text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Companies) (Amendment) (England) Order 2002 and shall come into force on 30th September 2002.
2
The amendments made by article 2 apply only in relation to local authorities in England.
Amendment of Order
2
1
The Local Authorities (Companies) Order 1995 (“the 1995 Order ”) is amended as follows.
2
In article 14 (application of Part IV: requirement for credit cover) —
a
for paragraph (6) substitute —
6
In paragraph (5)(b) —
a
the reference to a credit approval is a reference to a credit approval having effect for the financial year following the current year and which is —
i
a basic credit approval or a supplementary credit approval issued or transferred to the authority; or
ii
a credit approval treated as issued to the authority under Part IV by virtue of section 118 of the Greater London Authority Act 1999 ;
b
the balance of a credit approval is that part of the approval with respect to which a determination has not been made under section 56(1).
;
b
in paragraph (8), omit “basic”.
3
For article 15 (application of Part IV: increase in the basic credit approval) substitute —
Application of Part IV: increase in a credit approval
15
1
Where in a financial year (in this article referred to as “the current year”) a regulated company reduces its liabilities within the meaning of article 16, the provisions in Part IV as to credit approvals shall apply subject to the modification that the relevant authority may treat a relevant credit approval as increased by the amount relating to that company of the excess referred to in article 16(4).
2
In paragraph (1), the reference to a relevant credit approval is a reference to a credit approval having effect for the financial year following the current year and which is —
a
a basic credit approval issued or transferred to the authority; or
b
a credit approval treated as issued to the authority under Part IV by virtue of section 118 of the Greater London Authority Act 1999.
3
A relevant credit approval may be treated as increased under paragraph (1) notwithstanding that a determination has been made under section 56(1) with respect to the whole or any part of the amount of the approval, and, where the amount of a relevant credit approval is nil, the amount of the increase shall be treated as the amount of the approval.
4
For the purposes of this article, where no amount of an aggregate credit approval or an additional credit approval has been specified for or allocated to an authority under sections 113 or 114 of the Greater London Authority Act 1999, the authority shall be deemed to have been issued with a relevant credit approval for a nil amount.
.
Transitional provision
3
1
This article has effect for the purpose of article 15 of the 1995 Order.
2
In this article “relevant authority” means the Greater London Authority or a functional body within the meaning of the Greater London Authority Act 1999.
3
Where, in the financial year ending on 31st March 2001 (“year one”), a regulated company reduced its liabilities within the meaning of article 16 of the 1995 Order, the relevant authority may treat a relevant credit approval having effect for the financial years ending on 31st March 2002 or 31st March 2003 as increased by the amount of the excess referred to in article 16(4) of the 1995 Order which arose in year one.
4
Where, in the financial year ending on 31st March 2002 (“year two”), a regulated company reduced its liabilities within the meaning of article 16 of the 1995 Order, the relevant authority may treat a relevant credit approval having effect for the financial year ending on 31st March 2003 as increased by the amount of the excess referred to in article 16(4) of the 1995 Order which arose in year two.
5
For the purposes of paragraph (3), where more than one relevant credit approval is treated as increased, the total increase shall not exceed the total excess which arose in year one.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
5th September 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Milton Keynes) Order 2002 and shall come into force on 25th March 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the borough of Milton Keynes with the exception of the following roads:
a
the A5 trunk road for its entire length in the borough including its on and off slip roads; and
b
the M1 motorway for its entire length in the borough including its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
26th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Cambridgeshire Primary Care Trust (Establishment) Order 2002 and shall come into force on 23rd January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Cambridgeshire Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 23rd January 2002 a Primary Care Trust to be called the South Cambridgeshire 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 Cambridgeshire 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 officers of the Authority available to the trust during the preparatory period.
3
The Lifespan National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State
Department of Health
13th January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rochdale Healthcare National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Rochdale Healthcare National Health Service Trust ;
“the new Trusts” means the Pennine Acute Hospitals National Health Service Trust and the Pennine Care National Health Service Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Pennine Acute Hospitals National Health Service Trust and signed on behalf of both the old Trust and the Pennine Acute Hospitals National Health Service Trust on 4th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Pennine Acute Hospitals National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Pennine Care National Health Service Trust and signed on behalf of the old Trust on 4th February 2002 and on behalf of the Pennine Care National Health Service Trust on 6th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Pennine Care National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the European Communities (Rights against Insurers) Regulations 2002 and shall come into force on 19th January 2003.
Interpretation
2
1
In these Regulations —
“the 1981 Order ” means the Road Traffic (Northern Ireland) Order 1981 ;
“the 1988 Act ” means the Road Traffic Act 1988 ;
“accident” means an accident on a road or other public place in the United Kingdom caused by, or arising out of, the use of any insured vehicle;
“entitled party” means any person who is —
a resident of a Member State; or
a resident of any other State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993;
“insured person” means a person insured under a policy of insurance satisfying the conditions set out in paragraph (3) of this regulation;
“vehicle” means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer whether or not coupled, which is normally based (within the meaning of paragraph (2) of this regulation) in the United Kingdom.
2
The territory in which a vehicle is normally based is —
a
the territory of the State of which the vehicle bears a registration plate; or
b
in cases where no registration is required for the type of vehicle, but the vehicle bears an insurance plate or a distinguishing sign analogous to a registration plate, the territory of the State in which the insurance plate or the sign is issued; or
c
in cases where neither registration plate nor insurance plate nor distinguishing sign is required for the type of vehicle, the territory of the State in which the keeper of the vehicle is permanently resident.
3
For the purposes of these Regulations, a vehicle is insured if there is in force in relation to the use of that vehicle on a road or other public place in the United Kingdom by the insured person a policy of insurance (including a covering note) which fulfils the requirements of section 145 of the 1988 Act or article 92 of the 1981 Order .
Right of action
3
1
Paragraph (2) of this regulation applies where an entitled party has a cause of action against an insured person in tort or (as the case may be) delict, and that cause of action arises out of an accident.
2
Where this paragraph applies, the entitled party may, without prejudice to his right to issue proceedings against the insured person, issue proceedings against the insurer which issued the policy of insurance relating to the insured vehicle, and that insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person.
Signed by authority of the Lord Chancellor
Scotland of Asthal QC
Parliamentary Secretary,
Lord Chancellor’s Department
10th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastleigh and Test Valley South Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Eastleigh and Test Valley South Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Eastleigh and Tst Valley South Primary Care Trust.
2
The operational date of the Trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Huddersfield Central Primary Care Trust (Establishment) Order 2002 and shall come into force on 8th February 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 Huddersfield Central 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 8th February 2002 a Primary Care Trust to be called the Huddersfield Central 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 Calderdale and Kirklees 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 Calderdale and Huddersfield 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
29th January 2002


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Professional Conduct) (Amendment No. 2) Rules 2002 Approval Order 2002, and shall come into force on 31st March 2002.
Irvine of Lairg, C.
Dated 11th March 2002


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


text:
Citation and interpretation
1
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No. 11) Order 2002.
2
In this Order, unless the context otherwise requires, any reference to a numbered section or Schedule is a reference to the section or, as the case may be, the Schedule bearing that number in the Child Support, Pensions and Social Security Act 2000.
Amendment of earlier Order
2
Article 2(b) of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 9) Order 2001 (which brings Part II of Schedule 5 into force on 6th April 2002 for all purposes other than that of authorising the making of regulations and orders) shall be omitted.
Appointed days
3
1
The day appointed for the coming into force of
a
sections 47 (information to be given to the Authority) and 48 (modification by Authority to secure winding-up);
b
section 49(1) (reports about winding-up) in so far as it inserts section 72A(1) and (2) into the Pensions Act 1995 ;
c
section 49(1) in so far as it inserts section 72A(3) into that Act, except for the words “Subject to subsection (4),” and “(apart from any postponement under subsection (4))”;
d
section 49(1) in so far as it inserts section 72A(7), (8)(a) and (9) into that Act;
e
section 49(2) and (3);
f
section 50 (directions for facilitating winding-up);
g
section 54 (investigations by the Pensions Ombudsman);
h
section (2) of Part III of Schedule 9 (repeals: information to be given to the Authority)
is 1st March 2002 for the purposes of making regulations and rules.
2
The day appointed for the coming into force of the provisions mentioned in paragraph (1) of this article, except section 54, is 1st April 2002 for all purposes other than the purposes of making regulations.
3
The day appointed for the coming into force of section (11) of Part III of Schedule 9 (spent provisions) is 6th April 2002.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
27th February 2002


text:
Citation and commencement
1
These Regulations may be cited as the Inheritance Tax (Delivery of Accounts) (Excepted Estates) Regulations 2002, shall come into force on 1st August 2002 and shall have effect in relation to deaths occurring on or after 6th April 2002.
Interpretation
2
In these Regulations —
“ the Board ” means the Commissioners of Inland Revenue;
“the 1984 Act ” means the Inheritance Tax Act 1984;
“an excepted estate” has the meaning given in regulation 3;
“the prescribed period” in relation to any person is the period beginning with that person’s death and ending —
in England, Wales and Northern Ireland, 35 days after the making of the first grant of representation in respect of that person (not being a grant limited in duration, in respect of property or to any special purpose); or
in Scotland, 60 days after the date on which confirmation to that person’s estate was first granted;
“value” means value for the purpose of tax.
Excepted estates
3
1
An excepted estate means the estate of a person immediately before his death in either of the circumstances prescribed by paragraphs (2) and (3) below.
2
The circumstances prescribed by this paragraph are that —
a
the person died on or after 6th April 2002, domiciled in the United Kingdom;
b
the value of that person’s estate is attributable wholly to property passing under his will or intestacy or under a nomination of an asset taking effect on death or under a single settlement in which he was entitled to an interest in possession in settled property or by survivorship in a beneficial joint tenancy or, in Scotland, by survivorship;
c
of that property —
i
not more than £100,000 represented value attributable to property which, immediately before that person’s death, was settled property; and
ii
not more than £75,000 represented value attributable to property which, immediately before that person’s death, was situated outside the United Kingdom;
d
that person died without having made any chargeable transfers during the period of seven years ending with his death other than specified transfers where the aggregate value transferred did not exceed £100,000; and
e
the aggregate of the gross value of that person’s estate and of the value transferred by any specified transfers made by that person did not exceed £220,000.
3
The circumstances prescribed by this paragraph are that —
a
the person died on or after 6th April 2002;
b
he was never domiciled in the United Kingdom or treated as domiciled in the United Kingdom by section 267 of the 1984 Act ; and
c
the value of that person’s estate situated in the United Kingdom is wholly attributable to cash or quoted shares or securities passing under his will or intestacy or by survivorship in a beneficial joint tenancy or, in Scotland, by survivorship, the gross value of which does not exceed £100,000.
4
For the purposes of paragraph (2) “specified transfers” means chargeable transfers made during the period of seven years ending with that person’s death where the value transferred is attributable to —
a
cash;
b
quoted shares or securities; or
c
an interest in or over land (and furnishings and chattels disposed of at the same time to the same donee and intended to be enjoyed with the land), save to the extent that —
i
sections 102 and 102A(2) of the Finance Act 1986 apply to that transfer; or
ii
the land (or furnishings or chattels) became settled property on that transfer.
Accounts
4
Notwithstanding anything in section 216 of the 1984 Act no person shall be required to deliver to the Board an account of the property comprised in an excepted estate, unless the Board so require by a notice in writing issued to that person within the prescribed period.
5
If any person who has not delivered an account in reliance on regulation 4 discovers at any time that the estate is not an excepted estate, the delivery to the Board within six months of that time of an account of the property comprised in that estate shall satisfy any requirement to deliver an account imposed on that person.
Discharge of persons and property from tax
6
Subject to regulation 7 and unless within the prescribed period the Board issue a notice requiring an account of the property comprised in an excepted estate, all persons shall on the expiration of that period be discharged from any claim for tax on the value transferred by the chargeable transfer made on the deceased’s death and attributable to the value of that property and any Inland Revenue charge for that tax shall then be extinguished.
7
Regulation 6 shall not discharge any person from tax in the case of fraud or failure to disclose material facts and shall not affect any tax that may be payable if further property is later shown to form part of the estate and, in consequence of that property, the estate is not an excepted estate.
Transfers reported late
8
Where no account of a person’s excepted estate is required by the Board, an account of that estate shall, for the purposes of section 264(8) of the 1984 Act (delivery of account to be treated as payment where tax rate nil), be treated as having been delivered on the last day of the prescribed period in relation to that person.
Revocation
9
The Regulations listed in the Schedule are revoked in relation to deaths occurring on or after 6th April 2002.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
5th July 2002


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Virgin West Coast Class 390 Vehicles) Exemption Order 2002 and shall come into force on 22nd July 2002.
Interpretation
2
1
Any reference to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
2
Any reference to a numbered vehicle is a reference to a vehicle which forms part of the fleet of electrical multiple units numbered 390001 to 390053 of the class known as “Class 390” and is manufactured by ALSTOM Transport Limited for use by Virgin West Coast Trains Limited.
3
In this Order “adjustable table” means a table available for use in a wheelchair space, as defined in regulation 2(1), the height of which, at its lowest point, may be adjusted in steps of 20 millimetres within the range of 680 millimetres to 760 millimetres.
Exemptions
3
Subject to article 10, the vehicles numbered 68801 to 68815, 69101 to 69115, 69201 to 69215, 69501 to 69515 and 69601 to 69615 are hereby authorised to be used for carriage even though they do not conform with the provisions of regulation 6(1)(d).
4
Subject to articles 8(1) and 10, the vehicles numbered 69816 to 69853 are hereby authorised to be used for carriage even though they do not conform with the provisions of regulation 12 in so far as it requires that a refrigerator door handle for the use of passengers shall be operable by the exertion of a particular force.
5
Subject to articles 8(2) and 10, the vehicles numbered 69416 to 69453, 69716 to 69753 and 69916 to 69953 are hereby authorised to be used for carriage even though they do not conform with the provisions of regulation 18(4).
6
Subject to article 10 and, in respect of sub-paragraph (b), article 8(1), the vehicles numbered 69801 to 69815 are hereby authorised to be used for carriage even though they do not conform with the provisions of —
a
regulation 6(1)(d); and
b
regulation 12 in so far as it requires that a refrigerator door handle for the use of passengers shall be operable by the exertion of a particular force.
7
Subject to article 10 and, in respect of sub-paragraph (b), article 8(2), the vehicles numbered 69401 to 69415, 69701 to 69715 and 69901 to 69915 are hereby authorised to be used for carriage even though they do not conform with the provisions of —
a
regulation 6(1)(d); and
b
regulation 18(4).
Conditions
8
1
It is a condition of the exemption given by articles 4 and 6(b) that the door handle shall be operable by the exertion of a force not exceeding 25 newtons.
2
It is a condition of the exemption given by articles 5 and 7(b) that —
a
the operator shall provide, so far as is practicable, in that vehicle or, where that vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is available to alter the height of an adjustable table; and
b
the operator shall have in place, adjacent to an adjustable table, a sign clearly visible from the position of an occupant of a wheelchair in the wheelchair space indicating that the height of the table can be adjusted on request to a member of the train crew.
Expiry
9
1
The exemption given by articles 3, 6(a) and 7(a) in respect of regulation 6(1)(d) shall cease at the end of 31st December 2002.
2
The exemption given by articles 4, 5, 6(b) and 7(b) in respect of regulations 12 and 18(4) shall cease at the end of 31st May 2012.
10
The authorisations given by articles 3 to 7 shall cease forthwith if any vehicle authorised to be used for carriage by this Order is operated by a person other than Virgin West Coast Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
28th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Brighton and Sussex University Hospitals National Health Service Trust (Establishment) and Mid Sussex National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Brighton and Sussex University Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established an NHS trust which shall be called the Brighton and Sussex University Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service at or from Royal Sussex County Hospital, Eastern Road, Brighton, BN2 5BE and at or from Royal Alexandra Hospital for Children, Sussex Eye Hospital, Brighton General Hospital, Princess Royal Hospital and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS Trust
6
The Mid Sussex National Health Service Trust established by the Mid Sussex National Health Service Trust (Establishment) Order 1994 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kensington & Chelsea and Westminster Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Kensington & Chelsea and Westminster Health Authority ;
“the new Trust” means the North West London Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 29th November 2001 and on behalf of the new Trust on 5th December 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (Tweedwind Limited) Order 2002 and shall come into force on 22nd August 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Stephen Timms
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
22nd July 2002


text:
Citation and commencement
1
1
This Order may be cited as the City of Plymouth (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“city” means the city of Plymouth;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map of the City of Plymouth (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Plymouth City Council.
Wards of the City of Plymouth
3
1
The existing wards of the city shall be abolished.
2
The City shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
Plymouth City Council shall make a print of the map marked “Map of the City of Plymouth (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
5
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The City of Plymouth (Electoral Arrangements) Order 1978 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
22nd August 2002
Glyn Mathias
Commissioner
21st August 2002
Neil McIntosh
Commissioner
28th August 2002
Karamjit Singh
Commissioner
15th August 2002
Sam Younger
Commissioner
28th August 2002
Graham Zellick
Commissioner
15th August 2002


text:
Title, commencement and extent
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2002; they extend to England and Wales only, and shall come into force on 30th November 2002.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
‘the Residues Directives’ means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) (No. 2) Regulations 2002.
.
3
For paragraph (b) of regulation 6 there shall be substituted the following paragraph —
b
the procedure to be followed for sampling for the determination of pesticide residues shall —
i
be that set out in the Annex to Commission Directive 2002/63/ EC for the residues covered by Part 2 of Schedule 2; and
ii
so far as is practicable, be that set out in the Codex Alimentarius Commission ‘Recommended Method of Sampling for the Determination of Pesticide Residues for compliance with MRLs; CAC /GL 33-1999’ for the residues not covered by Part 2 of Schedule 2;
.
4
In Schedule 1 there shall be inserted at the appropriate places in columns 1 and 2 the following entries (the entries for Dimethoate and Quintozene being substituted for the existing ones):
Column 1 Column 2 Pesticide Residues
Bentazone Bentazone (sum of bentazone and conjugates 6-OH-and 8-OH-bentazone expressed as bentazone) Dimethoate Dimethoate (sum of dimethoate and omethoate expressed as dimethoate) Formothion Formothion Lindane Lindane (Hexachloro-cylohexane γ) Metsulfuron methyl Metsulfuron methyl Oxydemeton methyl Oxydemeton methyl (sum of oxydemeton methyl and demeton-S-methylsulfone expressed as oxydemeton methyl) Pyridate Pyridate (sum of pyridate, its hydrolysis product CL 9673 (6-chloro-4-hydroxy-3-phenylpyridazin) and hydrolysable conjugates of CL 9673 expressed as pyridate) Quintozene Quintozene (sum of quintozene, and pentachloroaniline expressed as quintozene
5
In Part I of Schedule 2 the following pesticide columns together with any residue level inserted under the respective columns shall be deleted —
a
Hexachlorocyclohexane ( HCH g) and Quintozene as at 1st December 2002;
b
Dimethoate as at 1st January 2003;
c
Parathion as at 1st May 2003.
6
For Part 2 of Schedule 2 there shall be substituted the Schedule to these Regulations.
Signed on behalf of the National Assembly for Wales.
D. Elis-Thomas
Presiding Officer, National Assembly for Wales
24th October 2002
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
31st October 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Telford and Wrekin (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“borough” means the borough of Telford and Wrekin;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to a map is a reference to the map marked “Map referred to in the Borough of Telford and Wrekin (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Telford and Wrekin Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Telford and Wrekin
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirty-three wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Church Aston
4
The parish of Church Aston shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Dawley Hamlets
5
The parish of Dawley Hamlets shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Great Dawley
6
1
The existing wards of the parish of Great Dawley shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be seven.
Wards of the parish of Hadley
7
1
The existing wards of the parish of Hadley shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Ketley
8
The parish of Ketley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Lawley and Overdale
9
The parish of Lawley and Overdale shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 7; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Lilleshall and Donnington
10
1
The existing wards of the parish of Lilleshall and Donnington shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 8; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Madeley
11
1
The existing wards of the parish of Madeley shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Cuckoo Oak, Madeley and Woodside; each parish ward shall comprise the area of the borough ward bearing the same name.
3
The number of councillors to be elected for each of the Cuckoo Oak and Madeley parish wards shall be five and for the Woodside parish ward shall be seven.
Wards of the parish of Newport
12
1
The existing wards of the parish of Newport shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 9; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Oakengates
13
1
The existing wards of the parish of Oakengates shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 10; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of St Georges and Priorslee
14
The parish of St Georges and Priorslee shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 11; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Stirchley and Brookside
15
1
The existing wards of the parish of Stirchley and Brookside shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 12; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of The Gorge
16
1
The existing wards of the parish of The Gorge shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Coalport and Jackfield, Ironbridge Gorge and Lightmoor; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Coalport and Jackfield parish ward shall be two and for each of the Ironbridge Gorge and Lightmoor parish wards shall be three.
Wards of the parish of Wellington
17
1
The existing wards of the parish of Wellington shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Arleston, College, Dothill, Ercall, Haygate, Park and Shawbirch; each parish ward shall comprise the area of the borough ward bearing the same name, and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Wrockwardine Wood and Trench
18
The parish of Wrockwardine Wood and Trench shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 13; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
19
Telford and Wrekin Council shall make a print of the map marked “Map referred to in the Borough of Telford and Wrekin (Electoral Change) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
20
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of this Order.
Revocation
21
The District of The Wrekin (Parishes and Electoral Changes) Order 1997 is revoked, save for articles 2, 4 and 11.
Signed by the members of the Electoral Commission:
Pamela Gordon
Commissioner
11th September 2002
Glyn Mathias
Commissioner
11th September 2002
Neil McIntosh
Commissioner
11th September 2002
Karamjit Singh
Commissioner
11th September 2002
Sam Younger
Commissioner
11th September 2002
Graham Zellick
Commissioner
11th September 2002


text:
Citation and interpretation
1
1
These Regulations may be cited as the Social Security (Paternity and Adoption) Amendment Regulations 2002 and shall come into force —
a
for the purposes of regulations 2(5)(a) and 3(3), on 24th November 2002;
b
for all other purposes, on the date on which Chapter 1 of Part 1 of the Employment Act 2002 comes into force.
2
In these Regulations —
a
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
b
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
c
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ; and
d
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of the Income Support Regulations
2
1
The Income Support Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the Act” there shall be inserted the following definition —
“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;
;
b
after the definition of “partner” there shall be inserted the following definition —
“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 ;
.
3
In regulation 5 (persons treated as engaged in remunerative work), in paragraph (3A) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.
4
In regulation 35 (earnings of employed earners), in paragraph (2)(b) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.
5
In Schedule 1B (prescribed categories of person) —
a
in sub-paragraph 14(b) after the word “ends” there shall be inserted the words —
where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003
;
b
after paragraph 14A there shall be inserted the following paragraph —
Paternity Leave
14B
1
A person who is entitled to, and is taking, paternity leave and who satisfies either or both of the conditions set out in sub-paragraph (2) below.
2
The conditions for the purposes of sub-paragraph (1) are —
a
he is not entitled to statutory paternity pay by virtue of Part 12ZA of the Contributions and Benefits Act , or to any remuneration from his employer in respect of that leave for the period to which his claim for income support relates;
b
he is entitled to working families' tax credit, disabled person’s tax credit, housing benefit or council tax benefit on the day before that leave begins.
3
In this paragraph “remuneration” means payment of any kind.
.
6
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 4 —
i
after “Part V of the Act” there shall be inserted “, statutory paternity pay under Part 12ZA of the Contributions and Benefits Act, statutory adoption pay under Part 12ZB of the Contributions and Benefits Act ”;
ii
after the words “unable to work due to illness or maternity” there shall be added the words “or who is taking paternity leave or adoption leave”;
b
in paragraph 4A for “or statutory maternity pay under Part VI of the Social Security (Northern Ireland) Order 1986” there shall be substituted “, statutory maternity pay under Part XII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay or statutory adoption pay”.
Amendment of the Jobseeker’s Allowance Regulations
3
1
The Jobseeker’s Allowance Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(3) (interpretation) —
a
after the definition of “the Act” there shall be inserted the following definition —
“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;
;
b
after the definition of “part-time student” there shall be inserted the following definition —
“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996 ;
.
3
In paragraph (2)(i) of regulation 3E (entitlement of a member of a joint-claim couple to a jobseeker’s allowance without a claim being made jointly by the couple) after the word “ends” there shall be inserted —
where the expected week of confinement begins prior to 6th April 2003 or fifteen weeks after the date on which her pregnancy ends where the expected week of confinement begins on or after 6th April 2003
.
4
In regulation 52 (persons treated as engaged in remunerative work), in paragraph (1) after “maternity leave” there shall be inserted “, paternity leave, adoption leave”.
5
In regulation 98 (earnings of employed earners), in sub-paragraph (2)(c) after “maternity leave” there shall be inserted “, paternity leave, adoption leave”.
6
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 4 —
i
before “statutory sick pay” there shall be inserted “statutory paternity pay by virtue of Part 12ZA of the Benefits Act, statutory adoption pay by virtue of Part 12ZB of the Benefits Act,”;
ii
after the words “unable to work due to illness or maternity” there shall be added the words “or who is taking paternity leave or adoption leave”;
b
in paragraph 5 after “Social Security Contributions and Benefits (Northern Ireland) Act 1992” there shall be inserted “, or a payment under any enactment having effect in Northern Ireland corresponding to a payment of statutory paternity pay or statutory adoption pay”.
Amendment of the Housing Benefit Regulations
4
1
The Housing Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the Act” there shall be inserted the following definition —
“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;
; and
b
after the definition of “partner” there shall be inserted the following definition —
“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996;
.
3
In regulation 4 (remunerative work), in paragraph (6) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.
4
In regulation 21A (treatment of child care charges) —
a
in paragraph (7) —
i
in sub-paragraph (a) for “woman on maternity leave” there shall be substituted “person on maternity leave, paternity leave or adoption leave”;
ii
in sub-paragraph (a)(i) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”;
iii
in sub-paragraph (a)(iii) for the words from “or maternity” to the end, there shall be substituted “, statutory paternity pay by virtue of section 171ZA or 171ZB of that Act , statutory adoption pay by virtue of section 171ZL of that Act , maternity allowance under section 35 of that Act or qualifying support,”;
iv
in sub-paragraph (b) for “woman’s maternity leave” there shall be substituted “person’s maternity leave, paternity leave or adoption leave”;
v
in sub-paragraph (b)(ii) and (iii) for “statutory maternity pay” there shall be substituted “, qualifying support, statutory maternity pay, statutory paternity pay or statutory adoption pay”; and
vi
in sub-paragraph (c) for the words from “in this” to “means” there shall be substituted
in this paragraph —
i
“qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B of the Income Support (General) Regulations 1987; and
ii
“tax credit” means
; and
b
in paragraph (8) —
i
for “woman on maternity leave” there shall be substituted “person on maternity leave, paternity leave or adoption leave”; and
ii
for “the maternity leave” there shall be substituted “such leave”.
5
In regulation 28(1) (earnings of employed earners) —
a
in sub-paragraph (i) for “or statutory maternity pay” there shall be substituted, “statutory maternity pay, statutory paternity pay or statutory adoption pay”; and
b
in sub-paragraph (j) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.
6
In paragraph (3) of regulation 29 (calculation of net earnings of employed earners) , in sub-paragraph (d), for “or statutory maternity pay” there shall be substituted, “statutory maternity pay, statutory paternity pay or statutory adoption pay”.
Amendment of the Council Tax Benefit Regulations
5
1
The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) —
a
after the definition of “the Administration Act 1992” there shall be inserted the following definition —
“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996;
; and
b
after the definition of “partner” there shall be inserted the following definition —
“paternity leave” means a period of absence from work on leave by virtue of section 80A or 80B of the Employment Rights Act 1996;
.
3
In regulation 4 (remunerative work), in paragraph (6) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”.
4
In regulation 13A (treatment of child care charges) —
a
in paragraph (7) —
i
in sub-paragraph (a) for “woman on maternity leave” there shall be substituted “person on maternity leave, paternity leave or adoption leave”;
ii
in sub-paragraph (a)(i) after “maternity leave” there shall be inserted “, paternity leave or adoption leave”;
iii
in sub-paragraph (a)(iii) for the words from “or maternity” to the end, there shall be substituted “, statutory paternity pay by virtue of section 171ZA or 171ZB of that Act, statutory adoption pay by virtue of section 171ZL of that Act, maternity allowance under section 35 of that Act or qualifying support,”;
iv
in sub-paragraph (b) for “woman’s maternity leave” there shall be substituted “person’s maternity leave, paternity leave or adoption leave”; and
v
in sub-paragraph (b)(ii) and (iii) for “statutory maternity pay” there shall be substituted “, qualifying support, statutory maternity pay, statutory paternity pay or statutory adoption pay”; and
vi
in sub-paragraph (c) for the words from “in this” to “means” there shall be substituted
in this paragraph —
i
“qualifying support” means income support to which that person is entitled by virtue of paragraph 14B of Schedule 1B of the Income Support (General) Regulations 1987; and
ii
“tax credit” means
; and
b
in paragraph (8) —
i
for “woman on maternity leave” there shall be substituted “person on maternity leave, paternity leave or adoption leave”; and
ii
for “the maternity leave” there shall be substituted “such leave”.
5
In regulation 19(1) (earnings of employed earners) —
a
in sub-paragraph (i) for “or statutory maternity pay” there shall be substituted “, statutory maternity pay, statutory paternity pay or statutory adoption pay”; and
b
in sub-paragraph (j) after “maternity leave” there shall be inserted “, paternity leave or adoption leave,”.
6
In paragraph (3) of regulation 20 (calculation of net earnings of employed earners) , in sub-paragraph (d), for “or statutory maternity pay” there shall be substituted “, statutory maternity pay, statutory paternity pay or statutory adoption pay”.
Signed by authority of the Secretary of State for Work and Pensions.
P Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th October 2002


text:
1
This Order may be cited as the Merchant Shipping (Confirmation of Legislation) (Bermuda) Order 2002 and shall come into force on such date as the Governor of Bermuda may appoint by proclamation published in the Gazette of Bermuda.
2
The Merchant Shipping Act 2002 , enacted by the Legislature of Bermuda, is hereby confirmed.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Bolton Education Action Zone (Extension) Order 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In this Order —
“Bolton Education Action Zone” means the Education Action Zone established by the Bolton Education Action Zone Order 1999 .
The extension of the Bolton Education Action Zone
3
The Bolton Education Action Zone is extended for a further period of two years beginning with 10th January 2003.
David Miliband
Minister of State,
Department for Education and Skills
16th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order, “the principal Order ” means the Medicines (Products Other Than Veterinary Drugs) (General Sale List) Order 1984 .
Amendments of the principal Order
2
The principal Order is amended as follows —
a
in paragraph (2)(a) of article 1 (interpretation), after the definition of “irrigation” there shall be inserted the following definition —
“marketing authorization” means a marketing authorization granted by —
the European Commission in accordance with Council Regulation ( EEC ) No. 2309/93 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing a European Agency for the Evaluation of Medicinal Products ; or
the licensing authority under the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
; and
b
for article 2 (which specifies classes of medicines on a general sale list), there is substituted the following article —
General sale list
2
There are hereby specified classes of medicinal products which in the opinion of the Ministers can with reasonable safety be sold or supplied otherwise than by or under the supervision of a pharmacist, namely, medicinal products which are not prescription only medicines but which are —
a
medicinal products in respect of which a marketing authorization has been granted, which in the marketing authorization are classified as being general sale list medicines;
b
medicinal products in respect of which no marketing authorization has been granted, other than products the subject of a product licence of right, which fall within the class specified in Schedule 1 but which do not fall within a class specified in Schedule 3;
c
medicinal products which are products the subject of a product licence of right and which fall within the class specified in Schedule 2 but which do not fall within a class specified in Schedule 3; and
d
medicinal products which are for sale or supply either for oral administration as a food or for external use as a cosmetic, other than products which are eye drops or eye ointments or which contain either —
i
Vitamin A, Vitamin A acetate or Vitamin A palmitate with a maximum daily dose equivalent to more than 7500 international units of Vitamin A or 2250 micrograms of retinol, or
ii
Vitamin D with a maximum daily dose of more than 400 units of antirachitic activity.
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th March 2002
Bairbre de Brún
Minister of Health, Social Services and Public Safety
7th March 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of North Yorkshire) (Borough of Harrogate) Order 2002 and shall come into force on 15th July 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the borough of Harrogate with the exception of the following roads:
a
the A1(M) motorway for the whole of its length in the borough including all its on and off slip roads;
b
the A1 trunk road for the whole of its length in the borough including all its on and off slip roads and the high load diversion to the south of the junction of the trunk road with Mark Lane, Kirk Deighton;
c
the section of the A168 road from its junction with the northbound slip road onto the A1 trunk road at the Dishforth Interchange to its junction with the unnamed road leading to Dishforth Village at the roundabout lying to the south south east of the A168 trunk road at the Dishforth Interchange and including that roundabout;
d
the A 168 trunk road for the whole of its length in the borough including all its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
24th June 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No. 2) Regulations 2002 and shall come into force on 2nd April 2002.
2
These Regulations shall have effect in relation to award periods commencing on or after 2nd April 2002.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Treatment of child care charges
3
1
Amend regulation 51A(2) of the Disability Working Allowance Regulations and regulation 46A(2) of the Family Credit Regulations as follows.
2
In the definition of “relevant childcare charges” after sub-paragraph (h) insert
or
i
by a person in circumstances where the care service provided by him consists of child minding or of day care of children within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001 and is registered under Part 1 of that Act, or
ii
by a local authority in circumstances where the care service provided by the local authority consists of child minding or of day care of children within the meaning of section 2 of the Regulation of Care (Scotland) Act 2001 and is registered under Part 2 of that Act,
.
Sums to be disregarded in the calculation of income other than earnings
4
Amend Schedule 3 to the Disability Working Allowance Regulations (“Schedule 3”) and Schedule 2 to the Family Credit Regulations (“Schedule 2”) as follows.
5
1
In paragraph 14 of Schedule 3 and paragraph 14 of Schedule 2 —
a
in sub-paragraph (b) after the words “war widow's” insert “or war widower's”;
b
in sub-paragraph (c) after the word “widow” insert “or widower”.
6
In paragraphs 50, 51 and 52(1)(b) of Schedule 3 and paragraphs 52, 53, and 54(1)(b) of Schedule 2 after the word “widows” insert “or widowers”.
7
In paragraph 52(1)(a) of Schedule 3 and 54(1)(a) of Schedule 2 after the word “widow” insert “or widower”.
Graham Stringer
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
7th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Prescribed Period of Awards) Regulations 2002 and shall come into force on 4th June 2002.
Prescribed period of award
2
1
Where an award becomes payable on or after 4th June 2002, the period that is prescribed for which that award shall be payable is the period that begins on the date on which it becomes payable and ends on 7th April 2003.
This is subject to the provisions of Part VI of the Family Credit (General) Regulations 1987 and Part VII of the Disability Working Allowance (General) Regulations 1991 (changes of circumstances resulting in award ceasing to have effect from an earlier date).
2
In paragraph (1) “award” means an award of working families' tax credit or, as the case may be, disabled person’s tax credit (construing those terms in accordance with section 1(1) of the Tax Credits Act 1999).
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
14th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Kent Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the East Kent Health Authority ;
“the new Trust” means the East Kent Community National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 28th November 2001 and on behalf of the new Trust on 22nd November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Title, application and commencement
1
This Order may be cited as the Disease Control (Interim Measures) (England) (Amendment No. 3) Order 2002; it applies to England and shall come into force on 31st July 2002.
Amendment of the Disease Control (Interim Measures) (England) Order 2002
2
1
The Disease Control (Interim Measures) (England) Order 2002 shall be amended in accordance with the following provisions of this article.
2
In article 2 —
a
for the definition of “animals” there shall be substituted the following definition —
“animals” means cattle (excluding bison and yak), deer, goats, sheep and swine;
; and
b
the definition of “camelid” shall be revoked.
3
In article 3(2)(b) —
a
for paragraph (ix) there shall be substituted the following paragraph —
ix
of an animal to a show or exhibition from premises to which it has been moved from another show or exhibition, providing no other animal has been moved onto those premises (or other premises in the same sole occupancy group) during the period of 20 days before the day on which the first mentioned animal is to be moved;
;
b
for paragraph (xiv) there shall be substituted the following paragraph —
xiv
of an animal between land over which the owner or keeper of the animal has a registered right of common and —
aa
premises occupied by the owner or keeper of the animal and in relation to which the registered right of common is customarily exercised; or
bb
premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common is customarily exercised;
;
c
after paragraph (xiv) there shall be inserted the following paragraph —
xivA
of an animal between premises occupied by the owner or keeper of the animal and in relation to which a registered right of common over land is customarily exercised and premises occupied by any other person who has a registered right of common over that land and in relation to which the registered right of common of that other person is customarily exercised;
;
d
paragraph (xv) shall be revoked;
e
in paragraph (xvii) the word “camelids” shall be deleted; and
f
in paragraph (xviii) —
i
for the words “of a bull or ram or a goat, camelid or deer of either sex” there shall be substituted the words “of a bull or ram or a goat or deer of either sex”; and
ii
sub-paragraph (dd) shall be revoked.
4
In article 3(3) —
a
in sub-paragraph (c) for the words “a bull or a deer or camelid of either sex” there shall be substituted the words “a bull or a deer of either sex”;
b
paragraph (c)(iii) shall be revoked;
c
sub-paragraphs (f) and (k) shall be revoked; and
d
in sub-paragraph (o) the word “camelids” shall be deleted.
5
In article 3 after paragraph (4A) there shall be inserted the following paragraph —
4B
The requirements set out in paragraph (1) above shall not apply to the movement of any animal to or from any zoo licensed under the Zoo Licensing Act 1981 .
.
6
Articles 5, 6 and 14 shall be revoked.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th July 2002


text:
Citation, commencement, revocation and extent
1
1
These Regulations may be cited as the School Crossing Patrol Sign (England and Wales) Regulations 2002 and shall come into force on 9th January 2003.
2
In the Traffic Signs Regulations 1994 regulations 19(4)(b) and 39(1) and diagram 605.2 in Schedule 2 are revoked.
3
These Regulations extend to England and Wales.
Interpretation
2
In these Regulations —
a
“patrol sign” means a sign exhibited by a school crossing patrol for the purpose of stopping a vehicle in accordance with section 28(1) of the Road Traffic Regulation Act 1984;
b
“perimeter strip” has the meaning given by regulation 3(3);
c
“the pole” means the pole comprised in a patrol sign;
d
“retroreflecting material” means material which reflects a ray of light back towards the source of that light; and
e
“the roundel” means the roundel comprised in a patrol sign.
Size, colour and type of patrol sign
3
1
A patrol sign shall comprise a roundel and a pole on which the roundel is mounted.
2
The roundel shall be not less than 450 nor more than 470 millimetres in diameter and each of its faces shall be of the colour and type shown in the Schedule to these Regulations.
3
A protective strip, in these Regulations called a “perimeter strip”, may be applied to the perimeter of the roundel in accordance with the requirements of paragraph (4).
4
The requirements are that —
a
the perimeter strip shall not be retroreflecting;
b
the perimeter strip shall be either coloured red or uncoloured and transparent;
c
the part of the red border of the roundel not covered by the perimeter strip shall be at least 40 millimetres wide;
d
the overall width of the red border together with the perimeter strip shall not exceed 50 millimetres; and
e
the diameter of the part of the roundel coloured black and yellow shall not be less than 360 millimetres.
5
If a patrol sign was first used before the coming into force of these Regulations with a perimeter strip applied to the roundel, that strip may be retained even if it does not comply with the requirements of paragraph (4).
6
Paragraph (5) shall cease to have effect on 1st January 2004.
7
The pole shall be coloured with alternating black and yellow bands of equal size and not less than 285 nor more than 315 millimetres deep and with a black band uppermost below the roundel.
Illumination
4
1
The yellow bands on the pole may be illuminated by means of retroreflecting material.
2
The parts of the roundel coloured black shall not be illuminated by means of retroreflecting material.
3
Subject to paragraph (4), the parts of the roundel coloured yellow shall be fluorescent.
4
With the exception of the parts coloured black and any perimeter strip, the roundel shall be illuminated by means of retroreflecting material, but retroreflecting material applied to the parts coloured yellow shall, if that material is not fluorescent, be applied in horizontal strips with gaps between the strips.
5
The parts of the roundel coloured red may be fluorescent.
Signed by authority of the Secretary of State
David Jamieson,
Parliamentary Under Secretary of State,
Department for Transport
5th December 2002


text:
Citation and extent
1
1
This Order may be cited as the Homelessness Act 2002 (Commencement No. 2 and Transitional Provisions) (England) Order 2002.
2
This Order extends to England only.
Interpretation
2
In this Order, references to sections and Schedules are, unless otherwise stated, references to sections of and Schedules to the Homelessness Act 2002.
Commencement
3
Subject to article 4, the following provisions shall come into force on 30th September 2002 —
section 11, and
section 18(1) in so far as it relates to paragraph 17(a) of Schedule 1.
Transitional Provisions
4
The amendments made to the Housing Act 1996 by —
section 11, and
section 18(1) in so far as it relates to paragraph 17(a) of Schedule 1
shall not have effect in any case where an appeal is brought under section 204(1) of that Act before 30th September 2002.
Signed by authority of the First Secretary of State
Barbara Roche
Minister of State,
Office of the Deputy Prime Minister
10th September 2002


text:
Citation and commencement
1
This Order may be cited as the Hastings and St Leonards Education Action Zone (Extension) Order 2002 and shall come into force on 1st December 2002.
Interpretation
2
In this Order —
“Hastings and St Leonards Education Action Zone” means the Education Action Zone established by the Hastings and St Leonards Education Action Zone Order 1999 .
The extension of the Hastings and St Leonards Education Action Zone
3
The Hastings and St Leonards 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