text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 2002 and shall come into force —
a
for the purposes of regulation 3 and paragraphs 1 and 10 of the Schedule on 1st April 2001, and
b
for all other purposes on 5th April 2002.
2
In these Regulations “the principal Regulations ” means the National Health Service Pension Scheme Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations are amended in accordance with the Schedule.
Modifications of provisions having effect from 1st April 2001 (locum practitioners)
3
1
For the purposes of the principal Regulations, a person is treated as having been a locum practitioner or as being such a practitioner at any particular time during the period beginning with 1st April 2001 and ending with 30th December 2002 if —
a
at that particular time, apart from the condition in paragraph (b) of the definition of “locum practitioner” in paragraph 1 of Schedule 2 to those Regulations (as inserted by paragraph 10(1) of the Schedule to these Regulations), he would have fallen or falls within that definition, and
b
he meets that condition not later than 31st December 2002.
2
For the purposes of those Regulations, a person is also treated as having been a locum practitioner or as being such a practitioner at any particular time during the period beginning with 1st April 2001 and ending with 30th December 2002 if —
a
at that particular time, apart from the condition in paragraph (b) of the definition of “locum practitioner” in paragraph 1 of Schedule 2 to those Regulations (as inserted by paragraph 10(1) of the Schedule to these Regulations), he would have fallen or falls within that definition, and
b
i
he became or becomes a principal practitioner, an associate general practitioner, an assistant practitioner or a person who is treated as a practitioner under regulation R11 (participators in pilot schemes) after that particular time and not later than 31st December 2002;
ii
he became or becomes a medical pilot scheme employee treated as an officer under regulation R11(d)(ii) after that particular time and not later than 31st December 2002; or
iii
he became or becomes a registered medical practitioner who is an officer within the meaning of the principal Regulations after that particular time and not later than 31st December 2002.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
13th March 2002
We consent,
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Shepway Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the Shepway Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Shepway Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment) Rules 2002 and shall come into force on 17th April 2002.
2
In these Rules unless the context requires otherwise references to a rule by number alone mean the rule so numbered in, and references to a Schedule by number alone mean the Schedule so numbered to, the Court of Protection (Enduring Powers of Attorney) Rules 2001 .
Amendments to Court of Protection (Enduring Powers of Attorney) Rules 2001
2
In the Arrangement of Rules, after the entry for Part V, there shall be inserted —
PART VA
ACCOUNTS
25A
Passing of accounts
.
3
In rule 7, for the words from “the date on which” to the end of the rule, there shall be substituted
the date on which, in relation to the donor and every relative entitled to receive notice and every co-attorney, either —
notice has been given; or
leave has been given to dispense with notice.
.
4
1
After rule 23(1) there shall be inserted —
1A
No application for review shall lie from any decision under rule 26A.
.
2
In rule 23(3), after “application for review may” there shall be inserted “within fourteen days of the date on which the order was made or decision given,”.
5
1
For rule 25(1) and (2) there shall be substituted —
25
1
Where the court cancels a power of attorney in accordance with section 8(4) of the Act it shall, subject to paragraph (2), send a notice to the attorney requiring him to deliver the original instrument to the court.
2
Where the court is satisfied that the power has been revoked by the death or bankruptcy of the attorney the reference to the attorney in paragraph (1) shall be read as a reference to the attorney’s personal representative or (as the case may be) trustee in bankruptcy, and where the court is satisfied that the power has been revoked by the winding up or dissolution of the attorney, being a body corporate, that reference shall be read as a reference to the attorney’s liquidator or (as the case may be) receiver.
.
2
After rule 25(4) there shall be inserted —
4A
Where registration has been cancelled for the reason set out in section 8(4)(c) of the Act, the court shall mark on the power of attorney an endorsement that registration has been cancelled.
.
6
After rule 25 there shall be inserted —
PART VA
ACCOUNTS
Passing of accounts
25A
1
Where the court directs, under section 8(2)(b)(ii) of the Act, that the attorney render accounts, that direction shall include directions as to —
a
whether the accounts are to be delivered annually or, if not, the intervals at which the accounts are to be delivered; and
b
the time and manner in which accounts are to be delivered.
2
The attorney shall answer such requisitions on his accounts as the court shall raise and in such manner and in such time as the court shall direct.
.
7
After rule 26(3) there shall be inserted —
4
In a special case, the standard fee payable in accordance with item 4 of Schedule 2 shall be increased in accordance with that item where there is a readily ascertainable pecuniary consideration in the nature of capital arising to or provided by the donor (otherwise than by a loan to, or repayment of a loan by, the donor), no account being taken of the possible capitalisation of the value of rents or interests or other income payments.
5
The fee payable in accordance with Item 4 of Schedule 2 shall be taken —
a
in a special case, upon the making of the direction approving the transaction;
b
otherwise, upon the making of the application for the direction
and the court shall issue a certificate stating the amount payable.
6
In this rule “special case” means a direction made by the court —
a
authorising the settlement of any property of the donor, or the gift of any property of the donor; or
b
approving any arrangement in accordance with section 1 of the Variation of Trusts Act 1958 .
.
8
After rule 26 there shall be inserted —
Remission and postponement
26A
1
The court may remit or postpone the payment of the whole or any part of any fee where in its opinion hardship might otherwise be caused to the donor, or such other person liable to pay the fee, or his dependants, or the circumstances are otherwise exceptional.
2
The court may remit a payment of the whole or any part of any fee where the cost of calculation and collection would be disproportionate to the amount involved.
.
9
1
Schedule 2 shall be amended in accordance with the following paragraphs.
2
In column 2 of item 1, for “£75.00” there shall be substituted “£220.00”.
3
In column 2 of item 2, for “£25.00” there shall be substituted “£20.00”.
4
After item 2 there shall be inserted —
Fee on passing of accounts
3
On the passing of an attorney’s accounts by the court.
£110.00 Fee for certain directions
4
On making an application for, or, as the case may be, on the making of, a direction under section 8(2)(d) or (e) of the Act, or for a direction under section 5 of the Act which, if the power were registered, would be a direction under section 8(2)(d) or (e).
£50.00, or, in a special case, ¼% of the pecuniary consideration as referred to in rule 26(4) if greater than £50.00 provided that no fee under this item shall be taken if the property is worth less than £50.00, and no fee shall exceed £500.00.
Transitional provisions
10
1
Where, but for this paragraph, a fee would be payable under item 3 of Schedule 2 no such fee shall be payable if the accounts are passed pursuant to a direction of the court made before 17th April 2002.
2
Where, but for this paragraph, a fee would be payable under item 4 of Schedule 2, and by virtue of rule 26(5)(a) that fee would be payable upon the approval of the transaction, no such fee shall be payable if the application for such approval was received by the court before 17th April 2002.
Irvine of Lairg,
C
Dated 26th March 2002
We consent
Anne McGuire
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 26th March 2002


text:
Citation and Commencement
1
These Regulations may be cited as the Education (Grants in respect of Voluntary Aided Schools) (Amendment) (England) Regulations 2002 and shall come into force on 1st August 2002.
Amendment of the Education (Grants in respect of Voluntary Aided Schools) Regulations 1999
2
1
The Education (Grants in respect of Voluntary Aided Schools) Regulations 1999 shall be amended in relation to England as follows:
2
In regulation 2(1) —
a
in the definition of “eligible expenditure” for “qualifying expenditure” there shall be substituted “capital expenditure”;
b
before the definition of “relevant school” there shall be inserted —
“relevant percentage” is a percentage determined by the Secretary of State being not less than 85%
.
3
In regulation 3(1) —
a
for “qualifying expenditure” there shall be substituted “capital expenditure”; and
b
for “85%” there shall be substituted “the relevant percentage”.
4
In regulation 3(2) for “qualifying expenditure” there shall be substituted “capital expenditure”.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
27th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lincolnshire South West Primary Care Trust Change of Name Order 2002 and shall come into force on 29th April 2002.
2
In this Order “ the Order ” means the Lincolnshire South West Primary Care Trust (Establishment) Order 2001 ;
and “ the trust ” means the trust established by the Order.
Change of name of Primary Care Trust and transitional provisions
2
1
The trust shall be called the Lincolnshire South West Teaching Primary Care Trust instead of the Lincolnshire South West Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Lincolnshire South West” there shall be substituted the words “Lincolnshire South West Teaching”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
18th April 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Leasehold Reform (Collective Enfranchisement) (Counter-notices) (England) Regulations 2002 and shall come into force on 10th April 2003.
2
These Regulations extend to England only.
Interpretation
3
In these Regulations —
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993;
“the specified premises” has the same meaning as in section 13(12)(a) of the 1993 Act.
Additional content of reversioner’s counter-notice
4
A counter-notice given under section 21 (reversioner’s counter-notice) of the 1993 Act shall contain (in addition to the particulars required by that section) a statement as to whether or not the specified premises are within the area of a scheme approved as an estate management scheme under section 70.
Application
5
These Regulations shall apply to counter-notices given under section 21 on or after the date these Regulations come into force.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
20th December 2002


text:
Citation, commencement, interpretation, and extent
1
1
This Order may be cited as the Buckinghamshire Hospitals National Health Service Trust (Establishment) and the South Buckinghamshire National Health Service Trust and Stoke Mandeville Hospital National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st October 2002.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the dissolution date” means 1st April 2003;
“the establishment date” means the date on which this Order comes into force;
“the Authority” means the Thames Valley Health Authority; and
“the trust” means the Buckinghamshire Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Buckinghamshire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services for the purposes of the health service at or from —
a
Wycombe Hospital, Queen Alexandra Road, High Wycombe, Bucks HP11 2TT,
b
Amersham Hospital, Whielden Street, Amersham, Bucks HP7 0JD,
c
Appleyard, 19 Bramble Lane, London Road East, Amersham, Bucks HP7 9DN,
d
Stoke Mandeville Hospital, Mandeville Road, Aylesbury HP21 8AL, and
e
at or from any associated hospitals, establishments, and facilities.
Directors of the trust
4
The trust shall have a chairman, 5 executive directors and 5 non-executive directors.
Operational and accounting dates of the trust
5
1
The operational date of the trust shall be 1st April 2003.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into National Health Service contracts,
b
entering into other contracts including contracts of employment, and
c
doing such things as are reasonably necessary to enable the trust to begin operating satisfactorily.
Assistance from Health Authority before operational date
7
1
Between the establishment date and the operational date, the Authority shall meet the costs of the trust in performing its functions, by discharging the liabilities of the trust incurred during that period as specified in paragraph (2) which do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman, executive directors, and non-executive directors of the trust;
b
liability for the remuneration and travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may be reasonably incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Dissolution of National Health Service trusts
8
On the dissolution date —
a
the South Buckinghamshire National Health Service Trust, which was established by the South Buckinghamshire National Health Service Trust (Establishment) Order 1992; and
b
the Stoke Mandeville Hospital National Health Service Trust, which was established by the Stoke Mandeville Hospital National Health Service Trust (Establishment) Order 1993;
are dissolved, and their Establishment Orders are accordingly revoked.
Signed by Authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
20th September 2002


text:
Citation, commencement and extent
1
1
This Order may be cited as the Litter (Fixed Penalty)(England) Order 2002 and shall come into force on 1st April 2002.
2
This Order extends to England only.
Amount of fixed penalty
2
For the amount of £25 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990 substitute the amount of £50.
Revocation
3
The Litter (Fixed Penalty) Order 1996 is revoked.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
24th February 2002


text:
Citation and commencement
1
1
This Order may be cited as the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002 and shall come into force on 4th November 2002.
2
The Dart Harbour and Navigation Authority Act 1975 and this Order may be cited together as the Dart Harbour and Navigation Act and Order 1975 and 2002.
Incorporation of section 60 of Commissioners Clauses Act 1847
2
Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order.
Interpretation
3
In this Order —
“the 1975 Act ” means the Dart Harbour and Navigation Authority Act 1975;
“ the Authority ” means the Dart Harbour and Navigation Authority;
“ member ” means a member of the Authority;
“the new constitution date ” means 11th November 2002.
Constitution of Authority
4
1
On and after the new constitution date, the Authority shall consist of —
a
not less than seven and not more than nine members appointed by the Authority;
b
the Chief Executive for the time being of the Authority; and
c
the Harbour Master for the time being of the Authority (if a different person from the Chief Executive).
2
Each member appointed under paragraph (1)(a) above shall be a person who appears to the Authority to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
industrial and commercial activities;
b
marketing and communications;
c
tourism and leisure interests;
d
the law relating to harbours or property;
e
environmental matters;
f
personnel and health and safety;
g
finance;
h
any other skills and matters considered relevant from time to time by the Authority in order for it to discharge its functions;
and the Authority shall secure, so far as reasonably practicable, that the members appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1)(a) above or article 9(1) below, the Authority shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first members
5
1
The first appointments under article 4(1)(a) above shall be made on or before, 11th November 2002.
2
Of the first members appointed by the Authority under article 4(1)(a) —
a
three shall hold office from the new constitution date until 31st December 2002;
b
three shall hold office from the new constitution date until 31st December 2003; and
c
the remainder shall hold office from the new constitution date until 31st December 2004;
as the Authority shall specify when they make each of those appointments.
3
The first members of the Authority appointed under article 4(1)(a) shall include —
a
the person who, immediately before the new constitution date, was the chairman of the Authority (“the former chairman”); and
b
at least one other person who, immediately before the new constitution date, was a member of the Authority;
and, accordingly, if the first members of the Authority referred to in article 4(1) above do not include the former chairman and one such person as is mentioned in sub-paragraph (b) those members shall under article 7 below co-opt the former chairman and one such person to be members of the Board for a period of three years.
Terms of office of subsequent members
6
A member appointed under article 4(1)(a) above (other than a first member referred to in article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 8 and 10 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st January next following his appointment.
Power to co-opt additional members
7
1
The members of the Authority referred to in article 4(1) above may at any time co-opt not more than two persons to serve as members.
2
Except in the case of a member co-opted as mentioned in article 5(3) above, a co-opted member shall serve as a member for such period not exceeding twelve months as the co-opting members may specify at the time of co-option.
Declaration to be made by members
8
No person shall act as a member until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a member if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
9
1
A casual vacancy arising in the office of a member appointed by the Authority shall, unless it is not reasonably practicable to do so, be filled by the appointment of a member by the Authority and any such appointment shall be made in accordance with the requirements of article 4(2) and (3) above.
2
A member appointed to fill a casual vacancy under this article shall hold office (unless he previously dies or otherwise ceases to be a member) during the remainder of the term for which the member whom he replaces was appointed.
Disqualification of members
10
If the Authority are satisfied that a member —
a
has without the permission of the Authority been absent from the meetings of the Authority —
i
for a period during which three such meetings have been held; or
ii
for a period of three consecutive months,
whichever of those periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a member; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a member;
the Authority may declare his office as a member to be vacant and thereupon his office shall become vacant.
Indemnity insurance for members
11
The Authority may enter into, and pay premiums for, a contract of insurance to indemnify the members jointly or severally against personal liability arising from any act or omission of the members or of any of them; not being an act or omission which the member or members in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Authority
12
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Authority.
Publication of Authority’s annual statement of accounts
13
As soon as reasonably practicable after their annual statement of accounts is prepared, the Authority shall —
a
make available a copy of the statement for a period of three months at the offices of the Authority for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy; and
b
send a copy of the statement to South Hams District Council.
Advisory bodies
14
1
The Authority shall consult any accredited advisory body or bodies on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Authority shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by an accredited advisory body whether or not the accredited advisory body has been consulted by the Authority on the matter, recommendation or representation so referred or made.
3
In this paragraph “accredited advisory body” means any body which appears to the Authority —
a
to represent interests concerned with the harbour; and
b
to comply with such standards of openness and accountability as the Authority may from time to time prescribe.
Borrowing powers
15
In section 65(1)(a) of the 1975 Act (which specifies the limit for the general borrowing powers of the Authority) for the words “one million pounds” there shall be substituted the words “five million pounds (or that sum as adjusted in accordance with article 17 of the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002)”.
Temporary borrowing powers
16
In section 66(2) of the 1975 Act (which specifies the limit for the temporary borrowing powers of the Authority) for the words “two hundred thousand pounds” there shall be substituted the words “five hundred thousand pounds (or that sum as adjusted in accordance with article 17 of the Dart Harbour and Navigation Harbour Revision (Constitution) Order 2002)”.
RPI adjustment of borrowing limits
17
1
On each anniversary of the new constitution date, the sums mentioned in sections 65(1)(a) and 66(2) of the 1975 Act shall be adjusted in line with any movement (calculated to one decimal place) in RPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above shall be recorded in the next following annual statement of accounts prepared by the Authority.
3
In paragraph (1) above, “RPI” means the general index of retail prices for all items published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Consequential amendment of the 1975 Act
18
1
In section 2(1) of the 1975 Act (interpretation), for the definition of “the harbour master” there shall be substituted —
“the harbour master” means the Harbour Master of the Authority, and includes the authorised deputies and assistants of the Harbour Master and any person authorised by the Authority to act in those capacities;
.
2
In section 41(1) of the 1975 Act (confirmation of byelaws and fines thereunder), for the word “Clerk” there shall be substituted the words “Chief Executive of the Authority”.
Repeals
19
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order shall be repealed to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Stephen Reeves
Head of Ports Division,
Department for Transport
1st November 2002


text:
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry) (Amendment) Regulations 2002 and shall come into force on 20th September 2002.
2
In these Regulations “the principal Regulations ” means the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 and “regulation” means a regulation of the principal Regulations.
3
In regulation 7A(1) after “issue” insert “, renew”.
4
In regulation 7B(1) after “issue” insert “, renew”.
5
In regulation 7C(6) in the substituted sub-paragraph (b) for “three” substitute “twelve or (if the issuer considers it appropriate) thirty six”.
6
In regulation 24 —
a
in paragraph (1) after “prepared by” insert “an authorised officer of the Board or any person nominated by”;
b
at the end of each of paragraphs (2)(b), (4)(b) and (5)(aa) add “(or where such a number is not required, a substitute identifying number)”.
7
In regulation 25 for “inspector” wherever it occurs substitute “authorised officer of the Board or any person nominated by the Board”.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
30th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Disability Living Allowance) (Amendment) Regulations 2002 and shall come into force on 8th April 2002.
Amendment of regulation 12 of the Social Security (Disability Living Allowance) Regulations 1991
2
In regulation 12 of the Social Security (Disability Living Allowance) Regulations 1991 (entitlement to the mobility component), there shall be added after paragraph (6) the following paragraphs —
7
For the purposes of section 73(1)(d) of the Act, a person who is able to walk is to be taken not to satisfy the condition of being so severely disabled physically or mentally that he cannot take advantage of the faculty out of doors without guidance or supervision from another person most of the time if he does not take advantage of the faculty in such circumstances because of fear or anxiety.
8
Paragraph (7) shall not apply where the fear or anxiety is —
a
a symptom of a mental disability; and
b
so severe as to prevent the person from taking advantage of the faculty in such circumstances.
.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
11th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Control of Asbestos at Work Regulations 2002 and shall come into force on 21st November 2002 except regulation 4 which shall come into force on 21st May 2004 and regulation 20 which shall come into force on 21st November 2004.
Interpretation
2
1
In these Regulations —
“action level” means one of the following cumulative exposures to asbestos over a continuous 12-week period when measured or calculated by a method approved by the Health and Safety Commission, namely —
where the exposure is solely to chrysotile, 72 fibre-hours per millilitre of air;
where exposure is to any other form of asbestos either alone or in mixtures including mixtures of chrysotile with any other form of asbestos, 48 fibre-hours per millilitre of air; or
where both types of exposure occur separately during the 12-week period concerned, a proportionate number of fibre-hours per millilitre of air;
“adequate” means adequate having regard only to the nature and degree of exposure to asbestos and “adequately” shall be construed accordingly;
“appointed doctor” means a registered medical practitioner appointed for the time being in writing by the Executive for the purpose of these Regulations;
“approved” means approved for the time being in writing by the Health and Safety Commission or the Executive as the case may be;
“asbestos” means the following minerals, that is to say, crocidolite, amosite, chrysotile, fibrous actinolite, fibrous anthophyllite or fibrous tremolite or any mixture containing any of those minerals;
“asbestos area” and “respirator zone” shall be construed in accordance with regulation 17;
“control limit” means one of the following concentrations of asbestos in the atmosphere when measured or calculated by the reference method described in Annex I to Council Directive 83/477/ EEC or by a method giving equivalent results to that reference method approved by the Health and Safety Commission, namely —
for chrysotile —
0.3 fibres per millilitre of air averaged over a continuous period of 4 hours,
0.9 fibres per millilitre of air averaged over a continuous period of 10 minutes;
for any other form of asbestos either alone or in mixtures including mixtures of chrysotile with any other form of asbestos —
0.2 fibres per millilitre of air averaged over a continuous period of 4 hours,
0.6 fibres per millilitre of air averaged over a continuous period of 10 minutes;
“control measure” means a measure taken to prevent or reduce exposure to asbestos (including the provision of systems of work and supervision, the cleaning of workplaces, premises, plant and equipment, the provision and use of engineering controls and personal protective equipment);
“employment medical adviser” means an employment medical adviser appointed under section 56 of the Health and Safety at Work etc. Act 1974;
“ ISO 17025” means European Standard EN ISO/ IEC 17025, “General requirements for the competence of testing and calibration laboratories” accepted by the Comité Européen de Normalisation and the Comité Européen de Normalisation Electrotechnique ( CEN/CENELEC ) on 6th December 1999 as revised or reissued from time to time;
“medical examination” includes any laboratory tests and X-rays that a relevant doctor may require;
“personal protective equipment” means all equipment (including clothing) which is intended to be worn or held by a person at work and which protects that person against one or more risks to his health, and any addition or accessory designed to meet that objective;
“relevant doctor” means an appointed doctor or an employment medical adviser;
“the risk assessment” means the assessment of risk required by regulation 6(1)(a).
2
For the purposes of these Regulations, except as specified in regulation 10(4), in determining whether an employee is exposed to asbestos or whether the extent of such exposure exceeds the action level or a relevant control limit, no account shall be taken of respiratory protective equipment which, for the time being, is being worn by that employee.
Duties under these Regulations
3
1
Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work activity carried out by the employer except that the duties of the employer —
a
under regulation 9 (information, instruction and training) shall not extend to persons who are not his employees unless those persons are on the premises where the work is being carried out; and
b
under regulation 21 (health records and medical surveillance) shall not extend to persons who are not his employees.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and an employee.
3
Regulation 16(1), insofar as it requires an employer to ensure that premises are thoroughly cleaned, shall not apply to —
a
a fire authority in respect of premises attended, for the purpose of fighting a fire or in an emergency, by a fire brigade maintained by that authority; or
b
the employer of persons who attend a ship in dock premises for the purpose of fighting a fire or in an emergency, in respect of any ship so attended,
and in this regulation, “ship” includes all vessels and hovercraft which operate on water or land and water, and “dock premises” means a dock, wharf, quay, jetty or other place at which ships load or unload goods or embark or disembark passengers, together with neighbouring land or water which is used or occupied, or intended to be used or occupied, for those or incidental activities, and any part of a ship when used for those or incidental activities.
Duty to manage asbestos in non-domestic premises
4
1
In this regulation “the dutyholder” means —
a
every person who has, by virtue of a contract or tenancy, an obligation of any extent in relation to the maintenance or repair of non-domestic premises or any means of access thereto or egress therefrom; or
b
in relation to any part of non-domestic premises where there is no such contract or tenancy, every person who has, to any extent, control of that part of those non-domestic premises or any means of access thereto or egress therefrom,
and where there is more than one dutyholder, the relative contribution to be made by each such person in complying with the requirements of this regulation will be determined by the nature and extent of the maintenance and repair obligation owed by that person.
2
Every person shall cooperate with the dutyholder so far as is necessary to enable the dutyholder to comply with his duties under this regulation.
3
In order to enable him to manage the risk from asbestos in non-domestic premises, the dutyholder shall ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises.
4
In making the assessment —
a
such steps as are reasonable in the circumstances shall be taken; and
b
the condition of any asbestos which is, or has been assumed to be, present in the premises shall be considered.
5
Without prejudice to the generality of paragraph (4), the dutyholder shall ensure that —
a
account is taken of building plans or other relevant information and of the age of the premises; and
b
an inspection is made of those parts of the premises which are reasonably accessible.
6
The dutyholder shall ensure that the assessment is reviewed forthwith if —
a
there is reason to suspect that the assessment is no longer valid; or
b
there has been a significant change in the premises to which the assessment relates.
7
The dutyholder shall ensure that the conclusions of the assessment and every review are recorded.
8
Where the assessment shows that asbestos is or is liable to be present in any part of the premises the dutyholder shall ensure that —
a
a determination of the risk from that asbestos is made;
b
a written plan identifying those parts of the premises concerned is prepared; and
c
the measures which are to be taken for managing the risk are specified in the written plan.
9
The measures to be specified in the plan for managing the risk shall include adequate measures for —
a
monitoring the condition of any asbestos or any substance containing or suspected of containing asbestos;
b
ensuring any asbestos or any such substance is properly maintained or where necessary safely removed; and
c
ensuring that information about the location and condition of any asbestos or any such substance is —
i
provided to every person liable to disturb it, and
ii
made available to the emergency services.
10
The dutyholder shall ensure that —
a
the plan is reviewed and revised at regular intervals, and forthwith if —
i
there is reason to suspect that the plan is no longer valid, or
ii
there has been a significant change in the premises to which the plan relates;
b
the measures specified in the plan are implemented; and
c
the measures taken to implement the plan are recorded.
11
In this regulation, a reference to —
a
“the assessment” is a reference to the assessment required by paragraph (3);
b
“the premises” is a reference to the non-domestic premises referred to in paragraph (1); and
c
“the plan” is a reference to the plan required by paragraph (8).
Identification of the type of asbestos
5
An employer shall not carry out work which exposes or is liable to expose his employees to asbestos unless either —
a
before commencing that work, he has identified, by analysis or otherwise, the type of asbestos involved in the work; or
b
he has assumed that the asbestos is not chrysotile alone and for the purposes of these Regulations has treated it accordingly.
Assessment of work which exposes employees to asbestos
6
1
An employer shall not carry out work which is liable to expose his employees to asbestos unless he has —
a
made a suitable and sufficient assessment of the risk created by that exposure to the health of those employees and of the steps that need to be taken to meet the requirements of these Regulations;
b
recorded the significant findings of that risk assessment as soon as is practicable after the risk assessment is made; and
c
implemented the steps referred to in sub-paragraph (a).
2
Without prejudice to the generality of paragraph (1), the risk assessment shall —
a
subject to regulation 5, identify the type of asbestos to which employees are liable to be exposed;
b
determine the nature and degree of exposure which may occur in the course of the work;
c
consider the effect of control measures which have been or will be taken in accordance with regulation 10;
d
consider the results of monitoring of exposure in accordance with regulation 18;
e
set out the steps to be taken to prevent that exposure or reduce it to the lowest level reasonably practicable;
f
consider the results of relevant medical surveillance; and
g
include such additional information as the employer may need in order to complete the risk assessment.
3
The risk assessment shall be reviewed regularly and forthwith if —
a
there is reason to suspect that the existing risk assessment is no longer valid;
b
there is a significant change in the work to which the risk assessment relates; or
c
the results of any monitoring carried out pursuant to regulation 18 show it to be necessary,
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
4
Where, in accordance with the requirement in paragraph (2)(b), the risk assessment has determined that the exposure of his employees to asbestos may exceed the action level, the employer shall keep a copy of the significant findings of that risk assessment at those premises at which, and for such time as, the work to which that risk assessment relates is being carried out.
Plans of work
7
1
An employer shall not undertake any work with asbestos unless he has prepared a suitable written plan of work (hereinafter referred to in this regulation as “the plan of work”) detailing how that work is to be carried out.
2
The employer shall keep a copy of the plan of work —
a
at those premises at which; and
b
for such time as,
the work to which the plan relates is being carried out.
3
The plan of work shall include in particular details of —
a
the nature and probable duration of the work;
b
the location of the place where the work is to be carried out;
c
the methods to be applied where the work involves the handling of asbestos or materials containing asbestos;
d
the characteristics of the equipment to be used for —
i
protection and decontamination of those carrying out the work,
ii
protection of other persons on or near the worksite; and
e
the measures which the employer intends to take in order to comply with the requirements of regulation 10.
4
The employer shall ensure, so far as is reasonably practicable, that the work to which the plan of work relates is carried out in accordance with that plan.
Notification of work with asbestos
8
1
This regulation shall apply to work at the premises of the employer in which an employee is or is liable to be exposed to asbestos unless —
a
the extent of that exposure neither exceeds nor is liable to exceed the action level; or
b
the work is work to which the Asbestos (Licensing) Regulations 1983 apply.
2
An employer shall not carry out work to which this regulation applies for the first time unless he has notified the enforcing authority in writing of the particulars specified in Schedule 1 at least 14 days before commencing that work or before such shorter time as the enforcing authority may agree.
3
Where an employer has notified work in accordance with paragraph (2) and there is a material change in that work which might affect the particulars so notified (including the cessation of the work), the employer shall forthwith notify the enforcing authority of that change.
Information, instruction and training
9
1
Every employer shall ensure that adequate information, instruction and training is given to those of his employees —
a
who are or are liable to be exposed to asbestos, or who supervise such employees, so that they are aware of —
i
the significant findings of the risk assessment,
ii
the risks to health from asbestos,
iii
the precautions which should be observed, and
iv
the relevant control limit and action level,
in order to safeguard themselves and other employees; and
b
who carry out work in connection with the employer’s duties under these Regulations, so that they can carry out that work effectively.
2
The information, instruction and training required by paragraph (1) shall be —
a
given at regular intervals;
b
adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
c
provided in a manner appropriate to the nature and degree of exposure identified by the risk assessment.
Prevention or reduction of exposure to asbestos
10
1
Every employer shall —
a
prevent the exposure of his employees to asbestos so far as is reasonably practicable;
b
where it is not reasonably practicable to prevent such exposure —
i
reduce the exposure of his employees to asbestos to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment, and
ii
ensure that the number of his employees who are exposed to asbestos is as low as is reasonably practicable.
2
Without prejudice to the generality of paragraph (1), where employees may be exposed to asbestos in a manufacturing process or in the installation of a product, prevention of such exposure to asbestos shall be achieved, where it is practicable, by substituting for asbestos a substance which, under the conditions of its use, does not create a risk to the health of his employees or creates a lesser risk than that created by asbestos.
3
Where it is not practicable to avoid the use of asbestos by substitution in accordance with paragraph (2), the measures referred to in paragraph (1)(b)(i) shall include, in order of priority —
a
the design and use of appropriate work processes, systems and engineering controls and the provision and use of suitable work equipment and materials in order to avoid or minimise the release of asbestos; and
b
the control of exposure at source, including adequate ventilation systems and appropriate organisational measures.
4
Where, in pursuance of paragraph (1), it is not reasonably practicable to reduce the exposure of an employee to below the control limits which apply to that exposure, then, in addition to taking the measures required by that paragraph, the employer shall provide that employee with suitable respiratory protective equipment which will reduce the concentration of asbestos in the air inhaled by the employee (after taking into account the effect of that respiratory protective equipment) to a concentration which is as low as is reasonably practicable and in any event below those control limits.
5
Personal protective equipment provided by an employer in accordance with this regulation or regulation 13(1) shall be suitable for the purpose and shall —
a
comply with any provision in the Personal Protective Equipment Regulations 2002 which is applicable to that item of personal protective equipment; or
b
in the case of respiratory protective equipment, where no provision referred to in sub-paragraph (a) applies, be of a type approved or shall conform to a standard approved, in either case, by the Executive.
6
Every employer shall take immediate steps to remedy the situation where the concentration of asbestos in air inhaled by any employee exceeds the relevant control limit.
7
Where asbestos is used in a work process, or is produced by a work process, the employer shall ensure that the quantity of asbestos and materials containing asbestos at the premises where that work is carried out is reduced to as low a level as is reasonably practicable.
Use of control measures etc.
11
1
Every employer who provides any control measure, other thing or facility pursuant to these Regulations shall ensure so far as is reasonably practicable that it is properly used or applied as the case may be.
2
Every employee shall make full and proper use of any control measure, other thing or facility provided pursuant to these Regulations and, where relevant, shall —
a
take all reasonable steps to ensure it is returned after use to any accommodation provided for it; and
b
if he discovers a defect therein report it forthwith to his employer.
Maintenance of control measures etc.
12
1
Every employer who provides any control measure to meet the requirements of these Regulations shall ensure that, where relevant, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition.
2
Where exhaust ventilation equipment or respiratory protective equipment (except disposable respiratory protective equipment) is provided to meet the requirements of these Regulations, the employer shall ensure that thorough examinations and tests of that equipment are carried out at suitable intervals by a competent person.
3
Every employer shall keep a suitable record of the examinations and tests carried out in accordance with paragraph (2) and of repairs carried out as a result of those examinations and tests, and that record or a suitable summary thereof shall be kept available for at least five years from the date on which it was made.
Provision and cleaning of protective clothing
13
1
Every employer shall provide adequate and suitable protective clothing for such of his employees as are exposed or are liable to be exposed to asbestos, unless no significant quantity of asbestos is liable to be deposited on the clothes of the employee while he is at work.
2
The employer shall ensure that protective clothing provided in pursuance of paragraph (1) is either disposed of as asbestos waste or adequately cleaned at suitable intervals.
3
The cleaning required by paragraph (2) shall be carried out either on the premises where the exposure to asbestos has occurred, where those premises are suitably equipped for such cleaning, or in a suitably equipped laundry.
4
The employer shall ensure that protective clothing which has been used and is to be removed from the premises referred to in paragraph (3) (whether for cleaning, further use or disposal) is packed, before being removed, in a suitable container which shall be labelled in accordance with the provisions of Schedule 2 as if it were a product containing asbestos or, in the case of protective clothing intended for disposal as waste, in accordance with regulation 23(3).
5
Where, as a result of the failure or improper use of the protective clothing provided in pursuance of paragraph (1), a significant quantity of asbestos is deposited on the personal clothing of an employee, then for the purposes of paragraphs (2), (3) and (4) that personal clothing shall be treated as if it were protective clothing.
Arrangements to deal with accidents, incidents and emergencies
14
1
Subject to paragraph (3) and without prejudice to the relevant provisions of the Management of Health and Safety at Work Regulations 1999 , in order to protect the health of his employees from an accident, incident or emergency related to the use of asbestos in a work process or to the removal or repair of asbestos-containing materials at the workplace, the employer shall ensure that —
a
procedures, including the provision of relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;
b
information on emergency arrangements, including —
i
details of relevant work hazards and hazard identification arrangements, and
ii
specific hazards likely to arise at the time of an accident, incident or emergency,
is available; and
c
suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs.
2
The employer shall ensure that information on the procedure and systems required by paragraph (1)(a) and (c) and the information required by paragraph (1)(b) is —
a
made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
b
displayed at the workplace, if this is appropriate.
3
Paragraph (1) shall not apply where —
a
the results of the risk assessment show that, because of the quantity of asbestos present at the workplace, there is only a slight risk to the health of employees; and
b
the measures taken by the employer to comply with the duty under regulation 10(1) are sufficient to control that risk.
4
In the event of an accident, incident or emergency related to the unplanned release of asbestos at the workplace, the employer shall ensure that —
a
immediate steps are taken to —
i
mitigate the effects of the event,
ii
restore the situation to normal, and
iii
inform any person who may be affected; and
b
only those persons who are responsible for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with —
i
appropriate respiratory protective equipment and protective clothing, and
ii
any necessary specialised safety equipment and plant,
which shall be used until the situation is restored to normal.
Duty to prevent or reduce the spread of asbestos
15
Every employer shall prevent or, where this is not reasonably practicable, reduce to the lowest level reasonably practicable, the spread of asbestos from any place where work under his control is carried out.
Cleanliness of premises and plant
16
1
Every employer who undertakes work which exposes or is liable to expose his employees to asbestos shall ensure that —
a
the premises, or those parts of premises where that work is carried out, and the plant used in connection with that work are kept in a clean state; and
b
where such work has been completed, the premises, or those parts of the premises where the work was carried out, are thoroughly cleaned.
2
Subject to paragraph (3), where a manufacturing process which gives rise to asbestos dust is carried out in a building, the employer shall ensure that any part of the building in which the process is carried out is —
a
so designed and constructed as to facilitate cleaning; and
b
is equipped with an adequate and suitable vacuum cleaning system which shall, where reasonably practicable, be a fixed system.
3
Paragraph (2)(a) shall not apply to a building in which, prior to 1 March 1988, there was carried out a process to which either —
a
as then in force, regulation 13 of the Asbestos Regulations 1969 applied and the process was carried out in compliance with that regulation; or
b
that regulation did not apply.
Designated areas
17
1
Every employer shall ensure that any area in which work under his control is carried out is designated as —
a
an asbestos area, where the exposure to asbestos of an employee who worked in that area for the whole of his working time would exceed or would be liable to exceed the action level; and
b
a respirator zone, where the concentration of asbestos in that area would exceed or would be liable to exceed a relevant control limit.
2
Asbestos areas and respirator zones shall be clearly and separately demarcated and identified by notices indicating —
a
that the area is an asbestos area or a respirator zone or both, as the case may be; and
b
in the case of a respirator zone, that the exposure of an employee who enters it is liable to exceed a relevant control limit and, if it does, that respiratory protective equipment must be worn.
3
The employer shall not permit any employee, other than an employee who by reason of his work is required to be in an area designated in accordance with paragraph (1), to enter or remain in any such area and only employees who are so permitted shall enter or remain in any such area.
4
Every employer shall ensure that —
a
his employees do not eat, drink or smoke in an area designated as an asbestos area or a respirator zone; and
b
arrangements are made for such employees to eat or drink in some other place.
Air monitoring
18
1
Subject to paragraph (2), every employer shall monitor the exposure of his employees to asbestos by measurement of asbestos fibres present in the air —
a
at regular intervals; and
b
when a change occurs which may affect that exposure.
2
Paragraph (1) shall not apply where —
a
the exposure of an employee is not liable to exceed the action level; or
b
the employer is able to demonstrate by another method of evaluation that the requirements of regulation 10(1) have been complied with.
3
The employer shall keep a suitable record of —
a
monitoring carried out in accordance with paragraph (1); or
b
where he decides that monitoring is not required because paragraph (2)(b) applies, the reason for that decision.
4
The record required by paragraph (3), or a suitable summary thereof, shall be kept —
a
in a case where exposure is such that a health record is required to be kept under regulation 21, for at least 40 years; or
b
in any other case, for at least 5 years,
from the date of the last entry made in it.
5
In relation to the record required by paragraph (3), the employer shall —
a
on reasonable notice being given, allow an employee access to his personal monitoring record;
b
provide the Executive with copies of such monitoring records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all monitoring records kept by him.
Standards for air testing
19
1
Every employer who carries out any measurement of the concentration of asbestos fibres present in the air shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.
2
Every employer who requests a person to carry out any measurement of the concentration of asbestos fibres present in the air shall ensure that that person is accredited by an appropriate body as complying with ISO 17025.
Standards for analysis
20
1
Every employer who analyses a sample of any material to determine whether it contains asbestos shall ensure that he meets criteria equivalent to those set out in the paragraphs of ISO 17025 which cover organisation, quality systems, control of records, personnel, accommodation and environmental conditions, test and calibration methods, method validation, equipment, handling of test and calibration items, and reporting results.
2
Every employer who requests a person to analyse a sample of any material to determine whether it contains asbestos shall ensure that that person is accredited by an appropriate body as complying with ISO 17025.
Health records and medical surveillance
21
1
Every employer shall ensure that —
a
a health record, containing particulars approved by the Executive, relating to each of his employees who is exposed to asbestos is maintained unless the exposure of that employee does not exceed the action level; and
b
that record or a copy thereof is kept available in a suitable form for at least 40 years from the date of the last entry made in it.
2
Every employer shall ensure that each of his employees who is exposed to asbestos is under adequate medical surveillance by a relevant doctor unless the exposure of that employee does not exceed the action level.
3
The medical surveillance required by paragraph (2) shall include —
a
a medical examination not more than 2 years before the beginning of such exposure; and
b
periodic medical examinations at intervals of not more than 2 years or such shorter time as the relevant doctor may require while such exposure continues,
and each such medical examination shall include a specific examination of the chest.
4
Where an employee has been examined in accordance with paragraph (3), the relevant doctor shall issue a certificate to the employer and employee stating —
a
that the employee has been so examined; and
b
the date of the examination,
and the employer shall keep that certificate or a copy thereof for at least 40 years from the date on which it was issued.
5
An employee to whom this regulation applies shall, when required by his employer and at the cost of the employer, present himself during his working hours for such examination and tests as may be required for the purposes of paragraph (3) and shall furnish the relevant doctor with such information concerning his health as the relevant doctor may reasonably require.
6
Where, for the purpose of carrying out his functions under these Regulations, a relevant doctor requires to inspect any record kept for the purposes of these Regulations, the employer shall permit him to do so.
7
Where medical surveillance is carried out on the premises of the employer, the employer shall ensure that suitable facililities are made available for the purpose.
8
The employer shall —
a
on reasonable notice being given, allow an employee access to his personal health record;
b
provide the Executive with copies of such personal health records as the Executive may require; and
c
if he ceases to trade, notify the Executive forthwith in writing and make available to the Executive all personal health records kept by him.
9
Where, as a result of medical surveillance, an employee is found to have an identifiable disease or adverse health effect which is considered by a relevant doctor to be the result of exposure to asbestos at work the employer of that employee shall —
a
ensure that a suitable person informs the employee accordingly and provides the employee with information and advice regarding further medical surveillance;
b
review the risk assessment;
c
review any measure taken to comply with regulation 10, taking into account any advice given by a relevant doctor or by the Executive;
d
consider assigning the employee to alternative work where there is no risk of further exposure to asbestos, taking into account any advice given by a relevant doctor; and
e
provide for a review of the health of every other employee who has been similarly exposed, including a medical examination (which shall include a specific examination of the chest) where such an examination is recommended by a relevant doctor or by the Executive.
Washing and changing facilities
22
1
Every employer shall ensure that, for any of his employees who is exposed or liable to be exposed to asbestos, there are provided —
a
adequate washing and changing facilities;
b
where he is required to provide protective clothing, adequate facilities for the storage of —
i
that protective clothing, and
ii
personal clothing not worn during working hours; and
c
where he is required to provide respiratory protective equipment, adequate facilities for the storage of that equipment.
2
The facilities provided under paragraph (1) for the storage of —
a
personal protective clothing;
b
personal clothing not worn during working hours; and
c
respiratory protective equipment,
shall be separate from each other.
Storage, distribution and labelling of raw asbestos and asbestos waste
23
1
Every employer who undertakes work with asbestos shall ensure that raw asbestos or waste which contains asbestos is not —
a
stored;
b
received into or despatched from any place of work; or
c
distributed within any place of work, except in a totally enclosed distribution system,
unless it is in a sealed container clearly marked in accordance with paragraphs (2) and (3) showing that it contains asbestos.
2
Raw asbestos shall be labelled in accordance with the provision of Schedule 2.
3
Waste containing asbestos shall be labelled —
a
where the Carriage of Dangerous Goods (Classification, Packaging and Labelling) and Use of Transportable Pressure Receptacles Regulations 1996 apply, in accordance with those Regulations;
b
where the waste is conveyed by road in a road tanker or tank container in circumstances where the Carriage of Dangerous Goods by Road Regulations 1996 apply, in accordance with those Regulations; and
c
in any other case, in accordance with the provisions of Schedule 2.
Supply of products containing asbestos for use at work
24
1
Subject to paragraph (2), a person shall not supply a product which contains asbestos, being an article or substance for use at work, unless that product is labelled in accordance with the provisions of Schedule 2.
2
Where a component of a product contains asbestos, it shall be sufficient compliance with this regulation if that component is labelled in accordance with the provisions of Schedule 2 except that where the size of that component makes it impossible for a label to be fixed to it neither that component nor the product need be labelled.
Exemption certificates
25
1
Subject to paragraph (2), the Executive may, by a certificate in writing, exempt any person or class of persons from all or any of the requirements or prohibitions imposed by regulations 4, 5, 11, 12, 20 and 21(5) to (7) of these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked by a further certificate in writing at any time.
2
The Executive shall not grant any such exemption unless having regard to the circumstances of the case and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any other requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it.
Extension outside Great Britain
26
These Regulations shall apply to any work outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 2001 as they apply to work in Great Britain.
Revocations, amendments and savings
27
1
The following Regulations are revoked —
a
the Control of Asbestos at Work Regulations 1987 ;
b
the Control of Asbestos at Work (Amendment) Regulations 1992 ; and
c
the Control of Asbestos at Work (Amendment) Regulations 1998 .
2
After paragraph 4 of Schedule 2 to the Health and Safety (Enforcing Authority) Regulations 1998 , insert the following paragraph —
4A
The reference in paragraph 4(a)(iii) to a physically segregated area does not include an area segregated only in order to prevent the escape of asbestos; and in this paragraph “asbestos” has the meaning assigned to it by regulation 2(1) of the Control of Asbestos at Work Regulations 2002 .
.
3
Any record or register required to be kept under any Regulations revoked by paragraph (1) shall, notwithstanding that revocation, be kept in the same manner and for the same period as specified in those Regulations as if these Regulations had not been made, except that the Executive may approve the keeping of records at a place or in a form other than at the place where, or in the form in which, records were required to be kept under the Regulations so revoked.
Defence
28
Subject to regulation 21 of the Management of Health and Safety at Work Regulations 1999 , in any proceedings for an offence consisting of a contravention of these Regulations it shall be a defence for any person to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of that offence.
Signed by authority of the Secretary of State.
N Brown
Minister of State,
Department for Work and Pensions
24th October 2002


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments) (Taxes) Order 2002 and shall come into force on 2nd July 2002.
Amendment of the Income and Corporation Taxes Act 1988
2
1
Amend the Income and Corporation Taxes Act in accordance with paragraphs (2) and (3).
2
In section 840A(1)(b) (meaning of “bank”) for sub-paragraph (ii) substitute —
ii
a society registered within the meaning of the Friendly Societies Act 1974 or incorporated under the Friendly Societies Act 1992 ,
.
3
In paragraph 1(5)(a) and (b) of Schedule 19AB (pension business: payments on account of tax credits and deducted tax) for “long term” substitute “long-term”.
Amendment of the Finance Act 1989
3
In section 83A(2) of the Finance Act 1989 (meaning of “brought into account”) —
a
after “In paragraph (a)” insert “above”;
b
at the end add “Paragraph (b) above does not include accounts required in respect of internal linked funds.”.
Amendment of the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995
4
1
Amend regulation 10 of the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 (exclusion of policy and contract from section 442A) in accordance with paragraphs (2) and (3).
2
Make the present provision paragraph (1) and for sub-paragraph (a) of that paragraph substitute —
a
any policy which evidences a contract of long-term insurance which is neither —
i
a qualifying contract of insurance, nor
ii
a reinsurance contract; and
.
3
After paragraph (1) add —
2
In paragraph (1)(a) above, “contract of long-term insurance” means any contract which falls within Part 2 of Schedule 1 to the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 and “qualifying contract of insurance” has the meaning given by article 3(1) of that Order.
.
Amendment of the Insurance Companies (Reserves) (Tax) Regulations 1996
5
In regulations 7(3) and 8(2) of the Insurance Companies (Reserves) (Tax) Regulations 1996 ( EC companies and certain business carried on outside the United Kingdom) for “regulations” substitute “rules”.
Amendment of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997
6
In regulation 53A of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 (modification of paragraph 18 of Schedule 12 to the Finance Act 1997) renumber the second paragraph (3) as paragraph (4).
Amendment of the Individual Savings Account Regulations 1998
7
In regulation 7(4)(a) of the Individual Savings Account Regulations 1998 (qualifying investments for a stocks and shares component) for “;” at the end of paragraph (iv) substitute “, or”.
Nick Ainger
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd May 2002


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (Amendment) (England) Regulations 2002 and shall come into force on 18th April 2002.
2
These Regulations shall apply to England only.
Amendments to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985
2
1
The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 shall be amended in accordance with the remaining paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “embryo transfer unit”, there shall be inserted the following definition —
“emergency licence” means an emergency licence issued under the Artificial Insemination of Cattle (Emergency Licences) (England) Regulations 2001 or the Artificial Insemination of Cattle (Emergency Licences) (Wales) Regulations 2001 ;
;
b
after the definition of “semen shop licence”, there shall be inserted the following definition —
“special acceptance licence” means a licence issued under regulation 7(1)(j);
; and
c
after the definition of “special movement licence”, there shall be inserted the following definition —
“special transfer licence” means a licence issued under regulation 7(1)(i);
.
3
In regulation 4 (application of regulations), for paragraph (3A), there shall be substituted the following paragraph —
3A
These regulations shall not apply to anything done in accordance with the conditions of an emergency licence.
.
4
In regulation 7 (licences) —
a
in paragraph (1) —
i
at the end of sub-paragraph (g), for the full stop, a semi-colon shall be substituted;
ii
at the end of sub-paragraph (h), for the full stop, a semi-colon shall be substituted; and
iii
after sub-paragraph (h), there shall be added the following sub-paragraphs —
i
a special transfer licence; and
j
a special acceptance licence.
.
b
after paragraph (9A), there shall be added the following paragraphs —
9B
A special transfer licence shall authorise the licensee to move or cause or permit to be moved semen collected and processed in accordance with an emergency licence from a farm storage unit specified in the special transfer licence to a supply centre so specified.
9C
A special acceptance licence shall authorise the licensee to accept semen —
a
at a supply centre specified in that licence; and
b
in accordance with the provisions of regulation 21(d).
.
5
In regulation 21 (acceptance of semen for supply) —
a
at the end of paragraph (a), the word “or” shall be deleted;
b
at the end of paragraph (b), the word “or” shall be deleted;
c
at the end of paragraph (c) —
i
for the full stop, a semi-colon shall be substituted, and
ii
there shall be added the word “or”; and
d
after paragraph (c), there shall be added the following paragraph —
d
the semen —
i
was collected and processed in accordance with the conditions of an emergency licence from a bull that has been approved in accordance with regulation 5 (whether the bull was approved at the time of collection or subsequently),
ii
has subsequently been stored in accordance with the conditions of an emergency licence or a farm storage licence,
iii
has been moved in accordance with the conditions of a special transfer licence, and
iv
is accepted in accordance with the conditions of a special acceptance licence.
.
6
In regulation 24 (general prohibition on use of semen) —
a
for paragraph (a), there shall be substituted the following paragraph —
a
that semen —
i
has been obtained from a supply centre or a semen shop from which the semen was moved in accordance with the provisions of these Regulations or in accordance with the conditions of an emergency licence,
ii
has been obtained from a processing centre from which the semen was moved in accordance with the provisions of these Regulations or in accordance with the conditions of either a special movement licence or an emergency licence, or
iii
was collected and processed in accordance with the conditions of an emergency licence, and
;
b
in paragraph (b)(iv), after the words “Agricultural Training Board”, there shall be inserted the words “or the Secretary of State”.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
26th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (National Health Service Employees) Regulations 2002 and shall come into force on 8th December 2002.
2
In these Regulations —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1978 Act ” means the National Health Service (Scotland) Act 1978 ;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“the 2002 Act ” means the National Health Service Reform and Health Care Professions Act 2002 ;
“Health Authority” means, in relation to Wales, a Health Authority established under section 8 of the 1977 Act and in relation to Scotland means a Health Board established under section 2 of the 1978 Act;
“Primary Care Trust” means a Primary Care Trust established under section 16A of the 1977 Act;
“statutory adoption pay period” means the period prescribed under section 171ZN(2) of the Act as the period in respect of which statutory adoption pay is payable to a person;
“statutory paternity pay period” means the period determined in accordance with section 171ZE(2) of the Act as the period in respect of which statutory paternity pay is payable to a person;
“Strategic Health Authority” means a Strategic Health Authority established under section 8 of the 1977 Act.
Treatment of more than one contract of employment as one contract
2
Where, in consequence of the establishment of one or more National Health Service Trusts under section 5 of the 1990 Act or section 12A of the 1978 Act, a person’s contract of employment is treated by a scheme under section 6 of the 1990 Act or section 12B of the 1978 Act as divided so as to constitute two or more contracts, or where an order under paragraph 23(1) of Schedule 5A to the 1977 Act provides that a person’s contract is so divided, he may elect for all those contracts to be treated as one contract for the purposes of Parts 12ZA and 12ZB of the Act.
Notification of election
3
A person who makes an election under regulation 2 above shall give written notification of that election to each of his employers under the two or more contracts of employment mentioned in that regulation at least 28 days before the beginning of the statutory paternity pay period or adoption pay period or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable.
Provision of information
4
A person who makes an election under regulation 2 above shall, within 28 days of giving notification of that election or, if in the particular circumstances that is not practicable, as soon as is reasonably practicable thereafter, provide each of his employers under the two or more contracts of employment mentioned in that regulation with the following information —
a
the name and address of each of those employers;
b
the date his employment with each of those employers commenced, and
c
details of his normal weekly earnings during the relevant period from each employer, and for this purpose the expressions “normal weekly earnings” and “relevant period” have the same meanings as they have for the purposes of Parts 12ZA and 12ZB of the Act .
Treatment of two or more employers as one
5
The employer to be regarded for the purposes of statutory paternity pay or statutory adoption pay as the employer under the one contract where two or more contracts are treated as one in accordance with regulation 2 above shall be —
a
in the case of a person whose contract of employment is treated by a scheme under section 6 of the 1990 Act or section 12B of the 1978 Act as divided —
i
the Health Authority or Primary Care Trust from which the person was transferred in a case where any one of the contracts of employment is with that Health Authority or Primary Care Trust; or
ii
the first NHS trust to which a contract of employment was transferred in a case where none of the contracts of employment is with the Health Authority or Primary Care Trust; or
b
in the case of a person whose contract of employment is divided as provided by an order under paragraph 23(1) of Schedule 5A to the 1977 Act —
i
the Strategic Health Authority, NHS trust or Primary Care Trust from which the person was transferred, in a case where any one of the contracts of employment is with that body; or
ii
the first Primary Care Trust to which a contract of employment was transferred in a case where none of the contracts of employment is with the body from which he was transferred.
Time for which an election is to have effect
6
An election made under regulation 2 shall lapse at the end of the statutory paternity pay period or, as the case may be, the adoption pay period.
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
11th November 2002
The Commissioners of Inland Revenue hereby concur.
Nick Montagu,
Ann Chant,
Two of the Commissioners of Inland Revenue
13th November 2002


text:
1
This Order may be cited as the Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Order 2002 and shall come into force on 1st February 2002.
2
The Firearms Consultative Committee shall continue to exist for a period of two years beginning on 1st February 2002.
3
The Firearms (Amendment) Act 1988 (Firearms Consultative Committee) Orders 1996 and 2000 are hereby revoked.
John Denham
Minister of State
Home Office
26th January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Mersey Community National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the North Mersey Community National Health Service Trust ;
“the new Trusts” means the Central Liverpool Primary Care Trust and the Mersey Care National Health Service Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Central Liverpool Primary Care Trust and signed on behalf of both the old Trust and the Central Liverpool Primary Care Trust on 26th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Central Liverpool Primary Care Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Mersey Care National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the Mersey Care National Health Service Trust on 25th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Mersey Care National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Lancashire Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the East Lancashire Health Authority ;
“the new Trust” means the Hyndburn and Ribble Valley Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 5th February 2002;
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002