text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may by cited as the Greater Manchester (Light Rapid Transit System) (Trafford Depot) Order 2002 and shall come into force on 31st May 2002.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1990 Act ” means the Town and Country Planning Act 1990 ;
“the 1991 Act ” means the New Roads and Street Works Act 1991 ;
“the 1992 Act” means the Transport and Works Act 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“carriageway” has the same meaning as in the Highways Act 1980 ;
“highway” and “highway authority” have the same meaning as in the Highways Act 1980;
“the land plans” means the plans certified by the Secretary of State as the land plans for the purposes of this Order;
“the limits of deviation” means the limits of lateral deviation for the scheduled works mentioned in article 5(1)(a);
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order or any part of them;
“the sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the 1991 Act;
“street tramway” means any part of the transit system which is laid along a street —
whether or not the section of the street in which its rails are laid, may be used by other traffic, and
whether the uppermost surface of the rails is level with, or raised above, the surrounding surfaces of the street;
“the telecommunications code” means Schedule 2 to the Telecommunications Act 1984 ;
“tramcar” means any vehicle (whether or not used for the carriage of passengers) carried on flanged wheels along the rails of a transit system;
“tramroad” means any part of the transit system which is not a street tramway;
“transit system” means a system of transport used wholly or mainly for the carriage of passengers and employing parallel rails which —
provide support and guidance for vehicles carried on flanged wheels, and
are laid in part along a street or in any other place to which the public has access (including a place to which the public has access only on making a payment);
“ the tribunal ” means the Lands Tribunal;
“ the undertaker ” means Greater Manchester Passenger Transport Executive; and
“the works plans” means the plans certified by the Secretary of State as the works plans for the purposes of this Order.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
4
References in this Order to points identified by letters, with or without numbers, shall be construed as references to the points so marked on the deposited plans.
5
All distances, directions and lengths stated in the description of the scheduled works or in any description of powers or lands shall be construed as if the words “or thereabouts” were inserted after each such distance, direction and length, and distances between points on a scheduled work shall be taken to be measured along the scheduled work.
Application of the 1991 Act
3
1
Section 56 (directions as to timing) and section 58 (restrictions following substantial road works) of the 1991 Act shall not apply in relation to any works executed under the power of this Order.
2
The provisions of the 1991 Act mentioned in paragraph (3) (which, together with other provisions of that Act, apply in relation to the execution of street works) and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by the undertaker under the powers conferred by this Order whether or not the stopping up, alteration or diversion constitutes street works within the meaning of that Act.
3
The provisions of the 1991 Act referred to in paragraph (2) are: —
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 57 (notice of emergency works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 68 (facilities to be afforded to street authority);
section 69 (works likely to affect other apparatus in the street);
section 75 (inspection fees);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
PART II
WORKS PROVISIONS
Principal powers
Power to construct works
4
1
The undertaker may construct and maintain the scheduled works.
2
Subject to article 5, the scheduled works may only be constructed in the lines or situations shown on the works plans and in accordance with the levels shown on the sections.
3
Subject to paragraph (6), the undertaker may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely —
a
works required for the strengthening, improvement, repair or reconstruction of any street;
b
works required for, or in connection with the control of, any vehicular and pedestrian traffic;
c
works for the strengthening, alteration or demolition of any building or structure;
d
works to alter the position of any street furniture or apparatus, including mains, sewers, drains and cables and lights;
e
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
f
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and
g
facilities and works for the benefit or protection of land or premises affected by the authorised works.
4
Subject to paragraph (6), the undertaker may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works.
5
The undertaker may remove any works constructed by it pursuant to this Order which have been constructed as temporary works or which it no longer requires.
6
Paragraphs (3) and (4) shall only authorise the carrying out or maintenance of works within the limits of deviation shown on the works plans.
Power to deviate
5
1
In constructing or maintaining the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the works plans within the limits of deviation relating to that work shown on those plans; and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 3 metres upwards; and
ii
to any extent downwards.
2
The undertaker may, in constructing and maintaining the scheduled works, provide within the limits of deviation for those works such number of lines of rails and sidings as may be necessary or expedient.
Designation of works
6
1
Notwithstanding anything in the description of scheduled works contained in Schedule 1 to this Order, the whole or any part of a scheduled work may be constructed within the limits of deviation for that work either along a street as a street tramway or off-street as a tramroad and shall be treated for the purposes of this Order as if it were so designated.
2
Where, by means of the creation or extinction of rights of way, any part of the scheduled works which has been constructed as a tramroad becomes a street tramway or any part which has been constructed as a street tramway becomes a tramroad, it shall be treated for the purposes of this Order as if it were so designated.
Streets
Power to alter layout of streets
7
1
The undertaker may alter the layout of any street specified in column (2) of Schedule 2 to this Order in the manner specified in relation to that street in column (3) of that Schedule.
2
Without prejudice to the specific powers conferred by paragraph (1) but subject to paragraph (3), the undertaker may for the purpose of constructing, maintaining or using any scheduled work alter the layout of any street within the limits of deviation and the layout of any street having a junction with such a street; and, without prejudice to the generality of the foregoing, the undertaker may —
a
increase the width of the carriageway of the street by reducing the width of any kerb, footpath, footway, cycle track or verge within the street;
b
alter the level or increase the width of any such kerb, footpath, footway, cycle track or verge;
c
reduce the width of the carriageway of the street;
d
carry out works for the provision or alteration of parking places and bus laybys;
e
carry out traffic calming works which are of a description prescribed in the Highways (Traffic Calming) Regulations 1999 and which are constructed in compliance with those Regulations;
f
carry out works to the carriageway of the street for the purpose of deterring or preventing vehicles other than tramcars from passing along the transit system; and
g
make and maintain crossovers, sidings or passing places.
3
The powers in paragraph (2) shall not be exercised without the consent of the street authority, but such consent shall not be unreasonably withheld.
Power to keep apparatus in streets
8
1
The undertaker may, for the purposes of or in connection with the construction, maintenance and use of the authorised works, place and maintain in any street within the limits of deviation and in any street having a junction with such a street any work, equipment or apparatus including, without prejudice to the generality of the foregoing, foundations, road islands, substations, electric lines and any electrical or other apparatus.
2
In this article —
a
“apparatus” has the same meaning as in Part III of the 1991 Act;
b
“electric line” has the meaning given by section 64(1) of the Electricity Act 1989 ; and
c
the reference to any work, equipment, apparatus or other thing in a street includes a reference to any work, equipment, apparatus or other thing under, over, along or upon the street.
Power to execute street works
9
The undertaker may, for the purpose of exercising the powers conferred by article 8 or any other provision of this Order, enter upon any street within the limits or deviation and any street having a junction with such a street and may execute any works required for or incidental to the exercise of those powers including, without prejudice to the generality of the foregoing, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street.
Stopping up of street
10
1
Subject to the provisions of this article, the undertaker may, in connection with the construction of the authorised works, stop up the street specified in column (2) of Schedule 3 to this Order to the extent specified, by reference to the letters and numbers shown on the works plans, in column (3) of that Schedule.
2
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
3
This article is subject to paragraph 2 of Schedule 5 to this Order.
Access to works
11
The undertaker may, for the purposes of the scheduled works, form and lay out such means of access or improve such existing means of access, to streets within the limits of deviation, as may be approved by the highway authority, but such approval shall not be unreasonably withheld.
Agreements with street authorities
12
1
A street authority and the undertaker may enter into agreements with respect to —
a
the strengthening, or improvement of any street under the powers conferred by this Order;
b
the maintenance of any street or of the structure of any bridge or tunnel carrying a street over or under a tramroad;
c
any stopping up or alteration of a street under the powers conferred by this Order; or
d
the execution in the street of any of the works referred to in article 9.
2
Such an agreement may, without prejudice to the generality of paragraph (1) —
a
provide for the street authority to carry out any function under this Order which relates to the street in question; and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Supplemental
Discharge of water
13
1
The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction, operation or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the limits of deviation, make openings into, and connections with, the watercourse, sewer or drain.
2
The undertaker shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The undertaker shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The undertaker shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
5
The undertaker shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board or a local authority,
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Planning permission: supplementary matters
14
1
In relation to the application of paragraph (3)(c) of the Second Schedule of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Tree Preservation Order) Regulations 1969 (including that paragraph as applied by regulation 3(ii) of the Town and Country Planning (Tree Preservation Order) (Amendment) and (Trees in Conservation Areas) (Exempted Cases) Regulations 1975 , or as incorporated in any tree preservation order), any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to works authorised by this Order shall be treated as deeming the permission to have been granted on application made under Part III of that Act for the purposes of that Part.
2
In relation to the application of article 5(1)(d) of the Form of Tree Preservation Order set out in the Schedule to the Town and Country Planning (Trees) Regulations 1999 as incorporated in any tree preservation order or as having effect by virtue of regulation 10(1)(a) of those Regulations, any direction under section 90(2A) of the 1990 Act deeming planning permission to be granted in relation to the works authorised by this Order shall not be treated as an outline planning permission.
3
Planning permission which is deemed by a direction under section 90(2A) of the 1990 Act to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
Power to survey and investigate land, etc.
15
1
The undertaker may for the purposes of this Order —
a
survey or investigate any land within the limits of deviation;
b
without prejudice to the generality of sub-paragraph (a), make trial holes in such positions as the undertaker thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
c
without prejudice to the generality of sub-paragraph (a), carry out archaeological investigations on any such land;
d
place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraph (a) to (c); and
e
enter on the land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (d).
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the undertaker —
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
No trial holes shall be made under this article in a carriageway or footway without the consent of the street authority, but such consent shall not be unreasonably withheld.
5
The undertaker shall make compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Mode of construction and operation of transit system
16
1
The transit system comprised in the authorised works shall be operated by electricity or, in an emergency or for the purposes of maintenance, by diesel power or other means.
2
The transit system shall be constructed on a gauge of 1,435 millimetres.
Obstruction of construction of authorised works
17
Any person who, without reasonable excuse, obstructs another person from constructing any of the authorised works under the powers conferred by this Order shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
18
1
The undertaker may acquire compulsorily so much of the land shown on the land plans within the limits of deviation for the scheduled works shown on those plans and described in the book of reference as may be required for or in connection with the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its transit system undertaking.
2
This article is subject to article 23(2).
Application of Part I of the Compulsory Purchase Act 1965
19
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted; and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to a notice of one month; or
ii
in any other case, a reference to notice of 3 months.
Application of the Compulsory Purchase (Vesting Declarations) Act 1981
20
1
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
2
In its application by virtue of paragraph (1), the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications.
3
In section 3 (preliminary notices) for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession); and
b
published in the London Gazette and in a local newspaper circulating in the area in which the land is situated.
.
4
In that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)” and after “given” there shall be inserted “and published”.
5
In that section, subsections (5) and (6) shall be omitted and at the end there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion; or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
.
6
In section 5 (earliest date for execution of declaration) —
a
in subsection (1), after “publication” there shall be inserted “in the London Gazette or in a local newspaper circulating in the area in which the land is situated”; and
b
subsection (2) shall be omitted.
7
In section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted.
8
References to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 19.
Powers to acquire new rights
21
1
The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 18 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 4 to this Order), where the undertaker acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in that land.
3
Schedule 4 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Powers to acquire subsoil only
22
1
The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1) of article 18 as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Where the undertaker acquires any part of the subsoil of land under paragraph (1) the undertaker shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) shall not prevent article 25 from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Rights under or over streets
23
1
The undertaker may enter upon and appropriate so much of the surface, subsoil of, or air-space over, any street shown on the land plans and described in the book of reference as may be required for the purposes of the authorised works and may use the surface, subsoil and air-space for those purposes or for any other purpose connected with or ancillary to its transit system undertaking.
2
The power under paragraph (1) may be exercised in relation to a street without the undertaker being required to acquire any part of the street or any easement or right in the street and except in relation to a street which is subject to stopping up pursuant to article 10, the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the street.
3
Any person who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without the undertaker acquiring any part of that person’s interest in the land and who suffers loss by the exercise of that power shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
Paragraph (2) shall not apply in relation to —
a
any subway or underground building; or
b
any cellar, vault, arch or other construction in, on or under a street which forms part of a building fronting on to the street.
Compensation
Disregard of certain interests and improvements
24
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land; or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land;
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part of certain properties
25
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 19) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the undertaker a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the undertaker agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the undertaker is authorised to acquire compulsorily under this Order.
8
If the undertaker agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
b
that the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the undertaker is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the undertaker may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, if it does so, shall pay to the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the undertaker shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
26
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the undertaker, whether compulsorily or by agreement; or
b
on the entry on the land by the undertaker under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land owned by the undertaker which is within the limits of land which may be acquired shown on the land plans and which is required for the purposes of this Order, shall be extinguished on the appropriation of the land for any of those purposes by the undertaker.
3
All private rights of way over land of which the undertaker takes temporary possession under this Order shall be suspended and unenforceable for as long as the undertaker remains in lawful possession of the land.
4
Any person who suffers loss by the extinguishments or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
5
This article does not apply in relation to any right of way to which section 271 or 272 of the 1990 Act (extinguishments of rights of statutory undertakers etc.) or paragraph 2 of Schedule 5 to this Order applies.
Time limit for exercise of powers of acquisition
27
The powers conferred by this Order to acquire land or rights over land compulsorily shall cease at the end of the period of five years beginning on the day on which this Order comes into force except to the extent that notice to treat has been served under Part I of the 1965 Act as applied by article 19 of this Order.
PART IV
MISCELLANEOUS AND GENERAL
Application of provisions of the 1996 Order
28
The following provisions of the Greater Manchester (Light Rapid Transit System) (Eccles Extension) Order 1996 shall apply to the authorised transit system as they apply to the transit system authorised by that Order —
Article 20 (Power to construct temporary transit systems)
Article 35 (Power to operate and use transit system)
Article 36 (Maintenance of approved works, etc.)
Article 37 (Removal of obstructions)
Article 38 (Traffic signs)
Article 40 (Power to lop trees overhanging transit system)
Article 41 (Trespass on tramroads)
Article 42 (Power to make byelaws)
Article 43 (Power to contract for police services)
Article 44 (Powers of disposal, agreements for operation, etc.)
Article 45 (Application of landlord and tenant law)
Article 46 (Jurisdiction of Rail Passengers' Committee)
Article 47 (Tramcars deemed public service vehicles)
Article 51 (For protection of Environment Agency).
Statutory undertakers, etc.
29
The provisions of Schedule 5 to this Order shall have effect.
For protection of BRB (Residuary) Limited
30
1
For the protection of BRB (Residuary) Limited (“the Company”) the following provisions shall, unless otherwise agreed in writing between the undertaker and the Company, have effect: —
2
The undertaker shall not under the powers of the Order acquire any land or other property of the Company, or any right in such land or property, without the consent of the Company.
3
Consent under paragraph (2) shall not be unreasonably withheld but may be given subject to reasonable conditions.
4
Without prejudice to the generality of paragraph (3) the Company may make it a condition of any such consent that the undertaker shall acquire the entirety of the Company’s interest in the former railway line from Old Trafford to Chorlton, Greater Manchester.
5
All rights and obligations of the Company, whether statutory or otherwise, relating to any land of the Company which is transferred to the undertaker under the powers or in consequence of this Order shall be transferred to the undertaker to the exclusion of the Company on the date on which the undertaker enters upon that land.
Disclosure of confidential information
31
A person who —
a
enters a factory, workshop or workplace in pursuance of the provisions of article 15; and
b
discloses to any person any information obtained by him relating to any manufacturing process or trade secret,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land.
Certification of plans, etc.
32
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the land plans, the works plans and the sections to the Secretary of State for certification that they are true copies of, respectively, the book of reference, plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
33
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
34
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law, or under two or more different provisions of this Order.
Arbitration
35
Unless otherwise agreed between the parties, any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit
Department for Transport, Local Government and the Regions
10th May 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the South Tyneside Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Tyneside Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the South Tyneside Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Gateshead and South Tyneside Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The South Tyneside Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Outturn Statements) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations shall apply only in relation to England and, except for regulation 3, only in relation to outturn statements prepared for the financial year beginning on 1st April 2001.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2001 Regulations ” means the Financing of Maintained Schools (England) Regulations 2001 ;
“the 2001 Outturn Regulations ” means the Education (Outturn Statements) (England) Regulations 2001 ;
“allocation formula” means the authority’s formula under regulation 10 of the 2001 Regulations used to determine schools' budget shares;
“authority” means a local education authority;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“ DfES number” means the reference number allocated to a school by the Department for Education and Skills;
“ ISB ” means an authority’s individual schools budget within the meaning of section 46(2) of the 1998 Act;
“ LEA number” means the reference number allocated to an authority by the Department for Education and Skills;
“ LSB ” means an authority’s local schools budget within the meaning of section 46(1) of the 1998 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“outturn statement” means the statement referred to in section 52(2) of the 1998 Act;
“school” means a maintained school;
“School Standards Grant” means the grant known as School Standards Grant paid in accordance with section 88B of the Local Government Finance Act 1988 , which in the case of primary, secondary and special schools is paid as part of the ISB;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“Standards Fund grant” means grant paid under section 484 of the 1996 Act together with the authority’s expenditure not offset by that grant but taken into account in determining the amount of that grant;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act; and
“version number” means a number which distinguishes a particular form submitted by the authority from earlier versions of that same form prepared by them.
2
In these Regulations, unless the context otherwise requires references to primary or secondary schools do not include special schools.
3
The following table shows provisions of the 1996 or 1998 Act defining or otherwise explaining expressions used in these Regulations —
financial year section 579(1) of the 1996 Act school’s budget share section 47(1) of the 1998 Act.
4
Unless the context otherwise requires, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered.
Revocation and saving
3
1
The 2001 Outturn Regulations are revoked in so far as they apply to outturn statements as therein defined prepared by local education authorities in England.
2
Notwithstanding paragraph (1) above —
a
the Education (School Financial Statements) (Prescribed Particulars etc ) Regulations 1994 shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1994;
b
the Education (School Financial Statements) (Prescribed Particulars etc) Regulations 1995 shall continue to apply to local education authorities in England in relation to the financial years beginning on 1st April 1995 to 1998;
c
the 2000 Outturn Regulations shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 1999; and
d
the 2001 Outturn Regulations shall continue to apply to local education authorities in England in relation to the financial year beginning on 1st April 2000.
Prescribed form of, and information to be contained in, outturn statements
4
1
An outturn statement for the financial year beginning on 1st April 2001 shall be prepared in three parts, and shall contain the information prescribed for the purposes of section 52(2) of the 1998 Act, as follows —
a
Part 1 shall be in the form prescribed in Schedule 1 and shall contain the information specified in the notes to Part 1 in Schedule 1 about how the planned expenditure specified in the authority’s budget statement for the financial year to which the outturn statement relates was actually incurred, or treated by the authority as having been incurred;
b
Part 2 shall be in the form prescribed in Schedule 2 and shall contain the information specified in the notes to Part 2 in Schedule 2, about the authority’s planned expenditure, the expenditure actually incurred, or treated by the authority as having been incurred, and other resources allocated by the authority, for each school for the financial year to which the outturn statement relates; and
c
Part 3 shall be in the form prescribed in Schedule 3 and shall contain the information specified in the notes to Part 3 in Schedule 3 about the authority’s expenditure actually incurred, or treated by them as having been incurred, in the financial year to which the outturn statement relates.
2
The following information must appear at the top of each of Parts 1 to 3 of an outturn statement —
a
the financial year to which the outturn statement relates;
b
the authority’s name;
c
the authority’s LEA number;
d
E-mail address;
e
the name of a person who can deal with queries in relation to the completed form;
f
that person’s telephone number;
g
the version number; and
h
the date that the form was completed.
3
Where a person is carrying out functions on behalf of an authority then the authority shall include information in Parts 1 to 3 of the outturn statement as if expenditure by that person in carrying out those functions were expenditure by the authority.
Prescribed manner and time of publication of outturn statements
5
For the purposes of section 52(3)(b) of the 1998 Act, every outturn statement shall be published by
a
supplying two copies to the Secretary of State for Education and Skills in accordance with regulation 6; and
b
making a copy available for reference by parents and other persons at all reasonable times and without charge at each education office of the authority.
6
1
Two copies of Parts 1, 2 and 3 of the outturn statement shall be supplied to the Secretary of State for Education and Skills in paper form and one copy in the form of machine readable data by E-mail or on a floppy disc provided for that purpose by the Secretary of State.
2
The font size used should be not less than 7pt.
3
Any computer language or software used to supply tables must be one which the Secretary of State for Education and Skills has notified to the authority.
7
1
An outturn statement shall be published before 1st October next following the end of the financial year to which it relates.
2
An outturn statement shall be revised if the authority discover any errors.
3
A revised outturn statement shall be subject to regulations 4, 5, 6, 7(2) and 8.
8
The authority shall furnish the governing body and head teacher of each school maintained by them with a copy of Parts 1 and 2 of the outturn statement.
Stephen Timms
Minister of State,
Department for Education and Skills
7th March 2002


text:
Citation, commencement and extent
1
1
This Order may be cited as the Animals (Scientific Procedures) Act 1986 (Fees) (Amendment) Order 2002 and shall come into force on 1st April 2002.
2
This Order does not extend to Northern Ireland.
Increase in fees
2
The Animals (Scientific Procedures) Act 1986 (Fees) Order 2000 is amended as follows:
a
in article 2(3) for the sum “£170” there is substituted “£252”;
b
in article 2(4) for the sum “£153” there is substituted “£226”; and
c
in article 3 for the sum “£763” there is substituted “£1,130”.
Angela Eagle
Parliamentary Under-Secretary of State
4th March 2002


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


text:
PART I
GENERAL
Title, extent and commencement
1
These Regulations may be cited as the Seed (Registration, Licensing and Enforcement) (England) Regulations 2002, shall apply in England and shall come into force on 31st January 2003.
General interpretation
2
1
In these Regulations —
“ the Act ” means the Plant Varieties and Seeds Act 1964;
“analyst in charge” and “seed analyst” have the meaning given in regulation 27(1);
“authorised officer” means an officer authorised by the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development for the purposes of these Regulations;
“the Department of Agriculture and Rural Development” means the Department of Agriculture and Rural Development in Northern Ireland;
“ LSTS ” means a laboratory in respect of which a licence has been granted pursuant to regulation 25;
“official measures” includes —
matters connected with the registration of a person who may engage in a seed industry activity under Part II of these Regulations;
matters connected with the training, examination and licensing of crop inspectors under Part III of these Regulations;
matters connected with the training, examination and licensing of seed samplers under Part IV of these Regulations; and
matters connected with the licensing of seed testing stations and the training and examination of seed analysts and Analysts in Charge under Part V of these Regulations;
“prescribed minimum weight”, in relation to a submitted sample, means the minimum weight of such a sample as prescribed in Schedule 7 of the appropriate Seed Marketing Regulations ;
“registered person” means a person registered pursuant to regulation 5 as a person who may engage in a seed industry activity;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“seed” means seed of any species to which Seed Marketing Regulations apply;
“seed industry activity” means any of the following —
the marketing of seed other than the marketing —
of small packages of seed, small EC packages of seed, small EC A packages of seed, or small EC B packages of seed (as defined in each case in the Seed Marketing Regulations);
of unpacketed seed;
by a producer of small quantities of seed for scientific purposes or selection work in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations which would permit the marketing of such seed under those Regulations;
by a producer of seed for test and trial purposes in compliance with an authorisation referred to in that connection in the Seed Marketing Regulations (where applicable) which would permit the marketing of such seed under those Regulations;
by or on behalf of a breeder of seed for market testing in compliance with an authorisation referred to in that connection in the Vegetable Seed (England) Regulations 2002 which would permit the marketing of such seed under those Regulations; or
of seed, as grown, for processing provided the identity of the seed is ensured;
the packing, sealing or labelling of seed (including the labelling or marking of standard seed of vegetables) except small packages of seed, small EC packages of seed, small EC A packages of seed, or small EC B packages of seed (as defined in each case in the Seed Marketing Regulations);
the re-packing, re-sealing or re-labelling of seed;
the preparation of mixtures of seeds permitted by the Seed Marketing Regulations; and
the cleaning, treating or other processing of seed intended for marketing;
“the Seed Marketing Directives” means —
Council Directive 2002/54/EC on the marketing of beet seed;
Council Directive 66/402/ EEC on the marketing of cereal seed, as last amended by Council Directive 2001/64/EC ;
Council Directive 66/401/EEC on the marketing of fodder plant seed, as last amended by Council Directive 2001/64/EC ;
Council Directive 2002/57/EC on the marketing of oil and fibre plant seed as last amended by Council Directive 2002/68/EC ; and
Council Directive 2002/55/EC on the marketing of vegetable seed;
“the Seed Marketing Regulations” means —
in relation to beet seed, the Beet Seed (England) Regulations 2002 ;
in relation to cereal seed, the Cereal Seed (England) Regulations 2002 ;
in relation to fodder plant seed, the Fodder Plant Seed (England) Regulations 2002 ;
in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (England) Regulations 2002 ; and
in relation to vegetable seed, the Vegetable Seed (England) Regulations 2002 ; and
“statutory seed testing” means seed testing carried out for the purposes of the Seed Marketing Regulations.
2
Subject to paragraph (3), in these Regulations “marketing” means —
a
selling, holding with a view to sale and offering for sale, and
b
any disposal, supply or transfer for the purpose of commercial exploitation of seed to third parties,
whether or not for consideration, and “market” and “marketed” shall be construed accordingly.
3
Trade in seed not aimed at commercial exploitation of the variety, such as the following operations —
a
the supply of seed to official testing and inspection bodies, and
b
the supply of seed to a person who provides processing or packaging services but who does not thereby acquire title to the seed supplied,
shall not be regarded as marketing of seed of that variety.
4
All applications, statements of commitment, representations, notices and requests to which these Regulations apply shall be made in writing.
5
“Writing” in paragraph (4) shall include an electronic communication within the meaning of the Electronic Communications Act 2000 provided that —
a
any document of the type referred to in paragraph (4) shall only be sent to the Secretary of State by an electronic communication if the Secretary of State has represented that electronic communication is a means by which persons can send such a document to her, and
b
notifications required to be made by the Secretary of State to any person shall only be made by an electronic communication if the intended recipient has himself used the same form of electronic communication in communicating with the Secretary of State pursuant to any provision of these Regulations or has otherwise represented that that form of electronic communication is a means by which the Secretary of State can communicate with him.
6
Expressions in these Regulations which are not defined in the preceding paragraphs of this regulation and which appear in the Seed Marketing Regulations have the same meaning in these Regulations as they have in those Regulations.
PART II
REGISTRATION OF PERSONS ENGAGED IN SEED INDUSTRY ACTIVITIES
Obligation to be registered
3
No person shall engage in a seed industry activity unless he is registered by the Secretary of State as a person who may engage in that activity.
Applications for registration
4
1
A person may apply to the Secretary of State to be registered as a person who may engage in a seed industry activity.
2
An application made under paragraph (1) may relate to all seed industry activities or to any one or more of them and shall —
a
be made in such form and manner as the Secretary of State may require; and
b
be accompanied by such information relating to the applicant’s proposed business and such other information as the Secretary of State may reasonably require for the purpose of determining whether the applicant is a suitable person to be registered as a person who may engage in the seed industry activity to which his application relates.
Registrations
5
1
Where an application is made under regulation 4 the Secretary of State shall, after carrying out such investigations and inspections as she may think fit, register the applicant as a person who may engage in the seed industry activity to which his application relates if she is satisfied that the applicant is a suitable person to engage in such activity.
2
In deciding whether an applicant is a suitable person to engage in the seed industry activity to which his application relates the Secretary of State may take into account the matters specified in Part I of Schedule 1.
Conditions to be complied with by registered persons
6
A registration granted under regulation 5 may be subject to any of the conditions specified in Part II of Schedule 1 and such other conditions as the Secretary of State may think necessary or desirable.
Termination of registrations
7
If a registered person requests the Secretary of State to terminate his registration in respect of any or all of the seed industry activities that he is registered as being entitled to engage in the Secretary of State shall comply with the request.
Revocation of registrations
8
Subject to regulation 36, the Secretary of State may revoke a person’s registration relating to his entitlement to engage in a seed industry activity if —
a
she is satisfied that the person is not complying with any of the conditions to which his registration is subject;
b
she is satisfied that there is no longer available to the person such premises, machinery, equipment, facilities or personnel and services as are necessary to enable him to engage in the seed industry activity;
c
the person has been found guilty of committing any offence under section 16(7) of the Act; or
d
she is otherwise no longer satisfied that the person is a suitable person to engage in the seed industry activity.
List
9
The Secretary of State —
a
shall keep a list containing the names and addresses of registered persons who may engage in a seed industry activity specifying, in the case of each registered person, the seed industry activity in respect of which they are registered;
b
shall make the list available for inspection by any person at any reasonable time; and
c
may from time to time publish the list in such manner as she thinks appropriate.
PART III
LICENSED CROP INSPECTORS
Applications for licences
10
1
An individual may apply to the Secretary of State for a licence authorising him to inspect crops grown to produce seed of any one or more of the species and categories listed in Part I of Schedule 2.
2
An application made under paragraph (1) shall be in such form and manner as the Secretary of State may require and be accompanied by such information as the Secretary of State may reasonably require.
Licences
11
1
Where an application is made under regulation 10(1) the Secretary of State shall grant the applicant a licence authorising him to inspect crops of the species and category to which his application relates if she is satisfied that the applicant has —
a
completed an appropriate training course relating to the inspection of seed crops of that species and category;
b
passed an examination relating to the inspection of seed crops of that species and category organised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
c
signed a statement of commitment to carry out his functions in accordance with such instructions as may from time to time be issued by or on behalf of the Secretary of State.
2
A licence granted under paragraph (1) —
a
shall specify which of the functions listed in Part II of Schedule 2 are covered by the licence; and
b
may impose any of the conditions listed in Part III of Schedule 2 and such other conditions as the Secretary of State may think necessary or desirable having regard to the species and category of crops that may be inspected by the licence holder.
3
A licensed crop inspector who is employed by a person who is engaged in a seed industry activity shall carry out crop inspections only on crops grown by or on behalf of his employer unless otherwise agreed between his employer, the applicant for certification and by the Secretary of State.
Variation of licences
12
1
A crop inspector may apply to the Secretary of State for his licence to be varied so as to authorise him to inspect crops being grown to produce seed of another species and category listed in Part I of Schedule 2 in addition to the species and category specified in his licence or instead of such species and category.
2
Where an application is made under paragraph (1) it shall be treated as though it had been made under regulation 10(1) and the Secretary of State may vary a crop inspector’s licence so as to authorise him to inspect crops of the species and category to which his application relates if she is satisfied that the applicant has satisfied the requirements of regulation 11(1).
3
In varying a licence under paragraph (2) the Secretary of State may vary the functions of the crop inspector specified in his licence and the conditions imposed by his licence.
4
Subject to regulation 36, the Secretary of State may vary a crop inspector’s licence whether or not she has received any application under this regulation by —
a
removing his authorisation to inspect a species and category of crop if she is satisfied that the crop inspector is no longer qualified to inspect crops of that species and category or that his authorisation to inspect such crops is otherwise no longer appropriate; or
b
varying the functions or the conditions set out in the licence.
Termination of licences
13
If a licensed crop inspector requests the Secretary of State to terminate his licence the Secretary of State shall comply with the request.
Suspension and revocation of licences
14
Subject to regulation 36, the Secretary of State may suspend or revoke a licensed crop inspector’s licence if she is satisfied that the licence holder —
a
is no longer qualified to inspect crops of the species and category to which his licence relates or is otherwise unfit to perform any of the functions of a licensed crop inspector specified in the licence, or
b
has failed to comply with any of the conditions imposed on him by the licence.
List
15
The Secretary of State —
a
shall keep a list of the names and addresses of licensed crop inspectors and shall specify in the case of each crop inspector the species and category of crops which he is licensed to inspect;
b
shall make the list available for inspection by any person at any reasonable time; and
c
may from time to time publish the list in such manner as she thinks appropriate.
Fees
16
A licensed crop inspector may charge reasonable fees for carrying out his functions as a licensed crop inspector but shall not derive any private gain in connection with the carrying out of such functions.
PART IV
LICENSED SEED SAMPLERS
Applications for licences
17
1
An individual may apply to the Secretary of State for a licence authorising him to take samples of seed of the species specified in Part I of Schedule 3 for the purposes of the Seed Marketing Regulations.
2
An application made under paragraph (1) shall be made in such form and manner as the Secretary of State may require and shall be accompanied by such information as the Secretary of State may reasonably require.
Licences
18
1
Where an application is made under regulation 17 the Secretary of State shall grant the applicant a seed sampler’s licence if —
a
she is satisfied that the applicant has undertaken a training course on seed sampling organised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development; and
b
the applicant, having completed such a course, has passed an examination on seed sampling organised by or on behalf of the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development.
2
A licence granted under paragraph (1) —
a
shall specify which of the functions listed in Part II of Schedule 3 are covered by the licence and may in addition specify any other functions which the Secretary of State thinks necessary or desirable; and
b
may impose any of the conditions listed in Part III of Schedule 3 and such other conditions as the Secretary of State may think necessary or desirable.
3
A licensed seed sampler who is employed by a person who is engaged in a seed industry activity shall only sample seed lots produced by or on behalf of his employer unless otherwise agreed between his employer, the applicant for certification and by the Secretary of State.
Variation of licences
19
Subject to regulation 36, the Secretary of State may vary a seed sampler’s licence as she thinks fit.
Termination of licences
20
If a seed sampler requests the Secretary of State to terminate his licence the Secretary of State shall comply with the request.
Suspension and revocation of licences
21
Subject to regulation 36, the Secretary of State may suspend or revoke a seed sampler’s licence if she is satisfied that he —
a
is no longer qualified to sample seed or is otherwise unfit to perform any of the functions specified in his licence; or
b
is not carrying out the functions specified in his licence or complying with the conditions imposed on him by his licence.
List
22
The Secretary of State —
a
shall keep a list of the names and addresses of licensed seed samplers;
b
shall make the list available for inspection by any person at any reasonable time; and
c
may from time to time publish the list in such manner as she thinks appropriate.
Fees
23
A licensed seed sampler may charge reasonable fees for carrying out his functions as a licensed seed sampler but shall not derive any private gain in connection with the carrying out of such functions.
PART V
LICENSED SEED TESTING STATIONS
Applications for licences
24
1
A person may apply to the Secretary of State for an establishment to be licensed as a laboratory that may be used for carrying out statutory seed testing.
2
An application made under paragraph (1) may relate to any species of seed to which the Seed Marketing Regulations apply, except seed of a species to which the Vegetable Seed (England) Regulations 2002 apply.
3
An application made under paragraph (1) shall —
a
contain the name and address of the applicant and, where different, the person who shall be in charge of the laboratory (the “person in charge”);
b
be accompanied by details of the laboratory and species of seed in respect of which a licence is sought; and
c
contain such other information as the Secretary of State may reasonably require for the purpose of considering the matters to be taken into account in Part I of Schedule 4.
Licences
25
1
Where an application is made in accordance with regulation 24 the Secretary of State shall license the establishment to be used as a laboratory that may carry out statutory seed testing of the species specified in that application if she is satisfied that the laboratory is suitable having regard to the matters to be taken into account in Part I of Schedule 4.
2
A LSTS belonging to a registered person shall only carry out statutory seed testing on seed lots produced by or on behalf of that person unless otherwise agreed between the registered person, the applicant for certification and the Secretary of State.
3
The licence shall be subject to the conditions set out in Part II of Schedule 4 and such other conditions as the Secretary of State may think necessary or desirable having regard to the species of seed to be tested, the nature of the tests to be carried out and the procedure to be followed in connection with such tests.
Variation of licences
26
1
The person in charge of a LSTS may apply to the Secretary of State for the licence held in respect of that LSTS to be varied so as to authorise its use as a laboratory that may carry out statutory seed testing on another species of seed in addition to the species specified in the licence or instead of such species.
2
Where an application is made under paragraph (1) the Secretary of State shall vary the licence so as to authorise the laboratory to which it relates to carry out statutory seed testing on the species of seed to which that application relates if she is satisfied that the laboratory is suitable, having regard to the matters to be taken into account in Part I of Schedule 4.
3
In varying a licence under paragraph (2) the Secretary of State may vary the conditions imposed by the licence.
4
Subject to regulation 36, the Secretary of State may vary a LSTS licence whether or not she has received any application under this regulation —
a
by removing the authorisation relating to the statutory seed testing of a species of seed if she is satisfied that the LSTS is no longer suitable to carry out statutory seed tests in respect of that species or that the authorisation to test such seed is otherwise no longer appropriate; or
b
by varying the conditions imposed by a LSTS licence.
Examinations
27
1
For the purposes of this Part and Schedule 4 —
a
a seed analyst is a person who —
i
has completed a training course organised by, or on behalf of, the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development relating to seed testing in respect of seed of the species being tested, or to be tested, by him; and
ii
having completed such a course, has passed the relevant examination organised by, or on behalf of, the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development;
b
an Analyst in Charge is a person who, being also a seed analyst, has —
i
completed the training course and passed the examination required of a seed analyst in respect of seed of each of the species which may be tested at the LSTS for which he has, or is to have, responsibility; and
ii
passed an examination relating to laboratory management organised by, or on behalf of, the Secretary of State, the Scottish Ministers, the National Assembly for Wales or the Department of Agriculture and Rural Development.
2
The Secretary of State may from time to time require any seed analyst carrying out statutory seed testing at a LSTS or the Analyst in Charge of a LSTS to attend such further training courses and undergo such further examinations as she considers appropriate in order to maintain his knowledge and qualifications in respect of his functions at the LSTS.
Duties of seed analysts in charge of LSTSs
28
A person acting as the Analyst in Charge of a LSTS shall —
a
have direct responsibility for the technical operations of the LSTS ;
b
be in effective control of all the statutory seed testing carried out at the LSTS; and
c
exercise close supervision of the work of any seed analyst assisting him in connection with statutory seed testing carried out at the LSTS.
Suspension and revocation of licences
29
Subject to regulation 36, the Secretary of State may suspend or revoke a LSTS licence if it appears to her that —
a
there has been a breach of any conditions of the licence;
b
a person acting as a Analyst in Charge of a LSTS —
i
is no longer qualified to act as such,
ii
has failed to comply with the duties imposed on him by regulation 28, or
iii
is otherwise unfit to perform his duties; or
c
a seed analyst carrying out statutory seed testing at the LSTS is no longer qualified to do so.
List
30
The Secretary of State —
a
shall prepare a list of LSTSs and shall specify in the case of each LSTS the species of seed which it is licensed to test;
b
shall make the list available for inspection by any person at any reasonable time; and
c
may from time to time publish the list in such manner as she thinks appropriate.
Fees
31
1
The person in charge of a LSTS may charge reasonable fees for statutory seed testing carried out on seed at the LSTS but shall not derive any private gain from such tests.
2
The Secretary of State may charge the person in charge of a LSTS reasonable fees in respect of costs incurred by the Secretary of State in connection with the licensing and supervision of the LSTS and the statutory seed testing carried out there.
PART VI
ENFORCEMENT OF SEEDS REGULATIONS
Sampling for enforcement purposes
32
1
A sample of seed taken for the enforcement of the Seed Marketing Regulations or these Regulations shall be taken and divided by an authorised officer in accordance with the requirements contained in Schedule 5 to provide three parts of which —
a
one part shall be delivered or sent to the owner of the seed or his representative; and
b
two parts shall be delivered or sent to an official seed testing station, one of which parts shall be officially examined for the purposes of the appropriate Seed Marketing Regulations and the other of which shall be retained by such person for production to a court in accordance with section 26(7) of the Act,
except that where it appears to the person taking the sample that the seed from which the sample has been taken was purchased for use and not for resale, the first part of the sample shall be delivered or sent to the last seller of the seed or to his representative instead of to the owner of the seed or his representative.
2
Where a part of a sample taken under this regulation has been officially examined for the purposes of the appropriate Seed Marketing Regulations, any residue from the sample may be used for such other tests as the Secretary of State may direct including for the purpose of the Community comparative tests referred to in the corresponding Seed Marketing Directives.
3
Subject to paragraph (4), the minimum weight of the sample of seed shall be such as to ensure that each of the parts into which it is divided is of not less than the prescribed minimum weight for the sample.
4
Where the seed from which a sample is to be taken for the enforcement of the Vegetable Seed (England) Regulations 2002 is contained in small packages, the sample shall consist of as many such packages as the person taking the sample may reasonably require.
Certificates of taking and testing a sample
33
1
A certificate in the form set out in Schedule 6 of the taking of a sample of seed for the enforcement of Seed Marketing Regulations is prescribed for the purposes of section 26(3) of the Act.
2
A certificate of the result of a test of a sample of seed carried out for the enforcement of the Seed Marketing Regulations is prescribed for the purposes of section 24(5) of the Act, in the form set out in Schedule 7 which corresponds with the species of seed tested.
PART VII
MISCELLANEOUS AND SUPPLEMENTAL
Arrangements for official measures
34
1
Subject to the following provisions of this regulation, the Secretary of State may make arrangements, in such form as she is of the opinion may be necessary or desirable, for the purpose of enabling any person to act under her responsibility or control to carry out official measures.
2
The Secretary of State shall not make arrangements under this regulation unless she is satisfied that it will make provision for the purpose of preventing the person with whom the arrangement is made, and any other person, from —
a
deriving any private gain from any official measures carried out under the arrangement; and
b
carrying out any official measures under the arrangement except under the supervision of the Secretary of State.
3
An arrangement under this regulation may include such conditions as the Secretary of State is of the opinion are necessary or desirable for the purposes referred to in paragraphs (1) and (2), including conditions —
a
specifying —
i
the official measures that the person with whom the arrangement is made shall carry out under it;
ii
the fees that may be charged by the person with whom the arrangement is made in relation to the official measures he carries out; and
iii
the records that must be kept by the person with whom the arrangement is made in connection with the official measures he carries out; and
b
prohibiting the person with whom the arrangement is made from —
i
carrying out the official measures except under official supervision; and
ii
charging fees in relation to official measures he carries out under the arrangement except to the extent that these do not exceed the costs he incurs in carrying them out.
4
The Secretary of State may vary, suspend or revoke an arrangement or the conditions of an arrangement made under this regulation, by giving notice to the person with whom the arrangement is made.
5
A notice of a variation, suspension or revocation of any arrangement or of a condition of an arrangement shall specify —
a
in respect of a variation or a revocation, a date on and after which the variation or revocation shall have effect, and
b
in respect of a suspension, a period during which the suspension shall have effect,
and the variation, suspension or revocation shall have effect in accordance with the notice.
6
When a variation, suspension or revocation has effect the Secretary of State may, for any purposes in relation to these Regulations or a determination under these Regulations, continue to have regard to such of the official measures carried out under an arrangement which was varied, suspended or revoked as appear to her to be official measures carried out in accordance with the provisions of these Regulations.
Fees
35
1
The Secretary of State may charge any person, including any person with whom an arrangement has been made under regulation 34, reasonable fees in respect of the costs the Secretary of State reasonably incurs in carrying out official measures for the purposes of these Regulations.
2
A person with whom an arrangement has been made in accordance with regulation 34, may charge any other person reasonable fees in respect of costs reasonably incurred in carrying out official measures under the responsibility or control of the Secretary of State in accordance with these Regulations.
3
Where a person has been given notice —
a
by or on behalf of the Secretary of State of a fee duly charged in accordance with paragraph (1); or
b
by a person with whom an arrangement has been made under regulation 34 of a fee duly charged in accordance with paragraph (2),
the person given the notice shall pay as specified in the notice the amount of the fee so charged.
Right to make representations
36
1
The Secretary of State shall not —
a
refuse to register a person as a person who may engage in a seed industry activity;
b
revoke the registration of a person as a person who may engage in a seed industry activity;
c
refuse to grant or vary a crop inspector’s licence;
d
vary a crop inspector’s licence pursuant to regulation 12(4);
e
suspend or revoke a licensed crop inspector’s licence;
f
refuse to grant a seed sampler’s licence;
g
vary a licensed seed sampler’s licence;
h
suspend or revoke a licensed seed sampler’s licence;
i
refuse to grant or vary a LSTS licence;
j
vary a LSTS licence pursuant to regulation 26(4); or
k
suspend or revoke a LSTS licence;
unless she has complied with the provisions of this regulation.
2
The Secretary of State shall —
a
give the person concerned notice stating what she is proposing to do and the reasons for it; and
b
inform the person concerned of his right to make representations to her and of the manner in which and the time (not being less than 21 days from the giving of the notice) within which such representations may be made.
3
In this regulation, the person concerned in the case of any notice served in connection with a LSTS shall be the person in charge of the LSTS.
4
Subject to paragraph (5), the Secretary of State shall not proceed with her proposed refusal, variation, suspension or revocation (as the case may be) until the period allowed for making representations has passed.
5
Where the Secretary of State considers it necessary to suspend a crop inspector’s licence, a seed sampler’s licence or a LSTS licence, with immediate effect, she may do so notwithstanding the right of the person concerned to make representations and when she gives notice of her decision under paragraph (7) she shall —
a
indicate whether the suspension should for the time being remain in force; or
b
withdraw the suspension of the licence.
6
A person who makes representations to the Secretary of State shall provide the Secretary of State with a copy of any document upon which that person seeks to rely within the time allowed for the making of such representations.
7
The Secretary of State shall consider any representations made to her under this regulation before giving the person concerned notice of her decision together with the reasons for it and, where appropriate, of the date from which the decision shall have effect.
8
A notice under paragraph (7) shall where applicable inform the person concerned of —
a
his right to appeal to the Tribunal against the Secretary of State’s decision; and
b
the time within which such an appeal may be brought.
9
There shall be no right of appeal to the Tribunal where the Secretary of State —
a
has refused to grant a crop inspector’s licence or a seed sampler’s licence for the sole reason that he failed to pass the relevant examination for the grant of the licence;
b
has refused to vary a crop inspector’s licence for the sole reason that he failed to pass the relevant examination for the variation of the licence; or
c
has decided that a licensed crop inspector or licensed seed sampler is no longer qualified to inspect crops or sample seed (as the case may be) and has —
i
in the case of a crop inspector varied, suspended or revoked his licence, or
ii
in the case of a licensed seed sampler suspended or revoked his licence,
for the sole reason that he failed to pass an examination which he was required to undergo as a condition of his licence.
10
The Secretary of State may charge any person making representations under this regulation reasonable fees in that connection which shall be payable on making the representations to her.
Appeals
37
1
A person notified of his right to appeal under regulation 36(8) may bring an appeal to the Tribunal.
2
The Secretary of State shall take such steps as may be necessary to give effect to any decision of the Tribunal given on the final determination of an appeal under paragraph (1).
Extension of time
38
Where any document is to be delivered or given or any act is to be done in a time prescribed by these Regulations the Secretary of State may, if in all the circumstances of the case she considers it reasonable, extend the time for such period and upon such terms as she thinks fit.
Form of records
39
Any record required to be kept under these Regulations may be in written or electronic form and shall be kept for at least three years.
Form of lists
40
Any list required to be kept by the Secretary of State under these Regulations may be in written or electronic form.
Service of notices
41
1
Any notice required by virtue of these Regulations to be given to any person by the Secretary of State may be given by her —
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address;
b
if the person is a body corporate other than a limited liability partnership, by giving it in accordance with paragraph (a) on the secretary of the body;
c
if the person is a limited liability partnership, by giving it in accordance with paragraph (a) on a member of the partnership; or
d
if the person is a partnership, by giving it in accordance with paragraph (a) on a partner or a person having control of the management of the partnership business.
2
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person to whom a notice is to be given shall be his last known address, except that —
a
in the case of a body corporate (other than a limited liability partnership) or its secretary, it shall be the address of the registered or principal office of the body;
b
in the case of a limited liability partnership or a member of the partnership, it shall be the address of the registered or principal office of the partnership; and
c
in the case of a partnership or a partner or a person having the control or management of a partnership business, it shall be the address of the principal office of the partnership.
3
Paragraph (4) applies if a person to be given a notice under these Regulations by the Secretary of State has specified to her an address within the United Kingdom other than his proper address (as determined under paragraph (2)) as the one at which he or someone on his behalf will accept notices of that description.
4
In relation to that notice, that address shall be treated as his proper address for the purposes of this regulation and section 7 of the Interpretation Act 1978 in its application to this regulation, instead of that determined under paragraph (2).
Revocations, transitional and savings provisions
42
1
Subject to the following provisions of this regulation, the following Regulations are revoked —
a
the Seeds (Registration, Licensing and Enforcement) Regulations 1985 (“the 1985 Regulations ”) as respects England; and
b
the Seed (Fees) Regulations 1985 (“the 1985 Fees Regulations ”) in relation to matters arising under the 1985 Regulations as respects England.
2
The revocations in paragraph (1) shall not apply in relation to seed harvested on or before 31st December 2002 until 1st July 2003; and the remaining provisions of this regulation shall have effect only in relation to anything done under the 1985 Regulations or the 1985 Fees Regulations as respects England.
3
Any application made to the Secretary of State in accordance with regulation 4(2) of the 1985 Regulations but not determined at the coming into force of these Regulations shall be treated as an application referred to in regulation 4(1) of these Regulations and shall be determined in accordance with these Regulations.
4
Any registration made pursuant to regulation 4(3) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a registration made pursuant to regulation 5 of these Regulations.
5
Subject to paragraph (6) —
a
any licence granted to a seed testing station pursuant to regulation 9(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 25 of these Regulations; and
b
any licence granted to a crop inspector or seed sampler pursuant to regulation 10(1) of the 1985 Regulations and having effect at the coming into force of these Regulations shall have effect as though it were a licence granted pursuant to regulation 11 of these Regulations in the case of a crop inspector and regulation 18 of these Regulations in the case of a seed sampler.
6
The right to make representations pursuant to regulation 36 of these Regulations and to appeal to the Tribunal pursuant to regulation 37 of these Regulations shall not apply in respect of any licence which was granted under the 1985 Regulations and which is varied within three months of the coming into force of these Regulations.
7
Any fee arising (whether wholly or in part) under the 1985 Regulations or the 1985 Fees Regulations but not paid at the coming into force of these Regulations shall be treated as a fee arising under these Regulations and shall be recoverable accordingly.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
18th December 2002


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2002 and shall come into force on 10th January 2003.
2
These Regulations shall apply in relation to the financial year beginning on 1st April 2003.
3
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 .
4
In these Regulations, “maintained school” means a community, foundation or voluntary school or a community or foundation special school.
5
In these Regulations, a reference to proposals for the establishment of a school is a reference to a proposal for the establishment of the school under section 28 or 31 of, or paragraph 5 of Schedule 7 to, the 1998 Act, section 70 of the 2002 Act or section 113A of and Schedule 7A to the 2000 Act.
6
In these Regulations, a reference (however framed) to a community, foundation or voluntary school or a community or foundation special school includes a proposed school which on implementation of proposals for the establishment of the school will be such a school and which has a temporary governing body.
7
In these Regulations, a reference to a governing body includes the temporary governing body of a proposed school falling within paragraph (6).
8
In these Regulations, a reference to a primary or secondary school means a primary or secondary school which is a community, foundation or voluntary school.
9
In these Regulations, a reference (however framed) to schools maintained by a local education authority does not include schools which are not maintained schools as defined in paragraph (4).
10
In these Regulations, unless otherwise stated, references to expenditure are references to that expenditure net of —
a
all related specific grants;
b
all related fees, charges and income;
c
funding received from the Secretary of State in respect of PFI scheme unitary payments; and
d
any LPSA grant which the authority propose to apply to an agreed activity or activities in pursuance of targets specified under the relevant Local Public Service Agreement
received by the local education authority.
11
In these Regulations, a reference to specific grant means any grant paid to the authority under conditions which impose restrictions on the particular purposes of the authority for which the grant may be used, provided that a specific grant shall not include —
a
any grant made by the Learning and Skills Council in respect of sixth form funding; or
b
any specific grant which is used to support expenditure through the individual schools budget.
12
In these Regulations, a reference to LSPA grant is a reference to a special grant paid to the authority under section 88B of the Local Government Finance Act 1988 in connection with a Local Public Service Agreement into which the authority has entered.
13
In these Regulations, a reference to a PFI scheme unitary payment is a reference to a charge payable by the local education authority under a private finance transaction.
14
In these Regulations, a reference to a private finance transaction is a reference to a transaction as defined by regulation 16 of the Local Authorities (Capital Finance) Regulations 1997 .
15
In these Regulations, a reference to a former grant-maintained or grant-maintained special school is a reference to a school which was such a school within the meaning of the 1996 Act immediately before 1st April 1999.
16
In these Regulations, a reference to a formula means a formula determined (after consultation) by the local education authority before the beginning of the financial year beginning on 1st April 2003 by which they will determine schools' budget shares in that financial year having regard to factors, criteria and requirements prescribed in regulations made under section 47 of the 1998 Act.
17
In these Regulations, a reference to capital expenditure means expenditure which an authority propose to capitalise in their accounts in accordance with proper practices being those accounting practices —
a
which the authority are required to follow by virtue of any enactment; or
b
which, so far as they are consistent with any such enactment, are generally regarded whether by reference to any generally recognised published code or otherwise, as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned .
18
In these Regulations, a reference to CERA means capital expenditure which an authority expect to charge to a revenue account of the authority as defined in section 41(2) of the Local Government and Housing Act 1989 .
19
In these Regulations, a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools shall include any expenditure of that class or description as the authority may incur in relation to Academies and to pupils registered at Academies.
Schools Budget
2
The classes or descriptions of local education authority expenditure specified in paragraphs (a), (b) and (c) (other than expenditure described in regulation 3) are hereby prescribed for the purposes of section 45A(2) of the 1998 Act and the determination of a local education authority’s schools budget, subject to the exceptions in regulation 4 —
a
expenditure on the provision and maintenance of maintained schools and maintained nursery schools and on the education of pupils registered at those schools;
b
expenditure on the education of pupils at independent schools, non-maintained special schools , pupil referral units , at home and in hospital, and on any other arrangements for the provision of primary and secondary education for pupils otherwise than at schools maintained by a local education authority; and
c
all other expenditure incurred in connection with the authority’s functions in relation to the provision of primary and secondary education, in so far as such expenditure does not fall within paragraphs (a) or (b).
LEA Budget
3
1
Subject to paragraph (2), the classes or descriptions of local education authority expenditure specified in Schedule 1 are hereby prescribed for the purposes of section 45A(1) of the 1998 Act and the determination of a local education authority’s LEA budget.
2
The classes or descriptions of local education authority expenditure specified in Schedule 1 shall not include any of the following —
i
Any expenditure which, by virtue of the authority’s scheme (as defined by section 48(5) of the 1998 Act) or by virtue of any enactment, falls to be met from a school’s budget share; or
ii
Any expenditure which falls within sub-paragraph (b) of paragraph 1, or paragraph 2, of Schedule 2.
Exceptions
4
A local education authority’s LEA budget or schools budget shall not include the following classes or descriptions of expenditure —
a
capital expenditure other than CERA;
b
expenditure for the purposes of section 26 of the Road Traffic Regulation Act 1984 (arrangements for patrolling school crossings); and
c
expenditure incurred by the local education authority under section 51A of the 1998 Act (expenditure incurred for community purposes).
Individual schools budget
5
A local education authority may deduct from their schools budget any or all of the classes or descriptions of planned expenditure set out in Schedule 2, in whole or in part, in order to arrive at their individual schools budget for the financial year.
David Miliband
Minister of State
Department for Education and Skills
20th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicestershire, Northamptonshire and Rutland Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the Leicestershire, Northamptonshire and Rutland Health Authority ;
“the new Trust” means the Northamptonshire Healthcare National Health Service Trust ; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 1st July 2002 and on behalf of the new Trust on 5th July 2002.
Transfer of trust property
2
1
On 30th September 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
4th September 2002