text:
Title and commencement
1
These Regulations may be cited as the Dairy Produce Quotas Regulations 2002 and shall come into force on 31st March 2002.
Application
2
These Regulations shall apply in relation to producers, purchasers and other relevant persons in relation to whom the Secretary of State is the relevant competent authority.
Interpretation
3
1
In these Regulations, unless the context otherwise requires —
“agricultural area” includes areas used for the purposes of agriculture within the meaning of section 109(3) of the Agriculture Act 1947 ;
“authorised officer” means a person (whether or not an officer of the Secretary of State) who is authorised by the Secretary of State, either generally or specifically, to act in matters arising under these Regulations and the Community legislation;
“the Commission Regulation ” means a Commission Regulation ( EC ) No. 1392/2001 laying down detailed rules for applying Council Regulations ( EEC ) No. 3950/92 establishing an additional levy on milk and milk products ;
“ Commission Regulation 1756/93 ” means Commission Regulation (EEC) No. 1756/93 fixing the operative events for the agricultural conversion rate applicable to milk and milk products ;
“ Commission Regulation 2562/93 ” means Commission Regulation (EEC) No 2562/93 laying down detailed rules for the application of Regulation (EEC) No. 2055/93 allocating a special reference quantity to certain producers of milk and milk products ;
“Community compensation scheme” means —
the scheme instituted by Council Regulation (EEC) No. 2187/93 providing for an offer of compensation to certain producers of milk and milk products temporarily prevented from carrying out their trade and Commission Regulation (EEC) No. 2648/93 laying down detailed rules for the application of Council Regulation (EEC) No. 2187/93 ;
the scheme instituted by Council Regulation (EC) No. 2330/98 providing for an offer of compensation to certain producers of milk and milk products temporarily restricted in carrying out their trade and Commission Regulation (EC) No. 2647/98 laying down detailed rules for the application of Council Regulation (EC) No. 2330/98 ; or
both those schemes;
“the Community legislation” means the Commission Regulation, the Council Regulation , Council Regulation 2055/93 , Commission Regulation 1756/93 and Commission Regulation 2562/93;
“consent or sole interest notice” means a notice, in relation to a holding or part of a holding, which states that —
the person providing that notice is the occupier of that holding or part of a holding and that no other person has an interest in that holding or part of a holding; or
every person having an interest in that holding or part of a holding, the value of which interest might be reduced by the apportionment or prospective apportionment to which that notice relates, agrees to that apportionment or prospective apportionment;
“the Council Regulation” means Council Regulation (EEC) No. 3950/92 establishing an additional levy in the milk and milk products sectors , as last amended by Commission Regulation (EC) No. 603/2001 adapting the total quantities referred to in Article 3 of Council Regulation (EEC) No. 3950/92 ;
“Council Regulation 2055/93” means Council Regulation (EEC) No. 2055/93 allocating a special reference quantity to certain producers of milk and milk products ;
“cow” includes a heifer that has calved;
“dairy enterprise” means an area stated by the occupier of that area to be run as a self-contained dairy produce business;
“dairy produce” means produce, expressed in kilograms or litres (one kilogram being 0.971 litres), in respect of which levy is payable under the Community legislation;
“delivery” has the same meaning as in Article 9(g) of the Council Regulation, and “deliver” shall be construed accordingly;
“direct sale” means a sale within the terms of Article 9(h) of the Council Regulation;
“direct sales quota” means the quantity of dairy produce which may be sold or transferred free of charge by direct sale from a holding in a quota year without the direct seller in occupation of that holding being liable to pay levy;
“direct seller” means a person who produces milk and treats that milk or processes it to produce milk or milk products on his holding and subsequently sells or transfers that milk or those milk products free of charge without their having been further treated or processed by an undertaking which treats of processes milk or milk products;
“electronic communication” has the same meaning as in the Electronic Communications Act 2000 ;
“eligible heifer” means any heifer which —
at the date of service of a notice referred to in regulation 15(2)(a), was on land subject to that notice; or
at the date of the coming into force of an order referred to in regulation 15(2)(a) or (b), was on land subject to that order,
and calves for the first time on a day which falls —
where that notice or order has effect or is in force for a period which expires on or before the expiry of the quota year during which it is, respectively, served or made, within the period of twelve months immediately preceding the day after the date on which that notice or order ceases to have effect or be in force, as the case may be; and
in any other case, within the quota year during which that notice or order is served or made or at any time thereafter when that notice or order has effect or is in force;
“the General Provisions Regulations ” means the Dairy Produce Quotas (General Provisions) Regulation 2002 ;
“holding” has the same meaning as in Article 9(d) of the Council Regulation;
“interest”, except where used in regulation 21(2), includes a licence to occupy land and the interest of a mortgagee and a trustee, but does not include the interest of a beneficiary under a trust or settlement;
“levy” means the levy payable under the Community legislation and these Regulations to the Secretary of State;
“national reserve” has the meaning given it by regulation 2 of the General Provisions Regulations;
“occupier” includes, in relation to land in respect of which there is no occupier, the person entitled to grant occupation of that land to another, and, during the currency of an interest referred to in regulation 8(5)(a), the person entitled to grant occupation when that interest terminates, and “occupation” shall be construed accordingly;
“producer” has the same meaning as in Article 9(c) of the Council Regulation;
“prospective apportionment” means, in relation to quota on a holding, apportionment of quota pursuant to regulation 10 which will take place if there is a change in occupation of part of a holding to which that prospective apportionment relates (other than a change in respect of which regulation 8(5) applies) within six months of that prospective apportionment;
“purchaser” means a purchaser within the meaning of Article 9(e) of the Council Regulation and, other than in regulation 25(1) and (2) and sub-paragraph (a) of paragraph 11 of Schedule 2, approved by the Secretary of State pursuant to regulation 25;
“purchaser quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser during a quota year without that purchaser being liable to pay levy;
“purchaser special quota” means the quantity of dairy produce which may be delivered by wholesale deliveries against producers' special quota to a purchaser during a quota year without that purchaser being liable to pay levy;
“qualifying cow” means, for the purposes of any quota year, any eligible heifer which calves for the first time at a time when the number of eligible heifers exceeds the replacement number, whether or not the time of such calving falls during that quota year, but an eligible heifer which is a qualifying cow for the purposes of any quota year shall not be a qualifying cow for the purposes of any subsequent quota year;
“qualifying day” means, in respect of any qualifying cow, the day on which it calves and each day or part of a day thereafter during which a notice or order referred to in regulation 15(2) has effect or remains in force, as the case may be;
“quota” means direct sales quota or wholesale quota, as the case may be;
“quota year” means any of the periods of 12 months referred to in Article 1 of the Council Regulation (which concerns the fixing of the levy);
“registered wholesale quota” means wholesale quota registered pursuant to regulation 23(2);
“relevant person” means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier, any person undertaking butterfat testing for purchasers in a laboratory, a processor of milk or milk products, or any other person involved in the buying, selling or supply of milk or milk products obtained directly from a producer or purchaser;
“relevant competent authority” has the meaning given it by regulation 3 of the General Provisions Regulations;
“replacement number” means the nearest integer to 20 per cent of the total number of dairy cows on the land —
subject to a notice referred to in regulation 15(2)(a), as at the date of service of that notice; or
subject to an order referred to in regulation 15(2)(a) or (b), as at the date of the coming into force of that order,
and where 20 per cent of the total number is half way between two integers, the nearest even integer shall be deemed to be the nearest integer;
“Scottish Islands area” means any one of —
the islands of Orkney; or
the islands of Jura, Gigha, Arran, Bute, Great Cumbrae and Little Cumbrae, and the Kintyre peninsula south of Tarbert;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“special quota” means the quota referred to in Article 1(1) of Council Regulation 2055/93;
“submit” means, in relation to a document or information submitted to the Secretary of State, the act of sending that document or information as evidenced by proof of posting or delivery to a courier service, or, if an electronic communication, a record of its dispatch;
“transferee” means —
where quota is transferred with a holding or part of a holding, a person who replaces another as occupier of that holding or part of a holding; and
in any other case, the recipient of a transfer of quota;
“transferor” means —
where quota is transferred with a holding or part of a holding, a person who is replaced by another occupier of that holding or part of a holding; and
in any other case, the person from whom quota is transferred;
“unused quota” means quota remaining unused after any direct sales or wholesale deliveries have been taken into account, adjusted pursuant to Article 4(1) of the Commission Regulation (which concerns the fat content of milk), and “used quota” shall be construed accordingly:
“wholesale delivery” means delivery from a producer to a purchaser; and
“wholesale quota” means the quantity of dairy produce which may be delivered by wholesale delivery to a purchaser from a holding in a quota year without the producer in occupation of that holding being liable to pay levy.
2
In these Regulations any reference to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is capable of being subsequently reproduced.
3
In these Regulations any reference to a numbered regulation or schedule shall be construed as a reference to the regulation or schedule so numbered in these Regulations.
Scottish Islands areas
4
1
Quota registered to direct sellers and producers within any Scottish Islands area can only be used by producers and purchasers against direct sales or wholesale deliveries of milk produced within that Scottish Islands area.
2
Where a direct seller or producer has a part of his dairy enterprise outside the Scottish Islands area, he shall be treated for the purposes of this regulation as a direct seller or producer within any Scottish Islands area if he has 50% or more of his dairy enterprise within the Scottish Islands area.
3
Paragraph (1) shall not apply to the reallocation of quota undertaken in accordance with Schedule 2.
4
In this regulation, “direct seller” and “producers” include a person who occupies land with quota whether or not that person is engaged in the sale or delivery of dairy produce.
Determination of levy
5
For the purposes of Article 2(1) of the Council Regulation (which concerns the calculation of levy), the contribution of producers who make wholesale deliveries towards the levy shall be established, in accordance with the provisions of that Article, at the level of the purchaser.
Milk equivalence of dairy produce
6
1
For the purposes of Article 2(3) of the Commission Regulation (which concerns milk equivalence of dairy produce) the milk equivalence of dairy produce shall be calculated on the basis that each kilogram of dairy produce shall equal such quantity of milk referred to in paragraph (2) as is required to make that kilogram of dairy produce.
2
The milk to which paragraph (1) relates is milk the fat content of which has not been altered since milking.
Adjustment of purchaser quota
7
1
Where any wholesale quota is increased or reduced in accordance with the Community legislation or these Regulations, the purchaser quota of any purchaser to whom that quota is applicable shall be correspondingly increased or reduced.
2
On any transaction to which the second sub-paragraph of Article 2(2) of the Council Regulation (which concerns replacements of purchasers and changes of purchasers by producers) applies, any purchaser whose purchaser quota has been increased by virtue of such a transaction (other than as a result of a temporary transfer of quota under regulation 14) shall submit to the Secretary of State —
a
on or before 14th May in the quota year immediately following the quota year in which that transaction took place, a statement setting out particulars of the transaction; and
b
where appropriate, a declaration made and signed by the producer that the purchaser whose purchaser quota is to decrease has been notified of the particulars set out in the statement referred to in sub-paragraph (a).
3
The statement referred to in paragraph (2)(a) and the declaration referred to in paragraph (2)(b) shall be made in such form as the Secretary of State may reasonably require.
4
Subject to paragraph (5), where during a quota year a producer changes from being registered with one purchaser to being registered with any other purchaser —
a
for the purposes of calculating liability for levy pursuant to regulation 19 in that quota year, any purchaser with whom he is newly registered shall request of the Secretary of State (in such form as the latter may reasonably require) that his purchaser quota be increased by an amount equivalent to such part of that producer’s registered wholesale quota as that producer shall determine;
b
the amount of the increase of purchaser quota determined in accordance with sub-paragraph (a) shall not include the amount of quota necessary to cover the deliveries made by the producer before the date of the change of purchaser, adjusted if necessary in accordance with the second sub-paragraph of Article 4(1) of the Commission Regulation, and such amount of quota shall remain available to the original purchaser;
c
at the beginning of the quota year immediately following the quota year referred to in sub-paragraph (a), the purchaser with whom the producer is newly registered shall have his purchaser quota increased by such part of the producer’s remaining registered wholesale quota as that producer shall determine; and
d
corresponding reductions of the purchaser quota of the original purchaser shall be made, and, where there are adjustments of quota of a producer registered with more than one purchaser, such reductions of purchaser quota shall be made in respect of such of those other purchasers in such proportions as may appear to the Secretary of State to be appropriate in all the circumstances.
5
Where the amount of quota necessary to cover the deliveries made to an original purchaser and referred to in paragraph (4)(b) is affected by an adjustment of the quantity delivered by the producer (being an adjustment in accordance with the second sub-paragraph of Article 4(1) of the Commission Regulation) —
a
in the event that an increase in the original purchaser’s quota is necessary to cover the deliveries made to him by the producer, the original purchaser may apply to the Secretary of State (in such form as the latter may reasonably require) to assess and make such increase, and make a corresponding reduction in the purchaser quota of the purchaser (or purchasers) with whom the producer is newly registered; and
b
in the event that a reduction is capable of being made to the quota of an original purchaser who has more than is necessary to cover the deliveries made to him by the producer, any purchaser with whom the producer is newly registered and who requires an increase in purchaser quota to cover the deliveries made by the producer to him may apply to the Secretary of State (in such form as the latter may reasonably require) to assess and make the appropriate reduction, and make a corresponding increase in the purchaser quota of the purchaser with whom the producer is newly registered,
and in each case upon such application the Secretary of State shall make the assessment requested and the appropriate adjustment.
6
An application under paragraph (5)(a) or (b) shall be made no later than 15th June in the quota year immediately following the quota year during which the producer changed from being registered with the original purchaser to being registered with the other purchaser in question.
Transfer of quota with transfer of land
8
1
For the purposes of Article 7 of the Council Regulation (which concerns the transfer of quota with a holding when the holding is sold, leased, transferred by inheritance or subjected to other cases of transfer involving comparable legal effects for producers), in respect of a transfer of any holding or part of a holding, other than a transfer of a kind to which paragraph (5) or (7) refers, the transferee shall submit to the Secretary of State —
a
a notice of transfer in such form as the Secretary of State may reasonably require —
i
in the case of a transfer made by lease before 1st March, on or before 1st March in the quota year in which the transfer takes place; and
ii
in the case of a transfer made by lease on any date during March or made at any time otherwise than by lease, on or before 31st March in the quota year in which the transfer takes place; and
b
such other information relating to the transfer, and within such time, as the Secretary of State may reasonably require.
2
The notice referred to in paragraph (1)(a) shall, in the case of a transfer of part of a holding, include —
a
statements from the transferor and transferee to the effect that they have agreed that the quota shall be apportioned taking account of the areas used for milk production as specified in the statement or that no such apportionment has been agreed and specifying the amounts of used and unused quota transferred; and
b
where such an apportionment has been agreed, a consent or sole interest notice, provided by the transferor in respect of the entirety of the holding.
3
Where there is a transfer of part of a holding —
a
an apportionment of the quota relating to the holding shall be carried out in accordance with regulation 9; and
b
any dairy produce which has been sold by direct sale or delivered by wholesale delivery from the holding during the quota year in which the change of occupation takes place and prior to that transfer shall be deemed, for the purposes of any levy calculation, to have been sold or delivered from each part of the holding in proportion to that apportionment, unless the parties agree otherwise and notify the Secretary of State, in such form as the Secretary of State may reasonably require, at the time of the submission of the notice or other information pursuant to paragraph (1) of the agreement.
4
A prospective apportionment of quota in respect of a part of a holding may be made in accordance with regulation 10.
5
No person shall transfer quota on a transfer of any holding or part of a holding in the following cases —
a
the grant of —
i
a licence to occupy land; or
ii
a tenancy of any land under which a holding, or part of a holding, is occupied for a period of less than ten months;
b
the termination of a licence or tenancy to which sub-paragraph (a) applies.
6
Where a notice of transfer has not been submitted in accordance with the provisions of paragraph (1)(a), then for the purposes of any levy calculation —
a
the unused quota transferred shall not be treated as a part of the transferee’s quota entitlement for the quota year in which the transfer takes effect but shall be treated as if it remained unused quota available where appropriate for reallocation by the Secretary of State in that quota year in accordance with paragraph 7 of Schedule 2;
b
the notice shall be disregarded by the Secretary of State for the quota year to which it applies and shall not be noted on any register maintained under regulation 23 until the following quota year; and
c
a transferee shall not be entitled to demand that, by reason of such a transfer, an amendment be made to the amount of quota, if any, which has been reallocated to him under Schedule 2 for the quota year in which the transfer takes effect.
7
No person shall transfer quota on a transfer of a holding or part of a holding where the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
Apportionment of quota
9
Subject to regulations 8(5) and (7), 10(4) and (5) and 11, where there is a transfer of part of a holding, and a notice of transfer has been submitted in accordance with regulation 8(1)(a), the apportionment of the quota or special quota relating to that holding shall be carried out —
a
in accordance with the agreed apportionment set out in the notice referred to in regulation 8(1)(a); or
b
where there is no such agreement, by arbitration in accordance with the provisions of Schedule 1.
Prospective apportionment of quota
10
1
The occupier of a holding who intends that a prospective apportionment of quota will be applied to it shall submit to the Secretary of State an application in such form as the Secretary of State may reasonably require, requesting either —
a
that a prospective apportionment of quota relating to the holding be made taking account of areas used for milk production as set out in the application; or
b
that a prospective apportionment of quota be ascertained by arbitration in accordance with Schedule 1.
2
A request for a prospective apportionment of quota may be withdrawn by a notice in writing to the Secretary of State given by the occupier of the holding to which the prospective apportionment relates.
3
Where the occupier of a holding requests that a prospective apportionment be made in accordance with paragraph (1)(a), or gives notice in writing of the withdrawal of such a request in accordance with paragraph (2), that request or notice shall be accompanied by a consent or sole interest notice in respect of the entirety of the holding.
4
Where there is a change of occupation of part of a holding (other than a change to which regulation 8(5) applies) and within the six months preceding that change of occupation —
a
the occupier of that holding has requested a prospective apportionment of quota in respect of that part of the holding and has submitted a notice in accordance with regulation 8(1), indicating that an apportionment of quota has been agreed; or
b
a prospective apportionment of quota relating to that part of that holding has been or is in the process of being made by virtue of Schedule 1,
the apportionment shall be carried out in accordance with paragraph (5).
5
Where quota is apportioned in accordance with this paragraph, the apportionment shall be carried out in accordance with —
a
any prospective apportionment of quota relating to that part of that holding made under paragraph (1) unless the request for that prospective apportionment was withdrawn before the change of occupation to which it relates takes place;
b
if no such prospective apportionment has been made, any prospective apportionment which is in the process of being made under paragraph (1); and
c
in any other case, regulation 9.
Notification by the Secretary of State of apportionment of quota by arbitration
11
1
Where the Secretary of State has reasonable grounds for believing that the areas used for milk production on a holding —
a
are not as specified in a notice or application submitted pursuant to regulation 8 or 10(1) respectively; or
b
were not as agreed between the parties at the time of apportionment in a case where no such notice or application has yet been submitted,
she may give notice of this fact to the person who submitted that notice or application, or in the case where neither was submitted, to the transferee.
2
In any case to which paragraph (1) applies, the apportionment or prospective apportionment of the quota concerned shall be made by arbitration in accordance with Schedule 1.
Transfer of quota without transfer of land
12
1
For the purposes of sub-paragraph (e) of Article 8 of the Council Regulation (which permits the authorisation of a transfer of quota without transfer of the corresponding land with the aim of improving the structure of milk production at the level of the holding), an application for transfer of quota without transfer of land, other than an application for a transfer of a kind to which paragraph (7) refers, may be submitted by the transferee to the Secretary of State for approval, provided that it is submitted no later than ten working days before the intended date of the transfer and that application is in such form as the Secretary of State may reasonably require.
2
The application referred to in paragraph (1) shall include —
a
statements from the transferor and transferee that they have agreed to the transfer of quota, stating the amounts of used and unused quota transferred and explaining how the transfer is necessary to improve the structure of the businesses of the transferor and transferee;
b
a consent or sole interest notice from the transferor in respect of the entirety of the holding from which the quota is to be transferred; and
c
a statement from the transferee that he is in milk production or intends to commence milk production on his holding within six months of the intended date of transfer, with an undertaking that he will continue to be, or will be, in milk production at the end of that six-month period.
3
Where the Secretary of State has received an application pursuant to paragraph (1), she may require that the transferor or transferee shall produce such other information relating to the application, and within such time, as the Secretary of State may reasonably determine.
4
Where an application submitted pursuant to paragraph (1) has been approved by the Secretary of State, she may subsequently withdraw from the transferee, for inclusion in the national reserve, the quota transferred, provided that she —
a
has reasonable grounds to believing that the undertaking provided by the transferee pursuant to paragraph (2)(c) has been breached;
b
is satisfied that there is no justification for releasing the transferee from that undertaking pursuant to paragraph (5);
c
serves on the transferee a notice to this effect;
d
gives the transferee an opportunity to make written representations within such time as the Secretary of State considers reasonable; and
e
considers any such representations;
and the Secretary of State shall transfer that quota to the national reserve until such time as the transferee resumes or commences milk production.
5
Where an application submitted pursuant to paragraph (1) has been approved by the Secretary of State, she may release the transferee from the undertaking provided pursuant to paragraph (2)(c) where the Secretary of State is satisfied that the release is justified in the light of exceptional circumstances which have resulted in the transferee ceasing to be, or failing to become, a producer, and which could not have been avoided or foreseen by the transferee at the time of the submission of the application.
6
The exceptional circumstances referred to in paragraph (5) are —
a
the inability of the transferee to conduct his business for a prolonged period as a result of the onset of ill-health, injury or disability;
b
a natural disaster seriously affecting the holding;
c
the accidental destruction of buildings used for the purposes of milk production;
d
without prejudice to sub-paragraph (e), an outbreak of illness or disease seriously affecting the dairy herd;
e
the serving of a notice or the making of a declaration under an order made pursuant to section 17 of the Animal Health Act 1981 or the adoption of an order pursuant to section 1 of the Food and Environment Protection Act 1985 ;
f
the loss of a significant proportion of the forage area as a result of the compulsory purchase of the holding or part of a holding; and
g
where the transferee is a tenant, the serving of an incontestable notice to quit pursuant to section 26 of, and Schedule 3 to, the Agricultural Holdings Act 1986 .
7
In conformity with sub-paragraph (d) of Article 8 of the Council Regulation (which provides for the determination of regions within which such transfers may be authorized), no application submitted pursuant to paragraph (1) shall be approved by the Secretary of State where the transfer would result in an increase or reduction in the total direct sales quota or total wholesale quota available for use by dairy enterprises located within a Scottish Islands area.
National reserve
13
The Secretary of State may make allocations from the national reserve in accordance with the Community legislation.
Temporary transfer of quota
14
1
For the purposes of Article 6 of the Council Regulation (which concerns the temporary transfer of quota), a producer may agree with any other producer to make a temporary transfer, other than a temporary transfer of a kind to which paragraph (4) refers, of all or part of any unused quota which is registered under regulation 23 as permanently held by him for a period of one quota year to that other producer.
2
The Secretary of State may require a reasonable charge to be paid for the registration of any temporary transfer of quota, provided that the transfer takes place within a quota year in respect of which she has announced before the beginning of that quota year that she intends to make such a charge, in such a manner as she considers likely to come to the attention of producers.
3
Where there is an agreement to make a temporary transfer pursuant to paragraph (1), the transferee shall notify the Secretary of State of the agreement in such form as the Secretary of State may reasonably require, and shall submit the notice, together with any charge payable pursuant to paragraph (2), to reach the Secretary of State no later than 31st March in the quota year in which the agreement is made.
4
No producer shall enter into an agreement to make a temporary transfer pursuant to paragraph (1) which would result in a reduction in the total wholesale quota or total direct sales quota available for use by dairy enterprises located within a Scottish Islands area.
Temporary reallocation of quota
15
1
For the purposes of the reallocation of quota referred to in Article 2(1) of the Council Regulation, the Secretary of State may, for any quota year, award to a producer referred to in paragraph (2) a temporary reallocation of an amount of any surplus quota in accordance with the provisions of this regulation.
2
This regulation shall apply to a producer who has quota registered as his in relation to a holding which —
a
at any time during that quota year is in whole or in part subject to a notice served, or declaration made, under an order made pursuant to section 17 of the Animal Health Act 1981 prohibiting or regulating the movement of dairy cows; or
b
is situated wholly or partly within an area which at any time during that quota year has been designated by an order adopted pursuant to section 1 of the Food and Environment Protection Act 1985.
3
Subject to paragraph (4), a producer referred to in paragraph (2) may be awarded a temporary reallocation of surplus quota for any quota year in which the notice or an order referred to in paragraph (2) has effect or remains in force, as the case may be, and the amount of any such award shall be calculated either —
a
as the amount equal to 16 litres per qualifying cow per qualifying day in any quota year; or
b
as the amount by which in the quota year in question the producer’s production exceeds his quota entitlement,
whichever amount is less.
4
An award to a producer pursuant to paragraph (3) shall not be available in respect of a quota year during which that producer transfers unused quota pursuant to regulation 8 or 12, makes a temporary transfer of quota pursuant to regulation 14, or purchases cows or in-calf heifers for dairy purposes, unless the Secretary of State is satisfied that the agreement to transfer, temporarily transfer or purchase, was entered into before service of the notice, or the coming into force of an order, referred to in paragraph (2).
Special allocation of quota
16
Where, by reason of a mistake made by the Secretary of State, a person has not been allocated any quota, or has been allocated a smaller quantity of any such quota than he would have been allocated if the mistake had not been made, the Secretary of State may allocate to that person from the national reserve such quota as will compensate, in whole or in part, for that mistake.
Conversion of quota
17
1
For the purposes of the provisions of Article 4(2) of the Council Regulation (which concerns changes from direct sales to wholesale delivery and vice versa), the second sub-paragraph of Article 2(2) of the Council Regulation (which concerns replacements of purchasers), and this regulation, a producer may apply to convert, temporarily or permanently, direct sales quota to wholesale quota or wholesale quota to direct sales quota.
2
Where a producer wishes to convert quota permanently or temporarily in any quota year, he shall submit to the Secretary of State an application in such form as the Secretary of State may reasonably require, and such application shall —
a
state the amount (if any) of that producer’s direct sales quota, wholesale quota, direct sales and wholesale deliveries for the quota year in which the application is made, the amount of unused quota which he holds at the time of the application and the amount which he wishes the Secretary of State to convert; and
b
include such other information as the Secretary of State may reasonably require in order to assess whether the requirements of Article 4(2) of the Council Regulation and Article 3 of the Commission Regulation (which concerns representative fat content) are fulfilled.
3
The application referred to in paragraph (2) shall be submitted by the producer to the Secretary of State by —
a
in the case of a permanent conversion of quota, 31st December in the quota year in which the conversion is intended to take effect; or
b
in the case of temporary conversion of quota, 14th May in any year following the end of the quota year in which that temporary conversion of quota takes place.
4
Subject to paragraphs (5) and (6), where a producer has permanently converted quota in any quota year, he shall not subsequently in that quota year transfer out quota, of the type to which he has converted, whether temporarily or otherwise.
5
Where, upon an application to the Secretary of State by a producer who has permanently converted quota in any quota year, the Secretary of State is satisfied that exceptional circumstances of a type described in regulation 12(6) have resulted in a significant fall in milk production or a significant failure to achieve a planned increase in milk production, which, in the opinion of the Secretary of State, could have been neither foreseen nor avoided by the producer at the time of his permanent conversion, she may, in the same quota year in which the permanent conversion occurred, release that producer from the restriction in paragraph (4) to the extent that is required so as to allow the transfer of the amount of quota that the Secretary of State considers has remained unused in the particular case.
6
The restriction in paragraph (4) shall not apply to any producer who, in the immediately preceding quota year, has temporarily converted quota.
Representative fat content of milk
18
A producer who in any quota year comes within the first indent of Article 3(7) of the Commission Regulation (which concerns the representative fat content of milk form certain new producers) may benefit from the negative correction provided for in the third sub-paragraph of Article 4(1) thereof only if, before 1st March in that quota year, he confirms to the Secretary of State that in that quota year he has maintained in his dairy herd breeds of cow with characteristics similar to those in the herd in the first 12 months of production and undertakes to maintain such breeds in his dairy herd for the remainder of that quota year.
Reallocation of quota and calculation of levy liability
19
Schedule 2 shall apply in respect of the reallocation of quota and the calculation of levy liability for the purposes of Article 2(1) of the Council Regulation (which concerns the calculation of levy, whether or not following a reallocation of quota).
Prevention of avoidance of levy
20
1
Subject to paragraph (2), where in any quota year a producer makes sales or deliveries of milk or milk products from milk produced by any cows and subsequently in the same quota year another producer makes sales or deliveries of milk or milk products from milk produced by any or all of the same cows, the second producer shall be deemed for the purposes of these Regulations to have made those sales or deliveries in the capacity of agent for the first producer.
2
Paragraph (1) shall not apply where —
a
an agreement has been entered into by the first producer for the sale or lease of the cows in question or the second producer has inherited them from the first producer; and
b
the cows are kept on the second producer’s holding.
Payment of levy
21
1
In respect of the collection of levy, the Secretary of State shall be the competent authority for the purposes of the Community legislation.
2
For the purposes of Article 2(3) of the Council Regulation and Article 6 of the Commission Regulation (both of which concern payment of levy by direct sellers), or Article 2(2) of the Council Regulation (which concerns payment of levy by purchasers in respect of wholesale deliveries) and the payment of other penalties for which provision is made in Articles 5 and 6 of the Commission Regulation,), the levy and other penalties referred to in those provisions shall be paid to the Secretary of State.
3
Where any part of the levy remains unpaid after 1st September in any year, the Secretary of State may recover from the direct seller or, as the case may be, the purchaser, the amount of the levy outstanding at that date together with interest in respect of each day thereafter until the said amount is recovered at the rate of one percentage point above the sterling three month London interbank offered rate.
4
For the purposes of the third sub-paragraph of Article 2(2) of the Council Regulation (which concerns deduction of levy liability), where a producer making wholesale deliveries to a purchaser exceeds his wholesale quota, following adjustment of that quota where appropriate and in accordance with Article 4(1) of the Commission Regulation, that purchaser may immediately deduct from the sums owed to the producer in respect of the deliveries an amount corresponding to the amount of levy that would otherwise be payable by him in respect of the excess.
Annual statements
22
1
The Secretary of State may, in respect of —
a
any person in whose name any direct sales quota is registered and who fails to submit to the Secretary of State by 14th May in any year any declaration which he is required to forward by Article 6(2) of the Commission Regulation; or
b
any purchaser approved by the Secretary of State pursuant to Article 13(2) of the Commission Regulation and regulation 25 and who fails to submit to the Secretary of State by 14th May in any year any summary which he is required to forward by Article 5(2) of the Commission regulation,
recover a reasonable charge in respect of any visit to any premises which the Secretary of State has reasonably considered that an authorised officer should make in order to obtain the declaration or summary in question.
2
If a purchaser is requested by the Secretary of State to submit to her a revised version of the summary referred to in paragraph (1)(b), he shall submit such a version of the summary revised in the manner requested within ten working days of that request.
Registers to be prepared and maintained by the Secretary of State
23
1
The Secretary of State shall —
a
maintain —
i
a direct sales register, being a register of entries referred to in sub-paragraph (b); and
ii
a register of particulars of direct sales by each direct seller; and
b
prepare a direct sales register entry in respect of each direct seller setting out in particular —
i
his name;
ii
his trading address, or, where there is more than one such address, each such address and his principal trading address;
iii
a reference number which serves to identify him;
iv
the direct sales quota available to him for the quota year excluding the quota referred to in sub-paragraph (v); and
v
quota issued to him as special quota,
and shall send each direct seller a copy of the entry relating to him.
2
The Secretary of State shall —
a
maintain a wholesale register, being a register of entries referred to in sub-paragraph (b); and
b
prepare a wholesale register entry in respect of each producer setting out in particular —
i
his name;
ii
his trading address, or, where there is more than one such address, each such address and his principal trading address;
iii
a reference number which serves to identify him;
iv
the wholesale quota available to him for the quota year excluding the quota referred to in sub-paragraph (v);
v
quota issued to him as special quota; and
vi
a list of the names and addresses of each purchaser whose purchaser quota will be calculated to take into account all or part of that producer’s total wholesale quota, and of the wholesale quota registered with each purchaser, showing the representative fat content base of that quota calculated in accordance with Article 3 of the Commission Regulation,
and shall send to each producer a copy of the entry relating to him and, to each purchaser named on the list referred to in sub-paragraph (vi), a copy of that part of the entry relating to his purchaser quota.
3
The Secretary of State shall —
a
maintain a register of purchaser notices, being a register of notices containing the information specified in sub-paragraph (b); and
b
prepare a purchaser notice in respect of each purchaser setting out —
i
his name;
ii
his purchaser quota; and
iii
his purchaser special quota,
and shall send each purchaser a copy of the notice relating to him.
4
For the purposes of paragraphs (1) and (2), where a holding comprises more than one dairy enterprise, a direct seller or a producer may, on presenting to the Secretary of State a consent or sole interest notice in respect of that holding, agree with the Secretary of State the partition of that holding between separate direct sales register entries or wholesale register entries as specified in the agreement.
5
The Secretary of State may make such enquiries as she reasonably considers to be necessary for the purposes of ensuring the accuracy of the registers which she is required to maintain pursuant to this regulation, and shall amend such registers —
a
to record any allocation or adjustments made under or by virtue of these Regulations; or
b
to make any correction or amendment which she reasonably considers to be necessary,
and, where the Secretary of State makes a correction or amendment, she shall notify any person affected by that correction or amendment.
6
In this regulation, “direct seller” and “producer” include a person who occupies land with quota whether or not that person is engaged in the sale or delivery of dairy produce.
Inspection of entries in the Secretary of State’s registers
24
The Secretary of State may, in response to a request —
a
made in respect of a quota register entry referred to in regulation 23(1) or (2) by any person who is the direct seller or producer identified in that entry, or who gives the Secretary of State a statement in writing that he has an interest in the holding of the producer or direct seller identified in that entry, or by anyone who is the agent of such a person, or
b
made by a purchaser in respect of an entry in the register referred to in regulation 23(3)(b) relating to himself or, provided the request is made with the express written authority of the purchaser in question, relating to a specific purchaser,
on payment of a reasonable charge, supply to the person making the request a copy of that quota register entry.
Approval and registration of purchasers
25
1
For the purposes of Article 13 of the Commission Regulation (which concerns the approval of purchasers), a purchaser shall submit to the Secretary of State an application seeking that purchaser’s approval by the Secretary of State in such form as the latter may reasonably require.
2
An application under paragraph (1) shall state the purchaser’s trading address, or, where there is more than one such address, each such address and his principal trading address.
3
For the purpose of Article 13(2) of the Commission Regulation (which permits Member States to lay down stricter rules on the approval of purchasers), the Secretary of State shall only approve a purchaser where that purchaser —
a
has given an undertaking to the Secretary of State to abide by the provisions of these Regulations and the Community legislation and to comply with that undertaking;
b
has no history of having committed —
i
an irregularity under, or material infringement of, any Community provision relating to a Community aid scheme; or
ii
an offence under an enactment implementing a Community or domestic aid scheme;
and
has, by submitting to the Secretary of State such information as she may reasonably require, demonstrated to the reasonable satisfaction of the Secretary of State that he has a sound financial basis upon which to operate.
4
Each purchaser shall —
a
inform the Secretary of State of —
i
any change in his trading address, or, where there is more than one such address, any change in any such trading address, any additional trading address and any change in his principal trading address; and
ii
any factor or change in circumstances which the Secretary of State might reasonably consider materially to affect any matter that was relevant to her consideration of his application for approval, or which affects his ability to comply with the undertaking referred to in paragraph (3)(a);
b
confirm to each producer supplying him that he is approved and supply on request details of that approval; and
c
notify each producers supplying him if that approval is withdrawn.
Obligations of producers and purchasers with respect to registration and deliveries
26
1
Each direct seller shall register his quota with the Secretary of State.
2
Each producer (within the extended meaning conferred by regulation 23(6)) who holds registered wholesale quota, including any producer who has temporarily ceased or who intends temporarily to cease making wholesale deliveries, shall register his quota with a purchaser and, if making deliveries, shall make them to a purchaser.
3
Each purchaser shall maintain, in respect of all producers whose register entries include that purchaser’s name on the list referred to in regulation 23(2)(b)(vi) —
a
a register corresponding to that maintained by the Secretary of State under regulation 23(2)(b) in respect of that part of his purchaser quota attributable to each of those producers;
b
a register of particulars of wholesale deliveries from each of those producers to that purchaser;
c
the information required by paragraphs 2 to 5 of Article 14 of the Commission Regulation (which concerns the records required in connection with levy assessment); and
d
a system approved by the Secretary of State for sampling the milk of each producer and determining its fat content.
4
Each purchaser shall amend the register referred to in paragraph (3)(a) on each occasion when, under these Regulations, the equivalent register maintained by the Secretary of State is required to be amended in relation to producers registered in that purchaser’s register.
Registers as evidence
27
Any entry in a register or notice required by these Regulations to be maintained by the Secretary of State shall in any proceedings be evidence of the matters stated therein.
Information
28
1
Each purchaser or producer shall provide such information to the Secretary of State as the Secretary of State may reasonably require in order that she is able to perform her functions under these Regulations and the Community legislation.
2
Each purchaser shall submit to the Secretary of State on request, in a form from time to time to be determined by the Secretary of State, such statistics and forecasts relating to deliveries made or to be made to him, as the Secretary of State reasonably may require for the purpose of monitoring deliveries in relation to the total quantity for the United Kingdom referred to in Article 3(2) of the Council Regulation, and any such statistics shall be submitted within three working days of the end of the period to which the statistics relate, and any such forecast shall be submitted within 28 days of receipt by the purchaser of the request to provide that forecast.
3
The Secretary of State shall provide each purchaser with a copy of such records as that purchaser reasonably may require for the purposes of his registration obligations under these Regulations and Article 5 of the Commission Regulation (which concerns the submission of summaries of producers' statements of deliveries or declarations that no deliveries have been received).
Withholding or recovery of compensation
29
Where a producer has submitted an application for compensation in accordance with the Community compensation scheme and it appears to the Secretary of State that the producer has made a false or misleading statement in his application or has failed to comply with any of the requirements of that scheme, the Secretary of State may withhold or recover on demand from that producer the whole or any part of the compensation payable or paid to him.
Keeping and retention of records
30
1
For the purposes of Article 11(1) of the Commission Regulation (which requires Member States to take all necessary measures to ensure that the levy is correctly charged), and without prejudice to regulation 3 of the Common Agricultural Policy (Protection of Community Arrangements) Regulations 1992 , a relevant person shall, in addition to fulfilling any relevant requirement of paragraphs 2 to 5 of Article 14 of the Commission Regulation (which concerns record keeping obligations of purchasers and producers), keep and retain such records, and for such periods, as are specified in Schedule 3.
2
In this regulation, “relevant person” means a producer, a purchaser, any employee or agent of a producer or of a purchaser, any milk haulier, any person undertaking butterfat testing for purchasers in a laboratory, a processor of milk or milk products, or any other person involved in the buying, selling or supply of milk or milk products obtained directly from a producer or purchaser.
Administrative penalties
31
1
Subject to the provisions of Article 13(4) of the Commission Regulation (which confers a discretion on Member States not to impose penalties in certain circumstances) and paragraph (6), purchasers shall be subject to the administrative penalties specified in paragraphs (2) to (4).
2
Where a purchaser fails to submit to the Secretary of State —
a
a statement or declaration concerning the adjustment of purchaser quota in accordance with regulation 7(2);
b
a revised summary of producers' statements in accordance with regulation 22(2); or
c
monthly statistics in accordance with regulation 28(2),
he shall be liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy due on 0.01 per cent of the quantity by volume of milk covered by that statement, declaration or revised summary, or those statistics, per calendar day of the delay in submission.
3
Where a purchaser fails to submit to the Secretary of State pursuant to regulation 22(1) or (2) a summary or revised summary, as the case may be, of producers' statements which is accurate, and thereby causes an overstatement by him of deliveries made to him, he shall be liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy due on 0.5 per cent of the quantity by volume of milk which comprises the overstatement.
4
Where a purchaser fails to maintain accurate and updated records pursuant to Article 14(2) of the Commission Regulation and regulation 31, he shall be liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy due on 0.5 per cent of the quantity by volume of milk concerned.
5
For the purposes of the third sub-paragraph of Article 6(3) of the Commission Regulation (which requires Member States to impose proportionate penalties where producers submit incorrect declarations), and subject to the provisions of Article 6(5) of that Regulation (which confers a discretion on Member States not to impose penalties in certain circumstances) and paragraph (6), where a direct seller submits an annual declaration which overstates the volume of direct sales for the period covered by that declaration, he shall be liable to pay to the Secretary of State a penalty equivalent to the theoretical amount of levy due on 0.5 per cent of the quantity by volume of milk which comprises the overstatement.
6
Notwithstanding the provisions of paragraphs (2) to (5), the penalties referred to therein shall —
a
in the case of purchasers and direct sellers, be £60, where they would otherwise be less than that amount; or
b
in the case of purchasers, be £60,000, and in the case of direct sellers, be £600, where they would otherwise exceed those respective amounts.
Offences and criminal penalties
32
1
Any person who fails without reasonable excuse to comply with a requirement imposed on him by or under these Regulations or the Community legislation, or who, without prejudice to the generality of the foregoing —
a
fails to comply with a requirement made pursuant to regulation 28(1);
b
in connection with these Regulations or the Community legislation —
i
makes or causes to be made a statement, or uses or causes to be used a document, which he knows to be false in a material particular, or
ii
recklessly makes or causes to be made a statement, or recklessly uses or causes to be used a document, which is false in a material particular;
or
disposes of quota which he knows or might reasonably be expected to know is incorrectly registered in his name,
shall be guilty of an offence, and shall be liable —
on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding three months, or to both; or
on conviction on indictment, to a fine, or to imprisonment for a term not exceeding two years, or to both.
2
The Secretary of State may, following any conviction under paragraph (1)(b) against which there is no subsisting right of appeal or further appeal, by notice serviced on the person whose quota that conviction relates withdraw from him such quota as may reasonably be regarded by the Secretary of State as obtained by him by reason of the falsehood upon which the conviction was founded.
3
A notice served under paragraph (2) must be served within the period of twelve months beginning with the first day on which such notice may be served.
4
Where an offence under this regulation which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate shall be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
5
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
In paragraphs (4) and (5) above the references to a “body corporate” include a partnership in Scotland and, in relation to such partnership, any reference to a director or other officer of a body corporate is a reference to a partner.
7
In this regulation “requirement” does not include a requirement or restriction imposed on the Secretary of State or a person acting as arbitrator, nor does it include any restriction or obligation in or under regulation 8(5) or (7), 10(1), 14(4) or 17(2).
Confiscation and restoration of quota
33
1
On or before 14th May following the end of each quota year, each purchaser shall supply to the Secretary of State a list of those producers registered with that purchaser (whether for the whole or part of the quota year) who have not made deliveries to that purchaser during that year.
2
Pursuant to Article 5 of the Council Regulation (which concerns the confiscation and restoration of quota), the Secretary of State shall notify —
a
any producer who from information available to the Secretary of State appears not to have made deliveries or direct sales or a temporary transfer of quota pursuant to regulation 14 during the previous quota year, that his quota has been taken into the national reserve;
b
any direct seller to whom Article 6(4) of the Commission Regulation (which concerns the late submission of declarations) applies that, unless that producer submits to the Secretary of State a declaration under Article 6(1) thereof within 30 days of the notification, his quota will be confiscated to the national reserve.
3
Any quota withdrawn pursuant to Article 5 of the Council Regulation shall be placed in the national reserve with effect from the beginning of the quota year following the quota year for which the list referred to in paragraph (1) was supplied, the quota year for which the declaration indicating no direct sales was made, or the quota year for which no declaration was submitted, as the case may be.
4
Any quota withdrawn pursuant to Article 5 of the Council Regulation may be restored to the producer in respect of the holding from which it was withdrawn within a period of six years from the beginning of the quota year in which it was withdrawn, in accordance with the provisions of this regulation.
5
A producer who receives a notification of confiscation under paragraph (2) above shall —
a
within 28 days of receipt of that notification notify any person with an interest in the land comprised in the holding of the content of that notification; and
b
within six months of receipt of that notification, submit a notification to the Secretary of State, in such form as the Secretary of State may reasonably require for that purpose, as to whether that producer wishes to retain the right to request restoration of the quota, and such a notification shall include —
i
a statement that he is the occupier of the entirety of the holding and that no other person has an interest in all or any of it;
ii
a statement of the agreed apportionment of quota taking account of the areas used for milk production, signed by every person with an interest in the land comprised in the holding; or
iii
a statement requesting apportionment of the quota in accordance with an arbitration under paragraph 1(5), 3(2), 4 and 6 to 34 of Schedule 1.
6
Where a producer has notified the Secretary of State under paragraph 5(b) that he wishes to retain the right to restoration of quota, he may request the Secretary of State to restore to him the quota relating to that holding or part holding provided that the request —
a
is submitted to the Secretary of State by 15th July in the quota year following the quota year to which the request relates; and
b
in the case of confiscation of quota arising from the lack of any declaration being submitted by a direct seller, follows submission of any such declaration.
7
Where a producer has notified the Secretary of State that he wishes to retain the right to restoration of quota and there is a change of occupation of all or part of the holding to which the quota relates, the new occupier may request the Secretary of State to restore to him the quota relating to that holding or part holding, provided that the request is received by the Secretary of State at least six months before the end of the six-year period referred to in paragraph (4) or within six months of the change of occupation, whichever is the earlier.
8
Where quota is restored to part of a holding in respect of which an apportionment of quota has been made in accordance with or under paragraph (5)(b)(ii) or (iii), in accordance with a request made under paragraph (6), or following a change of occupation of part of a holding pursuant to paragraph (7), the amount of quota to be restored to that part shall be determined in accordance with —
a
the apportionment referred to in paragraph (5)(b)(ii) or (iii) and within that apportionment in proportion to the agricultural areas concerned; or
b
where no such apportionment has been carried out, in the same proportion as the agricultural area concerned bears to the total agricultural area of the holding from which quota was withdrawn.
9
Where a producer —
a
fails to submit a notification in accordance with paragraph (5)(b);
b
indicates on the notification submitted under paragraph (5)(b) that he does not wish to retain the right to restoration of quota;
c
fails to request the restoration of quota in accordance with paragraph (6) or (7);
d
having had quota restored to him in accordance with paragraph (6), fails to make deliveries or direct sales of dairy produce from the holding to which the quota relates within six months of his application for the restoration of quota or the end of the six-year period, whichever is the earlier; or
e
having had quota restored to him following a change of occupation referred to in paragraph (7), fails to make deliveries or direct sales of dairy produce from the holding within 18 months of the change of occupation or the end of the six-year period, whichever is the earlier,
the relevant quota shall be taken into the national reserve.
Withdrawal of special quota
34
Where a producer has special quota registered in his name and it appears to the Secretary of State that the producer has made a false or misleading statement in his application for special quota or has failed to comply with the requirements under the Community legislation in relation to special quota, the Secretary of State may withdraw the whole or any part of the special quota.
Revocations
35
1
Subject to paragraph (2), the Regulations specified in Schedule 4 are hereby revoked to the extent specified in that Schedule in so far as they apply to England.
2
Subject to paragraph (3), paragraph (1) shall not affect the continued operation of regulations 30 and 31 of the 1997 Regulations in respect of any requirement imposed by, or anything done in connection with, those Regulations.
3
Any undertaking given pursuant to regulation 11(2)(c) or (d) of the 1997 Regulations shall cease to have effect.
4
In this regulation, “the 1997 Regulations” means the Dairy Produce Quotas Regulations 1997 .
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
1st March 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
This Order may be cited as the National Health Service (Primary Care) Act 1997 (Commencement No. 8) Order 2002.
2
This Order extends to England only.
Appointed day
2
The day appointed for the coming into force of section 41(10) of and paragraph 28 of Schedule 2 to the National Health Service (Primary Care) Act 1997 (minor and consequential amendments) insofar as they relate to the definition of “health service body” is 24th June 2002.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State,
Department of Health
20th June 2002


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) (No. 2) Regulations 2002 and shall come into force on 27th November 2002.
Amendments to Schedule 1
2
1
The Table in Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1998 shall be further amended by the insertion in the columns specified of the entries specified below.
2
In item 9 (Braking), there shall be inserted in the third and fourth columns —
2002/78/EC* L267, 4.10.2002, p.23
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
3rd November 2002


text:
Title, commencement and extent
1
These Regulations may be cited as the Diseases of Fish (Control) (Amendment) (England and Wales) Regulations 2002, extend to England and Wales and come into force on 10th March 2002.
Amendment of the Diseases of Fish (Control) Regulations 1994
2
In so far as they extend to England and Wales, the Diseases of Fish (Control) Regulations 1994 are amended in accordance with the Schedule to these Regulations.
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
11th February 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the Police (Property) (Amendment) Regulations 2002 and shall come into force on 1st October 2002.
2
In these Regulations “the 1997 Regulations ” means the Police (Property) Regulations 1997 .
Amendments to the 1997 Regulations
2
There shall be inserted after regulation 3(a) of the 1997 Regulations:
ab
in relation to the National Crime Squad, the National Crime Squad Service Authority;
.
3
In regulation 5(1) of the 1997 Regulations for the words “section 43 of the Powers of Criminal Courts Act 1973” there shall be substituted “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000”.
4
In regulations 6(5) and 8 of the 1997 Regulations after “Chief Officer of Police” there shall be inserted “, or in the case of property in the possession of the National Crime Squad the Director General of that Squad,”.
5
In regulation 7(3) of the 1997 Regulations for the words “section 43A of the Powers of Criminal Courts Act 1973” there shall be substituted “section 145 of the Powers of Criminal Courts (Sentencing) Act 2000”.
John Denham
Minister of State
Home Office
5th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne and County National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the Eastbourne and County National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the East Sussex County National Health Service Trust instead of the Eastbourne and County National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Eastbourne and County” there shall be substituted “East Sussex County”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
1
This Order may be cited as the A452 Trunk Road (B5011 Ogley Road Junction To The A4041 Queslett Road East/B4138 Thornhill Road Roundabout) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/425 consisting of sheet 1 and marked “The A452 Trunk Road (B5011 Ogley Road Junction To The A4041 Queslett Road East/B4138 Thornhill Road Roundabout) (Detrunking) Order 2002” signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principle road for the purposes of enactments and instruments which refer to highways classified as principle 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 A452 Trunk Road.
3
The length of the trunk road route described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director Highways Agency
26th April 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Employment Act 2002 (Commencement No. 2) Order 2002.
2
In this Order, any reference to a numbered section or Schedule is a reference to the section or Schedule bearing that number in the Employment Act 2002.
Appointed day
2
The day appointed for the coming into force of —
a
section 50 and Schedule 6 (use of information for, or relating to, employment and training);
b
paragraphs 8, 16 and 17 of Schedule 7 and section 53 so far as it relates to those paragraphs;
c
section 54 and Part (1) of Schedule 8 to the extent that they repeal the provisions specified in the Schedule to this Order;
d
section 54 and Part (2) of Schedule 8 to the extent that they revoke paragraph 7 of Schedule 1 to the Social Security Administration (Fraud) (Northern Ireland) Order 1997 ,
shall be 9th September 2002.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th August 2002


text:
Citation, commencement and interpretation
1
1
These rules may be cited as the Land Registration Rules 2002.
2
These rules shall come into force on 2nd December 2002.
3
In these rules —
a
“the principal rules” means the Land Registration Rules 1925 .
b
“the open register rules” means the Land Registration (Open Register) Rules 1991 .
c
“the souvenir rules” means the Land Registration (Souvenir Land) Rules 1972 .
d
a rule referred to by number means the rule so numbered in the principal rules, the open register rules or the souvenir rules as the case may be.
Amendments to the principal rules
2
1
The principal rules have effect subject to the amendments in Schedule 1 to these rules.
2
Schedule 2 to the principal rules has effect subject to the amendments in Schedule 2 to these rules.
Amendments to the open register rules
3
Schedules 1 and 2 to the open register rules have effect subject to the amendments in Schedule 3 to these rules.
Amendment to the souvenir rules
4
The souvenir rules have effect subject to the amendment in Schedule 4 to these rules.
Signed by authority of the Lord Chancellor
Patricia Scotland
Parliamentary Secretary,
Lord Chancellor’s Department
1st October 2002


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Light Dues) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
Amendment of the Merchant Shipping (Light Dues) Regulations 1997
2
Part II of Schedule 2 to the Merchant Shipping (Light Dues) Regulations 1997 shall be amended as follows:
a
in paragraph 1(1)(a), for “£202 plus a payment of £21” there shall be substituted “£190 plus a payment of £20”;
b
in paragraph 1(1)(b), for “£114” there shall be substituted “£110”; and
c
in paragraph 3(1), for the words “and to paragraph (2) below,” to the end there shall be substituted:
, to a maximum charge of £16,000 per voyage and to paragraph (2) below, the amount of light dues per voyage shall be 40 pence per ton.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
6th March 2002


text:
1
1
This Order may be cited as the A596 Trunk Road (Calva Brow Junction, Workington) Order 2002 and shall come into force on 24th May 2002.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/PS/286 marked “The A596 Trunk Road (Calva Brow Junction, Workington) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the Department of Transport, Local Government and the Regions, Deposit Document Service, Floor 13, Ashdown House, St Leonards-on-sea. TN37 3GA.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Divisional Director Highways Agency
8th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tameside and Glossop Community and Priority Services National Health Service Trust (Transfer of Trust Property) No. 2 Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Tameside and Glossop Community and Priority Services National Health Service Trust ;
“the new Trust” means the Tameside and Glossop Acute Services National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of both the old Trust and the new Trust on 23rd November 2001.
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
26th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Arun (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Arun;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Arun (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Arun District Council.
Wards of the district of Arun
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Aldwick
4
1
The existing wards of the parish of Aldwick shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2); and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Bognor Regis
5
1
The existing wards of the parish of Bognor Regis shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Hotham, Marine, Orchard and Pevensey; each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Felpham
6
1
The existing wards of the parish of Felpham shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2); and the number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of Littlehampton
7
1
The existing wards of the parish of Littlehampton shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Beach, Brookfield, Ham, River and Wick with Toddington; each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Rustington
8
1
The existing wards of the parish of Rustington shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2); and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Yapton
9
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
10
Arun District Council shall make a print of the map marked “Map referred to in the District of Arun (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
11
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
12
The District of Arun (Electoral Arrangements) Order 1980 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th October 2002
Glyn Mathias
Commissioner
14th November 2002
Neil McIntosh
Commissioner
14th November 2002
Karamjit Singh
Commissioner
19th November 2002
Sam Younger
Commissioner
19th November 2002
Graham Zellick
Commissioner
28th October 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Care Standards Commission (Children’s Rights Director) Regulations 2002 and shall come into force —
a
for the purposes of paragraph (b) of the definition of “regulated children’s services” in regulation 2(1) of these Regulations, on the day on which section 43 of the Act is wholly or partially brought into force in so far as it relates to relevant adoption functions ;
b
for all other purposes, on 24th May 2002.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations —
“the Act” means the Care Standards Act 2000;
“national minimum standards” means statements of national minimum standards published under section 23 of the Act or section 87C of the 1989 Act ;
“a Part II undertaking” means an establishment or agency in respect of which a person is for the time being required to be registered under Part II of the Act;
“regulated children’s services” means —
any services provided by or in a Part II undertaking which are provided, or are to be provided, in respect of a child;
services provided by a local authority in the exercise of relevant adoption functions ;
services provided by a local authority in the exercise of relevant fostering functions ;
accommodation provided by a school, or by an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992 ), in so far as it is provided in respect of a child;
“relevant regulations” means regulations made under the Act or the 1989 Act and applicable to regulated children’s services.
2
For the purposes of these Regulations, the provider of regulated children’s services is —
a
in relation to services provided by or in a Part II undertaking, the person who carries on the establishment or agency concerned; and
b
in relation to accommodation provided by a school or college, the relevant person as defined in section 87(11) of the 1989 Act .
Functions of the children’s rights director
3
1
The functions of the children’s rights director are —
a
to secure, so far as possible, that the Commission in exercising its functions —
i
safeguards and promotes the rights and welfare of children who are provided with regulated children’s services;
ii
gives proper consideration to the views of children to whom regulated children’s services are provided and to the views of the parents of such children;
b
subject to paragraph (2) of this regulation, to establish, in consultation with such other persons as appear to him to be appropriate —
i
the procedure to be followed by the Commission when considering an application for registration under section 12 of the Act in respect of a Part II undertaking by or in which a regulated children’s service is provided;
ii
the methodology for inspection by persons authorised by the Commission in respect of —
aa
premises used for the purposes of regulated children’s services;
bb
regulated children’s services provided at such premises;
c
to monitor the effectiveness of the procedure and methodology mentioned in sub-paragraph (b) of this paragraph;
d
to advise the Commission from time to time on the numbers, qualifications and experience of staff it is likely to require to discharge its functions in relation to regulated children’s services, and to assist the Commission in the appointment of such staff;
e
to monitor action taken by the Commission to enforce the requirements of the relevant regulations;
f
to provide advice to regional directors with a view to ensuring consistent application throughout England of the relevant regulations and national minimum standards which are applicable to regulated children’s services;
g
to ascertain —
i
the views of children about regulated children’s services provided to them; and
ii
the views of their parents about those services,
and to report such views to the Commission in so far as they are relevant to the discharge by the Commission of its functions;
h
to monitor and review the effectiveness of the arrangements made by the providers of regulated children’s services in accordance with relevant regulations and any national minimum standards in relation to —
i
dealing with complaints and representations made by or on behalf of children about such services;
ii
the raising of concerns by employees of the providers of regulated children’s services about the safety and welfare of children using such services;
iii
ascertaining and responding to the views and wishes of children about the services provided to them;
i
to report, to a police officer or an officer of the local authority for the area in which the service is provided or situated, any cases where he has reasonable cause to suspect that any child to whom regulated children’s services are provided is suffering, or is likely to suffer, significant harm;
j
to ensure that where a complaint about a regulated children’s service is made to the Commission, such action as may be appropriate is taken by the Commission;
k
to report to the Commission and the Secretary of State any significant evidence relating to the rights and welfare of children who are provided with regulated children’s services;
l
to discuss matters relating to the provision of regulated children’s services with such bodies, including voluntary organisations, as appear to him to be appropriate;
m
to report to the Commission about the availability and quality of regulated children’s services;
n
to report to the Commission on the effectiveness of the relevant regulations and of the national minimum standards applicable to regulated children’s services;
o
to publicise the office of children’s rights director and his functions;
p
to assist the Commission from time to time in the preparation of reports including its annual report, in so far as they concern regulated children’s services.
2
The functions set out in paragraph (1) (b) of this regulation are subject to the requirements of —
a
the Act;
b
section 87 of the 1989 Act; and
c
regulations relating to the functions of the Commission in respect of registration and inspection, made under the Act or the 1989 Act .
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
1st May 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (Borough of Colchester) Order 2002 and shall come into force on 1st October 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough of Colchester with the exception of the following roads:
a
the A12 road for the whole of its length within the Borough of Colchester;
b
the A133 road from its junction with the A12 road to its junction with the road known as Cymbeline Way;
c
the A1124 from its junction with the B1408 road, known as London Road, to its junction with the road known as Abbots Lane; and
d
the A120 road for the whole of its length within the Borough of Colchester.
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by Authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
20th August 2002


text:
Citation, commencement and extent
1
1
This Order may be cited as the Rehabilitation of Offenders Act 1974 (Exceptions) (Amendment) Order 2002.
2
This Order shall come into force on the day after the day on which it is made, with the exception of articles 3(3) and 6(2) which shall come into force on the day that section 133(d) of the Police Act 1997 comes into force for England and Wales.
3
This Order extends to England and Wales only.
Amendment of the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975
2
The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 is hereby amended in accordance with the following provisions of this Order.
Amendment of article 3
3
1
In article 3(a)(ii) after the word “paragraph” there shall be inserted the words “12 or”.
2
In article 3(b) the words “the Civil Aviation Authority,” shall be deleted.
3
After article 3(b) there shall be inserted:
bb
any question asked by or on behalf of
i
the Civil Aviation Authority,
ii
any other person authorised to provide air traffic services under section 4 or section 5 of the Transport Act 2000 (in any case where such person is a company, an “authorised company”),
iii
any company which is a subsidiary (within the meaning given by section 736(1) of the Companies Act 1985 ) of an authorised company, or
iv
any company of which an authorised company is a subsidiary,
where, in the case of sub-paragraphs (iii) and (iv) of this paragraph the question is put in relation to the provision of air traffic services, and in all cases, where the question is put in order to assess, for the purpose of safeguarding national security, the suitability of the person to whom the question relates or of any other person for any office or employment where the person questioned is informed at the time the question is asked that, by virtue of this Order, spent convictions are to be disclosed for the purpose of safeguarding national security;
.
4
After article 3(g) there shall be inserted:
h
any question asked by or on behalf of the National Lottery Commission for the purpose of determining whether to grant or revoke a licence under Part I of the National Lottery etc. Act 1993 where the question relates to an individual —
i
who manages the business or any part of the business carried on under the licence (or who is likely to do so if the licence is granted), or
ii
for whose benefit that business is carried on (or is likely to be carried on if the licence is granted),
and where the person to whom the question relates is informed at the time that the question is asked that, by virtue of this Order, spent convictions are to be disclosed.
.
Amendment of article 4
4
In article 4(b) after the word “paragraph” there shall be inserted the words “12 or”.
Amendment of Schedule 1
5
1
In Part I of Schedule 1 after paragraph 12 there shall be inserted:
13
Chartered psychologist.
14
Actuary.
15
Registered foreign lawyer.
16
Legal executive.
17
Receiver appointed by the Court of Protection.
.
2
In Part II of Schedule 1 —
a
for paragraph 2 there shall be substituted:
2
The Director of Public Prosecutions and any office or employment in the Crown Prosecution Service.
;
b
for paragraph 12 there shall be substituted:
12
Any employment or other work which is concerned with the provision of care services to vulnerable adults and which is of such a kind as to enable the holder of that employment or the person engaged in that work to have access to vulnerable adults in receipt of such services in the course of his normal duties.
;
c
after paragraph 14 there shall be inserted:
15
Any employment in the Royal Society for the Prevention of Cruelty to Animals where the person employed or working, as part of his duties, may carry out the killing of animals.
16
Any office or employment in the Serious Fraud Office.
17
Any office or employment in the National Crime Squad or the National Criminal Intelligence Service.
18
Any office or employment in Her Majesty’s Customs and Excise.
19
Any employment which is concerned with the monitoring, for the purposes of child protection, of communications by means of the internet.
.
3
In Part III of Schedule 1 —
a
after paragraph 8 there shall be inserted:
9
Taxi driver.
.
4
In Part IV of Schedule 1 —
a
before the definition of “certified accountant” there shall be inserted:
“actuary” means a member of the Institute of Actuaries or a member or student of the Faculty of Actuaries;
“care services” means
accommodation and nursing or personal care in a care home (where “care home” has the same meaning as in the Care Standards Act 2000 );
personal care or nursing or support for a person to live independently in his own home;
social care services; or
any services provided in an establishment catering for a person with learning difficulties;
;
b
after the definition of “chartered accountant” there shall be inserted:
“chartered psychologist” means a psychologist included in the British Psychological Society’s Register of Chartered Psychologists;
;
c
after the definition of “judicial appointment” there shall be inserted:
“legal executive” means a fellow of the Institute of Legal Executives;
;
d
after the definition of “registered chiropractor” there shall be inserted:
“registered foreign lawyer” has the meaning given by section 89 of the Courts and Legal Services Act 1990 ;
;
e
the definition of “social services” shall be deleted and in its place there shall be inserted:
“taxi driver” means a driver of a hackney carriage vehicle who is required to be licensed by a person pursuant to section 46 of the Town Police Clauses Act 1847 and section 59 of the Local Government (Miscellaneous Provisions) Act 1976 or pursuant to section 8 of the Metropolitan Public Carriage Act 1869 , or a driver of a private hire vehicle who is required to be licensed by a person under section 51 of the Local Government (Miscellaneous Provisions) Act 1976 or the Plymouth City Council Act 1975 ;
;
f
after the definition of “teacher” there shall be inserted:
“vulnerable adult” means a person aged 18 or over who has a condition of the following type:
a substantial learning or physical disability;
a physical or mental illness or mental disorder, chronic or otherwise, including an addiction to alcohol or drugs; or
a significant reduction in physical or mental capacity.
.
Amendment of Schedule 3
6
1
After paragraph 15 of Schedule 3 there shall be inserted:
16
Proceedings held in respect of an application for the grant, renewal or cancellation of a licence to be a taxi driver.
.
2
At the end of Schedule 3 there shall be inserted:
17
Proceedings —
a
before the National Lottery Commission in respect of the grant or revocation of a licence under Part I of the National Lottery etc. Act 1993; or
b
by way of appeal to the Secretary of State against the revocation of any such licence by the National Lottery Commission.
.
Keith Bradley
Minister of State
Home Office
28th February 2002


text:
1
This Order may be cited as the Office of Communications Act 2002 (Commencement No. 1) Order 2002.
2
The following provisions of the Office of Communications Act 2002 shall come into force on 1st July 2002:
section 1, except for subsections (7) and (8);
sections 2 and 3;
the Schedule, except for paragraph 12.
Patricia Hewitt
Secretary of State for Trade and Industry
5th June 2002


text:
1
This Order may be cited as the A38 Trunk Road (Worcestershire/Gloucestershire) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/307 consisting of sheets 1, 2 and 3 and marked “The A38 Trunk Road (Worcestershire/Gloucestershire) (Detrunking) Order 2002,” signed by the authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Floor 13 (IMD), 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 A38 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 the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002