text:
PART I
GENERAL
Citation and commencement
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 2002 and shall come into force on 1st September 2002.
Definitions
2
In these Regulations, unless the context otherwise requires —
“academic authority” means, in relation to an institution, the governing body, or other body having the functions of a governing body and includes a person acting with the authority of that body;
“authority” means a local education authority;
“award” includes either a fees only award or a full award bestowed under these Regulations and any award bestowed under previous Awards Regulations which is an old award;
“ Certificate in Education ” includes a Teacher’s Certificate;
“course”, “designated course”, “sandwich course” and other qualified references to courses have the meanings respectively assigned to them by regulation 4;
“degree” means a degree awarded by a university, institution of higher education in the United Kingdom or the Council for National Academic Awards;
“dependent” means wholly or mainly financially dependent;
“employment” means full-time employment or part-time employment which, in a normal week, involves a significant number of hours of work and “employed” shall be construed accordingly, and for the purposes hereof the references to employment include references to the holding of any office and to any occupation for gain;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“ EEA migrant worker” has the meaning assigned to it in regulation 5;
“ European Community ” means the area comprised by the member states of the European Community (including the United Kingdom) as constituted from time to time;
“ European Economic Area ” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway, and the Principality of Liechtenstein;
“European student” means a person who is a national of a member state of the European Community or the child of such a national who has not been ordinarily resident in the British Islands as described in regulation 13(1)(a) and (b) or who is not settled in the United Kingdom as described in regulation 13(1)(c);
“fees only award” means an award bestowed only in respect of fees described in Schedule l;
“full award” means an award bestowed in respect of both fees described in Schedule 1 and a maintenance grant;
“high cost country” means … Japan and Switzerland;
…
“independent student” has the meaning assigned to it by regulation 3;
“institution” means an educational institution in the United Kingdom providing further or higher education or both, or providing a course which qualifies for funding under Part I of the Education Act 1994 ;
“maintenance grant” has the meaning assigned to it by regulation 17;
“Metropolitan Police District” means the areas referred to in section 76(1) of the London Government Act 1963 as it had effect prior to its amendment by section 323 of the Greater London Authority Act 1999 ;
“old award” means an award bestowed under previous Awards Regulations which is an old award within the meaning of the Education (Mandatory Awards) Regulations 1998 ;
“overseas institution” means an educational institution outside the United Kingdom providing further or higher education or both;
“periods of experience”, “prescribed proportion” and “sandwich year”, in relation to a sandwich course, have the meanings respectively assigned to them by paragraph 1 of Schedule 5;
“previous Awards Regulations” means Regulations made under section 1 of the Education Act 1962 and revoked either by regulation 6 or before the coming into force of these Regulations;
“refugee” means a person who is recognized by Her Majesty’s Government as a refugee within the meaning of the United Nations Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by the Protocol thereto which entered into force on 4th October 1967 and any reference to the child of a refugee includes a reference to a person adopted in pursuance of adoption proceedings and a step-child;
“statutory award” means any award bestowed or grant paid by virtue of the Education Act 1962 or any comparable award, grant or other payment made in respect of attendance at a course which is paid out of moneys provided by Parliament;
“student” means a person upon whom an award has been bestowed under these Regulations or previous Awards Regulations;
“university” means a university in the United Kingdom and includes a university college and a constituent college, school or hall of a university;
“year”, in relation to a course, means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according as the academic year of the course in question begins in the winter, the spring, the summer or the autumn respectively; and references to the first or the final year of a designated course shall be construed accordingly.
References to independent students
3
1
In these Regulations “independent student” means a student who —
a
has attained the age of 25 years before the beginning of the year for which payments in pursuance of his award fall to be made; or
b
has supported himself out of his earnings for periods before the first year of his course aggregating not less than three years; or
c
has been married before the beginning of the year for which payments in pursuance of his award fall to be made whether or not the marriage is still subsisting; or
d
has no parent living; or
e
is irreconcilably estranged from his parents.
2
For the purposes of paragraph (1)(b) a student shall be treated as having supported himself out of his earnings for any period or periods for which —
a
he was participating in arrangements for training for the unemployed under any scheme operated, sponsored or funded by any state authority or agency, national, regional or local;
b
the student was in receipt of benefit payable by any state authority or agency, national, regional or local, in respect of a person who is available for employment but who is unemployed;
c
the student was available for employment and had complied with any requirement of registration imposed by a body referred to in paragraphs (a) and (b) as a condition of entitlement for participation in arrangements for training or receipt of benefit; or
d
the student held a State Studentship or comparable award; or
e
the student received any pension, allowance or other benefit paid by reason of a disability to which the student is subject, or by reason of confinement, injury or sickness, paid by any state authority or agency, national, regional or local, by an employer or any former employer, or by any other person; or
f
the student could not reasonably have been expected to support himself out of his earnings because he had the care of a person under the age of 18 years who was dependent upon him.
3
For the purposes of paragraph (1)(e) a student shall be regarded as irreconcilably estranged from his parents if, but not only if, he has not communicated with either one of them for the period of one year before the beginning of the year for which payments in pursuance of his award fall to be made.
4
In this regulation “parent” shall have the same meaning as in Part II of Schedule 3 to these Regulations.
References to courses
4
1
In these Regulations any reference to a designated course shall be construed as a reference to a course designated by or under regulation 10 and, in relation to any person, any reference to such a course (otherwise unqualified) shall, as the context requires, be construed as a reference to a designated course which the person in question attends or has applied to attend; and, in relation to any designated course except one designated under regulation 10(1)(d), any reference to a course shall be construed as a reference to either a course of full-time study or a sandwich course.
2
In these Regulations any reference to a first degree course, a DipHE course, an HND course, a course of initial training for teachers, a course comparable to a first degree course or an international course shall be construed in accordance with regulation 10.
3
In these Regulations any reference to a sandwich course shall be construed as a reference to such a course within the meaning of paragraph 1 of Schedule 5.
4
In these Regulations, any reference to a course of higher education shall be construed in accordance with section 120(1) of the Education Reform Act 1988 .
5
For the purposes of these Regulations a course the standard of which is not higher than a first degree course which leads to a qualification as a medical doctor, a dentist, a veterinary doctor, an architect, a landscape architect, a landscape designer, a landscape manager, a town planner or a town and country planner shall be considered to be a single course for a first degree or for an equivalent qualification notwithstanding that the course may lead to another degree or qualification being conferred before the degree or equivalent qualification, and notwithstanding that part of the course may be optional.
General construction and interpretation
5
1
In these Regulations, references to payments made to a student include references to payments made to the academic authority or to a third party in respect of the student by virtue of regulation 24(5).
2
In calculating a person’s income for any year any reduction for income tax is to be made by calculating the tax payable on the income received in that year as if the year were a year of assessment for the purposes of the relevant tax legislation (the necessary apportionment being made in any case where the relevant provisions of that legislation change during the year).
3
For the purposes of these Regulations a person’s marriage is to be treated as having been terminated, not only by the death of the other spouse or the annulment or dissolution of the marriage by an order of a court of competent jurisdiction, but also by virtue of the parties to the marriage ceasing ordinarily to live together, whether or not an order for their separation has been made by any court.
4
A person shall be treated for the purposes of regulation 13 as ordinarily resident in the British Islands or in the European Economic Area, if the authority are satisfied that he would have been so resident at the relevant time but for the fact that he, his spouse, his parent, guardian, any other person having parental responsibility for him, or any person having care of him while he is a child, is, or was, temporarily employed outside the British Islands or, as the case may be, outside the European Economic Area and paragraph (1)(b) of regulation 13 shall not apply in the case of such a person. Without prejudice to the foregoing, members of the regular naval, military or air forces of the Crown shall be treated as being temporarily employed within the meaning of this paragraph for any period during which they serve outside the British Islands as members of such forces.
5
For the purposes of these Regulations an area which —
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
6
In these Regulations a reference to an EEA migrant worker is a reference to a person who is a national of a member State of the European Economic Area who has taken up an activity as an employed person in the United Kingdom —
a
under Council Regulation ( EEC ) No. 1612/68 on freedom of movement for workers within the Community, as extended by the EEA Agreement ; or
b
in circumstances where as a national of the United Kingdom he has an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of the above mentioned Council Regulation.
7
Except where the context otherwise requires, in these Regulations any reference to a regulation or a Schedule is a reference to a regulation contained herein or a Schedule hereto and a reference in a regulation or a Schedule to a paragraph is a reference to a paragraph of that regulation or Schedule, and a reference in a paragraph to a sub-paragraph is a reference to a sub-paragraph thereof.
Revocations and transitional provisions
6
1
The Regulations listed in Schedule 6 are hereby revoked.
2
Without prejudice to section 17(2)(b) of the Interpretation Act 1978 and the definition of “award” in regulation 2, an old award bestowed in pursuance of previous Awards Regulations before the coming into force of these Regulations, in so far as it could have been bestowed in pursuance of these Regulations, shall, for the purposes thereof, be treated as having been so bestowed.
3
Subject to paragraph (4), where the current academic year of a student’s course began in the winter or spring of 2002 then, notwithstanding anything in these Regulations, payments in pursuance of an old award in respect of the year beginning on 1st January or, as the case may be, 1st April 2002 shall be the aggregate of —
a
two-thirds or, as the case may be, one-third of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 2001 had they not been revoked, and
b
one-third or, as the case may be, two-thirds of the payments which would have fallen to be made in respect of the year beginning on 1st September 2002 under these Regulations had the academic year of his course begun in the autumn of 2002 .
4
In the case of a course at the University of Buckingham beginning in the winter, spring or summer of 2002 then, notwithstanding anything in these Regulations, payments in pursuance of an old award in respect of the year beginning on 1st January, 1st April or 1st July (as the case may be) shall be the aggregate of —
a
three-quarters, one-half or one-quarter (as the case may be) of the payments which would have fallen to be made in respect of that year under the Education (Mandatory Awards) Regulations 2001 had they not been revoked, and
b
one-quarter, one-half or three-quarters (as the case may be) of the payments which would have fallen to be made in respect of the year beginning on 1st September 2002 under these Regulations had the academic year of the course begun in the autumn of 2002 .
5
Where an award was bestowed on a student under section 2 of the Education Act 1962 (“the discretionary award”) in respect of a course to which section 1 of that Act did not then apply but the course becomes or has become a designated course and an award within the meaning of these Regulations is or has been bestowed on the student in respect of that course (“the mandatory award”) then, if the discretionary award continues to be payable it shall be disregarded in calculating the student’s income for the purposes of regulation 18(1)(b); but payments on account of the mandatory award in respect of fees and in respect of maintenance for any period shall be respectively reduced or extinguished by those on account of the corresponding element of the discretionary award.
…
6
Where —
a
an award was bestowed on a person pursuant to previous Awards Regulations in respect of his attendance at a course during an academic year beginning before 1st September 1997, and
b
the person immediately after ceasing to attend that course (disregarding any intervening vacation) begins to attend another course
an authority shall not be excepted from the duty to bestow an award in respect of the person’s attendance at the second course by the application of the exception relating to settlement in the United Kingdom found in regulation 13(1)(c).
PART II
AWARDS
Duty to bestow an award
7
1
Subject to paragraph (2), in pursuance of section 1(1) of the Education Act 1962 it shall be the duty of an authority, subject to the conditions and exceptions hereinafter provided, to bestow —
a
a full award in respect of a person’s attendance at a designated course within the meaning of these Regulations during an academic year beginning after 31st August 2002 if —
i
the person concerned is ordinarily resident in the authority’s area within the meaning of section 1 of the said Act of 1962 and Schedule 1 thereto, read with these Regulations, and
ii
the duty is not owed to the person only because he is a European student;
b
where paragraph (a) does not apply, a fees only award in respect of a person’s attendance at a designated course at an institution in England or Wales during an academic year beginning after the 31st August 2002 if the person is a European student and the institution at which he attends his course is within the area of the authority.
2
The duty of an authority to bestow an award in pursuance of section 1(1) of the Education Act 1962, which was repealed with transitional and saving provisions on 1st January 1999 by section 44(2) of and Schedule 4 to the Teaching and Higher Education Act 1998 , shall apply only to the extent provided for in articles 3 and 4 of the Teaching and Higher Education Act 1998 (Commencement No. 4 and Transitional Provisions) Order 1998, that is, in respect of a person’s attendance at a course which is —
a
a first degree course where —
i
the person begins to attend the course immediately after ceasing to attend a DipHE course or an HND course (disregarding any intervening vacation), and
ii
an award bestowed on him in respect of his attendance at the DipHE or HND course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed;
b
subject to paragraphs (3) and (4), a postgraduate course for the initial training of teachers where —
i
the person begins to attend the course immediately after ceasing to attend a first degree course (disregarding any intervening vacation), and
ii
an award bestowed on him in respect of his attendance at the first degree course was an old award, or where no award was bestowed an award would have been an old award if it had been bestowed;
c
a course the first year of which began before 1st September 1999.
3
The authority shall not be under a duty to bestow a fees only award where the student is attending a flexible postgraduate course for the initial training of teachers, and for the purposes of this regulation “flexible postgraduate course for the initial training of teachers” means a course of initial teacher training, which has been approved by the Teacher Training Agency , the length and pattern of which is determined by the student’s experience and training requirements.
4
The authority shall not be under a duty to bestow a maintenance grant where the student is attending a flexible postgraduate course for the initial training of teachers which is of less than one year’s duration.
Modification of provisions for determining ordinary residence
8
1
This regulation shall have effect for modifying paragraph 2 of Schedule 1 to the Education Act 1962.
2
A person who, apart from this regulation, would be treated by virtue of that paragraph as having been ordinarily resident in the area of more than one authority within the period of 12 months ending with the date of the beginning of the course shall be treated as being ordinarily resident in the area of the authority in which he was so resident on the last day of the month of October, February, April, or June (according as the academic year of the course begins in the winter, the spring, the summer or the autumn respectively) preceding the beginning of the course.
3
A person who, apart from this regulation, would be treated by virtue of that paragraph as being ordinarily resident in the area of the authority in which he attends his course as a result of having moved from Scotland, Northern Ireland, the Channel Islands or the Isle of Man to become ordinarily resident in the area of an authority for the purpose of attending his current course or such previous course as is mentioned in regulation 8 of the Education (Areas to which Pupils and Students Belong) Regulations 1996 shall be treated as being ordinarily resident in the place from which he has moved.
No area students
9
A person who, apart from this regulation, would by virtue of paragraph 2 of Schedule 1 to the Education Act 1962 fall to be treated for the purposes of section 1 of that Act as not being ordinarily resident in the area of any authority shall be treated for the purposes of that section as ordinarily resident in the area of the authority in which the institution providing his course is situated.
Designated courses
10
1
The following courses are hereby designated —
a
a first degree course, that is to say —
i
a course provided by a publicly funded institution for a first degree or for the degree of Bachelor of Medicine or an equivalent degree;
ii
a course provided by the University of Buckingham for a first degree of that university;
iii
an international course, that is to say a course provided by a publicly funded institution in conjunction with an overseas institution for a first degree;
iv
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for a first degree or for the degree of Bachelor of Medicine or an equivalent degree, which is for the time being designated for the purposes of this provision by the Secretary of State;
b
a DipHE course, that is to say —
i
a course provided by a publicly funded institution for the Diploma of Higher Education;
ii
a course provided by a publicly funded institution for the Diploma of Higher Education or a first degree as the student may elect after the commencement of the course;
iii
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Diploma of Higher Education which is for the time being designated for the purposes of this provision by the Secretary of State;
c
an HND course, that is to say —
i
a course provided by a publicly funded institution for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council;
ii
a course provided by a publicly funded institution in conjunction with a private institution, or by a private institution, for the Higher National Diploma or the Higher National Diploma of the Business & Technology Education Council, which is for the time being designated for the purposes of this provision by the Secretary of State;
d
a course of initial training for teachers, that is to say —
i
a full-time course for the initial training of teachers (other than a course for the degree of Bachelor of Education) provided by a publicly funded institution, or, where a private institution is an eligible institution as defined by section 4(2) of the Education Act 1994 , by a public institution in conjunction with such a private institution, or by such a private institution;
ii
a part-time course of teacher training, involving not less than 3 days' attendance for the purposes of study or teaching practice during each of at least 30 weeks during each year of the course, for the time being designated for the purposes of this provision by the Secretary of State;
iii
any other course of teacher training, whether full-time, part-time or partly full-time and partly part-time, for the time being so designated;
e
a course comparable to a first degree course, that is to say —
i
a course of at least three academic years' duration provided by a university or universities for a certificate, diploma, or other academic award; or
ii
a course for the time being designated for the purposes of this provision by the Secretary of State.
2
In this regulation a reference to a publicly funded institution is a reference to an institution or institutions which are maintained or assisted by recurrent grants out of public funds, and a reference to a private institution is a reference to an institution or institutions which are not so maintained or assisted.
3
For the purposes of paragraph (1)(d) a full-time course is a course involving not less than 30 weeks' full-time attendance for the purposes of study or teaching practice during each year of the course, a part-time course is a course involving periods of attendance for those purposes all of which are part-time, and a partly full-time and partly part-time course is any other course.
4
In paragraphs (1)(d)(ii) and (3) in relation to a course provided at the University of Oxford or Cambridge a reference to a period of 30 weeks shall have effect as a reference to a period of 25 weeks.
Conditions
11
1
Subject to paragraph (2), the duty of an authority to bestow an award shall be subject to the conditions that —
a
an application in writing reaches the authority not later than four months after the date of the beginning of the course; and
b
the applicant gives the authority a written undertaking that, where any provisional or other payments made in pursuance of the award in respect of a year exceed (for whatever reason) the grant payable in respect of that year, he will, if called upon to do so, repay the excess amount.
2
For the purposes of paragraph (1)(a), an application shall be treated as having reached the authority as there mentioned —
a
where, to the knowledge of the authority, an application has so reached some other authority;
b
where, not later than four months after the date of the beginning of the course, it has not become a designated course and the application reaches the authority not later than four months after the date on which it becomes a designated course;
c
in the case of a person who becomes a European student as a result of the accession of the State of which he is a national to the European Community, where the application reaches the authority not later than four months after the date of the accession;
d
in the case of a refugee, or the spouse or child of a refugee, where the application reaches the authority not later than four months after the date on which the refugee was recognized as a refugee; or
e
where, having regard to the circumstances of the particular case, the authority consider that it should be so treated.
3
If the applicant is a minor, paragraph (1)(b) shall have effect, with the necessary modifications, as if the references to the applicant were references to the applicant or his parent.
Exceptions relating to attendance at previous courses
12
1
An authority shall not bestow an award on a person in respect of his attendance at a course if it is their duty under regulation 14 to transfer an award already bestowed on him so that it is held in respect of his attendance at that course.
2
Subject to paragraphs (4), (5) and (7) an authority shall not be under a duty to bestow an award on any person where he has previously attended —
a
a course designated under regulation 10(1)(a); or
b
one or more courses of higher education the aggregate duration of which exceeds two academic years (a part-time course being treated as its full-time equivalent).
3
An authority shall not be under a duty to bestow an award on any person in respect of his attendance at any course designated by or under regulation 10(l)(b) or (c) if he has previously attended any other course designated by or under regulation 10(1).
4
A previous course shall be disregarded for the purposes of paragraph (2) if it was provided by a college providing long term residential courses of full-time education for adults which is specified in regulation 7 of the State Awards Regulations 1978 .
5
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person in respect of his attendance at —
a
a postgraduate course for the initial training of teachers unless he has —
i
previously attended such a course, or
ii
successfully completed a course for the degree of Bachelor of Education (or a comparable first degree or award of an institution or the Council for National Academic Awards) which is referred to in paragraph (6);
b
a course for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution or the Council for National Academic Awards) the duration of which does not exceed two years and which is referred to in paragraph (6) unless he has previously attended —
i
such a course, whether or not its duration exceeded two years, or
ii
a postgraduate course for the initial training of teachers;
c
a full-time course of initial training as a teacher of one year’s duration, or a comparable part-time course, not within sub-paragraphs (a) or (b), unless he has for more than three years held a statutory award in respect of his attendance at a full-time course of higher education or a comparable course outside England and Wales.
6
A course is referred to in this paragraph if the successful completion of it resulted or results in the person completing it being a qualified teacher within the meaning of section 218(2)(a) of the Education Reform Act 1988 .
7
Nothing in paragraph (2) shall affect the duty of an authority to bestow an award on a person who —
a
attends a course having previously attended a designated course in respect of which he received payments of the kind described in regulation 23 in pursuance of section 63 of the Health Services and Public Health Act 1968 or article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 in respect of the courses referred to therein; and
b
has not attended any other course of higher education;
provided that the requirements of regulation 14(1)(a) or (b) are satisfied, the payments referred to in sub-paragraph (a) above being treated as an award bestowed in respect of a course.
8
In this regulation any reference to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience.
9
For the purposes of this regulation a person shall not be treated as having previously attended a course by reason only of his having attended from its beginning the course to which his application for an award relates.
10
For the purposes of this regulation a person shall only be treated as having attended a course if he has both attended and held a statutory award in respect of either more than one course or one course for a period longer than twenty weeks; and it is hereby declared that any reference to a person having attended a course shall be construed as a reference to his having done so before or after the coming into force of these Regulations.
11
For the purposes of this regulation where an award has been transferred under regulation 14 the student on whom the award has been bestowed shall be treated as having attended only the new course, and the duration of that course shall be treated as the aggregate of the period spent following the previous course and the period which the student in question would ordinarily require for the completion of the new course, in the case of either course being a sandwich course ignoring any periods of experience.
Other exceptions
13
1
An authority shall not be under a duty to bestow an award in respect of a person’s attendance at a course if —
a
he has not been ordinarily resident, throughout the three years preceding the first year of the course in question, in the British Islands or, in the case of such a person as is mentioned in paragraph (3), who has not been so resident in the European Economic Area; or
b
his residence in the British Islands or, in the case of such a person as is mentioned in paragraph (3), in the European Economic Area, has during any part of the period referred to in sub-paragraph (a) been wholly or mainly for the purposes of receiving full-time education; or
c
he is not settled in the United Kingdom within the meaning of the Immigration Act 1971 at the beginning of the first year of the course in question, unless he is such a person as is mentioned in paragraph (3); or
d
he has, in the opinion of the authority, shown himself by his conduct to be unfitted to receive an award.
2
Paragraph (1)(a) to (c) shall not apply in the case of a refugee, ordinarily resident in the British Islands, who has not ceased to be so ordinarily resident since he was recognized as a refugee, or in the case of the spouse or child of such a refugee, and paragraph (1)(c) shall not apply in the case of a person who —
a
has been informed in writing by a person acting under the authority of the Secretary of State for the Home Department that, although he is considered not to qualify for recognition as a refugee, it is thought right to allow him to enter or remain in the United Kingdom,
b
has been granted leave to enter or remain accordingly, and
c
has been ordinarily resident in the British Islands throughout the period since he was granted leave to enter or remain
or in the case of the spouse or child of such a person.
3
The person referred to in paragraph (1)(a) to (c) is —
a
a European student,
b
an EEA migrant worker who is entitled to the payment of an award by virtue of Article 7(2) or (3) of Council Regulation (EEC) No. 1612/68 on freedom of movement of workers within the Community, as extended by the EEA Agreement , or, where he is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than a national of another member State in relation to matters which are the subject of Article 7(2) and (3);
c
the spouse of an EEA migrant worker who is installed in the United Kingdom with his spouse, or
d
the child of an EEA migrant worker who is entitled to the payment of an award by virtue of Article 12 of the above mentioned Council Regulation, or where his migrant worker parent is a national of the United Kingdom, by virtue of an enforceable Community right to be treated no less favourably than the child of a national of another member State in relation to matters which are the subject of Article 12.
4
In paragraph (3), “parent” includes a guardian, any other person having parental responsibility for a child and any person having care of a child, and “child” shall be construed accordingly.
Transfer of awards
14
1
An award shall be transferred by the authority at the request of a student so as to be held in respect of attendance at a course other than that in respect of which it is held in any case where —
a
on the recommendation of the academic authority the student starts to attend another course at the institution;
b
with the … consent of the academic authority of the institution concerned … the student starts to attend a course at another institution;
c
after commencing a course for the Certificate in Education, the student is, on or before the completion of that course, admitted to a course for the degree of Bachelor of Education;
d
after commencing a course for the degree (other than an honours degree) of Bachelor of Education, the student is, on or before the completion of that course, admitted to a course for the honours degree of Bachelor of Education; or
e
after commencing a course for a first degree (other than an honours degree) the student is, before the completion of that course, admitted to a course for an honours degree in the same subject or subjects at the institution.
…
2
For the purposes of the duty of an authority to transfer an award in pursuance of paragraph (1)(c) or (d) it shall be immaterial whether or not the two courses are provided by the same institution.
Termination of awards
15
1
An award shall terminate on the expiry of the period ordinarily required for the completion of the course:
Provided that —
if the academic authority refuse to allow the student to complete the course, the authority shall terminate the award forthwith;
if the student does not complete the course within the period ordinarily required, the authority —
may extend the award until the student has completed the course, and
shall extend it for a period equivalent to any period in respect of which they have made any payment under regulation 25(1).
2
The authority may, after consultation with the academic authority, terminate an award if they are satisfied that the student has either —
a
abandoned the course in respect of which it is held and the award does not fall to be transferred in pursuance of regulation 14; or
b
shown himself by his conduct to be unfitted to hold the award.
Supplementary provisions
16
The authority may require the student to provide from time to time such information as they consider necessary for the exercise of their functions under this Part, and if in the case of any student the authority are satisfied that he has wilfully failed to comply with any such requirement or has provided information which he knows to be false in a material particular or has recklessly provided information which is false in a material particular, they may terminate the award or withhold any payments due under it as they see fit.
PART III
PAYMENTS
Payments
17
1
Subject to regulations 16, 20, 21, 22, 23, 25 and 26, the authority shall in respect of each year pay in pursuance of an award —
a
in respect of fees, a sum equal to the aggregate of any such fees payable in respect of the student as are described in Schedule 1, less —
i
the amount if any by which the student’s resources exceed his requirements for the purposes of regulation 18(1) (whether or not a maintenance grant is calculated under sub-paragraph (b)), or
ii
the amount of any income referred to in paragraph 1(1)(b) of Schedule 3 which is not disregarded under that paragraph,
whichever is the less;
b
where the award is a full award, in respect of maintenance a sum calculated in accordance with regulation 18.
2
The aggregate of any sums paid in respect of maintenance shall be called the “maintenance grant”, and so much of the maintenance grant as appears to the authority to be appropriate shall be treated as being in respect of the Easter and Christmas vacations.
Calculation of grant
18
1
Subject to paragraph (2) the sum mentioned in regulation 17(1)(b) shall be the amount by which the student’s resources fall short of his requirements and for the purposes of ascertaining that amount —
a
the requirements of the student shall be taken to be the aggregate of the amounts specified in Schedule 2 other than those specified in paragraphs 9 and 10 as are applicable in his case; and
b
the resources of the student shall be taken to be the aggregate of his income for the year calculated in accordance with Part I of Schedule 3 and any contribution applicable in his case by virtue of Part II or III of that Schedule.
2
There shall be added to the sum referred to in regulation 17(1)(b) the amount of any supplementary requirements of the student specified in paragraphs 9 and 10 of Schedule 2, less such part of any amount subtracted in accordance with regulation 17(1)(a) as is not required to reduce the amount payable in respect of fees to nil.
3
This regulation and Schedules 2 and 3 shall have effect —
a
in the case of such a student as is mentioned in Schedule 4, subject to the provisions thereof; and
b
where regulation 20 applies, subject as therein provided.
Assessment of requirements and resources
19
The requirements and resources of a student shall be assessed by the authority and, for the purpose of the exercise of their function under this regulation, the authority shall require the student to provide from time to time such information as they consider necessary as to the resources of any person whose means are relevant to the assessment of his requirements and resources.
Sandwich courses
20
1
This regulation shall apply where the course is a sandwich course unless —
a
the student is a member of a religious order and regulation 21 applies; or
b
the course is a course for the initial training of teachers designated under regulation 10(1)(d).
2
For the purpose of calculating payments under regulation 17 in respect of a sandwich year, that regulation and Schedules 2 and 3 shall have effect subject to the provisions of Schedule 5; but no payments in respect of maintenance shall be made in respect of a year in which there are no periods of full-time study.
Members of religious orders
21
1
This regulation shall apply where the student is a member of a religious order (“the Order”) unless the course is a course of teacher training designated under regulation 10(1)(d)(iii) and regulation 22 applies.
2
The payment in respect of maintenance under regulation 17(1)(b) in the case of a student upon whom an old award has been bestowed shall be the sum specified as appropriate in paragraph (3) or (4):
Provided that —
where the course is a sandwich course, the payment in respect of a sandwich year shall be the prescribed proportion of the sum otherwise payable in respect of maintenance and no payment shall be made in respect of a year which includes no periods of full-time study;
where the course is a part-time course of teacher training designated under regulation 10(1)(d)(ii), the payment shall be three-quarters of the sum so specified.
3
In the case of a student who resides at his parents' home or in a house of the Order, the appropriate sum shall be £770 .
4
In the case of any other student, the appropriate sum shall be £1,050 except that —
a
if he attends a course at the University of London or at an institution within the area comprising the City of London and the Metropolitan Police District it shall be £1,315 ;
b
if he attends as part of his course an overseas institution, it shall be —
£1,515 if the institution is in a high cost country; or
£1,135 if the institution is in any other country.
…
5
In this regulation “prescribed proportion” shall have the same meaning as in Schedule 5 to these Regulations.
Courses of teacher training
22
1
This regulation shall apply —
a
where the course is a part-time course of teacher training designated under sub-paragraph (d)(ii) or (d)(iii) of regulation 10(1); or
b
where it is a partly full-time and partly part-time course designated under the said sub-paragraph (d)(iii),
unless the student is a member of a religious order, the course is a part-time course of teacher training designated under the said sub-paragraph (d)(ii) and regulation 21 applies.
2
Where the course is designated under the said sub-paragraph (d)(ii), the payment in respect of maintenance under regulation 17(1)(b) shall be a grant equal to three-quarters of the sum otherwise payable.
3
Subject to the following paragraphs, where the course is designated under the said sub-paragraph (d)(iii), the said payment under regulation 17(1)(b) shall be —
a
in a year in which the student’s periods of attendance are all periods of full-time attendance or in which his aggregate period of full-time attendance is 30 weeks or more, the maintenance grant;
b
in a year in which the student’s periods of attendance are all periods of part-time attendance, in the case of an old award, the sum of £325;
c
in any other year, a sum equal to the aggregate of —
i
the proportion of the maintenance grant which the student’s aggregate period of full-time attendance in the year, expressed in weeks, bears to 30, and
ii
in the case of an old award the proportion of £325 which the difference between the said aggregate period and 30 weeks bears to 30.
4
In relation to a student employed full-time as a teacher, paragraph (3) shall have effect except in such a year as is mentioned in sub-paragraph (a) thereof, as if it provided that the said payment under regulation 17 should be £90;
5
In relation to a student attending a course provided at the University of Oxford or Cambridge, sub-paragraphs (a) and (c) of paragraph (3) shall have effect as if any reference therein to —
a
a period of 30 weeks were a reference to a period of 25 weeks; and
b
the proportion which a period expressed in weeks bears to 30 were a reference to the proportion which that period bears to 25.
6
For the purposes of this regulation a day shall be reckoned as a seventh of a week, and “attendance” means attendance for the purposes of study or teaching practice.
Assisted Students
23
Notwithstanding anything in the preceding provisions of these Regulations, no payment under regulation 17 shall be made to a person in respect of any year in respect whereof he receives any payment in pursuance of any bursary or award of similar description bestowed on him in pursuance of section 63 of the Health Services and Public Health Act 1968 or article 44 of the Health and Personal Social Services (Northern Ireland) Order 1972 in respect of a course in nursing, occupational therapy, orthoptics, physiotherapy, radiography, midwifery, speech and language therapy, chiropody, dietetics or prosthetics and orthotics.
Method of payment
24
1
Subject to paragraphs (2) to (6), the authority shall make any payment due under these Regulations in such instalments (if any) and at such times as they consider appropriate: and in the exercise of their functions under this paragraph the authority may in particular make provisional payments pending the final calculation of the award.
2
Subject to paragraphs (3) and (4), the authority shall pay such fees as are described in Schedule 1 promptly when a valid request for payment in respect thereof has been received.
3
Fees described in paragraphs (i), (ii), (iv), (v), (vi) and (viii) of Schedule 1 shall be paid during the period of 10 weeks which begins after the expiry of 3 months from the beginning of the year except in respect of a student who becomes eligible for an award after 1st September 1999 in respect of a course that began before 1st September 1998, in which case fees shall be paid as soon as reasonably practicable thereafter.
4
Fees described in paragraphs (iii) and (vii) of Schedule 1 shall be paid in the number of instalments mentioned therein after the first dates on which the student is required to attend his course after 1st January, 1st April, 1st July and 1st September respectively, beginning with a payment after the first date on which he is required to attend after the beginning of the year of the course, and continuing with payments after the next such first dates on which he is required to attend, until all the instalments which are payable for the year have been paid.
5
All payments shall be made to the student, except —
a
payment of the fees described in Schedule 1 may be made to the academic authority, and
b
where amounts specified in paragraph 9 or 10 of Schedule 2 are payable to him on his written instruction payment in respect of his maintenance grant may be made to a third party.
6
Without prejudice to regulation 26 or the recovery of an over-payment by way of a deduction from a subsequent payment, any over-payment or under-payment made in pursuance of this regulation shall be adjusted by payment between the student or, as the case may be, the academic authority and the authority.
Reduced entitlement to payments
25
1
In respect of any period during which the student repeats any part of his course, the authority shall not be required to make any payments under regulation 17 but may pay in pursuance of the award such sums (if any) as they consider appropriate, being sums not exceeding the amount of any payments that would, apart from this regulation, be payable to that student in respect of that period.
2
Subject to paragraph (3), paragraph (4) shall apply in the case of a student who —
a
has previously attended a course of higher education being —
i
a course of up to two academic years' duration, in the case of one designated by or under regulation 10(1), or
ii
a course of two academic years' duration, in the case of one not so designated, or
b
has previously successfully completed a part-time course corresponding to such a course as is mentioned above
(“the previous course”), and who holds an award bestowed so as to be held, in respect of a course designated by or under regulation 10(1)(a), (d) or (e) being a course of more than one year’s duration (“the current course”).
3
Paragraph (4) shall not apply if the current course is for the degree of Bachelor of Education (or a comparable first degree or academic award of an institution) and a subject thereof is —
a
physics, chemistry or biology (or a combination of those subjects); or
b
mathematics; or
c
design and technology; or
d
information technology; or
e
a modern foreign language or languages; or
f
Welsh; or
g
religious education; or
h
music; or
i
geography; or
j
some other subject the study of which the authority are satisfied fits a person to teach in schools any of the above-mentioned subjects.
4
Where this paragraph applies, the authority shall only be required to make payments under regulation 17 in pursuance of the award in respect of the current course —
a
where that course is of not more than two years' duration, in respect of the final year of the student’s course;
b
where that course is of a greater number of years' duration, in respect of the last two years of the student’s course;
but, in respect of any other year of the student’s current course, they may make such payments as they consider appropriate not exceeding those which would, apart from this regulation, have been payable under regulation 17 as aforesaid.
5
In paragraphs (2) and (4) any reference —
a
to the duration of a course is a reference to the period ordinarily required for its completion by a student who is not excused part of the course on account of his having attended a previous course, in the case of a sandwich course ignoring any periods of experience;
b
to the final year or years of a student’s course is, in the case of a student so excused part of the course, a reference thereto after taking account of the consequential reduction in the duration of his course; and
c
to a person’s having attended a course shall be construed as provided in regulation 12(9) and (10).
6
Where the authority have come under a duty to bestow an award on a person during a year because he has become —
a
a European student as a result of the accession of the State of which he is a national to the European Community, or
b
a refugee, or the spouse or child of a refugee, as a result of the recognition of him, or his spouse or parent, as a refugee,
they shall deduct from the sums and grant payable in respect of that year in pursuance of the award under regulation 17 the amounts referred to in paragraph (8).
7
Where a student is participating in the action scheme of the European Community for the mobility of university students known as ERASMUS and
a
his course is an international course, and
b
all the periods of study during a year are at an institution outside the United Kingdom
no sum shall be payable in respect of fees under regulation 17(1)(a) in respect of that year.
8
The amounts to be deducted under paragraph (6) are —
a
from the sum payable in respect of fees under regulation 17 any amount payable before the date on which the student became a European student or the refugee was recognized as a refugee, and
b
from the sum or grant payable in respect of maintenance under regulation 17 the proportion of that sum or grant which relates to the period before the date referred to in sub-paragraph (a).
9
Where an award has been transferred by the authority under regulation 14(1)(a) or (b) and —
a
the requisite recommendation or consent to the transfer is given after the expiry of four months after the end of the first year of the course in respect of which the award was originally bestowed (“the previous course”), and
b
the authority are not satisfied, after consulting the academic authority or authorities concerned, that the fact that the requisite recommendation or consent was given after the expiry of the period specified in sub-paragraph (a) was due only to the need to apply through a clearing admission system, and
c
the authority are satisfied, after consulting the academic authority or authorities concerned, that the period which the student in question will ordinarily require for the completion of the course which he now attends (“the current course”) will expire later than the period which he would have required for the completion of the previous course
then the authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (10).
10
The period referred to in paragraph (9) is the period which begins on the first day the student attends the current course and which ends after the number of weeks mentioned in paragraph (11).
11
The number of weeks referred to in paragraph (10) is the difference between the number of weeks from the beginning of the current course which the student in question will ordinarily require to complete it and the number of weeks from the same date which he would have required to complete the previous course.
12
Where an award has been transferred under regulation 14(1)(c) or (d) so as to be held in respect of a student’s attendance at a course for the degree of Bachelor of Education (“the current course”) if the period which the student in question would ordinarily require for the completion of the current course, when aggregated with the period for which the student has already pursued a course in respect of which the award was held (“the overall period of study”), exceeds —
a
five years where the current course is for the honours degree of Bachelor of Education; or
b
four years where the current course is for that degree not being an honours degree
(“the prescribed period of study”) then the authority shall not make payments otherwise due under regulation 17 in respect of the current course in respect of the period mentioned in paragraph (13).
13
The period referred to in paragraph (12) is the period beginning on the first day on which the student attends the current course and continues for the number of weeks mentioned in paragraph (14).
14
The number of weeks referred to in paragraph (13) is the number of weeks by which the overall period of study exceeds the prescribed period of study.
15
In determining the period ordinarily required to complete a course for the purposes of paragraph (9), (11) or (12) there shall be included vacations, and any period until the end of the final year of the course, but there shall be ignored —
a
in each case, periods of experience which are part of a sandwich course, and
b
in the case of the previous course any period during which the student would now be required by the academic authority to repeat part of the course, if the authority would not make any payments for maintenance in respect of that period under paragraph (1).
16
For the purposes of paragraphs (9) and (12) a payment is due in respect of the period mentioned in paragraphs (10) and (13) respectively if it is —
a
any instalment or other payment on account of fees becoming payable under regulation 17 during that period; or
b
a sum or grant payable, or the proportion of a sum or grant payable, in respect of maintenance under regulation 17 which relates to that period.
Withholding and reduction of payments
26
1
Without prejudice to regulation 16, in the case of any student who is for the time being in default of any requirement to provide such information as is described in regulation 19, the authority may withhold, in part, any payment due to him in respect of maintenance and calculated or determined in accordance with regulation 18, 20, 21, or 22.
2
No payment shall be made in respect of fees if —
a
before the date on which the fees become payable the student ceases to attend the course, and
b
the academic authority has determined or agreed that he will not commence attending again during the year in respect of which the fees are payable, or at all.
3
In respect of any period —
a
after the termination of an award;
b
during which a student is excluded from attendance at the course by the academic authority; or
c
during which a student is absent from his course without leave,
any payment in respect of maintenance otherwise due in pursuance of the award shall be reduced by the sum mentioned in paragraph (5).
4
In respect of any other period being —
a
a period during which a student is absent from his course (other than a period of not more than 60 days due to illness);
b
where an award held in respect of one course is transferred in pursuance of regulation 14 so as to be held in respect of another course, a period during which the student is not required to attend either course (other than the period of a single vacation); or
c
a period during which the student is detained in pursuance of an order made by any court,
the authority may reduce any payment in respect of maintenance otherwise due in pursuance of the award by such amount, not exceeding the sum mentioned in paragraph (5), as having regard to all relevant circumstances they consider appropriate.
5
The sum referred to in paragraphs (3) and (4) is the aggregate of —
a
the maintenance grant calculated under regulation 18(1) multiplied by the number of days for which the period in question lasted divided by the number of days in respect of which the grant is payable for the year; and
b
such portion of the maintenance grant calculated under regulation 18(2) as the authority consider appropriate.
6
In determining the number of days for which the period in question lasted under paragraph (5) the authority shall disregard the first 60 days of any period of absence due to illness.
Margaret Hodge
Minister of State,
Department for Education and Skills
13th May 2002


type: legislation

jurisdiction: UK

text:
Citation, application and commencement
1
This Order which may be cited as the National Institute for Clinical Excellence (Establishment and Constitution) Amendment Order 2002 applies to England and Wales and shall come into force on 1st August 2002.
Amendment of the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999
2
1
Article 4 of the National Institute for Clinical Excellence (Establishment and Constitution) Order 1999 (constitution of the Institute) is amended as follows —
a
in paragraph (b) for the word “seven” substitute the word “eight”;
b
in paragraph (c) for the word “four” substitute the word “five”;
c
after paragraph (c) add a new paragraph —
2
The members mentioned in paragraph (1)(b) above shall include a person with particular experience suited to the interests of Wales.
.
Signed on behalf of the National Assembly for Wales undersection 66(1) of the Government of Wales Act 1998
Dafydd Ellis Thomas
The Presiding Officer of the National Assembly
4th July 2002
Hunt
Parliamentary Under-Secretary of State,
Department of Health
9th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lambeth, Southwark and Lewisham Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Lambeth, Southwark and Lewisham Health Authority ;
“the new Trust” means the Lewisham Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 10th March 2002 and on behalf of the new Trust on 21st March 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Retained Organs Commission (Amendment) Regulations 2002 and shall come into force on 1st February 2002.
2
These Regulations extend to England only.
Amendment of Regulations
2
In regulation 3 of the Retained Organs Commission Regulations 2001 (disqualification for appointment) sub-paragraph (g) of paragraph (1) is deleted.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
10th January 2002


text:
PART 1
INTRODUCTORY
Citation, commencement and application
1
1
These Regulations may be cited as the Road Traffic (Vehicle Emissions) (Fixed Penalty) (England) Regulations 2002 and shall come into force on the seventh day after the day on which they are made.
2
These Regulations apply as respects England only .
Interpretation
2
1
In these Regulations —
“the 1995 Act ” means the Environment Act 1995;
“the 1986 Regulations ” means the Road Vehicles (Construction and Use) Regulations 1986 ;
“appropriate authority” —
in relation to a fixed penalty notice, means the local authority on whose behalf the notice is issued;
in relation to an authorised person, means the local authority by which he is authorised;
“authorised person” —
in relation to the investigation or prosecution of an emissions offence means a person authorised under regulation 6(1);
in relation to the investigation or prosecution of a stationary idling offence means a person authorised under regulation 6(3);
“designated local authority” means a local authority that is for the time being designated under regulation 4(1);
“emissions offence” means using on a road a motor vehicle which does not comply with a requirement of regulation 61 or 61A (emissions of smoke etc ) of the 1986 Regulations;
“fixed penalty notice” means a notice under regulation 10 or 13;
“notice requesting a hearing” means a notice of a description referred to in regulation 18(1);
“stationary idling offence” means a contravention of, or failure to comply with so much of regulation 98 (stopping of engine when stationary) of the 1986 Regulations as relates to the prevention of exhaust emissions;
2
Unless the context otherwise provides, any reference in these Regulations —
a
to a numbered section is a reference to the section of the 1995 Act bearing that number; and
b
to a numbered regulation is a reference to the regulation in these Regulations bearing that number.
PART 2
DESIGNATION OF LOCAL AUTHORITIES
Application for designation
3
1
Where any part of the area of a local authority is for the time being designated as an air quality management area in accordance with section 83, that authority may apply to the Secretary of State to be a designated local authority.
2
An application under paragraph (1) shall be in writing and shall be accompanied by a copy of each of the following documents —
a
the latest review it has conducted, and the latest assessment it has made pursuant to section 82; and
b
the order designating its air quality management area pursuant to section 83.
Designation
4
1
If the Secretary of State, having received an application from a local authority under regulation 3, is satisfied as to the matters referred to in paragraph (2), he shall, by an instrument in writing, designate that authority.
2
The matters referred to in paragraph (1) are —
a
that the emission of smoke and other vapours and substances from vehicles is such that it is, or is likely to become, significant in determining whether or not the air quality standards or objectives will be achieved within that authority’s area or, where part only of its area is for the time being designated as an air quality management area in accordance with section 83, that part; and
b
that the authority will provide, or secure the provision of, proper and adequate training for persons who may be authorised by it for the purposes of these Regulations.
3
A designated local authority may, in relation to its area or, where part only of its area is for the time being designated as an air quality management area in accordance with section 83, in relation to that part, exercise such of the powers conferred by the following provisions of these Regulations as relate to emissions offences.
Cessation of designation
5
1
If in respect of a designated authority the Secretary of State is not satisfied —
a
in relation to the matters referred to in regulation 4(2); or
b
that regard is being had to any guidance he has issued pursuant to section 88,
he may, subject to paragraph (2), by notice served on the authority, revoke its designation.
2
The Secretary of State shall not serve a notice under paragraph (1) unless he has by notice informed the authority —
a
of his proposal to revoke the authority’s designation;
b
of his reasons for proposing to revoke the designation; and
c
that representations may be made to him about the proposed revocation before the end of such period as may be specified in the notice under this paragraph (being not less than 28 days beginning with the date of service of the notice).
3
A notice under paragraph (1) shall specify the date on which the revocation is to take effect, and shall be accompanied by a statement of the Secretary of State’s reasons for revoking the designation.
4
Where, in consequence of the revocation by a designated local authority of the order by virtue of which its area or part of it (as the case may be), is an air quality management area, no part of the authority’s area is an air quality management area, the authority shall cease to have the powers conferred under paragraph (3) of regulation 4, and its designation under paragraph (1) of that regulation shall be treated as revoked.
PART 3
AUTHORISATIONS
Authorisations
6
1
A designated local authority may, subject to paragraph (2), authorise any officer of the authority, or any other person, on production of evidence of his authorisation —
a
to carry out, in accordance with regulation 9, tests on vehicles which are in, or which are about to pass through, or which have passed through, an area designated by the authority as an air quality management area; and
b
to issue fixed penalty notices in respect of emissions offences committed in relation to such vehicles.
2
A person may not be authorised under paragraph (1) unless the authority is satisfied that he has successfully completed a course of training on testing emissions which has been approved by the Secretary of State.
3
A local authority (whether or not a designated local authority) may authorise any officer of the authority, or any other person, in any area of that authority —
a
in accordance with regulation 12, to stop the commission of stationary idling offences; and
b
to issue a fixed penalty notice in respect of such an offence committed in its area.
PART 4
FIXED PENALTY OFFENCES
Fixed penalty offences
7
Emission offences and stationary idling offences under section 42 of the Road Traffic Act 1988 are hereby prescribed as fixed penalty offences for the purposes of these Regulations.
Amount of penalty
8
Subject to regulation 17, a person may discharge any liability to conviction —
a
for an emissions offence, subject to regulation 19, on payment of £60;
b
for a stationary idling offence, on payment of £20.
PART 5
TESTS
On-the-spot and deferred emissions tests
9
1
An authorised person may require a person driving on a road a motor vehicle which is in, or which is about to pass through, or which has passed through, an air quality management area of the appropriate authority to permit the vehicle he is driving to be the subject of a test for the purpose of determining whether an emissions offence is being or has been committed.
2
Subject to paragraph (3), the test referred to in paragraph (1) shall be carried out immediately by an authorised person.
3
An authorised person may, instead of proceeding immediately with the test —
a
require the test to be carried out by an authorised person at such place and time (being not later than 14 days beginning with the day on which the paragraph (1) requirement is imposed) as he shall specify when imposing that requirement; or
b
require the person on whom the paragraph (1) requirement is imposed to present the vehicle for examination under section 45 (tests of satisfactory condition of vehicles) of the Road Traffic Act 1988 .
4
When imposing a requirement under paragraph (3)(b), the authorised person shall also —
a
require the driver of the vehicle concerned to produce, in respect of that vehicle, either a test certificate issued under section 45(2)(b) of the Road Traffic Act 1988 or a notice of failure; and
b
specify —
i
the date on which, and the time at which;
ii
the place at which; and
iii
the person to whom,
the certificate or notice is to be produced.
5
The date specified under paragraph (4)(b) shall be within 21 days of the day on which the authorised person imposes the requirement under paragraph (3)(b).
6
A requirement for the production of a certificate or notice shall not be treated as satisfied unless the date of issue of the document produced is on or after the date on which the requirement was imposed.
7
A person who fails to comply with —
a
a paragraph (1) requirement, or
b
a requirement of paragraph (3)(a) or 4(a),
shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
8
In this regulation —
“notice of failure” means a notification, under section 45(4) of the Road Traffic Act 1988, of the refusal of a test certificate in which the grounds specified as those on which the vehicle failed the examination under that section do not include item 28 in paragraph 3(b) of Schedule 2 to the Motor Vehicles (Tests) Regulations 1981 (including that item as applied as mentioned in paragraphs 3A to 6 of that Schedule); and
“paragraph (1) requirement” means a requirement imposed by virtue of paragraph (1) of this regulation.
Issue of fixed penalty notice: emissions offence
10
Where —
a
a test on a vehicle has been carried out as mentioned in paragraph (2) or (3)(a) of regulation 9; and
b
in consequence of that test an authorised person considers that an emissions offence has been committed by the person using that vehicle,
he may, in accordance with Part 7, issue a fixed penalty notice to that person.
Furnishing of information for the purposes of Part 5
11
1
In connection with the discharge of his functions under this Part, an authorised person may require the driver of a vehicle in respect of which a requirement under regulation 9(1) is imposed to disclose to him —
a
his name and address;
b
his date of birth; and
c
if he is not the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 at the time that the requirement is imposed, the name of that person.
2
A person who fails to comply with a requirement to furnish information under paragraph (1) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART 6
STOPPING OF ENGINES
Stopping of engine when vehicle stationary
12
1
An authorised person who has reasonable cause to believe that the driver of a vehicle that is stationary on a road is committing a stationary idling offence may, upon production of evidence of his authorisation, require him to stop the running of the engine of that vehicle.
2
A person who fails to comply with a requirement under paragraph (1) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Issue of fixed penalty notice: stationary idling offence
13
An authorised person who considers that a stationary idling offence has been committed may, in accordance with Part 7, issue a fixed penalty notice to the driver of the vehicle.
Furnishing of information for the purposes of Part 6
14
1
In connection with the discharge of his functions under this Part, an authorised person may require the driver of a vehicle in respect of which a requirement under regulation 12(1) is imposed to disclose to him —
a
his name and address;
b
his date of birth; and
c
if he is not the person in whose name the vehicle is registered under the Vehicle Excise and Registration Act 1994 at the time that the requirement is imposed, the name of that person.
2
A person who fails to comply with a requirement to furnish information under paragraph (1) shall be guilty of an offence and be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART 7
FIXED PENALTY NOTICES
Time for issue of notice
15
1
A fixed penalty notice under regulation 10 shall be issued as soon as reasonably practicable and not later than 24 hours after the completion of the test to which paragraph (a) of that regulation refers.
2
A fixed penalty notice under regulation 13 shall be issued as soon as reasonably practicable and not later than 24 hours after the commission of the stationary idling offence.
Contents of notice
16
A fixed penalty notice shall give such particulars of the circumstances alleged to constitute the fixed penalty offence to which the notice relates as are necessary to give reasonable information as to the offence and shall state —
a
the name and address of the person to whom the notice is issued;
b
the registered number of the vehicle concerned;
c
the date of the offence;
d
the amount of the fixed penalty which may be paid;
e
the person to whom, and the address at which, the fixed penalty may be paid and any correspondence relating to the fixed penalty notice may be sent;
f
the person to whom, the address at which, and the period within which
i
a request for a hearing;
ii
an application for the reduction or waiver of the fixed penalty, may be sent;
g
the method or methods by which payment of the fixed penalty may be made;
h
the period for paying the fixed penalty, which shall be not less than 28 days beginning with the date of issue of the notice; and
i
the consequences of the fixed penalty not being paid before the expiration of the period for paying it.
Effect of issue of fixed penalty notice
17
1
This regulation applies where a fixed penalty notice is issued under regulation 10 or 13.
2
References in the following provisions of this regulation to the recipient are references to the person to whom the fixed penalty notice is issued.
3
No proceedings shall be instituted against the recipient for the offence to which the fixed penalty notice relates before the expiry of the period for paying the penalty unless he has given notice requesting a hearing.
4
A person shall not be convicted for an offence in connection with which a fixed penalty notice has been issued if the fixed penalty is paid before the expiry of the period for paying it.
5
Where —
a
the recipient has not given a notice requesting a hearing; and
b
the fixed penalty has not been paid before the end of the period for paying it, the fixed penalty shall be increased as mentioned in paragraph (6).
6
A fixed penalty —
a
reduced under regulation 19(4) to £30, shall be increased to £60;
b
of £60 in any other case of an emissions offence, shall be increased to £90;
c
of £20, in the case of a stationary idling offence, shall be increased to £40.
7
Where a notice under regulation 19(6) includes such a statement as is mentioned in regulation 19(7), references in paragraphs (3) and (4) of this regulation to the period for paying the fixed penalty shall be treated as references to the period ending with the date specified in accordance with regulation 19(7)(b).
Notice requesting a hearing
18
1
A person to whom a fixed penalty notice has been issued may, within the period and in the manner specified —
a
in that notice, or
b
where notice has been given under regulation 19(6), in that notice,
give notice requesting a hearing in respect of the offence to which the fixed penalty notice relates.
2
Where notice requesting a hearing is given —
a
the fixed penalty shall not be payable; and
b
the fixed penalty notice may be treated as an information for the purposes of a prosecution for the offence in connection with which it was issued.
Reduction or waiver of fixed penalty for emissions offence
19
1
A person to whom a fixed penalty notice has been issued in respect of an emissions offence may, within the period and in the manner specified in that notice, apply to the appropriate authority for the reduction or waiver of the fixed penalty.
2
An application under paragraph (1) must be in writing and must —
a
contain such information, and
b
be accompanied by such documentary evidence,
as the applicant considers likely to satisfy the authority as to one or more of the matters specified in paragraph (3).
3
The matters referred to in paragraph (2) are —
a
that the defect by reason of which the vehicle failed the test carried out pursuant to paragraph (2) or, as the case may be, paragraph (3)(a) of regulation 9 (“the regulation 9 test failure”), was rectified not later than 14 days after the date of that failure;
b
that in the period of 6 months immediately preceding the regulation 9 test failure —
i
the vehicle passed an examination under section 45 of the Road Traffic Act 1988; or
ii
the vehicle failed such an examination, but none of the grounds on which it failed related to a requirement of regulation 61 or 61A of the 1986 Regulations; or
c
all reasonable steps had been taken prior to the regulation 9 test failure to maintain the vehicle in a condition sufficient to comply with the requirements of those regulations 61 and 61A.
4
If the authority is satisfied as to a matter specified in any of sub-paragraphs (a) to (c) of paragraph (3), it may reduce the fixed penalty to £30.
5
If the authority is satisfied as to the matters specified —
a
in sub-paragraph (a) of that paragraph; and
b
in either sub-paragraph (b) or sub-paragraph (c) of that paragraph,
it may waive the fixed penalty in its entirety.
6
As soon as practicable after determining an application under paragraph (1), the authority shall, by notice, inform the applicant of its decision.
7
Except in a case in which the authority has waived the fixed penalty in its entirety, the authority’s notice under paragraph (6) shall include a statement —
a
of the amount of the fixed penalty (whether in the original amount or as reduced under paragraph (4));
b
of the date by which the fixed penalty is to be paid, being whichever is the later of —
i
the last day in the period specified, in accordance with regulation 16(h), in the fixed penalty notice, and
ii
the day that falls 14 days after that on which the notice under paragraph (6) is issued; and
c
of the person to whom, the address at which, and the period within which a notice requesting a hearing may be sent.
Withdrawal of fixed penalty notice
20
1
A fixed penalty notice may be withdrawn in any case in which the appropriate authority determines that it —
a
ought not to have been issued, or
b
ought not to have been issued to the person named as the person to whom it was issued.
2
Where a fixed penalty notice has been withdrawn in accordance with paragraph (1) —
a
notice of the withdrawal shall be given to the person to whom the notice was issued;
b
any amount paid by way of fixed penalty in pursuance of that notice shall be repaid to the person who paid it; and
c
no proceedings shall be continued or instituted against that person for the offence in connection with which the withdrawn notice was issued.
PART 8
MISCELLANEOUS
Recovery of unpaid fixed penalties
21
Where a fixed penalty which has not been paid by the date specified for its payment in accordance with regulation 16(h) or, as the case may be, regulation 19(7)(b), is increased as mentioned in regulation 17(6), it shall, if a county court so orders, be recoverable by execution issued from the county court or otherwise as if it were payable under an order of that court.
Enforcement by execution
22
1
An unpaid fixed penalty which is recoverable in accordance with regulation 21 as if it were payable under a county court order shall, subject to paragraph (2), be treated for purposes of enforcement by execution as if it were a specified debt mentioned in article 2(1) of the Enforcement of Road Traffic Debts Order 1993 (“the 1993 Order ”) .
2
For the purposes of the enforcement of payment of an unpaid fixed penalty —
a
any reference in the 1993 Order to “the authority” shall be a reference to the appropriate authority; and
b
the reference in article 3(1) of the 1993 Order to the time for serving a statutory declaration shall be a reference to (as the case may be) —
i
the period of 21 days allowed by regulation 23(1)(c); or
ii
where a longer period has been allowed pursuant to regulation 23(3), that period.
Notices rendered void
23
1
This regulation applies where —
a
a county court makes an order under regulation 21;
b
the person against whom it is made makes a statutory declaration complying with paragraph (2); and
c
the declaration is, before the end of the period of 21 days beginning with the date on which notice of the county court’s order is served on him, served on the county court that made the order.
2
The statutory declaration must state (as the case may be) that the person making it —
a
did not receive the fixed penalty notice in question; or
b
made an application under regulation 19(1) but did not receive notification that the amount of the fixed penalty had been reduced or (as the case may be) that his request had been refused nor of the amount that was payable.
3
Where it appears to a county court, on the application of a person on whom a fixed penalty notice has been served, that it would be unreasonable in the circumstances of his case to insist on him serving his statutory declaration within the period mentioned in paragraph (1)(c), the county court may allow such longer period for service of the statutory declaration as it considers appropriate.
4
Where a statutory declaration is served under paragraph (1)(c) —
a
the fixed penalty notice shall be rendered void;
b
the order of the court shall be treated as revoked;
c
the fixed penalty to which the fixed penalty notice relates shall be treated as cancelled;
d
the county court shall serve written notice of the effect of service of the declaration on the person making it and on the appropriate authority; and
e
notwithstanding regulation 15, the appropriate authority may serve a fresh fixed penalty notice on the person making the declaration or any other person.
Issue of notices
24
A notice issued for any purpose of these Regulations by a local authority or an authorised person may be issued —
a
by giving it to the person to whom it is issued; or
b
by properly addressing, pre-paying and posting a letter containing the notice to that person,
and such a notice shall be taken to have been issued at the time when it is so given or the letter containing it is posted.
Revocation
25
The Road Traffic (Vehicle Emissions) (Fixed Penalty) Regulations 1997 shall be revoked.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
11th July 2002


text:
Citation
1
This Order may be cited as the Vehicles (Crime) Act 2001 (Commencement No. 4) Order 2002.
Commencement
2
The following provisions of the Vehicles (Crime) Act 2001 shall come into force on 17th September 2002 —
a
section 32;
b
section 33;
c
section 43 for the purposes of paragraphs 3, 4, 5 and 6 of the Schedule to that Act.
Signed by Authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
16th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the General Medical Council (Constitution) Order 2002.
2
This article and articles 2 and 5 shall come into force on 27th January 2003, and the other provisions of this Order shall come into force on 1st July 2003.
3
In this Order —
“the President” means the President of the General Council; and
“the relevant day” means 1st July 2003.
Constitution of the General Council
2
On and after the relevant day the General Council shall consist of —
a
19 elected members;
b
2 appointed members;
c
14 nominated members.
Terms of office of elected members
3
1
Subject to the provisions of this article and article 7(4) and (5), the term of office of an elected member shall be four years.
2
Subject to paragraph (3) and article 7(4), a person who is or has previously been a member may be elected as a member for a further term.
3
No person who has served as a member for an aggregate of at least eight years during the period of eleven years ending with the last occasion on which he left office (excluding in calculating that aggregate any time prior to the relevant day) shall be eligible, for a period of four years after leaving office, to be elected for a further term.
4
An elected member may at any time resign his office by letter addressed to the President.
5
When an elected member dies, resigns or otherwise ceases to be a member before completing his term of office, a person shall, subject to paragraphs (6) and (7), be elected to hold office from the date on which he is entitled to take office until the end of the unexpired term.
6
Subject to paragraph (7), elections to fill casual vacancies among the elected members may be postponed and held together, but no casual vacancy shall be left unfilled for a period exceeding six months.
7
If the unexpired term of the elected member giving rise to the casual vacancy is less than twelve months then the vacancy need not be filled.
Terms of office of appointed and nominated members
4
1
Subject to the provisions of this article and article 7(4) and (5), the term of office of a person appointed or nominated to the General Council shall be for a period not exceeding four years.
2
Subject to paragraph (3) and article 7(4), a person who is, or has previously been, a member may be appointed or nominated as a member for a further term.
3
No person who has served as a member for an aggregate of at least eight years during the period of eleven years ending with the last occasion on which he left office (excluding in calculating that aggregate any time prior to the relevant day) shall be eligible, for a period of four years after leaving office, to be elected for a further term.
4
An appointed or nominated member may at any time resign his office by letter addressed to the President.
5
When an appointed or nominated member dies, resigns or otherwise ceases to be a member before completing his term of office, a person shall be appointed or nominated, as the case may be, to hold office in his place for a term not exceeding four years.
Universities and other bodies empowered to choose appointed members
5
1
The universities and other bodies listed in column 1 of the Schedule to this Order are designated as appointing bodies.
2
Each appointing body shall, in combination with the other appointing bodies with which it is grouped in column 1 of the Schedule, choose the number of appointed members specified against that group in column 2 of that Schedule.
Termination of office of members holding office on the relevant day
6
1
Persons holding office as members on the day before the relevant day shall cease to hold office from the relevant day.
2
Nothing in paragraph (1) shall prevent a person from being elected, appointed or nominated as a member of the General Council as reconstituted.
Provisions regarding the term of office of the President
7
1
A member serving as President shall cease to hold the office of President upon ceasing to be a member.
2
Subject to the following provisions of this article, where —
a
a person holds the office of President when his term of office as a member expires; and
b
he is elected, appointed or nominated as a member for a further term under the provisions of this Order,
he shall be eligible for re-election as President.
3
No member may serve as President for more than an aggregate total of six years.
4
A person —
a
who holds the office of President when his term of office as a member expires; and
b
who, by reason of article 3(3) or 4(3) would not otherwise be eligible to stand for a further term of office,
may nonetheless be elected, appointed or nominated as a member for a further term until one of the events referred to in paragraph (5) below occurs.
5
The events referred to in paragraph (4) are either —
a
that he ceases to hold the office of President; or
b
that his further term of office has expired.
Quorum
8
The quorum of the General Council shall be 25.
Revocation
9
The following Orders are hereby revoked —
a
the General Medical Council (Constitution) Order 1979 ;
b
the General Medical Council (Constitution) Amendment Order 1987 ;
c
the General Medical Council (Constitution) Amendment Order 1989 ; and
d
the General Medical Council (Constitution) Amendment Order 1996 .
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Strand Road, Preston Railway Order 2002 and shall come into force on 24th September 2002.
Interpretation
2
1
In this Order, unless the context otherwise requires —
“the Council” means the Preston City Council;
“the lease” means any lease of the railway granted by the owner to the undertaker pursuant to article 3(1);
“the network licence” means the licence granted in exercise of the powers conferred by section 8 of the Railways Act 1993 by the Secretary of State to Railtrack, as the same is amended from time to time;
“the owner” means Railtrack, to the extent that Railtrack is the owner of the railway, and the Council, to the extent that the Council is the owner of the railway, and this expression shall include Railtrack and the Council as joint owners to the extent that they own the railway jointly;
“Railtrack” means Railtrack PLC a company incorporated under the Companies Act 1985 and having its registered office at Railtrack House, Euston Square, London NW1 2EE;
“the railway” means the railway (which at the date of this Order is owned jointly by the Council and Railtrack) described in the Schedule to this Order, together with all lands and works relating thereto (including the Strand Road level crossing), to the extent that the same are vested in the owner at the date upon which this Order comes into force and are held or used by the owner for the purposes of its railway undertaking;
“the transfer date”, in relation to any part of the railway, means the date on which that part is leased or sold by the owner to the undertaker under article 3;
“the undertaker” means Steamport Southport Ltd, a company incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is at 3 Lincoln Drive, Old Roan, Liverpool L10 3LJ, and following any sale or lease under article 4 this expression shall mean or include the transferee within the meaning of that article.
2
In this Order distances between points on a railway shall be taken to be measured along the railway.
3
Any enactment by which the construction and operation of the railway was authorised shall have effect subject to the provisions of this Order.
Transfer of railway to undertaker
3
1
Subject, in the case of Railtrack, to compliance with all relevant conditions of the network licence, the owner may lease the railway or any part of the railway to the undertaker on such terms and conditions as may be agreed between the owner and the undertaker.
2
Subject, in the case of Railtrack, to compliance with all relevant conditions of the network licence, the owner and the undertaker may enter into and carry into effect agreements providing for the sale to, and vesting in, the undertaker of the railway or any part of the railway on such terms and conditions as may be agreed between the owner and the undertaker.
3
Except as may be otherwise provided in this Order, as from the transfer date the railway or any part thereof shall continue to be subject to all statutory and other provisions applicable to the railway at that date (insofar as the same are still subsisting and capable of taking effect), and the undertaker shall, to the exclusion of the owner, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations statutory or otherwise relating to the railway (insofar as the same are still subsisting and capable of taking effect), to the intent that the owner shall be released from all such obligations.
4
Paragraph (3) shall have effect during the currency of any lease granted under the provisions of paragraph (1) and from the operative date of any sale under the provisions of paragraph (2).
Transfer of railway by undertaker
4
1
In this article —
“lease” when used as a noun includes an underlease and “lease” where used as a verb shall be construed accordingly;
“the transferee” means any person to whom the railway, or any part of it, is leased or sold pursuant to this article; and
“the transferred undertaking” means so much of the railway as is leased or sold pursuant to this article.
2
The undertaker may, with the consent of the Secretary of State —
a
lease the railway, or any part of it, to any person; or
b
following any sale under article 3(2), sell the railway, or any part of it, to any person;
on such terms and conditions as may be agreed between the undertaker and the transferee.
3
Except as may be otherwise provided in this Order, the transferred undertaking shall continue to be subject to all statutory or other provisions applicable to the transferred undertaking at the date of the lease or sale (insofar as the same are still subsisting and capable of taking effect), and the transferee shall, to the exclusion of the undertaker, be entitled to the benefit of, and to exercise, all rights, powers and privileges, and be subject to all obligations, statutory or otherwise relating to the transferred undertaking (insofar as the same are still subsisting and capable of taking effect), to the intent that the undertaker shall be released from all such obligations.
4
Paragraph (3) shall have effect during the term of any lease granted under paragraph (2)(a) and from the operative date of any sale under paragraph (2)(b).
Operation of railway
5
1
The undertaker may operate and use the railway as a system, or part of a system, of transport for the carriage of passengers and goods.
2
Subject to the provisions of paragraphs (3) to (5), the motive power to be used on the railway shall be steam, diesel-electric, diesel, internal combustion, electric-battery or such other motive power as the Secretary of State may in writing approve.
3
Nothing in this Order shall authorise the use of electrical power as motive power on the railway unless such power is obtained from storage batteries or from a source of generation entirely contained in and carried along with the engines and carriages.
4
If electrical power is used as motive power on the railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with any telecommunications apparatus (as defined in Schedule 2 to the Telecommunications Act 1984 ) or with telecommunication by means of such apparatus.
5
Nothing in this Order, or in any enactment incorporated with or applied by this Order, shall prejudice or affect the operation of Part I of the Railways Act 1993.
For the protection of public gas transporters
6
1
Paragraph (2) shall apply to any part of the railway which is leased or sold by the owner to the undertaker under article 3.
2
Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas transporters within the meaning of Part I of the Gas Act 1986 in or relating to any pipe, main or apparatus belonging to them or for the maintenance of which they are responsible, or any structure for the lodging therein of any pipe, main or apparatus, being any pipe, main or apparatus or structure situated under, over or upon lands in or upon or near to which the railway or any part thereof is constructed.
Safety of approved works etc
7
1
Where pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant and equipment (including vehicles) forming part of the railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time when the approval was given unless any change thereto does not materially impair the safe operation of the railway.
2
If without reasonable cause the provisions of paragraph (1) are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by, or with the consent of, the Health and Safety Executive or the Director of Public Prosecutions.
Signed by authority of the First Secretary of State
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Office of the Deputy Prime Minister
3rd September 2002


text:
1
1
This Order may be cited as the Public Trustee (Fees) (Amendment) Order 2002 and shall come into force on 27th September 2002.
2
In this Order a reference to an article by number alone means the article so numbered in the Public Trustee (Fees) Order 1999 .
2
In article 7(2), for “With the approval of the Treasury, the Public Trustee” there shall be substituted “The Public Trustee”.
3
1
In article 17(5)(a), for “30th September 1998” there shall be substituted “30th September 2002”.
2
Paragraph (1) of this article shall have effect only in relation to a fee payable on or after 1st April 2003.
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 20th August 2002
I give my sanction
Yvette Cooper
Parliamentary Secretary
Lord Chancellor’s Department
Dated 27th August 2002


text:
Citation and commencement
1
1
This Order may be cited as the Immigration (Transit Visa) (Amendment) Order 2002.
2
This Order shall come into force on 17th April 2002.
Amendment of the 1993 Order
2
After article 2(b) of the Immigration (Transit Visa) Order 1993 there is inserted —
; or
in the case of a national or citizen of the People’s Republic of China, holds a passport issued by either the Hong Kong Special Administrative Region or the Macao Special Administrative Region
.
Jeff Rooker
Minister of State
Home Office
25th March 2002