text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oldham 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 Oldham National Health Service Trust ;
“the new Trusts” means the Pennine Care National Health Service Trust and the Pennine Acute Hospitals National Health Service Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Pennine Care National Health Service Trust and signed on behalf of the old Trust on 1st February 2002 and on behalf of the Pennine Care National Health Service Trust on 6th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Pennine Care 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 Pennine Acute Hospitals National Health Service Trust and signed on behalf of both the old Trust on 1st February 2002 and on behalf of the Pennine Acute Hospitals National Health Service Trust on 6th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Pennine Acute 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


type: legislation

jurisdiction: UK

text:
PART I
INTRODUCTION
Citation, commencement, application and interpretation
1
1
These regulations may be cited as the Schools Forums (England) Regulations 2002 and shall come into force on 2nd September 2002.
2
These Regulations shall apply only in relation to England.
3
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“schools maintained by the relevant authority” means all community, community special, foundation, foundation special and voluntary schools maintained by the relevant authority;
“school category” means the category of community, voluntary aided, voluntary controlled or foundation schools as defined in Part II of Chapter I of the 1998 Act.
4
In these Regulations, a reference to a governing body does not include a reference to the temporary governing body of a new school and a reference to a governor does not include a reference to a member of the temporary governing body of a new school, where “new school” has the meaning given by section 72(3) of the 1998 Act.
PART 2
ESTABLISHMENT, CONSTITUTION, MEETINGS AND PROCEEDINGS
Establishment of schools forum
2
A local education authority shall establish a schools forum for their area by 15th January 2003.
Membership: general
3
1
A forum shall have at least 15 members.
2
Each member of the forum shall be a schools member except that the relevant authority may appoint not more than one fifth of the total membership as non-schools members to represent relevant bodies as defined in regulation 5.
3
The relevant authority may end the appointment of any forum member before the expiry of his term of membership if the member concerned ceases to hold the office by virtue of which he became eligible for appointment to the forum.
Election and appointment of schools members
4
1
The relevant authority shall appoint as schools members representatives of schools maintained by the relevant authority who have been elected in accordance with procedures determined by and for a length of term specified by the relevant authority.
2
In determining the procedures referred to in paragraph (1) —
a
the relevant authority shall ensure that schools members include a proportionate number both of representatives of primary schools and of representatives of secondary schools, having regard to the total number of pupils at primary schools, the total number of pupils at secondary schools and the total number of schools members elected under such procedures;
b
where the relevant authority maintains one or more special schools, the relevant authority shall ensure that at least one schools member shall be a representative of such a school;
c
where one or more schools maintained by the relevant authority are of a particular school category, the relevant authority may make arrangements to ensure that the number of representatives of such schools elected as schools members shall be appropriate having regard to the total number of such schools and the total number of schools maintained by the relevant authority.
3
In this regulation —
a
“primary school” means a primary school maintained by the relevant authority;
b
“secondary school” means a secondary school maintained by the relevant authority;
c
“representative” means either a head teacher or a governor of a school maintained by the relevant authority; and
d
“special school” means a community special school or a foundation special school.
Appointment of non-schools members
5
1
Where the relevant authority determine that they will appoint non-schools members to the forum, they shall seek nominations for such members from relevant bodies.
2
Within one month of the appointment of any member nominated under paragraph (1), the relevant authority shall inform schools maintained by them of the name of the member and of the relevant body in respect of that appointment.
3
If, on notification of a complaint by any person, the Secretary of State determines that a non-schools member appointed by a relevant authority represents a body which in her opinion should not be represented on that relevant authority’s forum, she may direct the relevant authority to end the appointment of that person forthwith.
4
In appointing non-schools members under paragraph (1), the relevant authority shall consider seeking nominations from —
a
the Diocesan Board of Education for any diocese of the Church of England any part of which is comprised in the relevant authority’s area; and
b
the bishop of any Roman Catholic Church diocese any part of which is comprised in the relevant authority’s area,
both of which shall constitute relevant bodies for this purpose.
5
In this regulation, “relevant body” means a body (other than the local learning and skills council for the relevant authority (“the LSC ”) but including the relevant authority itself) which is identified by a relevant authority as appropriate for representation on a forum.
Meetings and proceedings of schools forum
6
1
The forum shall be quorate if at least forty per cent of the total membership is present at a meeting.
2
The LSC shall be entitled to nominate an observer, who shall be entitled to attend all meetings of the forum.
PART 3
FUNCTIONS
Consultation on school funding formula
7
1
The relevant authority shall consult the forum on:
a
any proposed changes in relation to the factors and criteria that were taken into account, or the methods, principles and rules that have been adopted, in their formula made in accordance with regulations made under section 47 of the School Standards and Framework Act 1998, and
b
the financial effect of any such change.
2
Consultation under paragraph (1) shall take place in sufficient time to allow the views expressed to be taken into account in the determination of the relevant authority’s formula and in the initial determination of schools' budget shares before the beginning of the financial year.
Consultation on contracts
8
The relevant authority shall at least one month prior to the issue of invitations to tender consult the forum on the terms of any proposed contract for supplies or services being a contract paid or to be paid out of the relevant authority’s schools budget where either
a
the estimated value of the proposed public services contract is not less than the specific threshold which applies to the relevant authority in pursuance of Regulation 7(1) of the Public Services Contracts Regulations 1993 ; or
b
the estimated value of the proposed public supply contract is not less than the specific threshold which applies to the relevant authority in pursuance of Regulation 7(2) of the Public Supply Contracts Regulations 1995 .
Consultation on financial issues
9
1
The relevant authority shall consult the forum annually in respect of the relevant authority’s functions relating to the schools budget, in connection with the following:
a
the arrangements to be made for the education of pupils with special educational needs;
b
arrangements for the use of pupil referral units and the education of children otherwise than at school;
c
arrangements for early years education;
d
arrangements for insurance;
e
prospective revisions to the relevant authority’s scheme for the financing of schools;
f
administrative arrangements for the allocation of central government grants paid to schools via the relevant authority; and
g
arrangements for free school meals.
2
The relevant authority may consult the forum on such other matters concerning the funding of schools as they see fit.
Provision of account to schools
10
The forum shall, as soon as reasonably possible, inform the governing bodies of schools maintained by the relevant authority of all consultations carried out under this Part of these regulations.
PART 4
EXPENSES
Charging of expenses
11
All expenses of the forum shall be met by the relevant authority, and charged to the local schools budget until 1 April 2003 and thereafter to the schools budget.
Members' expenses
12
The relevant authority shall reimburse all reasonable expenses of members in connection with attendance at meetings of the forum.
David Miliband
Minister of State,
Department for Education and Skills
8th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) and Jobseeker’s Allowance Amendment Regulations 2002 and shall come into force on 17th June 2002.
Amendment of the Income Support (General) Regulations 1987 and of the Jobseeker’s Allowance Regulations 1996
2
In paragraph (b) of the definition of “self-employment route” in both regulation 2(1) of the Income Support (General) Regulations 1987 and regulation 1(3) of the Jobseeker’s Allowance Regulations 1996 (interpretation) —
a
at the end of both sub-paragraphs (ii) and (iii), the word “or” shall be omitted;
b
at the end of sub-paragraph (iv), there shall be added the following —
or
v
the New Deal for Lone Parents ;
.
Signed by authority of the Secretary of State for Work and Pensions
Nick Brown
Minister of State,
Department for Work and Pensions
24th May 2002


text:
Citation, commencement, interpretation, and extent
1
1
This order may be cited as the Eastbourne and County National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 (No. 2) and shall come into force on 1 October 2002.
2
In this Order —
“ the Order ” means the Eastbourne and County National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of National Health Service Trust and transitional provisions
2
1
The Trust shall be called the East Sussex County Healthcare National Health Service Trust instead of the East Sussex County National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “East Sussex County” there shall be substituted “East Sussex County Healthcare”.
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.
Revocation of previous Change of Name Order
3
The Eastbourne and County National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 is revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
16th September 2002


text:
1
This Order may be cited as the Armed Forces Act 2001 (Commencement No. 2) Order 2002.
2
Subject to article 3 of this Order, the following provisions of the Armed Forces Act 2001 (“ the Act ”) shall come into force on 28th February 2002 —
section 17 and Schedule 1;
section 18;
section 19 and Schedule 2;
section 23;
section 24;
section 32(9) so far as is necessary to bring into force Schedule 5 to the extent specified below;
section 34 so far as is necessary to bring into force Schedule 6 to the extent specified below;
section 38 so far as is necessary to bring into force Schedule 7 to the extent specified below;
in Schedule 5, paragraph 5(2)(b) and (4);
in Schedule 6, paragraph 59;
Part 1 of Schedule 7.
3
Nothing in article 2 of this Order, in so far as it relates to section 23 of the Act, shall have effect in relation to —
a
any case in respect of which the prosecuting authority has notified the commanding officer of the accused of any charge preferred, or
b
any appeal to a court-martial from a Standing Civilian Court in respect of which the prosecuting authority has notified the commanding officer of the accused of any charge which is the subject of the appeal,
before 28th February 2002.
Adam Ingram
Minister of State, Ministry of Defence
18th February 2002


text:
PART 1
CITATION, COMMENCEMENT, INTERPRETATION AND EXTENT
Citation, commencement and extent
1
These Regulations may be cited as the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002, and shall come into force on 23rd December 2002.
2
These Regulations shall extend to England only.
Interpretation
3
In these Regulations —
“enforcement notice” means a notice issued under section 172(1) of the Planning Act or section 38(1) of the Listed Buildings Act ;
“the Hearings Rules ” means the Town and Country Planning (Enforcement) (Hearings Procedure) (England) Rules 2002 ;
“the Inquiries Rules ” means the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 ;
“the Inspectors Inquiries Rules ” means the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules ;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990;
“local planning authority” means the body who issue the relevant enforcement notice;
“the Planning Act” means the Town and Country Planning Act 1990.
PART 2
ENFORCEMENT NOTICES UNDER SECTION 172
Additional matters to be specified in enforcement notice
4
An enforcement notice issued under section 172 of the Planning Act shall specify —
a
the reasons why the local planning authority consider it expedient to issue the notice;
b
all policies and proposals in the development plan which are relevant to the decision to issue an enforcement notice; and
c
the precise boundaries of the land to which the notice relates, whether by reference to a plan or otherwise.
Explanatory note to accompany copy of enforcement notice
5
Every copy of an enforcement notice served by a local planning authority under section 172(2) of the Planning Act shall be accompanied by an explanatory note which shall include the following —
a
a copy of sections 171A, 171B and 172 to 177 of the Planning Act, or a summary of those sections including the following information —
i
that there is a right of appeal to the Secretary of State against the enforcement notice;
ii
that an appeal must be made by giving written notice of the appeal to the Secretary of State before the date specified in the enforcement notice as the date on which it is to take effect or by sending such notice to him in a properly addressed, pre-paid letter posted to him at such time that, in the ordinary course of post, it would be delivered to him before that date;
iii
the grounds on which an appeal may be brought under section 174 of the Planning Act;
iv
the fee payable under regulation 10 of the Town and Country Planning (Fees for Applications and Deemed Applications) Regulations 1989 for the deemed application for planning permission for the development alleged to be in breach of planning control in the enforcement notice;
b
notification that an appellant must submit to the Secretary of State, either when giving notice of appeal or within 14 days from the date on which the Secretary of State sends him a notice so requiring him, a statement in writing specifying the grounds on which he is appealing against the enforcement notice and stating briefly the facts on which he proposes to rely in support of each of those grounds.
c
a list of the names and addresses of the persons on whom a copy of the enforcement notice has been served.
PART 3
APPEALS
Statement of appeal
6
A person who makes an appeal to the Secretary of State under section 174(3) of the Planning Act or section 39(2) of the Listed Buildings Act against an enforcement notice shall submit to the Secretary of State, a statement in writing —
i
specifying the grounds on which he is appealing against the notice; and
ii
setting out briefly the facts on which he proposes to rely in support of each of those grounds,
and if such a statement is not included with the appeal he shall deliver it to the Secretary of State not later than 14 days from the date on which the Secretary of State sends him a notice requiring him to do so.
Notification of appeal to the local planning authority
7
Upon receipt of the statement under regulation 6 the Secretary of State shall notify the local planning authority in writing that an appeal has been made and copy to them the appeal and the statement made under regulation 6.
Local planning authority to send a copy of notice to Secretary of State
8
Where the local planning authority receives notification under regulation 7 that an appeal has been made to the Secretary of State, the local planning authority shall send to the Secretary of State, not later than 14 days from the date of that notification, a certified copy of the enforcement notice and a list of names and addresses of the persons on whom a copy of the notice has been served under section 172(2) of the Planning Act or section 38(4) of the Listed Buildings Act, as the case may be.
Statement by local planning authority
9
1
Where an appeal has been made to the Secretary of State against an enforcement notice issued by a local planning authority, the authority shall submit to the Secretary of State and any person on whom a copy of the enforcement notice has been served, a statement indicating the submissions which they propose to put forward on the appeal, including —
a
a summary of the authority’s response to each of the grounds on which the appeal is brought by the appellant;
b
a statement whether the authority would be prepared to grant planning permission for the matters alleged in the enforcement notice to constitute the breach of planning control, or grant listed building consent or conservation area consent for the works to which the listed building enforcement notice or conservation area enforcement notice relates, as the case may be, and, if so, particulars of the conditions, if any, which they would wish to impose on the permission or consent.
2
Any statement which is required to be submitted under paragraph (1) shall be submitted within 6 weeks of the starting date.
3
In paragraph (2) “starting date” means the date of —
a
the Secretary of State’s written notice under regulation 10; or
b
the Secretary of State’s written notice under rule 4 of the Hearings Rules, rule 4 of the Inspectors Inquiries Rules or rule 4 of the Inquiries Rules, informing the appellant and the local planning authority that an inquiry or hearing, as the case may be, is to be held,
whichever is the later.
Notice of receipt of all required documents
10
When the Secretary of State considers that he has received all the documents required to enable him to entertain the appeal he shall send a notice to this effect to the appellant and the local planning authority.
PART 4
NOTICES ISSUED BY THE SECRETARY OF STATE
Application of Regulations
11
These Regulations, except regulations 7 and 8, apply to enforcement notices issued by the Secretary of State under section 182 of the Planning Act, to appeals made to the Secretary of State against such notices and to appeals against notices issued by him under section 46 of the Listed Buildings Act as they apply to such notices issued by local planning authorities and to appeals made against them as if —
a
for references to a local planning authority there were substituted references to the Secretary of State;
b
in regulation 4, for “section 172” there were substituted “section 182”;
c
in regulation 5 —
i
for “section 172(2)” there was substituted “section 182(1)”; and
ii
in paragraph (a), after “sections 171A, 171B and 172 to 177” there were inserted “and section 182”; and
d
for regulation 9 the following were substituted —
9
1
Where an appeal has been made to the Secretary of State against an enforcement notice which he has issued, the Secretary of State shall serve on the appellant a statement indicating the submissions which he proposes to put forward on the appeal including a summary of his response to each ground of appeal pleaded by the appellant within 6 weeks of the starting date
.
2
In paragraph (1) “starting date” means the date of —
a
the Secretary of State’s written notice under regulation 10; or
b
the Secretary of State’s written notice under rule 4 of the Hearings Rules, rule 4 of the Inspectors Inquiries Rules or rule 4 of the Inquiries Rules, informing the appellant and the local planning authority that a hearing or inquiry, as the case may be, is to be held,
whichever is the later.
PART 5
REVOCATION
Revocation and transitional provisions
12
1
Subject to paragraph (3), the Town and Country Planning (Enforcement Notices and Appeals) Regulations 1991 (“the 1991 Regulations ”) are hereby revoked in so far as they extend to England, except regulation 10(2) of those Regulations so far as it amends regulation 11 of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 .
2
Subject to paragraph (3), the Town and Country Planning (Enforcement Notices and Appeals)(Amendment) Regulations 1992 are hereby revoked in so far as they extend to England.
3
Subject to paragraph (4), any appeal to which the 1991 Regulations applied which has not been determined on the date when these Regulations come into force, shall be continued under the 1991 Regulations.
4
Where an appeal to which the 1991 Regulations applied is subsequently remitted to the Secretary of State for redetermination in proceedings before any court, the decision shall be redetermined in accordance with these Regulations.
Signed by the authority of the First Secretary of State
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
23rd October 2002


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Access to Meetings and Documents) (Period of Notice) (England) Order 2002 and shall come into force on 1st October 2002.
2
This Order applies in relation to local authorities in England.
Admission to meetings of principal councils
2
In subsection (6)(a) of section 100A of the Local Government Act 1972 (admission to meetings of principal councils) for “three clear days”, substitute “five clear days”.
Access to agenda and connected reports
3
In section 100B of the Local Government Act 1972 (access to agenda and connected reports), in —
a
subsection (3); and
b
subsection (4)(a),
for “three clear days”, in each case, substitute “five clear days”.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
14th March 2002


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Parliamentary Pensions (Amendment) Regulations 2002 and shall come into force on 5th August 2002, but regulations 4 to 7 shall have effect from 1st April 2001.
2
In these Regulations, the “ Principal Regulations ” means the Parliamentary Pensions (Consolidation and Amendment) Regulations 1993 .
Amendments to the Principal Regulations
Contributions
2
1
For paragraph (3) of regulation D1 in the Principal Regulations, there shall be substituted: —
3
Subject to paragraph (3A) below, for the purposes of paragraph (1) above the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 15th July 2002, is 6 per cent; or
b
in relation to a period beginning on or after 15th July 2002,
i
is 9 per cent; or
ii
where a participating Member opts to contribute to the Fund at a reduced rate, is 6 per cent.
2
After paragraph (3) of regulation D1 there shall be inserted:
3A
Where a person who is a Member of the House of Commons on 15th July 2002 so opts, the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 5th July 2001, is 6 per cent; and
b
in relation to a period beginning on or after 5th July 2001 is 9 per cent.
3B
A participating Member shall make the options referred to in paragraphs (3) and (3A) above by giving notice in writing to the Trustees —
a
in the case of a participating Member who is a Member of the House of Commons on 15th July 2002, no later than 31st December 2002; or
b
in the case of a person who has been a Member of the House of Commons but who is not a Member of that House on 15th July 2002, not more than three months after the date of the General Election or by-election at which he is next re-elected to membership of the House of Commons; and
c
otherwise not more than three months after the date of the General Election or by-election at which he is elected for the first time to membership of the House of Commons.
3C
Where the option referred to in paragraph (3) is exercised in accordance with sub-paragraph (a) of paragraph (3B), the effective date of the option is 15th July 2002; and there shall be repaid to the participating Member the difference between any contributions deducted from his salary at the rate of 9 per cent since the effective date and the contributions which would have been deducted from it at the rate of 6 per cent.
3D
Where the option referred to in paragraph (3) is exercised in accordance with sub-paragraph (b) or (c) of paragraph (3B), the effective date of the option is the date of the election referred to in sub-paragraph (b) or (c); and there shall be repaid to the participating Member the difference between any contributions deducted from his salary at the rate of 9 per cent since the effective date and the contributions which would have been deducted from it at the rate of 6 per cent.
3E
Where the option referred to in paragraph (3A) is exercised, the effective date of the option is 5th July 2001; and the participating Member shall pay to the Trustees within twenty-eight days of his exercise of the option, or within such longer period as the Trustees may in their discretion determine, the sum certified by the Trustees as being the additional amount which would have been deducted from his salary had contributions been deducted from it at the rate of 9 per cent from the effective date.
3
For paragraph (3) of regulation D2 in the Principal Regulations, there shall be substituted —
3
Subject to paragraph (3A) below, for the purposes of paragraph (1) above the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 15th July 2002, is 6 per cent; or
b
in relation to a period beginning on or after 15th July 2002,
i
is 9 per cent; or
ii
where a participating office holder opts to contribute to the Fund at a reduced rate, is 6 per cent.
4
After paragraph (3) of regulation D2 there shall be inserted —
3A
Where a person who is an office holder on 15th July 2002 so opts, the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 5th July 2001, is 6 per cent; and
b
in relation to a period beginning on or after 5th July 2001 is 9 per cent.
3B
Subject to paragraph (3C), a participating office holder shall make the options referred to in paragraphs (3) and (3A) above by giving notice in writing to the Trustees —
a
in the case of a participating office holder who is an office holder on 15th July 2002, no later than 31st December 2002; or
b
in the case of a person who has been an office holder but who is not an office holder on 15th July 2002, not more than three months after the date on which he is next appointed as an office holder; and
c
otherwise not more than three months after the date on which he is appointed as an office holder for the first time.
3C
Where a participating office holder is also a participating Member —
a
if he exercises or has exercised the option referred to in regulation D1(3), he shall also exercise the option referred to in paragraph (3) above; and
b
if he exercises the option referred to in regulation D1(3A), he shall also exercise the option referred to in paragraph (3A) above.
3D
Where the option referred to in paragraph (3) is exercised in accordance with sub-paragraph (a) of paragraph (3B), the effective date of the option is 15th July 2002; and there shall be repaid to the participating office holder the difference between any contributions deducted from his salary at the rate of 9 per cent since the effective date and the contributions which would have been deducted from it at the rate of 6 per cent.
3E
Where the option referred to in paragraph (3) is exercised in accordance with sub-paragraph (b) or (c) of paragraph (3B), the effective date of the option is the date of the election referred to in sub-paragraph (b) or (c); and there shall be repaid to the participating officer holder the difference between any contributions deducted from his salary at the rate of 9 per cent since the effective date and the contributions which would have been deducted from it at the rate of 6 per cent.
3F
Where the option referred to in paragraph (3A) is exercised, the effective date of the option is 5th July 2001; and the participating office holder shall pay to the Trustees within twenty-eight days of his exercise of the option, or within such longer period as the Trustees may in their discretion determine, the sum certified by the Trustees as being the additional amount which would have been deducted from his salary had contributions been deducted from it at the rate of 9 per cent from the effective date.
Accrual rate
3
1
For paragraph (3A) of regulation F2, there shall be substituted —
3A
In paragraph (1) of this regulation “the appropriate fraction” means —
a
in the case of a participating Member in service on or after 1st April 1995 who has not exercised an option under regulation D1(3),
i
in the case of a year or part of a year ending before 15th July 2002, one-fiftieth, or,
ii
in the case of a year or part of a year commencing on or after 15th July 2002, one-fortieth; or
b
in the case of a participating Member who has exercised an option under regulation D1(3A),
i
in the case of a year or part of a year ending before 5th July 2001, one-fiftieth, and,
ii
in the case of a year or part of a year commencing on or after 5th July 2001, one-fortieth; or
c
in the case of a participating Member who has exercised an option under regulation D1(3), one-fiftieth.
2
In paragraph (4) of regulation F2, there shall be substituted for the reference to “paragraph (4)” a reference to “paragraph (3)”.
3
After paragraph (4) of regulation F2, there shall be inserted —
4A
For the purposes of paragraph (3A) of this regulation, in the case of a participating Member to whom sub-paragraph (a) applies,
a
so much of the period commencing on 1st April 2002 and ended with 14th July 2002 as fell within his aggregate period of reckonable service shall be treated as a part of a year in relation to which sub-paragraph (i) of that paragraph applies; and
b
so much of the period commencing on 15th July 2002 and ended with 31st March 2003 as fell within his aggregate period of reckonable service shall be treated as a part of a year in relation to which sub-paragraph (ii) of that paragraph applies.
4B
For the purposes of paragraph (3A) of this regulation, in the case of a participating Member to whom sub-paragraph (b) applies,
a
so much of the period commencing on 1st April 2001 and ended with 4th July 2001 as fell within his aggregate period of reckonable service shall be treated as a part of a year in relation to which sub-paragraph (i) of that paragraph applies; and
b
so much of the period commencing on 5th July 2001 and ended with 31st March 2002 as fell within his aggregate period of reckonable service shall be treated as a part of a year in relation to which sub-paragraph (ii) of that paragraph applies.
4
For paragraph (2)(b) of regulation F4 there shall be substituted —
b
an amount equal to the appropriate percentage of a Member’s ordinary salary in respect of that year, the appropriate percentage being that at which deductions were made from his salary as a participating office holder by virtue of regulation D2(3) or D2(3A) or section 3(2) of the 1972 Act
.
5
Paragraph (3) of regulation F4 shall be amended by substituting for the word “For”, at the beginning, the words “Subject to paragraph (3A), for”.
6
After paragraph (3) of regulation F4 there shall be inserted —
3A
a
Where a person who was a participating office holder on 15th July 2002 has not made the option referred to in regulation D2(3), the calculation of his contribution credit for the year beginning 1st April 2002 shall be made by calculating separately credits for the two parts of the year from 1st April 2002 to 14th July and from 15th July 2002 to 31st March 2003 applying respectively the appropriate percentages in regulation D2(3)(a) and (b) and the appropriate fractions in regulation F4(5A)(a) and by adding the two credits together.
b
Where a person who was a participating office holder on 15th July 2002 has made the option referred to in regulation D2(3A), the calculation of his contribution credit for the year beginning 1st April 2001 shall be made by calculating separately credits for the two parts of the year from 1st April 2001 to 4th July 2001 and from 5th July 2001 to 31st March 2002 applying respectively the appropriate percentages in regulation D2(3A)(a) and (b) and the appropriate fractions in regulation F4(5A)(b) and by adding the two credits together.
7
For paragraph (5A) of regulation F4, there shall be substituted —
5A
In paragraph (3) of this regulation “the appropriate fraction” means —
a
in the case of a participating office holder in service on or after 1st April 1995 who has not exercised an option under regulation D2(3),
i
in the case of a year or part of a year ending before 15th July 2002, one-fiftieth, or,
ii
in the case of a year or part of a year commencing on or after 15th July 2002, one-fortieth; or
b
in the case of a participating office holder who has exercised an option under regulation D2(3A), —
i
in the case of a year or part of a year ending before 5th July 2001, one-fiftieth, and,
ii
in the case of a year or part of a year commencing on or after 5th July 2001, one-fortieth; or
c
in the case of a participating office holder who has exercised an option under regulation D2(3), one-fiftieth.
Abatement of Pensions
4
For paragraph (3)(b) of regulation F8 in the Principal Regulations there shall be substituted: —
b
the amount payable to him in right of a pension under regulation F3 for any part of that period shall not exceed the amount, if any, by which the total salary payable to him for that period falls short of the amount of a Member’s ordinary salary for that period.
Qualifying period of reckonable service
5
In paragraph (2) of regulation H1 in the Principal Regulations there shall be inserted after “1991,” the words “or service as a member of the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly, whenever rendered.”
Pensions for children
6
1
In paragraph (1) of regulation K3 in the Principal Regulations after “1998” there shall be inserted “and before 1st April 2001”.
2
After paragraph (1) of regulation K3 in the Principal Regulations there shall be added: —
1A
Subject to the provisions of this regulation, a pension shall be payable for the benefit of any relevant child or children of a person who has died on or after 1st April 2001, if at the time of his death the conditions specified in regulation K2(1)(b) are fulfilled in his case.
3
In paragraph (3) of regulation K3 in the Principal Regulations for the word “left” there shall be substituted the words “died before 1st April 2001 leaving”.
4
Schedule 5 to the Principal Regulations shall be amended as follows: —
a
after paragraph 1 there shall be added: —
1A
Paragraphs 3 to 6 of this Schedule apply where the deceased died on or after 6th April 1988 and before 1st April 2001 and paragraphs 7 to 8 apply where the deceased died on or after 1st April 2001.
b
before paragraph 3 there shall be inserted the heading: —
Where the deceased died on or after 6th April 1988 and before 1st April 2001
c
at the end of the Schedule there shall be added: —
Where the deceased died on or after 1st April 2001
7
1
A child of a former husband or wife, as the case may be, of the deceased shall not be treated as a relevant child for the purposes of regulation K3 if he was born or became his or her adopted child after the termination of the marriage.
2
Notwithstanding sub-paragraph (1) above, the Trustees may direct that the adopted child shall be treated as a relevant child if they are satisfied that the deceased and his or her husband or wife before the termination of their marriage already formed the intention of adopting the child and the child was at the time of the deceased’s death wholly dependant on the deceased.
8
Paragraph 4 above shall apply with the insertion after the word “wife” of the words “or husband.”
Increase in death in service gratuity
7
In paragraphs 5(a) and (6) of regulation L1 in the Principal Regulations for the word “three” there shall be substituted the word “four”.
Robin Cook
Leader of the House of Commons
15th July 2002
I consent on behalf of the Minister for the Civil Service
Macdonald of Tradeston
15th July 2002


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


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Agreement on Trade, Development and Co-operation between the European Community and its Member States and the Republic of South Africa) Order 2002. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in Section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council


text:
Title, commencement and extent
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 4) Regulations 2002; they extend to England and come into force on 1st January 2003.
Amendments to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002
2
1
The Products of Animal Origin (Third Country Imports) (England) Regulations 2002 are amended in accordance with this regulation.
2
For regulation 3 there shall be substituted —
Exemptions for trade samples
3
These Regulations do not apply to products introduced into England from a third country with the previous written authorisation of the Secretary of State as trade samples, for exhibition or for particular studies or analyses.
Other exemptions
3A
1
Part III, with the exception of regulations 15, 21 and 25, and parts IV to IX do not apply in the circumstances set out in this regulation.
2
Meat, meat products, milk and milk products from Greenland, the Faeroe Islands, the Republic of Iceland, the Principality of Andorra, San Marino, Liechtenstein, Switzerland, Estonia, Lithuania, Latvia, Poland, the Czech Republic, Slovakia, Hungary, Slovenia, Romania, Bulgaria, Malta and the Republic of Cyprus may be introduced into England in the personal luggage of a traveller if they are intended for his personal consumption taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual.
3
Powdered infant milk, infant food, and special foods required for medical reasons containing meat, meat products, milk, or milk products may be introduced into England from a third country not specified in paragraph (2) if they —
a
are carried in the personal luggage of a traveller and are intended for his personal use or consumption, taking into account the nature of the product and the quantity of it that could reasonably be consumed by an individual;
b
do not require refrigeration before opening;
c
are packaged proprietary brand products for direct sale to the final consumer; and
d
are contained in unbroken packaging.
4
Products which are not covered by paragraph (2) or paragraph (3) may be introduced into England if they are in the personal luggage of a traveller and intended for his personal consumption or if they are sent by post or carrier and addressed to a private individual in England otherwise than by way of trade or as a trade sample and if —
a
they are not meat, meat products, milk or milk products;
b
their total weight does not exceed one kilogram; and
c
they either come from a third country or part of a third country which satisfies the conditions laid down in paragraph (5) or have undergone heat treatment in a hermetically sealed container to an F0 value of 3.00 or more.
5
The conditions referred to in paragraph (4) are that the third country or part of the third country —
a
appears on a list of third countries or parts of third countries from which member States shall authorise the importation of the product or products concerned, established by a Community instrument in force on the date on which these Regulations are made; and
b
is not one from which importation of the product or products concerned is prohibited by any Community instrument in force on that date.
6
In this regulation “meat”, “meat products”, “milk” and “milk products” mean products of those types covered by the Directives listed in Schedule 3 and “meat” includes meat preparations.
.
3
In regulation 45(e) the words “or Wales” shall be omitted.
4
In regulation 53(4) for the words “paragraph 4” there shall be substituted the words “paragraph 3”.
5
The following shall be inserted after regulation 53(4) —
5
Where there is an appeal under paragraph (3), the independent person referred to in that paragraph shall consult with the Secretary of State or the Agency, as the case may be, and, if then satisfied that the amount of the charge is unreasonable, shall so inform the Secretary of State or the Agency, who shall recalculate the amount of the charge in accordance with any directions given by the independent person and repay to the person who has paid the charge the difference between the original charge and the recalculated charge.
6
In regulation 63(1) for the words “except the products referred to in regulation 3(1) and (2)” there shall be substituted the words “except the products referred to in regulations 3 and 3A”.
7
For Schedule 2 there shall be substituted the Schedule to these Regulations.
Revocations
3
The following are revoked —
a
The Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2002 ;
b
The Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 2) Regulations 2002 ; and
c
The Products of Animal Origin (Third Country Imports) (England) (Amendment) (No 3) Regulations 2002 .
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
20th December 2002


text:
Citation, commencement, interpretation, and extent
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) Amendment Regulations 2002 and shall come into force on 8th April 2002.
2
In these Regulations “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
3
These Regulations extend to England only.
Amendment of regulation 8 of the principal Regulations
2
1
Regulation 8 of the principal Regulations (repayment) shall be amended as follows.
2
Paragraph (4)(a)(iii) shall be omitted.
3
After paragraph (4)(a) there shall be inserted —
aa
in a case falling within regulation 3(3)(d) authorise in writing the repayment of the amount in question to the claimant by the body which made the arrangements referred to in that provision; or
.
Amendment of Schedule 1 to the principal Regulations
3
In Table A of Part I of Schedule 1 to the principal Regulations (modification of provisions of the Income Support (General) Regulations 1987) in the entry relating to “regulation 53” for “£11,500” there shall be substituted “£11,750” and for “£18,500” there shall be substituted “£19,000”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
18th March 2002


text:
Now therefore the Secretary of State —
a
having, in accordance with section 140(6) of the Environmental Protection Act 1990 —
i
consulted the committee established under section 140(5) of that Act;
ii
published a notice in the London Gazette; and
iii
considered the representations made to her in accordance with that notice; and
b
considering it appropriate to make these Regulations for the purpose of preventing the substance or articles specified in the principal regulations (namely lead shot) from causing pollution of the environment and harm to the health of animals;
in exercise of the powers conferred on her by section 140 of the Environmental Protection Act 1990, and of all other powers enabling her in that behalf, hereby makes the following Regulations:
Citation and commencement
1
These Regulations may be cited as the Environmental Protection (Restriction on Use of Lead Shot) (England) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.
Amendment
2
1
The principal Regulations shall be amended as follows.
2
For Schedule 1 substitute the Schedule set out in the Schedule to these Regulations.
3
In Schedule 2 delete the following entries:
“Plover, Golden Pluvialis apricaria” “Snipe, Common Gallinago gallinago”
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
8th August 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Cattle (Identification of Older Animals) (Amendment) Regulations 2002; they extend to England and shall come into force on 11th February 2002.
Amendment to the Cattle (Identification of Older Animals) Regulations 2000
2
The Cattle (Identification of Older Animals) Regulations 2000 are amended by substituting for the word “seven” in regulation 7(2)(e) the word “three”.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
21st January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sussex Downs and Weald Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the Sussex Downs and Weald 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 Sussex Downs and Weald 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:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy Support Schemes (Appeals) Regulations 2002 and shall come into force on 8th April 2002.
Interpretation
2
In these Regulations —
“agrimonetary compensation” means a payment made pursuant to Article 4 or 5 of Council Regulation ( EC ) No. 2799/98 establishing agrimonetary arrangements for the euro ;
“applicant” means a person who has made a relevant application;
“the Community schemes” means —
the IACS support schemes; and
any supplemental scheme;
“the Council Regulation” means Council Regulation ( EEC ) No. 3508/92 establishing an integrated administration and control system for certain Community aid schemes ;
“holding” has the meaning given by Article 1(4) of the Council Regulation;
“IACS support schemes” means the support schemes specified in Article 1(1) of the Council Regulation;
“relevant application” means an application made to the Secretary of State for payment under any of the Community schemes or any enactment implementing any of the Community schemes;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“supplemental scheme” means any support scheme —
which provides for payments to be made by way of supplement to any payment made pursuant to an IACS support scheme or by way of agrimonetary compensation; and
the payments under which are made by way of supplement to a payment made pursuant to an IACS support scheme; and
“support scheme” means any scheme which —
is established by a Community instrument adopted under the common agricultural policy of the European Community; and
provides for payments to be made which are financed in whole or in part by the Guarantee Section of the European Agricultural Guidance and Guarantee Fund.
Application
3
1
These Regulations shall apply in relation to applicants to the specified extent.
2
For the purposes of paragraph (1), “the specified extent”, in relation to an applicant, means the extent to which the Secretary of State is for the purposes of the Integrated Administration and Control System Regulations 1993 the relevant competent authority in relation to the holding of that applicant.
Provision of appeals procedure
4
1
The Secretary of State may establish a procedure, to be applied at the request of any applicant, for the further consideration on her behalf of a relevant application made by that applicant, such procedure operating by way of appeal from an initial determination made by the Secretary of State in respect of that application.
2
Any such procedure so established may provide for consideration of the relevant application by such persons (not exceeding three) as the Secretary of State may appoint for that purpose, with a view to their making a report of their conclusions in relation to the application and a recommendation as to the manner in which the application should be finally determined by her.
3
Where the Secretary of State establishes any such procedure as is mentioned in paragraph (2), she may —
a
pay to the persons so appointed such reasonable remuneration in respect of their functions under that procedure, and such travelling and other allowances, as she may determine; and
b
charge any relevant applicant whose application is considered under the procedure so established such fee (not exceeding £100) as she may determine in respect of the costs incurred by the Secretary of State by virtue of the operation of that procedure in relation to the application in question.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
11th March 2002


text:
1
This Order may be cited as the A423 Maidenhead to Oxford Trunk Road (A34 Hinksey Hill Interchange to A4142 Heyford Hill Roundabout) (Detrunking) Order 2002 and shall come into force on 30th March 2002.
2
In this Order —
i
“principal” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A423 Maidenhead to Oxford Trunk Road (A423)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Oxfordshire County Council that they will become the highway authority responsible for that length of road.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
A Divisional Director Highways Agency
4th February 2002


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the Local Authorities (Executive Arrangements) (Modification of Enactments) (England) Order 2002 and shall come into force on 6th May 2002.
2
This Order applies to England only .
3
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1983 Act ” means the Representation of the People Act 1983 ; and
“the 1995 Order ” means the Returning Officers (Parliamentary Constituencies) (England) Order 1995 .
Modification of enactments
2
The following enactments, in their application to England, are modified in accordance with articles 3 to 14 —
a
the Patriotic Fund Reorganisation Act 1903 ;
b
the Naval and Military War Pensions, &c, Act 1915 ;
c
the 1972 Act;
d
the Administration of Justice Act 1973 ;
e
the Local Government Act 1974 ;
f
the 1983 Act;
g
the Local Government Act 1985
h
the Defamation Act 1996 ;
i
the Parliamentary Writs Order 1983 ; and
j
the 1995 Order.
Constitution of the Royal Patriotic Fund Corporation
3
1
In paragraph 1 of Schedule 1 to the Patriotic Fund Reorganisation Act 1903 (constitution of Corporation) —
a
in sub-paragraph (c), after “the Greater London Council”, there shall be inserted —
and of the council of any London borough that has a mayor and cabinet executive or a mayor and council manager executive;
b
in the proviso to sub-paragraph (c), after “some other person”, there shall be inserted —
(other than a member of an executive)
;
c
in sub-paragraph (cc), at the end, there shall be inserted —
that does not have a mayor and cabinet executive or a mayor and council manager executive
; and
d
in sub-paragraph (f), at the end, there shall be inserted —
but none of whom shall be a member of an executive
.
2
After paragraph 15, there shall be added —
Interpretation
16
In paragraph 1, “executive”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.
.
Provisions as to the Royal Patriotic Fund Corporation
4
In section 6 of the Naval and Military War Pensions, &c, Act 1915 (provisions as to Corporation) —
a
in subsection (1), after “some other person”, there shall be inserted —
(other than a member of an executive)
;
b
in subsection (2), after “of persons”, there shall be inserted —
(other than members of an executive)
; and
c
at the end, there shall be added —
6
In this section, “executive” has the same meaning as in Part II of the Local Government Act 2000.
.
Style of mayor and deputy mayor
5
In section 245 of the 1972 Act (status of certain districts, parishes and communities), after subsection (4), there shall be inserted —
4A
Where —
a
a council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive; and
b
the chairman or vice-chairman of the council has previously used the style of mayor or deputy mayor by virtue of subsection (4)(b), the chairman or vice-chairman, as the case may be, shall no longer use that style.
.
Meetings and proceedings of local authorities
6
In paragraph 1(2) of Part I of Schedule 12 to the 1972 Act (meetings and proceedings of local authorities — principal councils), after sub-paragraph (a), there shall be inserted —
aa
in a year of an election for the return of an elected mayor to the council, which is not a year of ordinary elections of councillors to the council, on the eighth day after the day of retirement of an elected mayor or such other day within the twenty-one days immediately following the day of retirement as the council may fix;
.
Justices of the peace
7
In Part II of Schedule 1 to the Administration of Justice Act 1973 (justices of the peace (consequential re-enactments and amendments)), after paragraph 7, there shall be inserted —
7A
Where the council of a London borough are operating executive arrangements, which involve a mayor and cabinet executive or a mayor and council manager executive, paragraph 7 shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough”.
7B
In this Part, “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.
.
Reports on investigations
8
1
In section 30 of the Local Government Act 1974 (reports on investigations), after subsection (2AA), there shall be inserted —
2AB
Where an authority are operating executive arrangements which involve a mayor and cabinet executive or mayor and council manager executive, subsection (2) shall have effect as if the words “, or, as the case may be, mayor of that authority” were omitted.
.
2
In subsection (1) of section 34 of the Local Government Act 1974 (interpretation of Part III), after the definition of “local authority”, there shall be inserted —
“mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;
.
Returning officers
9
1
In subsection (1) of section 24 of the 1983 Act (returning officers: England and Wales) —
a
after paragraph (d), there shall be inserted —
dd
where a council of a London borough are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, paragraph (d) shall have effect as if for the words “the mayor” there were substituted “the chairman”; and
b
in paragraph (e), after “the mayor”, there shall be inserted “or the chairman”.
2
After subsection (1) of section 24 of the 1983 Act, there shall be inserted —
1A
In subsection (1), “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.
.
Discharge of returning officer’s functions
10
In subsection (1)(a) of section 28 of the 1983 Act (discharge of returning officer’s functions in England and Wales), after “the mayor”, there shall be inserted “or the chairman”.
Disqualification
11
In section 35 of the Local Government Act 1985 (disqualification) —
a
in subsection (1), after “any such office or employment”, there shall be inserted —
or by an elected mayor
; and
b
at the end, there shall be added —
4
In this section, “elected mayor”, “executive”, “executive arrangements”, “executive leader” and “leader and cabinet executive” have the same meaning as in Part II of the Local Government Act 2000.
.
Statements privileged subject to explanation or contradiction
12
In paragraph 11 of Schedule 1 to the Defamation Act 1996 (statements privileged subject to explanation or contradiction) —
a
in sub-paragraph (1)(a), for “, local authority committee or in the case of a local authority which are operating executive arrangements the executive of that authority or a committee of that executive”, there shall be substituted “or local authority committee”;
b
after sub-paragraph (1)(a), there shall be inserted —
aa
in the case of a local authority which are operating executive arrangements, the executive of that authority or a committee of that executive;
;
c
in sub-paragraph (2) —
i
after “In sub-paragraphs (1)(a)”, there shall be inserted “, (1)(aa)”; and
ii
the definitions of “executive” and “executive arrangements” shall be omitted; and
d
after sub-paragraph (2), there shall be inserted —
2A
In sub-paragraphs (1) and (1A) —
“executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000.
.
Form of notices to Clerk of the Crown
13
In the Schedule to the Parliamentary Writs Order 1983 (form of notices to Clerk of the Crown), at the end of the forms set out in paragraphs 1 and 2, there shall be added in each case —
Chairman of the London Borough of
.
Returning officers
14
1
After article 4A of the 1995 Order (returning officer for a parliamentary election), there shall be inserted —
4B
1
Where a London borough council are operating executive arrangements which involve a mayor and cabinet executive or a mayor and council manager executive, article 4 shall have effect as if for the expression “mayor of a London borough” there were substituted “chairman of a London borough”.
2
In this article, “executive arrangements”, “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000.
.
2
In Schedule 2 to the 1995 Order (returning officers for certain borough constituencies in Greater London), in the right-hand column, in the heading after “mayor”, there shall be inserted “or chairman”.
Revocation
15
Paragraphs (a) and (c) of article 31 (statements privileged subject to explanation or contradiction) of the Local Authorities (Executive and Alternative Arrangements) (Modification of Enactments and Other Provisions) (England) Order 2001 are hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
11th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Sussex Hospitals National Health Service Trust (Establishment) and the Eastbourne Hospitals National Health Service Trust and the Hastings and Rother National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the East Sussex Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established an NHS trust which shall be called the East Sussex Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service at or from Eastbourne District General Hospital, Kings Drive, Eastbourne, East Sussex BN21 2UD, and at or from Hastings and Rother District General Hospital, Bexhill Hospital, All Saints Hospital, and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 executive directors and 5 non-executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS trust
6
1
The Eastbourne Hospitals National Health Service Trust established by the Eastbourne Hospitals National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is revoked.
2
The Hastings and Rother National Health Service Trust established by the Hastings and Rother National Health Service Trust (Establishment) Order 1991 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the South Stoke Primary Care Trust (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the Principal Order ” means the South Stoke Primary Care Trust (Establishment) Order ; and
“ the trust ” means the trust established by the Order.
Amendment of the Schedule to the Principal Order
2
1
The Schedule to the Order shall be amended in accordance with the following paragraphs.
2
In the entry for the City of Stoke on Trent, there shall be inserted after “Great Fenton”, “Hartshill”; after “Meir Park”, “Shelton” and “Stoke West”.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
26th March 2002


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


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Social Security Contributions (Intermediaries) (Amendment) Regulations 2002 and shall come into force on 6th April 2002.
2
These Regulations have effect for the year of assessment 2002–03 and subsequent years of assessment and apply in relation to services performed, or to be performed, on or after 6th April 2002.
3
Payments or other benefits in respect of such services received before that date shall be treated as if received in the year of assessment 2002–03.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security Contributions (Intermediaries) Regulations 2000 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
In regulation 2(1) for the definition of “the Contributions Regulations ” substitute the following definition —
“the Contributions Regulations” means the Social Security (Contributions) Regulations 2001 ;
.
4
In regulation 7(1), in paragraph (a) of Step Seven, for “ 17A” substitute “22(2)”.
5
After regulation 7(5) add the following paragraphs —
6
The reference in Step Three of the calculation in paragraph (1) to expenses met by the intermediary includes expenses met by the worker and reimbursed by the intermediary.
7
Where the intermediary is a partnership and the worker is a member of the partnership, expenses met by the worker for and on behalf of the intermediary shall be treated for the purposes of paragraph (6) as expenses met by the worker and reimbursed by the intermediary.
8
Where —
a
the intermediary provides a vehicle for the worker, and
b
the worker would have been entitled to an amount of mileage allowance relief under section 197AF of the Taxes Act for a tax year in respect of the use of the vehicle if the worker had been employed by the client, or would have been so entitled if the worker had been employed by the client and the vehicle had not been a company vehicle,
Step Three of the calculation in paragraph (1) shall have effect as if that amount were an amount of expenses deductible under that Step.
9
Where —
a
the intermediary is a partnership,
b
the worker is a member of the partnership, and
c
the worker provides a vehicle for the purposes of the business of the partnership,
then for the purposes of paragraph (8) the vehicle shall be regarded as provided by the intermediary for the worker.
10
Where the intermediary makes payments to the worker that are exempt from income tax under Schedule E by virtue of section 197AD or 197AE of the Taxes Act (mileage allowance payments and passenger payments), paragraph (a) of Step Seven of the calculation in paragraph (1) shall have effect as if the intermediary had made payments to the worker that constituted remuneration derived from the worker’s employment by the intermediary.
.
6
1
In regulation 8 —
a
in paragraph (2) for “6A” substitute “8”;
b
in paragraph (5) after sub-paragraph (c) add —
d
the company ceasing to trade.
.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2002
The Secretary of State hereby concurs.
Signed by authority of the Secretary of State.
P Hollis
Parliamentary Under-Secretary of State
Department for Work and Pensions
13th March 2002


text:
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (Borough of Brentwood) (Amendment) Order 2002 and shall come into force on the 30th September 2002.
2
In Article 3 of the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (Borough of Brentwood) Order 2002 for the words “the Borough of Chelmsford” substitute the words “the Borough of Brentwood”.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
24th September 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2002 and shall come into force on 1st August 2002.
2
These Regulations do not apply in or as regards Scotland .
Amendment of Regulations
2
The Education (Student Loans) Regulations 1998 shall be amended as follows.
3
In regulation 3(1) in the definition of “the Islands” for the words “the Islands” substitute the word “Islands”.
4
In regulation 6(1) to (4) for each of the figures in the first column below wherever it appears there shall be substituted the corresponding figure in the second column below:
£1,045 £1,070 £1,685 £1,725 £1,430 £1,465 £2,310 £2,365 £1,365 £1,400 £1,870 £1,915
Margaret Hodge
Minister of State,
Department for Education and Skills
13th May 2002


text:
Citation and commencement
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
Increases in fees
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£251” there shall be substituted “£259” and for “£102” there shall be substituted “£105”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
6th March 2002
We consent to the making of these Regulations
Nick Ainger
Tony McNulty
Two of the Lord’s Commissioners of Her Majesty’s Treasury
8th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Guardian’s Allowances) Amendment Regulations 2002 and shall come into force on 1st April 2002.
Amendment of the Social Security (Guardian’s Allowances) Regulations 1975
2
1
Regulation 5 of the Social Security (Guardian’s Allowances) Regulations 1975 (children whose surviving parents are in prison or legal custody) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Subject to the following provisions of this regulation, the circumstances in which a person is to be treated for the purposes of section 77(2)(c) of the Social Security Contributions and Benefits Act 1992 as being in prison are that he is —
a
serving a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 or a sentence of detention or imprisonment within the meaning of section 307(1) of the Criminal Procedure (Scotland) Act 1995 , of not less than 2 years; or
b
detained in a hospital by order of the court under section 37(1), 38 or 45A of the Mental Health Act 1983 , section 5 of the Criminal Procedure (Insanity) Act 1964 , section 6 or 14 of the Criminal Appeal Act 1968 or section 57, 58 or 59A of the Criminal Procedure (Scotland) Act 1995.
.
3
In paragraph (2) —
a
for the figure “5”, in both places where it occurs, there shall be substituted the figure “2”;
b
for the words “paragraph (1)” there shall be substituted the words “paragraph (1)(a)”; and
c
in sub-paragraph (c), for the words “a sentence of imprisonment” there shall be substituted “a custodial sentence or a sentence of detention or imprisonment as are referred to in paragraph (1)(a)”.
4
For paragraph (3) there shall be substituted the following paragraph —
3
Subject to the provisions of the next following paragraph, a person shall be treated as —
a
not having ceased to be serving such a custodial sentence as is referred to in paragraph (1)(a) of this regulation if he is transferred to a hospital or is temporarily released or is unlawfully at large; or
b
not having ceased to be detained in such circumstances as are referred to in paragraph (1)(b) of this regulation if he is temporarily released or is unlawfully at large.
.
5
In paragraph (4) —
a
for the words “such a sentence or to be in such custody as is referred to in paragraph (1)” there shall be substituted “such a custodial sentence as is referred to in paragraph (1)(a)”; and
b
in sub-paragraph (a), for the figure “5” there shall be substituted the figure “2”.
6
In paragraph (9), for the figure “5” there shall be substituted the figure “2”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th March 2002


text:
1
These Regulations may be cited as the Travel Documents (Fees) (Amendment) Regulations 2002 and shall come into force on 10th September 2002.
2
Regulation 3 of the Travel Documents (Fees) Regulations 1999 is amended as follows.
3
At the end of paragraph (2) insert —
“other than application falling within paragraph (3)”.
4
After sub-paragraph (2) insert —
3
An application falls within this paragraph where the application is stated as being made in order to enable the applicant to participate in a project operated or approved by the Secretary of State for the purpose of enabling a person in the United Kingdom to make a single trip to a country outside the United Kingdom in order to assist the reconstruction of that country or to decide whether to resettle there.
.
Beverley Hughes
Minister of State
Home Office
30th July 2002
We approve,
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
19th August 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 and shall come into force —
a
for the purposes of this regulation and regulations 5, 6 and 7(4), on 7th April 2003;
b
for all other purposes, on 6th October 2003.
2
In these Regulations, “the principal Regulations ” means the State Pension Credit Regulations 2002 and references in these Regulations to a regulation or a Schedule are, unless the context otherwise requires, to a regulation of, or a Schedule to, those Regulations.
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the Schedule to these Regulations.
Further amendments to the principal Regulations relating to earnings
3
1
In regulation 17A (earnings of an employed earner) —
a
in paragraph (2), for “(3) and (4)”, there shall be substituted “(3), (4) and (4A)”;
b
after paragraph (3)(d), there shall be added the following —
;
e
any payment of compensation made pursuant to an award by an employment tribunal in respect of unfair dismissal or unlawful discrimination
;
c
after paragraph (4), there shall be inserted the following paragraph —
4A
One half of any sum paid by a claimant by way of a contribution towards an occupational pension scheme or a personal pension scheme shall, for the purpose of calculating his earnings in accordance with this regulation, be disregarded.
.
2
In regulation 17B (earnings of self-employed earners) —
a
before paragraph (2)(a), there shall be inserted the following sub-paragraph —
za
“board and lodging accommodation” has the same meaning as in paragraph 8(2) of Schedule IV;
;
b
at the end of regulation 12(2)(e) of the Social Security Benefit (Computation of Earnings) Regulations 1996 as given effect by paragraph (4)(b), there shall be added the words “being an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section”.
Amendment of amounts in the principal Regulations
4
1
In regulation 6 (amount of the guarantee credit) —
a
in paragraph (1) —
i
in sub-paragraph (a), for the sum “£154” there shall be substituted the sum “£155.80”;
ii
in sub-paragraph (b), for the sum “£100” there shall be substituted the sum “£102.10”;
b
in paragraph (5) —
i
in sub-paragraph (a), for the sum “£43.45” there shall be substituted the sum “£42.95”;
ii
in sub-paragraph (b), for the sum “£86.90” there shall be substituted the sum “£85.90”;
c
in paragraph (8), for the sum “£25.35” there shall be substituted the sum “£25.10”.
2
In regulation 7(2) (savings credit), for the sum “£77” there shall be substituted the sum “£77.45” and for the sum “£123” there shall be substituted the sum “£123.80”.
3
In paragraph 1 of Schedule III (polygamous marriages) —
a
in sub-paragraph (5) —
i
in the substituted regulation 6(1)(a), for the sum “£154” there shall be substituted the sum “£155.80”;
ii
in the substituted regulation 6(1)(b), for the sum “£54” there shall be substituted the sum “£53.70”;
b
in sub-paragraph (7), in the substituted regulation 7(2), for the sum “£123” there shall be substituted the sum “£123.80”.
Amendment of the Social Security (Claims and Payments) Regulations 1987
5
1
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 34A (deduction of mortgage interest which shall be made from benefit and paid to qualifying lenders) —
a
for the words “or (1A)” there shall be substituted the words “or, subject to paragraph (1A), section 15A(1A)”;
b
after paragraph (1), there shall be inserted the following paragraph —
1A
Paragraph (1) shall only apply in relation to a relevant beneficiary who is entitled to state pension credit where he is entitled to a guarantee credit.
.
3
After regulation 34A, there shall be inserted the following regulation —
Deductions of mortgage interest which may be made from benefits and paid to qualifying lenders in other cases
34B
1
In relation to cases to which section 15A(1A) of the Social Security Administration Act 1992 applies (other than those referred to in regulation 34A(1A)) —
a
in the circumstances specified in paragraph 2A(1) of Schedule 9A: and
b
in either of the further circumstances specified in paragraph 2A(2) of that Schedule,
such part of any relevant benefits to which a relevant beneficiary is entitled as may be specified in that Schedule may be paid by the Secretary of State directly to the qualifying lender and shall be applied by that lender towards the discharge of the liability in respect of that interest .
2
The provisions of Schedule 9A shall have effect in relation to mortgage interest payments made under this regulation.
.
4
In paragraph 3(5)(a) of Schedule 9 (deductions from benefit and direct payments to third parties), after “regulation 34A” there shall be inserted “or 34B”.
5
In Schedule 9A (deductions of mortgage interest from benefit and made to qualifying lenders) —
a
in the heading, for “Regulation 34A” there shall be substituted “Regulations 34A and 34B”;
b
at the end of the heading to paragraph 2 , there shall be added the words “for the purposes of regulation 34A”;
c
after paragraph 2, there shall be inserted the following paragraph —
Specified circumstances for the purposes of regulation 34B
2A
1
The circumstances referred to in regulation 34B are that —
a
the relevant beneficiary is entitled to a savings credit as construed in accordance with sections 1 and 3 of the 2002 Act and not to a guarantee credit; and
b
sub-paragraphs (a) and (b) of paragraph 2 apply.
2
The further circumstances referred to in that regulation are that —
a
the relevant beneficiary has requested the Secretary of State in writing to make such payments to the qualifying lender; or
b
the Secretary of State has determined that it would be in the relevant beneficiary’s interests, or in the interests of his family, to make such payments to the qualifying lender.
3
In making the determination referred to in sub-paragraph (2)(b), the Secretary of State shall have regard to whether or not the relevant beneficiary is in arrears with his payments to the qualifying lender.
4
For the purposes of sub-paragraph (2)(b), “a family” comprises the relevant beneficiary, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the relevant beneficiary or the relevant beneficiary’s partner.
.
d
in paragraph 3 —
i
in sub-paragraph (1A), after the words “qualifying lender” there shall be inserted the words “or, in accordance with regulation 34B, may be paid directly to the qualifying lender”;
ii
in sub-paragraph (10), after the words “state pension credit”, in the first place where those words occur, there shall be inserted the words “but not in a case to which sub-paragraph (11) applies,”;
iii
after sub-paragraph (10), there shall be added the following sub-paragraph —
11
This sub-paragraph applies where the last day on which either the claimant or his partner were entitled to income support or to an income-based jobseeker’s allowance was no more than twelve weeks before —
a
except where paragraph (b) applies, the first day of entitlement to state pension credit; or
b
where the claim for state pension credit was treated as made on a day earlier than the day on which it was actually made (“the actual date”), the day which would have been the first day of entitlement to state pension credit had the claim been treated as made on the actual date.
;
e
in paragraphs 6 and 7, after “regulation 34A” there shall be inserted “or 34B”;
f
in paragraph 9(4), for the words “Regulation 34A shall not” there shall be substituted the words “Neither regulation 34A nor 34B shall”;
g
in paragraph 11 —
i
in sub-paragraph (1), after “regulation 34A” there shall be inserted “or 34B”;
ii
in sub-paragraph (2)(a)(i), after the words “Jobseeker’s Allowance Regulations” there shall be inserted the words “or paragraph 9 of Schedule II to the State Pension Credit Regulations”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
6
In regulation 7 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (date from which a decision superseded under section 10 takes effect) —
a
after paragraph (17A) there shall be inserted the following paragraphs —
17B
Subject to paragraph (23), where a claimant who is in receipt of state pension credit or his partner is aged 65 or over, the claimant’s appropriate minimum guarantee includes an amount determined in accordance with Schedule II to the State Pension Credit Regulations and there is a change of circumstances referred to in paragraph (17C), a decision made under section 10 shall take effect —
a
on the first anniversary of the date on which the claimant’s housing costs were first met under that Schedule; or
b
where the change occurred after the first anniversary of the date referred to in sub-paragraph (a), on the next anniversary of that date following the date of the change.
17C
Paragraph (17B) applies in a case where a non-dependant commences residing with the claimant or there is an increase in a non-dependant’s income.
.
b
for paragraph (23), there shall be substituted the following paragraph —
23
Where, in any case to which paragraph (14), (17A), (17B) or (18) applies, a claimant has been continuously in receipt of, or treated as having been continuously in receipt of income support, a jobseeker’s allowance or state pension credit, or one of those benefits followed by the other, and he or his partner continues to receive any of those benefits, the anniversary to which those paragraphs refer shall be —
a
in the case of income support or jobseeker’s allowance, the anniversary of the earliest date on which benefit in respect of those mortgage interest costs became payable;
b
in the case of state pension credit, the relevant anniversary date determined in accordance with paragraph 7 of Schedule II to the State Pension Credit Regulations.
.
Amendments to other Regulations
7
1
In regulation 8 of the Social Security (Child Maintenance Bonus) Regulations 1996 (retirement) —
a
in paragraph (2), for the words “income support”, in both places where they occur, there shall be substituted the words “state pension credit”;
b
after paragraph (2) there shall be inserted the following paragraph —
2A
In paragraph (2), “state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002.
.
2
In regulation 17 of the Social Security (Back to Work Bonus) (No. 2) Regulations 1996 (persons attaining pensionable age) —
a
in paragraphs (4) and (6), for the words “income support”, in all places where they occur, there shall be substituted the words “state pension credit”;
b
at the end, there shall be added the following paragraph —
8
In this regulation, “state pension credit” means the benefit of that name payable under the State Pension Credit Act 2002.
.
3
In regulation 1(2) of the Community Charges (Deductions from Income Support) (Scotland) Regulation 1989 (interpretation), for the definition of “personal allowance for a couple where both members are aged not less than 18” there shall be substituted the following definition —
“personal allowance for a couple where both members are aged not less than 18” means —
in the case of a person who is entitled to either income support or state pension credit, the amount for the time being specified in paragraph 1(3)(c) of column (2) of Schedule 2 to the Income Support (General) Regulations 1987 ; or
in the case of a person who is entitled to an income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(3)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 ;
.
4
In regulation 36 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (persons entitled to income support immediately before the appointed day) —
a
in paragraph (15) —
i
at the beginning there shall be inserted the words “Except where paragraph (16) applies,”;
ii
after the words “transferee who”, there shall be inserted the words “or whose partner”;
b
at the end, there shall be added the following paragraphs —
16
Paragraphs (17) to (19) apply only in relation to a transferee whose applicable amount immediately before the appointed day was determined in accordance with paragraph 13(2) of Schedule 7 to the Income Support (General) Regulations 1987 (“the Income Support Regulations”) (persons in residential accommodation who become patients);
17
Where a transferee is a patient on the appointed day and continues to be a patient after that day, section 2(3) has effect for so long as the transferee continues to be a patient with the substitution for the reference to the standard minimum guarantee in paragraph (a) of the amount which is for the time being specified as the applicable amount in column (2) of paragraph 13(2) of Schedule 7 to the Income Support Regulations less the amount applicable under regulation 17(1)(f) or (g) of those Regulations.
18
Where a transferee —
a
ceases to be a patient on or after the appointed day but again becomes a patient no more than 28 days after the last day on which he was previously a patient; and
b
was in residential accommodation (as defined for the purposes of the Income Support Regulations) immediately before again becoming a patient,
section 2(3) has effect when the transferee again becomes a patient with the substitution for the reference to the standard minimum guarantee in paragraph (a) of the amount which is for the time being specified as the applicable amount in column (2) of paragraph 13(2) of Schedule 7 to the Income Support Regulations less the amount applicable under regulation 17(1)(f) or (g) of those Regulations.
19
Where a transferee —
a
ceases to be a patient on or after the appointed day but again becomes a patient no more than 28 days after the last day on which he was previously a patient;
b
was not in accommodation referred to in paragraph (18)(b) immediately before again becoming a patient; and
c
has been a patient for a total period of more than six weeks,
section 2(3) shall have effect when the transferee again becomes a patient with the substitution for the reference to the standard minimum guarantee in paragraph (a) of a reference to an amount determined by taking the amount for the time being specified in regulation 6(1)(a) of the State Pension Credit Regulations and reducing it by an amount equal to 20 per cent of the weekly rate of the basic pension for the time being specified in section 44(4) of the Social Security Contributions and Benefits Act 1992.
.
Signed for the purposes of regulation 3 of the Regulations.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2002
Signed by authority of the Secretary of State for Work and Pensions both for the purpose of concurring in the making of regulation 3 of the Regulations and for the purposes of the remainder of the Regulations.
Ian McCartney
Minister of State,
Department for Work and Pensions
19th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Camden 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 Camden 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 Camden 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
John Hutton
Minister of State,
Department of Health
20th March 2002