text:
PART I
Preliminary
Citation and commencement
1
These Regulations may be cited as the Air Navigation (Dangerous Goods) Regulations 2002 and shall come into force on 2nd December 2002.
Revocation
2
The Regulations specified in the Schedule hereto are hereby revoked.
Interpretation
3
1
In these Regulations:
“acceptance check list” means a document used to assist in carrying out a check on the external appearance of packages of dangerous goods and their associated documents to determine that all appropriate requirements have been met;
“cargo aircraft” means any aircraft which is carrying goods or property but not passengers and for the purposes of these Regulations the following are not considered to be passengers:
a crew member;
an operator’s employee permitted to be carried by, and carried in accordance with, the instructions contained in the Operations Manual;
an authorised representative of a competent national aviation authority;
a person with duties in respect of a particular shipment on board;
“dangerous goods” means any article or substance which is identified as such in the Technical Instructions;
“dangerous goods accident” means an occurrence associated with and related to the carriage of dangerous goods by air which results in fatal or serious injury to a person or major property damage;
“dangerous goods incident” means an occurrence, other than a dangerous goods accident, which:
is associated with and related to the carriage of dangerous goods by air, not necessarily occurring on board an aircraft, which results in injury to a person, property damage, fire, breakage, spillage, leakage of fluid or radiation or other evidence that the integrity of the packaging has not been maintained; or
relates to the carriage of dangerous goods and which seriously jeopardises the aircraft or its occupants;
“dangerous goods transport document” means a document which is specified by the Technical Instructions and contains information about those dangerous goods;
“freight container” means an article of transport equipment for radioactive materials, designed to facilitate the carriage of such materials, either packaged or unpackaged, by one or more modes of transport, but does not include a unit load device;
“handling agent” means an agent who performs on behalf of the operator some or all of the functions of the latter including receiving, loading, unloading, transferring or other processing of passengers or cargo;
“ID number” means an identification number specified in the Technical Instructions for an item of dangerous goods which has not been assigned a UN number;
“non-United Kingdom operator” means an aircraft operator who holds an air operator’s certificate issued otherwise than by the CAA ;
“overpack” means an enclosure used by a single shipper to contain one or more packages and to form one handling unit for convenience of handling and stowage, but does not include a unit load device;
“package” means the complete product of the packing operation consisting of the packaging and its contents prepared for carriage;
“packaging” means the receptacles and any other components or materials necessary for the receptacle to perform its containment function;
“proper shipping name” means the name to be used to describe a particular article or substance in all shipping documents and notifications and, where appropriate, on packagings;
“serious injury” means an injury which is sustained by a person in an accident and which:
requires hospitalisation for more than 48 hours, commencing within seven days from the date the injury was received; or
results in a fracture of any bone (except simple fractures of fingers, toes or nose); or
involves lacerations which cause severe haemorrhage, nerve, muscle or tendon damage; or
involves injury to any internal organ; or
involves second or third degree burns, or any burns affecting more than 5 per cent of the body surface; or
involves verified exposure to infectious substances or injurious radiation.
“Technical Instructions” until and including 31st December 2002 means the 2001–2002 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air, including the Supplement thereto approved and published by decision of the Council of the International Civil Aviation Organisation;
“Technical Instructions” on and after 1st January 2003 means the 2003–2004 English language edition of the Technical Instructions for the Safe Transport of Dangerous Goods by Air approved and published by decision of the Council of the International Civil Aviation Organisation;
“UN number” means the four-digit number assigned by the United Nations Committee of Experts on the Transport of Dangerous Goods to identify a substance or a particular group of substances;
“unit load device” means any type of container or pallet designed for loading onto an aircraft but does not include a freight container for radioactive materials or an overpack; and
“United Kingdom operator” means an aircraft operator who holds an air operator’s certificate issued by the CAA.
2
a
Other expressions used in these Regulations shall have the same respective meanings as in the Air Navigation Order 2000.
3
For the avoidance of doubt any reference in the Technical Instructions or these Regulations to the taking on board, loading onto or carriage of dangerous goods in or on an aircraft shall for the purpose of these Regulations be interpreted as applying also to the placing, suspending or carriage of such goods beneath an aircraft unless the context makes it otherwise apparent.
PART II
Requirements for carriage of dangerous goods
Requirement for approval of operator
4
1
An aircraft shall not carry or have loaded onto it any dangerous goods unless;
a
the operator is approved under this regulation; and
b
such goods are carried or loaded in accordance with:
i
any conditions to which such approval may be subject; and
ii
in accordance with the Technical Instructions.
2
An approval under this regulation:
a
shall be granted by the CAA if it is satisfied the operator is competent to carry dangerous goods safely;
b
shall be in writing; and
c
may be subject to such conditions as the CAA thinks fit.
Prohibition of carriage of dangerous goods
5
1
Subject to paragraphs (2) and (3) a person shall not:
a
deliver or cause to be delivered for carriage in, or
b
take or cause to be taken on board;
an aircraft any dangerous goods, which he knows or ought to know or suspect to be goods capable of posing a risk to health, safety, property or the environment when carried by air, unless the Technical Instructions have been complied with and the package of those goods is in a fit condition for carriage by air.
2
Subject to paragraph (3), these Regulations shall not apply to those dangerous goods specified in the Technical Instructions as being:
a
for the proper navigation or safety of flight;
b
to provide, during flight, medical aid to a patient;
c
to provide, during flight, veterinary aid or a humane killer for an animal;
d
to provide, during flight, aid in connection with search and rescue operations;
e
permitted for carriage by passengers or crew members; or
f
intended for use or sale during the flight in question.
3
a
The goods specified in paragraph (2) shall only be carried provided they comply with the following sub-paragraphs and Part 8 and the applicable provisions in paragraphs 1.1.3 and 2.2 of Part 1 of the Technical Instructions.
b
The goods specified in sub-paragraph (2)(a) shall only be carried if:
i
they are required to be carried on an aircraft by or under the Air Navigation Order 2000 or are otherwise intended for use on an aircraft for the purpose of the good order of the flight in accordance with the normal practice whether or not, in either case, such goods are required to be carried or intended to be used on that particular flight;
ii
when they are intended as replacements or have been removed for replacement, they comply with paragraph 2.2.2 of Part 1 of the Technical Instructions;
c
The goods specified in sub-paragraph (2)(b) and (2)(c) shall only be carried if:
i
they are or may be required for use during the flight;
ii
they are or may be required for use during a subsequent flight by the same aircraft and it will not be practicable to load the goods onto the aircraft in the intervening period before the commencement of that subsequent flight; or
iii
they were used or might have been required for use during a previous flight by the same aircraft and it has not been practicable to unload them from the aircraft since that flight;
d
The goods specified in sub-paragraph (2)(e) shall only be carried by passengers or crew members if they comply with the provisions in Part 8 of the Technical Instructions;
e
The goods specified in sub-paragraph (2)(f) shall only be carried if the Technical Instructions identify them as being items which can be carried on an aircraft for sale or use during a flight or, when they are intended as replacements for such items or have been removed for replacement, they are carried in accordance with paragraph 2.2.3 of Part 1 of the Technical Instructions.
PART III
Operator’s Obligations
Provision of information by the operator to crew etc
6
1
a
The operator of an aircraft flying for the purposes of public transport shall ensure that all appropriate manuals, including the Operations Manual, contain information about dangerous goods so that ground staff and crew members can carry out their responsibilities in regard to the carriage of dangerous goods, including the actions to be taken in the event of emergencies involving dangerous goods.
b
Where applicable, the operator shall ensure such information is also provided to his handling agent.
2
The operator of an aircraft in which dangerous goods are to be carried as cargo shall ensure that, before the flight begins, the commander of the aircraft is provided with:
a
written information about the dangerous goods as specified in paragraph 4.1 of Part 7 of the Technical Instructions; and
b
information for use in responding to an in-flight emergency as specified in paragraph 4.8 of Part 7 of the Technical Instructions.
3
The operator of an aircraft which is involved in an aircraft accident or an aircraft incident in the United Kingdom shall notify the CAA without delay of any dangerous goods carried as cargo on the aircraft.
Acceptance of dangerous goods by the operator
7
1
The operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in an aircraft until such package, overpack or freight container has been inspected to determine that:
a
insofar as it is reasonable to ascertain, the goods are not forbidden for carriage by air in any circumstances by the provisions of the Technical Instructions;
b
insofar as it is reasonable to ascertain, the goods are classified as required by the Technical Instructions;
c
insofar as it is reasonable to ascertain, the goods are packed as required by the Technical Instructions;
d
the package, overpack or freight container is marked and labelled in accordance with the provisions of Chapters 2 and 3 of Part 5 of the Technical Instructions;
e
the package, overpack or freight container is not leaking or damaged so that the contents may escape.
2
The operator of an aircraft in which dangerous goods are to be carried shall ensure that no package, overpack or freight container which contains dangerous goods is accepted for carriage in that aircraft unless it is accompanied by a dangerous goods transport document, except where the Technical Instructions indicate that such a document is not required, and shall inspect such a document to determine that it complies with the provisions of the Technical Instructions.
3
a
For the purpose of each of the inspections required by paragraphs (1) and (2) an acceptance check list shall be used and the results of the inspection shall be recorded thereon.
b
The acceptance check list shall be in such form and shall provide for the entry of such details as will enable the relevant inspection to be fully and accurately made by reference to the completion of that list.
Method of loading by the operator
8
1
The operator of an aircraft in which dangerous goods are to be carried as cargo shall ensure that dangerous goods are not carried in any compartment occupied by passengers or on the flight deck, except in circumstances permitted by the provisions in paragraph 2.1 of Part 7 of the Technical Instructions.
2
The operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods is loaded, segregated, stowed and secured on an aircraft in accordance with the provisions in Chapter 2 of Part 7 of the Technical Instructions.
3
The operator of an aircraft in which dangerous goods are to be carried shall ensure that packages, overpacks or freight containers bearing an indication that they can only be carried on a cargo aircraft are loaded and stowed in accordance with the provisions in paragraph 2.4.1 of Part 7 of the Technical Instructions and are not loaded on an aircraft carrying passengers.
Inspections by the operator for damage, leakage or contamination
9
1
The operator of an aircraft in which dangerous goods are to be carried shall ensure packages, overpacks or freight containers which contain dangerous goods are inspected for evidence of damage or leakage before being loaded on an aircraft or placed in a unit load device.
2
The operator of an aircraft in which dangerous goods are to be carried shall ensure a unit load device containing dangerous goods is not loaded unless it has been inspected and found free from any evidence of leakage from or damage to the packages, overpacks or freight containers contained in it.
3
The operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods which appears to be leaking or damaged is not loaded on an aircraft.
4
The operator of an aircraft in which dangerous goods are to be carried shall ensure that any package, overpack or freight container which contains dangerous goods which is found to be leaking or damaged on an aircraft is removed and that other cargo or baggage loaded on that aircraft is in a fit state for carriage by air and has not been contaminated.
5
The operator of an aircraft in which dangerous goods have been carried shall ensure after unloading that all packages, overpacks or freight containers which contain dangerous goods are inspected for signs of damage or leakage and if there is such evidence shall ensure that any part of the aircraft where the package, overpack or freight container was stowed, or any sling or other apparatus which has been used to suspend goods beneath the aircraft is inspected for damage or contamination.
Removal of contamination by the operator
10
1
The operator of an aircraft in which dangerous goods are to be carried shall ensure that any contamination found as a result of leaking or damaged packages, overpacks or freight containers is removed without delay.
2
The operator of an aircraft shall ensure that an aircraft is not permitted to fly for the purpose of carrying passengers or cargo if it is known or suspected that radioactive materials have leaked in or contaminated the aircraft, unless the radiation level resulting from the fixed contamination at any accessible surface and the non-fixed contamination are not more than the values specified in paragraph 3.2 of Part 7 of the Technical Instructions.
PART IV
Shipper’s Responsibilities
Shipper’s responsibilities
11
Before consigning any dangerous goods for carriage by air the shipper shall ensure that:
a
the goods are not forbidden for carriage by air in any circumstances under the provisions in pararaph 2.1 of Part 1 of the Technical Instructions;
b
if the goods are forbidden for carriage by air without approval, all such approvals have been obtained where the Technical Instructions indicate it is the responsibility of the shipper to so obtain them;
c
the goods are classified according to the classification criteria contained in Part 2 of the Technical Instructions;
d
the goods are packed according to paragraphs 2.2 and 2.4 of Part 1, Part 2, chapters 2 and 3 and paragraphs 4.2, 4.3 and 4.4 of Part 3 and Part 4 of the Technical Instructions and the packagings used are in accordance with such provisions of those paragraphs, chapters and Parts and Part 6 of the Technical Instructions as apply to those goods;
e
the package is marked and labelled in English in addition to any other language required by the State of Origin as specified for those goods in paragraph 2.4 of Part 1, chapters 2 and 3 and paragraph 4.5 of Part 3, chapters 2 and 3 of Part 5 and chapter 2 of Part 6 of the Technical Instructions;
f
the package is in a fit condition for carriage by air;
g
when one or more packages are placed in an overpack, the overpack only contains packages of goods permitted to be carried by paragraph 1.1 of Part 5 of the Technical Instructions and the overpack is marked and labelled as required by paragraphs 2.4 and 3.2 of Part 5 of the Technical Instructions;
h
a dangerous goods transport document:
i
has been completed in English in addition to any other language required by the State of Origin as required by paragraph 4.1 of Part 5 of the Technical Instructions; and
ii
contains a declaration signed by or on behalf of the shipper stating that the Technical Instructions have been complied with in that the dangerous goods:
aa
are fully and accurately described;
bb
are correctly classified, packed, marked and labelled; and
cc
are in a proper condition for carriage by air.
i
the operator of the aircraft has been furnished with the dangerous goods transport document required by paragraph (h) and such other documents in respect of dangerous goods as are required by Part 4 and paragraphs 4.3 and 4.4 of Part 5 of the Technical Instructions.
PART V
Commander’s Obligations
Commander’s duty to inform air traffic services
12
The commander of an aircraft carrying dangerous goods as cargo shall, in the event of an in-flight emergency and as soon as the situation permits, inform the appropriate air traffic services unit of those dangerous goods in detail or as a summary or by reference to the location from where the detailed information can be obtained immediately.
PART VI
Training
Provision of training
13
1
The shipper, and any agent thereof, shall ensure that before a consignment of dangerous goods is offered by him for carriage by air all persons involved in its preparation have received training as specified in Chapter 4 of Part 1 and paragraph 1.5 of Part 5 of the Technical Instructions, to enable them to carry out their responsibilities with regard to the carriage of dangerous goods by air.
2
a
A United Kingdom operator, and any agent thereof, shall ensure that all relevant staff involved with the carriage of passengers or cargo by air have received training which complies with sub-paragraphs (c) and (d).
b
The operator of an aircraft shall ensure that the staff of his handling agent have received that training.
c
The training shall be as specified in Chapter 4 of Part 1 and paragraph 4.9 of Part 7 of the Technical Instructions.
d
The training has been granted a training approval under paragraph (8).
3
a
The agent for a non-United Kingdom operator shall ensure that all relevant staff involved with the carriage of passengers or cargo by air have received training which complies with sub-paragraphs (b) and (c).
b
The training shall be as specified in Chapter 4 of Part 1 and paragraph 4.9 of Part 7 of the Technical Instructions.
c
The training has been granted a training approval under paragraph (8).
4
The content of training programmes shall be as specified in Chapter 4 of Part 1 of the Technical Instructions.
5
Initial and recurrent training programmes shall be established and maintained by or on behalf of the shipper and any agent thereof, the operator of an aircraft if it is a United Kingdom operator and the agent of the operator whether the operator is a United Kingdom operator or a non-United Kingdom operator in accordance with paragraph 4.1 of Part 1 of the Technical Instructions and recurrent training shall take place not less than every two years.
6
Records of training shall be maintained as specified in paragraph 4.2 of Part 1 of the Technical Instructions.
7
No person shall offer or provide training required by this part of these Regulations unless:
a
i
he has been granted a training instructor approval under paragraph (9); and
ii
the training has been approved under paragraph (8); or
b
he is employed by a shipper or an agent thereof and the training is offered or provided to other employees of that shipper or agent; or
c
i
he is employed by a United Kingdom operator or by an agent of a United Kingdom operator or of a non-United Kingdom operator;
ii
the training has been approved under paragraph (8); and
iii
the training is offered or provided to other employees of that United Kingdom aircraft operator or agent.
8
A training approval under this regulation shall be:
a
granted by the CAA if it is satisfied that the form and content of the training is adequate for its purpose;
b
in writing; and
c
subject to such conditions as the CAA thinks fit, and may in particular include a condition requiring that the training be provided by a person who holds a training instructor approval granted by the CAA under paragraph (9).
9
A training instructor approval under this regulation shall be:
a
granted by the CAA if it is satisfied that the person is competent to carry out the training specified in the approval granted under paragraph (8);
b
in writing; and
c
subject to such conditions as the CAA thinks fit.
PART VII
Provision of Information to Passengers and in Respect of Cargo
Provision of information to passengers
14
1
An airport operator and the operator of an aircraft flying for the purpose of public transport of passengers or his agent shall ensure that persons who are or may become passengers on an aircraft flying for the purposes of public transport are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked bagggage or with them by displaying notices sufficient in number and prominence for this purpose:
a
at each of the places at an airport where tickets are issued;
b
at each of the areas at an airport maintained to assemble passengers to board an aircraft; and
c
at any location where a passenger may be checked in.
2
The operator of an aircraft flying for the purpose of the public transport of passengers or his agent shall ensure that passengers are warned as to the type of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them either by providing information with each passenger ticket, sufficient in prominence for this purpose, or by some other appropriate means such that passengers receive a warning in addition to that required by paragraph (1).
3
Any person who, in the United Kingdom, makes available flight accommodation shall ensure that persons who are or may become passengers on an aircraft flying for the purposes of public transport are warned as to the types of dangerous goods which they are forbidden from carrying on an aircraft as checked baggage or with them by displaying notices sufficient in number and prominence for this purpose at any place where flight accommodation is offered for sale.
Provision of information in respect of cargo
15
The operator of an aircraft in which cargo is to be carried and any agent thereof shall ensure that notices giving information about the carriage of dangerous goods are displayed in sufficient number and prominence for this purpose at those places where cargo is accepted for carriage.
PART VIII
Documents and Records, Enforcement Powers and General
Keeping of documents and records
16
1
The operator of an aircraft carrying dangerous goods as cargo shall ensure that a copy of the dangerous goods transport document required by regulation 7(2) and the written information to the commander required by regulation 6(2)(a) are retained at a readily accessible location until after the full period of the flight on which the goods were carried.
2
The operator of an aircraft in which dangerous goods are carried shall preserve for not less than three months:
a
any dangerous goods transport document or other document in respect of dangerous goods which has been furnished to him by the shipper in accordance with regulation 7(2);
b
the record of any acceptance check list completed in accordance with regulation 7(3);
and
c
the written information to the commander as required by regulation 6(2)(a).
3
The record referred to in paragraph (2)(b) may be in a legible or a non-legible form so long as the recording is capable of being reproduced in a legible form.
Production of documents and records
17
1
The operator of an aircraft on which dangerous goods are to be or have been carried and any agent thereof shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person such of the following documents as may have been requested by that person:
a
the written approval referred to in regulation 4(1);
b
the dangerous goods transport document or other document in respect of any dangerous goods, referred to in regulation 7(2);
c
the completed acceptance check list in a legible form in respect of any dangerous goods, referred to in regulation 7(3); and
d
a copy of the written information provided to the commander of the aircraft in respect of any dangerous goods, referred to in regulation 6(2)(a).
2
The aircraft operator, shipper and any agent of either of them shall, within a reasonable time after being requested so to do by an authorised person, cause to be produced to that person any document which relates to goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.
Powers in relation to enforcement of the Regulations
18
1
An authorised person may examine, take samples of and seize any goods which the authorised person has reasonable grounds to suspect may be dangerous goods in respect of which the provisions of these Regulations have not been complied with.
2
An authorised person may open or require to be opened any baggage or package which the authorised person has reasonable grounds to suspect may contain dangerous goods in respect of which the provisions of these Regulations have not been complied with.
3
a
Subject to paragraph (5), any sample taken or goods seized by an authorised person under this regulation shall be retained or detained respectively for so long as the CAA considers necessary in all the circumstances and shall be disposed of in such manner as the CAA considers appropriate in all the circumstances.
b
Without prejudice to the generality of sub-paragraph (a) any sample taken or goods seized under this regulation may be retained or detained respectively:
i
for use as evidence at a trial for an offence; or
ii
for forensic examination or for investigation in connection with an offence.
4
a
The person from whom any goods have been seized by an authorised person under this regulation may apply to the CAA for the item to be released to him.
b
An application under this paragraph shall be made in writing and shall be accompanied by evidence of ownership by the applicant.
c
The function of deciding a case where such an application as is referred to in sub-paragraph (a) has been made is hereby prescribed for the purposes of section 7(1) of the Civil Aviation Act 1982: and for the purpose of making any decision in such a case a quorum of the CAA shall be one member.
d
Where the CAA is satisfied that the applicant is the owner of the item concerned and that further retention of the item is not necessary for the purposes of any criminal proceedings it shall arrange for the goods concerned to be returned to the applicant.
5
Where further retention of goods is, in the opinion of the CAA no longer necessary and no application has been made under paragraph (4) or any such application has been unsuccessful the goods shall be destroyed or otherwise disposed of in accordance with the directions of the CAA.
Occurrence reporting
19
1
A United Kingdom operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared dangerous goods in cargo or passenger’s baggage, wherever it occurs, is reported to the CAA.
2
A non-United Kingdom operator shall ensure that any dangerous goods accident, dangerous goods incident or the finding of undeclared or misdeclared dangerous goods in cargo or passenger’s baggage which occured in the United Kingdom is reported to the CAA.
3
A report required under paragraph (1) or (2) shall contain such of the following information as is appropriate to the occurrence:
a
date of the occurrence;
b
location of the occurrence, flight number and flight date;
c
description of the goods and the reference number of the air waybill, pouch, baggage tag and ticket;
d
proper shipping name (including the technical name, if applicable);
e
UN/ID number;
f
class or division in accordance with the Technical Instructions and any subsidiary risk(s);
g
type of packaging and the packaging specification marking;
h
quantity of dangerous goods;
i
name and address of the shipper or passenger;
j
suspected cause of the occurrence;
k
action taken;
l
any other reporting action taken;
m
name, title, address and contact number of the reporter;
n
any other relevant details.
4
a
Subject to sub-paragraph (b) a report containing as much of the information referred to above as is in his possession shall be despatched in writing, or in such other form as the CAA may approve, and by the quickest available means to the CAA within 72 hours of the occurrence coming to the knowledge of the person making the report.
b
If at that time any of the said information is not in the possession of that person, he shall despatch the information to the CAA in writing, or in such other form as the CAA may approve, and by the quickest available means within 72 hours of the information coming into his possession.
5
Nothing in this regulation shall require a person to report any occurrence which he has reported under article 117 of the Air Navigation Order 2000 or which he has reason to believe has been or will be reported by another person to the CAA in accordance with that article.
Dropping articles for agricultural, horticultural, forestry or pollution control purposes
20
Subject to the provisions of regulation 4(1)(a) nothing in these Regulations shall apply to any aircraft flying solely for the purpose of dropping articles for the purpose of agriculture, horticulture, forestry or pollution control.
Police aircraft
21
Nothing in these Regulations other than regulation 4(1)(a) shall apply to the carriage of dangerous goods by an aircraft flying under and in accordance with the terms of a police air operator’s certificate.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
11th November 2002


type: legislation

jurisdiction: UK

text:
Title, extent, commencement and cessation
1
1
This Order may be cited as the Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002 and shall extend to England only.
2
This Order shall come into force on 11th February 2002 and shall cease to have effect on 1st December 2002.
Application of the Pigs (Records, Identification and Movement) Order 1995
2
1
In so far as it extends to England, the Pigs (Records, Identification and Movement) Order 1995 shall apply as if amended in accordance with the following provisions of this article.
2
In article 2(1) the following definitions shall be inserted in the appropriate places —
“ CPH number” means the county parish holding number assigned from time to time to any premises or part of any premises by the Department for Environment, Food and Rural Affairs;
;
“sole occupancy group” shall have the meaning given to it in the Disease Control (Interim Measures) (England) Order 2002 ;
.
3
For article 5(3) there shall be substituted the following paragraph —
3
It shall not be lawful to move a pig from a holding (other than with a view to it being moved outside Great Britain) unless before the movement commences it is marked —
a
in the case of a pig moving to an exhibition or show or for breeding purposes and which is intended to be returned to the premises from which it is moved, with an identification mark comprising the herd mark of the holding on which the mark is applied and a unique individual identification number allotted to the pig by the owner or person in charge of it; or
b
in all other cases —
i
with an identification mark which complies with paragraph (2) above, or
ii
with an identification mark which will last at least until the pig reaches its destination and which, either by itself or by reference to a document accompanying the pig during the movement, enables the holding from which the pig was last moved to be identified.
.
4
For article 7(2) there shall be substituted the following paragraph —
2
It shall not be lawful for any person —
a
to move a pig to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there;
b
to remove a pig from a slaughterhouse except after slaughter; or
c
to return a pig to a farm from a market for pigs intended for immediate slaughter.
.
5
For article 8 there shall be substituted the following article —
8
1
Subject to the following provisions of this article, whenever any animal has been moved to any premises it shall not be lawful to move any pig from those premises (or any other premises in the same sole occupancy group) before the expiry of a period of 20 days from the day on which the animal first referred to was delivered to those premises.
2
The restriction contained in paragraph (1) of this article shall not apply in any of the cases set out in article 3(2) of the Disease Control (Interim Measures) (England) Order 2002.
3
Notwithstanding the prohibition in paragraph (1) above, no account shall be taken of the following movements —
a
any movement referred to in article 3(3) of the Disease Control (Interim Measures) (England) Order 2002; and
b
movement of a pig intended for breeding or growing from a source approved by the Minister onto any premises, when such movement is authorised in accordance with conditions set out in writing by a veterinary inspector.
.
6
For article 9 there shall be substituted the following article —
9
1
No person shall move a pig from a farm to other premises for any purpose other than those set out in paragraphs (2) or (3) below unless the pig is accompanied by a completed declaration in the form set out in Schedule 2.
2
No person shall move a pig from a farm to other premises for the purposes of exhibition or show, artificial insemination or veterinary treatment or return a pig to a farm from such premises unless the pig is accompanied by a completed declaration in the form set out in Schedule 3.
3
No person shall move a pig from a farm to other premises for breeding purposes unless the pig is accompanied by a completed declaration in the form set out in Schedule 3.
4
No person shall return a pig to a farm from premises to which it was moved for breeding purposes unless the pig is accompanied by a completed declaration in the form set out in Schedule 4.
7
For article 11(3) there shall be substituted the following paragraph —
3
It shall be the duty of the person in charge of the collecting centre in the case of a movement to a farm, within the period of three days after the movement is commenced, to send a further copy of the declaration to the local authority of the area in which the collecting centre is situated.
.
8
For article 13 there shall be substituted the following article —
13
1
It shall not be lawful for any person to hold a sale of pigs on a farm except in accordance with a licence issued by an inspector of the local authority for the area in which the farm is situated.
2
A licence under paragraph (1) above shall not be issued, and a sale shall not be held, unless —
i
the sale will comprise only pigs forming the whole or part of the standing herd of that farm, and
ii
no animals (other than animals moved on to the farm in accordance with the provisions of article 3(3) of the Disease Control (Interim Measures) (England) Order 2002) have been moved on to that farm on the day of sale or within a period of 20 days preceding the day of sale.
.
9
Article 14 shall be deleted.
10
After article 19 there shall be inserted the following article —
Extension of definition of “animals”
20
For the purposes of the Animal Health Act 1981 in its application to this order, the definition of “animals” in section 87(2) of the Act is extended so as to comprise elephants.
.
11
For Schedules 2, 3, 4, 6 and 7 there shall be substituted the Schedules contained in the Schedule to this Order.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
Dated 7 February 2002


text:
Citation and commencement
1
This Order may be cited as the Widening Horizons–North Islington Education Action Zone (Extension) Order 2002 and shall come into force on 1st December 2002.
Interpretation
2
In this Order —
“Widening Horizons–North Islington Education Action Zone” means the Education Action Zone established by the Widening Horizons–North Islington Education Action Zone Order 1999 .
The extension of the Widening Horizons–North Islington Education Action Zone
3
The Widening Horizons–North Islington Education Action Zone is extended for a further period of two years beginning with 1st December 2002.
David Miliband
Minister of State,
Department for Education and Skills
7th November 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“the relevant person” means —
in relation to a pupil under the age of 18, a parent of his;
in relation to a pupil who has attained that age, the pupil himself.
2
Any exclusion for a fixed period consisting of the period between the morning and afternoon school sessions shall for the purposes of these Regulations be taken as equivalent to half a school day.
Power of head teacher to exclude pupils
3
A head teacher may not exercise his power under section 52(1) of the 2002 Act so as to exclude a pupil from the school for one or more fixed periods if, as a result, the pupil would be excluded for more than 45 school days in any one school year.
Exclusion of pupils: duty to inform parents, governing body and local education authority
4
1
Where the head teacher of a maintained school excludes any pupil, the head teacher shall (without delay) take reasonable steps to inform the relevant person of the following matters —
a
the period of the exclusion or, if the pupil is being permanently excluded, that he is being so excluded;
b
the reasons for the exclusion;
c
that he may make representations about the exclusion to the governing body; and
d
the means by which such representations may be made.
2
Where the head teacher decides that any exclusion of a pupil for a fixed period should be made permanent, he shall (without delay) take reasonable steps to inform the relevant person of —
a
his decision, and
b
the matters specified in sub-paragraphs (b) to (d) of paragraph (1).
3
Paragraph (4) applies where the head teacher —
a
excludes any pupil in circumstances where the pupil would, as a result of the exclusion —
i
be excluded from the school for a total of more than five school days in any one term, or
ii
lose an opportunity to take any public examination,
b
excludes a pupil permanently, or
c
decides that any exclusion of a pupil should be made permanent.
4
Where this paragraph applies, the head teacher shall (without delay) inform the local education authority and the governing body of the following matters —
a
the period of the exclusion or, if the pupil is being permanently excluded, that he is being so excluded, or
b
his decision that any exclusion of a pupil for a fixed period should be made permanent,
and (in either case) of the reasons for it.
5
The head teacher shall in each term inform the local education authority and the governing body of any exclusions which do not fall within paragraph (3) and the reasons for them.
Functions of governing body in relation to excluded pupils
5
1
Paragraphs (2) to (6) apply where the governing body of a maintained school are informed under regulation 4(4) of —
a
the permanent exclusion of a pupil,
b
a decision that any exclusion of a pupil should be made permanent,
c
the exclusion of any pupil, and the circumstances are that the pupil would, as a result of the exclusion —
i
be excluded from the school for a total of more than fifteen school days in any one term, or
ii
lose an opportunity to take a public examination, or
d
the exclusion of any pupil where the pupil would as a result of the exclusion be excluded from the school for a total of more than five school days in any one term and the relevant person expresses a wish to make representations in pursuance of regulation 4(1)(c).
2
The governing body shall in any such case —
a
consider the circumstances in which the pupil was excluded;
b
consider any representations about the exclusion made to the governing body —
i
by the relevant person in pursuance of regulation 4(1)(c), or
ii
by the local education authority;
c
allow each of the following, namely —
i
the relevant person, and
ii
an officer of the local education authority nominated by the authority,
to attend a meeting of the governing body and to make oral representations about the exclusion; and
d
consider any oral representations so made.
3
The governing body shall consider whether or not the pupil should be reinstated and where they consider that the pupil should be reinstated, they shall in addition consider whether he should be reinstated immediately, or reinstated by a particular date.
4
If the governing body decide that the pupil should be reinstated, they shall forthwith —
a
give the appropriate direction to the head teacher, and
b
inform the relevant person and the local education authority of their decision.
5
The head teacher shall comply with any direction of the governing body for the reinstatement of a pupil who has been excluded from the school.
6
If the governing body decide that the pupil should not be reinstated, they shall forthwith —
a
inform the relevant person, the head teacher and the local education authority of their decision, and
b
in addition, in the case of a pupil who is permanently excluded, give the relevant person notice in writing referring to that decision and stating the following matters —
i
the reasons for the decision,
ii
his right to appeal against the decision,
iii
the person to whom he should give any notice of appeal,
iv
that any notice of appeal must contain the grounds of appeal, and
v
the last date on which an appeal may be made.
7
Where —
a
the head teacher of a maintained school excludes a pupil in a case where paragraphs (2) to (6) do not apply, and
b
the governing body receive any representations made in pursuance of regulation 4(1)(c) by the relevant person about the exclusion,
they shall consider those representations.
8
Subject to paragraph (9), the governing body shall take each of the steps referred to in paragraph (2) —
a
not earlier than six school days; and
b
not later than 15 school days, in the case of a permanent exclusion or an exclusion for a fixed period of more than 15 school days; or
c
not later than 50 school days, in the case of an exclusion for a fixed period of 15 school days or fewer,
after the date on which they were informed of the matters referred to in regulation 4(4).
9
Where a pupil has been excluded in circumstances in which he would, as a result of the exclusion, lose an opportunity to take a public examination, the governing body shall (so far as it is practical for them to do so) take each of the steps referred to in paragraph (2) before the date on which the pupil is due to take the examination and in any event no later than is required by paragraph (8).
10
The governing body shall not be relieved of the duty to take any step referred to in paragraph (2) because it has not been taken within the periods specified in paragraphs (8) and (9).
11
The notice in writing referred to in paragraph (6)(b) may be given either —
a
by delivering it to the relevant person’s last known address, or
b
by properly addressing, pre-paying and sending by first class post to the relevant person’s last known address a letter containing the notice.
Appeals against permanent exclusion of pupils
6
1
A local education authority shall make arrangements for enabling the relevant person to appeal against any decision of the governing body under regulation 5 not to reinstate a pupil who has been permanently excluded from a school maintained by the authority.
2
The Schedule to these Regulations has effect in relation to the making and hearing of appeals pursuant to arrangements made under paragraph (1); and in paragraphs (3) to (6) “appeal panel” means an appeal panel constituted in accordance with paragraph 2 of the Schedule.
3
In making any decision on an appeal pursuant to arrangements made under paragraph (1), an appeal panel shall have regard both to the interests of the excluded pupil and to the interests of other pupils and persons working at the school (including persons working at the school voluntarily).
4
An appeal panel shall not determine that a pupil is to be reinstated merely because of a failure to comply with any procedural requirement imposed by or under these Regulations in relation to —
a
the decision under regulation 5 against which the appeal is brought, or
b
the exclusion or decision by the head teacher to which that decision related.
5
The decision of an appeal panel on an appeal pursuant to arrangements made under paragraph (1) shall be binding on the relevant person, the governing body, the head teacher and the local education authority.
6
On such an appeal the appeal panel may —
a
uphold the exclusion;
b
direct that the pupil is to be reinstated (either immediately or by a date specified in the direction), or
c
decide that because of exceptional circumstances or for other reasons it is not practical to give a direction requiring his reinstatement, but that it would otherwise have been appropriate to give such a direction.
Exclusion of pupils: guidance
7
1
This regulation applies to any functions of —
a
the head teacher or the governing body of a maintained school,
b
a local education authority, or
c
an appeal panel constituted in accordance with paragraph 2 of the Schedule,
under section 52(1) of the 2002 Act or these Regulations.
2
In discharging any such function, such a person or body shall have regard to any guidance given from time to time by the Secretary of State.
Consequential Amendments
8
1
The Education (School Government) (England) Regulations 1999 shall be amended as follows —
a
in regulation 42(3), for “sections 65 to 68 of the 1998 Act” there shall be substituted “regulations 4 to 7 of the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002”, and
b
in regulation 48(3), for “subsections (2) to (4) of section 66 of the 1998 Act” there shall be substituted “paragraphs (2) to (4) and (6)(a) of regulation 5 of the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002”.
2
In paragraph 6 of Schedule 9 to the Education (School Performance Information) (England) Regulations 2001 , for “the duty under section 65(4) of the School Standards and Framework Act 1998” there shall be substituted “any duty imposed by regulations made under section 52 of the Education Act 2002”.
3
Regulation 9(4)(d) of the Education (Pupil Registration) Regulations 1995 shall be amended as follows —
a
for the words “section 66 of the 1998 Act” there shall be substituted “regulations made under section 52 of the Education Act 2002”;
b
in sub-paragraph (i), for the words “section 67 of the 1998 Act” there shall be substituted “those regulations”.
Revocation
9
1
Subject to paragraph (2) the Education (Lay Members of Appeal Committees) Regulations 1994 (to the extent that they have not already been revoked), the Education (Exclusions from School) (Prescribed Periods) Regulations 1999 and the Education (Exclusions from School) (Prescribed Periods) (Amendment) (England) Regulations 2000 are hereby revoked.
2
The regulations revoked by paragraph (1) shall however continue to have effect in relation to any exclusion to which sections 64 to 68 of, and Schedule 18 to, the School Standards and Framework Act 1998 applies by virtue of paragraph 4 of the Schedule to the Education Act 2002 (Commencement No. 3 and Savings and Transitional Provisions) Order 2002 (pupils excluded before 20th January 2003).
Ivan Lewis
Parliamentary Under Secretary of State
Department for Education and Skills
17th December 2002


text:
1
This Order may be cited as the A5011 Trunk Road (Linley Road) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/424 consisting of sheet 1 and marked “The A5011 Trunk Road (Linley Road) (Detrunking) Order 2002” signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A5011 Trunk Road.
3
The length of the trunk road route described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director Highways Agency
26th April 2002


text:
Title, commencement and extent
1
This Order may be cited as the Movement of Animals (Restrictions) (England) Order 2002; shall come into force on 20th January 2003; and extends to England only.
Extension of definition of “animals” and “disease”
2
For the purposes of the Animal Health Act 1981 in its application to this Order —
a
the definition of “animals” in section 87(1) of that Act is extended so as to comprise any kind of mammal except man and any kind of four-footed beast which is not a mammal; and
b
the definition of “disease” in section 88(1) of that Act is extended so as to comprise any disease of animals.
Interpretation and application
3
1
In this Order —
“premises” includes land with or without buildings; and
“primary route” has the same meaning as in the Traffic Signs Regulations and General Directions 1994 .
2
Where a power contained in this Order could be exercised under the provisions of any other Order, the power under this Order may be exercised in addition to, or instead of, the power in the other Order.
Restrictions on movement of animals in cases of disease or suspected disease
4
1
If a veterinary inspector suspects that disease exists on any premises or means of transport, he may serve a notice on the person in charge of the premises or means of transport prohibiting the movement of any animal, carcase or other thing on to or from those premises or that means of transport, except under the authority of a licence issued by a veterinary inspector.
2
A notice issued under paragraph (1) may contain such other restrictions or requirements with regard to the premises or means of transport or with regard to persons, animals, carcases or other things on the premises or means of transport as the veterinary inspector considers necessary for the purpose of preventing the spread of disease.
3
If any person contravenes a notice issued under this article in so far as it applies to an animal, the Secretary of State or an inspector of a local authority, may seize or detain that animal and may dispose of it in such manner as he considers necessary to prevent the spread of disease.
4
Any expenses incurred by the Secretary of State or inspector in exercise of the powers under paragraph (3) shall be recoverable as a civil debt, by the Secretary of State or local authority, from the person in default.
Declaration of infected area
5
1
If the Secretary of State suspects that disease exists in any area she may make an Order declaring that area to be an infected area to which the provisions of article 6 apply.
2
An Order under paragraph (1) shall specify —
a
the disease in respect of which the infected area is being declared; and
b
the species of animal to which the provisions of article 6 are to apply.
3
Any premises which are partly inside and partly outside the infected area shall be deemed to be wholly inside that area.
Restrictions on movement of animals within and out of an infected area
6
1
No person shall move an animal to which this article applies out of an area declared to be an infected area under this Order except —
a
under the authority of a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector; or
b
where the animal is transiting the area by train or in a vehicle by the shortest available route using motorways or primary routes without being unloaded.
2
No person shall move an animal to which this article applies from any premises in an area declared to be an infected area under this Order, except under the authority of a licence issued by a veterinary inspector or an inspector acting under the direction of a veterinary inspector.
Veterinary investigation as to the existence of disease
7
1
Where, for any reason, the Secretary of State considers it necessary to establish whether or not disease exists on any premises or means of transport, a veterinary inspector may carry out such inquiries, examinations and tests and take such samples as he considers necessary.
2
A veterinary inspector may mark, or cause to be marked, for identification purposes any animal, carcase or other thing in relation to which any of the powers under paragraph (1) have been exercised.
3
No person shall deface, obliterate or remove any mark applied under paragraph (2)
4
The person in charge of the premises or means of transport or any person in his employment shall render such reasonable assistance to a veterinary inspector as he may require for the purpose of facilitating the exercise of his powers under paragraph (1) or (2).
Restriction on the movement of animals in order to ascertain the presence of disease
8
Where a veterinary inspector is carrying out an investigation under article 7, he may —
a
where the animals under investigation are on premises, serve a notice on the person in charge of the premises, restricting the movement of any animal on to or off those premises; and
b
where the animals under investigation are on a means of transport, serve a notice on the person in charge of the animals or the means of transport requiring him to move the animals to such place as may be specified in the notice.
Cleansing and disinfection
9
A veterinary inspector may serve a notice on the person in charge of any premises or means of transport in respect of which a notice under article 4 has been issued, requiring him to cleanse and disinfect those premises or that means of transport in accordance with the requirements of that notice.
General provisions as to notices and licences
10
1
All licences and notices under this Order shall be in writing, may be subject to conditions and may be varied, suspended or revoked by a veterinary inspector in writing at any time.
2
A licence issued under this Order shall accompany whatever is being moved under its authority and any person acting under the authority of such a licence shall, on demand made by the Secretary of State or by an inspector of the local authority or by a member of a police force —
a
produce the licence;
b
allow a copy or extract to be taken; and
c
furnish his name and address.
General powers
11
1
If any person moves any animal or thing in contravention of a licence or notice issued under this Order, the Secretary of State or an inspector of the local authority may, without prejudice to any proceedings for an offence arising out of such contravention, serve a notice on the person in charge of that animal or thing, requiring him to move it in accordance with the requirements of the notice.
2
If any person on whom a notice has been served under article 9 fails to comply with the requirements of that notice, the Secretary of State or an inspector of the local authority may, without prejudice to any proceedings arising out of such default, carry out or cause to be carried out, the cleansing and disinfection required by the notice.
3
Any expenses reasonably incurred by the Secretary of State or inspector of the local authority in the exercise of the powers under paragraphs (1) or (2) shall be recoverable as a civil debt by the Secretary of State or the local authority, from the person in default.
Local authority to enforce Order
12
The provisions of this Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Revocations
13
The following Orders are revoked in so far as they apply to England —
a
The Disease of Animals (Ascertainment of Disease) Order 1985 ; and
b
The Movement of Animals (Restrictions) Order 1990 ;
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
23rd December 2002


text:
Title, extent and commencement
1
1
These Regulations may be cited as the Animals and Animal Products (Import and Export) (England and Wales) (Amendment) (England) (No. 2) Regulations 2002 and shall extend to England.
2
These Regulations shall come into force at 8.00 p.m. on 4th April 2002.
Amendment of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000
2
1
The Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 shall be amended in relation to England in accordance with the following provisions of this regulation.
2
In Schedule 3, Part I —
a
in paragraph 9, for the words “and 2002/153/ EC ( OJ No. L50, 21.2.2002, p.98);” there shall be substituted the words —
, 2002/153/EC (OJ No. L50, 21.2.2002, p.98) and 2002/242/EC (OJ No. L82, 26.3.2002, p.18);
; and
b
in paragraph 16 for the words “and 2002/153/EC (OJ No. L50, 21.2.2002, p.98).” there shall be substituted the words —
, 2002/153/EC (OJ No. L50, 21.2.2002, p.98) and 2002/242/EC (OJ No. L82, 26.3.2002, p.18).
.
Signed at 2.30 p.m. on 4th April 2002
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.
2
These Regulations shall extend to England and Wales.
Interpretation
2
1
In these Regulations “the principal Regulations ” means the Education (Student Loans) (Repayment) Regulations 2000 .
2
In regulation 2 of the principal Regulations, in the appropriate places in alphabetical order, insert the following definitions —
“eligible employment” has the same meaning as in the Teachers' Regulations;
;
“eligible teacher” means a teacher with a student loan made when he was resident in England or Wales who is eligible for a reduction in respect of that loan under the Teachers' Regulations;
;
“full-time” employment is full-time if the contract of employment so provides;
,
“part-time” employment is part-time if the contract of employment requires the employee to work for less than the whole of the working week;
; and
“the Teachers' Regulations ” means the Education (Teacher Student Loans) (Repayment etc. ) Regulations 2002 ;
.
Amendments to regulation 11 of the principal Regulations
3
1
Regulation 11 of the principal Regulations shall be amended as follows.
2
After paragraph (4) insert the following paragraphs —
4A
A borrower who is an eligible teacher in full-time eligible employment shall not be required to repay any of his student loan during the period he remains eligible under regulation 3(1) of the Teachers' Regulations.
4B
A borrower who is an eligible teacher in part-time eligible employment shall not be required to repay the proportion of any of his student loan for which he is eligible for a reduction under the Teachers' Regulations during the period he remains eligible under regulation 3(1) of the Teachers' Regulations.
.
3
In paragraph (5)(d)(iii) after “cancelled;” insert —
or
iv
the borrower is an eligible teacher in full-time eligible employment;
.
4
In paragraph (5)(e)(iv) after “paragraph (4)” insert —
or
v
the borrower is an eligible teacher in full-time eligible employment
.
5
After paragraph (8) insert the following paragraphs —
8A
Where a borrower is an eligible teacher in full-time eligible employment the Secretary of State shall not issue a notice under paragraphs (5)(a) to (d).
8B
Paragraph (5) shall apply where —
i
a person ceases to be eligible for a reduction under the Teachers' Regulations; or
ii
an eligible teacher in full-time eligible employment changes to part-time eligible employment.
.
Amendment to regulation 13 of the principal Regulations
4
After regulation 13(4) of the principal Regulations add the following paragraph —
5
Where the Secretary of State has received a voluntary payment not required under these Regulations in relation to loans of a borrower who is an eligible teacher after he has commenced eligible employment or 1st September 2002 whichever is the later he may refund to the borrower —
a
who is a full-time eligible teacher, an amount equal to that payment, or
b
who is a part-time eligible teacher, an amount equal to the part of that payment which is not required to pay the loan in full not including the proportion of the loan for which he is eligible for a reduction under the Teachers' Regulations.
.
Amendments to regulation 15 of the principal Regulations
5
1
Regulation 15 of the principal Regulations shall be amended as follows.
2
After paragraph (5)(a) insert the following sub-paragraph —
aa
where a borrower is an eligible teacher in part-time eligible employment, any amount of his income from that employment in excess of £ 10,000;
.
3
At the end of paragraph (5)(g) delete ‘and’.
4
In paragraph (5)(h) after “expenditure)” insert —
; and
i
amounts of any reduction or repayment made under the Teachers' Regulations
.
Amendment to regulation 35 of the principal Regulations
6
After regulation 35(7) of the principal Regulations add the following paragraph —
8
Paragraph (1) shall not apply to an employer of an eligible teacher in respect of eligible employment where the employer has received a written notification from the Secretary of State to that effect.
.
Amendment to regulation 43 of the principal Regulations
7
1
Regulation 43 of the principal Regulations shall be amended as follows.
2
At the end of paragraph (1)(b) delete ‘or’.
3
In paragraph (1)(c) after “officer” insert —
; or
d
any notification received under regulation 35(8)
.
David Miliband
Minister of State,
Department for Education and Skills
6th August 2002


text:
Citation, commencement and extent
1
These Regulations, which extend to England only , may be cited as the Local Authorities (Capital Finance) (Rate of Discount for 2002/03) (England) Regulations 2002 and shall come into force on 1st April 2002.
Rate of discount
2
The percentage rate of discount prescribed for the financial year beginning on 1st April 2002 for the purposes of defining “r” in section 49(2) of the Local Government and Housing Act 1989 shall be 7.2 per cent.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
23rd January 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Huntingdonshire (Electoral Changes) Order 2002.
2
This order, with the exception of articles 5, 6, 8 and 9, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
3
Articles 5 and 9 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Houghton and Wyton, and The Stukeleys to be held on 4th May 2006, on 15th October 2005;
b
for all other purposes, on 4th May 2006.
4
Articles 6 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Huntingdon and St Neots to be held on 3rd May 2007, on 15th October 2006;
b
for all other purposes, on 3rd May 2007.
Interpretation
2
In this Order —
“district” means the district of Huntingdonshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of Huntingdonshire (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Huntingdonshire District Council.
Wards of the district of Huntingdonshire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-nine wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Huntingdonshire
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Houghton and Wyton
5
The parish of Houghton and Wyton shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Huntingdon
6
1
The existing wards of the parish of Huntingdon shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Huntingdon East, Huntingdon North and Huntingdon West; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for the Huntingdon East parish ward shall be eight and for each of the Huntingdon North and Huntingdon West parish wards shall be four.
Wards of the parish of St Ives
7
1
The existing wards of the parish of St Ives shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names St Ives East, St Ives South and St Ives West; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the St Ives East and St Ives South parish wards shall be six and for the St Ives West parish ward shall be four.
Wards of the parish of St Neots
8
1
The existing wards of the parish of St Neots shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of The Stukeleys
9
The parish of The Stukeleys shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Parish Elections
10
1
Elections of all parish councillors for the parishes of Brampton, Broughton, Conington, Godmanchester, Great Gidding, Hemingford Abbots, Hilton, Little Gidding, Little Paxton, Old Hurst, Pidley cum Fenton, St Ives, Sawtry, Warboys and Woodhurst shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
2
Elections of all parish councillors for the parishes of Alconbury, Alconbury Weston, Alwalton, Buckden, Bury, Elton, Farcet, Great Paxton, Hemingford Grey, Houghton and Wyton, Offord Cluny, Offord Darcy, Sibson cum Stibbington, The Stukeleys, Toseland, Upton and Coppingford, Wistow and Yelling shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
3
Elections of all parish councillors for the parishes of Abbotsley, Abbots Ripton, Barham and Woolley, Bluntisham, Brington and Molesworth, Buckworth, Bythorn and Keyston, Colne, Earith, Easton, Ellington, Eynesbury Hardwicke, Fenstanton, Grafham, Great Gransden, Great Staughton, Hail Weston, Holme, Holywell-cum-Needingworth, Huntingdon, Kings Ripton, Leighton, Old Weston, Perry, Ramsey, St Neots, St Neots Rural, Somersham, Spaldwick, Stilton, Upwood and The Raveleys, Waresley, Woodwalton and Yaxley shall be held simultaneously on the ordinary day of election of councillors in 2007 and every fourth year after 2007.
4
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2003 for the parish of Glatton shall be five years.
5
Elections of all parish councillors for the parish of Glatton shall be held simultaneously on the ordinary day of election of councillors in 2008 and every fourth year after 2008.
6
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2003 for the parish of Folksworth and Washingley shall be three years.
7
Elections of all parish councillors for the parish of Folksworth and Washingley shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
8
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2004 for the parishes of Catworth, Kimbolton, Stow Longa and Tilbrook shall be three years.
9
Elections of all parish councillors for the parishes of Catworth, Kimbolton, Stow Longa and Tilbrook shall be held simultaneously on the ordinary day of election of councillors in 2007 and every fourth year after 2007.
10
Elections of all parish councillors for the parish of Southoe and Midloe shall be held simultaneously on the ordinary day of election of councillors in 2004, 2006 and every fourth year after 2006.
11
The term of office of every parish councillor elected on the ordinary day of election of councillors in 2004 for the parish of Southoe and Midloe shall be two years.
12
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 5th May 2008 in the office of a parish councillor for the parish of Glatton as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2008.
Maps
11
Huntingdonshire District Council shall make a print of the map marked “Map referred to in the District of Huntingdonshire (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
12
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
13
The District of Huntingdon (Electoral Arrangements) Order 1976 is revoked, save for articles 5 and 6(8).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (District of Hart) Order 2002 and shall come into force on 5th June 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the District of Hart with the exception of the M3 motorway, together with all its on and off slip roads, for its entire length in the District of Hart.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
14th May 2002


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Joint Claims) Amendment Regulations 2002 and shall come into force on 28th October 2002.
Amendment of the Jobseeker’s Allowance Regulations 1996
2
In the Jobseeker’s Allowance Regulations 1996 —
a
in regulation 3A(1) (prescribed description of a joint-claim couple for the purposes of section 1(4)) for “19th March 1976” there shall be substituted “28th October 1957”;
b
in regulation 3E(2) (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) —
i
at the end of sub-paragraph (j), the word “or” shall be omitted;
ii
after sub-paragraph (k), there shall be added the following —
or
1
where the other member was entitled to an income-based jobseeker’s allowance on 27th October 2002, save that this sub-paragraph shall apply only until the day on which he is required to attend at a place specified by an employment officer in a notification given or sent to him.
.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State
Department for Work and Pensions
2nd July 2002


text:
1
This Order may be cited as the Air Navigation (Jersey) (Amendment No. 2) Order 2002 and shall come into force on 24th April 2002.
2
The Schedule to the Air Navigation (Jersey) Order 2000 (which modifies provisions of the Air Navigation (No. 2) Order 1995 as they extend to Jersey) shall be amended by inserting the following new paragraph after paragraph 57: —
57A
In Schedule 9 (Air Traffic Controllers-Ratings), for paragraph 2(3) substitute —
3
An Approach Radar Control Rating shall, subject to article 81(4) of this Order, entitle the holder of the licence to act as an air traffic controller in the course of the provision of an approach control service, with the aid of any type of surveillance radar equipment either within the Channel Islands Control Zone or outside that Zone, in accordance with the provisions of any agreement in that respect made between the United Kingdom Civil Aviation Authority or the Direction Générale d'Aviation Civile of the Republic of France and the Committee.
.
A.K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 6) Order 2002.
2
Section 130 of the Criminal Justice and Police Act 2001 shall come into force on:
a
22nd April 2002 for the purpose of remands and committals by a court in any of the police areas listed in the Schedule to this Order; and
b
16th September 2002 for all other purposes.
Beverley Hughes
Parliamentary Under-Secretary of State
Home Office
16th April 2002


text:
Citation and commencement
1
This Order may be cited as the Downham and Bellingham Education Action Zone (Extension) Order 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In this Order —
“Downham and Bellingham Education Action Zone” means the Education Action Zone established by the Downham and Bellingham Education Action Zone Order 1999 .
The extension of the Downham and Bellingham Education Action Zone
3
The Downham and Bellingham Education Action Zone is extended for a further period of two years beginning with 10th January 2003.
David Miliband
Minister of State,
Department for Education and Skills
16th December 2002