text:
Citation, interpretation and extent
1
1
These Regulations may be cited as the Representation of the People (England and Wales) (Amendment) Regulations 2002.
2
In these Regulations, “the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 .
3
These Regulations do not extend to Scotland or Northern Ireland.
Commencement
2
1
Regulation 1, this regulation, regulation 4 (together with the Schedule) and regulations 5(1), (2), and (5), 7, 8 and 12 to 14 shall come into force on the expiry of the period of 14 days beginning with the day on which these Regulations were made.
2
Subject to paragraph (3) below, regulations 3, 5(3) and (4), 6, 9 to 11 and 15 shall come into force on 16th October 2002.
3
Where, in any registration area, the revised version of the register of electors has not been published under section 13(1) of the Representation of the People Act 1983 on or before 16th October 2002, the provisions to which paragraph (2) refers shall not have effect in relation to the register for that area until the day following the day on which the revised version of the register is so published.
Revocations
3
1
Regulations 46 to 49 of the 2001 Regulations and regulation 4 of the Representation of the People (England and Wales) (Amendment) Regulations 2001 are hereby revoked.
2
The Representation of the People (Form of Canvass) (England and Wales) Regulations 2001 are hereby revoked.
Prescribed forms
4
The form in Part 1 of the Schedule to these Regulations is hereby prescribed for the purposes of section 10(4) of the Representation of the People Act 1983 (form of annual canvass).
Amendment of interpretation provisions
5
1
Regulation 3(1) of the 2001 Regulations (interpretation) is amended as follows.
2
For the definition of “candidate” substitute —
“candidate” has the same meaning as in section 118A of the 1983 Act
.
3
Before the definition of “European Parliamentary overseas elector” insert —
“data form” means information which is in a form which is capable of being processed by means of equipment operating automatically in response to instructions given for that purpose;
“edited register” has the meaning given in regulation 93(1) below;
.
4
After the definition of “European Parliamentary overseas elector’s declaration” insert —
“full register” has the meaning given in regulation 93(1) below;
.
5
After the definition of “register” insert —
“registration area” means the area for which a registration officer acts;
.
Amendment of provision about copies
6
1
Regulation 7 of the 2001 Regulations (copies of documents) shall become paragraph (1) of regulation 7.
2
After that paragraph insert —
2
Paragraph (1) does not apply to the full register.
3
A person inspecting the full register may not —
a
make copies of any part of it, or
b
record any particulars included in it,
otherwise than by means of hand-written notes.
4
A person who inspects the full register and makes a copy of it or records any particulars included in it otherwise than by means of hand-written notes shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
5
In this regulation “full register” includes —
a
any part of it; and
b
any notice published under section 13A(2) or 13B(3) of the 1983 Act altering the register.
Amendment of provision about inspection of election returns
7
In regulation 10 of the 2001 Regulations (return and declaration of election expenses) —
a
omit paragraph (2); and
b
in paragraph (3) for “document” substitute “any accompanying document”.
Amendment of provision about applications
8
1
Regulation 26 of the 2001 Regulations (applications for registration) is amended as follows.
2
In paragraph (1) for “shall state” substitute “(“an application for registration”) shall, in addition to the requirements of section 10A(1A) and 13A(2A) of that Act, state”.
3
For paragraph (1)(g), substitute —
g
in the case of an applicant who wishes his name and address to be omitted from the edited version of the register, that request.
4
In paragraph (2) for the word “application”, in the first place where it occurs, substitute “declaration”.
5
In paragraph (3) for “under this regulation” substitute “for registration”.
6
After paragraph (5) insert —
6
Where the registration officer provides the form on which an application for registration is made, the form of words in Part II of the Schedule to the Representation of the People (England and Wales) (Amendment) Regulations 2002 or a form of words to the same effect, must form part of the application form.
7
Where an application for registration is made otherwise than on a form provided by the registration officer, that officer must, on or before the determination of the application, send to the applicant the form of words referred to in paragraph (6) above and must, at the same time, inform the applicant, in writing, that he may, before the end of the period of 21 days, starting with the day on which the officer sends that form of words to the applicant, make a request, in writing, to the registration officer that he wishes his name and address to be excluded from the edited version of the register.
8
Where an applicant does not reply to the registration officer within the period of 21 days mentioned in paragraph (7), the registration officer shall assume that the applicant does not request that his name and address be excluded from the edited version of the register.
9
Where an applicant does reply to the registration officer within the period of 21 days mentioned in paragraph (7) and in his response requests that his name and address be excluded from the edited version register, that request shall be treated as part of the application for registration.
Amendment of provision about notices
9
For regulation 36(2)(a) of the 2001 Regulations (issue of notices in connection with registration) substitute —
a
making a copy of it available for inspection under supervision —
i
at his office, and
ii
at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose;
aa
supplying copies of it in accordance with Part VI of these Regulations;
.
Manner of publication of register
10
For regulation 43(1) of the 2001 Regulations (publication of register) substitute —
1
The manner in which each revised version of the full register is to be published under section 13(1) and (3) of the 1983 Act is by the registration officer —
a
making a copy of it available for inspection under supervision —
i
at his office, and
ii
at such places, if any, in his registration area as allow members of the public in that area reasonable facilities for that purpose; and
b
supplying copies of it in accordance with Part VI of these Regulations.
1A
Where a copy of the full register is made available pursuant to paragraph (1)(a) above by providing the register on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to —
a
search it by electronic means by reference to the name of any person; or
b
copy or transmit any part of that copy by electronic, or any other, means.
Manner of publication of list of overseas electors
11
In regulation 45(3) of the 2001 Regulations (publication of the list of overseas electors) after “inspection” insert “under supervision”.
Procedure on issue of postal ballot papers
12
At the end of regulation 72 of the 2001 Regulations (procedure on issue of postal ballot papers) insert —
7
The address to which the postal ballot paper, declaration of identity and the envelopes referred to in regulation 74 below are to be sent is —
a
in the case of an elector, the address shown in the absent voters list;
b
in the case of a proxy, the address shown in the special list kept under paragraph 7(8) of Schedule 4 to the 2001 Act.
Spoilt postal ballot papers
13
1
Regulation 77 (spoilt postal ballot papers) of the 2001 Regulations is amended as follows.
2
In paragraph (1) for the words from “, the declaration” to the end substitute “and the declaration of identity”.
3
In paragraph (5) for “the declaration of identity and the ballot paper envelope” substitute “and the declaration of identity”.
Declarations of identity
14
For paragraphs (5) to (7) of regulation 85 of the 2001 Regulations (procedure in relation to declarations of identity) substitute —
5
Where —
a
the number (or numbers) on a valid declaration of identity is not the same as the number (or numbers) on the ballot paper envelope, or
b
that envelope has no number on it (or only one number when the declaration of identity has more than one),
the returning officer shall open the envelope.
6
Paragraph (7) below applies where —
a
there is a valid declaration of identity but no ballot paper envelope; or
b
the ballot paper envelope has been opened under regulation 84(3) or paragraph (5) above.
7
In the circumstances described in paragraph (6) above, the returning officer shall place —
a
in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the valid declaration of identity;
b
in the receptacle for rejected votes, any other ballot paper, with the valid declaration of identity attached and marked “provisionally rejected”;
c
in the receptacle for rejected votes, any valid declaration of identity marked “provisionally rejected” where —
i
there is no ballot paper, or
ii
in the case of a declaration on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, shall mark the declaration to indicate which ballot paper is missing;
d
in the receptacle for declarations of identity, any valid declaration not disposed of under sub-paragraph (b) or (c) above.
Supply of register, etc
15
After regulation 91 of the 2001 Regulations insert —
PART VI
SUPPLY OF REGISTER ETC
Interpretation and edited register
Interpretation and application of Part VI etc
92
1
In this Part “register” includes —
a
any part of the register referred to, and
b
(except in regulation 93 and in the context of the supply by the registration officer of the register and notices altering the register), any notice altering the register which is published under section 13A(2) or 13B(3) of the 1983 Act .
2
In this Part —
a
“enactment” has the same meaning as in section 17(2) of the 2000 Act , and
b
“processor” means any person who provides a service which consists of putting information into data form or processing information in data form and any reference to a processor includes a reference to his employees.
3
In this Part, any reference to an employee of any person who has access to a copy of the full register shall be deemed to include any person working or providing services for the purposes of that person or employed by or on behalf of, or working for, any person who is so working or who is supplying such a service.
4
Where any person has been supplied with a copy of a register of electors pursuant to the Representation of the People (Scotland) Regulations 2001 , or the Representation of the People (Northern Ireland Regulations 2001 , that person shall be under the same duties and obligations and subject to the same penalties in relation to the copy supplied as he would have been under had that copy been supplied to him pursuant to these Regulations (and, accordingly, where that copy is a copy of a full register he shall be under the same duties, obligations and penalties that he would have been under had he been supplied with a copy of a full register pursuant to these Regulations).
5
Subject to any direction of the Secretary of State under section 52(1) of the 1983 Act , any duty on a registration officer to supply data under this Part imposes only a duty to supply data in the form in which he holds it.
6
The registration officer shall not supply data which includes information not included in the printed version of the full register otherwise than under a provision in an enactment.
7
Any person who has obtained a copy of the full register under regulations 98, 100, 101, 103, 105, 106, 109, 113 or 114 may —
a
supply a copy of the full register to a processor for the purpose of processing the information contained in the register,
b
procure that a processor processes and provides to them any copy of the register which the processor has obtained under these Regulations,
for use in respect of the purposes for which that person is entitled to obtain such copy or information (as the case may be).
8
Any processor to whom a copy of the full register is supplied under paragraph (7) above shall be one who carries on business in the European Economic Area and the information contained in the register must not be transmitted outside the European Economic Area by the processor.
9
The processor may not disclose the full register or the information contained in it except to the person who supplied it to the processor or an employee of that person or a person who is entitled to obtain a copy of the full register under these Regulations or any employee of such a person.
10
The restrictions contained in regulations 94(3), 95(2), 98(9), 100(3), 101(6), 103(3), 104(3), 105(4), 106(3), 107(4), 107(8), 108(5) and 109(3) below apply to a person to whom the full register, or any information contained in it (that is not contained in the edited register) has been supplied or disclosed under those paragraphs as they apply to the person to whom those regulations apply.
Edited version of register
93
1
At the time when the registration officer publishes a version of the register under section 13(1) or (3) of the 1983 Act , (“the full register”), he shall also publish a version of the register under this regulation (“the edited register”).
2
The edited register shall omit the name and address of any elector whose details are included in the full register, if a request has been duly made in the form referred to in section 10(4) of the 1983 Act or in accordance with regulation 26 above by or on behalf of that elector for his name and address to be excluded from the edited register.
3
In other respects the edited register shall be identical to the full register (and, accordingly, shall include any mark or date which is required to be recorded against the name of any elector).
4
Notwithstanding the omission of names and addresses in accordance with paragraph (2), regulation 41 above shall apply to the edited register as it applies to the full register.
5
Unless the contrary intention appears, any reference in these Regulations to the register is to the full register.
6
The manner in which each revised version of the edited register is to be published under this regulation is —
a
by the registration officer making a copy of it available for inspection at his office; and
b
by such other means (if any) as he thinks appropriate.
7
Each revised version of the edited register shall be kept published until the coming into force of the next revised version of it.
General restrictions
Restrictions on supply of full register and disclosure of information from it by the registration officer and his staff
94
1
This regulation applies to —
a
the registration officer;
b
any deputy registration officer; and
c
any person appointed to assist any such officer or who in the course of his employment is assigned to assist any such officer in his registration duties.
2
Where the registration officer is also the returning officer or acting returning officer at any election or the counting officer at a referendum held by or under an Act of Parliament (and thereby has access to the full register without being supplied with a copy of it), this regulation also applies to —
a
the registration officer acting in that other capacity;
b
any deputy returning officer, deputy acting returning officer or deputy counting officer; and
c
any person appointed to assist any person mentioned in paragraph (a) or (b) or who in the course of his employment is assigned to assist any such officer in his duties in respect of the election or referendum in question.
3
No person to whom this regulation applies may —
a
supply to any person a copy of the full register,
b
disclose information contained in it (and not contained in the edited register), or
c
make use of any such information,
otherwise than in accordance with an enactment, including these Regulations.
4
Nothing in paragraph (3) above applies to the supply or disclosure by a person to whom this regulation applies to another such person in connection with his registration duties or for the purposes of an election or referendum.
Restrictions on use of the full register supplied under section 3 of the Juries Act 1974 or information contained in it
95
1
This regulation applies to —
a
any officer designated by the Lord Chancellor under section 3(1) of the Juries Act 1974 ; and
b
any other person to whom a copy of the full register has been supplied or to whom information contained in it has been disclosed for the purpose of summoning jurors.
2
No person to whom this regulation applies may —
a
supply a copy of the full register,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of such information,
otherwise than for the purpose of summoning jurors.
Restriction on use of the full register, or information contained in it, supplied in accordance with enactments or obtained otherwise
96
1
This regulation applies to —
a
any person to whom a copy of the full register has been supplied in pursuance of a relevant provision;
b
any person to whom information contained in the full register has been disclosed in pursuance of a relevant provision;
c
any person to whom a person referred to in sub-paragraph (a) or (b) has supplied a copy of the full register or information contained in it for the purposes (express or implied) of a relevant provision; and
d
any person who has obtained access to a copy of the full register or information contained in it by any other means.
2
No person to whom this regulation applies may —
a
supply a copy of the full register,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
other than —
i
where the copy was supplied or the information obtained in pursuance of a relevant provision, for the particular purpose for which the copy was supplied or the information disclosed to the person in question pursuant to the relevant provision; or
ii
where the copy was not supplied or the information disclosed in pursuance of a relevant provision, any purposes for which the person to which this regulation applies could have obtained a copy of the register or the information contained in it pursuant to any enactment, including these Regulations.
3
In this regulation “relevant provision” means any enactment (except the Juries Act 1974 and these Regulations) under which a copy of the full register is to be supplied or information from that register disclosed for a particular purpose.
Supply on publication and specific restrictions
Supply of free copy of full register to the British Library and restrictions on use
97
1
Each registration officer shall supply, free of charge and on publication, one printed copy of —
a
any revised version of the register published under section 13(1) or (3) of the 1983 Act , and
b
any list of overseas electors,
to the British Library .
2
No person employed by the British Library may —
a
supply a copy of the full register other than to another such person or to a person using the Library to inspect it under supervision;
b
disclose any information contained in it (that is not contained in the edited register) otherwise than in accordance with paragraph (3); or
c
make use of any such information.
3
No information which is contained in the full register (that is not contained in the edited register) may be disclosed otherwise than by allowing a person using the British Library to inspect it under supervision.
4
A person who inspects the copy of the full register held by the British Library may not —
a
make copies of any part of it, or
b
record any particulars included in it,
otherwise than by means of hand-written notes.
Supply of free copy of full register for electoral purposes and restrictions on use
98
1
Each registration officer shall supply, free of charge and on publication, one copy of —
a
any revised version of the register published under section 13(1) or (3) of the 1983 Act, and
b
any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act,
to the persons listed in paragraph (2) below.
2
Those persons are —
a
the returning officer for a non-metropolitan county;
b
the persons or officers who, under subsections (2B) and (2C) of section 35 of the 1983 Act are the returning officers at an election of members of the London Assembly and of the Mayor of London;
c
the returning officer appointed pursuant to section 35(1) or (1A) (as the case may be) of the 1983 Act for elections to each parish or community council within the electoral area.
3
In paragraph (1) the duty to supply one copy of the register is a duty to supply it in data form unless, prior to publication, the officer or person to whom it is to be supplied has requested in writing a printed copy instead.
4
As soon as practicable after the relevant event, a registration officer who is not the acting returning officer for a constituency wholly or partly in his registration area shall supply free of charge to that officer as many printed copies of —
a
the latest revised version of the register published under section 13(1) or (3) of the 1983 Act, as the case may be,
b
any notice setting out an alteration to that version of the register published under section 13A(2) or 13B(3) of that Act, and
c
the most recent list of overseas electors,
as the returning officer may reasonably require for the purposes of a parliamentary election.
5
In paragraph (4) above —
a
“relevant event” means —
i
the announcement of Her Majesty’s intention to dissolve Parliament, or
ii
the occurrence of a vacancy in the relevant constituency; and
b
the duty to supply as many printed copies of the register, notices and list of overseas electors as the returning officer may reasonably require includes a duty to supply one copy of each in data form.
6
As soon as practicable after the relevant date, a registration officer who is not designated as a local returning officer for part of an electoral region which falls wholly or partly in his registration area shall supply free of charge to that officer as many printed copies of the documents referred to in paragraph (4)(a), (b) and (c) above as the local returning officer may reasonably require for the purposes of a European Parliamentary election.
7
In paragraph (6) above —
a
“relevant date” means —
i
in the case of a general election of MEPs , the date which is two months before the day appointed by order of the Secretary of State for the poll, or
ii
where the Secretary of State has made an order appointing a day for the poll at a by-election, the date on which that order was made; and
b
the duty to supply as many printed copies of the register, notices and list of overseas electors as the local returning officer may reasonably require includes a duty to supply one copy of each in data form.
8
Where a registration officer is not the returning officer for any election to the National Assembly for Wales in respect of any constituency or region wholly or partly within his registration area, he shall supply free of charge to that officer as many printed copies of the documents referred to in paragraph (4)(a) or (b) above, together with one copy of each in data form, as the returning officer may reasonably require for the purposes of such an election.
9
No person to whom a copy of the register has been supplied under this regulation may —
a
supply a copy of the full register,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
other than for the purposes of an election.
Supply of free copy of full register etc to Office for National Statistics and restrictions on use
99
1
Each registration officer shall supply, free of charge and on publication, one copy of —
a
any revised version of the register published under section 13(1) or (3) of the 1983 Act,
b
any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act, and
c
any list of overseas electors,
to the Office for National Statistics (in this regulation referred to as “the Office”).
2
In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Office has requested in writing a printed copy instead.
3
No person employed by the Office may —
a
supply a copy of the full register other than to another such person;
b
disclose any information contained in it (that is not contained in the edited register) otherwise than in accordance with paragraph (4) below; or
c
make use of any such information other than for statistical purposes.
4
No information which is contained in the full register and not in the edited register may be disclosed otherwise than —
a
by allowing a person using the premises of the Office to inspect it under supervision, and
b
by publishing information about electors which does not include the name or address of any elector.
5
A person who inspects the full register may not —
a
make copies of any part of it, or
b
record any particulars included in it,
otherwise than by means of hand-written notes.
Supply of free copy of full register etc to Electoral Commission and restrictions on use
100
1
Each registration officer shall supply, free of charge and on publication, one copy of —
a
any revised version of the register published under section 13(1) or (3) of the 1983 Act,
b
any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act, and
c
any list of overseas electors,
to the Electoral Commission (in this regulation referred to as “the Commission”).
2
In paragraph (1) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission has requested in writing a printed copy instead.
3
Neither the Electoral Commissioners nor any person employed by the Commission may —
a
supply a copy of the full register other than to an Electoral Commissioner or another such person;
b
disclose any information contained in it that is not contained in the edited register otherwise than in accordance with paragraph (5) below; or
c
make use of any such information otherwise than in connection with their functions under, or by virtue of, the Political Parties, Elections and Referendums Act 2000 .
4
In paragraph (3) “Electoral Commissioner” includes a Deputy Electoral Commissioner and an Assistant Electoral Commissioner.
5
The full register or any information contained in it and not in the edited register may not be disclosed otherwise than —
a
where necessary to carry out the Commission’s duties in relation to the rules on permissible donors in the Political Parties, Elections and Referendums Act 2000; or
b
by publishing information about electors which does not include the name or address of any elector.
Supply of free copy of full register etc to certain Commissions and restrictions on use
101
1
Each registration officer in England shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (3) below to the Boundary Commission for England .
2
Each registration officer in Wales shall supply, free of charge and on publication, one copy of each of the documents listed in paragraph (3) below to the Boundary Commission for Wales and the Local Government Boundary Commission for Wales .
3
Those documents are —
a
any revised version of the register published under section 13(1) or (3) of the 1983 Act;
b
any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act; and
c
any list of overseas electors.
4
In paragraphs (1) and (2) the duty to supply is a duty to supply in data form unless, prior to publication, the Commission to whom it is to be supplied has requested in writing a printed copy instead.
5
In paragraph (6) below “a relevant person” means, in relation to each of the Commissions referred to in paragraphs (1) and (2) above —
a
a member of the Commission in question;
b
a person appointed to assist the Commission in question to carry out its functions; and
c
a person employed by the Commission in question.
6
A relevant person may not —
a
supply a copy of the full version of the register, other than to another relevant person;
b
disclose any information contained in it and not contained in the edited register, otherwise than by publishing information about electors which does not include the name and address of any elector; or
c
process or make use of any such information, other than in connection with their statutory functions.
Supply on request and specific restrictions
Supply of full register etc under regulations 103 to 108: general provisions
102
1
The persons or organisations falling within regulations 103 to 109 below may request the registration officer to supply free of charge the relevant part (within the meaning of those regulations) of any of the following —
a
a revised version of the register published under section 13(1) or (3) of the 1983 Act;
b
any notice setting out an alteration to the register published under section 13A(2) or 13B(3) of that Act;
c
a list of overseas electors.
2
Such a request shall be made in writing and shall —
a
specify the documents requested;
b
subject to paragraph (5) below, state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent document on publication for as long as the person making the request falls within the category of person entitled to receive such copies; and
c
state whether a printed copy of any of the documents is requested instead of the version in data form.
3
Unless a request has been made in advance of supply under paragraph (2)(c) above, the copy of a document supplied under this regulation shall be in data form.
4
The registration officer shall supply the relevant part of the documents referred to in paragraph (1) above in accordance with a request that has been duly made.
5
A person falling within regulation 108 below may not make the request for the supply of any subsequent document on publication.
6
A person who obtains a copy of any document under paragraph (4) above may use it for any purpose for which that person would be entitled to obtain that document under these Regulations and any restrictions which apply under whichever of regulations 103 to 109 entitles that person to obtain that document for that purpose shall apply to such use.
Supply of full register etc to elected representatives for electoral purposes and restrictions on use
103
1
This regulation applies to —
a
the Member of Parliament for any constituency wholly or partly within the registration area;
b
each Member of the European Parliament for an electoral region in which the registration area is situated;
c
each Member of the National Assembly for Wales for any constituency or region wholly or partly within the registration area;
d
each councillor for an electoral area falling within the registration area;
e
the Mayor of London and the London members of the London Assembly, where the registration area falls wholly or partly within Greater London;
f
the constituency members of the London Assembly, where the registration area falls wholly or partly within an Assembly constituency (within the meaning of the Greater London Authority Act 1999 ); and
g
an elected mayor within the meaning of section 39(1) of the Local Government Act 2000 where the registration area falls wholly or partly within the area of the local authority for which the mayor is elected.
2
For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision —
a
in the case of a Member of Parliament or of the National Assembly for Wales, is so much of them as relates to the whole or any part of the constituency or region which he represents as falls within the registration area;
b
in the case of a Member of the European Parliament, is all parts of them;
c
in the case of a councillor for an electoral area, is so much of them as relates to that area;
d
in the case of the Mayor of London and a London member of the London Assembly, is so much of them as relates to the Greater London area;
e
in the case of a constituency member of the London Assembly, is so much of them as relates to any part of the Assembly constituency which he represents as falls within the registration area;
f
in the case of a mayor falling within paragraph (1)(g) above, is so much of them as relates to any part of the area of the local authority for which he is elected as falls within the registration area.
3
No person to whom this regulation applies who has been supplied with a copy of the register may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it that is not contained in the edited register, or
c
make use of any such information,
otherwise than for purposes in connection with the office by virtue of which he is entitled to the full register or for electoral purposes.
Supply of full register to holders of relevant elective offices and candidates
104
1
This regulation applies to —
a
the holder of a relevant elective office within the meaning of paragraph 1(8) of Schedule 7 to the Political Parties, Elections and Referendums Act 2000 ;
b
a candidate for election at a Parliamentary, local government or Authority election.
2
For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is the whole of them.
3
No person to whom this regulation applies who has been supplied with a copy of the register may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it that is not contained in the edited register, or
c
make use of any such information,
otherwise than for the purpose set out in paragraph (4) below.
4
That purpose is the purpose of complying with the controls on donations contained in Schedule 7 to, the Political Parties, Elections and Referendums Act 2000 or Schedule 2A of the Representation of the People Act 1983 , as the case may be.
Supply of full register etc to local constituency parties and restrictions on use
105
1
This regulation applies to any person nominated to act for the purposes of this regulation for a particular constituency by the registered nominating officer, (within the meaning of section 24 of the Political Parties, Elections Referendums Act 2000) of a registered political party.
2
Not more than one person for the same constituency may be nominated under paragraph (1) above in respect of the same registered political party and registration area.
3
In the case of a person to whom this regulation applies, the relevant part of the documents listed in regulation 102(1) above is so much of them as relates to the whole or any part of the constituency in question as falls within the registration area.
4
No person to whom this regulation applies who has been supplied with a copy of the register may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
otherwise than for electoral purposes or the purposes of electoral registration.
Supply of full register etc to registered political parties etc and restrictions on use
106
1
This regulation applies to —
a
a registered political party other than a minor party, within the meaning of section 160(1) of the Political Parties, Elections and Referendums Act 2000;
b
a recognised third party within the meaning of section 85(5) of that Act, other than a registered political party; and
c
a permitted participant within the meaning of section 105(1) of that Act, other than a registered political party.
2
In the case of the parties and participants to whom this regulation applies, the relevant part of the documents listed in regulation 102(1) above is the whole of them.
3
No person employed by, or assisting (whether or not for reward) a party or participant to which this regulation applies and to which a copy of the register has been supplied may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
otherwise than for the purposes set out in paragraph (4) below.
4
Those purposes are —
a
in the case of a party falling within paragraph (1)(a) or (b),
i
electoral purposes, and
ii
the purpose of complying with the controls on donations under Part IV of or, as the case may be, Schedule 11 to, the Political Parties, Elections and Referendums Act 2000; and
b
in the case of a permitted participant within the meaning of section 105(1) of that Act,
i
purposes in connection with the campaign in respect of the referendum identified in the declaration made by the participant under section 106 of that Act, and
ii
the purposes of complying with the controls on donations in Schedule 15 to that Act.
Supply of full register etc to certain councils and restrictions on use
107
1
Paragraphs (2) to (6) of this regulation apply to the council by which the registration officer was appointed.
2
For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is all of them.
3
Subject to paragraph (4) below, no councillor or employee of the council may —
a
supply a copy of the full register to any person other than to another councillor of or employee of the same council;
b
disclose any information contained in it that is not included in the edited register; or
c
make use of any such information.
4
A councillor or employee of the council may supply a copy of the register, or disclose or make use of information contained in it that is not contained in the edited register —
a
where necessary for the discharge of a statutory function of the council or any other local authority relating to security, law enforcement and crime prevention, or
b
for statistical purposes, in which case no information shall be disclosed which includes the name and address of any elector (whether that name or address appears in the edited register or only in the full register).
5
In this regulation, “local authority” has the meaning given by section 270 of the Local Government Act 1972 .
6
Paragraphs (7) and (8) of this regulation apply to parish councils, as established by sections 9(4) of the Local Government Act 1972 and community councils as referred to in section 27(2) of that Act.
7
For the purposes of regulation 102(1) above, the relevant part of the documents listed is so much of them as relates to the parish or community concerned.
8
No parish or community councillor, person employed by or otherwise assisting (whether or not for reward) a parish or community council and to which a copy of the register has been supplied may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it that is not included in the edited register, or
c
make use of any such information,
otherwise than for the purpose of establising whether any person is entitled to attend and participate in a meeting of, or take any action on behalf of, the parish or community, as the case may be.
Supply of full register etc to certain candidates and restrictions on use
108
1
This regulation applies to a candidate at —
a
a Parliamentary or European Parliamentary election,
b
an election to the National Assembly of Wales,
c
a local government election, and
d
an election of a mayor under Part II of the Local Government Act 2000,
where any part of the area in respect of which the candidate stands for election includes the whole or part of a registration area.
2
In this regulation “candidate” includes —
a
a candidate at an election of a mayor under Part II of the Local Government Act 2000; and
b
an individual candidate at a European Parliamentary election or an election in an electoral region for the National Assembly for Wales.
3
In the case of a registered political party which submits a list of candidates at a European Parliamentary election, an election of the London members of the London Assembly or an election in an electoral region for the National Assembly for Wales, the entitlement otherwise conferred by this regulation on a candidate is conferred on the election agent of that party.
4
For the purposes of regulation 102(1) above, the relevant part of the documents listed in that provision is so much of them as relate to the area for which the candidate is standing.
5
No candidate or election agent to whom a copy of the register has been supplied by virtue of this regulation may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
other than for electoral purposes.
Supply of full register etc to police forces and restrictions on use
109
1
This regulation applies to —
a
any police force in Great Britain;
b
the Police Service of Northern Ireland and the Police Service of Northern Ireland (Reserve);
c
the National Criminal Intelligence Service;
d
the National Crime Squad;
e
the Police Information Technology Organisation; and
f
any body of constables established under an Act of Parliament.
2
For the purposes of regulation 102(1) above the relevant part of the documents listed in that provision is the whole of them.
3
No person serving whether as a constable, officer or employee in any of the forces and organisations to which this regulation applies may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it (that is not contained in the edited register), or
c
make use of any such information,
otherwise than for the purpose of the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere).
Sale of edited anhd full registers and specified restrictions
Sale of edited register
110
1
The registration officer shall supply a copy of the edited register to any person on payment of a fee calculated in accordance with paragraph (2) below.
2
In the case of the register —
a
in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and
b
in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.
Sale of full register etc: restrictions on supply, charges, etc
111
1
The registration officer may not sell a copy of —
a
the full register,
b
any notice under section 13A(2) or 13B(3) of the 1983 Act altering the register (“a relevant notice”), or
c
the list of overseas electors,
except to a person who is entitled under regulation 113 or 114 below to purchase them.
2
The fee for such sale is to be calculated in accordance with paragraphs (3) to (6) below.
3
Where a person purchases the full register together with any relevant notices which are published at that time altering the register, the register and the notices shall be treated as the same document for the purposes of the calculations set out in paragraph (5) below; and any entry in the register which is deleted by a notice shall accordingly be ignored for the purposes of the calculation.
4
Where a person purchases a relevant notice separately from the full register, the calculations set out in paragraph (5) below shall be applied to that notice.
5
Subject to paragraph (3) above, in the case of the register or a relevant notice —
a
in data form, the fee shall be at the rate of £20 plus £1.50 for each 1,000 entries (or remaining part of 1,000 entries) in it; and
b
in printed form, the fee shall be at the rate of £10 plus £5 for each 1,000 entries (or remaining part of 1,000 entries) in it.
6
In the case of the list of overseas electors —
a
in data form, the fee shall be at the rate of £20 plus £1.50 for each 100 entries (or remaining part of 100 entries) in it; and
b
in printed form, the fee shall be at the rate of £10 plus £5 for each 100 entries (or remaining part of 100 entries) in it.
7
In any copy of the full register which is sold in accordance with regulations 112 to 114 below, the letter “Z” shall be placed against the name of any person whose name is not included in the edited version of the register.
Sale of full register etc: general provisions
112
1
This regulation applies in respect of the supply on payment of a fee of copies of the full register, including any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, in accordance with regulations 113 and 114 below.
2
The registration officer shall not supply a printed copy of the full register under those regulations if to do so would result in his having insufficient copies of it for the purposes of any requirement made by or under any enactment.
3
In those regulations, “the relevant restrictions” means the restrictions set out in paragraphs (4) and (5) below.
4
No person in an organisation to which a copy of the register has been supplied under regulations 113 or 114 below may —
a
supply a copy of the full register to any person,
b
disclose any information contained in it (and not contained in the edited register), or
c
make use of any such information,
other than for the purpose set out in the regulation by virtue of which the full register has been supplied.
5
The restrictions in paragraph (4) above apply to a person to whom a copy of the full register has been supplied in accordance with regulations 113 and 114 below or to whom information contained in it has been so disclosed as it applies to a person in the organisation to which the copy of the full register was supplied under the regulation in question.
6
In regulations 113 and 114 below, “a relevant document” means —
a
the full register published under section 13(1) or (3) of the 1983 Act;
b
any notice published under section 13A(2) or 13B(3) of that Act amending it; and
c
the list of overseas electors.
7
A request for a copy of the full register, or of any notice published under section 13A(2) or 13B(3) of the 1983 Act altering that register, as the case may be, must be made in writing and must —
a
specify the documents required;
b
state whether the request is made only in respect of the current documents or whether it includes a request for the supply of any subsequent documents on publication for as long as the person making the request pays for them; and
c
state whether a printed copy of any document is requested instead of the version in data form.
Sale of full register to government departments
113
1
Subject to regulation 112(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 111 above a copy of a relevant document to a government department.
2
For the purposes of regulation 112(3) above, the relevant restrictions apply except for the purpose of —
a
the prevention and detection of crime and the enforcement of the criminal law (whether in England and Wales or elsewhere);
b
the vetting of employees and applicants for employment, where such vetting is required pursuant to any enactment; and
c
supply and disclosure in accordance with paragraphs (3) to (6) below.
3
A government department may supply (whether or not on payment) a copy of the full register to a person (“an authorised person”), who may only disclose information contained in it in accordance with paragraph (5) below.
4
In this regulation any reference to an authorised person includes a reference to his employees.
5
Information contained in the full register may not be disclosed by an authorised person except to any person falling within regulations 103 to 108 above; and for use for the purposes for which such a person could obtain a register under the regulation concerned.
6
The restrictions in regulations 103 to 108 respectively apply to a person to whom information contained in the full register is disclosed under paragraph (5) as it applies to a person to whom a copy of the register is applied under those regulations.
Sale of full register to credit reference agencies
114
1
Subject to regulation 112(2) above, the registration officer shall supply on request and on payment of a fee calculated in accordance with regulation 111 above copies of a relevant document to a credit reference agency which is registered under Part III of the Consumer Credit Act 1974 (by virtue of section 147 of that Act) and which is carrying on the business of providing credit reference services.
2
For the purposes of regulation 112(3) above, the relevant restrictions apply except for the purposes set out in paragraph (3) below.
3
Those purposes are —
a
vetting applications for credit or applications that can result in the giving of credit or the giving of any guarantee, indemnity or assurance in relation to the giving of credit;
b
meeting any obligations contained in the Money Laundering Regulations 1993 , the Money Laundering Regulations 2001 or any rules made pursuant to section 146 of the Financial Services and Markets Act 2000 ; and
c
statistical analysis of credit risk assessment in a case where no person whose details are included in the full register is referred to by name or necessary implication.
4
The registration officer may require a credit reference agency to provide such evidence that it is carrying on the business of providing credit reference services as he shall reasonably require.
5
In this regulation —
“application for credit” includes an application to refinance or reschedule an existing credit agreement;
“credit” includes a cash loan and any other form of financial accommodation; and
“credit reference services” means the furnishing of persons with information relevant to the financial standing of individuals, which is information collected by the person furnishing it for the purpose of so furnishing it.
Offences
Offences in respect of contravention of Part VI regulations
115
1
A person who contravenes the provisions specified in paragraph (2) below shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Those provisions are regulations 92(9), 94(3), 95(2), 96(2), 97(2) and (4), 98(9) and (10), 99(3) and (5), 100(3), (5) and (7), 101(6), 103(3) and (4), 104(3), 105(4) and (5), 106(3) and (5), 107(3) and (5), 108(5), 109(3), 112(4) and (5) and 113(5) above.
3
It is a defence for a person charged with an offence under paragraph (1) above to prove that he took all reasonable steps and exercised all due diligence to prevent the contravention.
4
A person to whom paragraph (5) below applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale where —
a
a contravention of the provisions referred to in paragraph (2) above has occurred on the part of a person (“the employed person”) in the employment, or otherwise under the direction or control, of the company or other organisation in which the person to whom paragraph (5) applies holds office; and
b
the person to whom paragraph (5) below applies has failed to take the steps specified in paragraph (6) below.
5
This paragraph applies to a director of a company or a person concerned with the management of an organisation.
6
The steps referred to in paragraph (4)(b) above are such steps as it would be reasonable for a person to whom paragraph (5) applies to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, the occurrence of a contravention of the provisions referred to in paragraph (2) above on the part of the employed person.
Signed by auhority of the Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
18th July 2002


type: legislation

jurisdiction: UK

text:
Title, commencement and extent
1
These Regulations may be cited as the Notification of Marketing of Food for Particular Nutritional Uses (England and Wales) Regulations 2002; they come into force on 8th March 2002 and extend to England and Wales only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Directive” means Council Directive 89/398/ EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses , as amended by Directive 1999/41/ EC of the European Parliament and of the Council ;
“food authority” does not include —
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“ PNU food” means a food for a particular nutritional use which —
owing to its special composition or process of manufacture, is clearly distinguishable from food intended for normal consumption, and
is sold in such a way as to indicate its suitability for its claimed particular nutritional purpose,
but does not fall within any of the following classifications —
infant formulae and follow-on formulae,
processed cereal-based foods and baby foods for infants and young children,
food intended for use in energy-restricted diets for weight reduction,
dietary foods for special medical purposes,
foods intended to meet the expenditure of intense muscular effort, especially for sportsmen, and
foods for persons suffering from carbohydrate-metabolism disorders (diabetes);
“particular nutritional use” means the fulfilment of the particular nutritional requirements of —
certain categories of persons whose digestive processes are, or whose metabolism is, disturbed, or
certain categories of persons whose physiological condition renders them able to obtain a special benefit from the controlled consumption of any substance in food, or
infants or young children in good health; and
“sell” includes possess for sale and offer, expose or advertise (otherwise than by means of a label or wrapper) for sale.
2
Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.
Restriction on sale
3
1
No person who, in respect of a PNU food product of a particular type —
a
is a manufacturer or an importer referred to in Article 9 of the Directive, but
b
has failed to comply with —
i
a requirement to notify the competent authority, as referred to in paragraph 1 or 2 of that Article, or
ii
a requirement to produce anything to the competent authority, as referred to in paragraph 3 of that Article,
shall sell a PNU food product of that type.
2
For the purposes of paragraph (1) above the competent authority is —
a
in respect of PNU food manufactured in England or Wales, or imported into England or Wales from outside the United Kingdom, the Food Standards Agency;
b
in respect of PNU food manufactured in (or imported from outside the United Kingdom into) another territory within the United Kingdom, the authority duly designated in that territory as the competent authority for the purposes of Article 9 of the Directive in respect of the food.
Enforcement
4
Each food authority shall enforce and execute these Regulations in its area.
Offences and penalties
5
If any person without reasonable excuse contravenes regulation 3(1) above, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Application of various provisions of the Food Safety Act 1990
6
The following provisions of the Act shall apply for the purposes of these Regulations and, unless the context otherwise requires, any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations:
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33 (obstruction etc. of officers);
h
section 35(1) to (3) (punishment of offences) in so far as it relates to offences under section 33(1) and (2) as applied by paragraph (g) above;
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under-Secretary of State,
Department of Health
13th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Warwickshire Combined Care National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the South Warwickshire Combined Care National Health Service Trust ;
“the new Trust” means the South Warwickshire General Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 27th November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Amendment) Order 2002 and shall come into force on the 22nd July 2002.
2
In the Table in section 1(1) of the Criminal Justice and Police Act 2001, after the entry in respect of the Telecommunications Act 1984 , there is inserted the following entry —
Section 5 of the Public Order Act 1986 (c. 64) Behaviour likely to cause harassment, alarm or distress
.
John Denham
Minister of State
Home Office
22nd July 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (District of South Lakeland) Order 2002 and shall come into force on 4th March 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the district of South Lakeland with the exception of the following roads:
a
the M6 motorway for the whole of its length in the district including its on and off slip roads;
b
the A65 trunk road from its junction with the district boundary to its junction with the M6 motorway at Junction 36;
c
the A590 trunk road:
i
from its junction with the M6 motorway at Junction 36 to its junction with Tebay Lane, Ulverston; and
ii
from its junction with Seg Lane and Carley Lane at Cross Moor crossroads to its junction with Pennington Lane at Lindal-in-Furness;
d
the A5092 trunk road from its junction with the A590 trunk road at Greenodd to its junction with the A595 road and the A595 trunk road at Grizebeck;
e
the A595 trunk road from its junction with the A595 road and the A5092 trunk road at Grizebeck to its junction with the district boundary at Duddon Bridge;
f
the A591 road:
i
from its junction with the A590 trunk road at Brettargh Holt to its junction with Thwaites Lane, Windermere;
ii
from its junction with the A592 road at Cook’s House roundabout to a point 260 metres south of its junction with the A5075 Borrans Road, Ambleside;
iii
from its junction with Greenbank Road, Ambleside to a point 150 metres south of its junction with Stock Lane, Grasmere; and
iv
from a point 200 metres north of its junction with Pye Lane, Grasmere to its junction with the district boundary.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
11th February 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insolvency Act 1986 (Amendment) Regulations 2002 and shall come into force on 3rd May 2002.
2
In these Regulations “ the Act ” means the Insolvency Act 1986 .
Amendments to the Insolvency Act 1986
2
The Act is amended as provided for in these Regulations.
Amendments to rule-making powers
3
1
In section 411(1) (Company insolvency rules) after “of this Act” insert “or the EC Regulation”.
2
After section 411(2) insert —
2A
For the purposes of subsection (2), a reference in Schedule 8 to this Act to doing anything under or for the purposes of a provision of this Act includes a reference to doing anything under or for the purposes of the EC Regulation (in so far as the provision of this Act relates to a matter to which the EC Regulation applies).
2B
Rules under this section for the purpose of giving effect to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
.
3
In section 412(1) (Individual insolvency rules (England and Wales)) after “of this Act” insert “or the EC Regulation”.
4
After section 412(2) insert —
2A
For the purposes of subsection (2), a reference in Schedule 9 to this Act to doing anything under or for the purposes of a provision of this Act includes a reference to doing anything under or for the purposes of the EC Regulation (in so far as the provision of this Act relates to a matter to which the EC Regulation applies).
2B
Rules under this section for the purpose of giving effect to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
.
5
After section 420(1) (Insolvent partnerships) insert —
1A
An order under this section may make provision in relation to the EC Regulation.
1B
But provision made by virtue of this section in relation to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
.
6
After section 421(1) (Insolvent estates of deceased persons) insert —
1A
An order under this section may make provision in relation to the EC Regulation.
1B
But provision made by virtue of this section in relation to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.
.
Amendments to definitions
4
In section 436 (Expressions used generally) before “modifications” insert —
“the EC Regulation” means Council Regulation (EC) No. 1346/2000 ;
.
Patricia Hewitt,
Secretary of State for Trade and Industry
9th April 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the Police (Amendment) Regulations 2002 and shall come into force on 1st August 2002.
2
In these Regulations “the 1995 Regulations ” means the Police Regulations 1995 .
Amendments to the 1995 Regulations
2
In regulation 4(1) of the 1995 Regulations the following definition is inserted in the appropriate place —
“British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c.xxix) ;
.
3
In regulation 14 of the 1995 Regulations (probationary service) in paragraph (4) sub-paragraph (e) on each occasion where “fourteen” occurs substitute “eighteen”.
4
The following regulation is inserted after regulation 20 of the 1995 Regulations —
Samples
20A
1
Every member of a police force, except those members appointed following their transfer from another police force, shall on appointment and in accordance with the directions of the chief officer of police have a sample taken.
2
Samples or the information derived from samples of members of a police force taken in accordance with this regulation shall be kept separate from the samples or the information derived from samples taken in accordance with section 63 of the Police and Criminal Evidence Act 1984 .
3
The samples or information derived from samples of a member of a police force taken in accordance with this regulation, and all copies and records thereof shall be destroyed on his ceasing to be a member of that force except by reason of a transfer to another force.
4
In this regulation “sample” means —
a
a sample of hair, other than pubic hair, complete with roots;
b
saliva; or
c
a swab taken from the mouth.
5
1
Regulation 39 of the 1995 Regulations (rate of pay) is amended as follows.
2
In paragraph (2) for the words “police force; and service” substitute “police force, and service”.
3
In paragraph (2A) sub-paragraph (f) on each occasion where “fourteen” occurs substitute “eighteen”.
6
The following regulation is inserted after regulation 42 of the 1995 Regulations —
Reckoning of service in the British Transport Police Force
42A
1
Where a member of a police force joined or rejoined that force having left the British Transport Police Force, on or after 1st September 1994 then, for the purposes of regulation 39, his service in any rank in the British Transport Police Force shall be treated as if it were service in the corresponding rank in the police force he joined or rejoined as aforesaid:
Provided that in the case of a member of a police force of a rank higher than that of chief inspector this paragraph shall have effect subject to any contrary agreement.
2
A member of a police force of the rank of constable shall be entitled to reckon, for the purposes of pay for that rank, any period of service in the British Transport Police Force not reckonable under paragraph (1).
3
In this regulation, any reference to a rank corresponding to a rank in a police force is a reference to a rank in the British Transport Police Force designated by the Secretary of State for the purposes hereof as the rank corresponding to the rank in question.
.
7
1
Schedule 13 to the 1995 Regulations (replacement allowance) is amended as follows.
2
In paragraph 1, the following sub-paragraph is inserted after sub-paragraph (3) —
3A
Where a member of the British Transport Police Force in receipt of a housing allowance transfers on or after 1st September 1994 to a police force in England and Wales he shall be treated from the date of his transfer as if he were a qualifying member.
.
3
In sub-paragraph (6) of paragraph 1 after “means” there is inserted “a housing allowance paid to members of the British Transport Police Force or”.
John Denham
Minister of State
Home Office
9th July 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Cold Weather Payments (General) Amendment Regulations 2002 and shall come into force on 1st November 2002.
Amendment of Schedule 1 to the Social Fund Cold Weather Payments (General) Regulations 1988
2
1
Schedule 1 to the Social Fund Cold Weather Payments (General) Regulations 1988 (identification of stations and postcode districts) shall be amended in accordance with the following provisions of this regulation.
2
For entries 2, 8, 20, 29, 47, 48, 49, 53, 54, 59 and 64 there shall respectively be substituted the entries in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th October 2002


text:
Citation and commencement
1
This Order may be cited as the Social Security Revaluation of Earnings Factors Order 2002 and shall come into force on 6th April 2002.
Revaluation of earnings factors
2
The earnings factors for tax years specified in the Schedule to this Order, in so far as they are relevant —
a
to the calculation —
i
of the additional pension in the rate of any long-term benefit; or
ii
of any guaranteed minimum pension; or
b
to any other calculation required under Part III of the Pension Schemes Act 1993 (including that Part as modified by or under any other enactment),
are directed to be increased for those tax years by the percentage of their amount shown opposite those tax years in that Schedule.
Rounding of fractional amounts
3
Where any earnings factor relevant to the calculation specified in article 2(a)(i) of this Order, as increased in accordance with this Order, would not but for this article be expressed as a whole number of pounds, it shall be so expressed by the rounding down of any fraction of a pound less than one half and the rounding up of any other fraction of a pound.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Health and Safety (Miscellaneous Amendments) Regulations 2002 and shall come into force on 17th September 2002.
Amendment of the Health and Safety (First-Aid) Regulations 1981
2
Regulation 3 of the Health and Safety (First-Aid) Regulations 1981 shall be amended by adding the following paragraph —
5
Any first-aid room provided pursuant to this regulation shall be easily accessible to stretchers and to any other equipment needed to convey patients to and from the room and be sign-posted, and such sign to comply with regulation 4 of the Health and Safety (Safety Signs and Signals) Regulations 1996 as if it were provided in accordance with that regulation.
.
Amendment of the Health and Safety (Display Screen Equipment) Regulations 1992
3
The Health and Safety (Display Screen Equipment) Regulations 1992 shall be amended —
a
by substituting for regulation 3 the following regulation —
3
Every employer shall ensure that any workstation which may be used for the purposes of his undertaking meets the requirements laid down in the Schedule to these Regulations, to the extent specified in paragraph 1 thereof.
;
b
by substituting for paragraphs (1) and (2) of regulation 5 the following paragraphs —
5
1
Where a person —
a
is a user in the undertaking in which he is employed; or
b
is to become a user in the undertaking in which he is, or is to become, employed,
the employer who carries on the undertaking shall, if requested by that person, ensure that an appropriate eye and eyesight test is carried out on him by a competent person within the time specified in paragraph (2).
2
The time referred to in paragraph (1) is —
a
in the case of a person mentioned in paragraph (1)(a), as soon as practicable after the request; and
b
in the case of a person mentioned in paragraph (1)(b), before he becomes a user.
;
c
in paragraph (3) of regulation 5 by inserting, after the words “has been provided”, the words “(whether before or after becoming an employee)”;
d
by substituting for paragraph (1) of regulation 6 the following paragraphs —
6
1
Where a person —
a
is a user in the undertaking in which he is employed; or
b
is to become a user in the undertaking in which he is, or is to become, employed,
the employer who carries on the undertaking shall ensure that he is provided with adequate health and safety training in the use of any workstation upon which he may be required to work.
1A
In the case of a person mentioned in sub-paragraph (b) of paragraph (1) the training shall be provided before he becomes a user.
.
Amendment of the Manual Handling Operations Regulations 1992
4
Regulation 4 of the Manual Handling Operations Regulations 1992 shall be amended by adding the following paragraph —
3
In determining for the purposes of this regulation whether manual handling operations at work involve a risk of injury and in determining the appropriate steps to reduce that risk regard shall be had in particular to —
a
the physical suitability of the employee to carry out the operations;
b
the clothing, footwear or other personal effects he is wearing;
c
his knowledge and training;
d
the results of any relevant risk assessment carried out pursuant to regulation 3 of the Management of Health and Safety at Work Regulations 1999;
e
whether the employee is within a group of employees identified by that assessment as being especially at risk; and
f
the results of any health surveillance provided pursuant to regulation 6 of the Management of Health and Safety Regulations 1999.
.
Amendment of the Personal Protective Equipment at Work Regulations 1992
5
The Personal Protective Equipment at Work Regulations 1992 shall be amended —
a
by substituting for sub-paragraphs (a) and (b) of paragraph (3) of regulation 4 the following sub-paragraphs —
a
it is appropriate for the risk or risks involved, the conditions at the place where exposure to the risk may occur, and the period for which it is worn;
b
it takes account of ergonomic requirements and the state of health of the person or persons who may wear it, and of the characteristics of the workstation of each such person;
;
b
by adding to regulation 4 the following paragraph —
4
Where it is necessary to ensure that personal protective equipment is hygienic and otherwise free of risk to health, every employer and every self-employed person shall ensure that personal protective equipment provided under this regulation is provided to a person for use only by him.
;
c
in paragraph (2) of regulation 6, by adding the following sub-paragraph —
d
an assessment as to whether the personal protective equipment is compatible with other personal protective equipment which is in use and which an employee would be required to wear simultaneously.
;
d
in paragraph (1) of regulation 9 by adding after sub-paragraph (c) the words “and shall ensure that such information is kept available to employees”; and
e
in paragraph (3) of regulation 9 by adding the following paragraph —
3
Without prejudice to the generality of paragraph (1) the employer shall, where appropriate, and at suitable intervals, organise demonstrations in the wearing of personal protective equipment.
.
Amendment of the Workplace (Health, Safety and Welfare) Regulations 1992
6
The Workplace (Health, Safety and Welfare) Regulations 1992 shall be amended —
a
in regulation 2(1), by inserting, before the definition of “new workplace”, the following definition —
“disabled person” has the meaning given by section 1 of the Disability Discrimination Act 1995;
in the definition of “workplace” in regulation 2(1), by deleting the words “but shall not” to the end of the definition;
by inserting after regulation 4 the following regulation —
Stability and solidity
4A
Where a workplace is in a building, the building shall have a stability and solidity appropriate to the nature of the use of the workplace.
;
in regulation 5(3) —
by deleting the word “and” after sub-paragraph (a);
by adding the word “and” after sub-paragraph (b); and
by adding the following sub-paragraph —
c
equipment and devices intended to prevent or reduce hazards
;
by deleting regulation 6(3);
in regulation 7, by inserting the following paragraph —
1A
Without prejudice to the generality of paragraph (1) —
a
a workplace shall be adequately thermally insulated where it is necessary, having regard to the type of work carried out and the physical activity of the persons carrying out the work; and
b
excessive effects of sunlight on temperature shall be avoided.
;
in paragraph (2) of regulation 24, by adding the words “and the facilities are easily accessible, of sufficient capacity and provided with seating”;
in regulation 25, by substituting for paragraph (3) the following paragraph —
3
Rest rooms and rest areas shall —
a
include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke; and
b
be equipped with —
i
an adequate number of tables and adequate seating with backs for the number of persons at work likely to use them at any one time; and
ii
seating which is adequate for the number of disabled persons at work and suitable for them.
;
by inserting after regulation 25 the following regulation —
Disabled persons
25A
Where necessary, those parts of the workplace (including in particular doors, passageways, stairs, showers, washbasins, lavatories and workstations) used or occupied directly by disabled persons at work shall be organised to take account of such persons.
.
Amendment of the Provision and Use of Work Equipment Regulations 1998
7
The Provision and Use of Work Equipment Regulations 1998 shall be amended —
a
by substituting for paragraphs (1) and (2) of regulation 10 the following paragraphs —
10
1
Every employer shall ensure that an item of work equipment conforms at all times with any essential requirements, other than requirements which, at the time of its being first supplied or put into service in any place in which these Regulations apply, did not apply to work equipment of its type.
2
In this regulation “essential requirements”, in relation to an item of work equipment, means requirements relating to the design and construction of work equipment of its type in any of the instruments listed in Schedule 1 (being instruments which give effect to Community directives concerning the safety of products)
;
b
by substituting for paragraph (2) of regulation 11 the following paragraph —
2
The measures required by paragraph (1) shall consist of —
a
the provision of fixed guards enclosing every dangerous part or rotating stock-bar where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
b
the provision of other guards or protection devices where and to the extent that it is practicable to do so, but where or to the extent that it is not, then
c
the provision of jigs, holders, push-sticks or similar protection appliances used in conjunction with the machinery where and to the extent that it is practicable to do so,
and the provision of such information, instruction, training and supervision as is necessary.
;
c
by substituting for paragraph (1) of regulation 18 the following paragraph —
18
1
Every employer shall ensure, so far as is reasonably practicable, that all control systems of work equipment —
a
are safe; and
b
are chosen making due allowance for the failures, faults and constraints to be expected in the planned circumstances of use.
;
d
in paragraph (2) of regulation 35, by substituting for the words “33(1)(a)(ii) or (2)(b)” the words “33”.
Amendment of the Lifting Operations and Lifting Equipment Regulations 1998
8
The Lifting Operations and Lifting Equipment Regulations 1998 shall be amended —
a
in the definition of “accessory for lifting” in regulation 2(1), by substituting for the word “work” the word “lifting”;
b
in regulation 3(4), by substituting for the words “(5)(b)” the words “(3)(b)”.
Amendment of the Quarries Regulations 1999
9
The Quarries Regulations 1999 shall be amended —
a
in regulation 2(1), by substituting for the definition of “explosives” the following definitions —
“explosive article” means an article containing one or more explosive substances;
“explosive substance” means —
a solid or liquid substance; or
a mixture of solid or liquid substances or both, which is capable by chemical reaction in itself of producing gas at such a temperature and pressure and at such a speed as could cause damage to surroundings or which is designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as a result of non-detonative self-sustaining exothermic chemical reactions;
“explosives” means explosive articles or explosive substances;
in regulation 33(4) by substituting, for the word “undertaken”, the word “completed”;
in regulation 45(4) by substituting, for the word “(2)”, the word “(3)”.
Signed by authority of the Secretary of State
Ian McCartney
Minister of State,
Department for Work and Pensions
17th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Craven, Harrogate and Rural District Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th 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 Craven, Harrogate and Rural District 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 25th January 2002 a Primary Care Trust to be called the Craven, Harrogate and Rural District 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, 6 officer members and 6 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 and Director of Mental Health 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; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The North Yorkshire 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 Harrogate Health Care 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.
4
The Airedale 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
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Name and commencement
1
1
This Order is called the Carmarthenshire and Pembrokeshire (Clynderwen, Cilymaenllwyd and Henllanfallteg) Order 2002.
2
This Order shall come into force on 1 April 2003 which is the appointed day for the purposes of the Regulations, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“boundary map A” (“ map ffiniau A ”) means the map prepared by the National Assembly for Wales and marked “Map A of the Carmarthenshire and Pembrokeshire (Clynderwen, Cilymaenllwyd and Henllanfallteg) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“boundary map B” (“ map ffiniau B ”) means the map prepared by the National Assembly for Wales and marked “Map B of the Carmarthenshire and Pembrokeshire (Clynderwen, Cilymaenllwyd and Henllanfallteg) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“boundary map C” (“ map ffiniau C ”) means the map prepared by the National Assembly for Wales and marked “Map C of the Carmarthenshire and Pembrokeshire (Clynderwen, Cilymaenllwyd and Henllanfallteg) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“boundary map D” (“ map ffiniau CH ”) means the map prepared by the National Assembly for Wales and marked “Map D of the Carmarthenshire and Pembrokeshire (Clynderwen, Cilymaenllwyd and Henllanfallteg) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“boundary map E” (“ map ffiniau D ”) means the map prepared by the National Assembly for Wales and marked “Map E of the Carmarthenshire and Pembrokeshire (Clynderwen, Cilymaenllwyd and Henllanfallteg) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 (as amended) ;
“Carmarthenshire” (“ Sir Gaerfyrddin ”) means the County of Carmarthenshire;
“Pembrokeshire” (“ Sir Benfro ”) means the County of Pembrokeshire.
Changes in Community Areas
3
1
The community of Clynderwen shown hatched in black on boundary map A is separated from Carmarthenshire and becomes part of Pembrokeshire;
2
The part of the community of Cilymaenllwyd in Carmarthenshire shown hatched in black on boundary map B is separated from that community and forms part of the community of Clynderwen in Pembrokeshire;
3
The part of the community of Clynderwen shown hatched in black on boundary map C is separated from that community and forms part of the community of Cilymaenllwyd in Carmarthenshire;
4
The part of the community of Henllanfallteg in Carmarthenshire shown hatched in black on boundary map D is separated from that community and forms part of the community of Clynderwen.
5
The part of the community of Clynderwen in Pembrokeshire shown hatched in black on boundary map E is separated from that community and forms part of the community of Henllanfallteg in Carmarthenshire.
Signed on behalf of the National Assembly for Wales
E.Hart
Minister for Finance, Local Government and Communities
6th December 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Variation of Admission Arrangements) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the School Standards and Framework Act 1998;
“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined or, where the context requires, proposed to be determined by an admission authority in accordance with section 89A(1) ;
“the relevant committee”, in relation to a maintained school, means the school organisation committee for the area of the local education authority who maintain the school;
“statutory proposals” means proposals published under section 28 .
2
Any reference in these Regulations to a numbered section or Schedule is a reference to that section of, or Schedule to, the Act.
Variation of admission arrangements
3
1
This regulation prescribes for the purposes of section 89(8)(e) the circumstances in which an admission authority, having determined the admission arrangements which are to apply for a particular school year, may (in addition to the circumstances set out in section 89(5)) vary those arrangements.
2
Subject to regulation 4, an admission authority may vary an admission number where such variation is necessary to implement the approval of statutory proposals where —
a
the proposals have been approved under paragraph 3 of Schedule 6, or
b
the local education authority have determined under paragraph 4 of that Schedule to implement the proposals.
Referral of variations to the adjudicator
4
1
Except where paragraph (2) applies, the requirements of section 89(5) and (6) (proposed variation of admission arrangements in view of a major change of circumstances) are to apply to a proposed variation made under regulation 3.
2
The requirements of section 89(5) and (6) shall not apply to an admission authority in relation to the proposed variation of an admission number in any case where the statutory proposals giving rise to that variation have been approved —
a
by the relevant committee under paragraph 3(2)(b) of Schedule 6 without modification of any proposed admission number, or
b
(where paragraph 3(5) or (6) of Schedule 6 applies) by the adjudicator in accordance with paragraph 3(7) of that Schedule,
(whether or not the proposals have subsequently been modified by the adjudicator under paragraph 5(7) of that Schedule) provided in each case that, following such approval, the statutory proposals are not modified in relation to any admission number by the relevant committee pursuant to a request made under paragraph 5(2)(a) of Schedule 6.
David Miliband
Minister of State,
Department for Education and Skills
18th November 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Amendment Regulations 2002 and shall come into force on 28th November 2002.
2
These Regulations extend to England and Wales only.
Amendment of the National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002
2
In regulation 2 of the National Health Service Act 1977 and National Health Service and Community Care Act 1990 (Amendment) Regulations 2002 for “1997” there is substituted “1977”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State
Department of Health
27th November 2002


text:
Citation and Commencement
1
These Regulations may be cited as the Insolvency Practitioners (Amendment) (No.2) Regulations 2002 and shall come into force on 1st January 2003.
Amendment to the Insolvency Practitioners (Amendment) Regulations 2002
2
Regulation 2 of the Insolvency Practitioners (Amendment) Regulations 2002 is amended by —
a
omitting in paragraph (1) the words “Subject to paragraph (2),”; and
b
omitting paragraph (2).
Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
5th November 2002


text:
Citation
1
These Regulations may be cited as the Hydrocarbon Oil (Industrial Reliefs) Regulations 2002.
Commencement
2
These Regulations come into force for the purposes of regulations 5 and 6 on 1st July 2002 and for all other purposes on 1st September 2002.
Interpretation
3
In these Regulations —
“approved furnace operator” means a person approved by the Commissioners for the purposes of section 14(1) of the Oil Act (rebate of duty on light oil delivered for home use for use as furnace fuel);
“approved repayment user” means a person approved by the Commissioners for the purposes of section 9(4) of the Oil Act (repayment of duty where duty paid hydrocarbon oil put to qualifying use);
“approved tied oil trader” means a person approved by the Commissioners for the purposes of section 9(1) of the Oil Act (delivery for home use of hydrocarbon oil without payment of duty);
“duty” means the excise duty charged on hydrocarbon oil by section 6(1) of the Oil Act ;
“the Oil Act” means the Hydrocarbon Oil Duties Act 1979.
Approvals
4
1
The Commissioners may approve a person as an approved furnace operator, an approved repayment user or an approved tied oil trader —
a
individually or by reference to a class,
b
in relation to particular descriptions of hydrocarbon oil or generally, and
c
subject to conditions.
2
Any such approval may be revoked, or the conditions varied, for reasonable cause.
Applications for approval
5
1
The Commissioners may not approve any person individually as an —
a
approved furnace operator,
b
approved repayment user, or
c
approved tied oil trader,
unless he makes application on a form, or forms, provided by the Commissioners for the purpose.
2
The applicant must fully and accurately complete the form of application and deliver it to the Commissioners at the address stated in the form.
Certificates of approval
6
1
The Commissioners must furnish every person approved individually as an —
a
approved furnace operator,
b
approved repayment user, or
c
approved tied oil trader,
with a certificate of approval.
2
Every certificate of approval must contain the following particulars —
a
the name and (if different) the trading name of the person;
b
a unique reference number assigned to the person by the Commissioners;
c
a statement of the approval, or approvals, which the person holds;
d
particulars of the descriptions of hydrocarbon oil to which the approval, or approvals, relates.
3
If the Commissioners revoke an individual approval of a person, he must immediately return his certificate of approval to the Commissioners.
Restriction on supply of rebated and duty free oil
7
1
Tied oil may be supplied only to an approved tied oil trader.
2
“Tied oil” means hydrocarbon oil that the Commissioners permit to be delivered for home use to an approved tied oil trader, without payment of duty in accordance with section 9(1) of the Oil Act.
3
Light oil in respect of which rebate has been allowed under section 14(1) of the Oil Act and not repaid may be supplied only to an approved furnace operator.
Security
8
The Commissioners may grant permission under section 9(1) of the Oil Act subject to conditions as to the giving of security or otherwise.
Claims for repayment
9
Claims by an approved repayment user for repayment of duty —
a
must be made no later than 3 months after the period to which they relate, and that period must not be shorter than 2 months nor longer than 3 years, and
b
shall not lie where the amount to be paid is less than £250.
No drawback allowable where repayment permitted
10
No drawback of duty shall be allowed on any hydrocarbon oil for which a claim for repayment of duty lies under section 9(4) of the Oil Act.
Consequential amendments
11
In the Hydrocarbon Oil Regulations 1973 —
a
in regulation 2, omit the definitions “approved furnace operator” and “approved repayment user”,
b
in regulation 5(1), for the words “under regulation 38” to the end substitute “for the purposes of sections 9 or 14(1) of the Hydrocarbon Oil Duties Act 1979”, and
c
omit regulations 37 to 42.
M J Eland
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London,
SE1 9PJ
5th June 2002