text:
PART 1
General
Citation and commencement
l
1
These Regulations may be cited as the Education (School Information) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to England.
Revocation and Savings
2
1
Subject to paragraph (2), the Education (School Information) (England) Regulations 1998 , the Education (School Information) (England) (Amendment) Regulations 1999 and the Education (School Information) (England) (Amendment) Regulations 2002 are hereby revoked.
2
The Regulations revoked by paragraph (1) shall continue to have effect in relation to the publication school year ending in 2003 and nothing in these Regulations shall have effect in relation to that publication school year.
Interpretation
3
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“admission number” means the number of pupils in any relevant age group intended to be admitted in any school year as determined by an admission authority in accordance with section 89A(1) of the 1998 Act ;
“admission school year” means a school year at the beginning of which pupils are to be admitted to any school;
“appropriate relevant area” means any relevant area (within the meaning of section 89(3) of the 1998 Act) that applies for consultation about the proposed admission arrangements for a school maintained by the relevant authority ;
“assess” means assess pursuant to orders made under section 87(3)(c) of the 2002 Act and “assessment” shall be construed accordingly;
“associated documents” means the documents published by the Stationery Office, setting out any levels of attainment and attainment targets in relation to the core subjects, which documents have effect by virtue of the respective orders made under section 87(2)(a) and (b) of the 2002 Act for those subjects for the time being in force;
“authority” means a local education authority and, in relation to an authority, “the offices” means the education offices;
“composite prospectus” means a composite document required to be published by regulation 8;
“core subjects” means English, mathematics and science;
“ GCE ‘A’ level examinations” and “ GCE ‘AS’ examinations” means General Certificate of Education advanced level and advanced supplementary or advanced subsidiary examinations respectively;
“ GCSE ” means General Certificate of Secondary Education;
“ GNVQ ” means a General National Vocational Qualification;
“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with the net capacity assessment method set out in, the guidance, Assessing the Net Capacity of Schools, issued by the Department for Education and Skills in August 2002 ;
“IT Key Skills Unit” means a qualification known as such and approved by the Secretary of State under section 98 of the 2000 Act for the purpose of section 96 of that Act;
“local average figures” means the average figures for all schools maintained by the relevant authority (other than any special school established in a hospital), and all city technology colleges and city colleges for the technology of the arts and Academies, in the area of that relevant authority;
“looked after children” has the same meaning as in section 22 of the Children Act 1989 ;
“maintained school” except in Part 4 means —
any community, foundation or voluntary school, or
any community or foundation special school which is not established in a hospital, but excludes any nursery school;
“national average figures” means the average figures for all schools in England;
“national summary figures” means the summary figures in respect of National Curriculum assessments of pupils for all schools in England;
“ NC tasks” means National Curriculum standard tasks administered to pupils in the final year of the first key stage pursuant to article 5 of the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999 ;
“NC tests” means National Curriculum tests administered to pupils in, as the case may be, the final year of the second key stage or the final year of the third key stage pursuant to, respectively, article 5 of the Education (National Curriculum) (Key Stage 2 Assessment Arrangements) (England) Order 1999 and article 10 of the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999 ;
“non-maintained special school” means a special school which is not maintained by an authority (and which is not established in a hospital);
“previous school year” means the school year immediately preceding the reporting school year;
“publication school year” means the school year immediately preceding the admission school year;
“public examinations” means public examinations which are for the time being prescribed by regulations made under sections 402, 451, 453 and 454 of the 1996 Act;
“primary education” does not include such education provided at a middle school;
“relevant authority” in relation to a school means the authority which maintains the school;
“reporting school year” means the school year immediately preceding the publication school year;
“school prospectus” means the document described in regulation 14;
“special educational needs” and “special educational provision” have the same meanings as in section 312 of the 1996 Act;
“special school” has the meaning given to it by section 337(1) of the 1996 Act;
“the statutory arrangements” means assessment arrangements specified by orders made under section 87(3)(c) of the 2002 Act;
“teacher assessment” means assessment of a pupil by a teacher as specified in the statutory arrangements;
“unit” in relation to a vocational qualification, means a module or part of a course leading to that qualification which, when successfully completed, can be counted together with other modules or parts towards obtaining that qualification;
“ VCE ” means a vocational certificate of education known as such and accredited by the Qualifications and Curriculum Authority in accordance with its functions set out in section 24(2) of the Education Act 1997 ;
“vocationally related qualification” means a qualification known as such and accredited by the Qualifications and Curriculum Authority in accordance with its functions set out in section 24(2) of the Education Act 1997; and
references to levels and attainment targets are references to, respectively, the levels of attainment of the National Curriculum level scale and attainment targets set out in the associated documents.
2
In these Regulations, any reference to a date up to which parents may express a preference for a school is a reference to the date by which, in accordance with arrangements made by the relevant local education authority under section 86(1) of the 1998 Act, a parent wishing education to be provided for his child in the exercise of the authority’s functions should express such a preference.
3
In these Regulations, references to the first key stage, the second key stage, the third key stage and the fourth key stage are references to the periods set out in paragraphs (a) to (d) of section 82(1) of the 2002 Act.
4
In these Regulations, references to pupils of a particular age are to pupils who attained that age during the period of twelve months ending on the 3lst August immediately preceding the commencement of the reporting school year and who were registered pupils at the school on the third Thursday in January in the reporting school year.
5
In these Regulations —
a
except where otherwise provided, where a percentage which is required to be calculated by virtue of these Regulations is not a whole number it shall be rounded to the nearest whole number, the fraction of one half being rounded upwards to the next whole number;
b
where an average point score which is required to be calculated by virtue of these Regulations is not a whole number, it shall be calculated to one decimal place.
6
In these Regulations, references to examinations for which pupils at the school were entered include examinations for which they were entered otherwise than in pursuance of section 402 of the 1996 Act.
7
For the purposes of these Regulations, any examination for the GCSE for which a pupil aged 15 was entered during the previous school year or any earlier school year shall be treated as such an examination for which the pupil was entered during the reporting school year.
Qualification of duties
4
The duties imposed on a governing body and an authority by virtue of these Regulations in respect of provision, publication or making available information apply only to the extent that that information is available to the governing body or the authority in time for it to be reasonably practicable to provide, publish or make available the information before the latest occasion on which the information is required to be provided, published or made available as the case may be.
PART 2
Provision of Information by Head Teacher
Provision of information by head teacher to governing body
5
For the purpose of enabling the governing body to comply with their obligations under these Regulations, the head teacher of every maintained school shall make available to the governing body information about the matters mentioned in Schedule 3.
PART 3
Information to be Published or Provided by Authorities
Information to be published by authorities
6
1
An authority shall publish information in respect of each of the matters specified in Schedule 1.
2
Where changes in respect of any of those matters have been decided on by the authority but not yet implemented, the authority shall also publish information about those changes.
3
Subject to paragraph (4), an authority may, by agreement with the governing body of a foundation or voluntary aided school, publish the information specified in paragraphs 3 and 5 of Schedule 3 relating to that category of school on behalf of the governing body.
4
Where it is agreed that the authority should publish information on behalf of the governing body, that information shall be provided by the governing body and shall be published without material alteration.
5
This information shall be published as provided in regulation 7.
Time and manner of publication of information by authorities
7
1
This regulation shall apply in relation to the publication by an authority of the information in respect of the matters specified in Schedule 1.
2
Such information and particulars shall be published during the publication school year and, except in so far as they relate exclusively to primary education or special educational provision, they shall be published no later than six weeks before the date up to which parents may express a preference for a school in respect of the admission school year.
3
Subject to paragraphs (4) to (8), such information and particulars shall be published —
a
by copies being made available for distribution without charge to parents on request, and for reference by parents and other persons —
i
at the office of the relevant authority, and
ii
at every school maintained by that authority, other than a nursery school or a special school;
b
by copies being distributed without charge to parents of pupils at schools maintained by the relevant authority, other than nursery schools or special schools, who, in the publication school year, are in the final year at such schools and who might transfer to other schools so maintained; and
c
by copies being made available for reference by parents and other persons at the public libraries in the area of the relevant authority.
4
So far as the information in respect of the matters specified in paragraphs 3, 4 and 5 of Schedule 1 is concerned (schools maintained by the authority), the information in respect of schools in a particular part of the relevant local education authority’s area need not —
a
be made available at offices, schools and libraries outside that part, or
b
be distributed to the parents of pupils who are at schools outside that part,
if information about how it may be obtained is available at those offices, schools and libraries or, as the case may be, is distributed to those parents.
5
Where, in accordance with regulation 8, the authority publishes the information specified in paragraphs 1, 2 and 5 of Schedule 2, the authority shall not also be required, under this regulation, to publish the same information as specified in paragraphs 3, 4 and 5 of Schedule 1.
6
Irrespective of the terminology used, it shall be sufficient compliance with paragraph (3)(a)(ii) if so much of the information and particulars as relates to schools classified as —
a
primary schools,
b
middle schools,
c
secondary schools,
is available only in schools of the classification in question.
7
It shall be sufficient compliance with paragraph (3)(b) if there is published so much of the information and particulars as is relevant having regard to the schools to which pupils in the final year at that school might transfer.
8
So far as the particulars specified in Part 2 of Schedule 1 are concerned (special educational provision), paragraphs (3), (4), (6) and (7) shall not apply but the particulars shall be published —
a
by copies being made available for distribution without charge to parents on request and, for reference by parents and other persons, at the offices of the relevant authority; and
b
by copies being available for reference by parents and other persons —
i
at every school maintained by the relevant authority, and
ii
at the public libraries in the area of that authority.
PART 4
Composite Prospectus of Admission Information
Authority to publish composite prospectuses
8
1
The provisions of this Part apply in relation to maintained schools (as defined by section 84(6) of the 1998 Act).
2
An authority shall publish in a composite document the information specified in Schedule 2, with respect to all maintained schools in the composite prospectus area.
3
For the purposes of this regulation, “the composite prospectus area” comprises —
a
the relevant authority’s area; and
b
all such parts of the appropriate relevant area or appropriate relevant areas as extend beyond that authority’s area.
4
An authority may, if they wish, carry out their obligation under paragraph (2) in either or both of the following ways —
a
by publishing separate composite prospectuses covering respectively primary schools and secondary schools; and
b
by dividing the composite prospectus area into two or more parts and publishing a separate composite prospectus covering respectively schools in each part.
Time and manner of publication of composite prospectus
9
1
A composite prospectus shall be published annually and before 1st October in each publication school year, and in any event no later than six weeks before the date up to which parents may express a preference in respect of the admission school year for any school mentioned in that prospectus.
2
A composite prospectus shall be published —
a
by copies being made available for distribution without charge to parents on request —
i
at the offices of the authority who are publishing it, and
ii
at every school maintained by that authority; and
b
by copies being made available for reference by parents and other persons at the public libraries in that authority’s area.
Provision of information to the authority by governing bodies
10
1
For the purpose of enabling the authority to comply with their obligation under regulation 9, the governing body of every maintained school to be included in a composite prospectus under that regulation shall, in respect of each admission school year, provide to the relevant authority the information specified in Schedule 2 to these Regulations.
2
The information referred to in Schedule 2 shall be provided no later than such time before the time required for publication of the prospectus as the authority may reasonably require.
PART 5
Information to be Published by Governing Bodies
General Information to be published by governing bodies
11
1
Subject to regulation 12, the governing body of a maintained school shall publish as respects that school the information specified in paragraphs 1 to 15 of Schedule 3.
2
Subject to regulation 12, this information shall be published as provided in regulation 14.
Determination of examination results particulars and equivalency between GCSE examinations and vocational qualifications
12
1
The provisions of this regulation have effect for the purpose of determining the information specified in Schedule 3.
2
Subject to paragraph (14), if a pupil has been entered for two or more examinations in the same subject in the same school year by virtue of regulation 3(7), only the examination in which he achieved the higher or highest grade shall be taken into account.
3
In the case of an examination leading to the award of GCSE in two subjects, a pupil shall be included only once in the number of pupils entered for the examination and taken into account only once in calculating the relevant percentages, but each grade awarded to him shall be treated as having been awarded in a separate subject.
4
In the case of any GCSE examination for which pupils aged 15 were entered, the information shall commence with the subjects listed in the first column of Schedule 4 in the order in which they are so listed.
5
For the purposes of this regulation, any GCSE examination in a subject listed in the first column of Schedule 4 is not to be treated as such unless the examination is in a syllabus referred to in the second column opposite that subject.
6
For the purposes of paragraph 12(1)(e) of Schedule 3, where a pupil is awarded a grade in an examination relating to a GCSE short course, he shall be treated as having achieved that grade in half a GCSE subject.
7
For the purposes of paragraph 12(1)(e) and (2) of Schedule 3, questions as to —
a
which vocational qualification award corresponds to which GCSE examination grade, and
b
the equivalency between GCSE examination results and vocational qualifications,
shall be determined in accordance with paragraphs (8) to (13) below.
8
Where a pupil is awarded a Part One GNVQ (Intermediate level), he shall be treated as having achieved A* to C in two GCSE subjects.
9
Where a pupil is awarded a Part One GNVQ (Foundation level), he shall be treated as having achieved grade D to G in two GCSE subjects.
10
Where a pupil is awarded an Intermediate GNVQ, he shall be treated as having achieved grade A* to C in four GCSE subjects.
11
Where a pupil is awarded a Foundation GNVQ, he shall be treated as having achieved grade D to G in four GCSE subjects.
12
Where a pupil is awarded a GNVQ Language Unit (Intermediate level), he shall be treated as having achieved grade A* to C in half a GCSE subject.
13
Where a pupil is awarded a GNVQ Language Unit (Foundation level), he shall be treated as having achieved grade D to G in half a GCSE subject.
14
In the case of a pupil who has been entered for both GCE ‘A’ level and GCE ‘AS’ examinations in the same subject —
a
except in the circumstances described in sub-paragraph (b), only the GCE ‘A’ level examination result shall be taken into account;
b
where the pupil fails to achieve a grade in the GCE ‘A’ level examination but achieves a grade between A and E inclusive in the GCE ‘AS’ examination, only the GCE ‘AS’ examination result shall be taken into account.
15
Subject to paragraph (14), in calculating the number of GCE ‘A’ levels a pupil is entered for, one GCE ‘AS’ shall be treated as the equivalent of half a GCE ‘A’ level.
16
Subject to paragraph (14), for the purpose of determining point scores in GCE ‘A’ level and GCE ‘AS’ examinations, the following grades of achievement equate to the following points, namely:
VCE ‘A’ level double award: grade AA = 240 points; grade AB = 220 points; grade BB =200 points; grade BC = 180 points; grade CC = 160 points; grade CD = 140 points; grade DD = 120 points; grade DE = 100 points, and grade EE = 80 points;
GCE /VCE ‘A’ level: grade A = 120 points; grade B = 100 points; grade C = 80 points; grade D = 60 points; and grade E = 40 points;
GCE/VCE ‘AS’ level: grade A = 60 points; grade B = 50 points; grade C = 40 points; grade D = 30 points; and grade E = 20 points.
Performance information relating to the reporting school year
13
1
This regulation applies where the information relating to the results of assessment, public examination results, vocational qualifications and units and school attendance referred to in paragraphs 9, 10, 11, 12, 13 and 15 of Schedule 3 for assessments undertaken, examinations held, qualifications achieved in, or attendance, during the reporting school year, is not available in time for it to be reasonably practicable to publish the information in accordance with regulation 14.
2
Where this regulation applies, the governing body shall, as soon as practicable after the information in question for the reporting school year is made available to them, and in any event not later than two weeks before the earlier of the two dates referred to in regulation 14(3), publish that information as a supplement to the school prospectus in the manner required by that regulation for the publication of the prospectus.
Publication of school prospectuses
14
1
This regulation applies to the publication by the governing body of a maintained school of information in relation to the school specified in Schedule 3.
2
In the case of any maintained school —
a
such information shall be published in a single document and be identified as the school prospectus and may be combined with any other document whose preparation by the governing body is required by or under any enactment; and
b
copies shall be made available at the school for distribution without charge to parents on request and for reference by parents and other persons.
3
The school prospectus shall be published during the publication school year and, except in the case of a special school, it shall be published not later than six weeks before whichever is the earlier of the following dates —
a
the date by which an application for admission to that school in respect of the admission school year should be made in accordance with the arrangements for admission to that school;
b
the date up to which parents may express a preference for a school in respect of the admission school year.
4
In the case of a special school such information shall also be published by copies being made available at the offices of the relevant authority for distribution without charge to parents on request and reference by parents and other persons.
5
In the case of any maintained secondary school, a copy of the school prospectus shall be provided without charge to the offices in the area served by the school of persons providing career services in accordance with arrangements made, or directions given, under section 10 of the Employment and Training Act 1973 .
PART 6
Supplementary
Supplementary provisions relating to published documents
15
1
This regulation shall apply in relation to any document which contains such information or particulars as are mentioned in the preceding provisions of these Regulations and which is published in accordance with them.
2
Such a document shall state the school year to which the information or particulars in it relate and contain a warning that, although they were correct in relation to that year at a date specified in the document (not being earlier than six months before that of its publication), it should not be assumed that there will be no change affecting the relevant arrangements or some matters particularised —
a
before the start of, or during, the school year in question, or
b
in relation to subsequent school years.
3
If it appears requisite to the governing body in respect of such a document to be published by them or, as the case may be, an authority in respect of such a document to be published by them or on behalf of the governing body, that a translation of such a document in a language other than English should be available, or that a Braille or audio tape version of such a document should be available, it shall be translated into that language or produced in a Braille or audio tape version, as the case may be, and the document so translated or so produced shall be published in such manner as appears to the governing body or authority to be appropriate.
4
Parents shall not be charged for a copy of such a translated document or such a document produced in a Braille or audio type version if they are entitled without charge to a copy of the original document.
David Miliband
Minister of State,
Department for Education and Skills
18th November 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Administration Orders Relating to Insurers) Order 2002 and comes into force on 31st May 2002.
2
In this Order —
“the 1986 Act ” means the Insolvency Act 1986 ;
“section 23 meeting” means a meeting held under section 23 of the 1986 Act.
Meaning of insurer in section 360 of the Financial Services and Markets Act 2000
2
In article 2 of the Financial Services and Markets Act 2000 (Insolvency) (Definition of “Insurer”) Order 2001 , omit the words “except section 360 (administration orders in relation to insurers),”.
Modification of Part II of the 1986 Act in relation to insurers
3
Part II of the 1986 Act (administration orders) applies in relation to insurers with the modifications specified in the Schedule to this Order, and accordingly section 8(5)(a) of that Act does not preclude the making of an administration order in relation to an insurer.
Modification of the Insolvency Rules 1986 in relation to insurers
4
The Insolvency Rules 1986 , so far as they give effect to Part II of the 1986 Act, have effect in relation to insurers with the modification that in Rule 2.9(1) of those Rules (the hearing) there is inserted after sub-paragraph (a) the following sub-paragraph —
aa
the Financial Services Authority;
.
Mutual credit and set-off
5
Where an insurer, in relation to which an administration order has been made, subsequently goes into liquidation, sums due from the insurer to another party are not to be included in the account of mutual dealings rendered under rule 4.90 of the Insolvency Rules 1986 (mutual credit and set-off) if, at the time they became due, a petition had been presented to the court under section 9 of the 1986 Act (application for an administration order) in relation to the insurer.
Anne McGuire
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd May 2002
I consent
Patricia Hewitt
Secretary of State
Department of Trade and Industry
2nd May 2002


text:
1
This Order may be cited as the Local Authority Remands (Electronic Monitoring of Conditions) (Responsible Officer) Order 2002 and shall come into force on 22nd April 2002.
2
In this Order —
“curfew condition” means a condition imposed on a child or young person under section 23(7) of the Children and Young Persons Act 1969 by a court remanding him to local authority accommodation that he remain, for periods specified in the condition, at a place so specified;
“electronic monitoring condition” means a condition imposed on a child or a young person under section 23(7) of the Children and Young Persons Act 1969 for the purpose of securing the electronic monitoring of his compliance with any other condition imposed on him by a court remanding him to local authority accommodation;
“police area” means a police area established under section 1 of the Police Act 1996 ;
“responsible officer” means the person responsible under section 23AA(6) of the Children and Young Persons Act 1969 for the monitoring, where an electronic monitoring condition is imposed.
3
Where an electronic monitoring condition is imposed for the purpose of securing compliance with a condition which relates to a place or area in a police area specified in Schedule 1 to this Order, the responsible officer shall be an employee of Premier Monitoring Services Limited of Berkshire Court, Western Road, Bracknell, Berkshire, RG12 1RE.
4
Where an electronic monitoring condition is imposed for the purpose of securing compliance with a condition which relates to a place or area in a police area specified in Schedule 2 to this Order, the responsible officer shall be an employee of Securicor Custodial Services Limited of Sutton Park, 15 Carshalton Road, Sutton, Surrey, SM1 4LD.
5
Where an electronic monitoring condition is imposed for the purpose of securing compliance with a condition which relates to a place or area in a police area specified in Schedule 3 to this Order, the responsible officer shall be an employee of Reliance Secure Task Management Limited of Boundary House, Cricketfield Road, Uxbridge, Middlesex, UB8 1QG.
6
1
This article applies where:
a
an electronic monitoring condition is imposed for the purpose of securing compliance with more than one condition;
b
the conditions relate to different places or areas;
c
the places or areas are in different police areas; and
d
the police areas are specified in different Schedules to this Order.
2
If one of the conditions is a curfew condition, then articles 3 to 5 have effect as if the electronic monitoring condition was imposed solely for the purpose of securing compliance with the curfew condition.
3
In any other case, the court shall choose whichever of the police areas referred to in paragraph 1 (c) as it thinks fit and the responsible officer shall be of the description which would be specified in articles 3 to 5 if the electronic monitoring condition was imposed for the purpose of securing compliance with conditions which related solely to places or areas within that police area.
Keith Bradley
Minister of State
Home Office
26th March 2002


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Discretionary Expenditure Limits) (England) Order 2002 and shall come into force on 31st March 2003.
Expenditure limits
2
For the purposes of section 137(4)(a) of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised), the sum of £5.00 is specified as the sum appropriate to a parish council in England .
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
19th November 2002


text:
Citation and commencement
1
These Rules may be cited as the Insolvency (Amendment) Rules 2002 and shall come into force on 31st May 2002.
Interpretation
2
In these Rules, references to “the principal Rules” are references to the Insolvency Rules 1986 and a Rule referred to by number alone means the Rule so numbered in the principal Rules.
Amendments to the Insolvency Rules 1986
3
1
The principal Rules are amended as provided in these Rules.
2
Anything done before 31st May 2002 under or for the purposes of any provision of the principal Rules is not invalidated by the amendment of that provision by these Rules, but it has effect as if done under or for the purposes of the provision as amended.
Amendments to the Insolvency Rules 1986 in relation to Company Voluntary Arrangements
4
1
In Rule 1.1(2)(d) (scope of this Part; interpretation) for “5 and 6” substitute —
5, 6, 7 and 8
.
2
In Rule 1.3(2) (contents of proposal) —
a
at the end of sub-paragraph (o) omit “and”; and
b
in sub-paragraph (p) after “in relation to the company” insert —
; and
whether the EC Regulation will apply and, if so, whether the proceedings will be main proceedings, secondary proceedings or territorial proceedings
.
3
In Rule 1.24(2)(c) (report of meetings) —
a
at the end of sub-paragraph (c) omit “and”; and
b
after sub-paragraph (c) insert —
ca
state whether, in the opinion of the supervisor, (i) the EC Regulation applies to the voluntary arrangement and (ii) if so, whether the proceedings are main proceedings, secondary proceedings or territorial proceedings; and
.
4
After Rule 1.30 (false representations, etc ) insert —
CHAPTER 7
EC Regulation — Conversion of Voluntary Arrangement into Winding up
Application for conversion into winding up
1.31
1
Where a member State liquidator proposes to apply to the court for the conversion under Article 37 of the EC Regulation (conversion of earlier proceedings) of a voluntary arrangement into a winding up, an affidavit complying with Rule 1.32 must be prepared and sworn, and filed in court in support of the application.
2
An application under this Rule shall be by originating application.
3
The application and the affidavit required under this Rule shall be served upon —
a
the company; and
b
the supervisor.
Contents of affidavit
1.32
1
The affidavit shall state —
a
that main proceedings have been opened in relation to the company in a member State other than the United Kingdom;
b
the deponent’s belief that the conversion of the voluntary arrangement into a winding up would prove to be in the interests of the creditors in the main proceedings;
c
the deponent’s opinion as to whether the company ought to enter voluntary winding up or be wound up by the court; and
d
all other matters that, in the opinion of the member State liquidator, would assist the court —
i
in deciding whether to make such an order, and
ii
if the court were to do so, in considering the need for any consequential provision that would be necessary or desirable.
2
An affidavit under this Rule shall be sworn by, or on behalf of, the member State liquidator.
Power of court
1.33
1
On hearing the application for conversion into winding up the court may make such order as it thinks fit.
2
If the court makes an order for conversion into winding up the order may contain all such consequential provisions as the court deems necessary or desirable.
3
Without prejudice to the generality of paragraph (1), an order under that paragraph may provide that the company be wound up as if a resolution for voluntary winding up under section 84 were passed on the day on which the order is made.
4
Where the court makes an order for conversion into winding up under paragraph (1), any expenses properly incurred as expenses of the administration of the voluntary arrangement in question shall be a first charge on the company’s assets.
CHAPTER 8
EC Regulation — Member State Liquidator
Interpretation of creditor and notice to member State liquidator
1.34
1
This Rule applies where a member State liquidator has been appointed in relation to the company.
2
Where the supervisor is obliged to give notice to, or provide a copy of a document (including an order of court) to, the court, the registrar of companies or the official receiver, the supervisor shall give notice or provide copies, as appropriate, to the member State liquidator.
3
Paragraph (2) is without prejudice to the generality of the obligations imposed by Article 31 of the EC Regulation (duty to cooperate and communicate information)
.
Amendments to the Insolvency Rules 1986 in relation to Administration
5
1
In Rule 2.3(1) (contents of affidavit) —
a
at the end of sub-paragraph (a) omit “and”; and
b
in sub-paragraph (b) after “administration order” insert —
; and
whether, in the opinion of the deponent, (i) the EC Regulation will apply and (ii) if so, whether the proceedings will be main proceedings, secondary proceedings or territorial proceedings
.
2
In Rule 2.6(2) (persons served with petition) after sub-paragraph (b) insert —
ba
if a member State liquidator has been appointed in main proceedings in relation to the company, on him;
.
3
In Rule 2.9(1) (appearances at hearing) —
a
at the end of sub-paragraph (f) omit “and”; and
b
after sub-paragraph (f) insert —
fa
if a member State liquidator has been appointed in main proceedings in relation to the company, he;
.
4
In Rule 2.16(1) (statement to be annexed to proposals) —
a
at the end of sub-paragraph (f) omit “and”; and
b
after sub-paragraph (f) insert —
fa
whether (i) the EC Regulation applies and (ii) if so, whether the proceedings are main proceedings, secondary proceedings or territorial proceedings; and
.
5
In Rule 2.22 (entitlement to vote) —
a
in paragraph (1)(a) for “he claims to be due to him from the company” substitute —
i
he claims to be due to him from the company, or
ii
in relation to a member State liquidator, is claimed to be due to creditors in proceedings in relation to which he holds office
,
b
after paragraph (5) insert —
6
No vote shall be cast by virtue of a claim more than once on any resolution put to the meeting.
7
Where —
a
a creditor is entitled to vote under this Rule,
b
has lodged his claim in one or more sets of other proceedings, and
c
votes (either in person or by proxy) on a resolution put to the meeting,
only the creditor’s vote shall be counted.
8
Where —
a
a creditor has lodged his claim in more than one set of other proceedings, and
b
more than one member State liquidator seeks to vote by virtue of that claim,
the entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.
9
For the purposes of paragraph (6), the claim of a creditor and of any member State liquidator in relation to the same debt are a single claim.
10
For the purposes of paragraphs (7) and (8), “other proceedings” means main proceedings, secondary proceedings or territorial proceedings in another member State.
.
6
After Rule 2.31(5) (conduct of meetings) insert —
5A
Paragraph (5) does not apply where the laws of a member State and not the laws of England and Wales apply in relation to the conduct of the meeting.
5B
Where paragraph (5A) applies, subject as above, the meeting shall be summoned and conducted in accordance with the constitution of the company and the laws of the member State referred to in that paragraph shall apply to the conduct of the meeting.
.
7
After Rule 2.53(3) (resignation of administrator) insert —
4
Where the administrator gives notice under paragraph (3), he must also give notice to a member State liquidator, if such a person has been appointed in relation to the company.
.
8
After Rule 2.58 (preservation of VAT Bad Debt relief certificate) insert —
CHAPTER 7
EC Regulation — Conversion of Administration into Winding up
Application for conversion into winding up
2.59
1
Where a member State liquidator proposes to apply to the court for the conversion under Article 37 of the EC Regulation (conversion of earlier proceedings) of an administration into a winding up, an affidavit complying with Rule 2.60 must be prepared and sworn, and filed in court in support of the application.
2
An application under this Rule shall be by originating application.
3
The application and the affidavit required under this Rule shall be served upon —
a
the company; and
b
the administrator.
Contents of affidavit
2.60
1
The affidavit shall state —
a
that main proceedings have been opened in relation to the company in a member State other than the United Kingdom;
b
the deponent’s belief that the conversion of the administration into a winding up would prove to be in the interests of the creditors in the main proceedings;
c
the deponent’s opinion as to whether the company ought to enter voluntary winding up or be wound up by the court; and
d
all other matters that, in the opinion of the member State liquidator, would assist the court —
i
in deciding whether to make such an order, and
ii
if the court were to do so, in considering the need for any consequential provision that would be necessary or desirable.
2
An affidavit under this Rule shall be sworn by, or on behalf of, the member State liquidator.
Power of court
2.61
1
On hearing the application for conversion into winding up the court may make such order as it thinks fit.
2
If the court makes an order for conversion into winding up the order may contain all such consequential provisions as the court deems necessary or desirable.
3
Without prejudice to the generality of paragraph (1), an order under that paragraph may provide that the company be wound up as if a resolution for voluntary winding up under section 84 were passed on the day on which the order is made.
CHAPTER 8
EC Regulation — Member State Liquidator
Interpretation of creditor and notice to member State liquidator
2.62
1
This Rule applies where a member State liquidator has been appointed in relation to the company.
2
For the purposes of the Rules referred to in paragraph (3) the member State liquidator is deemed to be a creditor.
3
The Rules referred to in paragraph (2) are Rules 2.18(1) (notice of creditors' meeting), 2.19(4) (creditors' meeting), 2.21 (requisitioning of creditors' meeting), 2.22 (entitlement to vote), 2.23 (admission and rejection of claims), 2.24 (secured creditors), 2.25 (holders of negotiable instruments), 2.26 (retention of title creditors), 2.27 (hire-purchase, conditional sale and chattel leasing agreements), 2.30 (notice of result of creditors' meeting), 2.32(2) (creditors' committee), 2.39(1)(b) and (c) (termination of membership of creditors' committee), 2.41(3) (vacancies in creditors' committee), 2.49(3) (administrator’s remuneration — recourse to court) and 2.50 (challenge to administrator’s remuneration).
4
Paragraphs (2) and (3) are without prejudice to the generality of the right to participate referred to in paragraph 3 of Article 32 of the EC Regulation (exercise of creditor’s rights).
5
Where the administrator is obliged to give notice to, or provide a copy of a document (including an order of court) to, the court, the registrar of companies or the official receiver, the administrator shall give notice or provide copies, as the case may be, to the member State liquidator.
6
Paragraph (5) is without prejudice to the generality of the obligations imposed by Article 31 of the EC Regulation (duty to cooperate and communicate information).
.
Amendments to the Insolvency Rules 1986 in relation to Companies Winding up
6
1
In Rule 4.7 (documents delivered with petition filed in court) —
a
at the end of paragraph (4)(d) omit “and”, and
b
after paragraph (4)(d) insert —
da
if a member State liquidator has been appointed in main proceedings in relation to the company, one copy to be sent to him; and
.
2
After Rule 4.10(3) (persons entitled to receive winding up petition) insert —
3A
If to the petitioner’s knowledge, there is a member State liquidator appointed in main proceedings in relation to the company, a copy of the petition shall be sent by him to that person.
This does not apply if the petitioner referred to in this paragraph is a member State liquidator.
.
3
After Rule 4.19(2) (substitution of petitioner) insert —
2A
Where a member State liquidator has been appointed in main proceedings in relation to the company, without prejudice to paragraph (2), the court may, on such terms as it thinks just, substitute the member State liquidator as petitioner, where he is desirous of prosecuting the petition.
.
4
After Rule 4.22(4) (petition by contributory) insert —
5
Where a member State liquidator has been appointed in main proceedings in relation to the company, the petitioner shall send a copy of the petition to him.#
.
5
For Rule 4.25(1) (application for appointment of provisional liquidator) substitute —
1
An application to the court for the appointment of a provisional liquidator under section 135 may be made by —
a
the petitioner;
b
a creditor of the company;
c
a contributory;
d
the company;
e
the Secretary of State;
f
a temporary administrator;
g
a member State liquidator appointed in main proceedings; or
h
any person who under any enactment would be entitled to present a petition for the winding up of the company.
.
6
In Rule 4.67 (entitlement to vote at creditors' meeting) —
a
in paragraph (1)(a) for “claimed to be due to him from the company” substitute —
i
claimed to be due to him from the company, or
ii
in relation to a member State liquidator, is claimed to be due to creditors in proceedings in relation to which he holds office
, and
b
after paragraph (5) insert —
6
No vote shall be cast by virtue of a debt more than once on any resolution put to the meeting.
7
Where —
a
a creditor is entitled to vote under this Rule and Rule 4.70 (admission of proof),
b
has lodged his claim in one or more sets of other proceedings, and
c
votes (either in person or by proxy) on a resolution put to the meeting, only the creditor’s vote shall be counted.
8
Where —
a
a creditor has lodged his claim in more than one set of other proceedings, and
b
more than one member State liquidator seeks to vote by virtue of that claim,
the entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.
9
For the purposes of paragraphs (7) and (8), “other proceedings” means main proceedings, secondary proceedings or territorial proceedings in another member State.
.
7
In Rule 4.75(1) (contents of proof) —
a
at the end of sub-paragraph (g) omit “and”; and
b
after sub-paragraph (g) insert —
ga
details of any reservation of title in respect of goods to which the debt refers; and
.
8
After Rule 4.96(2) (surrender of security for non-disclosure) insert —
3
Nothing in this Rule or the following two Rules may affect the rights in rem of creditors or third parties protected under Article 5 of the EC Regulation (third parties' rights in rem).
.
9
After Rule 4.230 (leave to act as director — third excepted case) insert —
CHAPTER 23
EC Regulation — Member State Liquidator
Interpretation of creditor and notice to member State liquidator
4.231
1
This Rule applies where a member State liquidator has been appointed in relation to the company.
2
For the purposes of the Rules referred to in paragraph (3) the member State liquidator is deemed to be a creditor.
3
The Rules referred to in paragraph (2) are Rules 4.43(1) (official receiver’s report), 4.45(1) (report on statement of affairs), 4.46(2) (report where no statement of affairs), 4.47(2) (general rule on reporting), 4.48(2) (winding up stayed), 4.49 (information to creditors), 4.50(2) (notice of meetings), 4.51(2) (notice of creditors' meeting — CVL ), 4.54 (power to call meetings), 4.57(1) (requisitioned meetings), 4.57(3), 4.67 (entitlement to vote (creditors)), 4.68 (chairman’s discretion to allow vote — CVL), 4.70 (admission and rejection of proof (creditors' meeting)), 4.73 (meaning of “prove”), 4.74 (supply of forms), 4.75 (contents of proof), 4.76 (particulars of creditor’s claim), 4.77 (claim established by affidavit), 4.78 (cost of proving), 4.79 (inspection of proofs), 4.82 (admission and rejection of proofs for dividend), 4.83(1) (appeal against decision in relation to proof), 4.83(2), 4.84 (withdrawal or variation of proof), 4.85(1) (expunging of proof), 4.86 (estimate of quantum), 4.87 (negotiable instruments, etc. ), 4.88 (secured creditors), 4.89 (discounts), 4.90 (mutual credit and set-off), 4.91 (debt in foreign currency), 4.92 (payment of a periodical nature), 4.93 (interest), 4.94 (debt payable at future time), 4.101A (power to fill vacancy in office of liquidator), 4.102(5) (appointment by court), 4.103(4) (appointment by court), 4.113(1) (meeting of creditors to remove liquidator), 4.114(1) (meeting of creditors to remove liquidator), 4.115 (regulation of meetings), 4.124(1) (release of official receiver), 4.125(1) (final meeting), 4.126(1) (final meeting), 4.131(1) (challenge to liquidator’s remuneration), 4.152(1) (liquidation committee), 4.152(3) (eligibility for liquidation committee), 4.163(3) (vacancy on liquidation committee), 4.175(1) (liquidation committee), 4.180 (notice of dividend) and 4.212(2) (notice of public examination hearing).
4
Paragraphs (2) and (3) are without prejudice to the generality of the right to participate referred to in paragraph 3 of Article 32 of the EC Regulation (exercise of creditor’s rights).
5
Where the liquidator is obliged to give notice to, or provide a copy of a document (including an order of court) to, the court, the registrar of companies or the official receiver, the liquidator shall give notice or provide copies, as the case may be, to the member State liquidator.
6
Paragraph (5) is without prejudice to the generality of the obligations imposed by Article 31 of the EC Regulation (duty to cooperate and communicate information).
.
Amendments to the Insolvency Rules 1986 in relation to Individual Voluntary Arrangements
7
1
After Rule 5.3(2)(p) (contents of proposal) insert —
q
whether the EC Regulation will apply and, if so, whether the proceedings will be main proceedings, secondary proceedings or territorial proceedings.
.
2
In Rule 5.22(2) (report of creditors' meeting) —
a
at the end of sub-paragraph (c) omit “and”; and
b
after sub-paragraph (c) insert —
ca
whether, in the opinion of the supervisor, (i) the EC Regulation applies to the voluntary arrangement and (ii) if so, whether the proceedings are main proceedings, secondary proceedings or territorial proceedings; and
.
3
After Rule 5.30 (false representations, etc) insert —
Section E: EC Regulation — Conversion of Voluntary Arrangement into Bankruptcy
Application for conversion into bankruptcy
5.31
1
Where a member State liquidator proposes to apply to the court for the conversion under Article 37 of the EC Regulation (conversion of earlier proceedings) of a voluntary arrangement into bankruptcy, an affidavit complying with Rule 5.32 must be prepared and sworn, and filed in court in support of the application.
2
An application under this Rule shall be by originating application.
3
The application and the affidavit required under this Rule shall be served upon —
a
the debtor; and
b
the supervisor.
Contents of affidavit
5.32
1
The affidavit shall state —
a
that main proceedings have been opened in relation to the debtor in a member State other than the United Kingdom;
b
the deponent’s belief that the conversion of the voluntary arrangement into a bankruptcy would prove to be in the interests of the creditors in the main proceedings; and
c
all other matters that, in the opinion of the member State liquidator, would assist the court —
i
in deciding whether to make an order under Rule 5.33, and
ii
if the court were to do so, in considering the need for any consequential provision that would be necessary or desirable.
2
An affidavit under this Rule shall be sworn by, or on behalf of, the member State liquidator.
Power of court
5.33
1
On hearing the application for conversion into bankruptcy the court may make such order as it thinks fit.
2
If the court makes an order for conversion into bankruptcy the order may contain all such consequential provisions as the court deems necessary or desirable.
3
Where the court makes an order for conversion into bankruptcy under paragraph (1), any expenses properly incurred as expenses of the administration of the voluntary arrangement in question shall be a first charge on the bankrupt’s estate.
Section F: EC Regulation — Member State Liquidator
Interpretation of creditor and notice to member State liquidator
5.34
1
This Rule applies where a member State liquidator has been appointed in relation to the debtor.
2
Where the supervisor is obliged to give notice to, or provide a copy of a document (including an order of court) to, the court or the official receiver, the supervisor shall give notice or provide copies, as appropriate, to the member State liquidator.
3
Paragraph (2) is without prejudice to the generality of the obligations imposed by Article 31 of the EC Regulation (duty to cooperate and communicate information).
.
Amendments to the Insolvency Rules 1986 in relation to Bankruptcy
8
1
After Rule 6.7(1)(e) (identification of debtor) insert —
f
whether the debtor has his centre of main interests or an establishment in another member State.
2
After Rule 6.14(4) (service of petition) insert —
5
If to the petitioner’s knowledge, there is a member State liquidator appointed in main proceedings in relation to the bankrupt, a copy of the petition shall be sent by him to the member State liquidator.
.
3
In Rule 6.30(2)(c) (substitution of petitioner) after “owed to him by the debtor” insert —
(or in the case of the member State liquidator, owed to creditors in proceedings in relation to which he holds office).
.
4
For Rule 6.51(1) (application for appointment of interim receiver) substitute —
1
An application to the court for the appointment of an interim receiver under section 286 may be made by —
a
a creditor;
b
the debtor;
c
an insolvency practitioner appointed under section 273(2);
d
a temporary administrator, or
e
a member State liquidator appointed in main proceedings.
.
5
In Rule 6.93 (entitlement to vote at creditors' meeting) —
a
in paragraph (1)(a) for “claimed to be due to him from the bankrupt” substitute —
i
claimed to be due to him from the bankrupt, or
ii
in relation to a member State liquidator, is claimed to be due to creditors in proceedings in relation to which he holds office
, and
b
after paragraph (5) insert —
6
No vote shall be cast by virtue of a debt more than once on any resolution put to the meeting.
7
Where —
a
a creditor is entitled to vote under this Rule and Rule 6.94 (admission of proof),
b
has lodged his claim in one or more sets of other proceedings, and
c
votes (either in person or by proxy) on a resolution put to the meeting, only the creditor’s vote shall be counted.
8
Where —
a
a creditor has lodged his claim in more than one set of other proceedings, and
b
more than one member State liquidator seeks to vote by virtue of that claim,
the entitlement to vote by virtue of that claim is exercisable by the member State liquidator in main proceedings, whether or not the creditor has lodged his claim in the main proceedings.
9
For the purposes of paragraphs (7) and (8), “other proceedings” means main proceedings, secondary proceedings or territorial proceedings in another member State.
.
6
In Rule 6.98(1) (contents of proof) —
a
at the end of sub-paragraph (g) omit “and”; and
b
after sub-paragraph (g) insert —
ga
details of any reservation of title in respect of goods to which the debt refers; and
.
7
After Rule 6.116(2) (surrender of security for non-disclosure) insert —
3
Nothing in this Rule or the following two Rules may affect the rights in rem of creditors or third parties protected under Article 5 of the EC Regulation (third parties' rights in rem).
.
8
After Rule 6.198(4) (power of court to order sale) insert —
5
Nothing in this Rule or the following Rule may affect the rights in rem of creditors or third parties protected under Article 5 of the EC Regulation (third parties' rights in rem).
.
9
After Rule 6.237 (bankrupt’s dwelling-house and home) insert —
CHAPTER 27
EC Regulation — Member State Liquidator
Interpretation of creditor and notice to member State liquidator
6.238
1
This Rule applies where a member State liquidator has been appointed in relation to the bankrupt.
2
For the purposes of the Rules referred to in paragraph (3) a member State liquidator is deemed to be a creditor.
3
The Rules referred to in paragraph (2) are Rules 6.73(1) (duty of official receiver), 6.75(1) (report of official receiver), 6.76(2) (report of official receiver), 6.79(2) (creditors' meeting), 6.81 (power to call creditors' meeting), 6.83 (requisitioned meetings), 6.93 (entitlement to vote), 6.94 (admission and rejection of proof), 6.96 (meaning of “prove”), 6.97 (supply of forms), 6.98 (contents of proof), 6.99 (claim established by affidavit), 6.100 (cost of proving), 6.101 (inspection of proofs), 6.104 (admission and rejection of proofs for dividend), 6.105(1) (appeal against decision on proof), 6.105(2), 6.106 (withdrawal or variation of proofs), 6.107(1) (expunging of proof), 6.108 (negotiable instruments, etc.), 6.109 (secured creditors), 6.110 (discounts), 6.111 (debts in foreign currency), 6.112 (payments of a periodical nature), 6.113 (interest), 6.114 (debt payable at future time), 6.126(1) (resignation of trustee), 6.136(1) (release of official receiver), 6.137(1) (final meeting), 6.142(1) (challenge to remuneration), 6.150(2) (creditors' committee), 6.160(3) (vacancy on creditors' committee), 6.172(3) (request for public examination), 6.212(1) (notice of annulment) and 6.217(3) (application by bankrupt for discharge).
4
Paragraphs (2) and (3) are without prejudice to the generality of the right to participate referred to in paragraph 3 of Article 32 of the EC Regulation (exercise of creditor’s rights).
5
Where the trustee is obliged to give notice to, or provide a copy of a document (including an order of court) to, the court or the official receiver, the trustee shall give notice or provide copies, as the case may be, to the member State liquidator.
6
Paragraph (5) is without prejudice to the generality of the obligations imposed by Article 31 of the EC Regulation (duty to cooperate and communicate information).
Interpretation of creditor and notice to member State liquidator appointed in main proceedings
6.239
1
This Rule applies, in addition to Rule 6.238, where a member State liquidator has been appointed in main proceedings in relation to the bankrupt.
2
For the purposes of the Rules referred to in paragraph (3) the member State liquidator is deemed to be a creditor.
3
The Rules referred to in paragraph (2) are Rules 6.18(3) (hearing of petition), 6.23(1) (notice of intention to appear), 6.28(4) (extension of time), 6.30(2) (substitution of petitioner), 6.31(1) (change of carriage of petition) and 6.218(4) (report of official receiver).
4
Paragraphs (2) and (3) are without prejudice to the generality of the right to participate referred to in paragraph 3 of Article 32 of the EC Regulation (exercise of creditor’s rights).
.
Amendment to Insolvency Rules in relation to Part 7 (court procedure and practice) and Part 8 (proxies and company representation)
9
1
After Chapter 9 of Part 7 (court procedure and practice — general) insert —
CHAPTER 10
EC Regulation — Creditors' Voluntary Winding up — Confirmation by The Court
Application for confirmation
7.62
1
Where a company has passed a resolution for voluntary winding up, and no declaration under section 89 has been made, the liquidator may apply to court for an order confirming the creditors' voluntary winding up for the purposes of the EC Regulation.
2
The application shall be in writing and verified by affidavit by the liquidator (using [FORM 7.20] the same form) and shall state —
a
the name of the applicant,
b
the name of the company and its registered number,
c
the date on which the resolution for voluntary winding up was passed,
d
that the application is accompanied by all of the documents required under paragraph (3) which are true copies of the documents required, and
e
that the EC Regulation will apply to the company and whether the proceedings will be main proceedings, territorial proceedings or secondary proceedings.
3
The liquidator shall file in court two copies of the application, together with one copy of the following —
a
a copy of the resolution for voluntary winding up referred to by section 84(3),
b
evidence of his appointment as liquidator of the company, and
c
a copy of the statement of affairs required under section 99.
4
It shall not be necessary to serve the application on, or give notice of it to, any person.
5
On an application under this Rule the court may confirm the creditors' voluntary winding up.
6
If the court confirms the creditor’s voluntary winding up —
a
it may do so without a hearing,
b
it shall affix its seal to the application.
7
A member of the court staff may deal with an application under this Rule.
Notice to member State liquidator and creditors in member States
7.63
Where the court has confirmed the creditors' voluntary winding up, the liquidator shall forthwith give notice —
a
if there is a member State liquidator in relation to the company, to the member State liquidator;
b
in accordance with Article 40 of the EC Regulation (duty to inform creditors).
CHAPTER 11
EC Regulation — Member State Liquidator
Interpretation of creditor
7.64
1
This Rule applies where a member State liquidator has been appointed in relation to a person subject to insolvency proceedings.
2
For the purposes of the Rules referred to in paragraph (3) a member State liquidator appointed in main proceedings is deemed to be a creditor.
3
The Rules referred to in paragraph (2) are Rules 7.31(1) (right to inspect court file) and 7.53(1) (right of attendance).
4
Paragraphs (2) and (3) are without prejudice to the generality of the right to participate referred to in paragraph 3 of Article 32 of the EC Regulation (exercise of creditor’s rights).
.
2
After Rule 8.7 (company representation) insert —
Interpretation of creditor
8.8
1
This Rule applies where a member State liquidator has been appointed in relation to a person subject to insolvency proceedings.
2
For the purposes of rule 8.5(1) (right of inspection of proxies) a member State liquidator appointed in main proceedings is deemed to be a creditor.
3
Paragraph (2) is without prejudice to the generality of the right to participate referred to in paragraph 3 of Article 32 of the EC Regulation (exercise of creditor’s rights).
.
Amendments to the Insolvency Rules 1986 in relation to Parts 11, 12 and 13
10
1
After Rule 11.1(2) (preliminary) insert —
3
For the purposes of this Part, a member State liquidator appointed in relation to an insolvent is deemed to be a creditor.
.
2
In Rule 11.2(1) (notice of intended dividend) after “his intention to do so” substitute —
a
to all creditors whose addresses are known to him and who have not proved their debts, and
b
where a member State liquidator has been appointed in relation to the insolvent , to that person.
.
3
After Rule 11.3(2) (final admission/rejection of proofs) insert —
3
In the declaration of a dividend no payment shall be made more than once by virtue of the same debt.
4
Subject to Rule 11.11, where —
a
a creditor has proved, and
b
a member State liquidator has proved in relation to the same debt,
payment shall only be made to the creditor.
.
4
In Rule 11.6(1) (notice of declaration) after “notice of the dividend to” substitute —
a
all creditors who have proved their debts, and
b
where a member State liquidator has been appointed in relation to the insolvent, to that person.
.
5
After Rule 12.12(4) (service outside the jurisdiction) insert —
5
Leave of the court is not required to serve anything referred to in this Rule on a member State liquidator.
.
6
After Rule 12.17(2) (right to have list of creditors) insert —
2A
For the purpose of this Rule a member State liquidator appointed in main proceedings in relation to a person is deemed to be a creditor.
.
7
After Rule 13.13(7) (expressions used generally) insert —
8
“Centre of main interests” has the same meaning as in the EC Regulation.
9
“Establishment” has the meaning given by Article 2(h) of the EC Regulation.
10
“Main proceedings” means proceedings opened in accordance with Article 3(1) of the EC Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Regulation and
a
in relation to England and Wales and Scotland set out in Annex A to the EC Regulation under the heading “United Kingdom”, and
b
in relation to another member State, set out in Annex A to the EC Regulation under the heading relating to that member State.
11
“Member State liquidator” means a person falling within the definition of liquidator in Article 2(b) of the EC Regulation appointed in proceedings to which it applies in a member State other than the United Kingdom.
12
“Secondary proceedings” means proceedings opened in accordance with Articles 3(2) and 3(3) of the EC Regulation and falling within the definition of winding-up proceedings in Article 2(c) of the EC Regulation, and
a
in relation to England and Wales and Scotland, set out in Annex B to the EC Regulation under the heading “United Kingdom”, and
b
in relation to another member State, set out in Annex B to the EC Regulation under the heading relating to that member State.
13
“Temporary administrator” means a temporary administrator referred to by Article 38 of the EC Regulation.
14
“Territorial proceedings” means proceedings opened in accordance with Articles 3(2) and 3(4) of the EC Regulation and falling within the definition of insolvency proceedings in Article 2(a) of the EC Regulation, and
a
in relation to England and Wales and Scotland, set out in Annex A to the EC Regulation under the heading “United Kingdom”, and
b
in relation to another member State, set out in Annex A to the EC Regulation under the heading relating to that member State.
.
Amendment of index to Schedule 4
11
Insert in the index to forms in Schedule 4 to the principal Rules —
7.20
Application, affidavit and order confirming creditors' voluntary winding up
.
New form
12
Add the form contained in Part 1 of the Schedule to these Rules to Schedule 4 of the principal Rules as Form 7.20.
Amended forms
13
The forms contained in Part 2 of the Schedule to these Rules are substituted for the forms identically numbered in Schedule 4 to the principal Rules.
Irvine of Lairg, C.
7th May 2002
I concur,
Patricia Hewitt
Secretary of State for Trade and Industry
9th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gateshead Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Gateshead Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the Gateshead Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Gateshead and South Tyneside Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Gateshead Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
4
The South Tyneside Health Care National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2002 and shall come into force on 6th April 2002.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 .
Amendments to the principal Regulations
2
Amend the principal Regulations as follows.
3
In regulation 10 (earnings limits and thresholds) —
a
for “2001” substitute “2002”;
b
in paragraph (a) for the figure “£72” (lower earnings limit for primary Class 1 contributions) substitute the figure “£75”;
c
in paragraph (b) for the figure “£575” (upper earnings limit for primary Class 1 contributions) substitute the figure “£585”;
d
in paragraph (c) for the figure “£87” (primary threshold for primary Class 1 contributions) substitute the figure “£89”; and
e
in paragraph (d) for the figure “£87” (secondary threshold for secondary Class 1 contributions) substitute the figure “£89”.
4
In regulation 11(3) of the principal Regulations (prescribed equivalents) —
a
in sub-paragraph (a) for the figure “£378” substitute the figure “£385”; and
b
in sub-paragraph (b) for the figure “£4,535” substitute the figure “£4,615”.
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
7th February 2002


text:
PART I
INTRODUCTION
Citation and commencement
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2002.
2
Subject to paragraphs (3) to (5) of this article, this Order shall come into force for the purposes of —
a
articles 1, 2, 6, 19, 20 and 24 on 1st April 2002;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2002, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
articles 3 to 5, 7 and 11 to 13, on 8th April 2002;
d
article 9, on 6th April 2002;
e
article 10, on 7th April 2002, except for the purpose of determining the rate of maternity allowance in accordance with section 35A(2) of the Contributions and Benefits Act , for which purpose it shall come into force on 8th April 2002;
f
articles 14 and 15, on 11th April 2002;
g
articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 8th April 2002, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Income Support Regulations ;
h
articles 21 to 23, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 8th April 2002, and for the purpose of this sub-paragraph, “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations .
3
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 21(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
4
Where, so far as it relates to any particular beneficiary, article 16 of this Order comes into force in accordance with article 1(2)(g) above on 8th April 2002, it shall come into force immediately after the coming into force of regulation 2(1) of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001 .
5
Where, in so far as it relates to any particular beneficiaryi, article 22 of this Order comes into force in accordance with article 1(2)(h) above on 8th April 2002, it shall come into force immediately after regulation 2(2) of the Social Security Amendment (Residential Care and Nursing Homes) Regulations 2001.
Interpretation
2
In this Order —
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ; and
“the Pension Schemes Act” means the Pension Schemes Act 1993 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so as to have effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified —
a
in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except in Part III the sum specified for age addition to a pension of any category; and
b
otherwise under section 79 of that Act.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2) to (5) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 1.7 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for “£66.90”, substitute “£68.05”; and
b
for “£72.50”, substitute “£75.50”.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2001–2002 shall be increased by 1.7 per cent. of their amount apart from this Order;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred) shall be increased by 4.1 per cent. of their amount apart from this Order; and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63(1)(d) of the Social Security Act 1986 or section 150(2) of the Social Security Administration Act 1992 by virtue of section 150(1)(e) of that Act shall be increased by 1.7 per cent. of their amount apart from this Order.
5
The sums which, under —
a
section 55A of the Contributions and Benefits Act , are shared additional pensions;
b
section 55C of the Contributions and Benefits Act , are increases in the rates of such pensions,
shall in each case be increased by 1.7 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is hereby directed that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) and (3) of that Act), shall be increased by 1.7 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 8th April 2002.
3
In the case of a person —
a
over pensionable age whose entitlement to a Category A retirement pension is deferred; and
b
for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act ,
the increases in the sums mentioned in articles 3, 4 and 11 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, increases for dependants, shall take effect on 11th April 2002.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 8th April 2002.
5
The increases in the sums specified for —
a
the rate of —
i
Category C and Category D retirement pension,
ii
child’s special allowance ,
iii
attendance allowance,
iv
invalid care allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday), and
v
guardian’s allowance; and
b
the increases in —
i
Category C retirement pension and invalid care allowance referred to in heads (i) and (v) of sub-paragraph (a) above, and
ii
maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants;
shall in all cases take effect on 8th April 2002.
6
The increases in the sums specified for —
a
the rate of —
i
invalid care allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
ii
disablement benefit,
iii
maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
iv
industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children, and
v
the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
b
the increases in —
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) above in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 10th April 2002.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, the increase in such sum shall take effect on 8th April 2002.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, increases for dependants) shall take effect in all cases on 11th April 2002.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 10th April 2002.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
The increases in the sums specified in articles 3 and 21(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 8th April 2002;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2002,
and for the purposes of this paragraph “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
From and including —
a
10th April 2002, for “£41.75” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
11th April 2002, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£42.45”.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for “£150.00”, in both places where it occurs, substitute “£155.00”; and
b
“£20.00” remains unchanged.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£62.20”, substitute “£63.25”.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (lower rate of statutory maternity pay) for “£62.20”, substitute “£75.00”.
Increase in rate of graduated retirement benefit
11
1
In section 36(1) of the National Insurance Act 1965 (graduated retirement benefit) —
a
the sum of 9.06 pence shall be increased by 1.7 per cent.; and
b
from and including 8th April 2002 the reference in that provision to that sum shall have effect as a reference to 9.21 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 1.7 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 1.7 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
12
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a) for “£55.30”, substitute “£56.25”;
b
in paragraph (1)(b) for “£37.00”, substitute “£37.65”;
c
in paragraph (1)(c) for “£14.65”, substitute “£14.90”;
d
in paragraph (2)(a) for “£38.65”, substitute “£39.30”; and
e
in paragraph (2)(b) for “£14.65”, substitute “£14.90”.
Sums specified for child benefit
13
In regulation 2(1) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 (weekly rates of child benefit) —
a
in sub-paragraph (a)(i) for “£15.50”, substitute “£15.75”;
b
in sub-paragraph (a)(ii), “£17.55” remains unchanged; and
c
in sub-paragraph (b) for “£10.35”, substitute “£10.55”.
Increase in rates of age addition to long-term incapacity benefit
14
In the Social Security (Incapacity Benefit) Regulations 1994 , in regulation 10(2) —
a
in sub-paragraph (a) for “£14.65”, substitute “£14.90”; and
b
in sub-paragraph (b) for “£7.35”, substitute “£7.45”.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 , in regulation 18(2) —
a
in sub-paragraph (a) for “£14.65”, substitute “£14.90”;
b
in sub-paragraph (b) for “£9.30”, substitute “£9.50”; and
c
in sub-paragraph (c) for “£4.65”, substitute “£4.75”.
PART III
INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be —
a
the sums set out in the following provisions of this article and Schedules 2 to 4 to this Order; and
b
such sums as may be specified in any provision of the Income Support Regulations listed in column (1) of Schedule 5 to this Order, column (2) of which Schedule states those sums as specified in those provisions as in force on 6th February 2002 being sums not increased by this Order;
and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Income Support Regulations bearing that number.
2
In —
a
regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii), (c)(ii) and (d)(i); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£15.90” remains unchanged; and
b
in sub-paragraph (1)(b) for “£14.50”, substitute “£14.75”.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a), “£47.75” remains unchanged;
b
in sub-paragraph (1)(b), “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£84.00”, substitute “£88.00”;
d
in sub-paragraph (2)(b) —
i
for “£84.00”, substitute “£88.00”,
ii
for “£125.00”, substitute “£131.00”,
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£125.00”, substitute “£131.00”,
ii
for “£163.00”, substitute “£170.00”,
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£163.00”, substitute “£170.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£43.50” remains unchanged.
7
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) shall be as set out in Schedule 4 to this Order.
8
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order, as those provisions are in force on 6th February 2002, are the sums set out in column (2) of that Schedule.
9
In paragraph 19(b) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
Income Support Transitional Protection
17
Sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 shall be increased by 1.7 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) for “£28.50”, substitute “£29.00”.
Housing Benefit
19
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Housing Benefit Regulations bearing that number.
2
In —
a
regulations 16(b) and 17(c); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£18.15”, substitute “£18.90” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£14.50”, substitute “£15.10” in each case; and
c
in sub-paragraph (c)(ii) for “£36.30”, substitute “£37.80”.
4
In regulation 63 (non-dependant deductions) —
a
in paragraph (1)(a), “£47.75” remains unchanged;
b
in paragraph (1)(b), “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£84.00”, substitute “£88.00”;
d
in paragraph (2)(b) —
i
for “£84.00”, substitute “£88.00”,
ii
for “£125.00”, substitute “£131.00”,
iii
“£17.00” remains unchanged;
e
in paragraph (2)(c) —
i
for “£125.00”, substitute “£131.00”,
ii
for “£163.00”, substitute “£170.00”,
iii
“£23.35” remains unchanged;
f
in paragraph (2)(d) —
i
for “£163.00”, substitute “£170.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£38.20” remains unchanged; and
g
in paragraph (2)(e) —
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£43.50” remains unchanged.
5
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for “£18.95”, “£18.95”, “£9.55”, “£12.60”, “£12.60”, “£6.35” and “£2.30”, substitute “£19.25”, “£19.25”, “£9.70”, “£12.80”, “£12.80”, “£6.45” and “£2.35” respectively.
6
In paragraph 5(2)(a) of Part II of Schedule 1 (payments in respect of fuel charges) for “£9.25”, substitute “£9.40”.
7
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
8
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (a), “£22.20” remains unchanged; and
b
in sub-paragraph (b) for “£14.50”, substitute “£14.75”.
9
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
10
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
Council Tax Benefit
20
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In —
a
regulations 8(b) and 9(c); and
b
paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£18.15”, substitute “£18.90” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£14.50”, substitute “£15.10” in each case; and
c
in sub-paragraph (c)(ii) for “£36.30”, substitute “£37.80”.
4
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a), “£6.95” remains unchanged;
b
in paragraph (1)(b), “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£125.00”, substitute “£131.00”;
d
in paragraph (2)(b) —
i
for “£125.00”, substitute “£131.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£4.60” remains unchanged; and
e
in paragraph (2)(c) —
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£5.80” remains unchanged.
5
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
6
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (a), “£22.20” remains unchanged; and
b
in sub-paragraph (b) for “£14.50”, substitute “£14.75”.
7
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 9 to this Order.
8
In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£125.00”, substitute “£131.00”;
b
in sub-paragraph (2)(b)(ii) for “£125.00” and “£163.00”, substitute “£131.00” and “£170.00” respectively.
9
In paragraph 20(b) of Schedule 4 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
PART IV
JOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
21
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for “£31.95”, substitute “£32.50”;
b
in sub-paragraph (b) for “£42.00”, substitute “£42.70”; and
c
in sub-paragraph (c) for “£53.05”, substitute “£53.95”.
Applicable amounts for Jobseeker’s Allowance
22
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 10 to 15 to this Order; and references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to a regulation of, or a Schedule to, the Jobseeker’s Allowance Regulations bearing that number.
2
In —
a
regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii), (c)(ii) and (d)(i); and
b
paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a), “£15.90” remains unchanged; and
b
in sub-paragraph (1)(b) for “£14.50”, substitute “£14.75”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 11 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 12 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a), “£47.75” remains unchanged;
b
in sub-paragraph (1)(b), “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£84.00”, substitute “£88.00”;
d
in sub-paragraph (2)(b) —
i
for “£84.00”, substitute “£88.00”,
ii
for “£125.00”, substitute “£131.00”,
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£125.00”, substitute “£131.00”,
ii
for “£163.00”, substitute “£170.00”,
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£163.00”, substitute “£170.00”,
ii
for “£215.00”, substitute “£225.00”,
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£215.00”, substitute “£225.00”,
ii
for “£269.00”, substitute “£281.00”,
iii
“£43.50” remains unchanged.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) shall be as set out in Schedule 13 to this Order.
9
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A (applicable amounts of joint-claim couples in special cases) shall be as set out in Schedule 14 to this Order.
10
In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.25”, substitute “£9.40”.
11
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 15 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
23
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£28.50”, substitute “£29.00”.
PART V
REVOCATION
Revocation
24
The Social Security Benefits Up-rating (No. 2) Order 2000 is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
11th March 2002
We consent,
John Heppell
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2002


text:
1
This Order may be cited as the Animal Health Act 2002 (Commencement) Order 2002.
2
The day appointed for the coming into force of —
a
sections 1 to 15, and 17 of, and the Schedule to, the Animal Health Act 2002 is 14th January 2003;
b
section 16 of that Act is 1st July 2003;
c
section 18 of that Act is 24th March 2003.
Elliot Morley,
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th December 2002


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