text:
Citation, commencement and extent
1
1
These Rules may be cited as the Town and Country Planning (Major Infrastructure Project Inquiries Procedure) (England) Rules 2002.
2
These Rules shall come into force on 7th June, 2002.
3
These Rules extend to England only.
Interpretation
2
In these rules —
“applicant” in the case of an appeal, means the appellant;
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“by local advertisement” means by publication of the notice in at least one newspaper circulating in the locality in which the land to which the application relates is situated;
“ the Commission ” means the Historic Buildings and Monuments Commission for England;
“development order” has the meaning given in section 59 of the Planning Act ;
“document” includes a photograph, map or plan;
“inquiry” means a major infrastructure project inquiry in relation to which these Rules apply;
“inspector” means a person appointed by the Secretary of State to hold an inquiry or a re-opened inquiry;
“land” means the land or building to which an inquiry relates;
“the Listed Buildings Act ” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“listed building consent” has the meaning given in section 8(7) of the Listed Buildings Act;
“local planning authority” means in relation to —
a referred application, the body who would otherwise have dealt with the application;
an appeal, the body who were responsible for dealing with the application occasioning the appeal;
“major infrastructure project” means development of a description mentioned in the Schedule;
“mediator” means a person appearing to the Secretary of State to have been trained in mediation techniques by an independent mediation organisation and who is appointed by the Secretary of State to undertake a mediation under rule 11;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“the Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“referred application” means an application of any description mentioned in rule 3(1) which is referred to the Secretary of State for determination;
“registration form” means a form for completion by interested parties who wish to participate in the inquiry;
“relevant notice” means the Secretary of State’s written notice informing the applicant and the local planning authority that an inquiry is to be held;
“the 2000 Rules ” means the Town and Country Planning (Inquiries Procedure)(England) Rules 2000 ;
“starting date” means the date of the —
Secretary of State’s written notice to the applicant and the local planning authority that he has received all the documents required to enable him to entertain the application or appeal; or
relevant notice,
whichever is the later;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry and a list of any documents which that person intends to refer to or put in evidence;
“statement of common ground” means a written statement prepared jointly by the local planning authority and the applicant, which contains agreed factual information about the proposal, which is the subject of the application or appeal;
“statutory party” means —
a person mentioned in paragraph (1)(b)(i) of article 19 of the Town and Country Planning (General Development Procedure) Order 1995 whose representations the Secretary of State is required by paragraph (3) of that article to take into account in determining the referred application or appeal to which an inquiry relates; and, in the case of an appeal, such a person whose representations the local planning authority were required by paragraph (1) of that article to take into account in determining the application occasioning the appeal; and
a person whose representations the Secretary of State is required by paragraphs (3)(b) and (5) of regulation 6 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 to take into account in determining the referred application or appeal to which an inquiry relates; and in the case of an appeal, a person whose representations the local planning authority were required by paragraph (3)(b) of that regulation to take into account in determining the application occasioning the appeal;
“technical adviser” means a person appearing to the Secretary of State to have such qualifications and experience as to enable him to conduct an expert assessment of scientific or technical evidence to be given to the inquiry and who is appointed by the Secretary of State for that purpose under rule 10.
Application of Rules
3
1
These Rules apply in relation to any local inquiry relating to a major infrastructure project caused by the Secretary of State to be held in England before he determines —
a
an application for planning permission referred to him under section 77, or an appeal to him under section 78, of the Planning Act;
b
an application for listed building consent referred to him under section 12, or for variation or discharge of conditions referred to him under that section as applied by section 19, or an appeal to him under section 20, of the Listed Buildings Act;
c
an application for conservation area consent referred to him under section 12 (including an application to which that section is applied by section 19), or an appeal to him under section 20, of the Listed Buildings Act as those sections are applied by section 74(3) of that Act,
but do not apply to any local inquiry by reason of the application of any provision mentioned in this paragraph by any other enactment.
2
Where these Rules apply in relation to an application for planning permission or to an appeal which at some time fell to be disposed of in accordance with the 2000 Rules 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 local planning authority shall on receipt of the relevant notice, —
a
forthwith inform the Secretary of State and the applicant in writing of the name and address of any statutory party who has made representations to them; and the Secretary of State shall, as soon as practicable thereafter, inform the applicant and the local planning authority in writing of the name and address of any statutory party who has made representations to him and of any other persons who are known to have a right to appear at the inquiry or to have an interest in the proposal;
b
forthwith publish by local advertisement notice of the application of these Rules, the arrangements for pre-inquiry meetings, and the statements by the Secretary of State in accordance with rules 6(2)(a)(ii) and (iii).
2
This paragraph applies where —
a
the Secretary of State has given to the local planning authority a direction restricting the grant of planning permission for which application was made;
b
in a case relating to a listed building consent, the Commission has given a direction to the local planning authority pursuant to section 14(2) of the Listed Buildings Act as to how the application is to be determined;
c
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 13(1)(c), has expressed in writing to the local planning authority the view that the application should not be granted either wholly or in part, or should be granted only subject to conditions; or
d
any person consulted in pursuance of a development order has made representations to the local planning authority about the application.
3
Where paragraph (2) applies, the local planning authority shall forthwith after the starting date inform the person concerned of the inquiry and, unless they have already done so, that person shall thereupon give the local planning authority a written statement of the reasons for making the direction, expressing the view or making the representations, as the case may be.
Registration
5
1
Upon receipt of the notice given under rule 4(1)(a), the local planning authority shall —
a
send to each person notified or known to the local planning authority to have a right to appear at the inquiry or to have an interest in the proposal, and to each statutory party, a copy of the statement sent by the Secretary of State under rule 6(2)(a)(ii) and a copy of the registration form; and
b
publish by local advertisement a notice stating —
i
that these Rules apply to the local inquiry;
ii
the matters contained in the statement sent by the Secretary of State under rule 6(2)(a)(ii);
iii
the arrangements for the first pre-inquiry meeting; and
iv
that persons interested in participating in the inquiry should obtain from the local planning authority a copy of the registration form.
2
The registration form shall include the address to which completed forms must be returned, and the date by which that must be done. It shall request the following information: —
a
the name, address and telephone number of the person registering;
b
the name, address and telephone number of any agent, or, in the case of an organisation, of the contact person;
c
whether or not the person registering has an interest in any land which will be affected by the proposal;
d
whether or not the person or organisation registering is likely to want to be represented formally and to play a major part in the inquiry;
e
if not, whether or not the person registering will wish to give oral evidence at the inquiry or will wish only to submit representations in writing.
Procedure for pre-inquiry and other meetings
6
1
The Secretary of State shall hold a pre-inquiry meeting.
2
The following provisions shall apply to the pre-inquiry meeting, or where there is more than one, to the first pre-inquiry meeting —
a
the Secretary of State shall send with the relevant notice —
i
notice of his intention to hold a pre-inquiry meeting;
ii
a statement of the matters which, in his view, are the matters to be considered at the inquiry; and where another Minister of the Crown or a government department has expressed in writing to the Secretary of State a view which is mentioned in rule 4(2)(c), the Secretary of State shall set this out in his statement;
b
the Secretary of State shall send a copy of the statement described in the previous paragraph to the Minister or government department concerned;
c
the local planning authority shall publish by local advertisement a notice of the Secretary of State’s intention to hold a pre-inquiry meeting and of the statements sent in accordance with paragraph (2)(a)(ii) above; and
d
the applicant and the local planning authority shall ensure that within eight weeks of the starting date 2 copies of their outline statement have been received by the Secretary of State.
3
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s outline statement to the applicant and copy of the applicant’s outline statement to the local planning authority.
4
Where rule 4(2) applies, the local planning authority shall —
a
include in their outline statement —
i
the terms of any direction given together with a statement of the reasons for it; and
ii
any view expressed or representation made on which they intend to rely in their submissions at the inquiry; and
b
within the period mentioned in paragraph (2)(d) send a copy of their outline statement to the person concerned.
5
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to send an outline statement to him, the applicant and the local planning authority and the person shall ensure that they are received by the Secretary of State, the applicant and the local planning authority within 4 weeks of the date of the Secretary of State’s written requirement.
6
The pre-inquiry meeting (or, where there is more than one, the first pre-inquiry meeting) shall be held within 16 weeks of the starting date.
7
The Secretary of State shall give not less than 3 weeks written notice of the pre-inquiry meeting to —
a
the applicant;
b
the local planning authority;
c
any person known at the date of the notice to be entitled to appear at the inquiry; and
d
any other person whose presence at the pre-inquiry meeting appears to him to be desirable;
and he may require the local planning authority to take, in relation to notification of the pre-inquiry meeting, one or more of the steps which he may under rule 12(6) require them to take in relation to notification of the inquiry.
8
The inspector —
a
shall preside at the pre-inquiry meeting;
b
shall determine the matters to be discussed and the procedure to be followed;
c
may require any person present at the pre-inquiry meeting who, in his opinion, is behaving in a disruptive manner to leave; and
d
may refuse to permit that person to return or to attend any further pre-inquiry meeting, or may permit him to return or attend only on such conditions as he may specify.
9
The inspector may at any time hold such other meetings (including pre-inquiry meetings) as he considers necessary for the efficient and expeditious conduct of the inquiry and he shall arrange for such notice to be given of such meetings as appears to him necessary; and paragraph (8) shall apply to such meetings.
10
If the Secretary of State requests any further information from the applicant or the local planning authority at the pre-inquiry meeting, they shall ensure that 2 copies of it have been received by him and a copy has been received by any statutory party within 4 weeks of the conclusion of the pre-inquiry meeting and the Secretary of State shall, as soon as practicable after receipt, send a copy of the further information received from the applicant to the local planning authority and a copy of the further information received from the local planning authority to the applicant.
Receipt of statements of case etc.
7
1
The local planning authority and the applicant shall each ensure that within four weeks from the conclusion of the pre-inquiry meeting 2 copies of their statement of case have been received the Secretary of State and one copy has been received by any statutory party.
2
The local planning authority shall:-
a
include in their statement of case —
i
details of the time and place where the opportunity to inspect and take copies described in paragraph (12) below shall be afforded; and
ii
where rule 4(2) applies, the matters mentioned in rule 6(4)(a)(ii), unless they have already included these in an outline statement; and
b
where rule 4(2) applies, within the period specified in paragraph (1) send a copy of their statement of case to the person concerned.
3
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s statement of case to the applicant and a copy of the applicant’s statement of case to the local planning authority.
4
The applicant and the local planning authority may in writing each require the other to send them a copy of any document, or of the relevant part of any document, referred to in the list of documents comprised in the party’s statement of case; and any such document, or relevant part, shall be sent, as soon as practicable, to the party who required it.
5
the Secretary of State may in writing require any other person, who has notified him of an intention or wish to appear at an inquiry, to send within 4 weeks of being so required —
a
3 copies of their statement of case to him; and
b
a copy of their statement of case to any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the applicant.
6
The Secretary of State shall as soon as practicable —
a
send to a person from whom he requires a statement of case in accordance with paragraph (5), a copy of the statements of case of the applicant and the local planning authority; and
b
inform that person of the name and address of every person to whom his statement of case is required to be sent.
7
The Secretary of State or the inspector may in writing require any person, who has sent to him a statement of case in accordance with this rule, to provide such further information about the matters contained in the statement as he may specify and may specify the time within which the information shall be received by him.
8
A local planning authority or applicant required to provide further information shall ensure that —
a
2 copies of that information in writing have been received by the Secretary of State, or as the case may be the inspector, within the specified time; and
b
a copy has been received by any statutory party within the specified time,
and the Secretary of State, or as the case may be the inspector, shall, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the applicant and copy of the further information received from the applicant to the local planning authority.
9
Any other person required to provide further information shall ensure that —
a
3 copies of that information in writing have been received by the Secretary of State, or as the case may be the inspector, within the specified time; and
b
a copy has been received by any statutory party within the specified time,
and the Secretary of State, or as the case may be the inspector, shall, as soon as practicable after receipt, send a copy of the further information to the local planning authority and the applicant.
10
Any person other than the applicant who sends a statement of case to the Secretary of State shall send with it a copy of —
a
any document; or
b
the relevant part of any document,
referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (12).
11
The Secretary of State shall within 12 weeks of the starting date send a written statement of the matters referred to in rule 6(2)(a)(ii) to —
a
the local planning authority;
b
the applicant;
c
any statutory party; and
d
any person from whom he has required a statement of case.
12
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of —
a
any statement of case, written comments, information or other document a copy of which has been sent to the local planning authority in accordance with this rule; and
b
the local planning authority’s statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the local planning authority pursuant to this rule.
13
If the local planning authority or the applicant wish to comment on another person’s statement of case they shall ensure that within 4 weeks of its receipt —
a
2 copies of their written comments have been received by the Secretary of State; and
b
a copy of their written comments has been received by any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments received from the applicant to the local planning authority and a copy of the written comments received from the local planning authority to the applicant.
14
Any person, who sends a statement of case to the Secretary of State under this rule, and who wishes to comment on another person’s statement of case, shall ensure that not less than 4 weeks before the date fixed for the holding of the inquiry —
a
3 copies of their written comments have been received by the Secretary of State; and
b
a copy of their written comments has been received by any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments to the local planning authority and the applicant.
15
The Secretary of State shall, as soon as practicable after receipt, send to the inspector any statement of case, document or further information or written comments sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
Inquiry timetable
8
1
The inspector shall at a pre-inquiry meeting held in accordance with rule 6 —
a
propose a timetable for the proceedings at, or at part of, an inquiry; and
b
specify the date by which any proof of evidence and summary sent in accordance with rule 15(1) shall be received by the Secretary of State;
and shall give written notice of the date so specified to every person entitled to appear at the inquiry.
2
The inspector shall within 14 days from the date specified under paragraph (1) send to every person entitled to appear at the inquiry a copy of the timetable for the proceedings approved by the Secretary of State.
3
The inspector shall not vary the timetable mentioned in paragraph (2) without the approval of the Secretary of State.
Notification of appointment of assessor
9
Where the Secretary of State appoints an assessor, he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Appointment of technical adviser
10
1
If it appears to the Secretary of State that evidence to be given to the inquiry is, or is likely to be, of such technical or scientific nature that the inquiry would be conducted more efficiently and expeditiously if an expert assessment of that evidence were to be made, he may at any time appoint a technical adviser for that purpose.
2
Where the Secretary of State appoints a technical adviser, he may in writing require the local planning authority to publish by local advertisement and within such period as he may specify, a notice stating the name of the person so appointed and specifying the evidence to be assessed.
3
The technical adviser shall assess the evidence so specified and shall report his assessment in writing to the inspector, identifying any areas of disagreement between the parties and stating his view of the significance of each such disagreement.
4
The inspector shall within 7 days of receipt of the technical adviser’s report send a copy to every person entitled to appear at the inquiry.
5
The technical adviser shall give evidence on his report to the inquiry and shall be subject to cross-examination to the same extent as any other witness.
6
The inspector may allow the technical adviser to alter or add to his report so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any such alteration or addition.
Mediation
11
1
If it appears to the Secretary of State that —
a
there is an absence of agreement between persons entitled to appear at the inquiry on a matter which is relevant to the inquiry;
b
the inquiry would be conducted more efficiently and expeditiously if agreement could be reached in relation to that matter or any disagreement in relation to it could be defined and narrowed; and
c
such a result is capable of being achieved by mediation,
then he may appoint a mediator for that purpose.
2
Where the Secretary of State appoints a mediator, he may in writing require the local planning authority to publish by local advertisement and within such period as he may specify a notice stating the name of the person so appointed and the matter in relation to which he is to mediate.
3
The mediator shall determine the procedure for the mediation.
4
Within 7 days from the conclusion of the mediation, the mediator shall give to the inspector a report describing the mediation procedure and its outcome and the inspector shall upon receipt of that report send a copy to every person entitled to appear at the inquiry.
5
The inspector shall permit any person entitled to appear at the inquiry to address him on the report referred to in paragraph (4), but the mediator shall not give evidence at the inquiry.
Date and notification of inquiry
12
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than 8 weeks after the conclusion of the last pre-inquiry meeting.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date after the end of the period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the applicant 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 an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of a date as it applied to the date originally fixed.
5
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice of any variation as appears to him to be reasonable.
6
The Secretary of State may in writing require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish by local advertisement and in the London Gazette a notice of the inquiry;
b
to send a notice of the inquiry to such persons or classes of persons as he may specify, within such period as he may specify; or
c
to post a notice of the inquiry in such places near to the land, and within such period, as he may specify.
7
Where the land is under the control of the applicant he shall —
a
if so required in writing by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and
b
not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
8
Every notice of inquiry published, sent or posted pursuant to paragraph (6), or affixed pursuant to paragraph (7), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State to determine the application or 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 application or appeal; and
d
details of where and when copies of any documents sent by and copied to the local planning authority pursuant to rule 7 may be inspected.
Appearances at inquiry
13
1
The persons entitled to appear at an inquiry are —
a
the applicant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or district council;
ii
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980 ;
iii
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
iv
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
d
where the land is in an area previously designated as a new town, the Commission for the New Towns;
e
any statutory party;
f
the council of the parish in which the land is situated, if that council made representations to the local planning authority in respect of the application in pursuance of a provision of a development order;
g
where the application was required to be notified to the Commission under section 14 of the Listed Buildings Act, the Commission;
h
any other person who has sent a statement of case in accordance with rule 7(5) or who has sent an outline statement in accordance with rule 6(5).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry, 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.
Representatives of government departments and other authorities at inquiry
14
1
Where —
a
the Secretary of State or the Commission has given a direction described in rule 4(2)(a) or (b); or
b
the Secretary of State or any other Minister of the Crown or any government department, or any body falling within rule 13(1)(c), has expressed a view described in rule 4(2)(c) and the local planning authority have included the terms of the expression of view in a statement sent in accordance with rule 6(2) or 7(2); or
c
another Minister of the Crown or any government department has expressed a view described in rule 4(2)(c) and the Secretary of State has included its terms in a statement sent in accordance with rule 6(2) or 7(11),
the applicant, the local planning authority or a person entitled to appear may, not later than 4 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister, department or body concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, send the application to the other Minister, department or body concerned, who shall make a representative available to attend the inquiry.
3
Any person attending an inquiry as a representative in pursuance of this rule shall state the reasons for the direction or expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or a government department to answer any question which in the opinion of the inspector is directed to the merits of government policy.
Proofs of evidence
15
1
Any person entitled to appear at an inquiry, who proposes to give, or to call another person to give evidence at the inquiry by reading a proof of evidence, shall —
a
send 2 copies, in the case of the local planning authority and the applicant, or 3 copies in the case of any other person, of the proof of evidence together with any written summary, to the Secretary of State; and
b
simultaneously send copies of these to any statutory party,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each proof of evidence together with any summary to the local planning authority and the applicant.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words.
3
The proof of evidence and any summary shall be received by the Secretary of State no later than the date specified by the inspector pursuant to rule 8(1)(b).
4
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any proof of evidence together with any summary sent to him in accordance with this rule and received by him within the relevant period, if any, specified in this rule.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person, required by this rule to send copies of a proof of evidence to the Secretary of State, shall send with them the same number of copies of the whole, or the relevant part, of any document referred to in the proof of evidence, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 7(12).
7
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Statement of common ground
16
1
The local planning authority and the applicant shall —
a
together prepare an agreed statement of common ground; and
b
ensure that the Secretary of State receives it and that any statutory party receives a copy of it not less than 4 weeks before the date fixed for the holding of the inquiry.
2
The local planning authority shall afford to any person who so requests a reasonable opportunity to inspect, and where practicable, take copies of the statement of common ground sent to the Secretary of State.
Procedure at inquiry
17
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
At the start of the inquiry the inspector shall identify the matters determined by the Secretary of State to be the matters to be considered at the inquiry, and any matters on which he requires further explanation from the persons entitled or permitted to appear.
3
Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from referring to matters which they consider relevant to the consideration of the application or appeal but which were not matters identified by the inspector pursuant to that paragraph.
4
Unless in any particular case the inspector otherwise determines, the local planning authority shall begin and the applicant shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
5
A person entitled to appear at an inquiry shall be entitled to call evidence and the applicant, the local planning authority and any statutory party shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (10), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.
6
The inspector may refuse to permit the —
a
giving or production of evidence;
b
cross-examination of persons giving evidence; or
c
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 inquiry.
7
The inspector may refuse to permit the cross-examination of persons giving evidence, or may require such cross-examination to cease, if it appears to him that permitting such cross-examination or allowing it to continue (as the case may be) would have the effect that the timetable referred to in rule 8(2) could not be met.
8
Where a person gives evidence at an inquiry by reading a summary of his proof of evidence in accordance with rule 15(5) —
a
the proof of evidence referred to in rule 15(1) shall be treated as tendered in evidence, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary alone; and
b
the person whose evidence the proof of evidence contains shall then be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
9
The inspector may direct that facilities shall be afforded to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
10
The inspector may —
a
require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner 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 inquiry.
11
The inspector may allow any person to alter or add to a statement of case received by the Secretary of State or him under rule 7 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
12
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
13
The inspector may take into account any written representation or evidence or any other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
14
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
15
Any person who appears at an inquiry and makes closing submissions shall by the close of the inquiry provide the inspector with a copy of their closing submission in writing.
Site inspections
18
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
During an inquiry or after its close, the inspector —
a
may inspect the land in the company of the applicant, the local planning authority and any statutory party; and
b
shall make such an inspection if so requested by the applicant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an accompanied site inspection he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
19
1
After the close of an inquiry, the inspector shall by such date as the Secretary of State may determine 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.
2
Where the Secretary of State determines a date by which the inspector is to report to him, he shall give notice in writing of that determination to the inspector and to all parties entitled to appear at the inquiry.
3
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
4
Where an assessor makes a report in accordance with paragraph (3), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
5
When making his decision the Secretary of State may disregard any written representations, evidence or any other document received after the close of the inquiry.
6
If, after the close of an inquiry, 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 inquiry who appeared at it of his disagreement and the reasons for it; and affording them an opportunity of making 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) of asking for the re-opening of the inquiry.
7
Those persons making written representations or requesting the inquiry to be re-opened under paragraph (5), shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the Secretary of State’s notification under that paragraph.
8
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the applicant or the local planning authority in the circumstances mentioned in paragraph (6) and within the period mentioned in paragraph (7); and where an inquiry is re-opened (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and
b
paragraph (3) to (8) of rule 12 shall apply as if the references to an inquiry were references to a re-opened inquiry.
Notification of decision
20
1
The Secretary of State shall, as soon as practicable, notify his decision on an application or appeal, and his reasons for it, in writing to —
a
all persons entitled to appear at the inquiry who did appear, and
b
any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
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.
3
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall afford him that opportunity.
4
Any person applying to the Secretary of State under paragraph (2) shall ensure that his application is received by the Secretary of State within 4 weeks of the Secretary of State’s determination.
Procedure following quashing of decision
21
1
Where a decision of the Secretary of State on an application or appeal in respect of which an inquiry has been held is quashed in proceedings before any court, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further representations are invited for the purposes of his further consideration of the application or appeal;
b
shall afford to those persons the opportunity of making written representations to him in respect of those matters or of asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be reopened (whether by the same or a different inspector) and if he does so paragraphs (3) to (8) of rule 12 shall apply as if the references to an inquiry were references to a re-opened inquiry.
2
Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Allowing further time
22
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 by virtue of 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.
Additional copies
23
1
The Secretary of State may at any time before the close of an inquiry request from any person entitled to appear additional copies of the following —
a
an outline statement sent in accordance with rule 6;
b
a statement of case or comments sent in accordance with rule 7;
c
a proof of evidence sent in accordance with rule 15; or
d
any other document or information sent to the Secretary of State before or during an inquiry,
and may specify the time within which such copies should be received by him.
2
Any person so requested shall ensure that the copies are received by the Secretary of State within the period specified.
Notices by post
24
Notices or documents required or authorised to be sent under these Rules may be sent by post.
Mayor of London
25
1
In this rule “the Mayor” means the Mayor of London.
2
Where an inquiry is held into an application, or an appeal arising from such an application, in respect of which the Mayor has directed the local planning authority to refuse the application these Rules shall apply subject to the following modifications —
a
in rule 2 —
i
in the definition of the “relevant notice” after “the applicant” insert “, the Mayor”;
ii
in sub-paragraph (a) of the definition of the “starting date” after “the applicant” insert “, the Mayor”;
b
in rule 4 —
i
in paragraph (1)(a) after “inform the Secretary of State” and after “inform the applicant” insert “, the Mayor”;
ii
in paragraph (2) after sub-paragraph (d) insert —
or
e
the Mayor has given to the local planning authority a direction to refuse the application for planning permission.
;
c
in rule 6 —
i
in paragraph (2)(d) after “the applicant” insert “, the Mayor”;
ii
for paragraph (3) substitute —
The Secretary of State shall as soon as practicable after receipt send —
a
copies of the outline statements of the applicant and the Mayor to the local planning authority;
b
copies of the outline statements of the applicant and the local planning authority to the Mayor;
c
copies of the outline statements of the local planning authority and the Mayor to the applicant.
;
iii
in paragraph (5) after both references to “the applicant” insert “, the Mayor”;
iv
in paragraph (10) after the first reference to “from the applicant” insert “, the Mayor”, for “2” substitute “3” and for “send a copy of the further information received from the applicant to the local planning authority and a copy of the further information received from the local planning authority to the applicant” substitute —
send —
a
copies of the further information received from the applicant and the Mayor to the local planning authority;
b
copies of the further information received from the applicant and the local planning authority to the Mayor; and
c
copies of the further information received from the local planning authority and the Mayor to the applicant.
;
d
in rule 7 —
i
in paragraph (1) after “The local planning authority” insert “and the Mayor” and for “2” substitute “3”;
ii
for paragraph (3) substitute —
The Secretary of State shall as soon as practicable after receipt send —
a
copies of the statements of case of the applicant and the Mayor to the local planning authority;
b
copies of the statements of case of the applicant and the local planning authority to the Mayor; and
c
copies of the statements of case of the local planning authority and the Mayor to the applicant.
;
iv
in paragraph (4) for “The applicant and the local planning authority may in writing each require the other” substitute —
Any party required to provide a statement of case pursuant to paragraph (1) may in writing require any other party so required
;
v
in paragraph (5) for “3” substitute “4” and after “the local planning authority” insert “, the Mayor”;
vi
in paragraph (6)(a) after “the applicant” insert “, the Mayor”;
vii
in paragraph (8) after “A local planning authority” insert “, the Mayor”, in sub-paragraph (a) for “2” substitute “3” and for “send a copy of the further information received from the local planning authority to the applicant and copy of the further information received from the applicant to the local planning authority” substitute —
send —
a
copies of the further information received from the applicant and the Mayor to the local planning authority;
b
copies of the further information received from the applicant and the local planning authority to the Mayor; and
c
copies of the further information received from the local planning authority and the Mayor to the applicant.
;
viii
in paragraph (9) for “3” substitute “4” and after “the local planning authority” insert “, the Mayor”;
ix
in paragraph (11) at the end of paragraph (c) delete “and” and after paragraph (d) insert —
and
e
the Mayor.
;
x
in paragraph (13) after the first reference to “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “to the local planning authority and a copy of the written comments received from the local planning authority to the applicant.” substitute —
and the Mayor to the local planning authority, a copy of the written comments received from the applicant and the local planning authority to the Mayor and a copy of the written comments received from the local planning authority and the Mayor to the applicant.
;
xi
in paragraph (14) for “3” substitute “4” and after “to the local planning authority” insert “, the Mayor”;
e
in rule 12(3) after “the applicant” insert “, the Mayor”;
f
in rule 13(1) after paragraph (h) insert —
i
the Mayor in relation to an inquiry arising from an application in respect of which he has given to the local planning authority a direction to refuse the application.
;
g
in rule 14(1) —
i
after paragraph (c) insert —
or
d
the Mayor has given to the local planning authority a direction to refuse the application for planning permission,
; and
ii
after “body concerned” insert “or of the Mayor”;
h
in rule 15 —
i
in paragraph (1)(a) after “the local planning authority” insert “, the Mayor”, for “2” substitute “3” and for “3” substitute “4”; and
ii
in paragraph (1) after “summary to the local planning authority” insert “, the Mayor”;
i
in rule 16(1) after “The local planning authority” insert “, the Mayor”;
j
in rule 17(5) after “the local planning authority” insert “, the Mayor”;
k
in rule 19(8) after “the applicant” insert “, the Mayor”.
Revocation, savings and transitional
26
1
Subject to paragraph (2) any application or appeal to which the Town and Country Planning (Inquiries Procedure) Rules 1992 or the 2000 Rules applied which has not been determined on the date when these Rules come into force shall be continued under the 1992 Rules or the 2000 Rules as the case may be.
2
Where a decision of the Secretary of State on an application or appeal in relation to a major infrastructure project to which the 1992 Rules or the 2000 Rules applied is subsequently quashed in proceedings before any court, these Rules shall apply to any re-determination of the decision.
Irvine of Lairg, C.
26th April 2002


type: legislation

jurisdiction: UK

text:
1
This Instrument may be cited as The Staffordshire County Council Trent and Mersey Canal Bridge Scheme 2001 Confirmation Instrument 2002 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Staffordshire County Council Trent and Mersey Canal Bridge Scheme 2001 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Local Government and the Regions, Great Minster House, 76 Marsham Street, London SW1P 4DR, and at the offices of Staffordshire County Council, PO Box 11, County Buildings, Martin Street, Stafford ST16 2LH.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
J Blackie
Regional Director Government Office for the North East
4th July 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council for the Regulation of Health Care Professionals (Appointment etc.) Regulations 2002 and shall come into force on 10th October 2002.
2
In these Regulations —
“ the Act ” means the National Health Service Reform and Health Care Professions Act 2002;
“chairman” means, unless the context otherwise requires, the chairman of the Council;
“licensing body” means any body that licenses or regulates any profession;
“member” in relation to the Council includes the chairman; and
“public body” means a body established by or under any enactment including an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament.
Disqualification for appointment
2
A person shall be disqualified for appointment as a member of the Council if he —
a
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) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
has —
i
been adjudged bankrupt or had sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled or rescinded; or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors unless he has been discharged in respect of it;
c
is a person whose tenure of office as the chairman, convener, member or director of any public body has been terminated on the grounds that it was not in the interests, or conducive to the good management, of that body that he should continue to hold that office;
d
has been subject to any investigation or proceedings concerning his professional conduct by any licensing body anywhere in the world, where the outcome was adverse;
e
is currently subject to any investigation or proceedings concerning his professional conduct by any licensing body anywhere in the world;
f
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
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; or
h
has previously served as a member of the Council for two consecutive terms of office.
Condition for appointment applicable to all appointments
3
It is a condition for appointment as a member of the Council that the member shall live or work wholly or mainly in the United Kingdom.
Condition of appointment applicable to certain appointments
4
1
Any member of the Council to be appointed under paragraph 4(1)(a) to (c) or (e) of Schedule 7 to the Act shall be a lay person.
2
For the purposes of paragraph (1) a person is a lay person if he —
a
is not a chairman or member of a regulatory body mentioned in section 25(3) of the Act; or
b
is not and never has been a member of the professions regulated by the Pharmacy Act 1954 , the Pharmacy (Northern Ireland) Order 1976 , the Medical Act 1983 , the Dentists Act 1984 , the Opticians Act 1989 , the Osteopaths Act 1993 , the Chiropractors Act 1994 , the Nursing and Midwifery Order 2001 or the Health Professions Order 2001 .
Tenure of members
5
1
Subject to paragraph (3) and regulation 10 (removal from office), the term of office of a member shall be for a period of four years.
2
A member shall, at the end of his term of office, be eligible for re-appointment.
3
A member may resign at any time by giving notice in writing to the Council, and to the person or body that appointed him.
4
Where a member ceases to be a member, the person or body that appointed him shall appoint a member to replace him, and the term of office of that new member shall be for the period specified in paragraph (1).
Election of chairman
6
The election of a chairman, after the first chairman of the Council, shall be conducted in accordance with the procedure set out in the Schedule to these Regulations.
Tenure and removal of chairman
7
1
Subject to paragraph (2), the term of office of a chairman shall be for a period of three years.
2
The chairman shall hold office until —
a
he resigns by giving notice in writing to the Council;
b
he ceases to be a member of the Council; or
c
he is removed from office by a majority vote of the other members of the Council.
3
A member shall not be prevented from being elected chairman merely because he has previously been chairman.
Appointment of deputy-chairman
8
1
The members may appoint one of the members, other than the chairman, to be deputy-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on making the appointment.
2
The deputy-chairman shall hold office until —
a
he resigns by giving notice in writing to the Council;
b
he ceases to be a member of the Council before the remainder of his term as a member expires; or
c
he is removed from office by a majority vote of the other members of the Council.
3
The deputy-chairman shall perform the duties of chairman in any period during which the chairman is suspended under regulation 9 (suspension from office).
4
A member shall not be prevented from being appointed deputy-chairman merely because he has previously been deputy-chairman.
Suspension from office
9
A member shall be suspended from office as a member of the Council in any period during which he is subject to any investigation or proceedings concerning his professional conduct by any licensing body anywhere in the world.
Removal from office
10
A member shall be removed from office as a member of the Council if —
a
he fails to attend any meeting of the Council for a period of three consecutive months without the permission of the Council unless the Council is satisfied that−
i
the absence was due to a reasonable cause; and
ii
the person in question will be able to attend meetings of the Council within such period as the Council considers reasonable;
b
the Council is satisfied that he has become incapable of performing his duties by reason of his physical or mental health;
c
any of paragraphs (a) to (d) or (f) to (h) of regulation 2 becomes applicable to him;
d
he has been suspended under regulation 9 and the outcome of the investigation or proceedings is adverse to him;
e
he ceases to live or work wholly or mainly in the United Kingdom; or
f
he has been appointed under paragraph 4(1)(a) to (c) or (e) of Schedule 7 to the Act and he ceases to be a lay person within the meaning of regulation 4(2).
Committees
11
1
The Council may appoint committees of the Council consisting wholly or partly of members of the Council or wholly of persons who are not members of the Council.
2
A committee appointed under this regulation may appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Council) or wholly of persons who are not members of the Council or the committee.
3
Regulation 2(a) to (g) shall 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 Council.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
17th September 2002


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Taiwan) Order 2002.
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in Part I of the Schedule to this Order and in the Annex constituting an Agreement set out in Part II of that Schedule have been made in relation to the territory of Taiwan with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Taiwan;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Taiwan concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 2002 and shall come into force —
a
for the purposes of regulation 5, on the day after the day on which they are made;
b
for all other purposes, on 1st January 2003.
Amendment of the Jobseeker’s Allowance Regulations
2
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following regulations.
Amendment of regulation 5: exceptions to requirement to be available immediately
3
In regulation 5 —
a
for paragraph (1) there shall be substituted the following paragraph —
1
In order to be regarded as available for employment —
a
a person who has caring responsibilities is not required to be able to take up employment immediately, providing he is willing and able to take up employment on being given 48 hours' notice; and
b
a person who is engaged in voluntary work is not required to be able to take up employment immediately, providing he is willing and able —
i
to take up employment on being given one week’s notice; and
ii
to attend for interview in connection with the opportunity of any such employment on being given 48 hours' notice.
;
b
in paragraph (5) after the words “take up employment immediately, the” there shall be inserted the words “one week,”;
c
after paragraph (5) there shall be inserted the following paragraph —
6
In this regulation “week” means any period of seven consecutive days.
.
Amendment of regulation 12: volunteers
4
For regulation 12 there shall be substituted the following regulation —
12
1
Paragraph (2) applies if in any week a person is engaged in voluntary work and —
a
he has restricted the total number of hours for which he is available in accordance with regulation 7(2), 13(3) or (4) or 17(2); and
b
the hours in which he is engaged in voluntary work fall in whole or in part within his pattern of availability.
2
In determining whether a person to whom this paragraph applies is available for employment no matter relating to his voluntary work shall be relevant providing —
a
on being given one week’s notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to take up employment at times falling within his pattern of availability; and
b
on being given 48 hours' notice, he is willing and able to re-arrange the hours in which he is engaged in voluntary work in order to attend for interview at times falling within his pattern of availability in connection with the opportunity of any such employment; and
c
he complies with the requirements of regulation 6.
3
In paragraph (2) “week” means any period of seven consecutive days.
.
Amendment of regulation 15: circumstances in which a person is not to be regarded as available
5
In regulation 15 before paragraph (c) there shall be inserted the following paragraph —
bc
if he is on paternity leave or ordinary adoption leave by virtue of section 75A of the Employment Rights Act 1996 ;
.
Amendment of regulation 30: circumstances in which a claimant is to be regarded as having good cause for failing to comply with a notification under regulation 23 or 23A
6
In regulation 30(a) after “regulation 5(1)” there shall be inserted “(a) or (b)”.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State
Department for Work and Pensions
12th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Witham, Braintree and Halstead Care Trust (Establishment) Order 2002 and shall come into force on 1 September 2002.
2
In this Order —
“ the Act ” means the National Health Service Act 1977;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the Authority” means the Essex Health Authority;
“the trust” means the Witham, Braintree and Halstead Care Trust established by article 2 of this Order.
Establishment, designation, and operational date of the Primary Care Trust
2
1
There is established a Primary Care Trust to be called the Witham, Braintree and Halstead Primary Care Trust.
2
The trust shall be designated as a Care Trust pursuant to section 45(5) of the Health and Social Care Act 2001.
3
The operational date of the trust shall be 1 October 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Limitations on the exercise of functions by the trust during the preparatory period
4
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into National Health Service contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
5
1
The Authority shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
Signed by authority of the Secretary of State.
Hunt
Parliamentary Under Secretary of State,
Department of Health
29th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Education (QCA Levy)(Amendment) Regulations 2002 and shall come into force on 1st July 2002.
Amendment of regulations
2
1
The Education (QCA Levy) Regulations 2002 shall be amended as follows.
2
In regulation 5(3) before “awards” there shall be inserted “leviable”.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
10th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Protection of Military Remains Act 1986 (Designation of Vessels and Controlled Sites) Order 2002 and shall come into force on 30th September 2002.
2
In this Order any reference to a point is a reference to a point given by co-ordinates based on the World Geodetic System 1984.
Designating vessels
2
Each of the following vessels is designated as a vessel to which the Act applies —
a
the vessel known as the U-12, which sank on or about 5th October 1939;
b
the vessel known as HMS Gloucester, which sank on or about 22nd May 1941;
c
the vessel known as HMS Hood, which sank on or about 24th May 1941;
d
the vessel known as HMS Prince of Wales, which sank on or about 10th December 1941;
e
the vessel known as HMS Repulse, which sank on or about 10th December 1941; and
f
the vessel known as RFA Sir Galahad, which sank on or about 25th June 1982.
Designating controlled sites
3
Each of the following areas is designated as a controlled site —
a
the area within a distance of 100 metres of the point at —
i
Latitude 51° 25.392' North, Longitude 00° 39.172' East, and
ii
Latitude 57° 41.244' North, Longitude 04° 05.310' West;
b
the area within a distance of 200 metres of the point at —
i
Latitude 50° 18.518' North, Longitude 04° 17.984' West,
ii
Latitude 55° 37.747' North, Longitude 05° 00.953' West,
iii
Latitude 58° 55.848' North, Longitude 02° 59.001' West, and
iv
Latitude 58° 51.400' North, Longitude 03° 06.405' West;
c
the area within a distance of 300 metres of the point at —
i
Latitude 53° 05.483' North, Longitude 04° 41.975' West, and
ii
Latitude 59° 07.065' North, Longitude 03° 23.843' East;
d
the area within a distance of 400 metres of the point at —
i
Latitude 49° 50.023' North, Longitude 02° 34,533' West, and
ii
Latitude 50° 13.179' North, Longitude 03° 04.071' West;
e
the area within a distance of 750 metres of the point at Latitude 58° 18.467' North, Longitude 02° 28.938' West.
Signed by authority of the Secretary of State for Defence
Under Secretary of State for Defence
9th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South West London Community 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 South West London Community National Health Service Trust ;
“the new Trust” means the Wandsworth Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 14th March 2002 and on behalf of the new Trust on 24th March 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (England) Regulations 2002, and shall come into force on 1st February 2002.
2
In these Regulations “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
3
These regulations extend to England only.
Amendment of regulation 1 of the principal Regulations
2
1
In regulations 1(2) of the principal Regulations (interpretation), in the definition of “ NHS sight test fee” for the amount “£42.85” substitute “£44.39” and for the amount “£15.52” substitute “£16.08”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th January 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Income Thresholds and Determination of Rates) Regulations 2002 and shall come into force —
a
for the purpose of enabling claims to be made, on 1st August 2002;
b
for the purpose of enabling decisions on claims to be made, on 1st January 2003; and
c
for all other purposes, on 6th April 2003.
2
These Regulations shall have effect for the tax year beginning with 6th April 2003 and subsequent tax years.
Interpretation
2
In these Regulations —
“ the Act ” means the Tax Credits Act 2002;
“the income threshold” has the meaning given by section 7(1)(a) of the Act;
“period of award” shall be construed in accordance with section 5 of the Act;
“the relevant income” has the meaning given by section 7(3) of the Act;
“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next.
Manner in which amounts to be determined for the purposes of section 7(1)(a) of the Act
3
1
This regulation prescribes the manner in which amounts are to be determined for the purposes of section 7(1)(a) of the Act.
2
In the case of a person or persons entitled to working tax credit, the amount in relation to that tax credit is £5,060.
3
In the case of a person or persons entitled to child tax credit, the amount in relation to that tax credit is £13,230.
Social security benefits prescribed for the purposes of section 7(2) of the Act
4
The following are social security benefits prescribed for the purposes of section 7(2) of the Act in relation to child tax credit and working tax credit —
a
income support under Part 7 of the Social Security Contributions and Benefit Act 1992 other than income support to which a person is entitled only by virtue of regulation 6(2) and (3) of the Income Support (General) Regulations 1987 ;
b
income support under Part 7 of the Social Security Contributions and Benefit (Northern Ireland) Act 1992 other than income support to which a person is entitled only by virtue of regulation 6(2) and (3) of the Income Support (General) Regulations (Northern Ireland) 1987 ;
c
an income-based jobseeker’s allowance within the meaning of the Jobseekers Act 1995 or the Jobseekers (Northern Ireland) Order 1995 .
Amounts prescribed for the purposes of section 7(3)(a) and (b) of the Act
5
The amount prescribed for the purposes of section 7(3)(a) and (b) of the Act is £2,500.
Manner of determining the rate at which a person is, or persons are, entitled to a tax credit
6
Regulations 7, 8 and 9 make provision as to the manner of determining the rate (if any) at which a person is, or persons are, entitled to a tax credit in any case where —
a
the relevant income exceeds the income threshold; and
b
his or their entitlement does not arise by virtue of section 7(2) of the Act.
Determination of rate of working tax credit
7
1
In relation to a person or persons entitled to working tax credit, the rate shall be determined by finding the rate for each relevant period and, where necessary, adding together those rates.
2
“Relevant period” means any part of the period of award throughout which —
a
the elements of working tax credit (other than the child care element) to which the person or persons may be entitled, remain the same; and
b
there is no relevant change of circumstances for the purposes of the child care element of working tax credit, within the meaning of regulation 16(1) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (change of circumstances for the purposes of child care element).
3
The rate for each relevant period shall be found in accordance with the following steps —
Step 1 — finding the daily maximum rate for each element other than the child care element
For each element of the tax credit (other than the child care element) to be included in the case of the person or persons entitled to the tax credit, find the daily maximum rate using the following formula —
MR N1
where —
“MR” is the maximum rate in relation to that element for the tax year to which the claim for the tax credit relates;
“N1” is the number of days in that tax year.
Step 2 — finding the maximum rate for the relevant period for each element other than the child care element
For each element of the tax credit to be so included, find the amount produced by multiplying the daily maximum rate (found under Step 1 and rounded up to the nearest penny) by the number of days in the relevant period.
Step 3 — finding the income for the relevant period
Find the income for the relevant period by using the following formula —
I N1 × N2
where —
“I” is the relevant income for the tax year to which the claim for the tax credit relates;
“N1” is the number of days in that tax year;
“N2” is the number of days in the relevant period.
Step 4 — finding the threshold for the relevant period
Find the threshold for the relevant period using the following formula —
£ 5 , 060 N1 × N2
where —
“N1” is the number of days in that tax year;
“N2” is the number of days in the relevant period.
Step 5 — finding the amount of the reduction
Find the amount which is 37% of the amount by which the income for the relevant period (found under Step 3 and rounded down to the nearest penny) exceeds the threshold for the relevant period (found under Step 4 and rounded up to the nearest penny).
Step 6 — reducing the elements of the tax credit (other than any child care element)
If the amount found under Step 5 (rounded down to the nearest penny) is less than or equal to the total of the amounts found under Step 2 for the elements of the tax credit, deduct the amount found under Step 5 (rounded down to the nearest penny) from the total of those amounts found under Step 2.
Step 7 — finding the actual weekly child care costs for the relevant period
Find the relevant child care charges for the relevant period in accordance with regulation 15 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002.
Step 8 — finding the actual child care costs for the relevant period
Multiply the result of Step 7 by 52 N1 × N2.
Here N1 and N2 have the same meanings as in Step 3.
The result of this step is the amount of actual child care costs for the relevant period.
Step 9 — finding the prescribed maximum child care costs for the relevant period
Divide whichever of the maxima in regulation 20(3) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is applicable by 7, round the result up to the nearest penny and multiply the resulting figure by the number of days in the relevant period.
The result of this is the prescribed maximum child care costs for the relevant period.
Step 10 — finding the child care element for the period
Take the lesser of the results of Steps 8 and 9.
Multiply that figure by 70% and round the result up to the nearest penny.
The result of this step is the maximum rate of the child care element for the relevant period.
Step 11 — reducing the elements of the tax credit (including any child care element)
If the amount found under Step 5 (rounded down to the nearest penny) exceeds the total of the amounts found under Step 2 for the elements of the tax credit —
deduct the excess from the amount found under Step 10 for any child care element; and
reduce the total of the amounts found under Step 2 for the other elements of the tax credit to nil.
Step 12 — finding the rate for the relevant period
Add together —
the total of the amounts found under Step 2 for the elements of the tax credit (other than any child care element) after reduction in accordance with Step 6 or Step 11; and
the amount found under Step 10 for any child care element after any reduction in accordance with Step 11.
This is the rate for the relevant period.
4
“Child care element” has the meaning given by section 12(2) of the Act.
Determination of rate of child tax credit
8
1
In relation to a person or persons entitled to child tax credit, the rate shall be determined by finding the rate for each relevant period and, where necessary, adding together those rates.
2
“Relevant period” means —
a
in the case of a person or persons entitled to child tax credit only, any part of the period of award throughout which the maximum rate at which he or they may be entitled to the tax credit remains the same;
b
in the case of a person or persons entitled to both child tax credit and working tax credit, any part of the period of award throughout which the maximum rate of child tax credit to which he or they may be entitled remains the same and both sub-paragraphs (a) and (b) of regulation 7(2) are met.
3
The rate for each relevant period shall be found in accordance with the following steps —
Step 1 — finding the daily maximum rate for each element
For each element of the tax credit to be included in the case of the person or persons entitled to the tax credit, find the daily maximum rate using the following formula —
MR N1
where —
“MR” is the maximum rate in relation to that element for the tax year to which the claim for the tax credit relates;
“N1” is the number of days in that tax year.
Step 2 — finding the maximum rate for the relevant period for each element
For each element of the tax credit to be so included, find the amount produced by multiplying the maximum rate (found under Step 1 and rounded up to the nearest penny) by the number of days in the relevant period.
Step 3 — finding income for the relevant period
Find the income for the relevant period by using the following formula —
I N1 × N2
where —
“I” is the relevant income for the tax year to which the claim for the tax credit relates;
“N1” is the number of days in that tax year;
“N2” is the number of days in the relevant period.
Step 4 — finding the threshold for the relevant period
Find the amount produced by the following formula —
£ 13 , 230 N1 × N2
where —
“N1” is the number of days in that tax year;
“N2” is the number of days in the relevant period.
The threshold for the relevant period is —
in the case of a person or persons entitled to child tax credit only, that amount;
in the case of a person or persons entitled to both child tax credit and working tax credit —
that amount; or
if greater, the lowest amount of income for the relevant period (found under Step 3) which, disregarding regulation 9, would result in a determination in accordance with regulation 7 providing for no rate of working tax credit in his or their case for that period.
Step 5 — finding the amount of the reduction of the elements of the tax credit (other than the family element)
Find the amount (if any) which is 37% of the amount by which the income for the relevant period (found under Step 3 and rounded down to the nearest penny) exceeds the threshold for the relevant period (found under Step 4 and rounded up to the nearest penny).
Step 6 — reducing the elements of the tax credit (other than the family element)
If the amount found under Step 5 (rounded down to the nearest penny) is less than the total of the amounts found under Step 2 for the elements of the tax credit (other than the family element), deduct the amount found under Step 5 (rounded down to the nearest penny) from the total of those amounts.
Step 7 — reducing the elements of the tax credit (other than the family element) to nil
If the amount found under Step 5 (rounded down to the nearest penny) is equal to or exceeds the total of the amounts found under Step 2 for the elements of the tax credit (other than the family element), reduce the total of those amounts to nil.
Step 8 — finding the amount of the reduction of the family element
Find the amount (if any) which is 6.67% of the amount by which the income for the relevant period (found under Step 3 and rounded down to the nearest penny) exceeds —
in any case where the total of the amounts found under Step 2 for the elements of the tax credit (other than the family element) would be reduced in accordance with Step 7 to nil if the relevant income were £50,000 or less, “X”;
in any other case, “Y”;
where —
“X” is the amount found in accordance with Step 9 and rounded up to the nearest penny;
“Y” is the lowest amount of income for the relevant period (found under Step 3 and rounded up to the nearest penny) which would result in the total of the amounts of the elements of the tax credit (other than the family element) being reduced to nil in accordance with Step 7.
Step 9 — finding “X” for the purposes of Step 8
Find “X” using the following formula —
£ 50 , 000 N1 × N2
where —
“N1” is the number of days in that tax year;
“N2” is the number of days in the relevant period.
Step 10 — reducing the family element
Deduct any amount found under Step 8 (rounded down to the nearest penny) from the amount found under Step 2 for the family element.
Step 11 — finding the rate for the relevant period
Add together —
the total of the amounts found under Step 2 for the elements of the tax credit (other than the family element) after any reduction in accordance with Step 6 or Step 7; and
the amount found under Step 2 for the family element after any reduction in accordance with Step 10.
This is the rate for the relevant period.
4
“The family element” means the family element of child tax credit within the meaning given by section 9(3) of the Act.
Cases in which there is no rate of tax credit
9
1
In the case of a person or persons entitled to working tax credit only or child tax credit only, where the rate at which the person or persons would be entitled to the tax credit (as determined in accordance with regulation 7 or 8) would be less than £26.00, there is no rate in his or their case.
2
In the case of a person or persons entitled to both working tax credit and child tax credit, where the total of the rates at which the person or persons would be entitled to the tax credits (as determined in accordance with regulations 7 and 8) would be less than £26.00, there are no rates in his or their case.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2002


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Essex Rivers 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 Essex Rivers Healthcare National Health Service Trust ;
“the new Trust” means the Tendring Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 24th January 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 and commencement
1
This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2002 and shall come into force on 1st January 2003 and shall continue in force until the end of 31st December 2003, when it shall expire.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“immigration advice” and “immigration services” have the same meanings as in section 82 of the Act;
“work permit” has the same meaning as in section 33(1) of the Immigration Act 1971 ;
“immediate family” means a person’s spouse, and children below eighteen years of age;
“ EEA national” means a person to whom the Immigration (European Economic Area) Regulations 2000 apply.
“family member of an EEA national” has the same meaning as in the Immigration (European Economic Area) Regulations 2000.
Exemption of relevant employers
3
1
Subject to paragraph (2), section 84(1) of the Act (provision of immigration services) shall not apply to a person who provides immigration advice or immigration services free of charge to an employee or prospective employee who —
a
is the subject of an application for a work permit submitted by the prospective employer;
b
has been granted a work permit entitling him to work with the employer; or
c
is an EEA national or the family member of an EEA national,
where the immigration advice or immigration services are restricted to matters which concern that employee or prospective employee or his immediate family.
2
For the purposes of paragraph (1), the person providing the immigration advice or immigration services must be the employer or prospective employer of the person receiving the advice or services, or an employee of that employer acting as such.
Beverley Hughes
Parliamentary Under-Secretary of State
Home Office
5th December 2002


text:
1
This Order may be cited as the A6 Trunk Road (Levens Slip Road) (Detrunking) Order 2002 and shall come into force on 1st April 2003.
2
In this Order —
i
“the plan” means the plan, numbered HA 10/OD/337 and marked “The A6 Trunk Road (Levens Slip Road) (Detrunking) Order 2002,” signed by the Secretary of State for Transport and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“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; and
iii
“the trunk road” means the A6 Trunk Road.
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 this Order comes into force.
Signed by authority of the Secretary of State for Transport
Kevin Lasbury
A Divisional Director, Highways Agency
19th September 2002


text:
Citation, commencement, interpretation, and extent
1
1
This Order may be cited as the East Lancashire Hospitals National Health Service Trust (Establishment) and the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust and Burnley Health Care National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st September 2002.
2
In this order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977, and also any service which the Secretary of State has a duty to provide under section 5(1) or (1A) of that Act;
“the dissolution date” means 1st April 2003;
“the establishment date” means the date on which this Order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(c) of Schedule 2 to the Act; and
“the trust” means the East Lancashire Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the East Lancashire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from
a
Blackburn Royal Infirmary, Bolton Road, Blackburn, BB2 3LR,
b
Burnley General Hospital, Casterton Avenue, Burnley, BB10 2PQ,
c
Pendle Community Hospital, Leeds Road, Nelson BB9 9TF,
d
Queen’s Park Hospital, Haslingden Road, Blackburn, BB2 3HH,
e
Rossendale Hospital, Haslingden Road, Rawtenstall, BB4 6NE, and
f
at or from any associated hospitals, establishments, and facilities.
Directors of the trust
4
The trust shall have a chairman, 5 executive directors, and 5 non-executive directors.
Operational and accounting dates of the trust
5
1
The operational date of the trust shall be 1st April 2003.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts,
b
entering into other contracts including contracts of employment; and
c
doing such things as are reasonably necessary to enable the trust to begin operating satisfactorily.
Assistance from Health Authority before operational date
7
1
Between the establishment date and the operational date, the Cumbria and Lancashire Health Authority shall meet the costs of the trust performing its functions by discharging the liabilities of the trust incurred during that period as specified in paragraph (2) which do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman, executive directors, and non-executive directors of the trust;
b
liability for the remuneration and travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from the operational date.
Dissolution of National Health Service trusts
8
On the dissolution date —
a
the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust, which was established by the Blackburn, Hyndburn and Ribble Valley Health Care National Health Service Trust (Establishment) Order 1993; and
b
the Burnley Health Care National Health Service Trust, which was established by the Burnley Health Care National Health Service Trust (Establishment) Order.
are dissolved, and their Establishment Orders are accordingly revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
5th August 2002