type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey and Sussex Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the Surrey and Sussex Health Authority
“the new Trust” means the East Sussex County National Health Service Trust the South Downs Health National Health Service Trust , the East Elmbridge and Mid Surrey Primary Care Trust , the Royal Surrey County Hospital National Health Service Trust , the Surrey Hampshire Borders National Health Service Trust or the North West Surrey Mental Health National Health Service Partnership Trust as the context requires;
“the trust property” means the property specified in the six schedules of trust property more specifically described in paragraphs (1) to (6) of article 2 of this Order.
Transfer of trust property
2
1
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the East Sussex County National Health Service Trust and signed on behalf of the old Trust on 4th July 2002 and on behalf of the East Sussex County National Health Service Trust on 1st July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the East Sussex County National Health Service Trust.
2
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the South Downs Health National Health Service Trust and signed on behalf of both the old Trust and the South Downs Health National Health Service Trust on 4th July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the South Downs Health National Health Service Trust.
3
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the East Elmbridge and Mid Surrey Primary Care Trust and signed on behalf of the old Trust on 6th August 2002 and on behalf of the East Elmbridge and Mid Surrey Primary Care Trust on 31st July 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the East Elmbridge and Mid Surrey Primary Care Trust.
4
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Royal Surrey County Hospital National Health Service Trust and signed on behalf of the old Trust on 14th August 2002 and on behalf of the Royal Surrey County Hospital National Health Service Trust on 5th August 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Royal Surrey County Hospital National Health Service Trust.
5
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Surrey Hampshire Borders National Health Service Trust and signed on behalf of both the old Trust and the Surrey Hampshire Borders National Health Service Trust on 14th August 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Surrey Hampshire Borders National Health Service Trust.
6
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the North West Surrey Mental Health National Health Service Partnership Trust and signed on behalf of both the old Trust and the North West Surrey Mental Health National Health Service Partnership Trust on 14th August 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the North West Surrey Mental Health National Health Service Partnership Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
4th September 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) (Amendment) Regulations 2002 and shall come into force on 1st July 2002.
2
These Regulations extend to England only.
Amendment of the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001
2
1
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation), in the definition of “new provider”, in head (a), for “1st July 2002” substitute “1st September 2002”.
3
In regulation 3(3)(a) (registration fees), for “1st July 2002”, substitute “1st September 2002”.
4
In regulation 5 (annual fees), in the entry in the Table entitled “(k) Nurses agency”, in head (a) of column (5), for “1 July 2002” substitute “1 September 2002”.
5
In regulation 6(5) (frequency of inspections), for “1st July 2002” substitute “1st September 2002”.
Jacqui Smith
Minister of State,
Department of Health
10th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the City of Plymouth (Scheme for Elections) Order 2002 and shall come into force on 31st December 2002.
2
In this Order —
“ the Act ” means the Local Government Act 2000;
“the city” means the city of Plymouth; and
“the council” means the council of the city of Plymouth.
Specified council
2
The council, which is a principal council in England, is specified under section 86 of the Act for the purposes of this Order.
New Scheme for the ordinary election of councillors
3
1
Subject to the provisions of this article and article 4, the scheme for the ordinary elections of councillors for wards of the city shall be by thirds, being a scheme under which —
a
the term of office of councillors is four years;
b
an election is held on the ordinary day of elections in 2006, 2007 and 2008 and in every fourth year after those years;
c
one third of the councillors (or as nearly as may be) are elected to the council in each year in which the elections are held; and
d
one third of the councillors (or as nearly as may be) retire in each year in which the elections are held.
2
All councillors shall retire on the fourth day after the ordinary day of election of the councillors in the year of retirement and the newly-elected councillors shall come into office on the day on which their predecessors retire.
3
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
4
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
5
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Transitional provisions and retirement of councillors
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2003.
2
The councillors holding office for any ward of the city immediately before 5th May 2003 shall retire on that date and the newly-elected councillors for those wards shall come into office on that date.
3
Elections for one third of the councillors (or as nearly as may be) shall be held on the ordinary day of election in 2004.
4
Of the councillors elected for each ward of the city in 2003 the order for retirement shall be as set out in the Schedule.
5
Where the number of councillors elected in any ward of the city in 2003 is two or more —
a
the first to retire, subject to paragraphs (3) and (4) of article 3, shall be the councillor elected by the smallest number of votes; and
b
the second to retire, subject to those paragraphs, shall be the councillor elected by the next smallest number of votes.
Revocation
5
The City of Plymouth (Electoral Arrangements) Order 1978 is hereby revoked.
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under-Secretary of State,
Office of the Deputy Prime Minister
28th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Manchester Healthcare National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the North Manchester Healthcare National Health Service Trust ;
“the new Trust” means the Pennine Acute Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 5th February 2002 and on behalf of the new Trust on 6th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


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


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Isle of Wight Railway LCDR No. 2515 Vehicle) Exemption Order 2002 and shall come into force on 31st July 2002.
Interpretation
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Application
3
This Order applies to the vehicle known as the London, Chatham and Dover Railway, 4 wheel, 5 compartment, 3rd Class Carriage, Southern Railway No. 2515 (“the exempted vehicle”) as owned, rebuilt and operated by the Isle of Wight Railway Company Limited.
Exemption
4
1
The exempted vehicle is hereby authorised to be used for carriage even though it does not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).
2
The provisions with which the exempted vehicle is not required to conform are —
a
regulation 4(1);
b
regulation 4(2);
c
regulation 4(3);
d
regulation 6(1)(a);
e
regulation 6(1)(b);
f
regulation 6(1)(c);
g
regulation 6(1)(d);
h
regulation 7(c);
i
regulation 8;
j
regulation 11(1)(a);
k
regulation 11(2)(a);
l
regulation 11(2)(b);
m
regulation 12;
n
regulation 13;
o
regulation 16(1)(e);
p
regulation 16(1)(f); and
q
regulation 19(3).
5
The authorisation granted by article 4(1) shall cease forthwith if the exempted vehicle is —
a
operated by a person other than the Isle of Wight Railway Company Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or
b
not operated on the Isle of Wight Railway which runs between Smallbrook Junction and Wootton on the Isle of Wight.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
28th June 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 1) Order 2002.
2
In this Order, “the 1999 Act ” means the Immigration and Asylum Act 1999 and “the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002.
Commencement
2
The provisions of the 2002 Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Transitional provision
3
Until Part V of the 2002 Act (immigration and asylum appeals) comes into force, the substitution of section 11 of the 1999 Act (removal of asylum claimants under standing arrangements with member states) by section 80 of the 2002 Act (removal of asylum-seeker to third country) shall take effect as if subsections (2) to (4) of section 11, as substituted, were not in force, and subsections (2) and (3) of section 11, as they were before the substitution, continued in force.
4
The amendments of the 1999 Act made by paragraphs 1 to 12, and 15 to 17 of Schedule 8 to the 2002 Act (carriers' liability) shall not apply in respect of a penalty notice (within the meaning of section 35(2) of the 1999 Act) which was issued to a person before the commencement of those paragraphs.
5
The amendment of the 1999 Act made by section 140(1) of the 2002 Act (Immigration Services Commissioner) shall not apply in respect of an investigation begun by the Commissioner under paragraph 5 (5) of Schedule 5 to the 1999 Act before the commencement of the said section 140(1).
6
Until section 134 of the 2002 Act (employer) comes into force, the insertion by section 154 of the 2002 Act (power to search for evidence) of section 28FB in the Immigration Act 1971 (search for personnel records: with warrant) shall take effect as if the said section 28FB were not yet in force.
Filkin
Parliamentary Under-Secretary of State
Home Office
13th November 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2002.
2
These Regulations shall come into force on 6th March 2002 but —
a
regulation 9 shall take effect from 1st April 1998;
b
regulation 12 shall take effect from 1st April 2001; and
c
regulation 7 shall take effect from 2nd April 2001.
Amendment of Regulations
2
The Local Government Pension Scheme Regulations 1997 shall be amended in accordance with regulations 3 to 12 of these Regulations.
Agreements to enable employees of non-Scheme employers to be members (“admission agreements”)
3
In regulation 5(17) (j) —
a
after “which is a Scheme employer” insert “or an admission body”; and
b
in sub-paragraph (iii) after “best value arrangement” insert “and, in the case of an admission body, is approved by the Secretary of State for the purpose of entering into an admission agreement with a transferee admission body”.
Meaning of “pay”
4
In regulation 13(2) , omit “or”at the end of sub-paragraph (f) and after sub-paragraph (g) add —
; or
a payment made in consequence of a School Achievement Award under the scheme established by the Secretary of State known as the School Achievement Award Scheme
.
Amounts of ill-health pension and grant
5
In regulation 28 —
a
in paragraph (5) —
i
after the words “the resulting period” insert “by multiplying it”; and
ii
for “but see paragraph (8)” substitute “but see paragraphs (5A) and (8)”; and
b
after paragraph (5), insert the following paragraph —
5A
The member’s enhanced membership period must not be reduced below that which is calculated by reference to his membership in whole-time employment, disregarding his membership in part-time employment.
.
Reduction of death grants: re-employed pensioners
6
Omit regulation 39.
Commencement of pensions
7
In regulation 93(2), in sub-paragraph (a) omit “and” and insert after that sub-paragraph the following sub-paragraph —
aa
in a case where he elects under paragraph (7) of that regulation for an earlier date than his NRD , with that date, and
.
Inward transfers of pension rights
8
In regulation 121(2) —
a
insert “or” at the end of sub-paragraph (c); and
b
at the end of sub-paragraph (d) omit “, or” and the whole of sub-paragraph (e).
Rights as to service not matched by credited period
9
In regulation 123(2)(b) for “regulation 25(4)” substitute “regulation 25(3A)” .
Schedule 2: Scheme Employers
10
In Schedule 2 , add at the end —
A body set up by a local authority, in exercise of powers under section 2 of the Local Government Act 2000 as a housing management company to exercise management functions as agent of the local authority under an arrangement approved by the Secretary of State under section 27 of the Housing Act 1985 .
.
Schedule 3: Excluded membership
11
In Schedule 3, in the Table —
a
in paragraph 1, column 2 omit “regulation 6(3) and (5) or”; and
b
omit paragraph 2, columns 1 and 2.
Schedule 5: Appropriate funds
12
In Schedule 5, in the second column of paragraph 9 of the Table in Part II for “Swansea County Council” substitute “Rhondda, Cynon, Taff County Borough Council”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
5th February 2002


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption Order 2002 and shall come into force on 3rd April 2002.
Interpretation
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Application
3
This Order applies to the rail vehicles which are numbered 67601 to 67630, 74001 to 74030, 74101 to 74130 and 67701 to 67730 and which form the electrical multiple-units numbered 458001 to 458030 of the class known as “Class 458” (“the exempted vehicles”;) as manufactured by ALSTOM Transport Limited for use by South West Trains Limited.
Exemption
4
1
Subject to articles 5 to 7 below, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2) below.
2
The provisions with which the exempted vehicles are not required to conform are —
regulation 4(2);
regulation 5(1)(a), (b) and (c), but subject to the condition in article 5 below;
regulation 6(1)(b) and (d);
regulation 11(1)(a);
regulation 13(7), but only in so far as it relates to the height of letters and numbers on visual systems which are not on the front of an exempted vehicle; and
regulation 20(1)(d) and (e).
5
The exemption given by article 4(2) above in relation to regulation 5(1)(b) shall only apply while —
a
the control device is operable by the palm of the hand exerting a force not exceeding 40 newtons; and
b
the operator provides, so far as is practicable, in that vehicle or, where an exempted vehicle forms part of a train, in that train a person, other than the driver of that vehicle or train, who is available to assist a disabled person.
Expiry
6
1
The exemption given in respect of regulation 4(2) shall cease at the end of 30th September 2004.
2
The exemption given in respect of regulations 5(1)(a), 6(1)(d), 11(1)(a) and 20(1)(d) and (e) shall cease at the end of 31st December 2010.
3
The exemption given in respect of regulation 5(1)(b) shall cease at the end of 31st July 2002.
4
The exemption given in respect of regulation 5(1)(c) shall cease —
a
at the end of 31st December 2010; or
b
in respect of an exempted vehicle in which all the door control devices for the doors in all the doorways inside, and in both ends of, the exempted vehicle and the control systems for those doorways are replaced before that date, when such replacement is completed.
5
The exemption given in respect of regulation 6(1)(b) shall cease —
a
at the end of 30th September 2004; or
b
in respect of an exempted vehicle in which the band of colour across the front of a top tread at an external doorway is renewed before that date, when such renewal is completed.
6
The exemption given in respect of regulation 13(7) shall cease —
a
at the end of 30th September 2004; or
b
in respect of an exempted vehicle in which the public address system for visual announcements is replaced by another system for such announcements before that date, when such replacement is completed.
7
Theauthorisation shall cease forthwith in respect of an exempted vehicle which is operated by a person other than South West Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Revocation
8
The Rail Vehicle Accessibility (South West Trains Class 458 Vehicles) Exemption Order 2001 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
8th March 2002


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Enduring Powers of Attorney) (Amendment No. 2) Rules 2002 and shall come into force on 31st August 2002.
2
In these Rules references to a rule by number alone mean the rule so numbered in, and references to a Schedule by number alone mean the Schedule so numbered to, the Court of Protection (Enduring Powers of Attorney) Rules 2001 .
Amendments to Court of Protection (Enduring Powers of Attorney) Rules 2001
2
For rule 3(2)(c) there shall be substituted —
c
a form referred to by a letter alone means —
i
the form so designated in Schedule 1 (“the core form”); or
ii
a form published by the court which differs in immaterial respects, in wording or layout (or both), from the core form; or
iii
a form to the same effect as the core form or as a form satisfying sub-paragraph (ii) above with such variations as circumstances may require and the court may approve; or
iv
a Welsh translation of the core form or of a form satisfying sub-paragraph (ii) or (iii) above.
.
3
In Schedule 1, for Form EP2 there shall be substituted the form set out in the Schedule to these Rules.
Transitional provisions
4
In relation to an application to register an enduring power of attorney which is received by the court on or after 31st August 2002 but before 28th February 2003 the reference in rule 7 to Form EP2 shall be treated as including a form which would have satisfied the requirements of Form EP2 if these Rules had not been made.
Irvine of Lairg, C
23rd July 2002


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credit (New Category of Child Care Provider) Regulations 2002 and shall come into force on 20th June 2002.
Interpretation
2
In these Regulations —
a
where the doing of anything is required to be in writing and authenticated by a signature, the use of electronic communication is not permitted; and
b
“accredited” in relation to an organisation means accredited by the Secretary of State in accordance with the criteria set out in these Regulations;
“child care provider” means a person who looks after one or more children under the age of 15 (under the age of 16 if the child is disabled) outside the United Kingdom for reward;
“disabled” in relation to a child under the age of 16 means a child —
in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient within the meaning of regulation 10 of the Disability Working Allowance (General) Regulations 1991 ;
who is registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a regional or islands council; or
who ceased to be registered as blind in such a register within the 28 weeks immediately preceding the date of claim;
“electronic communication” means electronic communication as defined in section 15 of the Electronic Communications Act 2000 ;
“scheme” means the scheme made by these Regulations for establishing a new category of persons whose charges for providing child care are to be taken into account for the purposes set out in section 15(1) of the Tax Credits Act 1999;
“system” means the system operated by an accredited organisation for approving child care providers and assessing the quality of child care provided by them.
Requirements of the scheme
3
A person shall only fall within the category of persons established by the scheme —
a
if he is approved by an accredited organisation; and
b
in relation to the provision by him of child care outside the United Kingdom.
Criteria for accreditation
4
The Secretary of State may accredit an organisation for the purposes of the scheme if in his opinion it satisfies the following criteria —
a
it operates a system that includes the matters set out in Schedule 1 to these Regulations;
b
it has the ability to ensure that the quality of child care provided by persons which it approves meets the criteria referred to in regulation 12 of and set out in Schedule 3 to these Regulations;
c
it operates an equal opportunities policy for its employees in relation to the services it provides, to the system and to the training of assessors; and
d
if it proposes to charge child care providers fees for its services, those fees are reasonable in the opinion of the Secretary of State.
Application for accreditation
5
1
An organisation seeking accreditation shall make an application to the Secretary of State which shall include the information specified in Part I of Schedule 2 to these Regulations.
2
An application for accreditation shall be in writing, dated and authenticated by the signature of a duly authorised officer of the organisation.
Grant of accreditation
6
1
Subject to the following paragraphs of this regulation, where an organisation applies to the Secretary of State for accreditation, he may —
a
reject the application; or
b
grant the accreditation on such conditions, if any, as he thinks necessary or expedient.
2
Before making a decision under paragraph (1), the Secretary of State may require further evidence from the organisation and may consult any person as he thinks fit.
3
Where the Secretary of State is minded to reject an application under paragraph (1)(a) he shall notify the organisation of this in writing, giving his reasons and inviting the organisation to make representations in support of its application within 28 days starting with the date of receipt of the notification.
4
The organisation may, within 28 days starting with the date of receipt of a notification under paragraph (3), make written representations to the Secretary of State in support of its application.
5
The Secretary of State shall consider any representations made by the organisation in accordance with paragraph (4) before making his decision under paragraph (1).
6
Where the Secretary of State is minded to grant accreditation on conditions under paragraph 1(b), he shall notify the organisation of this in writing, setting out the conditions he is minded to impose.
7
The organisation shall, within 28 days starting with the date of receipt of a notification under paragraph (6) —
a
advise the Secretary of State in writing that it accepts the conditions proposed; or
b
make written representations in support of its objections to the conditions proposed.
8
The Secretary of State shall consider any representations made by the organisation in accordance with paragraph (7)(b) before making his decision under paragraph (1).
9
When the Secretary of State has made his decision under paragraph (1) he shall notify the organisation concerned of his decision in writing. Where the decision is to grant the accreditation on conditions the notification shall specify those conditions.
10
Where the Secretary of State’s decision is to accredit an organisation, a copy of the notice referred to in paragraph (9) shall be sent to the Inland Revenue.
11
Accreditation shall be for a period of three years and shall be conditional upon the organisation continuing to meet the criteria for accreditation set out in regulation 4 above and any conditions to which its accreditation is subject under paragraph 1(b) of this regulation.
Renewal of accreditation
7
1
If an accredited organisation wishes to renew its accreditation it shall, during the period of two months prior to the expiry of its accreditation, make an application to the Secretary of State to renew its accreditation.
2
An application by an organisation to renew its accreditation shall include the information specified in Parts I and II of Schedule 2 to these Regulations.
3
An application by an organisation to renew its accreditation shall be in writing, dated and authenticated by the signature of a duly authorised officer of the organisation.
4
Subject to the following paragraphs of this regulation, where an organisation applies to the Secretary of State for renewal of its accreditation, he may —
a
reject the application; or
b
renew the accreditation on such conditions, if any, as he thinks necessary or expedient.
5
The Secretary of State may vary any conditions imposed on a previous accreditation.
6
The procedures set out in regulation 6(2) to (10) above shall apply to an application for renewal of accreditation as they apply to an application for the grant of accreditation, but for this purpose references in regulation 6 to a decision under paragraph (1) of that regulation shall be taken to be references to a decision under paragraph (4) of this regulation.
7
Any renewed accreditation shall be for a period of three years from the expiry of the earlier accreditation and shall be conditional upon the organisation continuing to meet the criteria for accreditation set out in regulation 4 above and any conditions to which its accreditation is subject under paragraph 4(b) of this regulation.
8
Where an organisation has made an application for renewal of its accreditation its accreditation shall remain in force until the Secretary of State has made a decision under paragraph 4 of this regulation, notwithstanding that apart from this paragraph it would expire earlier.
Withdrawal of accreditation or variation of conditions of accreditation
8
1
Subject to the following paragraphs of this regulation, the Secretary of State may withdraw an organisation’s accreditation or vary the conditions of its accreditation if he is satisfied that —
a
the organisation no longer meets the criteria for accreditation set out in regulation 4 above;
b
the organisation has breached one or more of the conditions of its accreditation; or
c
the organisation has acted improperly.
2
The Secretary of State shall notify the organisation in writing if he is minded to withdraw its accreditation or vary the conditions of its accreditation, giving his reasons for this and inviting the organisation to make representations in response to this notice within 28 days starting with the date of receipt of the notification.
3
The organisation may, within 28 days starting with the date of receipt of a notification under paragraph (2), make written representations to the Secretary of State in response to the notice.
4
The Secretary of State shall consider any representations made by the organisation in accordance with paragraph (3) before making a decision whether or not to withdraw its accreditation or vary the conditions of its accreditation.
5
When the Secretary of State has made a decision whether or not to withdraw an organisation’s accreditation or vary the conditions of its accreditation he shall notify the organisation of his decision in writing.
6
Where the Secretary of State’s decision is to withdraw an organisation’s accreditation or vary the conditions of its accreditation, such decision shall take effect after 28 days starting with the date on which the organisation is notified of the decision.
7
The Secretary of State may by written notice suspend an organisation’s accreditation for the period during which he is considering withdrawing its accreditation or varying the conditions of its accreditation if he considers this to be necessary. The suspension shall take effect from the date that the organisation receives this notification.
8
During the period in which an organisation’s accreditation is suspended under paragraph (7) the organisation shall not approve any child care providers, but the suspension shall not affect the validity of approvals already given.
9
Where the Secretary of State decides to withdraw an organisation’s accreditation or vary the conditions of its accreditation a copy of the notice referred to in paragraph 5 shall be sent to the Inland Revenue.
Requirements during the period of accreditation
9
During the period for which an organisation is accredited that organisation shall —
a
provide to the Inland Revenue such information as it may request about child care providers that the organisation has approved under its system for the purpose of checking eligibility for child care tax credit;
b
provide to the Secretary of State such information as he may request about child care providers that the organisation has approved under its system for the purpose of ensuring the effective operation of the system;
c
maintain adequate records about the approval process it operates, including evidence supplied by child care providers seeking approval under the system, which shall be produced to the Secretary of State on his request;
d
allow the Secretary of State or his nominee to attend meetings of the panel awarding approval to child care providers, and to accompany assessors on visits to child care providers during the process of assessment and on any subsequent checks once the provider has been approved under the system.
Requirements during the period of approval
10
During the period for which a child care provider is approved by an accredited organisation he shall allow quality assessors and representatives of the accredited organisation, the Secretary of State and the Inland Revenue access at any reasonable time to his premises and records.
Consequences for child care providers approved by an organisation whose accreditation is withdrawn or expires
11
1
When an organisation’s accreditation is withdrawn or expires without being renewed the Secretary of State may, with effect from the date of that withdrawal or expiry, replace that organisation with an alternative accredited organisation by notice in writing to —
a
the child care providers approved by the organisation whose accreditation is withdrawn or has expired; and
b
the alternative accredited organisation.
2
A child care provider who has been approved by an organisation whose accreditation has been withdrawn or has expired without being renewed shall retain his approval for the remainder of the period of approval, unless the Secretary of State is of the opinion that such approval was improperly granted.
3
Where the Secretary of State is of such an opinion he shall serve a notice in writing on the child care provider terminating the approval, and the termination shall take effect from the date that the child care provider receives the notice.
Criteria for approval of child care provider
12
An accredited organisation shall approve a child care provider who meets the criteria set out in its system, which criteria shall include those matters set out in Schedule 3 to these Regulations.
Grant to accredited organisation
13
The Secretary of State may make payment by way of grant or otherwise to an accredited organisation in respect of costs incurred by the organisation in carrying out its functions.
Geoffrey Hoon
Secretary of State for Defence
22nd May 2002


text:
Citation and commencement
1
This Order may be cited as the Ashington Education Action Zone (Extension) Order 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In this Order —
“Ashington Education Action Zone” means the Education Action Zone established by the Ashington Education Action Zone Order 1999 .
The extension of the Ashington Education Action Zone
3
The Ashington 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:
1
This Order may be cited as the Value Added Tax (Buildings and Land) Order 2002 and comes into force on 1st June 2002.
2
For paragraph (b) of paragraph 1(6) of Schedule 10 to the Value Added Tax Act 1994 substitute —
b
the value of the supply shall be taken to be such amount as is obtained by using the formula —
A × ( 10 - B ) 10
where —
A is the amount that yields an amount of VAT chargeable on it equal to the VAT which would have been chargeable on the relevant zero-rated supply (or, where there was more than one supply, the aggregate amount which would have been chargeable on them) had so much of the building as is mentioned in sub-paragraph (5) above not been intended for use solely for a relevant residential purpose or a relevant charitable purpose; and
B is the number of whole years since the day the building was completed for which the building or part concerned has been used for a relevant residential purpose or a relevant charitable purpose.
.
Tony McNulty
Anne McGuire
Two of the Lord’s Commissioners of Her Majesty’s Treasury
17th April 2002


text:
Citation, commencement, and extent
1
1
These Rules may be cited as the Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002.
2
These Rules shall come into force on 23rd December 2002.
3
These Rules extend to England only.
Interpretation
2
In these Rules —
“certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act ;
“document” includes a photograph, map or plan;
“enforcement appeal” means an appeal against an enforcement notice;
“enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act ;
“hearing” means a hearing to which these Rules apply;
“hearing statement” means, and consists of, a written statement which contains full particulars of the case which a person proposes to put forward at a hearing and copies of any documents which that person intends to refer to or put in evidence;
“inquiry” means a local inquiry to which the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 or the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 apply;
“inspector” means —
in relation to a transferred appeal, a person appointed by the Secretary of State to determine an appeal;
in relation to a non-transferred appeal, a person appointed by the Secretary of State to hold a hearing or a re-opened hearing;
“land” means the land or building to which the hearing relates;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“local planning authority” means in relation to —
an enforcement appeal, the body who issued the relevant enforcement notice;
an appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the body to whom that application was made;
“non-transferred appeal” means an appeal which falls to be determined by the Secretary of State, including an appeal which falls to be so determined by virtue of a direction under paragraph 3(1) of Schedule 6 to the Planning Act or paragraph 3(1) of Schedule 3 to the Listed Buildings Act;
“Planning Act” means the Town and Country Planning Act 1990 ;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Rules;
“the relevant notice” means the Secretary of State’s written notice under rule 4(1) informing the appellant and the local planning authority that a hearing is to be held;
“starting date” means the date of the —
Secretary of State’s written notice to the appellant and the local planning authority that he has received all the documents required to enable him to entertain the appeal pursuant to regulation 10 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 ; or
relevant notice,
whichever is later;
“transferred appeal” means an appeal which falls to be determined by a person appointed by the Secretary of State under Schedule 6 to the Planning Act or Schedule 3 to the Listed Buildings Act.
Application of the Rules
3
1
These Rules apply in relation to any hearing held in England for the purposes of a non-transferred or a transferred appeal made on or after 23rd December 2002 under —
a
section 174 of the Planning Act (appeal against enforcement notice);
b
section 195 of the Planning Act (appeal against refusal or non-determination of an application for a certificate of lawful use or development);
c
section 39 of the Listed Buildings Act (appeal against listed building enforcement notice) or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice);
but do not apply to any hearing by reason of the application of any provision mentioned in this paragraph by or under any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 or the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 , any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The Secretary of State shall, as soon as practicable after it is determined to hold a hearing under these rules, inform the appellant and the local planning authority in writing that a hearing is to be held.
2
The local planning authority shall within 2 weeks of the starting date —
a
send to the Secretary of State and the appellant a completed questionnaire and a copy of each of the documents referred to in it;
b
in the case of an enforcement appeal, notify any —
i
person on whom a copy of the enforcement notice has been served;
ii
occupier of property in the locality in which the land to which the enforcement notice relates is situated; and
iii
other person who in the opinion of the local planning authority is affected by the breach of planning control or contravention of listed building or conservation area control which is alleged in the enforcement notice,
that an appeal has been made and of the address to which and of the period within which they may make representations to the Secretary of State.
Hearing statements
5
1
The appellant and the local planning authority shall send 2 copies of their hearing statement to the Secretary of State within 6 weeks of the starting date.
2
The Secretary of State may in writing require the appellant and the local planning authority to provide such further information about the matters contained in their hearing statement as he may specify; such information shall be provided in writing and the appellant or the local planning authority, as the case may be, shall send 2 copies to the Secretary of State within such period as the Secretary of State may reasonably require.
3
Any person who was notified about the appeal under rule 4(2)(b), shall send to the Secretary of State 3 copies of any written comments they wish to make concerning the appeal within 6 weeks of the starting date.
4
The appellant and the local planning authority shall send to the Secretary of State 2 copies of any comments the local planning authority and the appellant wish to make on —
a
each other’s hearing statement;
b
comments made pursuant to paragraph (3); and
c
comments made to them by any other person,
within 9 weeks of the starting date.
5
The Secretary of State shall send, as soon as practicable after receipt, a copy of any —
a
hearing statement received by him pursuant to paragraph (1), further information provided pursuant to paragraph (2) and any comments received pursuant to paragraph (4) from, in each case, the appellant or the local planning authority to the other of those two parties; and
b
written comments made by persons pursuant to paragraph (3), to the local planning authority and the appellant.
6
The local planning authority shall give any person who so requests a reasonable opportunity to inspect, and where practicable, take copies of —
a
the local planning authority’s completed questionnaire, hearing statement and any document copied to the authority under paragraph (5); and
b
further information provided by the authority under paragraph (2) and comments made by the authority under paragraph (4),
and shall specify in their hearing statement the time and place where such documents may be inspected.
7
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any hearing statement, document, part of any document or written comments sent to the Secretary of State within the relevant period specified for sending such documents pursuant to paragraphs (1) to (4).
8
In the case of a non-transferred appeal, the Secretary of State, and in the case of a transferred appeal, the inspector, may in determining the appeal disregard any comments made pursuant to paragraphs (3) and (4) which are sent after the relevant specified period.
Date and notification of hearing
6
1
The date fixed by the Secretary of State for the holding of a hearing shall be —
a
not later than 12 weeks after the starting date, unless he considers such a date impracticable; or
b
the earliest date after that period which he considers to be practicable.
2
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of a hearing to every person entitled to appear at the hearing.
3
The Secretary of State may vary the date fixed for the holding of a hearing, whether or not the date as varied is within the period of 12 weeks mentioned in paragraph (1); and paragraph (2) shall apply to a variation of a date as it applied to the date originally fixed.
4
The Secretary of State may vary the time or place for the holding of a hearing and shall give notice of any such variation as appears to him to be reasonable.
5
The Secretary of State may in writing require the local planning authority to take one or both of the following steps —
a
not less than 2 weeks before the date fixed for the holding of a hearing, to publish a notice of the hearing in one or more newspapers circulating in the locality in which the land is situated;
b
to send a notice of the hearing to such persons or classes of persons as he may specify, within such period as he may specify.
6
Every notice of hearing published or sent pursuant to paragraph (5) shall contain —
a
a clear statement of the date, time and place of the hearing and of the powers enabling the Secretary of State or inspector to determine the appeal in question;
b
a written description of the land sufficient to identify approximately its location;
c
a brief description of the subject matter of the appeal; and
d
details of where and when copies of the local planning authority’s completed questionnaire and documents sent by and copied to the authority pursuant to rule 5 may be inspected.
Notification of name of inspector
7
1
Subject to paragraph (2), the Secretary of State shall notify the name of the inspector to every person entitled to appear at the hearing.
2
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the hearing is held, the inspector holding the hearing shall, at its commencement, announce his name and the fact of his appointment.
Method of procedure
8
1
If either the appellant or the local planning authority at any time before or during the hearing is of the opinion that the hearings procedure is inappropriate in determining the appeal and that the appeal should not proceed in this way then they may inform the Secretary of State, before the hearing, or the inspector, during the hearing, of their opinion and the reasons for it and —
a
the Secretary of State, before the hearing, shall, after consulting the other party who may inform the Secretary of State of his opinion pursuant to this paragraph, decide whether an inquiry should be arranged instead; or
b
the inspector, during the hearing, shall, after consulting the other party who may inform the inspector of his opinion pursuant to this paragraph, decide whether the hearing should be closed and an inquiry held instead.
2
If at any time during a hearing it appears to the inspector that the hearings procedure is inappropriate, he may, after consulting the appellant and the local planning authority, decide to close the proceedings and arrange for an inquiry to be held instead.
Appearances at hearing
9
1
The persons entitled to appear at the hearing are —
a
the appellant;
b
the local planning authority;
c
in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served; and
d
in the case of an enforcement appeal or an appeal under section 195 of the Planning Act, any person having an interest in the land.
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at a hearing, and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by any other person.
Inspector may act in place of Secretary of State in respect of transferred appeals
10
1
This rule applies where a hearing is to be held or has been held for the purposes of a transferred appeal.
2
An inspector may take such steps as the Secretary of State is required or enabled to take under or by virtue of rules 5(2), 5(5), 6 and 18, in place of the Secretary of State.
3
Where an inspector requires further information or copies pursuant to rules 5(2) or 18(2) that information or copies shall be sent to him.
Procedure at hearing
11
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at a hearing.
2
A hearing shall take the form of a discussion led by the inspector and cross-examination shall not be permitted unless the inspector considers that cross-examination is required to ensure a thorough examination of the main issues.
3
Where the inspector considers that cross-examination is required under paragraph (2) he shall consider, after consulting the appellant and the local planning authority, whether the hearing should be closed and an inquiry held instead.
4
At the start of the hearing the inspector shall identify what are, in his opinion, the main issues to be considered at the hearing and any matters on which he requires further explanation from any person entitled or permitted to appear.
5
Nothing in paragraph (4) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.
6
A person entitled to appear at a hearing shall be entitled to call evidence but, subject to the foregoing and paragraphs (7) and (8), the calling of evidence shall otherwise be at the inspector’s discretion.
7
The inspector may refuse to permit the —
a
giving or production of evidence; or
b
presentation of any other matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the hearing.
8
The inspector may —
a
require any person appearing or present at a hearing who, in his opinion, is behaving in a disruptive matter to leave; and
b
refuse to permit that person to return; or
c
permit him to return only on such conditions as he may specify,
but any such person may submit to him any evidence or other matter in writing before the close of the hearing.
9
The inspector may allow any person to alter or add to a hearing statement received under rule 5 so far as may be necessary for the purposes of the hearing; but he shall (if necessary by adjourning the hearing) give every other person entitled to appear who is appearing at the hearing an adequate opportunity of considering any fresh matter or document.
10
The inspector may proceed with a hearing in the absence of any person entitled to appear at it.
11
The inspector may take into account any written representation or evidence or any other document received by him from any person before a hearing opens or during the hearing provided that he discloses it at the hearing.
12
The inspector may from time to time adjourn a hearing and, if the date, time and place of the adjourned hearing are announced at the hearing before the adjournment, no further notice shall be required.
Site inspections
12
1
Where it appears to the inspector that one or more matters would be more satisfactorily resolved by adjourning the hearing to the appeal site he may adjourn the hearing to that site and conclude the hearing there provided he is satisfied that —
a
the hearing would proceed satisfactorily and that no party would be placed at a disadvantage;
b
all parties present at the hearing would have the opportunity to attend the adjourned hearing;
c
the local planning authority and the appellant have not raised reasonable objections to it being continued at the appeal site.
2
Unless the hearing is to be adjourned to the appeal site pursuant to paragraph (1), the inspector —
a
may inspect the land during the hearing or after its close; and
b
shall inspect the land if requested to do so by the appellant or the local planning authority before or during the hearing.
3
Where the inspector intends to make an inspection under paragraph (2), he shall ask the appellant and the local planning authority whether they wish to be present.
4
Where the appellant or the local planning authority have indicated that they wish to be present the inspector shall announce the date and time at which he proposes to make the inspection during the hearing and shall make the inspection in the company of —
a
the appellant, the local planning authority and any other person who has an interest in the land; and
b
at the inspector’s discretion, any other person entitled or permitted to appear at the hearing who is appearing or did appear at it.
5
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in paragraph (4) is not present at the time appointed.
Procedure after hearing — non-transferred appeals
13
1
This rule applies where a hearing has been held for the purposes of a non-transferred appeal.
2
After the close of the hearing, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
3
When making his determination the Secretary of State may disregard any written representations, evidence or other document received after the hearing has closed.
4
If, after the close of the hearing, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector, or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the hearing who appeared at it of his disagreement and the reasons for it.
5
Where persons entitled to appear at the hearing who appeared are notified pursuant to paragraph (4), the Secretary of State shall give them an opportunity to make written representations to him or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) to ask for the re-opening of the hearing.
6
Those making written representations or requesting the hearing to be re-opened pursuant to paragraph (5), shall send such representations or requests to the Secretary of State within 3 weeks of the date of the Secretary of State’s notification under that paragraph.
7
The Secretary of State may, as he thinks fit, cause a hearing to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances mentioned in paragraph (5) and within the period mentioned in paragraph (6).
8
Where a hearing is re-opened pursuant to rule (7) (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters on which further evidence is invited; and
b
paragraphs (2) to (6) of rule 6 shall apply as if the reference to a hearing were references to a re-opened hearing.
Procedure after hearing — transferred appeals
14
1
This rule applies where a hearing has been held for the purposes of a transferred appeal.
2
When making his decision the inspector may disregard any written representations, or evidence or any other document received after the hearing has closed.
3
If, after the close of the hearing, an inspector proposes to take into consideration any new evidence or any new matter of fact (not being a matter of government policy) which was not raised at the hearing and which he considers to be material to his decision, he shall not come to a decision without first —
a
notifying persons entitled to appear at the hearing who appeared at it of the matter in question; and
b
giving them an opportunity to make written representations to him or to ask for the re-opening of the hearing,
and they shall send such written representations or requests to re-open the hearing to the Secretary of State within 3 weeks of the date of the notification.
4
An inspector may, as he thinks fit, cause a hearing to be re-opened and he shall do so if asked by the appellant or the local planning authority in the circumstances and within the period mentioned in paragraph (3).
5
Where a hearing is re-opened pursuant to paragraph (4) —
a
the inspector shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters on which further evidence is invited; and
b
paragraphs (2) to (6) of rule 6 shall apply as if the references to a hearing were references to a re-opened hearing.
Notification of decision — non-transferred appeals
15
1
This rule applies where a hearing has been held for the purposes of a non-transferred appeal.
2
The Secretary of State shall notify his decision on an appeal, and his reasons for it, in writing to —
a
the appellant and the local planning authority;
b
all persons entitled to appear at the hearing who did appear; and
c
any other person who, having appeared at the hearing, has asked to be notified of the decision.
3
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him; and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.
4
In this rule “report” does not include any documents appended to the inspector’s report; but any person who has received a copy of the report may apply to the Secretary of State in writing for an opportunity to inspect any such documents and the Secretary of State shall give him that opportunity.
5
A person applying to the Secretary of State under —
a
paragraph (3) shall send his application to the Secretary of State within 4 weeks;
b
paragraph (4) shall send his application to the Secretary of State within 6 weeks,
of the date of the Secretary of State’s decision.
Notification of decision — transferred appeals
16
1
This rule applies where a hearing has been held for the purposes of a transferred appeal.
2
An inspector shall notify his decision on an appeal, and his reasons for it, in writing to —
a
the appellant and the local planning authority;
b
all persons entitled to appear at the hearing who did appear; and
c
any other person who, having appeared at the hearing, has asked to be notified of the decision.
3
Any person entitled to be notified of the inspector’s decision under paragraph (2) may apply to the Secretary of State in writing, for an opportunity to inspect any documents listed in the notification and the Secretary of State shall give him that opportunity.
4
A person applying to the Secretary of State under paragraph (3) shall send his application to the Secretary of State within 6 weeks of the date of the inspector’s decision.
Procedure following remitting of appeal
17
1
Where an appeal, for which a hearing has been held, is remitted by any court to the Secretary of State for rehearing and redetermination, the Secretary of State —
a
shall send to the persons entitled to appear at the hearing who appeared at it a written statement of the matters on which further representations are invited in order for him to consider the appeal further;
b
shall give those persons the opportunity to make written representations to him on those matters or to ask for the re-opening of the hearing; and
c
may, as he thinks fit, cause the hearing to be re-opened or an inquiry held instead (whether by the same or a different inspector) and if he re-opens the hearing paragraphs (2) to (6) of rule 6 shall apply as if the reference to a hearing were to a re-opened hearing.
2
Those persons making representations or asking for the hearing to be re-opened under paragraph (1)(b) shall send such representations or requests to the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Further time and additional copies
18
1
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken pursuant to these Rules, and references in these Rules to a day by which, or a period within which, any step is required or enabled to be taken shall be construed accordingly.
2
The Secretary of State may at any time before the close of a hearing request from any person entitled to appear additional copies of the following —
a
a hearing statement or comments sent in accordance with rule 5; or
b
any other document or information sent to the Secretary of State before or during a hearing,
and may specify the time within which such copies should be sent to him and any person so requested shall ensure that the copies are sent within the specified period.
Notices sent by post
19
Notices or documents required or authorised to be sent under these Rules may be sent by post.
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
23rd October 2002


text:
1
This Scheme may be cited as the M25 Motorway (Heathrow Terminal 5 Access) (No 1) Connecting Roads Scheme 2002 and shall come into force on 5th March 2002.
2
In this Scheme:
i
“connecting roads” means the special roads described in Schedule to this Scheme;
ii
“the plan” means the plan numbered HA Plan No HA/16/OD/29, marked “The M25 Motorway (Heathrow Terminal 5 Access) (No 1) Connecting Roads Scheme 2002” signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the DTLR Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA (Highways Agency, St Christopher House, Southwark Street, London, SE1 0TE); and
iii
“the special roads” means each connecting road.
3
The Secretary of State is authorised to provide the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centreline of each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
D W Ward
Divisional Director of the Highways Agency
13th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Essex Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the North Essex Health Authority ;
“the new Trusts” means the Tendring Primary Care Trust and the Essex Ambulance Service National Health Service Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Tendring Primary Care Trust and signed on behalf of the old Trust on 23rd January 2002 and on behalf of the Tendring Primary Care Trust on 24th January 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Tendring Primary Care Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Essex Ambulance Service National Health Service Trust and signed on behalf on both the old Trust and the Essex Ambulance Service National Health Service Trust on 23rd January 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Essex Ambulance Service National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002