text:
Title, commencement and extent
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2002 and shall come into force on 8th March 2002.
2
Subject to paragraph (3) below, this Order shall not form part of the law of Scotland.
3
Nothing in paragraph (2) above shall be treated as prejudicing the effect in Scotland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“the Council Regulation” means Council Regulation ( EC ) No. 2555/2001 fixing for 2002 the fishing opportunities and associated conditions for fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required ;
“Council Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy , as amended by Council Regulation (EC) No. 2870/95 , Council Decision (EC) 95/258 , Council Regulation (EC) 2489/96 , Council Regulation (EC) 2205/97 , Council Regulation (EC) 2635/97 and Council Regulation (EC) 2846/98 ;
“relevant British fishing boat” means a fishing boat, other than a Scottish fishing boat, which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“relevant offence” means an offence under:
article 3 of this Order, or
any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish fishing boat” means a fishing vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 .
“specified Community provision” means a provision of the Council Regulation specified in column 1 of Schedule 1 or 2 as read with any qualifying words relating to that provision in that column;
and
“third country fishing boat” means a fishing boat flying the flag of and registered in a state other than a Member State of the European Community.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Scottish zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to the Bailiwick of Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 ;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing —
i
any map, plan, graph or drawing;
ii
any photograph;
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93,
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
In this Order —
a
any reference to a Community instrument is a reference to that instrument as amended on the date this Order is made; and
b
any reference to a Schedule or to an article shall, unless the context otherwise requires, be construed as a reference respectively to a Schedule to this Order or an article of this Order.
4
For the purpose of the prohibition contained in paragraph 2 of Annex IV to the Council Regulation (which prohibits the landing of herring unsorted from the remainder of the catch at a harbour where adequate sampling programmes are not in place), a harbour in England or Northern Ireland shall not be regarded as having in place a system which is adequate for sampling a catch that includes unsorted herring unless, before the landing of the catch in question, —
a
the master of the fishing boat in question has applied to a British sea-fishery officer at the harbour in question for a decision as to the suitability of that harbour for landing the catch on that boat; and
b
the British sea-fishery officer has decided that the sampling systems at the harbour are adequate, having regard to the overall size and characteristics of the catch, for the purpose of monitoring effectively the landing of that catch, and has so notified the master.
Offences
3
1
Where there is, in respect of —
a
any relevant British fishing boat wherever it may be, or
b
any other fishing boat which is within relevant British fishery limits, a contravention of, or failure to comply with, any specified Community provision in column 1 of Schedule 1, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Where there is, in respect of any third country fishing boat to which any specified Community provision in column 1 of Schedule 2 applies which is within relevant British fishery limits, a contravention of, or failure to comply with, that specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
A person found guilty in England or Northern Ireland of an offence under article 3(1) or (2), or under any equivalent provision in any other order extending to any part of the United Kingdom, proceedings in respect of which were brought in England or Northern Ireland by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified —
i
in respect of an offence under article 3(1), in column 3 of Schedule 1, or
ii
in respect of an offence under article 3(2), in column 3 of Schedule 2,
in relation to the specified Community provision, the contravention of which or failure to comply with which founded the offence: and
b
on conviction on indictment, to a fine.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England or Northern Ireland on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of a relevant offence or an offence under article 10, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Article 114(2) and 154 of the Magistrates' Courts (Northern Ireland) Order 1980 (postponement of issue of certain warrants and objections as to want of form or variance between complaint etc. and evidence adduced) shall apply to a warrant of distress issued under this article in Northern Ireland as it applies to a warrant referred to in those articles of that Order.
4
Where in relation to a fine in respect of a relevant offence a transfer of fine order under section 90 of the Magistrates' Courts Act 1980, Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 specifies a petty sessions area in England or a petty sessions district in Northern Ireland this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing the provisions of article 3(1) or (2), or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below in relation to —
a
any relevant British fishing boat wherever it may be; and
b
any other fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in that person’s custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board and where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3(1) or (2), or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any British sea-fishery officer may in England or Northern Ireland —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in that person’s custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and may require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has a reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall also apply in relation to any land used in connection with any of the activities described in paragraph (1) above, and in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England or Northern Ireland a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of a relevant offence, and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier, or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
This article applies —
a
in England and Northern Ireland,
b
to any relevant British fishing boat wherever it may be, and
c
to any other fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that a relevant offence has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2), 7(1)(b) or 7(3) shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6, 7 or 8;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 6, 7 or 8 or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence and liable —
i
on summary conviction to a fine not exceeding the statutory maximum; or
ii
on conviction on indictment to a fine.
Provisions as to offences
11
1
Where any offence under article 3(1) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3(1) committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3(1) committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
12
1
Any —
a
logbook kept under Article 6, 17.2 or 28c;
b
declaration submitted under Article 8.1, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Article 9 or 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Regulation 2847/93 shall, in any proceedings in England or Northern Ireland for a relevant offence, be evidence of the matters stated therein.
2
For the purpose of paragraph (1) above, “required information” shall mean —
a
a fishing boat’s identification,
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude, and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Revocation
13
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2001 is revoked.
Elliot Morley
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
31st January 2002
John Reid
Secretary of State for Northern Ireland
8th February 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the District of East Riding (Electoral Changes) (Amendment) Order 2002.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2001 Order
2
1
The District of East Riding (Electoral Changes) Order 2001 shall be amended as follows.
2
In the table in Schedule 1, in column 2 (area of ward) —
a
in relation to the entry in column 1 for the ward of Tranby, there shall be inserted “The parish of Anlaby with Anlaby Common”; and
b
in relation to the entry in column 1 for the ward of Willerby and Kirk Ella, there shall be inserted “The parishes of Willerby and Kirk Ella”.
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
26th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police (Promotion) (Amendment) Regulations 2002 and shall come into force on 12th April 2002.
2
In these Regulations “the 1996 Regulations ” means the Police (Promotion) Regulations 1996 .
Amendments to the 1996 Regulations
2
1
Regulation 2 of the 1996 Regulations is amended as follows.
2
In paragraph (1) the following definition is inserted in the appropriate place —
“HPD scheme” means a scheme for the time being recognised by the Secretary of State for the purposes of these Regulations as the high potential development scheme;
.
3
In paragraph (3)(c) on each occasion where “fourteen” occurs substitute “eighteen”.
3
1
Regulation 3 of the 1996 Regulations is amended as follows.
2
In paragraph (2)(b) after “service” there is inserted “, or in the case of a sergeant participating in the HPD scheme, 1 year’s service,”.
4
For regulation 7 of the 1996 Regulations substitute —
High Potential Development Scheme
7
1
A constable who —
a
is qualified under regulation 3 for promotion to the rank of sergeant, and
b
is participating in the HPD scheme,
shall be promoted to the rank of sergeant as soon as the chief officer of police determines that he is competent to perform the duties of a sergeant.
2
A sergeant who —
a
is qualified under regulation 3 for promotion to the rank of inspector and
b
is participating in the HPD scheme,
shall be promoted to the rank of inspector as soon as the chief officer of police determines that he is competent to perform the duties of an inspector.
3
An inspector who is participating in the HPD scheme shall be promoted to the rank of chief inspector as soon as the chief officer of police determines that he is competent to perform the duties of a chief inspector.
4
Promotion under paragraphs (1), (2) or (3) —
a
shall take place whether or not there is a vacancy for the rank in question, and
b
does not affect any existing or subsequent vacancy unless the person promoted is designated to fill it.
.
John Denham
Minister of State
Home Office
20th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Assured Tenancies and Agricultural Occupancies (Forms) (Amendment) (England) Regulations 2002.
2
These Regulations shall come into force as follows —
a
regulations 1, 2 and 3 on 20 February 2002; and
b
regulation 4 on 20 June 2002.
3
These Regulations shall extend to England only.
Interpretation
2
In these Regulations, any reference to the 1997 Regulations is a reference to the Assured Tenancies and Agricultural Occupancies (Forms) Regulations 1997 .
Amendment of prescribed forms
3
1
The 1997 Regulations are amended as follows.
2
In Regulation 3(d), after “4” insert “or 4A”.
3
In the Schedule, after Form No. 4 insert the form in the Schedule to these Regulations.
Revocation and saving
4
1
Form No. 4 is hereby revoked.
2
Nothing in paragraph (1) affects the validity of a notice under section 13(2) of the Housing Act 1988 (notice proposing a new rent) served before the coming into force of this regulation if, at the date of service of the notice, the notice was in Form No. 4 or in a form substantially to the same effect.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
18th February 2002


text:
Citation, commencement and application
1
1
This Order may be cited as the Travel Concessions (Eligible Services) Order 2002 and comes into force on 14 August 2002.
2
This Order applies to Wales.
Interpretation
2
In this Order, the expressions “elderly person” (“ person oedrannus ”) and “disabled person” (“ person anabl ”) have the same meaning as in section 146 of the Transport Act 2000.
Eligible services
3
1
Subject to paragraph (4) of this article, a service is an eligible service under section 94 of the Transport Act 1985 and under section 146 of the Transport Act 2000 if it is of one of the following classes —
a
a local service provided or secured —
i
by a local education authority pursuant to arrangements made under section 509 of the Education Act 1996 , or
ii
for elderly persons or disabled persons,
and in respect of which the conditions set out in paragraph (2) are satisfied;
b
a local service, other than a service described in paragraph (1)(a) which is provided by means of a vehicle adapted to carry more than eight passengers (or by a smaller vehicle, but only if the services are operated in accordance with a time table), and in respect of which the conditions set out in paragraph (3) are satisfied.
2
The conditions referred to in paragraph (1) (a) are that —
a
seats on the vehicle by means of which the service is provided are normally available to members of the general public and the service is regularly used by such members;
b
the stopping places (other than those to or from which the service is mainly provided) are situated at locations where they are likely to be used with reasonable frequency by members of the general public;
c
such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;
d
such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service; and
e
arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, the times of its operation, and the places which it serves.
3
The conditions referred to in paragraph (1)(b) are that —
a
at least half of the accommodation on the vehicle by means of which the service is provided is normally available to members of the general public and the service is regularly used by such members;
b
the stopping places are situated at locations where they are likely to be used with reasonable frequency by members of the general public;
c
such members are able to make a single journey between any two stopping places upon payment of a fare which is not a deliberate deterrent to their use of the service;
d
such members are able to pay the fare at a place and in a manner which are not a deliberate deterrent to their use of the service;
e
there is not displayed on the vehicle by means of which the service is provided any sign or description intended or likely to convey the impression that the service is only available to a particular category of person; and
f
arrangements are made which afford members of the general public a reasonable opportunity to inform themselves of the existence of the service, times of its operation and the places which it serves.
4
This regulation only has effect after section 92 of the Finance Act 1965 ceases to have effect as a result of the coming into force, in relation to Wales, of section 154(6) of the Transport Act 2000.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the Assembly
31st July 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles (Registration of Local Services) (Amendment) (No. 2) (England and Wales) Regulations 2002 and shall come into force on 1st November 2002.
2
These Regulations extend to England and Wales .
Amendment to registration fees
2
1
The Public Service Vehicles (Registration of Local Services) Regulations 1986 are amended in accordance with paragraphs (2) and (3) below.
2
In regulation 12(1)(b), for “£38” there is substituted “£40”.
3
In regulation 12(2)(b), for “£38” there is substituted “£40”.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
6th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parkside National Health Service Trust (Transfer of Trust Property) No. 2 Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Parkside National Health Service Trust ;
“the new Trust” means the University College London Hospitals National Health Service Trust or the Chelsea and Westminster Healthcare National Health Service Trust as the context requires;
“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 University College London Hospitals National Health Service Trust and signed on behalf of the old Trust and on behalf of the University College London Hospitals National Health Service Trust on 18th March 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the University College London 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 Chelsea and Westminster Healthcare National Health Service Trust and signed on behalf of the old Trust and on behalf of the Chelsea and Westminster Healthcare National Health Service Trust on 18th March 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Chelsea and Westminster Healthcare 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
27th March 2002


text:
1
These Regulations may be cited as the Education (Teachers' Qualifications and Health Standards) (England) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.
2
The Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 shall be amended as follows.
3
In paragraph 5 of Part II of Schedule 2 and in paragraph 12 of Part III of that Schedule insert “before 1st September 2002” after “qualified teacher but who has”.
4
In Schedule 2, after Part III, insert the following —
Part IV
Employment-based Teacher Training Scheme
19
1
The Secretary of State may establish a scheme whereby a person may undertake teacher training while being employed as a teacher in a school for the purposes of obtaining qualified teacher status.
2
A scheme established by the Secretary of State under paragraph (1) shall be known as an “employment-based teacher training scheme” for the purposes of these Regulations.
3
A person who is not a qualified teacher may be employed as a teacher at a school, except a pupil referral unit, if he is undertaking teacher training on an employment-based teacher training scheme.
4
The Teacher Training Agency shall exercise the function of administering any employment-based teacher training scheme in accordance with any guidance given to them by the Secretary of State.
.
5
In paragraph 7 of Schedule 3 insert “under Part II or III of Schedule 2” after “granted an authorisation”.
6
In Schedule 3, after paragraph 7, insert the following paragraph —
7A
1
The person has —
a
successfully completed a period of training on an employment-based teacher training scheme; and
b
been assessed by, or on behalf of, the Teacher Training Agency as meeting the specified standards.
2
A recommendation has been submitted by or on behalf of the Teacher Training Agency to the Secretary of State that the person mentioned in sub-paragraph (1) should be awarded qualified teacher status.
3
In this paragraph, the “specified standards” has the same meaning as paragraph 7(3)(b).
.
Stephen Timms
Minister of State,
Department for Education and Skills
24th May 2002


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Heathrow Express Railway Extension Order 2002 and shall come into force on 30th April 2002.
Interpretation
2
1
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 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;
“building” includes any structure or erection or any part of a building, structure or erection;
“the deposited plans” means the plans described in rule 7(1)(a) and (3) of the Applications Rules prepared in connection with the application for this Order and certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of that rule;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“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;
“ the tribunal ” means the Lands Tribunal;
“ the undertaker ” means Heathrow Airport Limited and includes any subsidiary (within the meaning of section 736 of the Companies Act 1985 ) of that company.
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, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.
3
All directions, distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction and length and distances between points on a railway shall be taken to be measured along the railway.
Incorporation of the Railways Clauses Acts
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
The following provision of the Railways Clauses Act 1863 shall be incorporated in this Order —
section 12 (signals, watchmen etc. ).
3
In those provisions, as incorporated in this Order —
“the company” means the undertaker;
“goods” includes any thing conveyed on the railways authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
“the special Act ” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
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 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
The undertaker may, within the limits of deviation, 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 to alter the position of apparatus, including mains, sewers, drains and cables;
b
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
c
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;
d
works for the benefit or protection of premises affected by the scheduled works; and
e
such other works of whatever nature, including emergency escape shafts and air ventilation shafts, as may be necessary or expedient.
4
The undertaker may on or in any part of the lands numbered on the deposited plans 45, 46 and 47 make and maintain, in connection with the scheduled works, a railway station together with all such works as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the station.
Power to deviate
5
In constructing or maintaining the scheduled works, the undertaker may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on that plan, and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 6 metres upwards; or
ii
to any extent downwards as may be necessary or convenient.
Supplemental powers
Discharge of water
6
1
The undertaker may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans, 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 beds 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 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.
Safeguarding works to buildings
7
1
Subject to the following provisions of this article, the undertaker may at its own expense and from time to time carry out such safeguarding works to any building lying within 50 metres of any authorised works (other than works under this article) as the undertaker considers to be necessary or expedient.
2
The powers conferred by this article shall not extend to any land which is situated east of the eastern limit of the limits of deviation or west of the western edge of the Western Perimeter Road at Heathrow Airport.
3
Safeguarding works may be carried out —
a
at any time before or during the construction in the vicinity of the building of any part of the authorised works; or
b
after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
4
Subject to paragraph (2) above, for the purpose of determining how the functions under this article are to be exercised the undertaker may enter and survey any building falling within paragraph (1) above and any land belonging to it.
5
For the purpose of carrying out safeguarding works under this article to a building the undertaker may (subject to paragraphs (2) above and (6) and (7) below) —
a
enter the building and any land belonging to it; and
b
where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).
6
Before exercising —
a
a right under paragraph (1) above to carry out safeguarding works to a building;
b
a right under paragraph (4) above to enter a building;
c
a right under paragraph (5)(a) above to enter a building or land; or
d
a right under paragraph (5)(b) above to enter land,
the undertaker shall, except in case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c) above, specifying the safeguarding works proposed to be carried out.
7
Where notice is served under paragraph (6)(a), (c) or (d) above, the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under article 34 below.
8
The undertaker shall compensate the owners and occupiers of any building or land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
9
Where —
a
safeguarding works are carried out under this article to a building, and
b
within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,
the undertaker shall compensate the owners and occupiers of the building for any damage sustained by them.
10
Without prejudice to article 32 below, nothing in this article shall relieve the undertaker from any liability to pay compensation under section 10(2) of the 1965 Act.
11
Any compensation payable under paragraph (8) or (9) above shall be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
12
In this article —
a
any reference to a building within 50 metres of a work includes —
i
in the case of a work under the surface of the ground, a reference to any building within that distance of the point on the surface below which the work is situated; and
ii
where a work has not commenced, a reference to a building within that distance of the proposed site of the work; and
b
“safeguarding works”, in relation to a building, means —
i
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; and
ii
any works the purpose of which is to remedy any damage that has been caused to the building by the construction, maintenance or operation of the authorised works.
Power to survey and investigate land
8
1
The undertaker may for the purposes of this Order —
a
survey or investigate any land shown on the deposited plans and described in the book of reference or which may be affected by the authorised works;
b
without prejudice to the generality of sub-paragraph (a) above, 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
place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and
d
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (c) above.
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1) above, 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
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 Land Compensation Act 1961.
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
9
Subject to article 13 and article 14 below, the undertaker may acquire compulsorily so much of the land shown on the deposited plans within the limits of deviation and described in the book of reference as may be required for the purposes of the authorised works and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
Application of Part I of the Compulsory Purchase Act 1965
10
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 notice of one month; or
ii
in any other case, a reference to notice of 3 months.
Powers to acquire new rights
11
1
The undertaker may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 9 above 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 2 to this Order), where the undertaker acquires a right over land under paragraph (1) above the undertaker shall not be required to acquire a greater interest in it.
3
Schedule 2 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
12
1
The undertaker may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1) of article 9 above 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
Subject to paragraph (3) below, where the undertaker acquires any part of the subsoil or land under paragraph (1) above the undertaker shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) above shall not prevent section 8 of the 1965 Act or article 18 below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Cases where powers of acquisition limited to subsoil
13
1
This article applies to the lands numbered on the deposited plans 1 to 20, 22 to 25, 27 to 39 and 41.
2
In the case of land to which this article applies, the undertaker’s powers of compulsory acquisition under article 9 above shall be limited to the acquisition of, or rights in, so much of the subsoil of the land as may be required for the purposes of the authorised works.
3
Where the undertaker acquires any part of, or rights in, the subsoil of land to which this article applies, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.
4
Paragraph (3) above shall not prevent section 8 of the 1965 Act or article 18 below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
5
References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “the level of the surface of the land” means —
a
in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;
b
in the case of a river, watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or
c
in any other case, ground surface level.
Temporary possession of land
Temporary use of land for construction of works
14
1
The undertaker may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of any land which it is authorised by this Order to acquire compulsorily;
b
remove any buildings and vegetation from that land; and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
3
The undertaker may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the authorised works.
4
Before giving up possession of the land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the undertaker shall not be required to replace a building removed under this article.
5
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
7
Without prejudice to article 32 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
8
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to any land of which temporary possession is taken under paragraph (1) above except that the undertaker shall not be precluded from —
a
acquiring new rights over any part of that land under article 11 above, or
b
acquiring any part of the subsoil or rights in the subsoil of that land under article 12 above or in accordance with article 13 above.
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
Temporary use of land for maintenance of works
15
1
At any time during the maintenance period for either of the scheduled works, the undertaker may —
a
enter upon and take temporary possession of any land within the limits of deviation which is within 20 metres of that work, if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it:
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) above shall not authorise the undertaker to take temporary possession of —
a
any house or garden belonging to a house; or
b
any building (other than house) if it is for the time being occupied.
3
Not less than 28 days before entering upon and taking temporary possession of land under this article the undertaker shall serve notice of the intended entry on the owners and occupiers of the land.
4
The undertaker may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
5
Before giving up possession of land of which temporary possession has been taken under this article, the undertaker shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The undertaker shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of compensation, shall be determined under Part I of the Land Compensation Act 1961.
8
Without prejudice to article 32 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.
9
Where the undertaker takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article —
a
“the maintenance period” in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use; and
b
any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.
Supplementary
Disregard of certain interests and improvements
16
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) above “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.
Set-off for enhancement in value of retained land
17
1
In assessing the compensation payable to any person in respect of the acquisition from him under this Order of any land (including the subsoil or undersurface), the tribunal shall set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to him by reason of the construction of the authorised works and the works authorised by the Heathrow Express Railway Act 1991 .
2
In assessing the compensation payable to any person in respect of the acquisition from him of any new rights over land (including the subsoil or undersurface) under article 11 above, the tribunal shall set-off against the value of the rights so acquired —
a
any increase in value of the land over which the new rights are required, and
b
any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,
which will accrue to him by reason of the construction of the authorised works and the works authorised by the Heathrow Express Railway Act 1991.
3
The Land Compensation Act 1961 shall have effect, subject to paragraphs (1) and (2) above, as if this Order were a local enactment for the purposes of that Act.
Acquisition of part of certain properties
18
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 10 above) 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 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
19
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 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.
3
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 Land Compensation Act 1961.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.
Time limit for exercise of powers of acquisition
20
1
The powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 14 above to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
2
Paragraph (1) above shall not prevent the undertaker remaining in possession of land in accordance with article 14 above after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART IV
MISCELLANEOUS AND GENERAL
Power to operate and use railways
21
The undertaker may operate and use the scheduled works and other authorised works as a system, or part of a system, of transport for the carriage of passengers and goods.
London Transport Users' Committee
22
1
On the opening of the authorised works for passenger services it shall be the duty of the London Transport Users' Committee to consider and, where it appears to them to be desirable, make recommendations with respect to any matter affecting the services and facilities provided on the lines comprising those works or at the station —
a
which has been the subject of representations (other than representations appearing to the committee to be frivolous) made to the committee by or on behalf of users of those services or facilities, or
b
which has been referred to the committee by the Secretary of State or by the undertaker; or
c
which appears to the committee to be a matter to which consideration ought to be given;
and copies of the minutes, conclusions and recommendations of the committee shall be sent to the undertaker.
2
Nothing in paragraph (1) above shall entitle the London Transport Users' Committee to consider the charges made for any service or facility, or to consider any question relating to the discontinuance or reduction of railway services.
3
If the undertaker proposes the discontinuance of all railway passenger services on the lines comprising those works or at or from the station, it shall, not less that six months before carrying the proposal into effect, give to the Secretary of State notice of that proposal.
4
Upon receipt of a notice served under paragraph (3) above, the Secretary of State shall consider, having consulted the London Transport Users' Committee and such other persons or bodies as he may think fit, what measures, if any he should in all circumstances take.
Byelaws relating to railway
23
1
In this article and in article 24 below “the railway” means the railway comprised in the scheduled works and “railway premises” means premises of the undertaker used for or in connection with the operation of the railway.
2
The undertaker may make byelaws regulating the use and working of, and travel on, the railway, the maintenance of order on that railway and railway premises, including the station authorised by article 4(4) above, the approaches to that station and any escalators, lifts, stairs and other communications constructed by it, and the conduct of all persons, including its officers and servants, while on those premises.
3
Without prejudice to the generality of paragraph (2) above byelaws under this article may contain provisions —
a
with respect to tickets issued for entry on railway premises or travel on the railway or escalators, lifts, stairs and other communications, the payment of fares and charges and the evasion of payment of fares or charges;
b
with respect to interference with, or obstruction of, the railway or escalators, lifts, stairs and other communications;
c
with respect to the use of tobacco or other substances in railway vehicles and elsewhere and the prevention of nuisances;
d
for regulating the passage of bicycles and other vehicles on footways and other premises controlled by the undertaker and intended for the use of persons on foot;
e
for the safe custody and redelivery or disposal of property found in railway premises or vehicles of the undertaker or elsewhere upon the railway, and for fixing the charges which may be made in respect thereof.
4
Any byelaws made under this article may provide that any person contravening them shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale for each offence.
5
Without prejudice to the taking of proceedings under paragraph (4) above, if the contravention of any byelaw having effect under this section is attended with danger or annoyance to the public, or hindrance to the undertaker in the lawful conduct of the railway, it shall be lawful for the undertaker summarily to take action to obviate or remove the danger, annoyance or hindrance.
6
The provisions of subsections (5) to (12) of section 67 of the Transport Act 1962 shall apply to any byelaws made by the undertaker under this article as if for references to the Board, or the board in question, there were substituted references to the undertaker.
Power for undertaker to contract for police services
24
1
The undertaker may from time to time make agreements with the chief officer of police and a police authority for the employment by the undertaker of any members of the police establishment of that police authority for police duty within railway premises or elsewhere upon the railway.
2
Any such agreement may contain such terms and conditions and provide for such payment or consideration as the undertaker shall agree with the police authority.
3
In this article —
a
“police authority” includes a police authority within the meaning of the Police Act 1996 , and the Strategic Rail Authority;
b
“railway premises” means any building occupied by the undertaker for the purposes of its railway undertaking.
Power to transfer, lease etc. undertaking
25
1
In this article, unless the context otherwise requires —
“functions” includes powers, duties and obligations;
“transferee” means a person to whom all or any of the property or functions of the undertaker have been transferred by virtue of a transfer agreement; and
“transfer agreement” means an agreement entered into under paragraph (2) or (3) below.
2
The undertaker may enter into and carry into effect an agreement to sell, lease, charge or otherwise dispose of, on such terms and conditions as it thinks fit, the whole or any part of the undertaking consisting of the authorised works and any land held for the purpose of, or in connection with, those works.
3
Without prejudice to the generality of paragraph (2) above, the undertaker may enter into and carry into effect an agreement with any other person with respect to the transfer to and vesting in that other person of all or any of its functions under this Order.
4
A transfer agreement may be entered into so as to transfer and vest such property and functions in any other person for such period as may be specified in that agreement or for so long as the agreement remains in force and where such an agreement is entered into references in this Order (except in the definition of “the participants” in paragraph 1(2) of Schedule 4 thereto) to the undertaker shall, to the extent that the agreement so provides, have effect as references to the transferee.
5
Without prejudice to the powers of the undertaker to terminate or vary a transfer agreement, a transfer agreement may specify circumstances in which that agreement shall cease to have effect before the expiry of any period specified in any such agreement.
6
A transfer agreement may include such supplementary, incidental, transitional and consequential provisions as the undertaker may consider to be necessary or expedient.
7
Upon expiry of any period specified in a transfer agreement in accordance with paragraph (4) above, or upon a transfer agreement being terminated or otherwise ceasing to have effect, the functions and property of the undertaker which were transferred by that agreement shall, by virtue of this paragraph but subject to the effect of any further transfer agreement entered into by the undertaker, be revested in the undertaker, but such revesting shall not make the undertaker subject to any of the liabilities of the transferee other than any continuing duties imposed by this Order.
8
Notwithstanding anything in any transfer agreement, any duty arising under this Order to complete the construction of, or to maintain or operate, any works in respect of which the undertaker’s functions are transferred by a transfer agreement, together with such rights and property as are required for the discharge of that duty, shall revert to the undertaker in the event of the abandonment of those works or in the event that the works are not completed within 10 years of the commencement of construction of those works.
9
Unless the transfer agreement otherwise provides, if a duty to complete the construction of, to maintain or to operate any works reverts to the undertaker under paragraph (8) above, the transfer agreement shall terminate and all the functions and property of the undertaker which were transferred by that agreement shall be revested in the undertaker in accordance with paragraph (7) above.
10
Within 21 days of the completion of any transfer agreement the undertaker shall serve notice on the Secretary of State stating the name and address of the transferee and the date when the transfer is to take effect.
11
Within 21 days of the revesting in the undertaker of any property or functions pursuant to paragraph (10) or (11) or the reversion to the undertaker of any duty, rights or property pursuant to paragraph (8) above, the undertaker shall serve notice on the Secretary of State, providing him with particulars of the revesting or reversion concerned.
12
If the undertaker fails, without reasonable excuse, to comply with the obligation imposed by paragraph (10) or (11) above it shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
13
A transfer agreement may confer on the transferee the power of the undertaker to enter into a transfer agreement under this article in respect of any functions or property transferred to the transferee, and accordingly, the provisions of this article shall in their application to the exercise of such power by such transferee have effect as if any reference to the undertaker in those provisions (except paragraphs (8) and (9) above and paragraph (14) below) were a reference to the transferee.
14
The inclusion in any transfer agreement of the power to enter into a transfer agreement or anything done in pursuance of such a power shall not affect the reversion to the undertaker in the circumstances referred to in paragraphs (8) and (9) above of any functions or property of the undertaker.
Maintenance of approved works, etc.
26
1
Where pursuant to the Railways and Other Transport Systems (Approval of Works, Plant and Equipment) Regulations 1994 approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railways authorised by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways so authorised.
2
If without reasonable cause the provisions of paragraph (1) above are contravened, the undertaker shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Disclosure of confidential information
27
A person who —
a
enters a factory, workshop or workplace in pursuance of the provisions of article 7 or 8 above; 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.
Statutory undertakers, etc.
28
The provisions of Schedule 3 to this Order shall have effect.
Fuel pipelines and facilities
29
The provisions of Schedule 4 to this Order shall have effect.
Certification of plans, etc.
30
The undertaker shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of respectively, the book of reference, sections and plans 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
31
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) above 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
32
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.
Repeal
33
Subsection (3) of section 43 of the Heathrow Express Railway Act 1991 is hereby repealed.
Arbitration
34
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
9th April 2002


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (Amendment) (No. 3) Regulations 2002 and shall come into force on 3rd January 2003.
2
The Education (Student Support) Regulations 2002 shall be amended in accordance with these Regulations.
Amendments to the Regulations
3
1
Regulation 15 shall be amended as follows —
2
In paragraph (13) —
a
at the end of sub-paragraph (f) for “of that Act,” substitute “of that Act; and;”; and
b
after sub-paragraph (f) insert —
g
any child tax credit to which he is entitled under Part I of the Tax Credits Act 2002 .
.
4
1
Regulation 17 shall be amended as follows.
2
In paragraphs (1) and (3) for “a city technology college or a city college for the technology of the arts or a city academy” substitute “an Academy ”.
5
1
Schedule 3 shall be amended as follows.
2
In paragraph 1(1) for sub-paragraph (r) substitute —
r
income support or working families' tax credit under Part VII of the Social Security Contributions and Benefits Act 1992 or any child tax credit or working tax credit under Part I of the Tax Credits Act 2002;
.
Margaret Hodge
Minister of StateDepartment for Education and Skills
11th December 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2002.
2
These Regulations shall come into force on 6th April 2002 and shall have effect in relation to payments of statutory maternity pay made on or after that date.
3
In these Regulations —
“the principal GB Regulations ” means the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 ;
“the principal NI Regulations ” means the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations (Northern Ireland) 1994 .
Amendment of the principal GB Regulations
2
1
The principal GB Regulations shall be amended in accordance with paragraphs (2) and (3) of this regulation.
2
In regulation 2(1) (meaning of “small employer”) for “£20,000” there shall be substituted “£40,000”.
3
In regulation 3 (determination of the amount of additional payment to which a small employer shall be entitled) —
a
for “6th April 1999” there shall be substituted “6th April 2002”; and
b
for “5 per cent.” there shall be substituted “4.5 per cent.”.
Amendment of the principal NI Regulations
3
1
The principal NI Regulations shall be amended in accordance with paragraphs (2) and (3) of this regulation.
2
In regulation 2(1) (meaning of “small employer”) for “£20,000” there shall be substituted “£40,000”.
3
In regulation 3 (amount of additional payment to which a small employer shall be entitled) —
a
for “6th April 1999” there shall be substituted “6th April 2002”; and
b
for “5 per cent.” there shall be substituted “4.5 per cent.”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th February 2002


text:
Citation, commencement and effect
1
These Regulations may be cited as the Corporation Tax (Finance Leasing of Intangible Assets) Regulations 2002, shall come into force on 15th August 2002, and shall have effect from 1st April 2002.
Interpretation
2
In these Regulations —
“financial asset” shall be construed in accordance with paragraph 75 of Schedule 29;
“finance lease”, “finance lessor” and “finance lessee” shall be construed in accordance with paragraph 104(4) and (5) of Schedule 29;
“Schedule 29” means Schedule 29 to the Finance Act 2002 (gains and losses of a company from intangible fixed assets).
Application of Schedule 29
3
Schedule 29 shall apply in relation to a company that is the finance lessor of an intangible asset that is the subject of a finance lease as if, notwithstanding that the asset is accounted for by the finance lessor as a financial asset, it were an intangible fixed asset of the lessor and not a financial asset.
4
References in Schedule 29 to capitalised expenditure on an intangible fixed asset shall accordingly be taken as including references to any amount accounted for by the finance lessor as a financial asset as a consequence of the finance lease of the asset, except that —
a
no election may be made under paragraph 10 of Schedule 29 (election for writing down on fixed rate basis) in respect of that amount,
b
that amount is not to be treated as capitalised expenditure for the purposes of paragraph 39(1)(b) of Schedule 29 (roll-over relief in case of realisation and reinvestment: conditions to be met in relation to expenditure on other assets), and
c
accordingly any amount treated by paragraph 57(2) of Schedule 29 (roll-over relief on reinvestment: acquisition of group company treated as equivalent to acquisition of underlying assets) as expenditure on acquiring the financial asset is not to be treated as capitalised expenditure for the purposes of paragraph 39(1)(b) of that Schedule.
Intangible fixed asset becoming financial asset — consequentials
5
Where an asset formerly recognised by the lessor for accounting purposes as an intangible fixed asset becomes subject to a finance lease (and accordingly comes to be accounted for as a financial asset) —
a
a realisation of the intangible fixed asset shall be treated, for the purposes of Part 4 of Schedule 29 (realisation of intangible fixed assets), as having occurred on the commencement of the finance lease,
b
the accounting value of the financial asset so created shall be recognised as realisation proceeds of the intangible fixed asset for the purposes of that Part, and
c
that amount shall not be taken into account in determining the accounting value of the financial asset immediately after the realisation for the purposes of paragraph 22(2) of that Schedule (apportionment in case of part realisation).
Financial assets excluded from Schedule 29
6
1
Assets partially excluded from Schedule 29 by virtue of paragraphs 78 to 81 (assets excluded except as regards royalties) shall be entirely excluded from that Schedule as regards the finance lessor if they are subject to a finance lease and are accounted for by the lessor as financial assets.
Accordingly in relation to such assets —
a
Schedule 29 applies only to royalties recognised for accounting purposes prior to the asset becoming subject to the finance lease, or after it ceases to be subject to the finance lease,
b
to the extent that such royalties are brought into account for tax purposes under Schedule 29, they shall not be brought into account for tax purposes again, and
c
to the extent that such royalties are brought into account for tax purposes otherwise than under Schedule 29, they shall not be brought into account for tax purposes under that Schedule.
2
Except for the purposes of regulation 5, an asset shall be excluded from Schedule 29 if it is used by the finance lessee for the purposes of a trade or business in respect of which he is within the charge to income tax.
3
Nothing in these Regulations shall be read as enabling Schedule 29 to apply to existing assets excluded from the application of that Schedule by paragraph 118 of that Schedule.
4
An asset shall count as an existing asset in the hands of the finance lessor for the purposes of paragraph 118 of Schedule 29 if the finance lessee —
a
is a company for whom the asset was the whole or part of an existing asset, or
b
is a person who is a related party in relation to such a company.
5
References in paragraph (1) to royalties being brought into account for tax purposes include references to royalties which would have been so brought into account if the person concerned had been within the charge to corporation tax.
6
In paragraph (4)(b) “related party” shall be construed in accordance with paragraph 95, read with paragraphs 96 to 101, of Schedule 29.
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002