text:
Title, commencement and extent
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2002, shall come into force on 30th November 2002 and shall extend to England only.
Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998
2
The Plastic Materials and Articles in Contact with Food Regulations 1998 (“the principal Regulations”) shall be amended, in so far as they extend to England, in accordance with regulations 3 to 18.
3
Immediately after regulation 1 (title, commencement and extent) there shall be inserted the following regulation —
Scope of these Regulations
1A
Notwithstanding the title to these Regulations —
a
regulations 3 and 9 to 12 apply also in relation to adhesives and to materials or articles covered by surface coatings; and
b
regulations 8A and 8B apply only in relation to adhesives and to materials or articles covered by surface coatings.
.
4
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
immediately after the definition of “additive” there shall be inserted the following definitions —
“adhesive” means anything which, for the purposes of Commission Directive 2002/16, is included among the adhesives to which that Directive applies;
“ BADGE ” means 2,2-bis(4-hydroxyphenyl) propane bis(2,3-epoxypropyl) ether;
“ BFDGE ” means bis(hydroxyphenyl) methane bis(2,3-epoxypropyl) ethers;
,
ii
for the definition of “capable” there shall be substituted the following definition —
“capable” means capable as established —
in relation to any plastic material or article, under regulation 6; and
in relation to any adhesive or material or article covered by a surface coating, under regulation 8B;
,
iii
immediately after the definition of “capable” there shall be inserted the following definitions —
“Commission Directive 2001/62” means Commission Directive 2001/62/EC amending Directive 90/128/ EEC relating to plastic materials and articles intended to come into contact with foodstuffs ;
“Commission Directive 2002/16” means Commission Directive 2002/16/EC on the use of certain epoxy derivatives in materials and articles intended to come into contact with foodstuffs ;
iv
for the definition of “the Directive” there shall be substituted the following definition —
“the Directive” means Commission Directive 2002/72/EC relating to plastic materials and articles intended to come into contact with foodstuffs ;
,
v
immediately after the definition of “import” there shall be inserted the following definition —
“material or article covered by a surface coating” means anything which, for the purposes of Commission Directive 2002/16, is included among the materials and articles covered by surface coatings to which that Directive applies;
,
vi
immediately after the definition of “monomer” there shall be inserted the following definition —
“ NOGE ” means novolac glycidyl ethers not covered by Article 1(a) or (b) of Commission Directive 2002/16;
,
vii
at the end of the definition of “plastic material or article” there shall be added the following words “, except that, in the provisions referred to in paragraph (5) below, to the extent that they implement or relate to the enforcement of Commission Directive 2002/16, it means a material or article made of any type of plastic”, and
viii
after the definition of “sell” there shall be added the following definition —
“QMA” has the same meaning as it bears in the first sentence of the sub-paragraph relating to that term in paragraph 8 of Annex II to the Directive;
;
b
for paragraph (2) there shall be substituted the following provision —
2
For the purposes of these Regulations, the supply in the course of a business, otherwise than on sale, of any plastic material or article, adhesive or material or article covered by a surface coating, shall be deemed to be a sale of the plastic material or article, adhesive or material or article covered by a surface coating concerned.
; and
c
immediately after paragraph (4) there shall be inserted the following paragraph —
5
The provisions referred to in the definition of “plastic material or article” in paragraph (1) of this regulation are regulations 3, 4, 4A, 5, 6, 10, 11 and 12 and Schedules 3 and 4.
.
5
In regulation 3 (restriction on the use, sale or importation of plastic materials and articles) —
a
for the heading there shall be substituted the following heading —
Restriction on the use, sale or importation of plastic materials and articles, adhesives and materials and articles covered by surface coatings
;
b
in paragraphs (1) and (2), immediately after each reference to “plastic material or article” there shall be inserted a reference to “, adhesive or material or article covered by a surface coating”;
c
at the end of paragraph (4)(a)(iii) the word “or” shall be deleted;
d
for paragraph (4)(a)(iv) there shall be substituted the following provision —
iv
it does not comply with regulation 4(5), (5A) or (5B), 4A(4), (5) or (6), 5(4), (4A), (4B) or (4C), 7 or 7A(1), or
;
e
immediately after paragraph (4)(a)(iv) there shall be inserted the following provision —
v
it has been manufactured in contravention of a prohibition contained in regulation 4A(1), (2) or (3),
; and
f
there shall be added at the end the following paragraph —
5
For the purposes of this regulation, an adhesive or a material or article covered by a surface coating fails to meet the requisite standards if —
i
it has been manufactured in contravention of a prohibition contained in regulation 8A(1), (2) or (3), or
ii
it does not comply with regulation 8A(4), (5) or (6).
.
6
In regulation 4 (restriction on manufacture with monomers) —
a
for the heading and paragraph (1) there shall be substituted the following provisions —
Restriction on the use of monomers in the manufacture of plastic materials and articles
1
Subject to the following paragraphs of this regulation, no person shall use in the manufacture of any plastic material or article any prohibited monomer, that is to say —
a
any monomer (not being one to which sub-paragraph (b) or (c) below relates) which is not —
i
of good technical quality;
ii
identified by PM/REF No. , CAS No. (if any) and name in columns 1, 2 and 3 respectively of the relevant section of Part I of Schedule 1, and
iii
used in accordance with the restrictions and specifications (if any) for that monomer set out or referred to in the corresponding entry in column 4 of that section;
b
BFDGE to the extent that they are used in such manufacture —
i
on or after 1st January 2005, or
ii
prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex; or
c
NOGE to the extent that it is used in such manufacture —
i
on or after 1st January 2005, or
ii
prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.
;
b
in paragraph (2) —
i
for sub-paragraphs (b) and (c) there shall be substituted the following provisions —
b
in the case of a plastic material or article manufactured on or after 30th November 2002 and before 1st January 2005, Section A or B; and
c
in the case of a plastic material or article manufactured on or after 1st January 2005, Section A.
;
c
for paragraph (3) there shall be substituted the following paragraph —
3
Paragraph (1)(a) of this regulation does not apply to the use of a monomer in the manufacture of any —
a
surface coatings obtained from resinous or polymerised products in liquid, powder or dispersion form, including, but not limited to, varnishes, lacquers and paints;
b
epoxy resins;
c
adhesives and adhesion promoters; or
d
printing inks.
;
d
in paragraph (4), for the expression “Paragraph (1)” there shall be substituted the expression “Paragraph (1)(a)”;
e
immediately after paragraph (5) there shall be inserted the following provisions —
5A
No plastic material or article manufactured using BFDGE as a monomer shall be capable of transferring constituents of that monomer to food with which that plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
5B
On or after 1st March 2003, no plastic material or article manufactured using NOGE as a monomer shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.
; and
f
in paragraph (7) —
i
for the expression “paragraph (1)” there shall be substituted the expression “paragraph (1)(a)”, and
ii
after the words “Part I of Schedule 1” there shall be inserted the words “or to which sub-paragraph (b) or (c) of that paragraph relates”.
7
Immediately after regulation 4 there shall be inserted the following regulation —
Restriction on the manufacture of plastic materials and articles using certain substances other than as monomers or additives
4A
1
No person shall use BADGE in the manufacture of any plastic material or article, where the use is not as a monomer or an additive —
a
on or after 1st January 2005; or
b
prior to that date in contravention of the restriction specified in paragraph 1 of Annex 1 to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
2
No person shall use BFDGE in the manufacture of any plastic material or article, where the use is not as a monomer or an additive —
a
on or after 1st January 2005; or
b
prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
3
No person shall use NOGE in the manufacture of any plastic material or article, where the use is not as a monomer or additive —
a
on or after 1st January 2005; or
b
prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.
4
No plastic material or article manufactured using BADGE other than as a monomer or an additive shall be capable of transferring constituents of BADGE to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
5
No plastic material or article manufactured using BFDGE other than as a monomer or an additive shall be capable of transferring constituents of BFDGE to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
6
On or after 1st March 2003, no plastic material or article manufactured using NOGE other than as a monomer or an additive shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.
.
8
In regulation 5 (restriction on manufacture with additives) —
a
for the heading and paragraph (1) there shall be substituted the following provisions —
Restriction on the use of additives in the manufacture of plastic materials and articles
1
Subject to the following paragraphs of this regulation, no person shall use in the manufacture of any plastic material or article any prohibited additive, that is to say —
a
any additive identified by PM/REF No. , CAS No. (if any) and name in columns 1, 2 and 3 respectively of Part I of Schedule 2 or columns 1, 2 and 3 respectively of Part II of that Schedule, which —
i
is not of good technical quality, or
ii
is not used in accordance with the restrictions and specifications (if any) for that additive set out in the corresponding entry in column 4 of Part I or Part II, as appropriate;
b
BADGE to the extent that it is used in such manufacture —
i
on or after 1st January 2005, or
ii
prior to that date in contravention of the restriction specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex;
c
BFDGE to the extent that they are used in such manufacture —
i
on or after 1st January 2005, or
ii
prior to that date in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex; or
d
NOGE to the extent that it is used in such manufacture —
i
on or after 1st January 2005, or
ii
prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.
;
b
in paragraph (2), immediately after the expression “Part I” there shall be inserted the expression “or Part II”;
c
for paragraph (3), there shall be substituted the following paragraph —
3
Part III of Schedule 2 shall have effect to supplement this regulation and Parts I and II of that Schedule.
;
d
in paragraph (4) —
i
for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or II of Schedule 2”, and
ii
in each of sub-paragraphs (a) and (b), for the word “therein” there shall be substituted the expression “that column”;
e
between paragraphs 4 and 5 there shall be inserted the following paragraphs —
4A
No plastic material or article manufactured using BADGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex I to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
4B
No plastic material or article manufactured using BFDGE as an additive shall be capable of transferring constituents of that additive to food with which the plastic material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
4C
On or after 1st March 2003, no plastic material or article manufactured using NOGE as an additive shall fail to comply with the requirements of the first sentence of Article 4 of Commission Directive 2002/16.
; and
f
in paragraph (5), for the expression “Part I of Schedule 2” there shall be substituted the expression “Part I or Part II of Schedule 2”.
9
In regulation 6 (method of testing capability of transferring constituents) —
a
for the heading, the introductory words and paragraph (1)(a) there shall be substituted the following provisions —
Method of testing the capability of plastic materials or articles to transfer constituents and methods of analysis
1
For the purposes of these Regulations, a plastic material or article shall be treated as being capable of transferring constituents other than NOGE to food with which it may come into contact to the extent that such capability is established —
a
in any case other than one to which sub-paragraph (b) below relates, and subject to Article 8.4 of the Directive (which may be applied on compliance with the conditions stated therein), by the verification methods specified in Schedules 3 and 4;
; and
b
after paragraph (3) there shall be added the following provisions —
4
The specific migration of a constituent from a plastic material or article shall, where applicable, be determined in the manner specified in the relevant sub-paragraph of paragraph 8 of Annex II to the Directive.
5
The specific migration from a plastic material or article of the substances listed in paragraph 1 of Annex I to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.
6
The specific migration from a plastic material or article of the substances listed in paragraph 1 of Annex II to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.
7
Whether or not the detection requirement specified in Article 4 of Commission Directive 2002/16 is complied with in relation to a plastic material or article shall be determined in the manner specified in the second sentence of that Article.
8
The quantity of a constituent in a plastic material or article shall, where applicable, be determined in the manner specified in the sub-paragraph of paragraph 8 of Annex II to the Directive relating to the term “QM(T)” or, as the case may be, the sub-paragraph of that paragraph relating to the term “QMA”.
.
10
For regulation 7A (specifications) there shall be substituted the following regulation —
Specifications
7A
1
Subject to paragraph (3), no plastic material or article manufactured using isocyanates or colourants prepared by diazo-coupling shall be capable of transferring in a detectable quantity primary aromatic amines (expressed as aniline), not being primary aromatic amines listed in these Regulations, to food with which that plastic material or article may come into contact.
2
Schedule 2B shall have effect for the purpose of prescribing, for certain items listed in Part I of Schedule 1, Part I or II of Schedule 2 or Schedule 2A, the specifications for those items which are referred to in column 4 of the Part or, as the case may be, Schedule concerned.
3
For the purposes of paragraph (1), “detectable quantity” means a quantity of at least DL0.02 milligrams per kilogram of food or food simulant (analytical tolerance included).
.
11
Immediately after regulation 8 (labelling) there shall be inserted the following regulations —
Restriction on manufacture with certain substances of adhesives and materials and articles covered by surface coatings
8A
1
No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use BADGE in the manufacture of any —
a
adhesive; or
b
material or article covered by a surface coating,
on or after 1st January 2005 or, prior to that date, in contravention of the restriction specified in paragraph 1 of Annex 1 to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
2
No person shall (in any case not covered by Article 1.2 of Commission Directive 2002/16) use BFDGE in the manufacture of any —
a
adhesive; or
b
material or article covered by a surface coating,
on or after 1st January 2005 or, prior to that date, in contravention of the restriction specified in paragraph 1 of Annex II to Commission Directive 2002/16, as read with the second sentence of paragraph 2 of that Annex.
3
No person shall (in any case not covered by Article 1(2) of Commission Directive 2002/16) use NOGE in the manufacture of any —
a
adhesive; or
b
material or article covered by a surface coating,
on or after 1st January 2005 or, prior to that date but on or after 1st March 2003, in contravention of the restriction specified in the first sentence of Article 4 of Commission Directive 2002/16.
4
No adhesive or material or article covered by a surface coating, manufactured using BADGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BADGE to food with which the adhesive or, as the case may be, material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex 1 to that Directive, as read with the second sentence of paragraph 2 of that Annex.
5
No adhesive or material or article covered by a surface coating, manufactured using BFDGE and not covered by Article 1(2) of Commission Directive 2002/16, shall be capable of transferring constituents of BFDGE to food with which the adhesive or, as the case may be, material or article may come into contact, in quantities exceeding the appropriate limit specified in paragraph 1 of Annex II to that Directive, as read with the second sentence of paragraph 2 of that Annex.
6
On or after 1st March 2003, no adhesive or material or article covered by a surface coating, manufactured using NOGE and not covered by Article 1(2) of Commission Directive 2002/16, shall fail to comply with the requirements of the first sentence of Article 4 of that Directive.
Method of testing the capability of adhesives and materials or articles covered by surface coatings to transfer constituents and methods of analysis
8B
1
Subject to paragraphs (2) and (3) of this regulation, for the purposes of regulation 8A(1), (2), (4) and (5), an adhesive or material or article covered by a surface coating shall be treated as being capable of transferring BADGE or, as the case may be, BFDGE to food with which the adhesive or material or article may come into contact to the extent that such capability is established by the verification methods specified in Section A of Schedule 3 and in Schedule 4.
2
Subject to paragraph (3) of this regulation, in Section A of Schedule 3 and in Schedule 4, references to migration or release of a substance shall be construed as references to the transfer of constituents to the simulant representing the food or, as the case may be, the food with which the substance may come into contact.
3
For the purposes of paragraphs (1) and (2) of this regulation, Schedules 3 and 4 shall have effect as if —
a
the references in Section A of Schedule 3 and in Schedule 4 to “plastic material or article” were references to “adhesive or material or article covered by a surface coating”;
b
the references in paragraph 4(3) and (4) of Section A of Schedule 3 to “a migration limit specified in regulation 7, Schedule 1 or Schedule 2” were references to “a migration limit referred to in regulation 8A(4) or (5)”; and
c
the reference in paragraph 5 of Part II of Schedule 4 and paragraph 2(1)(b) of Part III of that Schedule to “regulation 7 or Schedule 1” were a reference to “regulation 8A(4) or (5)”.
4
The specific migration from an adhesive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex I to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.
5
The specific migration from an adhesive or a material or article covered by a surface coating of the substances listed in paragraph 1 of Annex II to Commission Directive 2002/16 shall be determined in the manner specified in paragraph 3 of that Annex.
6
Whether or not the detection requirement specified in Article 4 of Commission Directive 2002/16 is complied with in relation to an adhesive or a material or article covered by a surface coating shall be determined in the manner specified in the second sentence of that Article.
.
12
In regulation 10 (offences) —
a
in paragraph (1), for the expression “regulation 3, 4(1), 5(1) or 8” there shall be substituted the expression “regulation 3, 4(1), 4A(1), (2) or (3), 5(1), 8(1) or 8A(1), (2) or (3)”;
b
in each of paragraphs (9) and (10), immediately after the words “plastic material or article” there shall be inserted the words “or, as the case may be, adhesive or material or article covered by a surface coating”; and
c
immediately after paragraph (15) there shall be added the following paragraphs —
16
Subject to paragraph (18) of this regulation, in any proceedings for an offence under these Regulations it shall be a defence to prove that —
a
the act constituting the offence was committed in relation to a plastic material or article which was put into free circulation in the European Community before 30th November 2002; and
b
the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (17) of this regulation had not been in force at the time that matter occurred.
17
The provisions referred to in paragraph (16) of this regulation are regulations 5(d), 6(b), 8(a), (b) and (d), 10, 12(a) and 15 to 17 of the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2002, to the extent that they implement those requirements of Commission Directive 2001/62 to which Article 2 of that Directive applies.
18
For the purposes of paragraph (16) of this regulation, “free circulation” shall have the same meaning as in Article 2 of Commission Directive 2001/62.
19
In any proceedings for an offence under these Regulations it shall be a defence to prove that —
a
the act constituting the offence was the sale of an adhesive or a material or article covered by a surface coating —
i
which was brought into contact with food before 28th February 2003,
ii
on which (in the case of a material or article covered by a surface coating) the date of filling of the material or article concerned appeared at the time of the sale, and
iii
the labelling or marking of which at the time of sale (in the case of a material or article covered by a surface coating) complied with the requirement as regards labelling relating to durability contained in Article 2.1(a) of Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs ; and
b
the sale would not have constituted an offence under these Regulations if the amendments made to them by the provisions referred to in paragraph (20) of this regulation had not been in force at the time of sale.
20
The provisions referred to in paragraph (19) of this regulation are regulations 5(b) and (f), 8A and 12(a) of the Plastic Materials and Articles in Contact with Food (Amendment) (England) Regulations 2002.
.
13
In regulation 11 (presumption as to food with which a plastic material or article is to come into contact) and the heading to it, immediately after the words “plastic material or article”, wherever they appear, there shall be inserted the words “, adhesive or material or article covered by a surface coating”.
14
In regulation 12 (application of other provisions) —
a
in paragraph (1), after the words “plastic materials or articles” there shall be added the words “, adhesives and materials or articles covered by a surface coating”; and
b
in paragraph (3), for the words “relate to plastic materials or articles” there shall be substituted the words “apply to plastic materials or articles, adhesives or materials or articles covered by a surface coating”.
15
In Schedule 1 (monomers authorised without time limit, monomers authorised up to the end of 2001, monomers authorised up to the end of 1998 and supplementary) —
a
in Section A of Part I —
i
in the case of each monomer listed in Part I of Schedule 1 to these Regulations, the item number, PM/REF No, CAS No. (if any), name and restriction or specification specified for that monomer in that Part shall be inserted in the appropriate numerical position for that item number,
ii
in the case of each monomer named in the second column of Part II of Schedule 1 to these Regulations, for the item number for that monomer specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part, and
iii
in the case of each monomer named in the first column of Part III of Schedule 1 to these Regulations, for the entry for that monomer specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part;
b
for Section B of Part I there shall be substituted the contents of Part IV of Schedule 1 to these Regulations; and
c
in Part II, for paragraph 4 there shall be substituted the following paragraph —
4
Where an entry in column 4 of Part I of this Schedule (restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as follows, the following bracketed numbers corresponding with those appearing in that Part :
1
Warning: there is a risk that the specific migration limit could be exceeded in fatty food simulants.
2
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 10060 and 23920.
3
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 15760, 16990, 47680, 53650 and 89440.
4
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 19540, 19960 and 64800.
5
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 14200, 14230 and 41840.
14
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 15970, 48640, 48720, 48880, 61280, 61360 and 61600.
21
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 17260 and 18670.
.
16
In Schedule 2 (additives and supplementary) —
a
In Part I —
i
for the heading “ Part I Additives ” there shall be substituted the heading “ Part I: Incomplete list of additives used in the manufacture of plastic materials and articles (not being additives to which paragraph 5 of Part III of this Schedule applies) ”,
ii
in the case of each additive listed in Part I of Schedule 2 to these Regulations, the item number, PM/REF No. , CAS No. (if any), name and restriction or specification (if any) specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number,
iii
in the case of each additive named in the second column of Part II of Schedule 2 to these Regulations, for the item number for that additive specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part, and
iv
in the case of each additive named in the first column of Part III of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part, and
v
all the entries for the additive Silicic acid, salts, (item 241) shall be deleted;
b
immediately after Part I there shall be inserted the contents of Part IV of Schedule 2 to these Regulations (which shall become Part II of Schedule 2 to the principal Regulations on the coming into force of these Regulations);
c
in Part II —
i
in the heading, for the expression “ Part II ” there shall be substituted the expression “ Part III ”;
ii
in paragraph 1, for the expression “Part I” there shall be substituted the expression “Parts I and II”;
iii
in each of paragraphs 2, 3 and 4, immediately after the expression “Part I” there shall be added the expression “or Part II”; and
iv
for paragraph 4 there shall be substituted the following paragraph —
4
Where an entry in column 4 of Part I or Part II of this Schedule (in each case restrictions and specifications) includes a bracketed number, that entry shall be subject to a note relating to that number as follows, the following bracketed numbers corresponding with those appearing in those Parts :
1
Warning: there is a risk that the SML could be exceeded in fatty food simulants.
2
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 10060 and 23920.
3
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 15760, 16990, 47680, 53650 and 89440.
4
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 19540, 19960 and 64800.
5
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 14200, 14230 and 41840.
6
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration of the substances having PM/REF Nos. 66560 and 66580.
7
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 30080, 42320, 45195, 45200, 53610, 81760, 89200 and 92030.
8
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 42400, 64320, 73040, 85760, 85840, 85920 and 95725.
9
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 30180, 40980, 63200, 65120, 65200, 65280, 65360, 65440 and 73120.
10
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 45200, 64320, 81680 and 86800.
11
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 36720, 36800 and 92000.
12
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 39090 and 39120.
13
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 44960, 68078, 82020 and 89170.
14
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 15970, 48640, 48720, 48880, 61280, 61360 and 61600.
15
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 49600, 67520 and 83599.
16
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 50160, 50240, 50320, 50360, 50400, 50480, 50560, 50640, 50720, 50800, 50880, 50960, 51040 and 51120.
17
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 67600, 67680 and 67760.
18
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 60400, 60480 and 61440.
19
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 66400 and 66480.
20
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 93120 and 93280.
21
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF Nos. 17260 and 18670.
; and
d
immediately after paragraph 4 there shall be inserted the following paragraph —
5
In the case of the substances listed in Part II of this Schedule, the specific migration limits specified in column 4 of that Part (restrictions and specifications) shall have effect with effect from 1st January 2004 where the verification of compliance is carried out in simulant D or in test media of substitute tests as prescribed in Council Directive 82/711/EEC and Council Directive 85/572/EEC .
.
17
In Schedule 2B (specifications) in the case of each substance listed in Schedule 3 to these Regulations, the item number, PM/REF No. and specification set out for that substance in that Schedule shall be inserted in the appropriate numerical position for that item number.
18
In Schedule 3 (provisions applicable when testing compliance with the migration limits) —
a
in each of sub-paragraphs (3) and (4) of paragraph 4, immediately after the words “specified in regulation” there shall be inserted the expression “4(5A), 4A(4) or (5), 5(4A) or (4B) or”; and
b
for sub-paragraph (2)(b) of paragraph 8 there shall be substituted the following sub-paragraph —
b
12 mg/ kg or, as the case may be, 2 milligrams per square decimeter in migration tests using other simulants referred to in Schedule 4.
.
Amendment of the Food Safety (Sampling and Qualifications) Regulations 1990
19
In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990 (provisions to which those Regulations do not apply) the reference in the second column, opposite the reference in the first column to the Plastic Materials and Articles in Contact with Food Regulations 1998, shall be amended in relation to England so as to read “ S.I. 1998/1376 as amended by S.I. 2000/3162 and S.I. 2002/[ ]”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
16th September 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the St Helens Primary Care Trust (Establishment) Order 2002 and shall come into force on 23rd January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the St Helens 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 23rd January 2002 a Primary Care Trust to be called the St Helens 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.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to 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 NHS contracts;
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The St Helens and Knowsley Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The St Helens and Knowsley Community Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South and West Devon 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 South and West Devon Health Authority ;
“the new Trusts” means the South Devon Health care National Health Service Trust and the Plymouth Hospitals 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 South Devon Health care National Health Service Trust and signed on behalf of the old Trust on 30th November 2001 and on behalf of the South Devon Health care National Health Service Trust on 4th December 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the South Devon Health care National Health Service 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 Plymouth Hospitals National Health Service Trust and signed on behalf of the old Trust on 30th November 2001 and on behalf of the Plymouth Hospitals National Health Service Trust on 6th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Plymouth Hospitals 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:
1
This Order may be cited as The A65 Trunk Road (Thorlby Roundabout to North Yorkshire/City of Bradford Boundary) (Detrunking) Order 2002 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/351, marked “The A65 Trunk Road (Thorlby Roundabout to North Yorkshire/City of Bradford Boundary) (Detrunking) Order 2002.”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DFT Records Management Branch, Ashdown House, 123 Victoria Street, London SW1 6DE;
iii
“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
iv
“the trunk road” means the Doncaster to Kendal Trunk (A65).
3
The length of the trunk road 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 this Order comes into force.
Signed by authority of the Secretary of State for Transport
Kevin Lasbury
A Divisional Director, Highways Agency
6th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 and shall come into force on 1st October 2002.
Preliminary
2
The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 shall be further amended in accordance with the following provisions.
Amendments to regulation 3 (interpretation)
3
Regulation 3, paragraph (1) shall be amended as follows:
a
after the definition “the 1985 Act ” there shall be inserted —
“the 1995 Act ” means the Disability Discrimination Act 1995 ;
“the 1984 Regulations ” means the Public Service Vehicles (Carrying Capacity) Regulations 1984 ;
“the 2000 Regulations ” means the Public Service Vehicles Accessibility Regulations 2000 ;
.
b
the following new definitions shall be inserted in the appropriate places according to alphabetical order —
“assistance dog” means a dog which —
is trained by a specified charity to assist a disabled person with a physical impairment for the purpose of section 1 of the 1995 Act which —
consists of epilepsy; or
otherwise affects his mobility, manual dexterity, physical coordination or ability to lift, carry or otherwise move everyday objects; and
at the time it is providing assistance to a disabled person, is wearing a jacket inscribed with the name of one of the following charities, that is to say —
“Dogs for the Disabled” registered with the Charity Commission under registration number 700454;
“Support Dogs” registered with the Charity Commission under registration number 1017237; or
“Canine Partners for Independence” registered with the Charity Commission under registration number 803680;
“boarding lift” means a lift fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;
“boarding ramp” means a ramp fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;
“disabled person” has the same meaning as in section 1 of the 1995 Act;
“guide dog” has the same meaning as in section 37(11) of the 1995 Act;
“hearing dog” has the same meaning as in section 37(11) of the 1995 Act;
“1ocal service” has the same meaning as in section 2 of the 1985 Act ;
“maximum seating capacity” has the same meaning as in regulation 4 of the 1984 Regulations;
“maximum standing capacity” has the same meaning as in regulation 6 of the 1984 Regulations;
“portable ramp” means a ramp which is carried on a regulated public service vehicle for the purpose of allowing wheelchair users to board or alight from the vehicle;
“regulated public service vehicle” means a public service vehicle to which the 2000 Regulations apply;
“scheduled service” means a service, using one or more public service vehicles, for the carriage of passengers at separate fares —
along specified routes,
at specified times, and
with passengers being taken up and set down at pre-determined stopping points,
but does not include a tour service (being a service where a public service vehicle is used for or in conjunction with the carriage of passengers to a particular location, or particular locations, and back to their point of departure);
“wheelchair restraint system” means a system which is designed to keep a wheelchair restrained within the wheelchair space;
“wheelchair space” means a space for a wheelchair with which a regulated public service vehicle is fitted in accordance with paragraph 2 of Schedule 1 to the 2000 Regulations;
“wheelchair user” means a disabled person using a wheelchair; and
“wheelchair user restraint” means a system which is designed to keep a wheelchair user restrained in the wheelchair.
.
Amendment to regulation 5
4
Regulation 5 shall be amended by the addition after paragraph (6) of the following paragraph —
7
A driver, inspector and a conductor shall not, subject to there being a suitable space available, prevent a disabled person accompanied by an assistance dog, a guide dog or a hearing dog, being allowed to board and travel in the vehicle with his dog.
.
Amendments to regulation 6 (conduct of passengers)
5
Regulation 6 shall be amended as follows —
a
the following paragraph shall be inserted after paragraph (1) —
1A
Paragraph (1)(k)(ii) and (iii) shall not apply to a direction given by a driver, inspector or conductor solely on the grounds that a person is a disabled person.
;
b
the following paragraph shall be substituted for paragraph (3) —
3
Paragraph (2)(b) does not require the removal of an animal where the passenger is a disabled person and the animal is an assistance dog, a guide dog or a hearing dog.
;
c
the following paragraph shall be inserted after paragraph (3) —
3A
Without prejudice to regulation 5(7), a disabled person shall comply with any direction given by a driver, inspector or conductor to remove his assistance dog, guide dog or hearing dog from the gangway.
; and
d
paragraph (5) shall be omitted.
Further amendments
6
After regulation 10 there shall be inserted as Part IV the following new regulations —
PART IV
The conduct of drivers and conductors of regulated public service vehicles with respect to wheelchair users and other disabled persons
Interpretation of Part IV
11
In this Part —
“Schedule 1” means Schedule 1 (wheelchair accessibility requirements) to the 2000 Regulations;
“Schedule 2” means Schedule 2 (general accessibility requirements for single-deck and double-deck buses) to the 2000 Regulations;
“Schedule 3” means Schedule 3 (general accessibility requirements for single-deck and double-deck coaches) to the 2000 Regulations;
a “Schedule 1 vehicle” means a regulated public service vehicle which is required to comply with the provisions of Schedule 1; and
a “Schedule 2 or 3 vehicle” means a regulated public service vehicle which is required to comply (as the case may be) with the provisions of either Schedule 2 or Schedule 3.
Duties towards wheelchair users of Schedule 1 vehicles
12
1
This regulation applies (subject to regulation 15(1) (duties requiring the proper functioning of equipment)) in relation to a driver and a conductor of a Schedule 1 vehicle.
2
If there is an unoccupied wheelchair space on the vehicle, a driver and a conductor shall allow a wheelchair user to board if —
a
the wheelchair is of a type or size that can be correctly and safely located in that wheelchair space, and
b
in so doing, neither the maximum seating nor standing capacity of the vehicle would be exceeded.
3
For the purpose of paragraph (2), a wheelchair space is occupied if —
a
there is a wheelchair user in that space; or
b
passengers or their effects are in that space and they or their effects cannot readily and reasonably vacate it by moving to another part of the vehicle.
4
A driver and a conductor shall ensure —
a
where the carriage of a portable ramp is required by Schedule 1, that a portable ramp is carried on the vehicle where the vehicle is operating on a local service or on a scheduled service;
b
that any boarding lift, boarding ramp or portable ramp is in its normal position for vehicle travel and is securely stowed before the vehicle is driven;
c
where the vehicle is operating on a local or a scheduled service and it is fitted with a boarding lift or a boarding ramp which, in order to comply with Schedule 1, requires a means of control for it to be capable of being operated manually in the event of a power failure, that such a separate means of control is carried on the vehicle;
d
that wheelchair users can gain access into and can get out of a wheelchair space;
e
before the vehicle is driven, that any wheelchair user is correctly and safely positioned in a wheelchair space and that any retractable rail (being a rail fitted in accordance with the requirements of paragraph 4(3)(b) of Schedule 1) or any similar device is in a position to restrict the lateral movement of the wheelchair; and
f
where a wheelchair user using a wheelchair space faces the front of the vehicle, that the wheelchair restraint system is attached in accordance with the relevant instructions pursuant to paragraph 8(3) of Schedule 1.
5
If the vehicle has a seat in a wheelchair space which is capable of being quickly dismantled or removed, a driver and a conductor shall ensure that any such seat —
a
when it is not in use and is stowed on the vehicle, is safely stowed; and
b
whenever it is in position for use within the wheelchair space, is secured.
Duties concerning kneeling systems etc towards disabled persons using Schedule 2 or 3 vehicles
13
1
This regulation (subject to regulations 15 (effects of faulty or malfunctioning equipment) and 17 (extent of driver’s and conductor’s duty)) applies in relation to a driver and to a conductor of a Schedule 2 and 3 vehicle where that vehicle is equipped with —
a
a kneeling system, or
b
a folding or retractable step.
2
A driver and a conductor shall operate the kneeling system or the folding or retractable step —
a
whenever they consider that a disabled person will need the system to be operated or the step to be deployed, or
b
if requested to do so,
for the purpose of enabling that person to board or to alight from the vehicle, and in such a manner that the distance between the vehicle and the ground or the vehicle and the kerb is the minimum that is reasonably practicable.
3
“Kneeling system” means any system which enables the bodywork of the vehicle to be lowered relative to its normal height of travel and a “folding or retractable step” means a step which can either fold or retract and which meets the requirements applicable to external steps pursuant to paragraph 4 of Schedule 2 or Schedule 3 (as the case may be).
4
A driver and a conductor shall ensure that disabled persons who are not wheelchair users may, when boarding or alighting from the vehicle, use an entrance or an exit which is provided in compliance with (as the case may be) the provisions of either Schedule 2 or Schedule 3.
General duties towards wheelchair users and other disabled persons
14
1
Where a wheelchair user wishes to board or to alight from a Schedule 1 vehicle, a driver and a conductor shall first safely deploy (subject to regulation 15(1) (duties requiring the proper functioning of equipment)) any boarding lift, boarding ramp or portable ramp in its correct operating position.
2
Where a wheelchair user wishes to board or to alight from a Schedule 1 vehicle and requests assistance to do so, a driver and a conductor shall provide assistance to him.
3
Where a disabled person who is not a wheelchair user wishes to board or to alight from a Schedule 2 or 3 vehicle and requests assistance to do so, a driver and a conductor shall provide assistance to him.
4
Where a wheelchair user wishes to occupy a wheelchair space in a Schedule 1 vehicle which is fitted with a wheelchair user restraint, a driver and a conductor shall —
a
offer to provide such assistance as may be required so as to enable the wheelchair user to wear that restraint, and
b
in providing that assistance, apply (subject to regulation 15(1) (duties requiring the proper functioning of equipment)) the wheelchair user restraint only in accordance with the user instructions which are displayed pursuant to paragraph 8(3) of Schedule 1.
Effects of faulty or malfunctioning equipment
15
1
Where the fulfilment of a duty owed by a driver or a conductor under —
a
regulation 12 (duties towards wheelchair users of Schedule 1 vehicles),
b
regulation 13 (duties concerning kneeling systems etc towards disabled persons using Schedule 2 or 3 vehicles) or
c
regulation 14 (general duties towards wheelchair users and other disabled persons),
requires the use or operation of any equipment, kneeling system or folding or retractable step and there is a fault in, or a failure in the operation of, that equipment, system or step, the person owing the duty shall not permit a wheelchair user, or other disabled person or any other passenger to board or alight from the vehicle or (if already on board) to travel on the vehicle unless he is satisfied that such persons can do so in safety.
2
A driver or a conductor shall not be considered to have failed to ensure fulfilment of the duty under either regulation 13(2) (duties concerning kneeling systems etc) or regulation 16 (display of route numbers etc) if, and to the extent that, the performance of that duty involves the proper functioning of equipment on the vehicle but there is a fault in, or a failure in the operation of, that equipment which prevents it being used.
3
In this regulation —
“equipment” means any equipment fitted to a regulated public service vehicle in order to comply with Schedule 1, Schedule 2 or Schedule 3 and which a driver and a conductor must operate for the safe fulfilment of the relevant duty; and
“kneeling system or folding or retractable step” has the same meaning as in regulation 13(3).
Route numbers etc
16
1
Subject to regulation 15(2) (equipment failure preventing use), a driver and a conductor of a regulated public service vehicle shall ensure that —
a
a route number (if any) and a destination is displayed in the positions provided for such displays with respect to the vehicle in accordance (as the case may be) with either paragraph 8 of Schedule 2 or paragraph 7 of Schedule 3;
b
a route number and a destination displayed in accordance with sub-paragraph (a) which is required to be provided with a means of illumination shall have characters that are kept illuminated between sunset and sunrise; and
c
the vehicle shall at all times display the correct route number and destination.
2
Sub-paragraphs (a) and (b) of paragraph (1) shall not apply to an emergency replacement vehicle or to a temporary service vehicle until 21 days has elapsed from the day when the vehicle is first used as an emergency replacement vehicle or as a temporary service vehicle, provided that —
a
the route number (if any) and a destination shall be displayed either on the front or on the nearside of the vehicle as close as practical to the foremost passenger entrance; and
b
the requirement of sub-paragraph (c) of paragraph (1) is complied with.
3
In this regulation, “destination” and “route number” have the same meanings as in paragraph 7(6) of Schedule 3 to the 2000 Regulations and —
“emergency replacement vehicle” means a public service vehicle which has been brought into service on the route in question to provide emergency cover; and
“temporary service vehicle” means a public service vehicle which is in service on a temporary route or service.
Extent of driver’s and conductor’s duty
17
1
Where, in any of the preceding provisions of this Part, a duty is expressed to be owed by the driver and the conductor of a vehicle, but a function to be performed to fulfil that duty is, according to arrangements made by the operator of the vehicle, the responsibility of one only of them, then that one only, and not the other, owes that duty in relation to that function.
2
The duties which a driver or a conductor owes under regulation 13 (duties concerning kneeling systems etc) and 14 (general duties towards wheelchair users and other disabled persons) are duties —
a
to take such care as in all the circumstances of the case is reasonable to see that the wheelchair user or other disabled person will be reasonably safe in boarding or in alighting from the vehicle, and
b
shall not oblige the person owing the duty to take any steps if, on reasonable grounds, he considers that —
i
there will be a risk to his health, safety or security or to that of the wheelchair user or other disabled person or to that of any other passenger or member of the public; or
ii
there will be a risk to the safety and security of the vehicle.
3
The duties which a driver or a conductor owes under regulations 13 (duties concerning kneeling systems etc) and 14 (general duties towards wheelchair users and other disabled persons) are duties to operate the kneeling system or the folding or retractable step, or to deploy the boarding lift, boarding ramp or portable ramp to the extent that it is practicable having regard to the construction of the vehicle and the condition of the road.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
2nd July 2002


text:
PART I
GENERAL
Citation, commencement, extent and interpretation
1
1
These Regulations, which supersede the Occupational and Personal Pension Schemes (Bankruptcy) Regulations 2002 , may be cited as the Occupational and Personal Pension Schemes (Bankruptcy) (No. 2) Regulations 2002 and shall come into force on 6th April 2002.
2
Part II of these Regulations applies to England and Wales.
3
Part III, and (by virtue of regulation 11 of that Part) regulation 2 of Part II, of these Regulations apply to Scotland.
4
In this paragraph and —
a
Parts II and III of these Regulations —
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999;
“income-related benefit” has the meaning given in section 123(1) of the Social Security Contributions and Benefits Act 1992 ;
“relevant benefits” has the meaning given in section 612 of the Taxes Act ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 ;
“week” means a period of seven days;
Part II of these Regulations —
“the 1986 Act ” means the Insolvency Act 1986;
“court” means the court which made the bankruptcy order against the bankrupt;
“destination arrangement” has the meaning given in section 342E(1)(b) of the 1986 Act ;
“pension-sharing transaction” has the meaning given in section 342D(9) of the 1986 Act ;
“responsible person” means the person responsible for a pension arrangement within the meaning of section 342C(6) of the 1986 Act;
“restoration order” means an order made under section 342A of the 1986 Act ;
“transferee” has the meaning given in section 342D(9) of the 1986 Act;
“transferor” has the meaning given in section 342D(9) of the 1986 Act;
Part III of these Regulations —
“the 1980 Act ” means the Solicitors (Scotland) Act 1980 ;
“the 1985 Act ” means the Bankruptcy (Scotland) Act 1985;
“court” means the sheriff before whom the sequestration is depending or to whom it has been transferred or remitted in terms of section 15 of the 1985 Act or, where a judicial factor has been appointed, the court which appointed the judicial factor;
“debtor” has the meaning given in section 73 of the 1985 Act, and in relation to regulations 12 to 15 and 19 also includes a solicitor on whose estate a judicial factor has been appointed;
“judicial factor” means a judicial factor appointed under section 41 of the 1980 Act ;
“pension-sharing transaction” has the meaning given in section 36D(10) of the 1985 Act ;
“permanent trustee” shall be construed in accordance with section 3 of the 1985 Act;
“responsible person” means the person responsible for a pension arrangement within the meaning of section 36C(6) of the 1985 Act;
“restoration order” means an order made under section 36A of the 1985 Act ;
“transferee” has the meaning given in section 36D(10) of the 1985 Act;
“transferor” has the meaning given in section 36D(10) of the 1985 Act.
PART II
ENGLAND AND WALES
Prescribed pension arrangements
2
1
The arrangements prescribed for the purposes of section 11(2)(h) of the 1999 Act (pension arrangements which are “approved pension arrangements”) are arrangements (including an annuity purchased for the purpose of giving effect to rights under any such arrangement) —
a
to which —
i
the holder of an office or employment has contributed by way of payments out of foreign emoluments which have been allowed as a deduction in computing the amount of those emoluments by virtue of section 192(3) of the Taxes Act (relief from tax for foreign emoluments),
ii
Article 17A of the Convention set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Republic of Ireland) Order 1976 (pension scheme contributions) applies;
b
made with a scheme which is a retirement benefits scheme —
i
approved by the Board of Inland Revenue pursuant to section 590 or 591 of the Taxes Act (conditions for approval of retirement benefit schemes and discretionary approval respectively) and which is not an exempt approved scheme under section 592 of that Act , or
ii
to which section 608 of the Taxes Act (superannuation funds approved before 6th April 1980) applies;
c
to which section 595(1) of the Taxes Act (charge to tax in respect of certain sums paid by the employer etc. ) does not apply by virtue of section 596(2)(b) of that Act ;
d
which are exempt or qualify for relief from, or are not liable to charge to, income tax by virtue of section 614, 615 or 616 of the Taxes Act (exemptions and reliefs in respect of income from investments etc. of certain pension schemes and other overseas pensions);
e
made with —
i
a public service pension scheme, or
ii
an occupational pension scheme established under the auspices of a government department or by any person acting on behalf of the Crown;
f
referred to in paragraph (b)(ii) of section 630(1) of the Taxes Act (definition of “approved” for the purposes of Chapter IV of Part XIV of that Act).
2
Paragraph (1)(e) above does not apply to an arrangement entered into on, or after, 14th March 1989 for the purpose of providing an employee with relevant benefits calculated by reference to so much of his annual remuneration as is in excess of the permitted maximum; and for these purposes the “permitted maximum” means the permitted maximum for any year of assessment during which such a person is a member of a scheme referred to in paragraph (1)(e) above and shall be the figure specified —
a
in section 590C(3) of the Taxes Act for the years 1988-89 and 1989-90;
b
by order in accordance with subsection (6) of that section for each year subsequent to 1989–90.
3
For the purposes of this regulation —
a
“foreign emoluments” has the meaning given in section 192(1) of the Taxes Act;
b
“occupational pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993 ;
c
“public service pension scheme” has the meaning given in section 1 of the Pension Schemes Act 1993;
d
“year of assessment” has the meaning given in section 832(1) of the Taxes Act.
Unapproved pension arrangements
3
1
For the purposes of section 12 of the 1999 Act (effect of bankruptcy on pension rights: unapproved arrangements), a pension arrangement —
a
falling within section 11(4) of the 1999 Act (which deals with schemes which are not subsequently approved under Chapter I of Part XIV of the Taxes Act and, at the date of the bankruptcy order, were being considered for such approval);
b
falling within section 11(6) of the 1999 Act (which deals with a scheme which, after the date of the bankruptcy order, has its approval under Chapter I or, as the case may be, Chapter IV of Part XIV of the Taxes Act withdrawn from a date not later than the date of that order); or
c
under —
i
a funded unapproved retirement benefits scheme, or
ii
an unfunded unapproved retirement benefits scheme,
shall be an “unapproved pension arrangement” if it satisfies the conditions specified in paragraph (2) below.
2
The conditions referred to in paragraph (1) above are that the pension arrangement —
a
is established under —
i
an irrevocable trust, or
ii
a contract, agreement or arrangement made with the bankrupt;
b
has as its primary purpose the provision of relevant benefits; and
c
is the bankrupt’s sole pension arrangement or his main means of pension provision (other than a pension under Part II of the Social Security Contributions and Benefits Act 1992 (contributory benefits) or Part II of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (contributory benefits)).
3
For the purposes of section 12(2)(c) of the 1999 Act, the prescribed person shall be the responsible person.
Exclusion of rights under unapproved pension arrangements
4
For the purpose of excluding his rights under an unapproved pension arrangement from his estate for the purposes of Parts VIII to XI of the 1986 Act (which cover individual voluntary arrangements, bankruptcy and individual insolvency), a bankrupt may —
a
make an application to the court for an exclusion order in accordance with the provisions of regulation 5 below;
b
enter into a qualifying agreement with the trustee in bankruptcy in accordance with the provisions of regulation 6 below.
Exclusion orders
5
1
Subject to paragraph (2) below, an application for an exclusion order shall be made to the court within a period of —
a
thirteen weeks beginning with —
i
the date on which the bankrupt’s estate vests in the trustee in bankruptcy in accordance with the provisions of section 306 of the 1986 Act (vesting of bankrupt’s estate in trustee), or
ii
in the case of a scheme referred to in regulation 3(1)(a) or (b) above, the date, if later than that referred to in head (i) above, on which any rights of the bankrupt vest in the trustee in bankruptcy in accordance with section 11(5) or, as the case may be, (7) of the 1999 Act; or
b
thirty days beginning with the date on which a qualifying agreement is revoked in accordance with the provisions of regulation 6 below.
2
The court may, either before or after it has expired and where good cause is shown, extend the period referred to in paragraph (1)(a) or, as the case may be, (1)(b) above.
3
In deciding whether to make an exclusion order and, if so, whether to make it in respect of part or all (but not exceeding the total amount) of the excludable rights, the court shall have reference to —
a
the future likely needs of the bankrupt and his family;
b
whether any benefits by way of pension or otherwise (other than a pension under Part II of the Social Security Contributions and Benefits Act 1992 or Part II of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (contributory benefits) or an income-related benefit) are likely to be received by virtue of rights of the bankrupt which have already accrued under any other pension arrangements at the date on which the application for an exclusion order is made and the extent to which they appear likely to be adequate for meeting any such needs.
Qualifying agreements
6
1
A qualifying agreement shall be made within a period of nine weeks beginning with the later of the following —
a
the date on which the bankrupt’s estate vests in the trustee in bankruptcy in accordance with the provisions of section 306 of the 1986 Act (vesting of bankrupt’s estate in trustee); or
b
in the case of a scheme referred to in regulation 3(1)(a) or (b) above, the date, if later than that referred to in sub-paragraph (a) above, on which any rights of the bankrupt vest in the trustee in bankruptcy in accordance with section 11(5) or, as the case may be, (7) of the 1999 Act.
2
A qualifying agreement made between the bankrupt and the trustee in bankruptcy shall be by deed and incorporate all the terms which they have expressly agreed.
3
Where —
a
the bankrupt has failed to make full disclosure of all material facts in respect of any pension arrangement which is the subject of a qualifying agreement; and
b
has failed to do so for the purpose of enabling his rights under such an arrangement to be excluded from his estate for the purposes of Parts VIII to XI of the 1986 Act where they would not have otherwise been excluded,
the trustee in bankruptcy may revoke that agreement by giving the bankrupt notice of revocation.
4
A notice of revocation shall —
a
be dated;
b
be in writing;
c
specify the reasons for revocation of the qualifying agreement;
d
specify the date on which the agreement shall be revoked, such date not being one falling within a period of thirty days beginning with the date of the notice; and
e
inform the bankrupt that he has the right to apply for an exclusion order within a period of thirty days beginning with the date referred to in sub-paragraph (d) above.
5
Where a qualifying agreement has been made or revoked in accordance with the provisions of this regulation, the trustee in bankruptcy shall, within a period of thirty days beginning with the date on which that agreement was made or, in the case of a notice of revocation, the date required under paragraph (4)(a) above, notify the responsible person in writing of that fact.
Calculation and verification of rights under pension arrangements
7
1
For the purposes of section 342B(4)(b) of the 1986 Act , the value of the individual’s (“the bankrupt's”) rights under an approved pension arrangement, or of his excluded rights under an unapproved pension arrangement, shall be the cash equivalent of those rights as calculated and verified in accordance with paragraph (2) below.
2
In calculating and verifying the cash equivalent of the rights referred to in paragraph (1) above, regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 (information about pensions and divorce: valuation of pension benefits) shall have effect for the purposes of this regulation in like manner to that in which it has effect for the valuation of benefits in connection with the supply of information in connection with domestic and overseas divorce etc. in England, Wales and Northern Ireland for the purposes of those Regulations; and for these purposes “the date on which the request for the valuation was received” in that regulation shall be read as “the date on which the trustee in bankruptcy’s request for the valuation was received”.
Time for compliance with restoration order
8
The responsible person shall comply with the restoration order before the end of a period of seventeen weeks beginning with the date of service of that order.
Calculation and verification of rights under destination arrangements
9
1
Where section 342E of the 1986 Act applies, the value of a transferee’s rights under a destination arrangement, derived directly or indirectly from a pension-sharing transaction, shall be —
a
the cash equivalent of those rights at the date on which the trustee in bankruptcy’s request for that valuation is received by the responsible person; and
b
calculated and verified in accordance with paragraph (2) below.
2
In calculating and verifying the cash equivalent of the transferee’s rights referred to in paragraph (1) above, regulation 24 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 shall have effect for the purposes of this regulation in like manner to that in which it has effect for the calculation and verification of pension credit for the purposes of those Regulations.
Time for compliance with request for information
10
1
Subject to paragraph (2) below, where a request for information has been made to the responsible person by —
a
the trustee in bankruptcy or the bankrupt in connection with the making of an application for an exclusion order;
b
the bankrupt for, or in connection with, the making of a qualifying agreement referred to in regulation 6 above; or
c
the trustee in bankruptcy —
i
pursuant to section 342C(1) of the 1986 Act (which enables the trustee in bankruptcy to request the responsible person to provide information which he may reasonably need for the making of an application for a restoration order) and relating to the cash equivalent of a bankrupt’s rights or excluded rights,
ii
pursuant to section 342F(1) to (3) of the 1986 Act (which enables the transferor’s trustee in bankruptcy to request the responsible person to provide information which he may reasonably need for the making of an application under sections 339 and 340 of the 1986 Act) and relating to the cash equivalent of a transferee’s rights under a destination arrangement,
he shall comply with that request within a period of nine weeks beginning with the day on which it is received.
2
In the case of a request for information falling within sub-paragraph (a) of paragraph (1) above, the court may, either before or after it has expired and where good cause is shown, extend the period referred to in that paragraph.
PART III
SCOTLAND
Prescribed pension arrangements
11
For the purposes of section 11(2)(h) of the 1999 Act, regulation 2 above shall apply to Scotland in like manner to that in which it applies to England and Wales.
Unapproved pension arrangements
12
1
For the purposes of section 12 of the 1999 Act, a pension arrangement —
a
falling within section 11(4) of the 1999 Act (which deals with schemes which are not subsequently approved under Chapter I of Part XIV of the Taxes Act and, at the date of the award of sequestration or the appointment of a judicial factor, were being considered for such approval);
b
falling within section 11(6) of the 1999 Act (which deals with a scheme which, after the date of the award of sequestration or the appointment of a judicial factor, has its approval under Chapter I or, as the case may be, Chapter IV of Part XIV of the Taxes Act withdrawn from a date not later than the date of that order); or
c
under —
i
a funded unapproved retirement benefits scheme, or
ii
an unfunded unapproved retirement benefits scheme,
shall be an “unapproved pension arrangement” if it satisfies the conditions specified in paragraph (2) below.
2
The conditions referred to in paragraph (1) above are that the pension arrangement —
a
is established under —
i
an irrevocable trust, or
ii
a contract, agreement or arrangement made with the debtor;
b
has as its primary purpose the provision of relevant benefits; and
c
is the debtor’s sole pension arrangement or his main means of pension provision (other than a pension under Part II of the Social Security Contributions and Benefits Act 1992 (contributory benefits) or Part II of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (contributory benefits)).
3
For the purposes of section 12(2)(c) of the 1999 Act, the prescribed person shall be the responsible person.
Exclusion of rights under unapproved pension arrangements
13
For the purpose of excluding his rights under an unapproved pension arrangement from his estate for the purposes of the 1980 Act or the 1985 Act, as the case may be, a debtor may —
a
make an application to the court for an exclusion order in accordance with the provisions of regulation 14 below;
b
enter into a qualifying agreement with the permanent trustee or judicial factor in accordance with the provisions of regulation 15 below.
Exclusion orders
14
1
Subject to paragraph (2) below, an application to the court for an exclusion order shall be made within a period of —
a
thirteen weeks beginning with —
i
the date on which the act and warrant is issued on confirmation of the permanent trustee’s appointment in accordance with the provisions of the 1985 Act or the date of the appointment of a judicial factor, or
ii
in the case of a scheme referred to in regulation 12(1)(a) or (b) above, the date, if later than that referred to in head (i) above, on which any rights of the debtor vest in the permanent trustee or judicial factor in accordance with section 11(5) or, as the case may be, (7) of the 1999 Act; or
b
thirty days beginning with the date on which a qualifying agreement is revoked in accordance with the provisions of regulation 15 below.
2
The court may, either before or after it has expired and on cause shown, extend the period referred to in paragraph (1)(a) or, as the case may be, (1)(b) above.
3
In deciding whether to make an exclusion order and, if so, whether to make it in respect of part or all (but not exceeding the total amount) of the excludable rights, the court shall have reference to —
a
the future likely needs of the debtor and his family;
b
whether any benefits by way of pension or otherwise (other than a pension under Part II of the Social Security Contributions and Benefits Act 1992 or Part II of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (contributory benefits) or an income-related benefit) are likely to be received by virtue of rights of the debtor which have already accrued under any other pension arrangements at the date on which the application for an exclusion order is made and the extent to which they appear likely to be adequate for meeting any such needs.
Qualifying agreements
15
1
A qualifying agreement shall be made within a period of nine weeks beginning with the later of the following dates —
a
the date on which the act and warrant is issued on confirmation of the permanent trustee’s appointment in accordance with the provisions of the 1985 Act or the date of the appointment of a judicial factor; or
b
in the case of a scheme referred to in regulation 12(1)(a) or (b) above, the date, if later than that referred to in sub-paragraph (a) above, on which any rights of the debtor vest in the permanent trustee or judicial factor in accordance with section 11(5) or, as the case may be, (7) of the 1999 Act.
2
A qualifying agreement shall —
a
be in writing;
b
incorporate all the terms which the debtor and the permanent trustee or judicial factor have expressly agreed; and
c
be subscribed by the debtor and the permanent trustee or judicial factor, in each case in accordance with section 3(1) of the Requirements of Writing (Scotland) Act 1995 .
3
Where —
a
the debtor has failed to make full disclosure of all material facts in respect of any pension arrangement which is the subject of a qualifying agreement; and
b
has failed to do so for the purpose of enabling his rights under such an arrangement to be excluded from his estate for the purposes of the 1980 Act or the 1985 Act where they would not have otherwise been excluded,
the permanent trustee or judicial factor may revoke that agreement by giving the debtor notice of revocation.
4
A notice of revocation shall —
a
be dated;
b
be in writing;
c
specify the reasons for revocation of the qualifying agreement;
d
specify the date on which that agreement shall be revoked, such date not being one falling within a period of thirty days beginning with the date of the notice; and
e
inform the debtor that he has the right to apply for an exclusion order within a period of thirty days beginning with the date on which the agreement falls to be revoked in accordance with that notice.
5
Where a qualifying agreement has been made or revoked in accordance with the provisions of this regulation, the permanent trustee or judicial factor shall, within a period of thirty days beginning with the date on which the agreement was made or, in the case of a notice of revocation, the date required under paragraph (4)(a) above, notify the responsible person in writing of that fact.
Calculation and verification of rights under pension arrangements
16
1
For the purposes of section 36B(4)(b) of the 1985 Act , the value of the debtor’s rights under an approved pension arrangement, or of his excluded rights under an unapproved pension arrangement, shall be the cash equivalent of those rights as calculated and verified in accordance with paragraph (2) below.
2
In calculating and verifying the cash equivalent of the rights referred to in paragraph (1) above, regulation 3 of the Divorce etc. (Pensions) (Scotland) Regulations 2000 (valuation), except paragraph (11) thereof, shall have effect for the purposes of this regulation in like manner to that in which it has effect for the valuation of benefits in connection with the supply of information in connection with divorce in Scotland for the purposes of those Regulations; and for these purposes “the relevant date” in that regulation shall be read as “the date on which the permanent trustee’s request for the valuation was received”.
Time for compliance with restoration order
17
The responsible person shall comply with the restoration order before the end of a period of seventeen weeks beginning with the date of service of that order.
Calculation and verification of transferee’s rights under a pension arrangement derived from a pension-sharing transaction
18
1
Where section 36E of the 1985 Act applies, the value of a transferee’s rights under a pension arrangement derived directly or indirectly from a pension-sharing transaction, shall be —
a
the cash equivalent of those rights at the date on which the permanent trustee’s request for that valuation is received by the responsible person; and
b
calculated and verified in accordance with paragraph (2) below.
2
In calculating and verifying the cash equivalent of the transferee’s rights referred to in paragraph (1) above, regulation 24 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 shall have effect for the purposes of this regulation in like manner to that in which it has effect for the calculation and verification of pension credit for the purposes of those Regulations.
Time for compliance with request for information
19
1
Subject to paragraph (2) below, where a request for information has been made to the responsible person by —
a
the permanent trustee, judicial factor or the debtor in connection with the making of an application for an exclusion order;
b
the debtor for, or in connection with, the making of a qualifying agreement referred to in regulation 15 above; or
c
the permanent trustee —
i
pursuant to section 36C(1) of the 1985 Act (which enables the permanent trustee to request the responsible person to provide information which he may reasonably need for the making of an application for a restoration order) and relating to the cash equivalent of a debtor’s rights or excluded rights,
ii
pursuant to section 36F(1) of the 1985 Act (which enables the transferor’s permanent trustee to request the responsible person to provide information which he may reasonably need for the making of an application under sections 34 to 36 of the 1985 Act) and relating to the cash equivalent of a transferee’s rights under a pension arrangement referred to in regulation 18(1) above,
he shall comply with that request within a period of nine weeks beginning with the day on which it is received.
2
In the case of a request for information falling within sub-paragraph (a) of paragraph (1) above, the court may, either before or after it has expired and on cause shown, extend the period referred to in that paragraph.
Revocation of the Occupational and Personal Pension Schemes (Bankruptcy) Regulations 2002
20
The Occupational and Personal Pension Schemes (Bankruptcy) Regulations 2002 are hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th March 2002


text:
Citation and commencement
1
This order may be cited as the Port of Larne (Pilotage Functions) Order 2002 and shall come into force on 31st December 2002.
Application of the Pilotage Act 1987
2
Larne Harbour Limited shall be a competent harbour authority for the purposes of the Pilotage Act 1987.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
9th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South East London Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the South East London Health Authority ;
“the new Trust” means the Greenwich Primary Care Trust ; and
“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 on 3rd July 2002 and on behalf of the new Trust on 18th July 2002.
Transfer of trust property
2
1
On 30th September 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
4th September 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) (Amendment No. 2) Regulations 2002 and shall come into force on 1st December 2002.
2
These Regulations shall apply only in relation to England.
Amendment of the Financing of Maintained Schools (England) Regulations 2002
2
1
The Financing of Maintained Schools (England) Regulations 2002 shall be amended as follows.
2
After the words “In this regulation” in regulation 17(4), there shall be inserted “and in regulation 17A”.
3
The following shall be inserted after regulation 17 —
17A
1
A secondary school’s budget share for the financial year beginning on 1st April 2002 shall be redetermined by 31st March 2003 or, if earlier, within one month of the receipt by the local education authority of written notification from the LSC of a revised allocation (“the revised allocation”) in respect of the sum referred to in paragraph (1) of regulation 17 (“the original amount”).
2
Any redetermination under paragraph (1) shall be carried out by:
a
deducting from the budget share the original amount;
b
adding to the budget share the revised allocation;
c
adding to the budget share an amount equal to any deduction made in respect of that school under regulation 17(3)(b).
3
If the revised allocation exceeds the revised Real Terms Guarantee amount for the school, and the local education authority, in its initial determination of the budget share, made a deduction under regulation 17(3)(b), then the local education authority may deduct from the total sum added to the budget share under paragraph (2), an amount not exceeding:
( a - b ) * ( c / d )
where:
a
the revised allocation for the school in question
b
the revised Real Terms Guarantee amount for the school in question
c
the amount deducted by the local education authority under regulation 17(3)(b) in its initial determination
d
the difference between the original Real Terms Guarantee amount for the school and the original amount
4
Where
a
the revised allocation exceeds the revised Real Terms Guarantee amount for the school;
b
regulation 17(3)(b) did not apply to the initial determination of the school’s budget share because the original Real Terms Guarantee amount did not exceed the original amount; and
c
the authority made a deduction under regulation 17(3)(b) in respect of other maintained schools;
the authority may deduct from the total sum added to the budget share under paragraph (2), an amount not exceeding:
( a - b ) * ( c / d )
where:
a
the revised allocation for the school in question
b
the revised Real Terms Guarantee amount for the school in question
c
the total amounts deducted by the local education authority under regulation 17(3)(b) in its initial determination of maintained school’s budget shares
d
the total difference between the original Real Terms Guarantee amounts and the original amounts for those schools in the determination of whose budget shares a deduction was made under regulation 17(3)(b).
5
Where
a
the revised allocation exceeds the revised Real Terms Guarantee amount for the school;
b
regulation 17(3)(b) did not apply to the initial determination of the school’s budget share because the original Real Terms Guarantee amount did not exceed the original amount; and
c
the original Real Terms Guarantee amount did not exceed the original amount for any other school maintained by the authority,
then the authority may deduct from the total sum added to the budget share under paragraph (2), an amount not exceeding:
( a - b ) * ( 2 / 3 )
where:
a
the revised allocation for the school in question
b
the revised Real Terms Guarantee amount for the school in question.
6
In this regulation, a reference to the “revised Real Terms Guarantee amount” is a reference to the amount of the Real Terms Guarantee amount in respect of the revised allocation.
David Miliband
Minister of State,
Department for Education and Skills
7th November 2002


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Visual Recording of Interviews) Order 2002 and shall come into force on 7th May 2002.
Visual recording of interviews
2
The code of practice laid in draft before Parliament on 10th April 2002 for the visual recording of interviews held by police officers at police stations shall come into operation on 7th May 2002.
John Denham
Minister of State
Home Office
11th April 2002