text:
Citation, commencement and application
1
1
These Regulations may be cited as the General Commissioners and Special Commissioners (Jurisdiction and Procedure) (Amendment) Regulations 2002 and shall come into force on 31st December 2002.
2
The amendments made by these Regulations shall have effect only in relation to proceedings before the General Commissioners or the Special Commissioners on or after 31st December 2002 and in relation to proceedings commenced before that date the General Commissioners (Jurisdiction and Procedure) Regulations 1994 or, as the case may be, the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 shall continue to have effect as if these Regulations had not been made.
3
Any reference to a regulation by number alone means the regulation so numbered in the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 or the General Commissioners (Jurisdiction and Procedure) Regulations 1994 as the case may be.
Amendments to the Special Commissioners (Jurisdiction and Procedure) Regulations 1994
2
Amend the Special Commissioners (Jurisdiction and Procedure) Regulations 1994 in accordance with the provisions of regulations 3 to 6 below.
3
In regulation 2 —
a
in the definition of “proceedings” after paragraph (i) add —
j
any appeal to the Special Commissioners under Part II of the Transfer Act or Part III of the Transfer Order ;
k
any appeal to the Special Commissioners under regulation 14(4) of the Working Tax Regulations ;
l
any preliminary hearing held under the provisions of regulation 9;
.
b
after the definition of “the Taxes Acts” insert —
“the Transfer Act” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
“the Transfer Order” means the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999;
.
c
in the definition of “Tribunal” for “heard.” substitute “heard;”.
d
after the definition of “Tribunal” insert —
“the Working Tax Regulations” means the Working Tax Credit (Payment by Employers) Regulations 2002 .
.
4
In regulation 7(1) for the words “the Presiding” where they appear substitute the word “a”.
5
After regulation 7 insert —
Lead Cases
7A
1
Where —
a
one or more proceedings under Part II of the Transfer Act or Part III of the Transfer Order have been brought before, but have not yet been heard by, the Special Commissioners; or
b
one or more proceedings under Part II of the Transfer Act or Part III of the Transfer Order have been brought before, but have not yet been heard by, any General Commissioners; and
c
it appears to the Presiding Special Commissioner that those proceedings give rise to common or related issues of fact or law (“same issues proceedings”),
the Presiding Special Commissioner may of his own motion or on application by a party to any of these proceedings direct that one of those proceedings be heard in the first instance as the lead case.
2
The Presiding Special Commissioner may give such further directions as he also considers appropriate for determination of the lead case and without prejudice to the generality of the foregoing, such further directions may include in particular directions as to —
a
which common or related issues of fact or law (“same issues”) are to be determined in the lead case; or
b
which Tribunal is to hear the lead case.
3
Subject to paragraph 14 the Presiding Special Commissioner may also direct that pending determination of the lead case all other same issues proceedings before the Special Commissioners, or that were pending before the General Commissioners, shall be stayed.
4
Directions shall not be given under paragraphs (1) to (3) except on notice to all parties to the proceedings in question who shall be entitled to be heard before any directions are given.
5
Without prejudice generally to the parties' rights of appeal and to paragraphs (8) and (9) as appropriate, the Tribunal’s determination of the same issues in the lead case shall be binding on the parties to each of the same issues proceedings unless the Tribunal or the Presiding Special Commissioner directs otherwise.
6
On the giving of directions under paragraphs (1) to (3) the Clerk shall send a copy of the directions to all the parties to the same issues proceedings.
7
Upon determination of the same issues in the lead case the Clerk shall send a copy of that determination to all the parties to the same issues proceedings.
8
Notwithstanding the provisions of paragraph (5) any party to any of the same issues proceedings may within 21 days beginning with the date on which that party receives notice of the determination of the same issues in the lead case apply to the Presiding Special Commissioner for a direction that the determination as to the same issues in the lead case shall not apply to those proceedings.
9
Within 28 days beginning with the date of determination of the same issues in the lead case the Presiding Special Commissioner shall —
a
give such further directions as he considers appropriate in relation to the lead case and each of the same issues proceedings stayed pending the determination of the same issues in the lead case; and
b
such directions shall, without prejudice to the generality of the foregoing also include, as appropriate —
i
directions as to the extent to which the determination of the same issues in the lead case is binding on any subsequent proceedings;
ii
any further directions required as a result of an application under paragraph (8) which shall include, a direction as to any further hearing required in relation to those proceedings.
10
On the giving of any further directions under paragraph (9) the Clerk shall send a copy of the relevant directions to each of the parties to the same issues proceedings.
11
Where one or more of the same issues proceedings or the lead case was pending before the General Commissioners, the Clerk shall also send the notice of the matters specified in paragraphs (1) to (3) and (7) to (9) to the Clerk to the division or, as the case may be, each division of the General Commissioners concerned.
12
Where a direction has been given for any proceedings to be heard as a lead case and those proceedings are withdrawn or discontinued either before or during the hearing, the Revenue shall —
a
within seven days of withdrawal or discontinuance as the case may be, give notice to —
i
the Presiding Special Commissioner;
ii
as appropriate, the Clerk to the relevant division of the General Commissioners;
iii
all the parties to the same issues proceedings; and
b
the Presiding Special Commissioner may then direct that —
i
one of the remaining same issues proceedings be substituted as the lead case; and
ii
may also direct the extent to which any directions made prior to substitution shall be binding in relation to the substituted proceedings.
13
On the giving of directions under paragraph (12)(b) the Clerk shall send a copy of the directions to all the remaining parties to the same issues proceedings and as appropriate, to the Clerks to the relevant divisions of the General Commissioners.
14
Any same issues proceedings that were pending before the General Commissioners which the Presiding Special Commissioner considers are not appropriate for the lead case procedure shall be remitted to the General Commissioners for determination.
15
References in this regulation to proceedings pending before the General Commissioners are references to proceedings pending in relation to which the General Commissioners (Jurisdiction and Procedure) Regulations 1994 apply.
16
References in this regulation to “proceedings” shall for the avoidance of doubt, include more than one appeal against the same decision to the Special Commissioners or the General Commissioners as the case may be.
.
6
For regulation 15 substitute —
Hearings in public
15
1
Subject to the following paragraphs of this regulation, hearings before a Tribunal shall be in public.
2
A Tribunal may direct that all or part of a hearing shall be in private —
a
upon the application of all the parties by notice to the Clerk;
b
upon the application of any party by notice to the Clerk;
c
of its own motion,
if in each case, a Tribunal is satisfied that a hearing in private is necessary —
i
in the interests of morals, public order, national security, juveniles or for the protection of the private life of the party; or
ii
it considers that publicity would prejudice the interests of justice.
3
Before determining an application under paragraph (2)(b), or giving a direction under paragraph (2)(c), a Tribunal shall give all other parties to the proceedings an opportunity to make representations.
4
Before giving a direction under paragraph (2) that the entire hearing be in private, a Tribunal shall consider whether only part of the hearing should be heard in private.
5
The following persons shall be entitled to be present at the hearing of any proceedings before a Tribunal notwithstanding that the hearing or part of the hearing takes place in private, and those referred to in sub-paragraphs (b) to (e) only may remain during the deliberations of a Tribunal but shall take no part in those deliberations —
a
the parties and their representatives;
b
the Presiding Special Commissioner and any of the Special Commissioners to the extent that they do not constitute the Tribunal or part of the Tribunal for the purpose of the hearing;
c
the Clerk and any of the staff of the Special Commissioners;
d
a member of the Council on Tribunals or of the Scottish Committee of that Council in the capacity of member;
e
a member of the Judicial Studies Board or of one of its committees in the capacity of member.
6
A Tribunal, with the consent of the parties, may permit any other person to be present at the hearing of proceedings before it which is to take place, or part of which is to take place, in private.
7
A Tribunal may exclude from the whole or part of a hearing any person whose conduct, in the opinion of a Tribunal, has disrupted or is likely to disrupt the hearing.
8
Where all or part of a hearing is held or is to be held in private, a Tribunal may direct that information about the whole or part of the proceedings (including information that might help to identify any person) before a Tribunal shall not be made public.
9
For the purpose of paragraph (2)(i) “party” shall not include the Revenue.
.
Amendments to the General Commissioners (Jurisdiction and Procedure) Regulations 1994
7
Amend the General Commissioners (Jurisdiction and Procedure) Regulations 1994 in accordance with the provisions of regulations 8 to 10 below.
8
In regulation 2 —
a
in the definition of “proceedings” after paragraph (c) add
d
any appeal to the General Commissioners under Part II of the Transfer Act or Part III of the Transfer Order;
e
any appeal to the General Commissioners under regulations 8(6) and 14(4) of the Working Tax Regulations;
.
b
after the definition of “the Taxes Acts” insert —
“the Transfer Act” means the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
“the Transfer Order” means the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999;
.
c
in the definition of “Tribunal” for “brought.” substitute “brought;”.
d
after the definition of “Tribunal” insert —
“the Working Tax Regulations” means the Working Tax Credit (Payment by Employers) Regulations 2002 .
.
9
After regulation 6 insert —
Lead Cases
6A
1
Where —
a
one or more proceedings under Part II of the Transfer Act or Part III of the Transfer Order have been brought before, but have not yet been heard, by General Commissioners for one or more divisions, and
b
those proceedings give rise to common or related issues of fact or law (“same issues proceedings”)
the General Commissioners or each of the General Commissioners for each division as the case may be, shall arrange for transfer of those proceedings to the Special Commissioners.
2
Before transferring any same issues proceedings the appropriate General Commissioners shall give all the parties to the proceedings in question an opportunity to make representations.
3
For the purpose of this regulation “proceedings” shall for the avoidance of doubt, include more than one appeal against the same decision to the General Commissioners.
.
10
For regulation 13 substitute —
Hearings in public
13
1
Subject to the following paragraphs of this regulation, hearings before a Tribunal shall be in public.
2
A Tribunal may direct that all or part of a hearing shall be in private —
a
upon the application of all the parties by notice to the Clerk;
b
upon the application of any party by notice to the Clerk;
c
of its own motion,
if in each case, a Tribunal is satisfied that a hearing in private is necessary —
i
in the interests of morals, public order, national security, juveniles or for the protection of the private life of the party; or
ii
if it considers that publicity would prejudice the interests of justice.
3
Before determining an application under paragraph (2)(b) or giving a direction under (2)(c) a Tribunal shall give all other parties an opportunity to make representations.
4
Before giving a direction under paragraph (2) that the entire hearing be in private, a Tribunal shall consider whether only part of the hearing should be heard in private.
5
The following persons shall be entitled to be present at the hearing of any proceedings before a Tribunal notwithstanding that the hearing or part of the hearing takes place in private, and those referred to in sub-paragraphs (b) to (e) only may remain present during the deliberations of the Tribunal but shall take no part in those deliberations —
a
the parties and their representatives;
b
the Clerk and any of the staff of the General Commissioners;
c
a member of the Council on Tribunals or of the Scottish Committee of that Council in the capacity of member;
d
any of the Special Commissioners;
e
a member of the Judicial Studies Board or of one of its Committees in the capacity of member.
6
A Tribunal may exclude from the whole or part of a hearing any person whose conduct, in the opinion of a Tribunal, has disrupted or is likely to disrupt the hearing.
7
A Tribunal, with the consent of the parties, may permit any other person to be present at the hearing of proceedings before it which is to take place, or part of which is to take place, in private.
8
Where all or part of a hearing is held or is to be held in private, a Tribunal may direct that information about the whole or part of the proceedings (including information that might help to identify any person) before a Tribunal shall not be made public.
9
For the purposes of paragraph (2)(i) “party” shall not include the Revenue.
.
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 23rd November 2002
The Scottish Ministers consent to the making of these Regulations.
James Wallace
Deputy First Minister, Minister for Justice, A Member of the Scottish Executive
Dated 25th November 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Teachers’ Pensions (Amendment) Regulations 2002 and shall come into force on 10 th January 2003.
Amendment of the Teachers’ Pensions Regulations 1997
2
The Teachers’ Pensions Regulations 1997 shall be amended in accordance with regulations 3 to 8.
3
1
Regulation G2 shall be amended as follows.
2
At the beginning of paragraph (4)(a) insert “subject to sub-paragraph (aa),”.
3
After paragraph (4)(a) insert the following new sub-paragraph —
aa
the closing balance in the account for the financial year ending on 31 st March 2001 as determined by the Government Actuary by reference to the value of the scheme assets mentioned in regulation G4(6),.
4
For paragraph (5) substitute the following —
5
For the purposes of paragraph (4)(e), the notional investment income for the financial years commencing on or after 1 st April 2001 shall be determined by the Government Actuary and derived using a percentage return as specified from time to time by the Government Actuary.
.
4
1
Regulation G4 shall be amended as follows.
2
In the heading for the word “inquiries” substitute “review”.
3
In paragraph (1) —
a
for the words “inquiry reporting” substitute “review”;
b
omit “in relation to the inquiry”; and
c
for the words “inquiry reference” substitute “review”.
4
In paragraph (1A) for sub-paragraphs (a) and (b) substitute —
a
the next review date is no later than 31 st March 2006; and
b
the review date for each subsequent report is no later than 5 years after the previous review date.
.
5
After paragraph (1A) insert the new paragraphs —
1B
The Government Actuary, with the agreement of the Secretary of State, shall specify the funding methodology to be used in making the actuarial review.
1C
Any determination in relation to an actuarial inquiry made by the Secretary of State under paragraph (1) before 10 th January 2003 shall have effect as if it were a determination in relation to an actuarial review.
.
6
In paragraph (2) for the words “inquiry” and “inquiry reference” substitute in both cases “review”.
7
For paragraph (3) substitute —
3
The report is to specify the standard contribution rate (expressed as a percentage) at which contributions should be paid during the period beginning and ending on days (following the date of the report) determined by the Secretary of State (“the relevant period”).
.
8
In paragraph (4) for the words “end of the financial year in question, the amount” substitute “review date, the value”.
9
For paragraph (5) substitute —
5
Subject to paragraph (6), the scheme assets and the scheme liabilities shall be determined in accordance with the funding methodology specified in paragraph (1B).
.
10
For paragraph (6) substitute —
6
For the purposes of the actuarial review reporting on the position in relation to the account as at 31 st March 2001, the value of the scheme assets shall equal the value of the scheme liabilities.
.
11
In paragraph (7) for the word “amount” substitute “value”.
12
In paragraph (8) for the word “amount” substitute “value”.
13
In paragraph (9) omit “either be or”.
5
1
Regulation G5 shall be amended as follows.
2
In paragraph (2) for “2000” substitute “2003”.
3
In paragraph (2) omit “+ 0.2”.
6
1
Regulation G7 shall be amended as follows.
2
In paragraph (4) for the words “12% per annum” substitute “the interest rate specified in paragraph (5)”.
3
After paragraph (4) insert the following new paragraph —
5
For the purposes of paragraph (4) the interest rate is —
a
12% per annum in relation to all amounts and contributions payable in relation to pensionable employment before 1 st April 2003; and
b
8% per annum in relation to all amounts and contributions payable in relation to pensionable employment on or after 1 st April 2003.
.
7
1
Paragraph 5 of Schedule 2 shall be amended as follows.
2
In sub-paragraph (a) for the words “a city” immediately before “academy” substitute “an”.
3
In sub-paragraph (b) for the words “a city” immediately before “academy” substitute “an”.
8
1
Paragraph 9 of Schedule 15 shall be amended as follows.
2
After sub-paragraph (2)(a) insert the following new paragraphs —
aa
the required percentage for the relevant period starting on 1 st April 2000 and ending on 31 st March 2002 shall be 7.4%; and
ab
the required percentage for the relevant period starting on 1 st April 2002 and ending on 31 st March 2003 shall be 8.35%; and.
3
In sub-paragraph (2)(b) for “2000” substitute “2003”.
David Miliband
Minister of State
Department for Education and Skills
4th December 2002
We consent
John Heppell
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
5th December 2002


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Piccadilly Line (Heathrow T5 Extension) Order 2002 and shall come into force on 30th April 2002.
Interpretation
2
1
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“building” includes any structure or erection or any part of a building, structure or erection;
“ the Company ” means London Underground Limited;
“the deposited plans” means the plans described in rule 7(1)(a) and (3) of the Applications Rules prepared in connection with the application for this Order and the plan referred to in article 7(2) and certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of that rule;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the limits of deviation” means the limits of deviation for the scheduled works shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“ the tribunal ” means the Lands Tribunal.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface, and references to the subsoil of any land include references to any cellar, basement, vault, arch or other construction forming part of any such land.
3
All directions, distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction and length and distances between points on a railway shall be taken to be measured along the railway.
Incorporation of the Railways Clauses Acts
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 24 (obstructing construction of railway);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in the case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
sections 103 and 104 (refusal to quit carriage at destination);
section 105 (carriage of dangerous goods on railway);
section 145 (recovery of penalties);
section 154 (transient offenders).
2
The following provision of the Railways Clauses Act 1863 shall be incorporated in this Order —
section 12 (signals, watchmen etc. ).
3
In those provisions, as incorporated in this Order —
“the company” means the Company;
“goods” includes any thing conveyed on the railways authorised to be constructed by this Order;
“lease” includes an agreement for a lease;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works;
“the special Act ” means this Order;
“toll” includes any rate or charge or other payment payable under this Order or any other enactment for any passenger or goods conveyed on any railway authorised to be constructed by this Order.
PART II
WORKS PROVISIONS
Principal powers
Power to construct works
4
1
The Company may construct and maintain the scheduled works.
2
Subject to article 5 below, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
Subject to paragraph (5) below, the Company may carry out and maintain such of the following works as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the scheduled works, namely —
a
works to alter the position of apparatus, including mains, sewers, drains and cables;
b
works to alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses;
c
landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the scheduled works;
d
works for the benefit or protection of premises affected by the scheduled works; and
e
such other works of whatever nature, including emergency escape shafts and ventilation shafts, as may be necessary or expedient.
4
The Company may on or in any part of the lands numbered on the deposited plans 56, 57, 58 and 59 make and maintain, in connection with the scheduled works, a railway station together with all such works as may be necessary or expedient for the purposes of, in connection with, or in consequence of, the construction of the station.
5
Paragraph (3) above shall only authorise the carrying out or maintenance of works outside the limits of deviation if the works are carried out on land specified in columns (1) and (2) of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of that Schedule.
Power to deviate
5
In constructing or maintaining the scheduled works, the Company may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on that plan, and
b
deviate vertically from the levels shown on the deposited sections —
i
to any extent not exceeding 6 metres upwards; or
ii
to any extent downwards as may be necessary or convenient.
Supplemental powers
Discharge of water
6
1
The Company may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land shown on the deposited plans, make openings into, and connections with, the watercourse, sewer or drain.
2
The Company shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
The Company shall not make any opening into any public sewer or drain in accordance with the plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
The Company shall not, in the exercise of the powers conferred by this article, damage or interfere with the beds or banks of any watercourse forming part of a main river.
5
The Company shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency or a local authority;
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Safeguarding works to buildings
7
1
Subject to the following provisions of this article, the Company may at its own expense and from time to time carry out such safeguarding works to any building lying within 50 metres of any authorised works (other than works under this article) as the Company considers to be necessary or expedient.
2
The powers conferred by this article shall not be exercised outside the limits of deviation except in the area coloured pink on the plan marked “Plan referred to in article 7 of the Piccadilly Line (Heathrow T5 Extension) Order 2002” and deposited with the Secretary of State.
3
Safeguarding works may be carried out —
a
at any time before or during the construction in the vicinity of the building of any part of the authorised works; or
b
after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
4
Subject to paragraph (2) above, for the purpose of determining how the functions under this article are to be exercised the Company may enter and survey any building falling within paragraph (1) above and any land belonging to it.
5
For the purpose of carrying out safeguarding works under this article to a building the Company may (subject to paragraphs (2) above and (6) and (7)) below —
a
enter the building and any land belonging to it; and
b
where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).
6
Before exercising —
a
a right under paragraph (1) above to carry out safeguarding works to a building;
b
a right under paragraph (4) above to enter a building;
c
a right under paragraph (5)(a) above to enter a building or land; or
d
a right under paragraph (5)(b) above to enter land,
the Company shall, except in case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c) above, specifying the safeguarding works proposed to be carried out.
7
Where notice is served under paragraph (6)(a), (c) or (d) above, the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the safeguarding works or to enter the building or land to be referred to arbitration under article 29 below.
8
The Company shall compensate the owners and occupiers of any building or land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
9
Where —
a
safeguarding works are carried out under this article to a building, and
b
within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use it appears that the safeguarding works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,
the Company shall compensate the owners and occupiers of the building for any damage sustained by them.
10
Without prejudice to article 28 below, nothing in this article shall relieve the Company from any liability to pay compensation under section 10(2) of the 1965 Act.
11
Any compensation payable under paragraph (8) or (9) above shall be determined, in case of dispute, under Part I of the Land Compensation Act 1961 .
12
In this article —
a
any reference to a building within 50 metres of a work includes —
i
in the case of a work under the surface of the ground, a reference to any building within that distance of the point on the surface below which the work is situated; and
ii
where a work has not commenced, a reference to a building within that distance of the proposed site of the work; and
b
“safeguarding works”, in relation to a building, means —
i
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; and
ii
any works the purpose of which is to remedy any damage that has been caused to the building by the construction, maintenance or operation of the authorised works.
Power to survey and investigate land
8
1
The Company may for the purposes of this Order —
a
survey or investigate any land shown on the deposited plans and described in the book of reference or which may be affected by the authorised works;
b
without prejudice to the generality of sub-paragraph (a) above, make trial holes in such positions as the Company thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
c
place on, leave on and remove from the land apparatus for use in connection with the survey and investigation of land and making of trial holes; and
d
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (c) above.
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1) above, unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of the Company —
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
The Company shall make compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the Land Compensation Act 1961.
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
9
Subject to article 13 and article 14 below, the Company may acquire compulsorily —
a
so much of the land shown on the deposited plans within the limits of deviation and described in the book of reference as may be required for the purposes of the authorised works, and
b
so much of the land specified in columns (1) and (2) of Schedule 2 to this Order (being land shown on the deposited plans and described in the book of reference) as may be required for the purpose specified in relation to that land in column (3) of that Schedule;
and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
Application of Part I of the Compulsory Purchase Act 1965
10
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted; and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month; or
ii
in any other case, a reference to notice of 3 months.
Powers to acquire new rights
11
1
The Company may compulsorily acquire such easements or other rights over any land referred to in paragraph (1) of article 9 above as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 3 to this Order), where the Company acquires a right over land under paragraph (1) above the Company shall not be required to acquire a greater interest in it.
3
Schedule 3 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
Powers to acquire subsoil only
12
1
The Company may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1) of article 9 above as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Subject to paragraph (3) below, where the Company acquires any part of the subsoil of land under paragraph (1) above the Company shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) above shall not prevent section 8 of the 1965 Act or article 18 below from applying where the Company acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Cases where powers of acquisition limited to subsoil
13
1
This article applies to the lands numbered on the deposited plans 1-11, 14-16, 21-22, 27, 39-49 and 52.
2
In the case of land to which this article applies, the Company’s powers of compulsory acquisition under article 9 above shall be limited to the acquisition of, or rights in, so much of the subsoil of the land as may be required for the purposes of the authorised works.
3
Where the Company acquires any part of, or rights in, the subsoil of land to which this article applies, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.
4
Paragraph (3) above shall not prevent section 8 of the 1965 Act or article 18 below from applying where the undertaker acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
5
References in this article to the subsoil of land are references to the subsoil lying more than 9 metres beneath the level of the surface of the land; and for this purpose “the level of the surface of the land” means —
a
in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building;
b
in the case of a river, watercourse or other water area, the level of the surface of the ground nearest to it which is at all times above water level; or
c
in any other case, ground surface level.
Temporary possession of land
Temporary use of land for construction of works
14
1
The Company may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of —
i
any land which it is authorised by this Order to acquire compulsorily; and
ii
the land numbered 7 on the deposited plans;
b
remove any buildings and vegetation from that land; and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article the Company shall serve notice of the intended entry on the owners and occupiers of the land.
3
The Company may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the authorised works.
4
Before giving up possession of land of which temporary possession has been taken under this article, the Company shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but the Company shall not be required to replace a building removed under this article.
5
The Company shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5) above, or as to the amount of the compensation, shall be determined under Part I of the Land Compensation Act 1961.
7
Without prejudice to article 28 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5) above.
8
The powers of compulsory acquisition of land conferred by this Order shall not apply in relation to any land of which temporary possession is taken under paragraph (1) above except that the Company shall not be precluded from —
a
acquiring new rights over any part of that land under article 11 above, or
b
acquiring any part of the subsoil or rights in the subsoil of that land under article 12 above or in accordance with article 13 above.
9
Where the Company takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
Temporary use of land for maintenance of works
15
1
At any time during the maintenance period for either of the scheduled works, the Company may —
a
enter upon and take temporary possession of any land shown on the deposited plans and described in the book of reference which is within 20 metres of that work if such possession is reasonably required for the purpose of, or in connection with, maintaining the work or any ancillary works connected with it;
b
construct such temporary works (including the provision of means of access) and buildings on the land as may be reasonably necessary for that purpose.
2
Paragraph (1) above shall not authorise the Company to take temporary possession of —
a
any house or garden belonging to a house; or
b
any building (other than a house) if it is for the time being occupied.
3
Not less than 28 days before entering upon and taking temporary possession of land under this article the Company shall serve notice of the intended entry on the owners and occupiers of the land.
4
The Company may only remain in possession of land under this article for so long as may be reasonably necessary to carry out the maintenance works for which possession of the land was taken.
5
Before giving up possession of land of which temporary possession has been taken under this article, the Company shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land.
6
The Company shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of compensation, shall be determined under Part I of the Land Compensation Act 1961.
8
Without prejudice to article 28 below, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (6) above.
9
Where the Company takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
10
In this article —
a
“the maintenance period” in relation to a scheduled work, means the period of 5 years beginning with the date on which the work is opened for use; and
b
any reference to land within a specified distance of a work includes, in the case of a work under the surface of the ground, a reference to land within the specified distance of the point on the surface below which the work is situated.
Supplementary
Disregard of certain interests and improvements
16
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) above “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Set-off for enhancement in value of retained land
17
1
In assessing the compensation payable to any person in respect of the acquisition from him under this Order of any land (including the subsoil or undersurface), the tribunal shall set off against the value of the land so acquired any increase in value of any contiguous or adjacent land belonging to that person in the same capacity which will accrue to him by reason of the construction of the authorised works.
2
In assessing the compensation payable to any person in respect of the acquisition from him of any new rights over land (including the subsoil or undersurface) under article 11 above, the tribunal shall set-off against the value of the rights so acquired —
a
any increase in the value of the land over which the new rights are required, and
b
any increase in value of any contiguous or adjacent land belonging to that person in the same capacity,
which will accrue to him by reason of the construction of the authorised works.
3
The Land Compensation Act 1961 shall have effect subject to paragraphs (1) and (2) above as if this Order were a local enactment for the purposes of that Act.
Acquisition of part of certain properties
18
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 10 above) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on the Company a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless the Company agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice, or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice, but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which the Company is authorised to acquire compulsorily under this Order.
8
If the Company agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house, and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which the Company is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, the Company may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and if it does so shall pay the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined in case of dispute by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, the Company shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
19
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
as from the acquisition of the land by the Company, whether compulsorily or by agreement, or
b
on the entry on the land by the Company under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land of which the Company takes temporary possession under this Order shall be suspended and unenforceable for as long as the Company remains in lawful possession of the land.
3
Any person who suffers loss by the extinguishment or suspension of any private rights of way under this article shall be entitled to compensation to be determined, in the case of dispute, under Part I of the Land Compensation Act 1961.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc.) applies.
Time limit for exercise of powers of acquisition
20
1
The powers conferred by this Order to acquire land or rights over land compulsorily, and the power conferred by article 14 above to enter upon and take temporary possession of land, shall cease at the end of the period of 5 years beginning on the day on which this Order comes into force.
2
Paragraph (1) above shall not prevent the Company remaining in possession of land in accordance with article 14 above after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART IV
MISCELLANEOUS AND GENERAL
Power to make agreements with Heathrow Airport Limited
21
1
The Company and Heathrow Airport Limited may enter into and carry into effect agreements with respect to the construction, maintenance, use and operation of the authorised works or any part thereof and as to any other matters incidental or subsidiary thereto or consequential thereon, including the defraying of or making of contributions towards costs incurred by either party to the agreement.
2
Any such agreement may provide for the exercise by Heathrow Airport Limited, or the Company and Heathrow Airport Limited jointly, of all or any of the powers of the Company (whether under this Order or under any other enactment) in respect of the authorised works or any part thereof and for the transfer to and vesting in Heathrow Airport Limited, or the Company and Heathrow Airport Limited jointly, of those works or any part thereof together with the rights and obligations of the Company in relation thereto.
3
Any such agreement may also provide for the use by the Company, for the purpose of the railway comprised in the authorised works, of any works or facilities constructed within the limits of deviation or the areas described in Schedule 2 to this Order under any enactment authorising an extension of the railway authorised by the Heathrow Express Railway Act 1991 .
4
The exercise by Heathrow Airport Limited or the Company and Heathrow Airport Limited jointly, of any of the powers of this Order shall be subject to all statutory and contractual provisions in relation thereto as would apply if those powers were exercised by the Company alone and accordingly those provisions with any necessary modifications shall apply to the exercise of such powers by Heathrow Airport Limited, or by the Company and Heathrow Airport Limited jointly.
5
In this article references to Heathrow Airport Limited include references to any subsidiary (within the meaning of section 736 of the Companies Act 1985 ) of Heathrow Airport Limited.
For the protection of Heathrow Airport Limited
22
The provisions of Schedule 4 to this Order shall have effect.
For the protection of the Company in the event of transfer
23
If the powers of the Company under this Order to construct the authorised works or any part thereof are transferred to another person by virtue of an agreement under article 21 above then, except as may be otherwise provided in such agreement or Order, the provisions of Schedule 5 to this Order shall apply for the protection of the Company.
Statutory undertakers, etc.
24
The provisions of Schedule 6 to this Order shall have effect.
For the protection of fuel pipelines and facilities
25
The provisions of Schedule 7 to this Order shall have effect.
Certification of plans, etc.
26
The Company shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, sections and plans referred to in this Order, and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
27
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) above is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body, and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it), and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
28
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
29
Any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Department for Transport, Local Government and the Regions
9th April 2002


text:
Citation and commencement
1
This Order may be cited as the Elections (Policy Development Grants Scheme) Order 2002 and shall come into force on 5th March 2002.
Policy development grants
2
The scheme set out in the Schedule to this Order shall have effect for the purpose of the making by the Commission of policy development grants on or after the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
5th February 2002


text:
1
This Order may be cited as the Relief for Community Amateur Sports Clubs (Designation) Order 2002 and shall come into force on 15th August 2002.
2
A sport is designated as an eligible sport for the purposes of Schedule 18 to the Finance Act 2002 where that sport appears on the list maintained by the National Sports Councils of activities recognised by them.
3
“The National Sports Councils” means UK Sport, Sport England, Sport Scotland, the Sports Council of Wales and the Sports Council of Northern Ireland.
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Waste Management Licensing (Amendment) (England) Regulations 2002 and shall come into force on 14th March 2002.
2
These Regulations apply to England only.
Amendment of regulation 12 of the Waste Management Licensing Regulations 1994
2
1
Regulation 12 of the Waste Management Licensing Regulations 1994 is amended as follows.
2
In paragraph (1)(b) —
i
after paragraph (i) delete ‘or’;
ii
at the end insert —
iii
the collection or storage of a controlled substance from any waste product, installation or equipment.
.
3
After paragraph (1) insert —
1A
For the purposes of paragraph (1)(b)(iii) above, ‘controlled substance’ means any one of the following:
chlorofluorocarbons, other fully halogenated chlorofluorocarbons, halons, carbon tetrachloride, 1,1,1-trichloroethane, methyl bromide, hydrobromofluorocarbons, hydrochlorofluorocarbons.
.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
12th March 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Employment Act 2002 (Commencement No. 1) Order 2002.
2
In this Order, “ the Act ” means the Employment Act 2002.
Commencement
2
Paragraph 50 of Schedule 7 to the Act, and section 53 of the Act so far as it relates to that paragraph, shall come into force on 31st July 2002.
Alan Johnson
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
15th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North and East Devon Partnership National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 25th March 2002.
2
In this Order —
“ the Order ” means the North and East Devon Partnership National Health Service Trust (Establishment) Order 2001 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Devon Partnership National Health Service Trust instead of the North and East Devon Partnership National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “North and East Devon Partnership” there shall be substituted “Devon Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Further amendment of NHS trust establishment order
3
1
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from Devon Partnership National Health Service Trust, Wonford House Hospital, Dryden Road, Exeter, Devon, EX2 5AF;
and at or from any associated hospitals, establishments or facilities.
.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
14th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Fareham and Gosport Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Fareham and Gosport Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Fareham and Gosport Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Metropolitan Borough of Bury) Order 2002 and shall come into force on 14th October 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the metropolitan borough of Bury with the exception of the following roads:
a
the M60 motorway for the whole of its length in the metropolitan borough including all its on and off slip roads;
b
the M62 motorway for the whole of its length in the metropolitan borough including all its on and off slip roads;
c
the M66 motorway for the whole of its length in the metropolitan borough including all its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
19th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Community Bus (Amendment) Regulations 2002 and shall come into force on 1st November 2002.
Amendment of fee payable for a permit
2
1
The Community Bus Regulations 1986 shall be amended in accordance with paragraph (2) below.
2
In regulation 4(1), for “£37” there shall be substituted “£39”.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
6th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Parkside National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Parkside National Health Service Trust ;
“the new Trust” means the North West London Hospital National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 28th November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulation of Investigatory Powers (Maintenance of Interception Capability) Order 2002 and shall come into force on 1st August 2002.
2
In this Order “service provider” means a person providing a public postal service or a public telecommunications service, or proposing to do so.
Interception capability
2
1
The Schedule to this Order sets out those obligations which appear to the Secretary of State reasonable to impose on service providers for the purpose of securing that it is and remains practicable for requirements to provide assistance in relation to interception warrants to be imposed and complied with.
2
Subject to paragraph (3) the obligations in —
a
Part I of the Schedule only apply to service providers who provide, or propose to provide, a public postal service; and
b
Part II of the Schedule only apply to service providers who provide, or propose to provide, a public telecommunications service.
3
The obligations in Part II of the Schedule shall not apply to service providers who —
a
do not intend to provide a public telecommunications service to more than 10,000 persons in any one or more parts of the United Kingdom and do not do so; or
b
only provide, or propose to provide, a public telecommunications service in relation to the provision of banking, insurance, investment or other financial services.
Interception capability notices
3
1
The Secretary of State may give a service provider a notice requiring him to take all such steps falling within paragraph (2) as may be specified or described in the notice.
2
Those steps are ones appearing to the Secretary of State to be necessary for securing that the service provider has the practical capability of meeting the obligations set out in the Schedule to this Order.
Referral of notices to the Technical Advisory Board
4
The period within which any person to whom a notice has been given under article 3 may refer the notice to the Technical Advisory Board is specified as being before the end of 28 days from the date of the notice.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
22nd July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Harrow and Hillingdon Healthcare National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Harrow and Hillingdon Healthcare National Health Service Trust ;
“the new Trusts” means the Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust , the Hillingdon Hospital National Health Service Trust and the North West London Hospitals National Health Service Trust ;
“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1), (2) and (3) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust on 29th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Brent, Kensington & Chelsea and Westminster Mental Health National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Hillingdon Hospital National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the Hillingdon Hospital National Health Service Trust on 28th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Hillingdon Hospital National Health Service Trust.
3
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the North West London Hospitals National Health Service Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the North West London Hospitals National Health Service Trust on 29th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the North West London Hospitals National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
1
This Order may be cited as the Maintenance Orders (Facilities for Enforcement) (Revocation) Order 2002 and shall come into force on 28th May 2002, immediately after the coming into force of the Reciprocal Enforcement of Maintenance Orders (Designation of Reciprocating Countries) Order 2002.
2
“Brunei” and “Newfoundland and” shall be omitted from the First Schedule to the Maintenance Orders (Facilities for Enforcement) Order 1959 .
A K Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the District of Craven (Ribble Banks Parish Council) (Electoral Changes) Order 2002.
2
This Order shall come into force on the day after that on which it is made.
Changes to elections arrangements for the Parish of Ribble Banks
2
1
The term of office of any parish councillor elected on the ordinary day of election of councillors in 2003 for the Ribble Banks Parish Council shall be three years.
2
Elections for all parish councillors for the Ribble Banks Parish Council shall be held simultaneously on the ordinary day of election of councillors in 2006 and in every fourth year thereafter.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
26th March 2002


text:
Citation and commencement
1
This Order may be cited as the Insider Dealing (Securities and Regulated Markets) (Amendment) Order 2002, and comes into force on the day after the day on which it is made.
Amendment of the Insider Dealing (Securities and Regulated Markets) Order 1994
2
1
The Insider Dealing (Securities and Regulated Markets) Order 1994 is amended as follows.
2
In article 9, omit “, operated by J P Jenkins Limited”.
3
In article 10 —
a
for “Tradepoint Financial Networks plc”, substitute “virt-x Exchange Limited”;
b
for “CORDEAL Limited”, substitute “the exchange known as COREDEALMTS”;
c
omit “, operated by J P Jenkins Limited”.
4
In the Schedule —
a
for “CORDEAL Limited”, substitute “The exchange known as COREDEALMTS.”;
b
after “Stuttgart Stock Exchange”, insert “The exchange known as SWX Swiss Exchange.”;
c
omit “Tradepoint Financial Networks plc.”;
d
after “Vienna Stock Exchange.”, insert “virt-x Exchange Limited.”.
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
18th July 2002


text:
Citation and commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Winding Up Notices and Reports etc.) Regulations 2002 and come into force on 1st April 2002.
2
In these Regulations —
“the 1993 Act ” means the Pension Schemes Act 1993,
“the 1995 Act ” means the Pensions Act 1995,
“member”, “deferred member” and “pensioner member” have the meanings given in section 124(1) of the 1995 Act , subject to the provision made by regulations 6(3) and 11(3), and
“small self-administered scheme” has the meaning given in regulation 2(1) of the Retirement Benefits Schemes (Restriction on Discretion to Approve) (Small Self-administered Schemes) Regulations 1991 .
Amendment of the Occupational Pension Schemes (Disclosure of Information) Regulations 1996
2
1
The Occupational Pension Schemes (Disclosure of Information) Regulations 1996 are amended as follows.
2
In regulation 5(10)(a), (b) and (d) the words “every person entitled to a pension credit” are omitted.
3
After regulation 5(12) there is inserted —
12AA
If any member or beneficiary of a scheme in respect of which a report has been made to the Regulatory Authority under section 72A of the 1995 Act (reports about winding up) requests a copy of the report, the trustees must provide him with a copy of it within two months of the request being made.
.
4
In regulation 5(12A) (application of paragraphs (10) and (12) of regulation 5 where only a section of a scheme is being wound up) for the words “and (12)” there are substituted the words “(12) and (12AA)”.
Schemes within section 22 of the 1995 Act: appointment of independent trustee
3
1
A person who is subject to the duty under section 23(1)(b) of the 1995 Act (duty of insolvency practitioner or official receiver to appoint an independent trustee of a trust scheme where he is not satisfied that at least one of the scheme’s trustees is an independent person) must perform that duty before the end of the period of three months beginning with —
a
the date on which the person first becomes aware that section 22 of that Act applies in relation to the scheme in question, or
b
the date on which the duty arises,
whichever is the later.
2
Section 26A(1) of that Act (trustees' obligation to give notice to the Authority as soon as reasonably practicable after it first appears to any of them as mentioned in paragraph (a) and (b) of that subsection) has effect as if for the words “as soon as reasonably practicable” there were substituted the words “within the period of one month”.
3
Section 26A(2) of that Act (obligation of every person involved in the administration of a scheme to give notice to the Authority as soon as reasonably practicable after it first appears to him that the scheme is without trustees) has effect as if for the words “as soon as reasonably practicable” there were substituted the words “within the period of one month”.
Other schemes: notice to the Authority that section 26B of the 1995 Act applies
4
1
Section 26B(1) of the 1995 Act (obligation of every person involved in the administration of a scheme to give notice to the Authority as soon as reasonably practicable after it first appears to him as mentioned in paragraphs (a) and (b) of that subsection) has effect as if for the words “as soon as reasonably practicable” there were substituted the words “within the period of one month”.
2
The period prescribed for the purposes of section 26B(3)(b) of that Act (the period during which no person is required to give notice to the Authority that a case falls within section 26B(1)(a) to (d)) is the period of three months beginning with the relevant date.
3
In paragraph (2) “the relevant date” means the date on which the event occurred by virtue of which the scheme in question became a scheme in relation to which section 22 of that Act would apply but for regulations under section 118 of that Act .
Persons exempted from obligations to give notices to the Authority under section 26A or section 26B of the 1995 Act
5
In section 26C of the 1995 Act (construction of sections 26A and 26B) references, in relation to a scheme, to a person involved in the administration of the scheme do not include any person whose only involvement with the scheme is in connection with —
a
underwriting policies of insurance that are specifically allocated to the provision of benefits for individual members or other persons with rights to benefits under the scheme or annuity contracts, or
b
providing advice about the management of investments.
Schemes excluded from sections 26A and 26B of the 1995 Act
6
1
Section 26A of the 1995 Act does not apply to any scheme within paragraph (2)(a) or (b) and 26B of that Act does not apply to any scheme within paragraph (2).
2
A scheme is within this paragraph if it is —
a
a scheme of which there is only one member,
b
a small self-administered scheme,
c
a scheme of which each member is a trustee, or
d
a scheme —
i
the only benefits provided by which are death benefits, and
ii
under the provisions of which no member has accrued rights.
3
In this regulation “member” means a deferred member or a pensioner member.
Penalties for failing to give notice to the Authority under section 26A or section 26B of the 1995 Act
7
1
This regulation applies for the purpose of prescribing the meaning of “the maximum amount” in section 10 of the 1995 Act (civil penalties) in cases where that section applies to any person by virtue of section 26A(7) or (8) or 26B(4) of that Act (failure to give certain notices to the Authority).
2
Where that person is an individual, the maximum amount is £1,000.
3
Where that person is not an individual, the maximum amount is £10,000.
Applications to the Authority to modify schemes to secure winding up
8
1
This regulation applies where an application is made to the Authority under section 71A of the 1995 Act (modification by the Authority to secure winding up) to make an order modifying a scheme with a view to ensuring that it is properly wound up.
2
The application must —
a
set out the modification requested,
b
specify the effects, if any, which the modification would or might have —
i
on benefits under the scheme that are in payment at the time of the application, and
ii
on benefits under it which are or may be payable at a later time,
c
specify the reason for requesting the modification,
d
specify whether any previous application has been made to the court or to the Authority for an order to make the modification requested by the application or any similar modification,
e
confirm that at the time the application is made the employer in relation to the scheme is subject to an insolvency procedure (within the meaning given by section 71A(8) of the 1995 Act),
f
specify whether the modification would reduce the value of the assets, if any, which might otherwise be distributed to that employer on the winding up, and
g
contain a statement that the notices required by paragraph (3) have been given.
3
Before making the application the trustees or managers of the scheme must give notice in writing that the application is being made —
a
to all members of the scheme in respect of whom they have a current address, and
b
if the modification would reduce the value of the assets which might otherwise be distributed to the employer on the winding up, to the person acting as an insolvency practitioner in relation to the employer or, as the case may be, the official receiver;
and the references in sub-paragraph (b) to “acting as an insolvency practitioner” and “official receiver” are to be construed in accordance with sections 388 and 399 of the Insolvency Act 1986 .
4
A notice under paragraph (3) must —
a
in the case of a notice under paragraph (3)(a), specify the information referred to in paragraph (2)(a), (b), (c) and (f),
b
in the case of a notice under paragraph (3)(b), specify the information referred to in paragraph (2)(a) to (d) and (f),
c
specify the date on which it is given, and
d
contain a statement about the recipient’s rights under paragraph (5).
5
A member of the scheme in respect of which the application is made or a person to whom a notice is to be given under paragraph (3)(b) may make representations to the Authority about the modification requested by the application during the period of one month beginning with the date specified under paragraph (4)(c).
6
Before determining the application, the Authority must consider any representations duly made to them under paragraph (5).
7
The application must be accompanied by the following documents —
a
a copy of —
i
the documents constituting the scheme or, if any of those documents have been consolidated, the consolidated version of them,
ii
if the documents mentioned in sub-paragraph (a)(i) do not set out the rules of the scheme, those rules, and
iii
any document which amends or supplements or wholly or partly supersedes any document within sub-paragraph (a)(i) or (ii),
b
if an actuary is required to be appointed under section 47(1)(b) of the 1995 Act, a copy of any advice given by the actuary so appointed to the trustees or managers concerning the effects, if any, that the modification requested by the application would or might have on the assets of, or the benefits provided by, the scheme,
c
subject to paragraph (9), a copy of any legal advice given to the trustees or managers in relation to the modification requested by the application,
d
a copy of any determination by a court concerning the modification requested or any similar modification, and
e
if a record is required to be kept under section 49A(1) of the 1995 Act of the trustees' or managers' determination that the scheme be wound up, a copy of that record.
8
Subject to paragraph (9), if in dealing with the application it appears to the Authority necessary or desirable that any information or document which is not required to be given to them under paragraph (2) or (7) be given to them before they determine the application, they may require the trustees or managers to provide it.
9
Nothing in paragraph (7)(c) or (8) requires a person to produce a document if he would be entitled to refuse to produce it in any proceedings in any court on the grounds that it was the subject of legal professional privilege or, in Scotland, that it contained a confidential communication made by or to an advocate or solicitor in that capacity.
Reports to the Authority about winding up: time limits
9
1
Section 72A of the 1995 Act (reports to Authority while schemes are being wound up) applies to a winding up beginning on or after 1st April 1973.
2
In the case of a winding up which began before 1st April 2002, the first report to be made under section 72A must be made before the relevant date.
3
The “relevant date” in relation to a winding up, means —
a
if the winding up began before 1st January 1990, 1st June 2002,
b
if the winding up began on or after 1st January 1990 but before 1st January 1993, 1st April 2003,
c
if the winding up began on or after 1st January 1993 but before 1st January 1996, 1st April 2004,
d
if the winding up began on or after 1st January 1996 but before 1st January 1999, 1st April 2005,
e
if the winding up began on or after 1st January 1999 but before 1st April 2002, 1st April 2006.
4
In the case of a winding up which begins on or after 1st April 2002 but before 1st April 2003, the first report to be made under section 72A must be made —
a
after the end of the period of three years beginning with the day on which the winding up begins, and
b
before the end of the period of one year beginning with the end of the period that applies under sub-paragraph (a).
5
In the case of a winding up which begins on or after 1st April 2003, the first report to be made under section 72A must be made —
a
after the end of the period of three years beginning with the day on which the winding up begins, and
b
before the end of the period of three months beginning with the end of the period that applies under sub-paragraph (a).
Contents of reports to the Authority about winding up
10
1
In the case of each winding up, the first report to the Authority under section 72A(1) of the 1995 Act must contain —
a
the name by which the scheme is known,
b
the date on which the winding up began,
c
the number allotted to the scheme by the Registrar of Occupational and Personal Pension Schemes for the purposes of the register kept under section 6 of the 1993 Act,
d
a statement as to the nature of the benefits provided by the scheme,
e
a statement as to whether an appointment has been made under section 23(1)(b) of the 1995 Act (appointment of independent trustee by insolvency practitioner or official receiver), and if such an appointment has been made and the report is not being made by the person appointed, that person’s name and address,
f
if an actuary is required to be appointed under section 47(1)(b) of the 1995 Act, his name and address,
g
a statement as to whether any of the administration of the scheme is being carried out by a person other than the trustees or managers and, if so, the person’s name and address,
h
a statement as to when the person making the report estimates that the winding up will be completed,
i
a statement as to —
i
what steps in the winding up have been completed,
ii
what steps remain to be completed, and
iii
when the person making the report estimates that each of those steps will be completed, and
j
a statement as to whether any particular difficulties are hindering or delaying completion of the winding up.
2
In the case of each winding up, a second or subsequent report to the Authority under section 72A(1) of the 1995 Act (“the later report”) must contain —
a
the name by which the scheme is known,
b
the date on which the winding up began,
c
a statement as to whether any of the administration of the scheme is being carried out by a person other than the trustees or managers and, if so, the person’s name and address,
d
if the person making the later report estimates that the winding up will be completed at a different time from that stated in the previous report under section 72A(1), a statement as to that time,
e
a statement as to —
i
the steps in the winding up that have been completed since the previous report was made,
ii
if steps stated in that report to be due for completion before the date when the later report is made have not been so completed, the reasons why they have not,
iii
what steps remain to be completed, and
iv
when the person making the later report estimates that each of those steps will be completed, and
f
a statement as to whether any particular difficulties are hindering or delaying completion of the winding up.
Exemption from requirement to make reports to the Authority about winding up
11
1
There is no obligation to make a report to the Authority under section 72A(1) of the 1995 Act if on the latest date for the making of the report the scheme is within paragraph (2).
2
A scheme is within this paragraph if it is —
a
a scheme of which there is only one member,
b
a small self-administered scheme,
c
a scheme of which each member is a trustee, or
d
a scheme —
i
the only benefits provided by which are death benefits, and
ii
under the provisions of which no member has accrued rights.
3
In this regulation “member” means a deferred member or a pensioner member.
Time when winding up taken to begin
12
Section 124(3A) to (3D) of the 1995 Act (time when winding up of a scheme is to be taken to begin) does not apply for the purposes of —
a
sections 73 and 74 of that Act (preferential liabilities on winding up and discharge of liabilities by insurance, etc.) , or
b
the Occupational Pension Schemes (Winding Up) Regulations 1996 .
Records of decisions about winding up
13
1
The obligations imposed on trustees, managers and other persons by section 49A of the 1995 Act and this regulation do not apply in relation to determinations and decisions made before 1st April 2002.
2
A record of a determination for the winding up of a scheme that is required to be kept under section 49A(1)(a) of the 1995 Act must specify —
a
the names of the persons making the determination, and
b
the date on which it is made.
3
A record of a decision as to the time from which steps for the purposes of the winding up of the scheme are to be taken that is required to be kept under section 49A(1)(b) of that Act must specify the date on which the first steps for winding it up are to be taken.
4
A record of a determination that is required to be kept under section 49A(1)(c) or (d) of that Act (determinations to defer winding up) must —
a
if a date on which it is proposed to wind up the scheme is determined, specify that date, and
b
if no such date is determined but a date on which the determination of that date will be considered is determined, specify that date.
5
Where such a determination or decision as is mentioned in paragraph (a), (b), (c) or (d) of section 49A(1) of that Act is made by persons who —
a
are not trustees or managers of the scheme, but
b
are entitled in accordance with the scheme’s rules to make a determination for its winding up,
the obligation under that section applies to those persons.
6
Paragraph (5) applies whether or not the determination or decision in question is also made by persons who are trustees or managers of the scheme, and —
a
in a case where it is also made by the trustees or managers, the obligation under section 49A(1) applies to the persons on whom it is imposed by paragraph (5) as well as the trustees or managers, but
b
in a case where it is not also made by the trustees or managers, the obligation under section 49A(1) applies to the persons on whom it is imposed by paragraph (5) instead of the trustees or managers.
7
A person who fails to take all such steps as are reasonable to comply with an obligation imposed by paragraph (5) is liable to pay a penalty under section 10 of that Act of such amount not exceeding —
a
£5,000 in the case of an individual, and
b
£50,000 in any other case,
as is specified in a notice in writing from the Authority requiring him to pay the penalty under that section.
8
Such a penalty must be paid within 28 days beginning with the date on which the notice is given.
Directions by the Authority for facilitating winding up
14
1
For the purposes of section 72B(2)(c)(iii) of the 1995 Act (by virtue of which the Authority may give directions during the winding up of a scheme if they consider that it is being obstructed or delayed by the failure of any person to provide information to a person of a prescribed description), the following persons are prescribed.
2
They are —
a
any person who has exercised or is exercising functions in relation to the scheme by or under an enactment,
b
any person acting as the custodian of any investments on behalf of the trustees or managers of the scheme,
c
any person holding —
i
documents relating to the payroll for pensions payable under the scheme or their payment,
ii
payroll records relating to employment to which the scheme relates,
iii
personnel pension records in respect of those who are or have been in such employment, or
iv
other information relating to the past or present membership of the scheme,
d
any person holding, or involved in the production or issue of, scheme documentation, announcements or written materials,
e
any person who is obliged under a contract with a person falling within any of sub-paragraphs (a) to (d) above to carry out on his behalf any function by virtue of the performance of which the other person falls or would fall within the sub-paragraph in question, and
f
any person appearing to the Authority to hold information or documents relating to the functioning of the scheme.
3
For the purposes of section 72B(3) of that Act (under which, except in prescribed circumstances, the Authority’s power to give directions under section 72B is limited to cases where periodic reports are required to be made under section 72A of that Act and the first report has been made or is due), the following circumstances are prescribed.
4
They are that —
a
the trustees or managers of the scheme have applied for the Authority to give directions under section 72B of that Act, or
b
the circumstances of the scheme are such that its winding up is unlikely to be completed within a reasonable period unless the Authority give such directions, or
c
the winding up began before 1st April 2006.
5
For the purposes of section 72B(5)(c) of that Act (by virtue of which a direction under section 72B may impose a requirement on a person of a prescribed description), any person formerly involved in the administration of the scheme is prescribed.
6
For the purposes of section 72B(6)(c) of that Act (by virtue of which a direction under section 72B may impose a requirement to provide information to a person of a prescribed description), any person exercising functions in relation to the scheme by or under an enactment is prescribed.
7
An application under section 72B(7) of that Act for the extension (or further extension) of a period within which steps required by a direction under section 72B are to be taken must be made in writing no later than two months before the date on which, apart from any extension (or further extension) as a result of the application, the period would end.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
4th March 2002


text:
This Order may be cited as the General Dental Council (President of the Council) Rules Order of Council 2002 and shall come into force on 30th September 2002.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2002 and shall come into force on 1st February 2002 and shall continue in force until the end of 31st December 2002, when it shall expire.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“immigration advice” and “immigration services” have the same meanings as in section 82 of the Act;
“work permit” has the same meaning as in the Immigration Act 1971 ;
“immediate family” means a person’s spouse, and children below eighteen years of age.
Exemption of relevant employers
3
1
Subject to paragraph (2), section 84(1) of the Act (provision of immigration services) shall not apply to a person who provides immigration advice or immigration services free of charge to an employee or prospective employee who has been granted a work permit and where the immigration advice or immigration services are restricted to matters which concern that employee or that employee’s immediate family.
2
For the purposes of paragraph (1), the person providing the immigration advice or immigration services must be the employer or prospective employer of the person receiving the advice or services, or an employee of that employer acting as such.
Jeff Rooker
Minister of State
Home Office
7th January 2002