text:
PART I
Preliminary
Citation, commencement and extent
1
1
These Regulations may be cited as the Landfill (England and Wales) Regulations 2002.
2
These Regulations shall come into force on 15th June 2002 except for regulation 19(1) which shall come into force on 31st August 2002.
3
These Regulations extend to England and Wales only.
Interpretation
2
In these Regulations, unless the context otherwise requires —
“the 2000 Regulations ” means the Pollution Prevention and Control (England and Wales) Regulations 2000 ;
“biodegradable waste” means any waste that is capable of undergoing anaerobic or aerobic decomposition, such as food or garden waste and paper and cardboard;
“hazardous waste” has the meaning given by regulation 7(2);
“holder” means the producer of waste or the person who is in possession of it;
“inert waste” has the meaning given by regulation 7(4);
“landfill” means a landfill to which these Regulations apply (see regulations 3 and 4);
“landfill gas” means any gas generated from landfilled waste;
“landfill permit” has the meaning given by regulation 6(2);
“leachate” means any liquid percolating through deposited waste and emitted from or contained within a landfill;
“municipal waste” means waste from households as well as other waste which because of its nature or composition is similar to waste from households;
“non-hazardous waste” has the meaning given by regulation 7(3);
“operator” has the meaning given by regulation 2(1) and (2) of the 2000 Regulations;
“relevant authorisation” means, in relation to a landfill, the landfill permit or waste management licence for the time being in force in relation to the landfill;
“relevant waste acceptance criteria” means, in relation to a landfill, the waste acceptance criteria set out in Schedule 1 which apply to the class of landfill to which that landfill belongs;
“treatment” means physical, thermal, chemical or biological processes (including sorting) that change the characteristics of waste in order to reduce its volume or hazardous nature, facilitate its handling or enhance recovery;
“waste” means controlled waste within the meaning of section 75(4) of the Environmental Protection Act 1990 ;
“waste management licence” means a waste management licence within the meaning of Part II of the Environmental Protection Act 1990; and
other expressions used in these Regulations which are also used in Directive 99/31/ EC on the landfill of waste shall have the same meaning as in that Directive.
Application of regulations
3
1
Subject to regulation 4, these Regulations apply to landfills.
2
Subject to paragraphs (3) and (4), for the purposes of this regulation, a landfill is a waste disposal site for the deposit of the waste onto or into land.
3
Landfills include —
a
subject to paragraph (4), any site which is used for more than a year for the temporary storage of waste; and
b
any internal waste disposal site, that is to say a site where a producer of waste is carrying out its own waste disposal at the place of production.
4
Landfills do not include —
a
any facility where waste is unloaded in order to permit its preparation for further transport for recovery, treatment or disposal elsewhere;
b
any site where waste is stored as a general rule for a period of less than three years prior to recovery or treatment; or
c
any site where waste is stored for a period of less than one year prior to disposal.
Cases where regulations do not apply
4
These Regulations do not apply to —
a
the spreading of sludges (including sewage sludges and sludges resulting from dredging operations) and similar matter on the soil for the purposes of fertilisation or improvement;
b
the use of suitable inert waste for redevelopment, restoration and filling-in work or for construction purposes;
c
the deposit of —
i
non-hazardous dredging sludges along the bank or towpath of a waterway from which they have been dredged where that activity falls within the exemption from waste management licensing in paragraph 25 of Schedule 3 to the Waste Management Licensing Regulations 1994 ;
ii
non-hazardous sludges in surface waters, including the bed and its sub-soil; or
d
any landfill which finally ceased to accept waste for disposal before 16th July 2001.
Location
5
A planning permission under the Town and Country Planning Act 1990 may be granted for a landfill only if the requirements of paragraph 1(1) of Schedule 2 to these Regulations have been taken into consideration.
Extension of categories of landfill subject to the 2000 Regulations etc.
6
1
At the end of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations (disposal of waste by landfill) insert —
b
The disposal of waste in any other landfill to which the 2002 Regulations apply.
2
In these Regulations “landfill permit” means the permit which is required by the 2000 Regulations for the carrying out of the disposal of waste in a landfill.
3
Regulations 11 and 12(1) to (11) and (14) of the 2000 Regulations shall not apply to landfills.
4
Paragraph 5(b) in Part 1 of Schedule 4, and paragraph 4(8)(b) in Part 2 of Schedule 7 to the 2000 Regulations (requirement to advertise in the London Gazette), shall not apply to landfills falling within paragraph (b) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to those Regulations.
PART II
Landfill Permits
Classification of landfills
7
1
Before granting a landfill permit, the Environment Agency shall classify the landfill —
a
as a landfill for hazardous waste;
b
as a landfill for non-hazardous waste; or
c
as a landfill for inert waste,
and shall ensure that the classification is stated in the landfill permit.
2
Hazardous waste means any waste as defined in Article 1(4) of Directive 91/689/ EEC (hazardous waste).
3
Non-hazardous waste is waste which is not hazardous waste.
4
Waste is inert waste if —
a
it does not undergo any significant physical, chemical or biological transformations;
b
it does not dissolve, burn or otherwise physically or chemically react, biodegrade or adversely affect other matter with which it comes into contact in a way likely to give rise to environmental pollution or harm to human health; and
c
its total leachability and pollutant content and the ecotoxicity of its leachate are insignificant and, in particular, do not endanger the quality of any surface water or groundwater.
Conditions to be included in landfill permits
8
1
A landfill permit shall include conditions specifying the list of defined types, and the total quantity, of waste authorised to be deposited in the landfill.
2
A landfill permit shall also include appropriate conditions —
a
specifying requirements for —
i
preparations for, and the carrying out of, landfilling operations;
ii
monitoring and control procedures, including contingency plans;
b
ensuring that the financial provision required by regulation 4(3)(b) of the 2000 Regulations is maintained until the permit is surrendered in accordance with those Regulations;
c
ensuring that the landfill is operated in such a manner that the necessary measures are taken to prevent accidents and to limit their consequences; and
d
requiring the operator to report at least annually to the Environment Agency on —
i
the types and quantities of waste disposed of; and
ii
the results of the monitoring programme required by regulations 14 and 15.
3
A landfill permit shall also include —
a
appropriate conditions for ensuring compliance with the requirements of the following provisions of these Regulations —
i
Schedule 2 (general requirements for all landfills);
ii
regulation 9 (prohibition of acceptance of certain wastes at landfills);
iii
regulation 10 (waste which may be accepted in the different classes of landfill);
iv
regulation 11 (costs of disposal of waste in landfills);
v
regulation 12 (waste acceptance procedures);
vi
regulation 13 (initial site inspections by Environment Agency);
vii
regulation 14 (control and monitoring of operational landfill sites);
viii
regulation 15 (closure and after-care procedures for landfills); and
b
such other conditions as appear appropriate to the Environment Agency, including in particular conditions giving effect to —
i
any requirement imposed by Community or national legislation; and
ii
in the case of landfills falling within paragraph (a) of Part A(1) of Section 5.2 in Part 1 of Schedule 1 to the 2000 Regulations, the principle that energy should be used efficiently.
4
The provisions of these Regulations mentioned in paragraph (3)(a) above shall impose obligations directly on an operator of a landfill (rather than through the conditions of a landfill permit) only to the extent specified in paragraph 3(3) to (5) of Schedule 4.
Prohibition of acceptance of certain wastes at landfills
9
1
The operator of a landfill shall not accept any of the following types of waste at the landfill —
a
any waste in liquid form (including waste waters but excluding sludge);
b
waste which, in the conditions of landfill, is explosive, corrosive, oxidising, flammable or highly flammable;
c
hospital and other clinical wastes which arise from medical or veterinary establishments and which are infectious;
d
chemical substances arising from research and development or teaching activities, such as laboratory residues, which are not identified or which are new, and whose effects on man or on the environment are not known;
e
as from 16th July 2003, whole used tyres other than —
i
tyres used as engineering material;
ii
bicycle tyres; and
iii
tyres with an outside diameter above 1400mm;
f
as from 16th July 2006, shredded used tyres other than —
i
bicycle tyres; and
ii
tyres with an outside diameter above 1400mm; and
g
any waste which does not fulfil the relevant waste acceptance criteria.
2
The operator of a landfill shall ensure that the landfill is not used for landfilling waste which has been diluted or mixed solely to meet the relevant waste acceptance criteria.
3
For the purposes of this regulation, waste is —
“corrosive” if it consists of substances and preparations which may destroy living tissue on contact;
“explosive” if it consists of substances and preparations which may explode under the effect of flame or which are more sensitive to shocks or friction than dinitrobenzene;
“flammable” if it consists of liquid substances and preparations having a flash point equal to or greater than 21°C and less than or equal to 55°C;
“highly flammable” if it consists of —
liquid substances and preparations having a flash point below 21°C (including extremely flammable liquids);
substances and preparations which may become hot and finally catch fire in contact with air at ambient temperature without any application of energy;
solid substances and preparations which may readily catch fire after brief contact with a source of ignition and which continue to burn or to be consumed after removal of the source of ignition;
gaseous substances and preparations which are flammable in air at normal pressure;
substances and preparations which, in contact with water or damp air, evolve highly flammable gases in dangerous quantities;
“infectious” if it consists of substances containing viable micro-organisms or their toxins which are known or reliably believed to cause disease in man or other living organisms; or
“oxidising” if it consists of substances and preparations which exhibit highly exothermic reactions when in contact with other substances, particularly flammable substances.
Waste which may be accepted in the different classes of landfill
10
1
The operator of a landfill shall ensure that the landfill is only used for landfilling waste which is subject to prior treatment unless —
a
it is inert waste for which treatment is not technically feasible; or
b
it is waste other than inert waste and treatment would not reduce its quantity or the hazards which it poses to human health or the environment.
2
The operator of a landfill for hazardous waste shall ensure that only waste which fulfils the waste acceptance criteria in paragraphs 1 and 2 of Schedule 1 is accepted at the landfill.
3
The operator of a landfill for non-hazardous waste shall ensure that the landfill is only used for landfilling —
a
municipal waste;
b
non-hazardous waste of any other origin which fulfils the waste acceptance criteria in paragraphs 1 and 3(1)(b) of Schedule 1; and
c
stable, non-reactive hazardous waste (such as that which is solidified) with leaching behaviour equivalent to that of non-hazardous waste referred to in sub-paragraph (b) and which fulfils the waste acceptance criteria in paragraphs 1 and 3(1)(a) of Schedule 1.
4
Where hazardous waste of the type described in paragraph (3)(c) is disposed of at a landfill for non-hazardous waste, the operator shall ensure it is not deposited in cells used or intended to be used for the disposal of biodegradable non-hazardous waste.
5
The operator of a landfill for inert waste shall ensure that the landfill is only used for landfilling inert waste which meets the waste acceptance criteria in paragraphs 1 and 4 of Schedule 1.
Costs of disposal of waste in landfills
11
The operator of a landfill shall ensure that the charges it makes for the disposal of waste in its landfill covers all of the following —
a
the costs of setting up and operating the landfill;
b
the costs of the financial provision required by regulation 4(3)(b) of the 2000 Regulations; and
c
the estimated costs for the closure and after-care of the landfill site for a period of at least 30 years from its closure.
Waste acceptance procedures
12
1
The operator shall visually inspect the waste at the entrance to the landfill and at the point of the deposit and shall satisfy himself that it conforms to the description provided in the documentation submitted by the holder.
2
The operator shall, in accordance with such procedures as are specified by the Environment Agency, test waste to establish whether it corresponds to the description in the accompanying documents and, if representative samples are taken for analysis, the operator shall retain the samples and results of any analysis for at least one month.
3
The operator shall keep a register showing —
a
the quantities of waste deposited;
b
its characteristics;
c
its origin;
d
the dates of its delivery;
e
the identity of the producer or, in the case of municipal waste, the collector; and
f
in the case of hazardous waste, its precise location on the site.
4
The information required to be kept under paragraph (3) shall be made available to the Environment Agency on request.
5
The operator on accepting each delivery of waste shall provide a written receipt to the person delivering it.
6
Where waste is not accepted at a landfill, the operator shall inform the Environment Agency of that fact as soon as reasonably possible.
Initial site inspections by Environment Agency
13
The operator of a landfill shall not commence disposal operations before the Environment Agency has inspected the site in order to ensure that it complies with the relevant conditions of the landfill permit.
Control and monitoring of operational landfill sites
14
1
The following requirements shall apply to landfill sites from the start of the operational phase until definitive closure.
2
The operator shall carry out the control and monitoring procedures set out in Schedule 3.
3
Where the procedures required by paragraph (2) reveal any significant adverse environmental effects, the operator shall notify the Environment Agency as soon as reasonably possible.
4
When it receives a notification of significant adverse environmental effects in accordance with paragraph (3), the Environment Agency shall determine the nature and timing of corrective measures that are necessary and shall require the operator to carry them out.
5
The operator shall report at intervals specified by the Environment Agency, on the basis of aggregated data, the results of monitoring and on such other matters which the Environment Agency requires to demonstrate compliance with the conditions of the landfill permit or to increase its knowledge of the behaviour of waste in landfill.
6
The operator shall ensure that quality control of —
a
analytical operations of control and monitoring procedures; and
b
analyses of representative samples taken in accordance with regulation 12(2),
is carried out by competent laboratories.
Closure and after-care procedures for landfills
15
1
The following closure and after-care procedures shall apply to all landfill sites.
2
The procedures may relate to the closure of the whole of the landfill or part of it.
3
The closure procedure shall begin —
a
when the conditions specified in the landfill permit are satisfied;
b
when the Environment Agency approves the initiation of the closure procedure following a request from the operator; or
c
by a reasoned decision of the Environment Agency which shall be set out in a closure notice served on the operator in accordance with regulation 16.
4
A landfill shall not be definitively closed until —
a
such reports as may be required by the Environment Agency have been submitted to it by the operator; and
b
the Environment Agency —
i
has assessed all the reports submitted by the operator;
ii
has carried out a final on-site inspection; and
iii
has notified the operator by notice in writing served on the operator that it approves the closure.
5
Following definitive closure of a landfill, after-care procedures shall ensure that —
a
the operator remains responsible for the maintenance, monitoring and control for such period as the Environment Agency determines is reasonable, taking into account the time during which the landfill could present hazards;
b
the operator notifies the Environment Agency of any significant adverse environmental effects revealed by the control procedures and takes the remedial steps required or approved by the Agency; and
c
the operator is responsible for monitoring and analysing landfill gas and leachate from the landfill and the groundwater regime in its vicinity in accordance with Schedule 3 for as long as the Environment Agency considers that the landfill is likely to cause a hazard to the environment.
6
Notwithstanding regulations 19 and 21 of the 2000 Regulations (requirements on surrender or revocation of permits), the Environment Agency shall not accept any complete or partial surrender of the landfill permit, or revoke it in whole or part, for as long as the Environment Agency considers that the landfill (or the relevant part of it) is likely to cause a hazard to the environment.
7
The operator shall not be relieved from liability under the conditions of the landfill permit by reason of the Environment Agency’s approval of closure under paragraph (4)(b)(iii).
Closure Notices
16
1
Where the Environment Agency has taken a reasoned decision under regulation 15(3)(c), it shall serve a closure notice under this regulation (“a closure notice”) on the operator of the landfill.
2
A closure notice shall —
a
state the Environment Agency’s reasons for requiring initiation of the closure procedure;
b
specify the steps the operator is required to take to initiate the procedure; and
c
the period within which they must be taken.
3
The Environment Agency may withdraw a closure notice at any time.
PART III
Miscellaneous
Offences
17
1
It shall be an offence for a landfill operator to contravene —
a
regulation 9 or 12 in each case as applied by paragraph 3(3)(a) of Schedule 4;
b
regulation 10(1) or (2) in both cases as applied by paragraph 3(3)(b) of Schedule 4; or
c
paragraph 3(5) of Schedule 4.
2
A person who is guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding £20,000 or to imprisonment for a term not exceeding six months or to both; and
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.
3
Where an offence under this regulation committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary of other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
4
Where the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
5
Where the commission by any person of an offence under this regulation is due to the act or default of some other person, that other person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings for the offence are taken against the first-mentioned person.
Transitional provisions
18
Schedule 4 (which contains transitional provisions) shall have effect.
Amendments
19
1
In regulation 2(2)(a) (contents of transfer notes) of the Environmental Protection (Duty of Care) Regulations 1991 after “identify the waste to which it relates” insert “by reference to the appropriate codes in the European Waste Catalogue ”.
2
Schedule 5 (which makes amendments to other subordinate legislation) shall have effect.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
13th June 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Scheme may be cited as the Workmen’s Compensation (Supplementation) (Amendment) Scheme 2002 and shall come into force on 10th April 2002.
2
In this Scheme, “the principal Scheme” means the Workmen’s Compensation (Supplementation) Scheme 1982 , “lesser incapacity allowance” means the allowance payable in accordance with article 5 of the principal Scheme, and “the operative date” means 10th April 2002.
Amendments to the principal Scheme
2
Article 5(2) (lesser incapacity allowances under scheme) of the principal Scheme shall be amended by substituting for the words “11th April 2001” the words “10th April 2002”.
3
For Schedule 1 to the principal Scheme, there shall be substituted the following:
SCHEDULE 1
Article 5
PART I
TABLE OF RATES OF LESSER INCAPACITY ALLOWANCE FOR BENEFICIARIES TO WHOM ARTICLE 5(2) APPLIES
Rate of Lesser Incapacity Allowance from 11th April 2001 to 9th April 2002 Rate of Lesser Incapacity Allowance from 10th April 2002
£ £ 3.50 3.55 9.35 9.50 15.80 16.05 22.80 23.20 32.80 33.35 41.75 42.45
PART II
TABLE OF LOSS OF EARNINGS AND CORRESPONDING RATES OF LESSER INCAPACITY ALLOWANCE
Loss of earnings Rate of Lesser Incapacity Allowance
£ £ 11.50 3.55 25.20 9.50 39.05 16.05 46.05 23.20 56.25 33.35 Over 56.25 42.45
Transitional provisions
4
Where —
a
a beneficiary was, before the operative date, in receipt of a lesser incapacity allowance; and
b
the final calculation of loss of earnings required by article 7(2) of the principal Scheme had not been made in respect of him by that date,
the beneficiary shall be treated as entitled, from the operative date, to an allowance at the same rate as if the final calculation had been made before that date.
5
Where —
a
a claim for lesser incapacity allowance either —
i
was not made before the operative date and the allowance is awarded for a period beginning on or after the operative date at one of the rates shown in the second column of Part II of Schedule 1 to the principal Scheme (as amended by this Scheme); or
ii
was made but not determined before the operative date; and
b
such allowance is found to be payable in respect of a period before the operative date,
the rate payable in respect of the period before the operative date shall be that which would have been payable had the amendment to the principal Scheme effected by article 3 of this Scheme not been made.
6
Where a lesser incapacity allowance has been awarded before the operative date and a question arises as to the weekly rate payable in consequence of this Scheme, the case shall be reconsidered in the light of the amendments made by, and transitional provisions contained in, this Scheme and the allowance shall continue to be payable at the weekly rate specified in the award until the question has been determined in accordance with the provisions of the principal Scheme.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
13th March 2002
We consent,
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 and shall come into force on 1st October 2002.
2
These Regulations apply only in relation to Strategic Health Authorities and Primary Care Trusts established for areas in England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“the 2002 Act ” means the National Health Service Reform and Health Care Professions Act 2002 ;
“ AIDS ” means Acquired Immune Deficiency Syndrome;
“appropriate Strategic Health Authority” means —
in relation to a Primary Care Trust, the Strategic Health Authority whose area includes any part of the area of that Primary Care Trust;
in relation to an NHS trust (other than a trust responsible for providing ambulance services), the Strategic Health Authority in whose area all or most of the hospitals, establishments or facilities of the trust are situated; and
in relation to an NHS trust responsible for providing ambulance services, the Strategic Health Authority in whose area the Headquarters establishment responsible for control of those services is situated;
“financial year” means the period of 12 months ending with 31st March;
“the Health Act ” means the Health Act 1999 ;
“the Health and Social Care Act ” means the Health and Social Care Act 2001 ;
“ HIV ” means Human Immunodeficiency Virus;
“ LIFT ” means a Local Improvement Finance Trust approved by the Secretary of State for the purposes of improving primary care facilities and services in a particular area and “LIFT company” means a Local Improvement Finance Trust company established to deliver the improvements in that area;
“practice patient” means —
in relation to a medical practitioner who practises otherwise than in partnership, an individual who is on that practitioner’s list of patients (or, if that practitioner and one or more other medical practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act , an individual who is on that single list);
in relation to a medical practitioner who is one of two or more practitioners who practise in partnership with each other, an individual who is on the list of patients of any of those practitioners (or, if any of those practitioners together have a single list of patients in connection with a pilot scheme under the 1997 Act, an individual who is on that single list),
other than an individual who is resident in Scotland;
“population screening programme” means a programme for testing a particular class of persons for the purpose of detecting whether those persons have a particular illness or are at risk of contracting such an illness;
“the relevant date” means —
1st April in the financial year preceding the financial year in which the relevant Primary Care Trust falls to be determined;
in the case of a practitioner providing general medical services and who practises otherwise than in partnership, the date on which he first entered the Primary Care Trust’s medical list;
in the case of a practitioner providing general medical services who is one of two or more practitioners who practise in partnership with each other, the earliest date on which any one of those practitioners entered the Primary Care Trust’s medical list;
in the case of a practitioner performing personal medical services in connection with a pilot scheme under the 1997 Act, the date on which services were first performed under that scheme,
whichever is the latest;
“the relevant Primary Care Trust” means —
in relation to a medical practitioner —
who provides general medical services under Part 2 of the Act and does not perform personal medical services in connection with a pilot scheme,
whose name is included in the medical list of only one Primary Care Trust, and
who practises on his own or in partnership with others all of whom are medical practitioners who provide general medical services under Part 2 of the Act and do not perform personal medical services in connection with a pilot scheme and whose names are included only in that trust’s medical list,
that trust;
in relation to any other medical practitioner, the Primary Care Trust in whose area, on the relevant date, most of the practice patients at that date were living;
“research ethics committee” means a committee established to advise on the ethics of research investigations on human beings and recognised for that purpose by or on behalf of the Secretary of State;
“specialised services” means services which are, or are to be, planned, and the provision of which is, or is to be, arranged, by Primary Care Trusts acting jointly or by a joint committee of Primary Care Trusts on behalf of a population of 1 million or more but does not include high security psychiatric services provided under section 4 of the Act;
“walk-in centre” means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by or on behalf of the Secretary of State.
2
In these Regulations —
a
any reference to a Special Health Authority is to be construed as a reference to a Special Health Authority exercising functions in respect of England;
b
subject to sub-paragraph (c), any reference to an NHS trust is to be construed as a reference to an NHS trust, all or most of whose hospitals, establishments or facilities are situated in England; and
c
in regulations 9(4) and (5) and 10(5) and (6), any reference to an NHS trust is to be construed as a reference to an NHS trust whose hospitals, establishments and facilities are situated in either or both of England and Wales.
Functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts
3
1
Subject to regulations 6 and 8, the Secretary of State’s functions relating to the health service under the enactments specified in column (1) of Part 1 of Schedule 1 (the subject matter of the relevant functions being indicated in column (2) of that Schedule) are to be exercisable by both Strategic Health Authorities and Primary Care Trusts.
2
Subject to regulations 6 and 8, the Secretary of State’s functions relating to the health service under the enactments specified in column (1) of Part 2 of Schedule 1 (the subject matter of the relevant functions being indicated in column (2) of that Schedule) are to be exercisable by —
a
Primary Care Trusts; and
b
Strategic Health Authorities but only to the extent necessary to support and manage the performance of Primary Care Trusts in the exercise of those functions.
3
Subject to regulations 6 and 7, the Secretary of State’s functions relating to the health service under the enactments specified in column (1) of Schedule 2 (the subject matter of the relevant functions being indicated in column (2) of that Schedule) are to be exercisable by Strategic Health Authorities.
4
In exercising the functions referred to in paragraphs (1) to (3), Strategic Health Authorities and Primary Care Trusts shall have regard to the NHS Plan published in July 2000 .
5
Every Strategic Health Authority shall exercise the functions referred to in paragraphs (1) to (3) for the benefit of its area or to secure the effective provision of services by Primary Care Trusts and NHS trusts for which they are the appropriate Strategic Health Authority.
6
Nothing in paragraph (5) limits the area in relation to which an approval of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 (approval of medical specialists) given by a Strategic Health Authority shall have effect.
7
Every Primary Care Trust shall exercise the functions referred to in paragraphs (1) and (2) —
a
in so far as those functions consist of providing or securing the provision of services to patients, other than the services referred to in sub-paragraph (b) of this paragraph, for the benefit of —
i
the practice patients of medical practitioners providing general medical services under the Act, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in respect of whom the Primary Care Trust is the relevant Primary Care Trust; and
ii
persons usually resident in its area, or resident outside the United Kingdom who are present in its area, and who are not practice patients of any medical practitioner providing general medical services under the Act or performing personal medical services in connection with a pilot scheme under the 1997 Act;
b
in so far as those functions consist of providing or securing the provision of —
i
accident and emergency services and ambulance services,
ii
services provided at walk-in centres,
iii
facilities and services for testing for, and preventing the spread of, genito-urinary infections and diseases and for treating and caring for persons with such infections or diseases,
iv
services which the Secretary of State has a duty to provide under section 5(1)(a) of the Act or which he may provide under Schedule 1 to the Act (medical inspection and treatment of pupils),
v
services which the Secretary of State has a duty to provide under section 5(1)(b) of the Act (services relating to contraception),
vi
health promotion services,
vii
services in connection with drug and alcohol misuse,
viii
any other services which the Secretary of State may direct,
for the benefit of all persons present in their area;
c
in so far as those functions relate to pilot schemes under the 1997 Act, for the benefit of persons within the area of the appropriate Strategic Health Authority and for which the trust is the relevant Primary Care Trust;
d
in so far as those functions consist of any other functions, generally as respects their area.
8
Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to where a person is usually resident for the purposes of this regulation —
a
he shall be treated as usually resident at the address which he gives to the person or body providing him with services, as being that at which he usually resides;
b
where he gives no such address, he shall be treated as usually resident at the address which he gives, to the person or body providing him with services, as being his most recent address;
c
where his usual residence cannot be determined under sub-paragraphs (a) and (b) above, he shall be treated as usually resident in the area in which he is present.
9
Subject to any directions which the Secretary of State may give as to any particular case or class of case, if there is doubt as to whether a person is a practice patient of any medical practitioner, or as to the identity of the medical practitioner of which a person is a practice patient, he shall be treated as a person who is not the practice patient of any medical practitioner.
10
In this regulation, references to accident and emergency services are references to those services provided at the accident and emergency department, or a minor injuries unit, of a health service hospital, and do not include any subsequent treatment connected with the provision of those services.
Functions relating to pilot schemes
4
1
Subject to regulation 6, the functions relating to pilot schemes under Part 1 of the 1997 Act (pilot schemes for primary care) specified in paragraphs (2) to (6) are to be exercisable by Strategic Health Authorities and Primary Care Trusts in accordance with those paragraphs.
2
The functions of the Secretary of State under sections 5 (approval of pilot schemes), 6(3) (making of pilot schemes), except in so far as it relates to the giving of directions under sub-paragraph (a) of that section, and 8(1), (2) and (4) (variation and termination of pilot schemes) are to be exercisable by Strategic Health Authorities except where the Primary Care Trust in whose area the pilot scheme or proposed pilot scheme is situated is itself the provider or proposed provider of services under that pilot scheme.
3
The functions of the Secretary of State under section 13 and Schedule 1 (preferential treatment on transferring to medical lists) and section 16 (NHS contracts) are to be exercisable by Primary Care Trusts except where the Primary Care Trust in whose area the pilot scheme or proposed pilot scheme is situated is itself the provider or proposed provider of services under that pilot scheme, when they are to be exercisable by the appropriate Strategic Health Authority.
4
Subject to paragraph (6), the functions of Strategic Health Authorities specified in paragraph (5) are to be exercisable by Primary Care Trusts and each Strategic Health Authority must direct each Primary Care Trust in relation to which it is the appropriate Strategic Health Authority to exercise those functions to that extent.
5
The functions referred to in paragraph (4) are —
a
the functions conferred on Strategic Health Authorities by sections 4(1) to (3) (proposals for pilot schemes), 6(1) and (4) (making of pilot schemes) and 18(1) (funding of preparatory work); and
b
the functions in relation to pilot schemes conferred on Strategic Health Authorities under —
i
the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 , regulation 3 (prescribed functions of Health Authorities and Health Boards), and
ii
the National Health Service (Functions of Health Authorities) (England) (Support of Provision of Services and Appraisal) Regulations 2002 , regulation 2 (prescribed functions of health authorities).
6
Paragraph (4) does not apply to the functions specified in paragraph (5)(a) where the Primary Care Trust in whose area the pilot scheme or proposed pilot scheme is situated is itself the provider or proposed provider of services under that pilot scheme.
Functions not to be exercisable by Primary Care Trusts
5
1
The functions exercisable by a Strategic Health Authority under the enactments specified in column (1) of Schedule 3 to these Regulations (the subject matter of the relevant functions being indicated in column (2) of that Schedule) are not to be exercisable by Primary Care Trusts.
2
Any function conferred on a Strategic Health Authority concerning the giving of any directions is not to be exercisable by a Primary Care Trust.
Limitations and restrictions on the exercise of functions relevant to both Strategic Health Authorities and Primary Care Trusts
6
1
The exercise by a Strategic Health Authority or Primary Care Trust of the functions referred to in regulations 3 and 4 is subject to such limitations as the Secretary of State may direct, and shall be in accordance with any directions which are given by the Secretary of State or, subject to any such directions, by the appropriate Strategic Health Authority.
2
Nothing in these Regulations is to be taken as giving directions under section 16D of the Act for the exercise of any functions conferred on or vested in the Secretary of State with respect to —
a
the making of any order or any regulations;
b
the giving of any directions other than under section 17(2)(d) of the Act (Secretary of State’s directions: exercise of functions) and section 8(1), (2) or (4) of the 1997 Act (variation and termination of pilot schemes); or
c
the determination of the amount of the remuneration, or of any allowance, which is, by virtue of these Regulations, to be paid by a Strategic Health Authority to their chairman and members.
3
The power under section 2 of the Act (Secretary of State’s general power as to services) is exercisable by a Strategic Health Authority or Primary Care Trust only to such extent as is necessary for the proper exercise of one or more other functions exercisable by them.
4
Except where the Secretary of State otherwise directs, a Strategic Health Authority and Primary Care Trust shall not exercise the functions of the Secretary of State under section 51(1) of the Act (university clinical teaching and research) in so far as those functions are concerned with securing the availability of facilities for clinical teaching.
5
Where, in the exercise of the functions referred to in regulation 3, arrangements are made by a Strategic Health Authority or Primary Care Trust with medical practitioners for the vaccination or immunisation of persons against disease, every medical practitioner providing general medical services, or performing personal medical services in connection with a pilot scheme under the 1997 Act, in the area of that Authority or trust shall, so far as is reasonably practicable, be given an opportunity to participate in the arrangements.
Limitations and restrictions on the exercise of functions relevant to Strategic Health Authorities only
7
1
The function under section 17(2)(d) of the Act is to be exercisable by a Strategic Health Authority only in relation to NHS trusts for which they are the appropriate Strategic Health Authority.
2
Approval by a Strategic Health Authority of a medical practitioner for the purposes of section 12(2) of the Mental Health Act 1983 (approval of medical specialists) as having special experience in the diagnosis and treatment of mental disorder shall be given only —
a
after carrying out such consultations, and the obtaining of such advice, as the Secretary of State may direct; and
b
for such periods as the Secretary of State may direct.
Limitations and restrictions on the exercise of functions relevant to Primary Care Trusts only
8
1
In exercising the functions of the Secretary of State under section 4 of the Act , a Primary Care Trust —
a
may only enter into an NHS contract for the provision of high security psychiatric services —
i
with an NHS trust approved by the Secretary of State under paragraph 10(2) and (3) of Schedule 2 to the 1990 Act as a provider of such services in relation to England, or
ii
with the consent of the Secretary of State, with an NHS trust approved by the National Assembly for Wales under paragraph 10(2) and (3) of Schedule 2 to the 1990 Act as a provider of such services in relation to Wales;
b
may not arrange with any other person or body (including voluntary organisations) for that person or body to provide such services; and
c
must have the approval of the Secretary of State to the arrangements for providing or securing the provision of such services.
2
The function under section 5(2)(d) of the Act (other services) is to be exercisable by a Primary Care Trust only to the extent that it does not consist of establishing or recognising research ethics committees.
3
Except where the Secretary of State otherwise directs, the functions under section 96C(1) and (2) of the Act (public-private partnerships) are only to be exercisable —
a
by a Primary Care Trust all or part of whose area is situated within the area of a local LIFT approved by the Secretary of State; and
b
for the purpose of forming and investing in a local LIFT company operating in the area of that trust.
4
In exercising the functions specified in Schedule 1 to the extent that they consist of —
a
providing or securing the provision of any specialised services; and
b
preparing and implementing population screening programmes,
a Primary Care Trust must have the approval of the appropriate Strategic Health Authority to the arrangements for providing or securing the provision of such services.
5
In exercising the functions specified in Schedule 1 to the extent that they consist of —
a
providing or securing the provision of facilities and services for —
i
testing for, and preventing the spread of, AIDS, HIV and genito-urinary infections and diseases, and
ii
treating and caring for persons with genito-urinary infections or diseases; and
b
the functions under section 5(1)(b) of the Act (services relating to contraception);
a Primary Care Trust must ensure that it complies with the conditions in paragraph (6).
6
The conditions referred to in paragraph (5) are that —
a
arrangements are in place for the application to those facilities or services of quality standards which are in accordance with any relevant guidance given by the Secretary of State;
b
arrangements are in place for co-ordinating the planning of those facilities and services with the planning of the facilities and services for the treating and caring for persons with AIDS or infected with HIV; and
c
the planning of the facilities and services for testing for, and preventing the spread of, AIDS and HIV takes account of the epidemiology of HIV infection in the area of the trust and targets those persons or classes of persons most vulnerable to infection.
Arrangements by Strategic Health Authorities for exercise of functions
9
1
Subject to paragraphs (2), (4), (5) and (6) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Strategic Health Authority under any provision of the Act, the 1990 Act, Part 1 of the 1997 Act, the Health Act, the Health and Social Care Act or the 2002 Act, may, by arrangement with that Authority, and subject to such restrictions and conditions as that Authority may think fit, be exercised —
a
by another Strategic Health Authority;
b
by another Health Authority;
c
by a Special Health Authority;
d
jointly with any one or more of the following —
i
Primary Care Trusts,
ii
other Strategic Health Authorities,
iii
other Health Authorities; or
e
on behalf of the Authority by a committee, sub-committee or officer of the Authority.
2
A Strategic Health Authority may not exercise jointly with a Primary Care Trust the functions referred to in regulation 5.
3
Subject to paragraphs (4) and (5) and to any directions which may be given by the Secretary of State with respect to its exercise, any function exercisable by a Strategic Health Authority jointly with Primary Care Trusts or other Strategic Health Authorities or Health Authorities under paragraph (1)(d) may by arrangement with the health service bodies in question, and subject to such restrictions and conditions as the Authority may think fit, be exercised on behalf of those bodies by a joint committee or joint sub-committee.
4
Any function exercisable by a Strategic Health Authority under or in relation to arrangements made under section 63(1) of the Health Services and Public Health Act 1968 (provision of instruction for officers of hospital authorities and other persons employed or contemplating employment, in certain activities connected with health or welfare) may by arrangement with that Authority be exercised jointly with one or more other Strategic Health Authorities, Special Health Authorities, Health Authorities, Primary Care Trusts or NHS trusts.
5
Any functions which a Strategic Health Authority may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that Authority be exercised jointly with one or more other Strategic Health Authorities, Health Authorities, Special Health Authorities, Primary Care Trusts or NHS trusts.
6
Any function exercisable by a Strategic Health Authority under article 18 of the Nursing and Midwifery Order 2001 may, by arrangement with that Authority, be exercised —
a
by another Strategic Health Authority or Health Authority;
b
jointly with any one or more other Strategic Health Authorities or Health Authorities;
c
on behalf of the Authority by —
i
a committee, sub-committee or officer of the Authority, or
ii
a joint committee, or joint sub-committee, of that Authority and one or more other Strategic Health Authorities or Health Authorities.
7
Where, in relation to a single Primary Care Trust, more than one Strategic Health Authority satisfies the definition of the appropriate Strategic Health Authority, the Authorities concerned shall enter into arrangements for the purpose of ensuring that, in any particular case, only one such Authority exercises functions in relation to that Primary Care Trust.
Arrangements by Primary Care Trusts for exercise of functions
10
1
Subject to paragraphs (5) and (6) and to any directions given by the Secretary of State or, subject to any such directions, any directions given by the appropriate Strategic Health Authority with respect to its exercise, any function exercisable by a Primary Care Trust under or by virtue of the Act, the 1990 Act, Part 1 of the 1997 Act, the Health Act, the Health and Social Care Act or the 2002 Act may, by arrangement with that trust, and subject to such restrictions and conditions as that trust may think fit, be exercised —
a
by another Primary Care Trust;
b
by a Special Health Authority;
c
jointly with any one or more of the following —
i
Strategic Health Authorities,
ii
Health Authorities,
iii
NHS trusts,
iv
other Primary Care Trusts; or
d
on behalf of the trust by a committee, sub-committee or officer of the trust.
2
Subject to paragraph (3) and to any directions given by the Secretary of State or, subject to any such directions, the appropriate Strategic Health Authority with respect to its exercise, any functions which, under paragraph (1)(b), are exercisable by a Special Health Authority may be exercised on behalf of that authority by a committee, sub-committee or officer of that authority.
3
Paragraph (2) does not apply in the case of the Mental Health Act Commission , the Prescription Pricing Authority or the Dental Vocational Training Authority .
4
Subject to any directions given by the Secretary of State or, subject to any such directions, the appropriate Strategic Health Authority with respect to their exercise, any functions which, under paragraph (1)(c), are exercisable by a Primary Care Trust jointly with one or more Strategic Health Authorities, Health Authorities or other Primary Care Trusts (but not with any NHS trusts) may by arrangement with those health service bodies be exercised on behalf of those bodies by a joint committee or a joint sub-committee.
5
Any function exercisable by a Primary Care Trust under or in relation to arrangements made under section 63(1) of the Health Services and Public Health Act 1968 may by arrangement with that Trust be exercised jointly with one or more Strategic Health Authorities, Health Authorities, Special Health Authorities, NHS trusts or other Primary Care Trusts.
6
Any function which a Primary Care Trust may be directed to exercise by virtue of section 51(1) of the Act in relation to the provision of facilities which are reasonably required by a university which has a medical or dental school in connection with clinical teaching may by arrangement with that trust be exercised jointly with one or more Strategic Health Authorities, Health Authorities, Special Health Authorities, NHS trusts or other Primary Care Trusts.
7
Where it becomes apparent to two adjacent Primary Care Trusts that on 1st April of the next financial year, as a result of a change in the numbers of practice patients, or the address or addresses of one or more practice patients of any medical practitioner, the trust which is the relevant Primary Care Trust will no longer be the relevant Primary Care Trust and the other trust will be the relevant Primary Care Trust, paragraph (8) shall apply.
8
The two adjacent Primary Care Trusts shall consult the medical practitioner as to whether the trusts in question should enter into arrangements under this regulation, or any other appropriate arrangements, for the purpose of ensuring that the Primary Care Trust which is the relevant Primary Care Trust will continue to exercise functions in relation to that practice and those practice patients.
Arrangements with health service bodies in Wales
11
1
Subject to any directions which may be given by the Secretary of State, a Strategic Health Authority may enter into arrangements with a Health Authority or Health Authorities for the functions specified in paragraph (3) which are exercisable by that Health Authority or Health Authorities, to be exercised —
a
by the Strategic Health Authority;
b
jointly between the Strategic Health Authority and the Health Authority or Health Authorities; or
c
on behalf of the Strategic Health Authority and Health Authority by a joint committee or joint sub-committee.
2
Subject to any directions which may be given by the Secretary of State, a Primary Care Trust may enter into arrangements with a Health Authority or Health Authorities for the functions specified in paragraph (3) which are exercisable by that Health Authority or Health Authorities, to be exercised —
a
jointly between the Primary Care Trust and the Health Authority or Health Authorities; or
b
on behalf of the Primary Care Trust and Health Authority by a joint committee or joint sub-committee.
3
The functions referred to in paragraphs (2) and (3) are any functions exercisable by a Health Authority under or by virtue of the Act, the 1990 Act, Part 1 of the 1997 Act, the Health Act, the Health and Social Care Act, the 2002 Act or the Nursing and Midwifery Order 2001.
Revocations
12
The regulations specified in column (1) of Schedule 4 are revoked to the extent specified in column (3) of that Schedule.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
17th September 2002


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2002 and shall come into force on 6th April 2002.
Low earnings threshold
2
It is hereby directed that for the purposes of the Social Security Contributions and Benefits Act 1992 , the low earnings threshold for the tax years following the tax year 2001–2002 shall be £10,800.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
9th January 2002


text:
1
This Order may be cited as the Consular Fees Order 2002 and shall come into force on 1st July 2002.
2
The Consular Fees Order ( No. 2) 1999 shall be amended in Part II of the table of consular fees in the Schedule to that Order —
a
by substituting for Fee 18 the following —
18
1
Receiving an application for —
a
entry clearance (other than for the United Kingdom or a dependency of the United Kingdom 22.00
b
entry clearance for a dependency of the United Kingdom 22.00
2
Preparing or forwarding, or both, any letter, certificate, declaration or other document which may be required by an authority in any country or territory in connection with an application for or the issue or renewal of an entry clearance (for a country or territory for which the consular officer does not himself have authority to issue entry clearance), a residence permit or identity card or forwarding any other certificate or document (except a Home Office travel document and applications for registration and naturalisation) 35.00
3
Preparing or forwarding, or both, an application for registration or naturalisation to the Home Office 35.00
b
by substituting for Fee 20 the following —
20
1
Receiving, outside the United Kingdom, an application for —
a
a visa for passing through the United Kingdom without entering it 27.00
b
entry clearance:
i
in respect of any of the following —
for employment or self-employment for a period of six months or less,
as a returning resident,
as a visitor,
as a student,
as a passenger in transit, except where the sub-paragraph (a) above applies,
as an “au pair”,
for a working holiday,
valid in each case in accordance with the following specified conditions:
for multiple entries, valid for six months from the date of issue 36.00
for multiple entries, valid for one year from the date of issue 60.00
for multiple entries, valid for two years from the date of issue 70.00
for multiple entries, valid for five years from the date of issue 88.00
for multiple entries, valid for ten years from the date of issue 150.00
ii
for settlement 260.00
iii
for marriage 260.00
iv
for any purpose other than those listed in sub-paragraphs (i) to (iii) above 75.00
c
a certificate of entitlement to the right of abode 110.00
or such sums (being the equivalent of fees charged by the authorities of any State for receiving or granting an application for an entry clearance to a British citizen) as the Secretary of State, with the consent of the Treasury, directs to be taken for receiving or granting an application for an entry clearance from a national or citizen of that State.
2
Receiving in the United Kingdom an application made in the United Kingdom for a certificate of entitlement of the right to abode 20.00
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) (Amendment) Order 2002 and shall come into force on 17th June 2002.
2
In Part I of the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 —
a
in the entry in column 2 relating to the National Criminal Intelligence Service after “Superintendent” insert “, Grade M4 or any individual on secondment to the National Criminal Intelligence Service who holds any office, rank or position in any other relevant public authority prescribed by virtue of article 2 of this Order”; and
b
in the entry in column 3 relating to the National Criminal Intelligence Service after “Inspector” insert “, Grade J or any individual on secondment to the National Criminal Intelligence Service who holds any office, rank or position in any other relevant public authority prescribed by virtue of article 3 of this Order”.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
7th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Merton, Sutton and Wandsworth 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 Merton, Sutton and Wandsworth Health Authority ;
“the new Trust” means the Wandsworth Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 20th March 2002 and on behalf of the new Trust on 26th March 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption (Amendment) Order 2002 and shall come into force on 31st July 2002.
Amendment
2
1
The Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption Order 2002 shall be amended as follows.
2
For article 2 there shall be substituted —
2
In this Order —
any reference to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 and “class of passenger accommodation” shall have the same meaning in this Order as it has in those Regulations;
“carriage door control device” means a door control device which operates a power operated door and is situated within a carriage either —
so as to provide passenger access between different classes of passenger accommodation in an exempted vehicle; or
in the end of an exempted vehicle so as to provide passenger access into a corridor connecting one exempted vehicle with another; and
“corridor door control device” means a door control device situated inside a corridor connecting one exempted vehicle with another and which operates a power operated door so to provide passenger access out of that corridor.
.
3
For article 5 there shall be substituted —
5
1
It is a condition of the exemption given by article 4(2) above in relation to regulation 5(1)(b), in so far as it applies to any carriage door control device, that the control device is operable by the palm of the hand exerting a force not exceeding 40 newtons.
2
It is a condition of the exemption given by article 4(2) above in relation to regulation 5(1)(b), in so far as it applies to any corridor door control device, that —
a
the control device is operable by the palm of the hand exerting a force not exceeding 40 newtons; and
b
any door in the end of an exempted vehicle shall remain open for a period of not less than 20 seconds before it starts to close .
.
4
For article 6(3) there shall be substituted —
3
The exemption given in respect of regulation 5(1)(b) shall cease —
a
in so far as it applies to any carriage door control device —
i
at the end of 31st July 2003; or
ii
in respect of an exempted vehicle in which all carriage door control devices are replaced before that date, when such replacement is completed; and
b
at the end of 31st July 2012 in so far as it applies to any corridor door control device.
.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
10th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Act ” means the Local Government Act 1999;
“ DETR ” means the Department of the Environment, Transport and the Regions;
“fire authority” means —
a fire authority constituted by a combination scheme;
a metropolitan county fire and civil defence authority;
the London Fire and Emergency Planning Authority;
The Council of the Isles of Scilly in its capacity as a fire authority; or
a county council acting as the fire authority for its area under the provisions of section 4 of the Fire Services Act 1947 ;
“highway authority” has the meaning given in section 1(2) and (3) of the Highways Act 1980 ;
“unitary council” means a district council, a county council or a London borough which is the sole principal council for its local government area;
“principal council” means a council elected for a principal area as defined in section 270 of the Local Government Act 1972 ; and
“waste collection authority” has the same meaning as in section 30(3) of the Environmental Protection Act 1990 ).
3
In this Order a reference to a numbered indicator or standard in a particular Schedule is to the indicator or standard so numbered in column 1 of that Schedule and which is described in column 2 of that Schedule.
Application
2
This order applies —
a
in relation to England, to all best value authorities; and
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Act (police and fire authorities).
General corporate health performance indicators
3
1
The performance of the best value authorities specified in paragraph (2), in exercising all of their functions, shall be measured by reference to indicators 1 to 14 in Schedule 1 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
metropolitan district councils;
b
non-metropolitan district councils;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
the Common Council of the City of London, in its capacity as a local authority; and
f
unitary councils.
3
The performance of the Greater London Authority in exercising all of those of its functions which are exercised through the Mayor shall be measured by reference to indicators 2 to 5 and 8 to 14 in Schedule 1 to this Order.
4
The performance of Transport for London, in exercising all of its functions, shall be measured by reference to indicators 2, 3, 5 to 7 and 8 to 13 in Schedule 1 to this Order.
5
The performance of the London Development Agency, in exercising all of its functions, shall be measured by reference to indicators 2, 3, 5 to 7 and 8 to 13 in Schedule 1 to this Order.
6
The performance of county councils, in exercising all of their functions, shall be measured by reference to indicators 1 to 5 and 8 to 13 in Schedule 1 to this Order.
7
The performance of National Park authorities and the Broads authority, in exercising all of their functions, shall be measured by reference to indicators 2, 4, 5, 9 to 11, 14 and 15 in Schedule 1 to this Order.
8
The performance of fire authorities, in exercising all of their functions, shall be measured by reference to indicators 2, 5, 8, 9, 11 and 13 in Schedule 1 to this Order.
9
The performance of waste disposal authorities established under section 10 of the Local Government Act 1985 in exercising all of their functions shall be measured by reference to indicators 2, 4, 5, 8, 9, 11 and 13 in Schedule 1 to this Order.
10
The performance of county passenger transport authorities in exercising all of their functions shall be measured by reference to indicators 2, 3, 4, 5, 8, 9, 10, 11, 12 and 13 in Schedule 1 to this Order.
Performance indicators for community safety
4
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community safety, shall be measured by reference to indicators 1 to 7 in Schedule 2 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
metropolitan district councils;
b
non-metropolitan district councils;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
the Common Council of the City of London, in its capacity as a local authority;
f
unitary councils;
g
county councils; and
h
police authorities.
Performance indicators for education
5
1
The performance of the best value authorities specified in paragraph (2), in exercising their education functions, shall be measured by reference to indicators 1 to 18 in Schedule 3 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Council of the Isles of Scilly;
c
the Common Council of the City of London, in its capacity as a local authority;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for social services
6
1
The performance of the best value authorities specified in paragraph (2), in exercising their social services, functions shall be measured by reference to indicators 1 to 14 in Schedule 4 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London, in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils; and
f
unitary councils.
Performance indicators for housing and related services
7
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing and housing related services, shall be measured by reference to indicators 1 to 9 in Schedule 5 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London, in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
3
For the purposes of the indicators specified by this article “dwelling” is a building, or part of a building which forms a separate, or reasonably separate and self contained, set of premises designed to be occupied by a single household including non-permanent housing such as caravans, mobile homes and houseboats available for all year round occupation; a group of bedsits (single rooms without exclusive use of bath or toilet) sharing facilities counts as one dwelling.
Performance indicators for housing benefit and council tax benefit
8
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to housing benefit and council tax benefit, shall be measured by reference to indicators 1 to 9 in Schedule 5, and 1 to 6 in Schedule 6 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London, in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
non-metropolitan district councils;
e
London borough councils; and
f
unitary councils.
Performance indicators for environmental services
9
1
The performance of waste disposal authorities, in exercising all of their functions shall be measured by reference to indicators 1, 2, 3, 4, 5 and 7 in Schedule 7 to this Order.
2
The performance of waste collection authorities, in exercising all of their functions shall be measured by reference to indicators 1, 2, 5, 6, 7 and 8, in Schedule 7 to this Order.
Performance standards for waste authorities
10
1
A waste disposal authority which achieved, in the financial year beginning with 1st April 1998 —
a
a recycling and composting rate specified in column (1) of Part I of Schedule 8 to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part;
b
a recycling and composting rate specified in column (1) of Part II of that Schedule shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (3) of that Part.
2
For the purposes of this article, the recycling and composting rate for an authority is that which is set out for the authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies” (published on 5th March 2001); and an authority which is stated in that document to have failed to supply to the DETR adequate details of the recycling and composting rates is treated for the purposes of —
a
paragraph (1)(a) of this article and Part I of Schedule 8 to this Order as having a recycling and composting rate of 16% or more; and
b
paragraph (1)(b) of this article and Part II of that Schedule as having a recycling and composting rate of 19% or more.
3
For the purposes of this article “waste authority” means a waste collection or a waste disposal authority.
Performance indicators for transport
11
1
The performance of the best value authorities specified in paragraph (2), in exercising their transport functions, shall be measured by reference to indicators 1 to 9 in Schedule 9 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London, in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
unitary councils;
e
London borough councils; and
f
Transport for London.
3
The performance of highways authorities, with the exception of inner London borough councils, in exercising their highways functions, shall, in addition to any indicators mentioned in paragraph (1), be measured by reference to indicator 7 in Schedule 9 to this Order.
4
The performance of metropolitan district councils, in exercising their transport functions, shall be measured by reference to indicators 1 to 3 and 5 to 8 in Schedule 9 to this Order.
5
The performance of county passenger transport authorities, in exercising their transport functions, shall be measured by reference to indicator 4 in Schedule 9 to this Order.
Performance indicators for planning
12
1
The performance of the best value authorities specified in paragraph (2), in exercising their planning functions, shall be measured by reference to indicators 1 to 5 in Schedule 10 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
London borough councils;
e
non-metropolitan district councils; and
f
unitary councils.
3
The performance of the best value authorities specified in paragraph (4) in exercising their planning authorities shall be measured by reference to indicators 2, 3 and 5 in Schedule 10 to this Order.
4
The best value authorities specified for the purposes of paragraph (3) are —
a
county councils which are not unitary councils;
b
the Broads authority; and
c
National park authorities.
Performance standards for planning
13
1
The best value authorities specified in paragraph (2), in exercising their planning functions shall, in relation to indicator 3(a) (major applications) in Schedule 10 to this Order, meet standard 1 as specified in Schedule 11 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
Babergh District Council;
b
Bath & North East Somerset Council;
c
London Borough of Brent;
d
Brighton and Hove City Council;
e
Canterbury City Council;
f
Carrick District Council;
g
Chester City Council;
h
Corby Borough Council;
i
London Borough of Croydon;
j
Dartford Borough Council;
k
East Hampshire District Council;
l
Epping Forest District Council;
m
Epsom and Ewell Borough Council;
n
Fareham District Council;
o
Fenland District Council;
p
Guildford Borough Council;
q
Harborough District Council;
r
London Borough of Havering;
s
London Borough of Hillingdon;
t
Royal Borough of Kensington and Chelsea;
u
Royal Borough of Kingston upon Thames;
v
London Borough of Lambeth;
w
Leeds City Council;
x
Medway Council;
y
London Borough of Merton;
z
London Borough of Newham;
aa
North Somerset Council;
bb
North Warwickshire Borough Council;
cc
Oxford City Council;
dd
Reading Borough Council;
ee
Restormel Borough Council;
ff
London Borough of Richmond upon Thames;
gg
Runnymede Borough Council;
hh
Sevenoaks District Council;
ii
South Oxfordshire District Council;
jj
Surrey Heath Borough Council;
kk
Trafford Borough Council;
ll
Tunbridge Wells Borough Council;
mm
Vale of White Horse District Council;
nn
Watford Borough Council;
oo
West Berkshire Council;
pp
Winchester City Council;
qq
Royal Borough of Windsor & Maidenhead;
rr
Wokingham District Council; and
ss
Wychavon District Council.
3
The best value authorities specified in paragraph (4), in exercising their planning functions, shall in relation to indicator 3(b) (minor applications) in Schedule 10 to this Order be required to meet standard 2 as specified in Schedule 11 to this Order.
4
The best value authorities specified for the purposes of paragraph (3) are —
a
Alnwick District Council;
b
London Borough of Barnet;
c
Bromsgrove District Council;
d
Chichester District Council;
e
Christchurch Borough Council;
f
Corby Borough Council;
g
Dacorum Borough Council;
h
East Hampshire District Council;
i
Elmbridge Borough Council;
j
Epping Forest District Council;
k
Guildford Borough Council;
l
London Borough of Hackney;
m
Harborough District Council;
n
London Borough of Harrow;
o
London Borough of Havering;
p
London Borough of Hillingdon;
q
Royal Borough of Kingston upon Thames;
r
London Borough of Lambeth;
s
London Borough of Merton;
t
North Dorset District Council;
u
Oxford City Council;
v
Preston Borough Council;
w
Reading Borough Council;
x
Restormel Borough Council;
y
Rotherham Borough Council;
z
Rutland County Council;
aa
Selby District Council;
bb
Sevenoaks District Council;
cc
South Northamptonshire District Council;
dd
Southampton City Council;
ee
Stockport Borough Council;
ff
Test Valley Borough Council;
gg
Three Rivers District Council;
hh
Trafford Borough Council;
ii
Watford Borough Council;
jj
West Berkshire Council;
kk
Winchester City Council;
ll
Royal Borough of Windsor & Maidenhead;
mm
Wokingham District Council; and
nn
Wychavon District Council.
5
The best value authorities specified in paragraph (6), in exercising their planning functions, shall in relation to indicator 3(c) (other applications) in Schedule 10 to this Order be required to meet standard 3 as specified in Schedule 11 to this Order.
6
The best value authorities specified for the purposes of paragraph (5) are —
a
Alnwick District Council;
b
London Borough of Barnet;
c
Bournemouth Borough Council;
d
Bromsgrove District Council;
e
Christchurch Borough Council;
f
Corby Borough Council;
g
Craven District Council;
h
Dacorum Borough Council;
i
East Hampshire District Council;
j
Epping Forest District Council;
k
Guildford Borough Council;
l
London Borough of Hackney;
m
Harborough District Council;
n
London Borough of Harrow;
o
Herefordshire Council;
p
London Borough of Hillingdon;
q
London Borough of Hounslow;
r
London Borough of Islington;
s
Royal Borough of Kensington and Chelsea;
t
Royal Borough of Kingston upon Thames;
u
London Borough of Lambeth;
v
Lichfield District Council;
w
London Borough of Merton;
x
Mid Devon District Council;
y
North Wiltshire District Council;
z
Northumberland National Park;
aa
Oxford City Council;
bb
Preston Borough Council;
cc
Reading Borough Council;
dd
Restormel Borough Council;
ee
Rutland County Council;
ff
Sevenoaks District Council;
gg
South Northamptonshire District Council;
hh
Southampton City Council;
ii
Teesdale District Council;
jj
Tendring District Council;
kk
Test Valley Borough Council;
ll
Tewkesbury Borough Council;
mm
Trafford Borough Council;
mn
Vale Royal Borough Council;
oo
Watford Borough Council;
pp
Wellingborough Borough Council;
qq
West Berkshire Council;
rr
Royal Borough of Windsor & Maidenhead;
ss
Wokingham District Council; and
tt
Wychavon District Council.
7
For the purposes of paragraphs (4) and (6), in relation to those authorities specified in paragraph (8), planning applications for which the authority has responsibility but which are in respect of development in a National park, are excluded.
8
The best value authorities specified for the purposes of paragraph (7) are —
a
Alnwick District Council;
b
Craven District Council; and
c
Mid Devon District Council.
Performance indicators for Environmental Health and Trading Standards
14
1
The performance of the best value authorities specified in paragraph (2), in exercising their environmental health and trading standards functions, shall be measured by reference to the indicator contained in Schedule 12 to this order.
2
The best value authorities specified for the purpose of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London, in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Performance indicators for cultural and related services
15
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to cultural and related services, shall be measured by reference to indicators 1 to 4 in Schedule 13 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London, in its capacity as a local authority;
c
London borough councils;
d
metropolitan district councils;
e
unitary councils; and
f
the Council of the Isles of Scilly.
2
The performance of non-metropolitan district councils, in exercising their functions in relation to cultural and related services, shall be measured by reference to indicator 1 in Schedule 13 to this Order.
4
The performance of the Greater London Authority, in exercising those of its functions which are exercised through the Mayor, in relation to cultural and related services, shall be measured by reference to indicator 1 in Schedule 13 to this Order.
Performance indicators for fire services
16
The performance of fire authorities, in exercising their functions in respect of the provision of fire services, shall be measured by reference to indicators 1 to 11 in Schedule 14 to this Order.
Performance indicators for community legal services
17
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to community legal services, shall be measured by reference to the indicator in Schedule 15 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
the Common Council of the City of London, in its capacity as a local authority;
c
the Council of the Isles of Scilly;
d
London borough councils;
e
metropolitan district councils;
f
non-metropolitan district councils; and
g
unitary councils.
Revocation
18
The Local Government (Best Value) Performance Indicators and Performance Standards Order 2001 is hereby revoked.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under Secretary of State,
Department of Transport, Local Government and the Regions
Dated this 8th day of March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
Increases in fees
2
1
The Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981 shall be amended as follows.
2
In the regulations specified in column (1) of the Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
46(2)(a)(i) £169 £174 46(2)(a)(ii) £135 £139 46(2)(b)(i) £135 £139 46(2)(b)(ii) £16 £16.50 50(a) £783 £806 £73 £75 50(b) £386 £398 50(c) £1674 £1724 53 £15 £15.50 57(5) £10.50 £11
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
6th March 2002


text:
1
These Regulations may be cited as the Education (Mandatory Awards) Regulations 2001 (Amendment) (No. 3) 2002 and shall come into force on 21st February 2002.
2
The Education (Mandatory Awards) Regulations 2001 shall be amended in accordance with these Regulations.
3
1
For paragraph 14(2) of Schedule 2 there shall be substituted —
2
The dependants requirement for each week for which a student shall be eligible under paragraph (1) is:
a
where the academic year begins in the autumn, for the period of 40 weeks beginning on the first day of the first term of the academic year:
i
for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114.75 per week; or
ii
for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week;
b
where the academic year begins in the winter, spring or summer, for each week of each term of the academic year and the Christmas and Easter vacations beginning on the first day of the first term of the academic year:
i
for one dependent child, 85 per cent. of the costs of the childcare, subject to a maximum amount of £114.75 per week; or
ii
for two or more dependent children, 85 per cent. of the costs of the childcare, subject to a maximum amount of £170 per week; and
c
for any other week of the academic year to which sub-paragraphs (a) or (b) do not apply including a week of the summer vacation, except each week falling within the period between the end of the course and the end of the academic year in which the course ends:
i
for one dependent child, 70 per cent. of the costs of the childcare, subject to a maximum amount of £94.50 per week; or
ii
for two or more dependent children, 70 per cent. of the costs of the childcare, subject to a maximum amount of £140 per week.
.
Margaret Hodge
Minister of State,
Department for Education and Skills
31st January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 (Amendment) Order 2002 and shall come into force on 1st October 2002.
2
In this Order, “the Principal Order ” means the Trade Union Ballots and Elections (Independent Scrutineer Qualifications) Order 1993 .
Amendments to the Principal Order
2
For Article 7 of the Principal Order substitute —
7
The following persons are specified for the purpose of the relevant provisions —
Electoral Reform (Ballot Services) Limited;
Election.com Limited;
Popularis Limited; and
Involvement and Participation Association.
Patricia Hewitt,
Secretary of State for Trade and Industry
3rd September 2002


text:
Citation, construction and commencement
1
1
This Order may be cited as the Turks and Caicos Islands Constitution (Amendment) Order 2002 and shall be read as one with the Turks and Caicos Islands Constitution Order 1988 (hereinafter referred to as “the principal Order”).
2
The principal Order and this Order may be cited together as the Turks and Caicos Islands Constitution Orders 1988 to 2002.
3
In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the principal Order.
4
This Order shall come into force on such day as the Governor, acting in his discretion, may appoint by proclamation published in the Gazette .
Amendment of section 68 of Constitution
2
Section 68(1) of the Constitution is amended by deleting the words “save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted”.
Amendment of section 84 of Constitution
3
Section 84 of the Constitution is amended by deleting subsection (3).
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Housing Benefit (General) Amendment Regulations 2002, and shall come into force on 7th October 2002.
Amendment of Regulations
2
In paragraph 11A of Schedule 1A to the Housing Benefit (General) Regulations 1987 (excluded tenancies — property acquired by social landlords) —
a
in sub-paragraph (1) for “sub-paragraph (2)” there shall be substituted “sub-paragraphs (2) and (3)”; and
b
after sub-paragraph (2) there shall be added —
3
Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
9th September 2002


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


text:
Title, extent and commencement
1
1
This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (Amendment) (No. 2) Order 2002 and extends to England only.
2
This Order shall come into force on 15th May 2002.
Interpretation
2
In this Order “the principal Order ” means the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 .
Amendment of article 2
3
In article 2 of the principal Order after the definition of “collecting centre” there shall be inserted the following —
“ CPH number” has the meaning given in article 2 of The Disease Control (Interim Measures) (England) Order 2002 ;
.
Amendment of article 4
4
1
Article 4 of the principal Order is amended in accordance with the provisions of this article.
2
In paragraph (2)(e) “(if any)” shall be deleted.
3
In paragraph (2)(ff) “and” shall be deleted.
4
After paragraph (2)(g) there shall be inserted the following —
; and
in the case of a ram being moved for breeding purposes in accordance with article 3(2)(b)(xviii) of the Disease Control (Interim Measures) (England) Order 2002, the individual identification number together with the Mark which was applied at the same time as the individual identification number.
.
Amendment of article 5
5
1
Article 5 of the principal Order is amended in accordance with the provisions of this article.
2
In paragraph (2)(e) “(if any)” shall be deleted.
3
In paragraph (2)(ff) “and” shall be deleted.
4
After paragraph (2)(g) there shall be inserted the following —
; and
in the case of a goat being moved for breeding purposes in accordance with article 3(2)(b)(xviii) of the Disease Control (Interim Measures) (England) Order 2002, the individual identification number together with the Mark which was applied at the same time as the individual identification number.
.
Amendment of article 9
6
1
Article 9 of the principal Order is amended in accordance with the provisions of this article.
2
Paragraph (2)(g) shall be replaced by the following —
g
the animal is marked with a temporary mark and is —
i
being moved direct to a slaughterhouse;
ii
being moved direct to a market for the purpose of sale for slaughter;
iii
being moved to a collecting centre before being moved to a slaughterhouse; or
iv
returning direct to a holding from a market (other than a dedicated slaughtermarket) to which it had been sent for the purpose of sale for slaughter;
.
3
In paragraph (2)(j) “or” shall be deleted.
4
After paragraph (2)(k) there shall be inserted the following —
; or
the animal is being moved from a market, provided the animal was marked in accordance with the requirements of this Order when it was moved on to that market.
.
Amendment of article 12
7
1
Article 12 of the principal Order is amended in accordance with the provisions of this article.
2
In paragraph (1)(a) after “the addresses” there shall be inserted “including the CPH number and the postcode”.
3
In paragraph (2)(b) “or” shall be deleted.
4
After paragraph (2)(c) there shall be inserted the following —
d
where an animal is being moved to or from a show, the individual identification number together with the Mark which was applied at the same time as the individual identification number; or
e
where a ram or goat is being moved for breeding purposes in accordance with article 3(2)(b)(xviii) of the Disease Control (Interim Measures) (England) Order 2002, the individual identification number together with the Mark which was applied at the same time as the individual identification number.
.
Markets
8
After article 16 of the principal Order there shall be inserted the following —
Markets
16A
1
The operator of the market shall ensure that all sheep and goats are divided into groups of one or more animals immediately upon their arrival at the market, and a lot number is allocated to each group.
2
No person shall buy or sell a sheep or goat at a market unless he also buys all other animals in the lot to which that sheep or goat belongs.
3
The operator of a market shall ensure that as soon as a sheep or goat has been sold at the market, the movement document described in article 12 is completed.
4
No person shall move a sheep or goat from a market other than to the premises identified in the movement record completed in accordance with paragraph (3) above.
5
The market operator shall ensure that on the day that a sheep or goat is moved from the market, he sends a document substantially in the form set out in the Schedule to this Order, specifying the information described in article 12(1) and (2) to the local authority for the area in which the market is situated.
.
9
After article 18 of the principal Order there shall be added the Schedule to this Order.
Signed at 5.25 p.m. On 14th May 2002
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs


text:
Citation and application
1
1
This Order may be cited as the Local Government Act 2000 (Model Code of Conduct) (Amendment) Order 2002.
2
This Order applies in relation to England and to police authorities in Wales .
Amendment to the Local Authorities (Model Code of Conduct) (England) Order 2001
2
In article 4(1) of the Local Authorities (Model Code of Conduct) (England) Order 2001 , for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority — ” .
Amendment to the Parish Councils (Model Code of Conduct) Order 2001
3
In article 3(1) of the Parish Councils (Model Code of Conduct) Order 2001 , for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority — ”.
Amendment to the National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001
4
In article 3(1) of the National Park and Broads Authorities (Model Code of Conduct) (England) Order 2001 , for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority — ”.
Amendment to the Police Authorities (Model Code of Conduct) Order 2001
5
In article 3(1) of the Police Authorities (Model Code of Conduct) Order 2001 , for the words preceding sub-paragraph (a) there shall be substituted “Where an authority has adopted a code of conduct or such a code applies to it, the following shall, where applicable to the authority, be disapplied as respects that authority — ”.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
4th July 2002