text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2002 and shall come into force on 15th February 2002.
2
These Regulations extend to England only.
Amendment to principal Regulations
2
The Home Energy Efficiency Scheme (England) Regulations 2000 are amended in accordance with the following provisions of these Regulations.
Persons who may apply for a grant
3
In regulation 4 (persons who may apply for a grant) —
a
in paragraph (1), after sub-paragraph (c), add the following sub-paragraph —
d
is, or is living with a spouse who is, in receipt of a benefit to which paragraph (2) applies, and who is, or is living with a spouse who is, a person in respect of whom a maternity certificate (as provided for in regulation 2 of the Social Security (Medical Evidence) Regulations 1976 and regulation 2 of the Statutory Maternity Pay (Medical Evidence) Regulations 1987 ) has been given.
;
b
in paragraph (2) after the words “housing benefit” insert the words “, working families tax credit”; and
c
in paragraph (3)(b) omit the words “working families tax credit” and the word “each”.
Purposes for which grant may be approved
4
In regulation 5(1) (purposes for which grant may be approved) —
a
in sub-paragraph (g) for the words “foam insulated” substitute the words “factory-insulated”;
b
in sub-paragraph (j) after the words “heating system” insert the words “(including systems which generate electricity)”;
c
at the end of sub-paragraph (l) add the following sub-paragraph —
m
to provide space or water heating systems which use energy from renewable sources including solar, wind and hydro-electric power and near renewable resources including ground and air heat.
.
Grant maximums
5
In regulation 6 (grant maximums) —
a
in paragraph (1) for “£1,000” substitute “£1,500”; and
b
in paragraph (3) for “£2,000” substitute “£2,500”.
Signed by authority of the Secretary of State
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
11th January 2002
We consent,
Anne McGuire
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
21st January 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Public Service Vehicles Accessibility (Amendment) Regulations 2002 and shall come into force on 31st December 2002.
2
These Regulations shall extend to Great Britain.
Amendments
2
1
The Public Service Vehicles Accessibility Regulations 2000 shall be amended in accordance with the following provisions.
2
In regulation 4 (exemptions), paragraph (2) for “1 January 2003”, there shall be substituted “1 January 2004”.
3
In Schedule 1, in paragraph 5 (boarding lifts and ramps), in sub-paragraph (3)(c), for “7°”, there shall be substituted “8°”.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
3rd December 2002


text:
PART I
INTRODUCTORY
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 and shall come into force —
a
for the purposes of —
i
an appeal under section 86(1)(a) or (b) of the 2000 Act ;
ii
an application for leave to appeal under section 86(1)(b) of the 2000 Act;
iii
a determination, or an application for leave for a determination, under section 86(2) of the 2000 Act,
on the first day on which sections 80 to 93 of the 2000 Act are in force;
b
for all other purposes, on 1st April 2002.
2
In these Regulations —
“the 1989 Act ” means the Children Act 1989 ;
“the 1999 Act ” means the Protection of Children Act 1999;
“the 2000 Act” means the Care Standards Act 2000 ;
“case” in Parts IV and VI means —
an appeal under section 21 of the 2000 Act;
an appeal under section 79M of the 1989 Act ;
an appeal under section 65A of the 1989 Act ;
an appeal under section 4(1)(a) or (b) of the 1999 Act;
a determination under section 4(2) of the 1999 Act;
an appeal under the Education Regulations ;
an appeal under section 86(1)(a) or (b) of the 2000 Act; or
a determination under section 86(2) of the 2000 Act;
“application for leave” means an application to the Tribunal —
for leave to appeal under section 4(1)(b) of the 1999 Act or section 86(1)(b) of the 2000 Act;
for leave for a determination by the Tribunal under section 4(2) of the 1999 Act or section 86(2) of the 2000 Act;
“appropriate authority” means in relation to an appeal under section 65A of the 1989 Act the Commission or the Assembly ;
“the Assembly” means the National Assembly for Wales ;
“the Chief Inspector ” means Her Majesty’s Chief Inspector of Schools in England ;
“ the clerk ” means, in relation to a hearing before the Tribunal, the person appointed by the Secretary to act as clerk to the Tribunal;
“the Commission” means the National Care Standards Commission ;
“costs order” shall be construed in accordance with regulation 24;
“county court” has the same meaning as in the County Courts Act 1984 ;
“document” means information recorded in writing or in any other form;
“the Education Regulations” means the Education (Restriction of Employment) Regulations 2000;
“an institution within the further education sector” shall be construed in accordance with section 4(3) of the Education Act 1996 ;
“local authority” has the same meaning as in section 105 of the 1989 Act;
“local education authority” shall be construed in accordance with section 12 of the Education Act 1996;
“nominated chairman” means the chairman appointed by the President in accordance with regulation 5 to determine a case or an application for leave;
“a party” means either the applicant or the respondent;
“parties” means the applicant and the respondent;
“the POCA list” means the list kept under section 1 of the 1999 Act;
“the PO VA list” means the list kept under section 81 of the 2000 Act;
“records” means the records of the Tribunal;
“registration authority” means —
in relation to an appeal under section 21 of the 2000 Act, the Commission or the Assembly ; and
in relation to an appeal under section 79M of the 1989 Act, the Chief Inspector or the Assembly ;
“relevant programme” means a programme included in a programme service within the meaning of the Broadcasting Act 1990 ;
“relevant social work” has the same meaning as in section 55(4) of the 2000 Act;
“the respondent” means —
in relation to an appeal under section 21 of the 2000 Act, the registration authority;
in relation to an appeal under section 79M of the 1989 Act, the registration authority;
in relation to an appeal under section 65A of the 1989 Act , the appropriate authority ;
in relation to an appeal, an application for leave or a determination under section 4 of the 1999 Act, the Secretary of State for Health;
in relation to an appeal under the Education Regulations, the Secretary of State for Education and Skills or the National Assembly for Wales ;
in relation to an appeal, an application for leave or a determination under section 86 of the 2000 Act, the Secretary of State for Health;
“residential family centre” has the same meaning as in section 4(2) of the 2000 Act;
“school” has the same meaning as in section 4 of the Education Act 1996;
“the Secretary” means the person for the time being acting as the Secretary to the Tribunal;
“vulnerable adult” means a person who is not a child and who —
suffers from mental disorder within the meaning of the Mental Health Act 1983 , or otherwise has a significant impairment of intelligence and social functioning; or
has a physical disability or is suffering from a physical disorder;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
3
In these Regulations, a reference —
a
to a numbered regulation is to the regulation in these Regulations bearing that number;
b
in a regulation to a numbered paragraph is to the paragraph of that regulation bearing that number;
c
to a numbered Schedule, is to a Schedule in these Regulations bearing that number;
d
in a paragraph to a numbered or lettered sub-paragraph is to the sub-paragraph of that paragraph bearing that number or letter.
PART II
CONSTITUTION
Powers and functions exercisable by the President and Secretary
2
1
Anything which must or may be done by the President (except under regulation 5(1), (2), (4) or (5) or 25(4)), may be done by a member of the chairmen’s panel authorised by the President .
2
Anything which must or may be done by the Secretary may be done by a member of the Tribunal’s staff authorised by the Secretary.
Requirements for membership of lay panel
3
1
A person may be appointed a member of the lay panel if he satisfies the requirements of —
a
paragraph (2);
b
paragraphs (3) and (4); or
c
paragraph (5).
2
The requirements of this paragraph are —
a
experience in the provision of services —
i
which must or may be provided by local authorities under the 1989 Act or which are similar to such services;
ii
for vulnerable adults; or
iii
in a residential family centre; and
b
experience in relevant social work.
3
The requirements of this paragraph are —
a
experience in the provision of services by a Health Authority , a Special Health Authority , a National Health Service trust or a Primary Care Trust ;
b
experience in the provision of education in a school or in an institution within the further education sector; or
c
experience of being employed by a local education authority in connection with the exercise of its functions under Part I of the Education Act 1996.
4
The requirements of this paragraph are —
a
experience in the conduct of disciplinary investigations;
b
experience as a member of an Area Child Protection Committee, or similar experience;
c
experience of taking part in child protection conferences or in child protection review conferences, or similar experience; or
d
experience in negotiating the conditions of service of employees.
5
The requirements of this paragraph are —
a
experience in carrying out inspections under Part II of the 2000 Act;
b
experience in carrying out inspections under the Registered Homes Act 1984 ;
c
experience in carrying out inspections under the 1989 Act;
d
experience in managing an establishment or agency under Part II of the 2000 Act;
e
experience in managing a children’s home under the 1989 Act;
f
experience in managing a nursing home, mental nursing home or residential care home under the Registered Homes Act 1984;
g
experience in managing the provision of local authority social services;
h
that the person is a registered nurse or registered medical practitioner who has experience of the provision of health care services;
i
experience in managing or inspecting child minding and day care provision for children under 8 years of age; or
j
experience in a professional, managerial or supervisory position in the provision of early childhood education or child development.
PART III
APPEALS, DETERMINATIONS AND APPLICATIONS FOR LEAVE
Procedure for appeals, determinations and applications for leave
4
1
In the case of an appeal under section 21 of the 2000 Act, the procedure set out in Schedule 1 shall apply.
2
In the case of an appeal under section 79M of the 1989 Act, the procedure set out in Schedule 2 shall apply.
3
In the case of an appeal under section 65A of the 1989 Act, the procedure set out in Schedule 3 shall apply.
4
In the case of —
a
an application for leave under section 4(1)(b) or (2) of the 1999 Act;
b
an appeal under section 4(1)(a) of the 1999 Act against a decision to include an individual in the POCA list;
c
an appeal under section 4(1)(b) of the 1999 Act against a decision not to remove an individual from the POCA list under section 1(3) of that Act;
d
a determination under section 4(2) of the 1999 Act as to whether an individual should be included in the POCA list;
e
an appeal under regulation 13 of the Education Regulations against a decision to give a direction under regulation 5 of those Regulations; or
f
an appeal under regulation 13 of the Education Regulations against a decision not to revoke or vary such a direction,
the procedure set out in Schedule 4 shall apply.
5
In the case of —
a
an application for leave to the Tribunal under section 86(1)(b) or (2) of the 2000 Act;
b
an appeal under section 86(1)(a) of the 2000 Act against a decision to include an individual in the POVA list;
c
an appeal under section 86(1)(b) of the 2000 Act against a decision not to remove an individual from the POVA list; or
d
a determination under section 86(2) of the 2000 Act as to whether an individual should be included in the POVA list,
the procedure set out in Schedule 5 shall apply.
PART IV
CASE MANAGEMENT
Appointment of Tribunal
5
1
The President shall, at such time as he considers it appropriate to do so, nominate a chairman (who may be himself) and two members of the lay panel to determine the case.
2
The President shall, at such time as he considers it appropriate to do so, nominate a chairman (who may be himself) to determine an application for leave.
3
The President or the nominated chairman may determine any application made in relation to the case or any application for leave.
4
The President may at any time before the hearing (or, if the case is to be determined without an oral hearing, before the case is determined) nominate from the appropriate panel another person in substitution for the chairman or other member previously nominated.
5
The President shall nominate members of the lay panel who appear to him to have experience and qualifications relevant to the subject matter of the case.
Directions
6
1
If either party has requested that there shall be a preliminary hearing, or if the President or the nominated chairman considers that a preliminary hearing is necessary, the President or the nominated chairman, as the case may be, shall fix a date for the preliminary hearing, as soon as possible after the expiry of the 5 working days referred to in paragraph 6 of Schedule 1, 2 or 3 or paragraph 9 of Schedule 4 or 5, as the case may be.
2
At the preliminary hearing, or if a preliminary hearing is not to be held, as soon as possible after, and in any event not later than 10 working days after, the expiry of the 5 working days referred to in paragraph (1) the President or the nominated chairman —
a
shall give directions as to the dates by which any document, witness statement or other material upon which any party is intending to rely shall be sent to the Tribunal, and, if the President or the nominated chairman considers it appropriate, to the other party;
b
may give any other direction in exercise of his powers under this Part which he considers appropriate; and
c
shall, where the applicant has requested that the case be determined without an oral hearing, give a direction as to the date, which shall be not less than 10 working days after the last date on which he has directed that any document, witness statement or other evidence be sent to the Tribunal, by which the parties shall send any written representations regarding their appeal to the Tribunal.
3
The President or the nominated chairman may direct that exchange of witness statements or other material shall be simultaneous or sequential, as he considers appropriate.
4
The Secretary shall notify the parties as soon as possible in writing of any directions the President or the nominated chairman gives in writing under paragraphs (2) and (3) above.
5
The Secretary shall notify the parties as soon as possible, and in any event not less than 5 working days before the hearing of the date, time and place of any preliminary hearing.
6
The parties may be represented or assisted at any preliminary hearing by any person.
Fixing and notification of hearing
7
1
The Secretary must, in consultation with the President or the nominated chairman, fix a date for the hearing of the case unless the applicant has requested in writing that the case be determined without a hearing.
2
The date fixed for the hearing shall be the earliest practicable date having regard to any directions which have been made by the President or the nominated chairman with regard to the preparation of evidence but shall be no sooner than 15 working days after the latest date on which the President or the nominated chairman has directed that the evidence of the parties (including the statements of any witnesses or experts) shall be filed or exchanged.
3
The Secretary must inform the parties in writing of the date, time and place of the hearing no less than 20 working days before the date fixed for the hearing.
4
The Secretary may, in consultation with the President or the nominated chairman, alter the place of the hearing and, if he does, he must without delay inform the parties in writing of the alteration.
5
Subject to paragraph (6), the President or the nominated chairman may adjourn the hearing, either on the application of either party or on his own initiative.
6
The President or the nominated chairman shall not adjourn the hearing unless satisfied that refusing the adjournment would prevent the just disposal of the case.
7
If the President or the nominated chairman adjourns the hearing, then the Secretary must, without delay, inform the parties in writing of the date, time and place at which the hearing will be resumed.
Multiple appeals
8
1
Subject to paragraphs (2) and (3), where two or more cases relate to the same person, establishment or agency, the President or the nominated chairman may, on the application of either party or on his own initiative, direct that such cases shall be heard together if he considers it appropriate to do so.
2
Where a person (“the applicant”) has by virtue of section 92(1) and (2) of the 2000 Act been included in the POVA list pursuant to a reference under section 2, 2A, or 2D of the 1999 Act or as a result of being named in a relevant inquiry within the meaning of section 2B of that Act, then subject to paragraph (4) any appeal against inclusion in the POVA list shall be joined with any appeal against inclusion in the POCA list and in that event the appeal against inclusion in the POCA list shall be heard first.
3
Where a person (“the applicant”) has by virtue of section 2C of the 1999 Act been included in the POCA list pursuant to a reference made under section 82, 83 or 84 of the 2000 Act or as a result of being named in a relevant inquiry within the meaning of section 85 of that Act, then subject to paragraph (4) any appeal against inclusion in the POCA list shall be joined with any appeal against inclusion in the POVA list and in that event the appeal against inclusion in the POVA list shall be heard first.
4
The applicant may request the President or the nominated chairman in writing to give a direction that the appeals referred to in paragraph (2) or (3) shall be heard separately.
5
Before making any direction under paragraph (1) the President or the nominated chairman shall —
a
where the direction which he proposes to give is at the request of either party, give the other party the opportunity to make written representations; or
b
where the direction which he proposes to give is on his own initiative, give both parties the opportunity to make written representations.
6
In considering whether to give a direction under paragraph (1), the President or the nominated chairman shall take into account the following matters —
a
any written representations made by either party;
b
the increased cost of hearing the cases together or separately; and
c
any unreasonable delay in hearing any case which would be caused by hearing the appeals together or separately.
7
In considering whether to give a direction under paragraph (4) the President or the nominated chairman shall take into account the following matters —
a
any representations from the applicant which show he would be significantly disadvantaged if the appeals were to be heard together;
b
the increased cost of hearing the appeals together or separately; and
c
any unreasonable delay in hearing either appeal which would be caused by hearing the appeals together or separately,
and shall give a direction that the appeals be heard separately where he is satisfied that it would be unfair in all the circumstances to hear the appeals together.
Further directions
9
1
The President or the nominated chairman may at any time on the application of either party or on his own initiative, vary any direction which he has given or give any further direction in exercise of any of his powers under this Part as he considers appropriate.
2
Before making any further direction, or varying any direction under paragraph (1) —
a
the President or the nominated chairman shall, where the variation or further direction which he proposes to give —
i
is at the request of either party, give the other party the opportunity to make written representations; or
ii
is on his own initiative, give both parties the opportunity to make written representations;
b
the President or the nominated chairman may direct that there shall be a preliminary hearing in relation to any proposed variation or further direction if he considers it appropriate or if a preliminary hearing has been requested by either party.
Unless orders
10
1
The President or the nominated chairman may at any time make an order to the effect that, unless the party to whom the order is addressed takes a step specified in the order within the period specified in the order, the case may be determined in favour of the other party.
2
The Secretary shall give written notification of the order to the party to whom it is addressed and to the other party and shall inform him of the effect of paragraph (3).
3
If a party fails to comply with an order addressed to him under this regulation, the President or the nominated chairman may determine the case in favour of the other party.
Copies of documents
11
1
The President or the nominated chairman may give a direction as to the number of copies of relevant material, which each party must send to the Tribunal and relevant material means, all documents, witness statements and other material on which the parties intend to rely or which they have been ordered by the President or the nominated chairman to send to the Secretary under this Part.
2
The President or the nominated chairman may, if he considers it appropriate to do so, direct the form and order in which relevant material shall be supplied to the Tribunal.
Disclosure of information and documents
12
1
Subject to paragraphs (3) to (5), the President or the nominated chairman may give directions —
a
requiring a party to send to the Secretary any document or other material which he considers may assist the Tribunal in determining the case and which that party is able to send, and the Secretary shall take such steps as the President or the nominated chairman may direct, to supply copies of any information or document obtained under this paragraph to the other party;
b
granting to a party the right to inspect and take copies of any document or other material which it is in the power of the other party to disclose, and appointing the date, time and place at which any such inspection and copying is to be done.
2
Subject to paragraphs (3) to (5), the President or the nominated chairman may give a direction on the application of either party, requiring a person who is not a party to the proceedings to disclose any document or other material to the party making the application, if he is satisfied that —
a
the documents or other material sought are likely to support the applicant’s case or adversely affect the case of the other party;
b
it is within the power of the person subject to the direction to disclose any document or other material; and
c
disclosure is necessary for the fair determination of the case.
3
It shall be a condition of the supply of any document or material under paragraph (1) or (2) that a party shall use it only for the purpose of the proceedings.
4
Paragraphs (1) and (2) do not apply in relation to any document or material which the party could not be compelled to produce in legal proceedings in a county court.
5
Before making a direction under paragraph (1) or (2), the President or the nominated chairman shall take into account the need to protect any matter which relates to intimate personal or financial circumstances, is commercially sensitive, or was communicated or obtained in confidence.
Expert evidence
13
1
The President or the nominated chairman may, if he thinks that any question arises in relation to the case on which it would be desirable for the Tribunal to have the assistance of an expert, appoint a person having appropriate qualifications to enquire into and report on the matter.
2
The Secretary must supply the parties with a copy of any written report received under paragraph (1) in advance of the hearing (or, if the case is to be determined without an oral hearing, before the case is determined).
3
If the President or the nominated chairman sees fit, he may direct that the expert shall attend the hearing, and give evidence.
4
The Tribunal shall pay such reasonable fees as the President or the nominated chairman may determine to any person appointed under this regulation.
Evidence of witnesses
14
1
The President or the nominated chairman may direct that the parties send to each other by the date specified in the direction a copy of a witness statement in respect of each witness on whose evidence he wishes to rely.
2
A witness statement must contain the words “I believe that the facts stated in this witness statement are true”, and be signed by the person who makes it.
3
The President or the nominated chairman (before the hearing or, if the case is to be determined without an oral hearing, before the case is determined) or the Tribunal may direct that a document or the evidence of any witness other than the applicant shall be excluded from consideration because —
a
it would be unfair in all the circumstances to consider it;
b
the party wishing to rely on the document or evidence has failed to submit the document, or witness statement containing it, in compliance with any direction; or
c
it would not assist the Tribunal in determining the case.
4
Instead of excluding evidence under this regulation the President or the nominated chairman or the Tribunal may permit it to be considered on such terms as he or it thinks fit, including, subject to regulation 24, the making of a costs order.
5
The President or the nominated chairman may direct that a witness (other than the applicant) shall not give oral evidence.
Withholding medical report from disclosure in exceptional circumstances
15
1
This regulation applies where the respondent wishes the Tribunal, in determining the case, to consider a medical report and the President or the nominated chairman is satisfied —
a
that disclosure to the applicant of all or any part of the contents of the report would be so harmful to his health or welfare that it would be wrong to disclose it to him; and
b
that in all the circumstances it would not be unfair if the report or that part of it is considered by the Tribunal.
2
The President or the nominated chairman may appoint a person having appropriate skills or experience to —
a
assess whether disclosure of the report to the applicant would be harmful to the applicant’s health or welfare; and
b
report on the matter to the President or the nominated chairman.
3
The President or the nominated chairman may direct that —
a
the report may be considered by the Tribunal; and
b
all or any part of its contents must not be disclosed to the applicant.
Summoning of witnesses
16
1
The President or the nominated chairman may, on the application of either party or on his own initiative, issue a summons requiring any person —
a
to attend as a witness at the hearing, at the date, time and place set out in the summons; and
b
to answer any questions or produce any documents or other material in his possession or under his control which relate to any matter in question in the case.
2
The summons must —
a
explain that it is an offence under section 9(5)(c) of the 1999 Act to fail, without reasonable excuse, to comply with it; and
b
explain the right to apply under this regulation to have it varied or set aside.
3
A person summoned under this regulation may apply in writing to the Secretary for the summons to be varied or set aside by the President or the nominated chairman, and —
a
the President or the nominated chairman may do so if he sees fit; and
b
the Secretary must notify him and the parties in writing of the decision.
4
No person shall be required to attend, answer questions or produce any document in obedience to a summons issued under this regulation unless —
a
he has been given at least 5 working days' notice of the hearing; and
b
the necessary expenses of his attendance are paid or tendered to him by the party who requested his attendance or by the Tribunal, as the President or the nominated chairman shall direct.
5
No person shall be required under this regulation to give any evidence or produce any document or other material that he could not be required to produce in legal proceedings in a county court.
Child and vulnerable adult witnesses
17
1
A child shall only give evidence in person where —
a
the President or the nominated chairman has given the parties an opportunity to make written representations before the hearing or representations at the hearing; and
b
having regard to all the available evidence, and the representations of the parties, the President or the nominated chairman considers that the welfare of the child will not be prejudiced by so doing.
2
If he directs that a child shall give evidence in person, the President or the nominated chairman shall —
a
secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the child; and
b
appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by children.
3
Where the President or the nominated chairman believes that it might not be in the best interests of a vulnerable adult for the vulnerable adult to give oral evidence to the Tribunal, the President or the nominated chairman shall —
a
give the parties the opportunity to make written representations before the hearing or representations at the hearing; and
b
having regard to all the available evidence, including any written representations made by the parties consider whether it would prejudice the vulnerable adult’s welfare to give oral evidence to the Tribunal —
i
in any circumstances; or
ii
otherwise than in accordance with paragraph (5).
4
If the President or the nominated chairman considers that —
a
it would prejudice the vulnerable adult’s welfare to give oral evidence to the Tribunal in any circumstances, he shall direct that the vulnerable adult shall not do so; or
b
it would prejudice the vulnerable adult’s welfare to give oral evidence to the Tribunal otherwise than in accordance with paragraph (5) he shall direct that paragraph (5) shall apply in relation to the vulnerable adult.
5
If he directs that this paragraph shall apply in relation to the vulnerable adult, the President or the nominated chairman shall —
a
secure that any arrangements he considers appropriate (such as the use of a video link) are made to safeguard the welfare of the vulnerable adult; and
b
appoint for the purpose of the hearing a person with appropriate skills or experience in facilitating the giving of evidence by vulnerable adults.
6
The President or the nominated chairman shall pay such fees as he may determine to any person appointed under this regulation.
Restricted reporting orders
18
1
If it appears appropriate to do so, the President or the nominated chairman (or, at the hearing, the Tribunal) may make a restricted reporting order.
2
A restricted reporting order is an order prohibiting the publication (including by electronic means) in a written publication available to the public, or the inclusion in a relevant programme for reception in England and Wales, of any matter likely to lead members of the public to identify the applicant, any child, any vulnerable adult or any other person who the President or the nominated chairman or the Tribunal considers should not be identified.
3
An order that may be made under this regulation may be made in respect of a limited period and may be varied or revoked by the President or the nominated chairman before the hearing (or by the Tribunal at the hearing).
Exclusion of press and public
19
1
Where paragraph (2) applies, the President or the nominated chairman (or, at the hearing, the Tribunal) may on his (or its) own initiative, or on a written request by either party that the hearing or any part of it should be conducted in private, direct that —
a
any member of the public specified in the direction;
b
members of the public generally; or
c
members of the press and members of the public,
be excluded from all or part of the hearing.
2
This paragraph applies where the President or the nominated chairman (or, at the hearing, the Tribunal) is satisfied that a direction under paragraph (1) is necessary in order to —
a
safeguard the welfare of any child or vulnerable adult;
b
protect a person’s private life; or
c
avoid the risk of injustice in any legal proceedings.
PART V
HEARING
Procedure at the hearing
20
1
The Tribunal may regulate its own procedure.
2
At the beginning of the hearing the chairman must explain the order of proceedings which the Tribunal proposes to adopt.
3
The parties may be represented or assisted at the hearing by any person.
4
If either party fails to attend or be represented at the hearing, the Tribunal may hear and determine the case in that party’s absence.
Hearing to be in public
21
1
The hearing must be in public except in so far as any person is excluded under regulation 19.
2
Whether or not the hearing is held in public —
a
a member of the Council on Tribunals;
b
the President;
c
the clerk; and
d
any person whom the President or the nominated chairman permits to be present in order to assist the Tribunal,
are entitled to attend the hearing.
3
Whether or not the hearing is held in public —
a
a member of the Council on Tribunals; and
b
the President,
may remain present during the Tribunal’s deliberations, but must not take part in the deliberations.
Evidence
22
1
The Tribunal may consider any evidence, whether or not such evidence would be admissible in a court of law.
2
The applicant has the right to give evidence at the hearing in person, and any other witness may do so unless the President or the nominated chairman has directed otherwise.
3
No child may be asked any question except by the Tribunal or a person appointed under regulation 17(2).
4
Where a direction has been made under regulation 17 that paragraph (5) of that regulation shall apply to any vulnerable adult, the vulnerable adult may not be asked any question except by the Tribunal or a person appointed under regulation 17(5).
5
The Tribunal may require any witness to give evidence on oath or affirmation which may be administered for the purpose by the chairman or the clerk.
PART VI
DECISION
The decision
23
1
The Tribunal’s decision may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
2
The decision may be made and announced at the end of the hearing or reserved, and in any event, whether there has been a hearing or not, the decision must be recorded without delay in a document signed and dated by the chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairman’s panel, by another member of the Tribunal).
3
The document mentioned in paragraph (2) must also state —
a
the reasons for the decision; and
b
what, if any, order the Tribunal has made as a result of its decision.
4
The Secretary must, as soon as reasonably possible, send to each party a copy of the document mentioned in paragraph (2) and a notice explaining to the parties any right of appeal which they may have against the Tribunal’s decision and the right to apply for a review of the Tribunal’s decision.
5
Where the appeal was against an order made by a justice of the peace under section 20 of the 2000 Act or section 79K of the 1989 Act , the Secretary must, as soon as reasonably practicable, send a copy of the document mentioned in paragraph (2) to the justice of the peace who made the order.
6
Except where a decision is announced at the end of the hearing, the decision shall be treated as having been made on the day on which a copy of the document mentioned in paragraph (2) is sent to the applicant.
7
The decision shall be entered in the records.
Costs
24
1
Subject to regulation 31 and to paragraph (2) below, if in the opinion of the Tribunal a party has acted unreasonably in bringing or conducting the proceedings, it may make an order (a “costs order”) requiring that party (“the paying party”) to make a payment to the other party (“the receiving party”) to cover costs incurred by the receiving party.
2
Before making a costs order against a party, the Tribunal must —
a
invite the receiving party to provide to the Tribunal a schedule of costs incurred by him in respect of the proceedings; and
b
invite representations from the paying party and consider any representations he makes, consider whether he is able to comply with such an order and consider any relevant written information which he has provided.
3
When making a costs order, the Tribunal must —
a
order the payment of any sum which the parties have agreed should be paid;
b
order the payment of any sum which it considers appropriate having considered any representations the parties may make; or
c
order the payment of the whole or part of the costs incurred by the receiving party in connection with the proceedings as assessed.
4
Any costs required by an order under this regulation to be assessed may be assessed in a county court according to such rules applicable to proceedings in a county court as shall be directed in the order.
5
A costs order may, by leave of a county court, be enforced in the same manner as a judgment or order of that court to the same effect.
Review of the Tribunal’s decision
25
1
A party may apply to the President for the Tribunal’s decision to be reviewed on the grounds that —
a
it was wrongly made as a result of an error on the part of the Tribunal staff;
b
a party, who was entitled to be heard at a hearing but failed to appear or to be represented, had good and sufficient reason for failing to appear; or
c
there was an obvious error in the decision.
2
An application under this regulation must —
a
be made not later than ten working days after the date on which the decision was sent to the party applying for the Tribunal’s decision to be reviewed; and
b
must be in writing stating the grounds in full.
3
An application under this regulation may be refused by the President, or by the chairman of the Tribunal which decided the case, if in his opinion it has no reasonable prospect of success.
4
Unless an application under this regulation is refused under paragraph (3), it shall be determined, after the parties have had an opportunity to be heard, by the Tribunal which decided the case or, where that is not practicable, by another Tribunal appointed by the President.
5
The Tribunal may on its own initiative propose to review its decision on any of the grounds referred to in paragraph (1) above, in which case —
a
the Secretary shall serve notice on the parties not later than ten working days after the date on which the decision was sent to them; and
b
the parties shall have an opportunity to be heard.
6
If, on the application of a party or on its own initiative the Tribunal is satisfied as to any of the grounds referred to in paragraph (1) —
a
it shall order that the whole or a specified part of the decision be reviewed; and
b
it may give directions to be complied with before or after the hearing of the review.
7
The power to give directions under paragraph (6) includes a power to give a direction requiring a party to provide such particulars, evidence or statements as may reasonably be required for the determination of the review.
Powers of Tribunal on review
26
1
The Tribunal may, having reviewed all or part of a decision —
a
set aside or vary the decision by certificate signed by the chairman (or if as a result of his death or incapacity he is unable to sign, or if he ceases to be a member of the chairmen’s panel, by another member of the Tribunal); and
b
substitute such other decision as it thinks fit or order a rehearing before the same or a differently constituted Tribunal.
2
If any decision is set aside or varied (whether as a result of a review or by order of the High Court), the Secretary shall alter the relevant entry in the records to conform to the chairman’s certificate or the order of the High Court and shall notify the parties accordingly.
3
Any decision of the Tribunal under this regulation may be taken by a majority and the decision shall record whether it was unanimous or taken by a majority.
Publication
27
1
The President must make such arrangements as he considers appropriate for the publication of Tribunal decisions.
2
Decisions may be published electronically.
3
The decision may be published in an edited form, or subject to any deletions, if the President or the nominated chairman considers it appears appropriate bearing in mind —
a
the need to safeguard the welfare of any child or vulnerable adult;
b
the need to protect the private life of any person;
c
any representations on the matter which either party has provided in writing;
d
the effect of any subsisting restricted reporting order; and
e
the effect of any direction under regulation 15.
PART VII
SUPPLEMENTARY
Method of sending documents
28
1
Any document may be sent to the Secretary by post, by fax, electronically or through a document exchange, unless the President or the nominated chairman directs otherwise.
2
Any notice or document which these Regulations authorise or require the Secretary to send to a party shall be sent —
a
by first-class post to the address given for the purpose by that party in accordance with these Regulations;
b
by fax or electronically to a number or address given by that party for the purpose; or
c
where the party has given for the purpose an address which includes a numbered box number at a document exchange, by leaving the notice or document addressed to that numbered box at that document exchange or at a document exchange which transmits documents on every working day to that exchange.
3
If a notice or document cannot be sent to a party in accordance with paragraph (2), the President or the nominated chairman may dispense with service of it or direct that it be served on that party in such manner as he thinks appropriate.
4
Any notice or document sent by the Secretary to a party in accordance with these Regulations shall be taken to have been received —
a
if sent by post and not returned, on the second working day after it was posted;
b
if sent by fax or electronically, unless the Secretary has been notified that the transmission has been unsuccessful, on the next working day after it was sent;
c
if left at a document exchange in accordance with paragraph (2), on the second working day after it was left; and
d
if served in accordance with a direction under paragraph (3), on the next working day after it was so served.
Irregularities
29
1
An irregularity resulting from failure to comply with any provision of these Regulations or any direction given in accordance with them before the Tribunal has reached its decision shall not of itself render the proceedings void.
2
Where any irregularity comes to the attention of the President or the nominated chairman (before the hearing) or the Tribunal he or it may and, if it appears that any person may have been prejudiced by the irregularity, shall, before reaching a decision, give such directions as he or it thinks just to cure or waive the irregularity.
3
Clerical mistakes in any document recording the decision of the Tribunal or a direction or decision of the President or the nominated chairman, or errors arising in such documents from accidental slips or omissions, may at any time be corrected by the chairman or, as the case may be, the President, or nominated chairman by means of a certificate signed by him.
4
The Secretary shall as soon as practicable where a document is corrected in accordance with paragraph (3) send the parties a copy of any corrected document together with reasons for the decision to correct the document.
Application on behalf of person under a disability
30
1
A person may, by writing to the Secretary, request authorisation by the President or the nominated chairman to make any application to the Tribunal on behalf of any person who is prevented by mental or physical infirmity from acting on his own behalf.
2
A person acting in accordance with an authorisation under this regulation may on behalf of the other person take any step or do anything which that person is required or permitted to do under these Regulations, subject to any conditions which the President or the nominated chairman may impose.
Death of applicant
31
If the applicant dies, before the case or application for leave is determined, the President or the nominated chairman may —
a
strike out the case or application for leave in so far as it relates to that individual without making a costs order;
b
appoint such person as he thinks fit to proceed with the appeal in the place of the deceased applicant.
Amendment of appeal, application for leave or response
32
1
The applicant may amend the reasons he gives in support of the case or application for leave as the case may be, but only with the leave of the President or the nominated chairman (or at the hearing, with the leave of the Tribunal).
2
The respondent may amend the reasons he gives for opposing the applicant’s case or application for leave, as the case may be, but only with the leave of the President or the nominated chairman (or at the hearing, with the leave of the Tribunal).
3
Where the President, the nominated chairman or Tribunal gives leave to either party to amend the reasons given in support of his case, he may do so on such terms as he thinks fit (including, subject to regulation 24, the making of a costs order).
Withdrawal of proceedings or opposition to proceedings
33
1
If the applicant at any time notifies the Secretary in writing, or states at a hearing, that he no longer wishes to pursue the proceedings, the President or the nominated chairman (or at the hearing, the Tribunal) must dismiss the proceedings, and may, subject to regulation 24(2) and (3) make a costs order.
2
If the respondent notifies the Secretary in writing, or states at a hearing, that he does not oppose or no longer opposes the proceedings, the President (or at the hearing, the Tribunal) —
a
must without delay determine the case or, as the case may be, the application for leave in the applicant’s favour;
b
subject to regulation 24(2) and (3) may make a costs order; and
c
must consider making one.
Proof of documents and certification of decisions
34
1
A document purporting to be issued by the Secretary shall be taken to have been so issued, unless the contrary is proved.
2
A document purporting to be certified by the Secretary to be a true copy of a document containing —
a
a decision of the Tribunal; or
b
an order of the President or the nominated chairman or of the Tribunal,
shall be sufficient evidence of the matters contained in it, unless the contrary is proved.
Time
35
1
The President or the nominated chairman may extend any time limit mentioned in these Regulations if in the circumstances —
a
it would be unreasonable to expect it to be, or to have been, complied with; and
b
it would be unfair not to extend it.
2
Where the time prescribed by these Regulations, or specified in any direction given by the President or the nominated chairman, for taking any step expires on a day which is not a working day, the step must be treated as having been done in time if it is done on the next working day.
3
This regulation does not apply to the time limits provided for initiating an appeal in paragraph 1 of Schedule 1 and paragraph 1 of Schedule 2.
PART VIII
MISCELLANEOUS
Revocation
36
1
The Protection of Children Act Tribunal Regulations 2000 (“the 2000 Regulations ”) are hereby revoked.
2
Any application or appeal which —
a
was made to the Tribunal under the 2000 Regulations before 1st April 2002; and
b
the Tribunal has not determined before that date,
shall for the purposes of these Regulations be treated as having been made to the Tribunal under these Regulations.
3
Any direction or notice given, or thing done, by the Tribunal before 1st April 2002 shall for the purposes of these Regulations be treated as having been given or done by the Tribunal under these Regulations.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
25th March 2002


text:
1
This Order may be cited as the A17 Trunk Road (Newark-on-Trent to Kings Lynn) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A17 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/406, marked “The A17 Trunk Road (Newark-on-Trent to Kings Lynn) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (France Telecom Network Services — UK Ltd) Order 2002 and shall come into force on 26th March 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
18th February 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Harborough (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Harborough;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of Harborough (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Harborough District Council.
Wards of the district of Harborough
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-five wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Broughton Astley
4
1
The existing wards of the parish of Broughton Astley shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Lutterworth
5
1
The existing wards of the parish of Lutterworth shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be four.
Maps
6
Harborough District Council shall make a print of the map marked “Map referred to in the District of Harborough (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
7
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The District of Harborough (Electoral Arrangements) Order 1979 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
1
1
These Regulations may be cited as The Dual-Use Items (Export Control) (Amendment) Regulations 2002 and shall come into force on 5th February 2002.
2
In this Regulation the “principal Regulations” are the Dual-Use Items (Export Control) Regulations 2000 .
2
Regulation 2(1) of the principal Regulations providing for the definition of “the Regulation” is amended by deleting “as amended by Council Regulation ( EC ) No. 2889/2000 of 22 December 2000 and Council Regulation (EC) No. 458/2001 of 6 March 2001 ” and substituting the following:
as amended by the Council Regulations listed in Schedule 1A
3
Insert after Schedule 1 to the principal Regulations a new Schedule 1A as follows:
SCHEDULE 1A
Regulation 2
Council Regulation (EC) No. 2889/2000 of 22 December 2000 .
Council Regulation (EC) No. 458/2001 of 6 March 2001 .
Council Regulation (EC) No. 2432/2001 of 20 November 2001 .
4
Schedule 2 of the principal Regulations is amended by deleting entries IC950 and IE950.
Nigel Griffiths
Parliamentary Under Secretary of State for Competition and Consumer Affairs,
Department of Trade and Industry
14th January 2002


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


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2002 and shall come into force on 8th April 2002.
Increase of earnings limits in respect of dependent children
2
In paragraph 4 of Schedule 7 to the Social Security Contributions and Benefits Act 1992, in paragraphs (a) and (b) of sub-paragraph (4), for the amount of £150 there shall be substituted the amount of £155.
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


text:
Title, commencement, extent and interpretation
1
1
These Regulations may be cited as the Sweeteners in Food (Amendment) (England) Regulations 2002, shall come into force on 15th March 2002 and shall extend to England only.
2
In these Regulations “the principal Regulations ” means the Sweeteners in Food Regulations 1995 .
Amendment of the Sweeteners in Food Regulations 1995
2
The principal Regulations shall be amended, in so far as they extend to England, in accordance with regulations 3 and 4.
3
In paragraph (1) of regulation 2 (interpretation) —
a
in the definition of “Directive 95/31/ EC ” there shall be added at the end the expression “and by Directive 2001/52/EC ” ; and
b
for the definition of “permitted sweetener” there shall be substituted the following definition —
“permitted sweetener” means any sweetener specified in column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener set out —
in the case of any sweetener other than sucralose, in the Annex to Directive 95/31/EC ; and
in the case of sucralose, at pages 119 to 124 of the Food and Agriculture Organisation’s Compendium of Food Additives Specifications Addendum 2 (1993) FAO Food and Nutrition Paper 52 Addendum 2;
.
4
In Schedule 1 (permitted sweeteners and the foods in or on which they may be used) there shall be added at the end, in columns 2 to 4, the provisions specified in the Schedule to these Regulations.
Consequential amendments
5
1
Paragraph (2) of regulation 4 (consequential amendments) of the Sweeteners in Food (Amendment) (England) Regulations 2001 shall cease to have effect.
2
In the provisions specified in paragraph (3), insofar as they extend to England, references to the principal Regulations shall be construed as references to those Regulations as amended up to and including the amendments effected by these Regulations:
3
The provisions are —
a
the definition of “permitted sweetener” in paragraph (1) of regulation 2 (interpretation) of the Jam and Similar Products Regulations 1981 ;
b
the definition of “additive” in paragraph (1) of regulation 2 (interpretation) of the Meat Products and Spreadable Fish Products Regulations 1984 ;
c
the definition of “sweetener” in Part II of Schedule 1 (categories of food additives) to the Food Additives Labelling Regulations 1992 ;
d
the definition of “sweetener” in paragraph (1) of regulation 2 (interpretation) of the Miscellaneous Food Additives Regulations 1995 ; and
e
in the Food Labelling Regulations 1996 —
i
paragraph (1) of regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols); and
ii
in Schedule 8 (misleading descriptions) Part I (general), the condition in column 2 opposite the description “ice cream” in column 1.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
21st February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton East Healthcare Primary Care Trust (Establishment) (Amendment) Order 2002 and shall come into force on 8th March 2002.
2
In this Order “ the Order ” means the Southampton East Healthcare Primary Care Trust (Establishment) Order 2000 ; and
“ the trust ” means the trust established by the Order.
Amendment of the Primary Care Trust Establishment Order
2
1
In the Schedule of the Order shall be amended in accordance with the following paragraphs.
2
For the Schedule there shall be substituted the following Schedule —
SCHEDULE
AREA OF TRUST
Article 3
In the city of Southampton —
the electoral wards of Bargate, Bassett, Bitterne, Bitterne Park, Coxford, Freemantle, Harefield, Millbrook, Peartree, Portswood, Redbridge, St. Luke's, Shirley, Sholing, Woolston.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
26th February 2002


text:
Citation and commencement
1
These Regulations may be cited as the Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002 and shall come into force on 23rd November 2002.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Merchant Shipping Act 1995;
“Certifying Authority” means the MCA or such other organisation as may be specified from time to time in the Code of Practice as a Certifying Authority;
“Code of Practice” means the “Code of Safe Working Practice for the Construction and Use of 15 metre ( LOA ) to less than 24 metres (L) Fishing Vessels” set out in Merchant Shipping Notice MSN 1770, and includes any document amending it which the Secretary of State considers relevant from time to time for all or any of the purposes in section 85(1) of the Act and specifies accordingly in a Merchant Shipping Notice;
“categorised waters” means waters categorised as Category A, B, C or D in Merchant Shipping Notice MSN 1758(M), or in any subsequent Merchant Shipping Notice amending or replacing that Notice which the Secretary of State considers relevant from time to time;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“length overall” means the distance between the foreside of the foremost fixed permanent structure and the afterside of the aftermost fixed permanent structure; and “fixed permanent structure” —
includes any portion of the hull which is capable of being detached, but which is fixed in place during the normal operation of the vessel,
does not include functional arrangements such as safety rails, bowsprits, pulpits, stemhead fittings, rudders, steering gear, outdrives, outboard motors, propulsion machinery, diving platforms, rubbing strips and fenders, other than where such functional arrangements are designed to replace any part of the hull that has been removed;
“MCA” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“Merchant Shipping Notice”, “Marine Guidance Note” and “Marine Information Note” means a notice or note described as such and issued by the MCA;
“owner” means the registered owner of a vessel, unless that vessel has been chartered by demise or is managed, either wholly or in part, by a person other than the registered owner under the terms of a management agreement; in that case, the owner shall be construed as the demise charterer or other person managing the vessel as appropriate;
“registered length” means the measurement which —
is recorded as the registered length in the vessel’s certificate of registry issued under the Merchant Shipping (Registration of Ships) Regulationss 1993 , in the case of a United Kingdom fishing vessel,
is recorded as the registered length in any equivalent certificate issued in the case of a vessel registered outside the United Kingdom, or
would be the registered length if the vessel were a United Kingdom fishing vessel, in the case of an unregistered vessel;
“relevant inspector” means a person mentioned in paragraph (a), (b) or (c) of section 258(1) of the Act;
“United Kingdom fishing vessel” means a fishing vessel which is registered in the United Kingdom; and
“voyage” includes an excursion, and shall be taken to commence when a vessel leaves its berth or anchorage at a port.
2
Subject to paragraph (3), where a provision in the Code of Practice refers to “should”, that word shall be construed as “shall” for the purposes of these Regulations.
3
Where the Code of Practice contains reference to —
a
a specified merchant shipping or fishing vessel statutory instrument other than the Fishing Vessels (Safety Provisions) Rules 1975 ,
b
guidance or a recommendation, or
c
a Merchant Shipping Notice, Marine Guidance Note or Marine Information Note,
that reference shall not be construed for the purposes of these Regulations as imposing a requirement to comply with such statutory instrument, guidance, recommendation, Notice or Note.
Application
3
1
These Regulations (except regulation 10) apply to United Kingdom fishing vessels of at least 15 metres length overall but less than 24 metres registered length.
2
Regulations 10 to 12 apply to any fishing vessel, other than a United Kingdom fishing vessel, of at least 15 metres length overall but less than 24 metres registered length while it is within United Kingdom waters.
Prohibition on proceeding on any voyage unless Code of Practice complied with
4
1
Subject to the following paragraphs and to regulation 5, a vessel shall not proceed on any voyage unless the vessel complies with the requirements of the Code of Practice.
2
Paragraph (1) does not apply where a vessel operates solely within categorised waters and complies with those requirements of the Fishing Vessels (Code of Practice for the Safety of Small Fishing Vessels) Regulations 2001 which would apply if the vessel were of the maximum length overall to which those Regulations apply.
3
Where, in relation to a particular matter, the Code of Practice provides that an existing vessel may or should continue to comply with requirements in the Fishing Vessels (Safety Provisions) Rules 1975, such a vessel shall be treated as complying with the requirements of the Code of Practice provided that it complies with the requirements in those Rules.
4
Paragraph (1) does not apply in relation to the requirements referred to in Chapter 11 of the Code of Practice (Clean Seas).
Equivalent provisions
5
1
Where the Code of Practice requires that a particular fitting, material, appliance or apparatus or type thereof shall be fitted or carried in a vessel, or that any particular provision shall be made, the Secretary of State shall permit any other fitting, material, appliance or apparatus or type thereof to be fitted or carried or any other provision to be made in that vessel, if he is satisfied by trial thereof or otherwise that such other fitting, material, appliance or apparatus or type thereof or provision is at least as effective for the purpose for which the requirement in the Code of Practice is set.
2
For the purposes of the Code of Practice, the results of a verification or test shall be accepted if the verification or test is carried out —
a
in accordance with the Code of Practice or with a Code of Practice, specification or technical description of an EEA State other than the United Kingdom offering equivalent levels of safety, suitability and fitness for the purpose; and
b
by a body or laboratory of an EEA State other than the United Kingdom offering suitable and satisfactory guarantees of technical and professional competence and independence.
Approvals
6
1
Where the Code of Practice requires an approval to be obtained, a Certifying Authority may give that approval.
2
A Certifying Authority may, on giving reasonable notice, cancel or alter the terms of such an approval.
3
An approval given under paragraph (1), and an alteration or cancellation under paragraph (2), shall —
a
be given in writing,
b
specify the date on which it takes effect, and
c
in the case of the giving of an approval, specify the conditions (if any) on which it is given.
Exemptions
7
1
The MCA may grant exemptions from regulation 4(1) so far as it relates to all or any of the requirements in the Code of Practice (as may be specified in the exemption) for individual cases or classes of cases on such terms (if any) as it may specify, if it is satisfied that —
a
compliance with such requirement or requirements is either impracticable or unreasonable in that case or class of case, and
b
the exemption is subject to such conditions and limitations as will provide a level of safety which is at least equivalent to that provided by the requirement or requirements from which exemption is being granted.
2
The MCA may, on giving reasonable notice, alter or cancel any exemption granted under paragraph (1).
3
An exemption granted under paragraph (1), and an alteration or cancellation under paragraph (2) shall —
a
be given in writing,
b
specify the date on which it takes effect, and
c
in the case of the grant of an exemption, specify the terms (if any) on which it is granted.
Penalties
8
1
Subject to paragraph (2), if a vessel proceeds or attempts to proceed on any voyage in contravention of regulation 4(1), then the owner shall be guilty of an offence, punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale.
2
If a vessel proceeds or attempts to proceed on any voyage in contravention of a provision of the Code of Practice which imposes a requirement on the skipper, the skipper (instead of the owner) shall be guilty of an offence, punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale.
3
In relation to a requirement of the Code of Practice, if the owner of a vessel makes a declaration which he knows to be false in a material particular or which is false in a material particular and which he does not believe to be true, he shall be guilty of an offence, punishable only on summary conviction by a maximum fine not exceeding level 5 on the standard scale.
4
It shall be a defence for a person charged under paragraph (1) or (2) to show that he took all reasonable precautions to avoid the commission of the offence.
Inspection and detention of a United Kingdom fishing vessel
9
1
A relevant inspector may inspect any United Kingdom fishing vessel referred to in regulation 3(1), and if he is satisfied that there has been a failure to comply in relation to that vessel with the requirements of regulation 4 of these Regulations, he may detain the vessel until the health and safety of the skipper, crew and any other persons aboard the vessel are secured.
2
The relevant inspector shall not in the exercise of his powers under this regulation detain or delay the vessel unreasonably.
Inspection and detention and other measures in respect of non United Kingdom fishing vessels
10
1
A relevant inspector may inspect any fishing vessel referred to in regulation 3(2) when the vessel is in a United Kingdom port, and if satisfied that the vessel does not conform to the standards required of United Kingdom fishing vessels by these Regulations, and that the conditions on board are clearly hazardous to health and safety, he may —
a
take such measures as are necessary to rectify those conditions, or
b
detain the vessel,
when the vessel has called at the United Kingdom port in the normal course of business.
2
If either of the measures specified in paragraph (1)(a) or (b) is taken, the relevant inspector shall forthwith notify the nearest maritime, consular or diplomatic representative of the state whose flag the vessel is entitled to fly.
3
The relevant inspector shall not in the exercise of his powers under this regulation detain or delay the vessel unreasonably.
Detention
11
Where a fishing vessel is liable to be detained under these Regulations, section 284 of the Act (which relates to the detention of a ship) shall have effect in relation to the vessel, subject to the modification that for the words “this Act”, wherever they appear, there shall be substituted “the Fishing Vessels (Safety of 15–24 Metre Vessels) Regulations 2002 ”.
Compensation
12
Sections 96 and 97 of the Act (arbitration and compensation) shall apply in relation to a detention notice under these Regulations as they apply to a detention notice under section 95(3) of the Act, and in such application, “relevant inspector” means a person making an inspection under these Regulations.
Amendment of other legislation
13
The amendments set out in the Schedule shall have effect.
Transitional provision
14
Nowithstanding the amendments of the Fishing Vessels (Safety Provisions) Rules 1975 set out in the Schedule, a certificate issued pursuant to those Rules shall be treated as equivalent to a certificate issued under the Code of Practice, and any such certificate shall remain valid for such period and subject to such conditions as may be specified in that certificate.
Signed by authority of the Secretary of State for Transport
John F. Spellar
Minister of State,
Department for Transport
21st August 2002


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Counter Fraud and Security Management Service Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the CFSMS ” means the Counter Fraud and Security Management Service established by the Counter Fraud and Security Management Service (Establishment and Constitution) Order 2002 ;
“chairman” means, unless the context otherwise requires, the chairman of the CFSMS;
“health service body” means —
a Strategic Health Authority, Special Health Authority, Primary Care Trust or NHS trust;
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Services Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act; and
the Dental Practice Board constituted under section 37(1) of the Act;
“member” means a member of the CFSMS other than the chairman;
“non-officer member” means a member who is not an officer of the CFSMS;
“primary care list” means a list either of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under section 29, 36, 39, 42 or 43 of the Act or a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to regulations made under section 43D of the Act .
Appointment and tenure of office of chairman and non-officer members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and non-officer members shall be such period, not exceeding four years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has been convicted in the United Kingdom of any offence, or convicted elsewhere for an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has had passed on him a sentence of imprisonment (whether suspended or not) without the option of a fine, and which has not been quashed on appeal;
b
he has —
i
been adjudged bankrupt or had a sequestration of his estate awarded, or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for a period of three months or more, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is subject to a national disqualification under section 49N of the Act imposed by the Family Health Services Appeal Authority constituted under section 49S of the Act,
ii
is subject to a national disqualification under a decision of the National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6 (4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,
iii
has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2),(3) or (4) of the Act (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been approved or, as the case may be, included in a primary care list,
iv
is conditionally included in a primary care list under section 43ZA of the Act ,
v
has been removed from a primary care list under section 49F of the Act, or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list under section 49G of the Act , or
vii
is suspended from a primary care list under section 49I of the Act or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities), from being concerned in the management or control of any body;
h
he is the chairman, chief executive or a non-officer member of —
i
a Strategic Health Authority,
ii
a Special Health Authority,
iii
an NHS trust, or
iv
a Primary Care Trust.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
Cessation of disqualification
4
1
Where a person is disqualified under regulation 3(1)(b) by reason of having been adjudged bankrupt or having had a sequestration of his estate awarded —
a
if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of his discharge.
2
Where a person is disqualified under regulation 3(1)(b) by reason of his having made a composition or arrangement with, or having granted a trust deed for, his creditors —
a
if he pays his debts in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement, or, as the case may be, the terms of the trust deed, are fulfilled.
3
Subject to paragraph (4), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign his office at any time during his term of office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the CFSMS or of the health service that the chairman or a non-officer member should continue to hold office, he may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend any meeting of the CFSMS for a period of three months the Secretary of State shall forthwith terminate that person’s tenure of office unless he is satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the CFSMS within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, the Secretary of State shall forthwith notify him in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment he was so disqualified, he shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as such chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing that effect.
Appointment of deputy chairman
6
1
Subject to paragraph (2), the chairman and members may appoint one of the non-officer members to be deputy chairman for such period, not exceeding the remainder of his term as a member, as they may specify on appointing him.
2
Any member so appointed may at any time resign from the office of deputy chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the deputy chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the Secretary of State, the CFSMS may, and, if so directed by him, shall, appoint committees of the CFSMS consisting wholly or partly of members of the CFSMS or wholly of persons who are not members of the CFSMS.
2
A committee appointed under this regulation may, subject to such directions as may be given by the Secretary of State or the CFSMS, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the CFSMS) or wholly of persons who are not members of the CFSMS or the committee.
3
Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the CFSMS.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the Secretary of State, the CFSMS may make arrangements for the exercise, on its behalf, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the CFSMS, in each case subject to such restrictions and conditions as the CFSMS thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the CFSMS shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the Secretary of State, the CFSMS shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the Secretary of State, the CFSMS may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the CFSMS; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the CFSMS at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The Secretary of State may, subject to such conditions as he may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to him in the interests of the health service that the disability should be removed.
3
The CFSMS may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the CFSMS while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the CFSMS and applies to a member of any such committee or sub-committee (whether or not he is also a member of the CFSMS) as it applies to a member of the CFSMS.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the CFSMS
11
The CFSMS shall make reports to the Secretary of State in such manner and at such time as the Secretary of State may direct, and shall furnish to the Secretary of State such information as he may from time to time require.
Public meeting
12
If, in pursuance of regulation 11, the Secretary of State directs the CFSMS to make an annual report to him for any particular year or for each year, it shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary under Secretary of State,
Department of Health
10th December 2002