text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Dental Services) Amendment Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
Amendment of the National Health Service (General Dental Services) Regulations 1992
2
The National Health Service (General Dental Services) Regulations 1992 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 5
3
In regulation 5 (application for inclusion in the dental list), for paragraph (3ZA)(a), substitute —
a
the information provided by the dentist in accordance with paragraphs 5B and 14 of Schedule 2 and the references provided by the referees nominated by the dentist in accordance with paragraph 11A of that Schedule.
Amendment of regulation 5ZA
4
In regulation 5ZA (grounds for refusal) —
a
for paragraph (1)(c) substitute —
c
that having contacted the referees nominated by the dentist in accordance with paragraph 11A of Schedule 2, they are not satisfied with the references given.
b
in paragraph (3)(g) for the words from “what the facts were” to the end, substitute —
the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;
.
Amendment of regulation 5ZB
5
In regulation 5ZB (deferment of decision) —
a
in paragraph (1)(a) for the words from “legal proceedings” to “in the United Kingdom” substitute —
proceedings in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,
;
b
in paragraph (1)(b) for “successful” substitute “adverse”;
c
in paragraph (4) for “must notify the dentist” to the end, substitute —
shall notify the dentist in writing that he must —
update his application within 28 days of the date of the notification (or such longer period as the Health Authority may agree);
confirm in writing within the period mentioned in sub-paragraph (a) that he wishes to proceed with his application.
.
Amendment of regulation 5ZD
6
In regulation 5ZD (conditional inclusion) —
a
for paragraph (16) substitute —
16
The Health Authority shall notify any person or body of the information specified in paragraph (14) if that person or body can establish that it is employing the dentist in a professional capacity and the Health Authority receives a written request (including an electronic request) from that person or body to do so.
;
b
at the end of paragraph (17) add “relating to that information”.
Amendment of regulation 8B
7
Regulation 8B (criteria for decisions on removal) shall be amended as follows —
a
For paragraph (2)(b) substitute —
b
the length of time since any offence, incident, conviction or investigation;
b
for paragraph (2)(g) substitute —
g
whether the dentist has been refused admittance to, conditionally included in, contingently removed, removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;
;
c
for paragraph (4)(b) substitute —
b
the length of time since the last incident of fraud occurred, and since any investigation into that incident of fraud was concluded;
;
d
in paragraph (4)(e) for “the investigation” substitute “any investigation into the incident of fraud”;
e
for paragraph (4)(f) substitute —
f
whether he has been refused admittance to, conditionally included in, contingently removed, removed or is currently suspended from other Health Authority lists or equivalent lists, and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;
;
f
for paragraph (6)(a) substitute —
a
the nature of any incident which was prejudicial to the efficiency of the General Dental Services provided by him;
;
g
for paragraph (6)(b) substitute —
b
the length of time since the last such incident occurred, and since any investigation into that incident was concluded;
.
Amendment of regulation 8D
8
In Regulation 8D (notifications by Health Authorities) —
a
in paragraph (1), for “they shall notify the persons or bodies” to the end, substitute “they shall notify the persons and bodies specified in paragraph (2), and shall additionally notify those specified in paragraph (3) if so requested by those persons or bodies in writing (including electronically), of the matters set out in paragraph (4).”.
b
for paragraph (3) substitute —
3
The persons or bodies to be additionally notified in accordance with paragraph (1) are persons or bodies that can establish that they are considering employing the dentist in a professional capacity.
;
c
at the end of paragraph (5) add “relating to that information”.
Amendment of regulation 8E
9
In regulation 8E (procedure on removal), in paragraph (3)(c), omit “calendar”.
Amendment of regulation 8G
10
In regulation 8G (procedure on review of Health Authority decision), omit paragraph (1)(e).
Amendment of Schedule 4
11
In Schedule 4 (prior approval treatment), in each of paragraphs 1 and 2 of Part II, for “£260” substitute “£375”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
11th March 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation, and extent
1
1
This order may be cited as the County Durham and Darlington Acute Hospitals National Health Service Trust (Establishment) and the North Durham Health Care National Health Service Trust and South Durham Health Care National Health Service Trust (Dissolution) Order 2002, and shall come into force on 1 October 2002.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the dissolution date” means 1 October 2002; and
“the trust” means the County Durham and Darlington Acute Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the County Durham and Darlington Acute 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 —
a
the University Hospital of North Durham, North Road, Durham DL1 5TW;
b
Darlington Memorial Hospital, Hollyhurst Road, Darlington DL3 6HX;
c
Bishop Auckland General Hospital, Cockton Hill Road, Bishop Auckland DL14 6AD; and
d
at or from any associated hospitals, establishments, and facilities.
Directors of the trust
4
The trust shall have a chairman, 5 executive directors and 5 non-executive directors.
Operational and accounting dates of the trust
5
1
The operational date of the trust shall be 1 October 2002.
2
The accounting date of the trust shall be 31 March.
Dissolution of National Health Service trusts
6
On the dissolution date —
a
the North Durham Health Care National Health Service Trust, which was established by the North Durham Health Care National Health Service Trust (Establishment) Order 1998 ; and
b
the South Durham Health Care National Health Service Trust, which was established by the South Durham Health Care National Health Service Trust (Establishment) Order 1998 ;
are dissolved, and their Establishment Orders are accordingly revoked.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
20th September 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) Amendment (No. 2) Regulations 2002 and shall come into force on 1st September 2002.
2
These Regulations apply to England only.
Amendment of the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001
2
1
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), in the definition of “new provider”, in paragraph (a) for “1st September 2002” substitute “1st January 2003”.
3
In regulation 3(3)(a) (registration fees), for “1st September 2002” substitute “1st January 2003”.
4
In regulation 5 (annual fees), in the Table, in column (5) of the entry for “Nurses agency”, for “1st September 2002” substitute “1st January 2003”.
5
In regulation 6 (frequency of inspections), for paragraph (5) substitute —
5
In this regulation “12 month period” means a period commencing on 1st April in any year and ending on 31st March in the following year except that, for the purposes of paragraph (1)(g) and (h), the first 12 month period shall be treated as commencing on 1st January 2003 and ending on 31st March 2004.
.
Jacqui Smith
Minister of State,
Department of Health
5th August 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Animal By–Products (Identification) (Amendment) (England) (No. 2) Regulations 2002; they extend to England only and come into force on 1st April 2003.
Amendments to the Animal By–Products (Identification) Regulations 1995
2
1
In so far as they extend to England, the Animal By–Products (Identification) Regulations 1995 are amended in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) —
a
for the definition of “the 1992 Order” there shall be substituted the following definition —
“the 1999 Order ” means the Animal By–Products Order 1999 ;
;
b
the following definition is inserted between the definition of “animal by–products premises” and the definition of “carcase” —
“approved premises” means premises which are approved under article 7 of the 1999 Order;
; and
c
the definition of “sterilised” is revoked.
3
In paragraph (1) of regulation 3 (meaning of “animal by–product”) the word “direct” is revoked.
4
In paragraph (a) of regulation 4 (scope) the words “sterilisation or” are revoked.
5
In each of sub–paragraphs (c) and (d) of paragraph (2) of regulation 5 (exemptions) for the expression “the 1992 Order” there is substituted the expression “the 1999 Order”.
6
In regulation 6 (sterilisation and staining of animal by-products in cold stores, cutting premises, game processing facilities or slaughterhouses) —
a
in the heading the words “sterilisation and” are revoked;
b
in paragraph (1) the words “sterilised or” are revoked;
c
paragraph (2)(a) is revoked;
d
in paragraph (2)(b) —
i
the word “or”, where it appears at the end of division (i), is revoked, and
ii
after division (ii) there is inserted the following division —
iii
is immediately moved, in the manner specified in paragraph (4), to approved premises for rendering there, or to premises which are adequately separated from the cold store, cutting premises, game processing facility or slaughterhouse concerned for incineration there in accordance with article 10 of the 1999 Order.
;
e
paragraph 2(c) is revoked;
f
in paragraph (3) —
i
the phrase “paragraph (2)(b) above” is substituted for the phrase “paragraph (2)(a) or (b) above”, and
ii
the phrase “sterilised or, as the case may be,” is revoked; and
g
for paragraph (4) there is substituted the following paragraph —
4
The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the cold-store, cutting premises, game processing facility or slaughterhouse concerned directly with the relevant approved premises or, as the case may be, premises at which the animal by-product is to be incinerated.
.
7
In regulation 7 (sterilisation and staining of animal by–products in animal by–products premises) —
a
in the heading the words “sterilisation and” are revoked;
b
in paragraph (1) —
i
the phrase “paragraphs (2) and (3)” is substituted for the phrase “paragraph (2)”, and
ii
the words “sterilised or” are revoked; and
c
for paragraphs (2) and (3) there are substituted the following paragraphs —
2
The duty imposed by paragraph (1) shall not apply in relation to any animal by-product which is immediately moved, in the manner specified in paragraph (3), to approved premises for rendering there, or to premises which are adequately separated from the animal by-products premises concerned for incineration there in accordance with article 10 of the 1999 Order.
3
The manner is that the animal by-product is moved through a sealed and leak-proof pipe which connects the animal by-products premises concerned directly with the relevant approved premises or, as the case may be, premises at which the animal by-product is to be incinerated.
.
8
In paragraph (1) of regulation 8 (freezing of animal by-products in any animal by-products premises, cold store, cutting premises, game processing facility or slaughterhouse) the phrase “sterilised or” is revoked.
9
In each of paragraphs (1) and (3) of regulation 9 (storage and packaging of animal by-products) the word “unsterilised” is revoked.
10
In each of paragraphs (1) and (2) of regulation 10 (restriction on movement of animal by-products) the phrase “sterilised or” is revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears,
Parliamentary Under-Secretary of State,
Department of Health
22nd December 2002


text:
PART 1
General
1
This Order may be cited as the International Maritime Organisation (Immunities and Privileges) Order 2002. It shall come into force on the day after the day on which it is made.
2
In this Order “the 1961 Convention Articles” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
3
The Orders specified in the Schedule to this Order are hereby revoked to the extent specified in the third column of that Schedule.
PART 2
The Organisation
4
The International Maritime Organisation (hereinafter referred to as the Organisation) is an Organisation of which the United Kingdom and foreign sovereign Powers are members.
5
The Organisation shall have the legal capacities of a body corporate and, except in sofar as in any particular case it has expressly waived its immunity, immunity from suit andlegal process. No waiver of immunity shall be deemed to extend to any measure of execution.
6
The Organisation shall have the like inviolability of official archives and premises as, in accordance with the 1961 Convention Articles, is accorded in respect of the official archives and premises of a diplomatic mission.
7
The Organisation shall have the like exemption or relief from taxes, other than customs duties and taxes on the importation of goods, as is accorded to a foreign sovereign Power.
8
The Organisation shall have the like relief from rates as in accordance with Article 23 of the 1961 Convention Articles is accorded in respect of the premises of a diplomatic mission.
9
The Organisation shall have exemption from customs duties and taxes on the importation of goods imported by the Organisation for its official use in the United Kingdom, or on the importation of any publications of the Organisation imported by it, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue.
10
The Organisation shall have exemption from prohibitions and restrictions on importation or exportation in the case of goods imported or exported by the Organisation for its official use and in the case of any publications of the Organisation imported or exported by it.
11
The Organisation shall have relief, under arrangements made either by the Secretary of State or by the Commissioners of Customs and Excise, by way of refund of customs duty paid on or value added tax paid on the importation of any hydrocarbon oils (within the meaning of the Hydrocarbon Oil Duties Act 1979 ) which are bought in the United Kingdom and used for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
12
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of car tax paid on any vehicles and value added tax paid on the supply of any goods or services which are used for the official purposes of the Organisation, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements.
13
The Organisation shall have relief, under arrangements made by the Secretary of State, by way of refund of Insurance Premium Tax and Air Passenger Duty paid by the Organisation in the exercise of its official activities.
PART 3
Representatives
14
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the member whom they represent, representatives of members of the Organisation on any of its organs at meetings convened by it shall enjoy: —
a
in respect of words spoken or written and all acts done or omitted to be done by them in their official capacity, the like immunity from suit and legal process as is accorded to the head of a diplomatic mission;
b
while exercising their functions and during their journeys to and from the place of meeting, the like immunity from personal arrest or detention and the like inviolability for all papers and documents as is accorded to the head of a diplomatic mission;
c
while exercising their functions and during their journeys to and from the place of meeting, the like exemptions and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent.
2
Where the incidence of any form of taxation depends on residence, any period during which representatives of members of the Organisation on any of its organs at meetings convened by it are present in the United Kingdom for the exercise of their functions shall, for the purpose of determining their liability to taxation, be treated as not being a period of residence in the United Kingdom.
3
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of representatives of members of the Organisation other than alternates, advisers, technical experts and secretaries of delegations.
4
Neither the provisions of the preceding paragraphs of this Article nor those of Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the representative of Her Majesty’s Government in the United Kingdom or as a member of the official staff of such a representative or on any person who is a British citizen, British overseas territories citizen, British Overseas citizen, or British National (Overseas).
5
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on families of representatives or on the families of members of their official staffs.
15
1
Except in so far as in any particular case any privilege or immunity is waived by the Government of the member whom he represents, every person designated by a member of the Organisation as its principal permanent representative or acting principal permanent representative to the Organisation in the United Kingdom, and members of their family forming part of their household, shall enjoy for the term of his business with the Organisation: —
a
the like immunity from suit and legal process as is accorded to the head of a diplomatic mission;
b
the like immunity from personal arrest or detention and the like inviolability for all his papers and documents as is accorded to the head of a diplomatic mission;
c
the like exemption and privileges in respect of his personal baggage as in accordance with paragraph 2 of Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent;
d
the like exemption or relief from taxes and rates, other than duties (whether of customs or excise) and taxes on the importation of goods, as are accorded to or in respect of a diplomatic agent;
e
the like exemption from duties (whether of customs or excise) and taxes on the importation of articles imported for his personal use or for that of members of his family forming part of his household, including articles intended for his establishment and the like privilege as to the importation of such articles, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
f
relief, under arrangements made by the Commissions of Customs and Excise, by way of refund of duty (whether of customs or excise) paid on imported hydrocarbon oil (within the meaning of the Hydrocarbon Oil Duties Act 1979) or value added tax paid on the importation of such oil which is bought in the United Kingdom by him or on his behalf for his personal use or for that of members of his family forming part of his household, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
g
exemptions whereby, for purposes of the enactments relating to social security, including enactments in force in Northern Ireland —
i
services rendered by him for the Organisation shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable, but
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted; and
h
the like exemption or relief from being liable to pay anything in respect of council tax, as is accorded to or in respect of the head of a diplomatic mission,
provided that sub-paragraphs (d) to (h) of this paragraph shall not apply to any person who is a permanent resident of the United Kingdom, and sub-paragraphs (a) to (c) shall apply to any such person only while he is exercising his official functions.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff of a principal permanent representative or acting principal permanent representative other than members of his staff of diplomatic status resident in the United Kingdom.
3
Neither this Article nor Part IV of Schedule 1 to the Act shall operate so as to confer any privilege or immunity on any person as the principal permanent representative or acting principal permanent representative of the United Kingdom or as a member of the staff of such a representative, or as a member of the family of such a representative, or on any person who is a British citizen, British overseas territories citizen, British Overseas citizen or British National (Overseas).
PART 4
Officers
High Officers
16
Except in so far as in any particular case any privilege or immunity is waived by the Organisation, there shall be accorded to or in respect of the Secretary-General of the Organisation, the Deputy Secretary-General (or, in the absence of both, any other official specially designated to act on behalf of the Secretary-General), the Secretary of the Maritime Safety Committee and the Directors of the Administrative Division, the Technical Co-operation Division, the Legal Affairs and External Relations Division, the Conference Division and the Marine Environment Division: —
a
the like immunity from suit and legal process, the like inviolability of residence and the like exemption or relief from taxes and rates, other than customs duties and taxes on the importation of goods, as are accorded to or in respect of the head of a diplomatic mission;
b
the like exemption from customs duties and taxes on the importation of articles imported for their personal use or the use of members of their families forming part of their households, including articles intended for their establishment, as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
c
the like exemption and privileges in respect of their personal baggage as in accordance with paragraph 2 of Article 36 of those Articles are accorded to a diplomatic agent;
d
relief, under arrangements made either by the Secretary of State or by the Commissioners of Customs and Excise, by way of refund of customs duty paid on or value added tax paid on the importation of any hydrocarbon oils (within the meaning of the Hydrocarbon Oil Duties Act 1979) which are bought in the United Kingdom by them or on their behalf, such relief to be subject to compliance with such conditions as may be imposed in accordance with the arrangements;
provided that the provisions of this Article shall not apply to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, or British National (Overseas) or a permanent resident of the United Kingdom.
Senior Officers
17
1
Except in so far as in any particular case any privilege or immunity is waived by the Organisation, there shall be accorded to or in respect of any officer of the Organisation (other than the officers referred to in Article 16) who is recognised by Her Majesty’s Government in the United Kingdom as holding a rank equivalent to that of a diplomatic agent: —
a
the like exemption or relief from income tax, capital gains tax and rates as, in accordance with Article 34 of the 1961 Convention Articles, is accorded to a diplomatic agent;
b
the exemptions, privileges and reliefs specified in Article 16(b), (c) and (d) of this Order;
c
in the event of his death, exemption from inheritance tax leviable on his death under the law of any part of the United Kingdom in respect of moveable property which is in the United Kingdom immediately before his death and whose presence in the United Kingdom at that time is due solely to his presence there in the capacity by reference to which the exemptions are conferred;
d
exemption from vehicle excise duty;
provided that the provisions of this paragraph shall not apply to any person who is a British citizen, British overseas territories citizen, British Overseas citizen, or British National (Overseas) or a permanent resident of the United Kingdom.
2
There shall be accorded in respect of a member of the family forming part of the household of such an officer as is mentioned above, unless the member is a British citizen, British overseas territories citizen, British Overseas citizen, or British National (Overseas) or a permanent resident of the United Kingdom, the exemption listed in paragraph (1)(c) of this Article.
All Officers
18
Except in so far as in any particular case any privilege or immunity is waived by the Organisation, all officers of the Organisation with the exception of those who are recruited locally and assigned to hourly rates of pay shall enjoy: —
a
immunity from suit and legal process in respect of words spoken or written and all acts done or omitted to be done by them in the course of the performance of their official duties;
b
exemption from income tax in respect of emoluments received by them as officers of the Organisation;
c
the like exemption from customs duties and taxes on the importation of articles which —
i
at or about the time when the officer first enters the United Kingdom as an officer of the Organisation are imported for his personal use or that of members of his family forming part of his household, including articles intended for his establishment, and
ii
are articles which were in his ownership or possession or that of such a member of his family, or which he or such member of his family was under contract to purchase, immediately before he so entered the United Kingdom,
as in accordance with paragraph 1 of Article 36 of the 1961 Convention Articles is accorded to a diplomatic agent;
d
unless they are British citizens, British overseas territories citizens, British Overseas citizens, or British Nationals (Overseas) or permanently resident in the United Kingdom, exemption from customs duties and taxes on the importation of any motor vehicle imported by way of replacement of a motor vehicle in respect of which the conditions specified in sub-paragraph (c) of this Article were fulfilled, such exemption to be subject to compliance with such conditions as the Commissioners of Customs and Excise may prescribe for the protection of the Revenue;
e
unless they are British citizens, British overseas territories citizens, British Overseas citizens, or British Nationals (Overseas) or permanently resident in the United Kingdom, exemptions whereby, for the purposes of the enactments relating to national insurance and social security, including enactments in force in Northern Ireland —
i
services rendered by them for the Organisation shall be deemed to be excepted from any class of employment in respect of which contributions or premiums under those enactments are payable but,
ii
no person shall be rendered liable to pay any contribution or premium which he would not be required to pay if those services were not deemed to be so excepted.
PART 5
Experts
19
1
Except in so far as in any particular case any privilege or immunity is waived by the Organisation, experts (other than officers of the Organisation) serving on any committee of the Organisation or employed on missions on behalf of the Organisation shall, so far as is necessary for the effective exercise of their functions, enjoy: —
a
in respect of words spoken or written and all acts done or omitted to be done by them in the performance of their official functions, the like immunity from suit and legal process as is accorded to the head of a diplomatic mission;
b
while exercising their functions and during their journeys in connection with service on such committees or missions, the like immunity from personal arrest or detention and the like inviolability for all papers and documents relating to the work on which they are engaged for the Organisation as is accorded to the head of a diplomatic mission;
c
while exercising their functions and during their journeys in connection with service on such committees or missions, the like exemptions and privileges in respect of their personal baggage as in accordance with Article 36 of the 1961 Convention Articles are accorded to a diplomatic agent.
2
Part IV of Schedule 1 to the Act shall not operate so as to confer any privilege or immunity on the official staff or on families of experts to whom the provisions of paragraph (1) of this Article apply.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the National Emission Ceilings Regulations 2002 and shall come into force on 10th January 2003.
Interpretation
2
1
In these Regulations —
“emission” means the release of a substance from a point or diffuse source into the atmosphere, with the exception of —
emissions from international maritime traffic; and
aircraft emissions beyond the landing and take-off cycle, being a cycle represented by the following time in each operating mode:
4 minutes for approach;
26 minutes for taxi/ground idle;
0.7 minutes for take-off; and
2.2 minutes for climb;
“nitrogen oxides” means nitric oxide and nitrogen dioxide, expressed as nitrogen dioxide;
“relevant pollutant” means sulphur dioxide (SO 2 ), nitrogen oxides (NO X ), volatile organic compounds ( VOC ) or ammonia ( NH 3 );
“volatile organic compound” means all organic compounds (other than methane) arising from human activities which are capable of producing photochemical oxidants by reactions with nitrogen oxides in the presence of sunlight.
2
For the purposes of these Regulations, references to the “United Kingdom” shall include —
a
the area adjacent to the United Kingdom up to the seaward limits of territorial waters; and
b
any area for the time being designated under section 1(7) of the Continental Shelf Act 1964 (designation of areas of continental shelf).
3
For the purpose of regulations 4(4) and 5(4), “the public” includes any organisation or body representing or having an interest in the environment, health, business or consumers.
National emission ceilings
3
The Secretary of State shall ensure that, in 2010 and each year thereafter, the total emissions within the United Kingdom of each relevant pollutant do not exceed the amount specified in the Schedule for that pollutant.
National programme
4
1
The Secretary of State shall as soon as practicable prepare a programme for the progressive reduction in emissions within the United Kingdom of the relevant pollutants in accordance with Article 6(1) and (2) and having regard to Article 5 of European Parliament and Council Directive 2001/81/ EC relating to national emission ceilings for certain atmospheric pollutants .
2
The Secretary of State may review the programme from time to time and shall update and revise it as necessary by 1st October 2006.
3
Public authorities shall have regard to the programme when exercising any functions which significantly affect the level of emissions within the United Kingdom of the relevant pollutants.
4
The Secretary of State shall take appropriate steps to ensure that the programme is made available to the public and is clear, comprehensible and easily accessible.
Emissions inventories and projections
5
1
The Secretary of State —
a
shall as soon as practicable prepare —
i
a final inventory of emissions within the United Kingdom of the relevant pollutants during the year 2000;
ii
a provisional inventory of emissions within the United Kingdom of the relevant pollutants during the year 2001; and
iii
a projection of emissions within the United Kingdom of the relevant pollutants during the year 2010; and
b
shall —
i
by 31st December in each year prepare a final inventory of emissions within the United Kingdom of the relevant pollutants during the year ending on 31 December 24 months earlier;
ii
by 31st December in each year prepare a provisional inventory of emissions within the United Kingdom of the relevant pollutants during the year ending on 31 December 12 months earlier; and
iii
by 31st December in each year up to and including 2009 update the projection referred to in paragraph (1)(a)(iii).
2
The inventories and projections referred to in paragraph (1) shall be prepared and updated using the methodologies in the Joint EMEP/CORINAIR Atmospheric Emission Inventory Guidebook, third Edition, 2001, published by the European Environment Agency .
3
The projection referred to in paragraph (1)(a)(iii) shall include information to enable a quantitative understanding of the key socio-economic assumptions used in its preparation.
4
The Secretary of State shall take appropriate steps to ensure that the inventories and projections referred to in paragraph (1) are made available to the public.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
16th December 2002


text:
Title, commencement and extent
1
This Order, which shall extend to England only, may be cited as the Fur Farming (Compensation Scheme) (England) Order 2002 and shall come into force on 1st March 2002.
Interpretation
2
1
In this Order —
“the 2001 Order ” means the Fur Farming (Compensation Scheme) (England) Order 2001 ;
“ the Act ” means the Fur Farming (Prohibition) Act 2000;
“agricultural occupancy condition” means a condition either imposed or having effect under section 70 of the Town and Country Planning Act 1990 by virtue of which the occupation of a dwelling is limited to a category of persons which includes persons solely or mainly working in the locality for the purposes of agriculture;
“applicant” means a person claiming to be entitled to compensation in accordance with this Order and making a first-stage application;
“asbestos” means amosite, crocidolite, chrysotile, fibrous actinolite, fibrous anthophyllite, fibrous tremolite and any mixture containing one or more of those minerals;
“associate” means any of the following —
in relation to a natural person —
that person’s spouse or any of that person’s relatives;
any person with whom that person, that person’s spouse or any of that person’s relatives is in partnership; or
any body corporate of which that person, that person’s spouse or any of that person’s relatives is a director or controller;
in relation to a body corporate —
any of its directors or controllers;
any subsidiary of the body corporate;
any of the directors or controllers of such a subsidiary;
if the body corporate is itself a subsidiary, any other subsidiary of the holding company they have in common;
any director or controller of any such other subsidiary; or
any person with whom that body corporate is in partnership; or
in relation to any person, the spouse or any of the relatives of any of the natural persons identified as associates elsewhere in this definition;
and for the purposes of this definition —
“acting in concert” means acting in accordance with an agreement or arrangement with respect to either —
the acquisition, holding or disposal of shares or other interests in a body corporate; or
the exercise of voting power in a body corporate;
“controller” means (in relation to a body corporate) any person —
in accordance with whose directions or instructions the directors of that body corporate or of any other body corporate which is its controller are accustomed to act; or
who (either alone or with any associate or with any person with whom he is acting in concert) is entitled to exercise or control the exercise of at least one-third of the voting power at any general meeting of that body corporate or of any other body corporate which is its controller;
“director” means —
in relation to a body corporate whose affairs are managed by a board of directors or similar body, a member of that board or body;
in relation to a body corporate whose affairs are managed by a single director or similar person, that director or person; or
in relation to a body corporate whose affairs are managed by the members themselves, a member of the body corporate;
“holding company” means a holding company within the meaning of section 736(1) of the Companies Act 1985 ;
“relative” means parent (or step-parent), child (or step-child), brother, sister, uncle, aunt, nephew, niece, grandparent or grandchild; and
“subsidiary” means a subsidiary within the meaning of section 736(1) of the Companies Act 1985;
“Bank of England base rate” means the rate announced from time to time by the Monetary Policy Committee of the Bank of England as the official dealing rate, being the rate at which the Bank of England is willing to enter into transactions for providing short term liquidity in the money markets;
“breeding female” means a female mink kept solely or primarily for either or both of the following purposes —
breeding progeny for slaughter for the value of their fur; or
breeding progeny for sale for such slaughter;
“determination as to amount” means a determination made by the Minister under article 8 as to the amount of compensation payable to an entitled applicant;
“determination of entitlement” means a determination made by the Minister under article 5 that an applicant is entitled to compensation under this Order;
“discounted replacement cost” means (in relation to an item of equipment) the reasonable cost of replacing that item less a reasonable allowance in respect of depreciation which —
takes into account both —
the age, condition and expected useful life of the item; and
any other factors that are relevant; and
is arrived at in accordance with UK GAAP ;
“entitled applicant” means an entitled person making a second-stage application;
“entitled person” means a person in respect of whom a determination of entitlement has been made;
“equipment” includes —
equipment which is attached to any land or building (as well as equipment which is not);
specialised buildings; and
security installations;
“first-stage application” means an application made in accordance with article 4 and Schedule 2 for a determination of entitlement;
“the Minister” means the Minister of Agriculture, Fisheries and Food;
“mink” means an animal of the species Mustela vison;
“non-qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of activities other than keeping mink for one or more of the relevant purposes;
“professional fees” means any fees paid by an applicant or an entitled applicant to an accountant or to a surveyor or valuer (or both) in respect of the work carried out by them in preparing a first-stage application or a second-stage application (or both);
“qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of keeping mink for one or more of the relevant purposes;
“reference date” means (in relation to a qualifying business) the date on which the last complete accounting period prior to the cessation of the qualifying business ended; and
“reference period” means (in relation to a qualifying business) the period of five years ending on the reference date for that qualifying business.
“relevant planning gain” means any increase in the value of a restricted property which —
results from the removal of the agricultural occupancy condition from that property following the cessation of a qualifying business; and
is realised on the sale of the property within three years of the date on which the entitled person ceased to carry on his qualifying business;
“relevant purposes” means (in relation to the keeping of mink) the following purposes —
slaughter (whether by the keeper of the mink or by any other person) solely or primarily for the value of their fur;
sale for such slaughter;
breeding progeny for such slaughter; and
breeding progeny for sale for such slaughter;
“restricted property” means any property —
in which an entitled person (or any associate of that entitled person) had a freehold or leasehold interest at any time between 23rd November 2000 and the date on which the entitled person ceased to carry on his qualifying business; and
which was subject to an agricultural occupancy condition at any time during that period.
“second-stage application” means an application made in accordance with article 7 and Schedule 4 for a determination as to amount;
“security installation” means any device, fence or structure installed or erected in order to retain mink within an area or to exclude any trespassers from entering an area in which mink are kept or housed;
“specialised building” means any building or structure which —
has been used solely or primarily in a qualifying business; and
cannot reasonably be used for any other purpose; and
“UK GAAP” means generally accepted accounting practice in the United Kingdom.
2
In this Order —
a
any reference to a numbered article is a reference to the article so numbered in this Order;
b
any reference to a numbered Schedule is a reference to the Schedule to this Order so numbered in this Order; and
c
any reference in an article or a Schedule to a numbered paragraph is a reference to the paragraph so numbered in the article or Schedule in which the reference is made.
Compensation
3
The Minister shall pay compensation in accordance with the remaining provisions of this Order to any person who satisfies her that —
a
on 2nd March 1999, he —
i
was carrying on a qualifying business, and
ii
held a licence to keep mink in accordance with the Mink Keeping Order 1997 ;
b
either —
i
on the date on which this Order comes into force, he had ceased, by reason of the enactment or coming into force of section 1 of the Act, to carry on his qualifying business; or
ii
not later than 31st December 2002, he has ceased to do so; and
c
as a result, he has incurred any income losses or non-income losses (or both) of the kind specified in Schedule 1.
First-stage application
4
1
Schedule 2 shall apply in relation to first-stage applications and determinations of entitlement.
2
No person may make a first-stage application —
a
while he continues to keep mink for one or more of the relevant purposes;
b
subject to article 11, more than three months after the later of —
i
the date on which this Order comes into force; or
ii
the date on which he ceased to carry on his qualifying business; or
c
subject to article 12, if he has made a first-stage application on a previous occasion.
Determination of entitlement
5
1
The Minister shall make a determination of entitlement in respect of any applicant where, on the basis of the information provided in that applicant’s first-stage application and any other relevant information available to her, it appears to her that he fulfils the requirements set out in article 3.
2
The Minister shall also make a determination of entitlement in respect of an applicant if either —
a
an arbitrator finds in favour of the applicant following a reference by agreement in accordance with section 5(5) of the Act; or
b
the Lands Tribunal finds in favour of the applicant following a reference in accordance with section 5(6) of the Act.
3
The Minister may revoke a determination of entitlement at any time within six years of the date on which it was originally made if —
a
either —
i
she believes that any information supplied to her in support of a first-stage application was inaccurate in any material respect, or
ii
new information, which is relevant and material to a first-stage application, becomes available to her; and
b
she is satisfied that the person in respect of whom the determination of entitlement was made does not fulfil the requirements set out in article 3.
4
Where the Minister either —
a
does not make a declaration of entitlement in respect of an applicant, or
b
revokes a determination of entitlement in respect of any person,
she may, if she is satisfied that the person fulfils the requirements set out in paragraphs (a) and (b) of article 3, make a payment to that person in respect of any reasonable professional fees paid by him.
Interim payment
6
The Minister shall, within six weeks of making a determination of entitlement, pay to the entitled person in respect of whom it was made the following amounts —
a
an interim payment calculated in accordance with the provisions of Schedule 3; and
b
interest on that amount at 1 per cent per annum over the Bank of England base rate from the date on which that entitled person’s first-stage application was received by the Minister until the date on which the payment is made by the Minister.
Second-stage application
7
1
Schedule 4 shall apply in relation to second-stage applications and determinations as to amount.
2
No person may make a second-stage application —
a
unless he is an entitled person;
b
subject to article 11, more than six months after the date on which the Minister notified him that she had made a determination of entitlement in respect of him; or
c
subject to article 12, if he has made a second-stage application on a previous occasion.
Determination as to amount
8
1
The Minister shall make a determination as to amount in respect of an entitled applicant specifying the amount which, on the basis of the information provided in that entitled applicant’s second-stage application and any other relevant information available to her, she considers is due to that entitled applicant in accordance with the provisions of Schedule 5.
2
The Minister may revise a determination as to amount either —
a
in accordance with paragraph 8(1)(a) of Schedule 4;
b
following an arbitration in accordance with section 5(5) of the Act; or
c
following a reference to the Lands Tribunal in accordance with section 5(6) of the Act.
3
The Minister shall revise a determination as to amount in accordance with paragraph (2) above to the extent (if any) that either —
a
an arbitrator finds in favour of the applicant following a reference by agreement in accordance with section 5(5) of the Act; or
b
the Lands Tribunal finds in favour of the applicant following a reference in accordance with section 5(6) of the Act.
4
The Minister may also revise a determination as to amount at any time within six years of the date on which it was originally made if —
a
either —
i
she believes that any information supplied to her in support of a second-stage application was inaccurate in any material respect, or
ii
new information (including information relating to a change in circumstances), which is relevant and material to a second-stage application, becomes available to her; and
b
she is satisfied that the amount payable to the person in respect of whom the determination as to amount was made is different from the amount specified in the determination as to amount.
5
Where there has been a change of circumstances which is relevant and material to a second-stage application, the Minister may revise a determination as to amount under paragraph (4) above, irrespective of whether or not —
a
the information provided in the second-stage application was correct at the time when it was submitted to her, or
b
the amount specified in the original determination as to amount was correctly calculated on the basis of the information provided in the second-stage application and any other relevant information available to her at the time.
6
Where the Minister revises a determination as to amount in accordance with this article, she shall notify the person in respect of whom the determination as to amount was made that she has done so and paragraphs 6 to 12 of Schedule 4 shall apply.
7
Where —
a
a person in respect of whom a determination as to amount has been made subsequently realises a relevant planning gain on the sale of a restricted property, and
b
the amount to be deducted in accordance with Part IX of Schedule 5 from the compensation otherwise payable to that entitled applicant is equal to or exceeds the amount payable in accordance with Parts III to VIII of Schedule 5,
the Minister shall specify in her revised determination as to amount that the amount of compensation payable to that person is zero.
8
A determination as to amount made in respect of any person whose determination of entitlement is revoked in accordance with article 5(4) shall automatically be revoked.
Payment of compensation
9
1
The Minister shall, within six weeks of the date on which she receives written notification under paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be) that a determination as to amount has been accepted, pay to the person in respect of whom it was made the following amounts —
a
the amount specified in the determination as to amount; and
b
subject to paragraphs (3), (4) and (5) below, interest on that amount at 1 per cent per annum over the Bank of England base rate for the period from the date on which that person’s first-stage application was received by the Minister until the date on which the payment is made by the Minister.
2
If, after nine months has elapsed from the date on which the Minister first notifies an entitled applicant in accordance with paragraph 3(b) of Schedule 4 or paragraph 5 of Schedule 4 (as the case may be) of her determination as to amount, the Minister has not received written notification under paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be) from that entitled applicant as to whether or not he accepts the determination as to amount, the Minister may pay to the entitled applicant —
a
the amount specified in the determination as to amount; and
b
subject to paragraphs (3) and (4) below, interest on that amount at 1 per cent per annum over the Bank of England base rate for the period from the date on which that person’s first-stage application was received by the Minister until, as the case may be —
i
the date three months after the date on which the Minister made a determination as to amount in respect of that entitled applicant in accordance with paragraph 3(b) of Schedule 4;
ii
the date three months after the date on which the Minister made a determination as to amount in respect of that entitled applicant in accordance with paragraph 5 of Schedule 4;
iii
the date one month after the date on which the Minister made a revised determination as to amount in respect of that entitled applicant in accordance with paragraph 8(1)(a) of Schedule 4; or
iv
the date one month after the date on which the Minister confirmed her original determination as to amount in accordance with paragraph 8(1)(b) of Schedule 4.
3
Interest shall not be payable in accordance with paragraphs (1)(b) or (2)(b) above on any amount payable in accordance with Parts IV, VI , VII or VIII of Schedule 5 for any period prior to the date on which the payment, judgment, arbitral award or settlement to which the amount relates was made.
4
Interest shall not be payable in accordance with paragraphs (1)(b) or (2)(b) above in respect of any period from the date two months after the date on which the Minister notified the person to whom interest is payable that she had made a determination of entitlement in respect of that person until the date on which that person’s second-stage application was received by the Minister.
5
If a person to whom interest is payable in accordance with paragraph (1)(b) above did not notify the Minister as to whether or not he had accepted the determination as to amount within the time limit provided for in paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be), interest shall not be payable in accordance with paragraph (1)(b) above in respect of any period from the date on which that time limit expired until the date on which he notified the Minister in accordance with paragraph 6(1) of Schedule 4 or paragraph 9(1) of Schedule 4 (as the case may be) that he had accepted the determination as to amount made in respect of him.
Recovery of any overpayment
10
1
Where a determination of entitlement is revoked by the Minister in accordance with article 5(3), the following amounts shall immediately become payable to the Minister by the person in respect of whom the determination of entitlement had been made —
a
any amount paid to that person by the Minister under article 6;
b
any amount paid to that person by the Minister under article 9; and
c
interest on those amounts at 1 per cent per annum over the Bank of England base rate from the date of payment until the date of repayment.
2
Where a determination as to amount is revised by the Minister in accordance with article 8(4) and the amount specified in the revised determination as to amount (“the revised amount”) is less than the the amount specified in the original determination as to amount (“the original amount”), the following amounts shall immediately become payable to the Minister by the person in respect of whom the determination as to amount had been made —
a
the difference between the original amount and the revised amount; and
b
subject to paragraph (3) below, interest on that amount at 1 per cent per annum over the Bank of England base rate from the date of the original payment until the date of repayment.
3
To the extent (if any) that the difference referred to in paragraph (2)(a) above results from a relevant planning gain realised on the sale of a restricted property after the date of the original payment, interest shall not be payable on that difference for any period prior to the date on which the relevant planning gain was realised.
4
Subject to paragraph (5) below, any amount payable to the Minister in accordance with paragraph (1) or (2) above shall be recoverable as a civil debt.
5
The Minister shall not take any steps to enforce payment of any amount payable to her under this article until the procedures set out in Schedule 2 or Schedule 4 (as the case may be) have been exhausted.
Power to extend time limits
11
1
The Minister may, if she thinks fit in a particular case, extend any of the time limits provided for in the following provisions of this Order —
a
article 4(2)(b);
b
article 7(2)(b);
c
articles 9(4) and 9(5);
d
paragraphs 4, 6(1), 6(2) and 8 of Schedule 2; and
e
paragraphs 4, 6(1), 6(2), 7(1), 7(2), 9(1), 9(2), 10(1) and 10(2) of Schedule 4.
2
The Minister may extend a time limit in accordance with paragraph (1) above even if it has already expired.
Power to permit further applications
12
Notwithstanding articles 4(2)(c) and 7(2)(c), the Minister may, if she thinks fit in a particular case, permit a person who has already made a first-stage application or a second-stage application to make a further first-stage application or second-stage application (as the case may be).
Transitional provision for first-stage applications made under the 2001 Order
13
1
Any first-stage application made in accordance with the 2001 Order prior to the coming into force of this Order shall be treated as if it had been made in accordance with this Order.
2
Where paragraph (1) above applies, the dates on which the first-stage application was made and on which it was received by the Minister for the purposes of the 2001 Order shall be treated as the dates on which it was respectively made and received for the purposes of this Order.
Revocation of the 2001 Order
14
The 2001 Order is revoked.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
5th February 2002


text:
Citation, interpretation and commencement
1
This Order, which may be cited as the Pensions (Polish Forces) Scheme (Extension) Order 2002 shall be read as one with the Pensions (Polish Forces) Scheme 1964 , (hereinafter referred to as “the Scheme”) and shall come into force on 27th March 2002.
Extension of the Scheme
2
For the purposes of Article 14(1) of the Scheme (duration of the Scheme) the extended period of five years from and including 27th March 2002 is hereby specified, and accordingly payments under the Scheme shall be limited to such as fall due for payment before 27th March 2007.
Signed by authority of the Secretary of State for Defence.
Lewis Moonie
Parliamentary Under-Secretary of State Ministry of Defence
8th March 2002
We consent
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Controlled Foreign Companies (Excluded Countries) (Amendment) Regulations 2002 and shall come into force on 1st October 2002.
2
These Regulations have effect in relation to accounting periods beginning on or after 1st October 2002.
Amendment of regulation 7 of the Controlled Foreign Companies (Excluded Countries) Regulations 1998
2
1
Amend regulation 7 of the Controlled Foreign Companies (Excluded Countries) Regulations 1998 as follows.
2
In paragraph (3)(b)(i) for the words from “would be” to “company” substitute “is a derivative contract”.
3
Omit paragraph (8).
Nick Montagu
Ann Chant
Two of the Commissioners of Inland Revenue
24th July 2002


text:
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 2002 and shall come into force on 28th October 2002.
2
The Statistics of Trade (Customs and Excise) Regulations 1992 shall be amended in accordance with regulation 3 below.
3
1
For regulation 3(2)(b) there shall be substituted the following —
b
no later than the last day of the month following the end of the reference period to which the supplementary declaration relates.
.
2
In regulation 3(3) —
a
the words “paragraph 2(b)(i) above and” shall be deleted; and
b
for “references” there shall be substituted “reference”.
3
Regulation 3(4) shall be deleted.
4
In paragraphs (6) and (7) of regulation 4, for “£12,500,000” there shall be substituted “£13,500,000”.
4
The Statistics of Trade (Customs and Excise) (Amendment) Regulations 2001 are hereby revoked.
Mike Eland
Commissioner of Customs and Excise
New King’s Beam House,
London
2nd October 2002


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Local Pharmaceutical Services Etc.) Regulations 2002 and shall come into force on 12th December 2002.
2
These Regulations apply to England only , except regulation 15, which applies to England and Wales.
3
In these Regulations —
“ the Act ” means the National Health Service Act 1977; and
“the 2001 Act ” means the Health and Social Care Act 2001.
PART I
AMENDMENT OF THE NATIONAL HEALTH SERVICE (PHARMACEUTICAL SERVICES) REGULATIONS 1992
Amendment of the National Health Service (Pharmaceutical Services) Regulations 1992
2
The National Health Service (Pharmaceutical Services) Regulations 1992 , which in this Part are referred to as the principal Regulations, are amended in accordance with the following provisions of this Part.
Amendment of regulation 2
3
In regulation 2 (interpretation), in paragraph (1) —
a
in the definition of “chemist”, after ““chemist”” insert “(except in the expression “ LPS chemist”)”;
b
in the definition of “Local Dental Committee”, for “general dental services in a locality;” substitute “general dental services or personal dental services in an area; and in this definition, “personal dental services” has the meaning assigned to it in section 1(8) of the 1997 Act ;”;
c
in the definition of “Local Medical Committee”, after “general medical services” insert “or personal medical services”;
d
in the definition of “Local Pharmaceutical Committee”, after “pharmaceutical services” insert “or local pharmaceutical services”;
e
after the definition of “locality”, insert —
“LPS chemist” means —
a registered pharmacist,
a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968 , or
a supplier of appliances,
who provides local pharmaceutical services under a pharmacy pilot scheme;
;
f
for the definition of “pharmacy” substitute —
“pharmacy” means any premises where drugs are provided by a registered pharmacist —
as part of pharmaceutical services under section 41 of the Act; or
in accordance with a pharmacy pilot scheme —
where the range of local pharmaceutical services provided under that scheme is the same or comparable to the range of pharmaceutical services provided by a pharmacy falling within paragraph (a) of this definition, and
where the local pharmaceutical services provided under that scheme are provided at the same or similar hours as pharmaceutical services provided by a pharmacy falling within paragraph (a) of this definition;
;
g
in the definition of “pilot scheme”, after “pilot scheme” insert “(except in the expression “pharmacy pilot scheme”)”; and
h
in the definition of “prescription form”, after “obtain pharmaceutical services” insert “or local pharmaceutical services”.
Amendment of regulation 2A
4
In regulation 2A (electronic prescription forms), in paragraph (2)(c)(i) and (ii), after “the chemist” insert “or LPS chemist”.
Amendment of regulation 4
5
In regulation 4 (pharmaceutical lists), in paragraph (4), at the end insert “; and if, in the neighbourhood in which the premises named in the application are located, any local pharmaceutical services are provided under a pharmacy pilot scheme which are of the same description as any pharmaceutical services specified in the application, those local pharmaceutical services shall be treated, for the purposes of this paragraph, as if they were pharmaceutical services being provided by persons included in the pharmaceutical list.”.
Amendment of regulation 5
6
In regulation 5 (notification of applications) —
a
in paragraph (1), after sub-paragraph (c) insert —
ca
any LPS chemist whose interests might, in the opinion of the Primary Care Trust, be significantly affected if the application were granted;
; and
b
in paragraph (2), after paragraph (c) insert —
and
d
any LPS chemist whose interests might, in the opinion of that Primary Care Trust, be significantly affected if the application were granted,
.
Amendment of regulation 6
7
In regulation 6 (determination of applications) —
a
in paragraph (1), for sub-paragraph (a) substitute —
a
whether or not the following services are already provided by persons in the neighbourhood in which the premises named in the application are located —
i
any pharmaceutical services specified in the application provided by persons included in a pharmaceutical list, or
ii
any local pharmaceutical services provided under a pharmacy pilot scheme which are of the same description as any pharmaceutical services specified in the application;
; and
b
for paragraph (6) substitute —
6
No person —
a
who provides or assists in providing general medical services or pharmaceutical services under Part II of the Act;
b
who is a pilot scheme provider, or a director, officer or employee of a pilot scheme provider, or who performs or assists in performing personal medical services under a pilot scheme; or
c
who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or a director, officer or employee of such a person, or who provides or assists in providing local pharmaceutical services under a pharmacy pilot scheme, shall take part in any decision under this regulation.
.
Amendment of regulation 7
8
In regulation 7 (notification of decisions) —
a
in paragraph (1)(a), after head (ii) insert —
iia
any LPS chemist whose interests might, in the opinion of the Primary Care Trust, be significantly affected by the decision,
; and
b
in paragraph (2), after sub-paragraph (c) insert —
and
d
any LPS chemist whose interests might, in the opinion of that Primary Care Trust, be significantly affected by the decision,
.
Amendment of regulation 8
9
In regulation 8 (appeals) —
a
in paragraph (1), for “regulation 7(1)(a)(ii) or regulation 7(2)(c)” substitute “regulation 7(1)(a)(ii) or (iia) or regulation 7(2)(c) or (d)”; and
b
in paragraph (2)(b)(i), for “regulation 5(1)(c) or regulation 5(2)(c)” substitute “regulation 5(1)(c) or (ca) or regulation 5(2)(c) or (d)”.
Amendment of regulation 9
10
In regulation 9 (determination of controlled locality) —
a
in paragraph (5), after “doctor or chemist” insert “or LPS chemist”; and
b
in paragraphs (6) and (7), for “or pharmaceutical services by any chemist” substitute “pharmaceutical services by any chemist, or local pharmaceutical services by any LPS chemist”.
Amendment of regulation 11
11
In regulation 11 (applications for inclusion in pharmaceutical lists in respect of controlled localities) —
a
in paragraph (1)(b), after “pharmaceutical services”, insert “, local pharmaceutical services”; and
b
in paragraph (2)(b), after “pharmaceutical services”, insert “, local pharmaceutical services”.
Amendment of regulation 12
12
In regulation 12 (determination of applications in respect of controlled localities) —
a
in paragraph (1)(c), after “of the Health Authority or Primary Care Trust”, insert “, or who provides local pharmaceutical services under a pharmacy pilot scheme entered into by that Primary Care Trust,”;
b
for paragraph (1)(d) substitute —
d
any other Primary Care Trust or Health Authority —
i
in whose medical list or pharmaceutical list, or in Part 2 of whose dispensing doctor list, is included the name of a person who, in the opinion of the Primary Care Trust, might be so affected, or
ii
which has entered into a pharmacy pilot scheme under which local pharmaceutical services are provided by a person who, in the opinion of the Primary Care Trust, might be so affected; and
;
c
in paragraph (2)(c), after “dispensing doctor list”, insert “, or who provides local pharmaceutical services under a pharmacy pilot scheme entered into by that Primary Care Trust,”;
d
after paragraph (4) insert —
4A
Subject to regulation 6A, in considering any application to which regulation 4(4) applies, a Primary Care Trust shall have regard in particular to —
a
whether or not the following services are already provided by persons in the neighbourhood in which the premises named in the application are located —
i
any pharmaceutical services specified in the application provided by persons included in a pharmaceutical list, or
ii
any local pharmaceutical services provided under a pharmacy pilot scheme which are of the same description as any pharmaceutical services specified in the application;
b
any information available to the Primary Care Trust which, in its opinion, is relevant to the consideration of the application; and
c
any representations received by the Primary Care Trust under paragraph (3) or (4).
;
e
for paragraph (10) substitute —
10
No person —
a
who provides or assists in providing general medical services or pharmaceutical services under Part II of the Act;
b
who is a pilot scheme provider, or a director, officer or employee of a pilot scheme provider, or who performs or assists in performing personal medical services under a pilot scheme; or
c
who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or a director, officer or employee of such a person, or who provides or assists in providing local pharmaceutical services under a pharmacy pilot scheme, shall take part in any decision under this regulation.
;
f
in paragraph (13)(a), after “dispensing services” insert “, local pharmaceutical services”;
g
in paragraph (13)(c), after “dispensing services” insert “, local pharmaceutical services”;
h
in paragraph (14), for “pharmaceutical services by any chemist” substitute “pharmaceutical services by any chemist or local pharmaceutical services by any LPS chemist”; and
i
in paragraph (15), for “pharmaceutical services by any chemist” substitute “pharmaceutical services by any chemist or local pharmaceutical services by any LPS chemist”.
Amendment of regulation 13
13
In regulation 13 (appeals in connection with determinations under regulation 12), in paragraph (2), for sub-paragraph (a) substitute —
a
in the case of an appeal against a determination under regulation 12 —
i
the applicant,
ii
any person whose name is included in the medical list, pharmaceutical list, or Part 2 of the dispensing doctor list of the Primary Care Trust or any other Primary Care Trust or Health Authority to which a copy of the application was sent under regulation 12(1)(d),
iii
any person to whom a copy of the application was sent under regulation 12(2A), or
iv
any person who provides local pharmaceutical services under a pharmacy pilot scheme entered into by the Primary Care Trust or any other Primary Care Trust to which a copy of the application was sent under regulation 12(1)(d),
but in the case of a person specified in heads (ii), (iii) or (iv) above, that person may make an appeal only if he has submitted evidence pursuant to regulation 12(3) in connection with the application; and
.
Amendment of Schedule 2
14
In Part II of Schedule 2 (terms of service for chemists), in paragraph 4 —
a
after sub-paragraph (2) insert —
2A
In this paragraph, where a Primary Care Trust must satisfy itself as to whether the needs of persons in the neighbourhood for pharmaceutical services are being met, a Primary Care Trust shall treat any local pharmaceutical services being provided in that neighbourhood at the days and times in question as if they were pharmaceutical services being so provided.
;
b
in sub-paragraph (13), after head (b) insert —
c
at times when the premises are not open, a notice, where practicable legible from outside the premises, specifying the addresses of LPS chemists in the neighbourhood, the type of local pharmaceutical services which those LPS chemists provide, and the times at which their premises are open.
;
c
in sub-paragraph (14) —
i
after “included in the pharmaceutical list” insert “or LPS chemists”,
ii
after “they are required” insert “(or, in the case of LPS chemists, have undertaken)”, and
iii
at the end insert “or local pharmaceutical services, and, in the case of LPS chemists, of the type of local pharmaceutical services which they provide.”; and
d
in sub-paragraph (15) —
i
after “one or more chemists” insert “or LPS chemists”,
ii
after “pharmaceutical services” insert “or local pharmaceutical services”, and
iii
at the end insert “; but a chemist may make an arrangement with an LPS chemist under this sub-paragraph only where that LPS chemist provides local pharmaceutical services which are of a similar description and extent as the pharmaceutical services which he would ordinarily provide.”.
Further amendment of the principal Regulations
15
In the provisions of the principal Regulations specified in the Schedule —
a
for “an Health Authority or Primary Care Trust”, in each place where it occurs, there is substituted “a Health Authority or Primary Care Trust”; and
b
for “an Health Authority’s or Primary Care Trust's”, in each place where it occurs, there is substituted “a Health Authority’s or Primary Care Trust's”.
PART II
MODIFICATION OF THE NATIONAL HEALTH SERVICE ACT 1977 AND OTHER ENACTMENTS
Duty of Primary Care Trust in relation to local pharmaceutical services
16
In section 15 of the Act (duty of Primary Care Trust and Health Authority in relation to family health services), after subsection (1ZB) insert —
1ZC
It is the duty of each Primary Care Trust —
a
in making LPS arrangements to establish and operate, in accordance with directions given by the Secretary of State under section 17 by virtue of section 36(2) of the Health and Social Care Act 2001, procedures for dealing with complaints about the provision of local pharmaceutical services in accordance with those arrangements, and
b
in accordance with regulations, to perform such other functions in relation to those arrangements as may be prescribed.
1ZD
Regulations under subsection (1ZC)(b) may, in particular, prescribe functions in relation to training.
.
Supply of goods and services by the Secretary of State
17
In section 26 of the Act (supply of goods and services by Secretary of State) —
a
in subsection (2), after paragraph (b) insert —
or
c
providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part,
; and
b
in subsection (4) —
i
at the end of paragraph (aa), repeal “and”, and
ii
after paragraph (aa) insert —
ab
persons providing, in accordance with LPS arrangements, local pharmaceutical services or other services of a kind that may be provided under this Part, and
.
Use of accommodation
18
In section 28I of the Act (use of accommodation), for the words from “the provision” to “he may”, substitute —
a
the provision of personal medical services or personal dental services in accordance with section 28C arrangements, or
b
the provision of local pharmaceutical services in accordance with LPS arrangements, he may
.
Recognition of Local Pharmaceutical Committees
19
In section 44 of the Act (recognition of local representative committees) —
a
in subsection (B2), for paragraph (b) substitute —
b
of —
i
the persons providing pharmaceutical services from premises in the Primary Care Trust’s area, or
ii
the persons mentioned in sub-paragraph (i) above and the persons providing local pharmaceutical services in the Primary Care Trust’s area,
; and
b
in subsection (3), after paragraph (d) insert —
e
is a person providing local pharmaceutical services in the area of a Primary Care Trust if he provides such services in accordance with LPS arrangements made by the Primary Care Trust (whether with himself or another).
.
Functions of Local Pharmaceutical Committees
20
In section 45 of the Act (functions of local representative committees) —
a
in subsection (1ZA), after paragraph (a) insert —
or
aa
Primary Care Trusts, in the exercise of any of their functions which relate to LPS arrangements, to consult committees recognised by them under section 44(B2)(b)(ii) above, or
;
b
in subsection (1C) —
i
for “or (B1)(b) or (c)”, substitute “, (B1)(b) or (c) or (B2)(b)(ii)”, and
ii
after paragraph (d) insert —
e
in the case of a committee recognised under subsection (B2)(b)(ii) of that section, to the persons providing local pharmaceutical services in the Primary Care Trust’s area.
; and
c
in subsection (4), for “or section 28C dental practitioners,”, substitute “, section 28C dental practitioners or persons providing local pharmaceutical services,”.
Default powers
21
In section 85(1) of the Act, references to functions conferred or imposed by or under the Act are to be construed as including references to functions conferred or imposed by or under the 2001 Act in relation to pilot schemes established under section 28 of that Act; and references to regulations and directions are accordingly to be construed as including regulations or directions under the 2001 Act.
Emergency powers
22
In section 86 of the Act, the reference to a function conferred by virtue of the Act is to be construed as including a reference to a function conferred by virtue of the 2001 Act in relation to pilot schemes established under section 28 of that Act.
Special arrangement as to payment of remuneration
23
In section 103 of the Act (special arrangement as to payment of remuneration), in subsection (1)(a), after “section 28C arrangements” insert “or LPS arrangements”.
Insertion of definitions of “local pharmaceutical services” and “LPS arrangements”
24
In section 128(1) of the Act (interpretation and construction), after the definition of “local education authority”, insert —
“local pharmaceutical services” means such services of a kind which may be provided under section 41 or by virtue of section 41A (except the provision of drugs, medicines or listed appliances by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1)) as are prescribed by regulations under section 28 of the Health and Social Care Act 2001 ;
“LPS arrangements” means arrangements made under a pilot scheme established under section 28 of the Health and Social Care Act 2001;
.
Charges for the supply of drugs to treat venereal disease
25
In Schedule 12 to the Act (additional provisions as to regulations for the making and recovery of charges), in paragraph 1(1)(b), after “section 28C arrangements” insert “or LPS arrangements”.
Health Service Commissioner for England
26
In the Health Service Commissioners Act 1993 , in section 2A , in subsection (1) —
a
at the end of paragraph (b), repeal “or”; and
b
after paragraph (c) insert —
or
d
individuals providing in England local pharmaceutical services in accordance with arrangements made under a pilot scheme established under section 28 of the Health and Social Care Act 2001 (except as employees of, or otherwise on behalf of, a health service body or an independent provider).
.
Commission for Health Improvement
27
In the Health Act 1999 , in section 20 (functions of the Commission for Health Improvement), in subsection (7), in the definition of “service provider”, after paragraph (b) insert —
or
c
in accordance with arrangements under section 28 of the Health and Social Care Act 2001,
.
PART III
FURTHER CONSEQUENTIAL AMENDMENTS AND MISCELLANEOUS PROVISIONS
Amendment of the National Health Service (Payment of Remuneration — Special Arrangement) Order 1988
28
In the National Health Service (Payment of Remuneration — Special Arrangement) Order 1988 , in article 2 (functions conferred on District and Special Health Authorities), after “pharmaceutical services” insert “or local pharmaceutical services”.
Amendment of the Prescription Pricing Authority Constitution Order 1990
29
In the Prescription Pricing Authority Constitution Order 1990 —
a
in article 4 (functions of the Pricing Authority), in paragraph (2), after “pharmaceutical services” insert “or local pharmaceutical services.”; and
b
in article 5 (constitution of the Pricing Authority) —
i
in paragraph (b), after “general medical services” insert “or personal medical services;”, and
ii
in paragraph (c), after “pharmaceutical services” insert “or local pharmaceutical services;”.
Amendment of the National Health Service Trusts (Membership and Procedure) Regulations 1990
30
In the National Health Service Trusts (Membership and Procedure) Regulations 1990 , in regulation 1(2) (interpretation), in the definition of “health service body”, at the end of paragraph (a) insert —
or a PHS body as defined in section 33(6) of the Health and Social Care Act 2001;
.
Amendment of the National Health Service (General Medical Services) Regulations 1992
31
1
The National Health Service (General Medical Services) Regulations 1992 are amended as follows.
2
In regulation 2 (interpretation), for the definition of “chemist” substitute —
“chemist” means —
a registered pharmacist;
a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968; or
a supplier of appliances,
who is included in the list of a Primary Care Trust or Health Authority under section 42 of the Act, or who provides local pharmaceutical services in accordance with LPS arrangements;
.
3
In regulation 36 (determination of question whether a substance is a drug, and recovery of cost), in paragraphs (1), (7)(b), (8) and (17), after “pharmaceutical services” insert “or local pharmaceutical services”.
4
In Schedule 2 (terms of service for doctors) —
a
in paragraph 1 (interpretation), in the definition of “prescription form”, after “pharmaceutical services” insert “or local pharmaceutical services”;
b
in paragraph 44 —
i
in sub-paragraph (1), after “Schedule 10 to these Regulations” insert “(whether for supply as part of pharmaceutical services or local pharmaceutical services)”, and
ii
in sub-paragraph (2), after “Schedule 11 to these Regulations” insert “(whether for supply as part of pharmaceutical services or local pharmaceutical services)”; and
c
in paragraph 45(3), after “pharmaceutical services” insert “or local pharmaceutical services”.
Amendment of the National Health Service Litigation Authority Regulations 1995
32
In the National Health Service Litigation Authority Regulations 1995 , in regulation 1(2) (interpretation), in the definition of “health service body”, at the end insert —
or a PHS body as defined in section 33(6) of the Health and Social Care Act 2001;
.
Amendment of the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000
33
In the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 —
a
in regulation 1(2) (interpretation), in the definition of “health service body”, at the end of paragraph (a) insert —
or a PHS body as defined in section 33(6) of the Health and Social Care Act 2001;
; and
b
in regulation 5 (disqualification for appointment: chairman and non-officer members), in paragraph (1) —
i
in sub-paragraph (g), after paragraph (i) insert —
ia
providing, or assisting in the provision of, local pharmaceutical services in accordance with LPS arrangements;
, and
ii
in sub-paragraph (i), after “pilot scheme health service body” insert “or a PHS body as defined in section 33(6) of the Health and Social Care Act 2001”.
Amendment of the Commission for Health Improvement (Functions) Regulations 2000
34
In the Commission for Health Improvement (Functions) Regulations 2000 , in regulation 1(4) (interpretation), in the definition of “service provider”, after sub-paragraph (b) insert —
or
c
provides local pharmaceutical services in accordance with a pilot scheme established under section 28 of the Health and Social Care Act 2001.
.
Amendment of the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000
35
In the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000 , in regulation 2 (interpretation), in paragraph (1), in the definition of “supply”, after sub-paragraph (c) insert —
or to enable that person to provide local pharmaceutical services (services of a kind which may be provided under section 41 of the National Health Service Act 1977 or by virtue of section 41A of that Act, except such services provided by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1) of that Act), provided under a pilot scheme established under section 28 of the Health and Social Care Act 2001.
.
Amendment of the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001
36
In the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001 , in regulation 2 (interpretation), in paragraph (1), in the definition of “supply”, after sub-paragraph (c) insert —
or to enable that person to provide local pharmaceutical services (services of a kind which may be provided under section 41 of the National Health Service Act 1977 or by virtue of section 41A of that Act, except such services provided by a medical practitioner or dental practitioner to a patient of his pursuant to arrangements made by virtue of section 43(1) of that Act), provided under a pilot scheme established under section 28 of the Health and Social Care Act 2001.
.
Amendment of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002
37
In the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 , after regulation 7 (requests to Health Authorities for preparation of proposals), insert —
Consultation on proposals
7A
Where, pursuant to directions given by the Secretary of State under paragraph 2(4) of Schedule 2 to the Act, a Local Pharmaceutical Committee is, prior to submission of proposals for a pilot scheme, consulted by the Primary Care Trust for whose area the Committee was formed, it shall be a function of the Committee to —
a
consider the effect of the proposals on the provision of pharmaceutical services in that area; and
b
in the light of the conclusions which the Committee reaches as a result of that consideration, give advice to the Primary Care Trust about that effect.
.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under-Secretary of State
Department of Health
19th November 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 4) Regulations 2002 and shall come into force on 17th December 2002.
Amendment of the Social Security (Contributions) Regulations 2001
2
Amend the Social Security (Contributions) Regulations 2001 as follows.
3
1
In regulation 43(1)(e) for “invalid care allowance” substitute “carer’s allowance”.
2
Paragraph (1) shall have effect from 1st April 2003.
4
In Part 10 of Schedule 3 —
a
in paragraph 1(1) for “15” substitute “16”;
b
at the end add —
Student loans
16
1
A payment made in accordance with Regulations made under section 186 of the Education Act 2002 in respect of the repayment, reduction or extinguishing of the amounts payable in respect of a loan.
2
A payment for the purpose of discharging any liability of the earner to income tax for any tax year where the income tax in question is tax chargeable in respect of —
a
the payment referred to in paragraph (1), or
b
the payment made for the purpose of discharging the income tax liability itself.
.
Jim Fitzpatrick
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
26th November 2002
The Secretary of State hereby concurs
Maria Eagle
24th November 2002
Parliamentary Under-Secretary of state,
Department for Work and Pensions


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Sunderland) Order 2002 and shall come into force on 3rd February 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the City of Sunderland with the exception of the following roads:
a
the A194(M) road, including its on and off slip roads, for the whole of its length in the City; and
b
the A19 trunk road, including its on and off slip roads, for the whole of its length in the City.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
21st December 2002


text:
1
These Regulations may be cited as the Gas (Connection Charges) (Amendment) Regulations 2002 and shall come into force on 1st July 2002.
2
In regulation 3(a) of the Gas (Connection Charges) Regulations 2001 for “five” there shall be substituted “twenty”.
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
R. A. M. Ramsay,
A member of the Authority
17th May 2002
I consent
Brian Wilson,
Minister of State for Industry and Energy,
Department of Trade and Industry
9th June 2002


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (School Information) (England) (Amendment) Regulations 2002 and shall come into force on 16th May 2002.
Amendment of the Education (School Information) (England) Regulations 1998
2
The Education (School Information) (England) Regulations 1998 shall be amended in accordance with regulations 3 to 10 of these Regulations.
3
1
In regulation 3(1) (Interpretation), after the definition of “the 1998 Act” the following definition shall be inserted:
“the 2000 Act ” means the Learning and Skills Act 2000;
2
In regulation 3(1), in the definition of “ GCE ‘A’ level examinations” and “GCE ‘AS’ examinations”, after “supplementary”, the words “, or advanced subsidiary,” shall be inserted.
3
In regulation 3(1), after the definition of “ GNVQ ” the following definition shall be inserted:
“IT Key Skills Unit” means a qualification known as such and approved by the Secretary of State under section 98 of the 2000 Act for the purpose of section 96 of that Act;
.
4
In regulation 3(1), after the definition of “unit”, the word “and” shall be omitted and the following definitions shall be inserted:
“ VCE ” means a vocational certificate of education known as such and accredited by the Qualifications and Curriculum Authority in accordance with its functions set out in section 24(2) of the Education Act 1997;
“vocationally-related qualification” means a qualification know as such and accredited by the Qualifications and Curriculum Authority in accordance with its functions set out in section 24(2) of the Education Act 1997; and
.
4
1
In sub-paragraph (14)(b) of regulation 9 (Determination of examination results particulars and equivalency between GCSE examinations and vocational qualifications), the words “achieves grade N or” shall be omitted.
2
In sub-paragraph (16) of regulation 9, the words after “namely” shall be omitted and the following substituted:
VCE ‘A’ level double award: grade AA = 240 points; grade AB = 220 points; grade BB = 200 points; grade BC = 180 points; grade CC = 160 points; grade CD = 140 points; grade DD = 120 points; grade DE = 100 points; and grade EE = 80 points;
GCE/VCE ‘A level’: grade A = 120 points; grade B = 100 points; grade C = 80 points; grade D = 60 points; and grade E = 40 points;
GCE/VCE ‘AS’ level: grade A = 60 points; grade B = 50 points; grade C = 40 points; grade D = 30 points; and grade E = 20 points.
.
5
1
Sub-paragraph (2)(a) of regulation 11 (Publication of school prospectuses) shall be omitted and the following substituted —
a
such information shall be published in a single document and be identified as the school prospectus and may be combined with any other document whose preparation by the governing body is required by or under any enactment; and
.
2
In regulation 11(3) the words “a primary school (other than a middle school deemed to be a primary school) or of” shall be omitted.
6
In paragraph 6 of Schedule 2 (Information to be published by Governing Bodies), the words “regulations 2 to 4 of the Education (Special Educational Needs) (Information) Regulations 1994” shall be omitted and the following substituted —
regulation 3 of the Education (Special Educational Needs) (Information) Regulations 1999, a description of any significant changes to that policy during the reporting school year and a statement on the success of the governing body in implementing that policy
.
7
In paragraphs 9, 10 and 11 of Schedule 2, the word “ten” on each occasion that it appears shall be replaced with the word “eleven”.
8
1
In paragraph 12(1)(c) of Schedule 2, sub-paragraphs (i) to (iv) shall be omitted and the following substituted —
i
units of a Part One GNVQ, an Intermediate GNVQ or a Foundation GNVQ approved by the Secretary of State under section 98 of the 2000 Act for the purpose of section 96 of that Act;
ii
units of a National Vocational Qualification or a vocationally-related qualification approved by the Secretary of State under section 98 of the 2000 Act for the purpose of section 96 of that Act; or
iii
an IT Key Skills unit;
2
In paragraph 12(1)(d) of Schedule 2, sub-paragraph (iv) shall be omitted and the following substituted —
iv
achieved, as the case may be, units of a Part One GNVQ, an Intermediate GNVQ or a Foundation GNVQ, a National Vocational Qualification (or all units studied for in relation to it) or an IT Key Skills Unit, which they were registered for or studying towards;
.
3
In paragraph 12(1)(e) of Schedule 2, sub-paragraph (i) shall be omitted and the following substituted —
i
were entered for a GCSE examination or were registered for or studying towards a Part One GNVQ, an Intermediate GNVQ or a Foundation GNVQ, in one or more subjects;
.
4
In paragraph 12(1) of Schedule 2, sub-paragraphs (f) and (g) shall be omitted and the following substituted —
f
the total number of pupils who during the reporting school year were registered for or studying towards units of a Part One GNVQ, an Intermediate GNVQ or a Foundation GNVQ, a National Vocational Qualification (or units of such a qualification) or an IT Key Skills Unit; and
g
the percentage of the pupils mentioned in sub-paragraph (f) who, during the reporting school year, achieved, as the case may be, all units of the Part One GNVQ, the Intermediate GNVQ or the Foundation GNVQ, a National Vocational Qualification (or all units of such a qualification) or an IT Key Skills Unit which they were registered for or studying towards.
.
9
Paragraph 13 of Schedule 2 shall be omitted and the following substituted —
13
In the case of a school with registered pupils aged 16, 17 or 18 which is reporting results for the reporting school year 2001–2002 or any subsequent reporting school year —
a
the number of registered pupils aged 17 or 18 who during the reporting school year or the previous reporting school year were entered for any GCE or VCE ‘A’ level examination or GCE or VCE ‘AS’ examination or VCE double award examination;
b
the percentage of the pupils mentioned in sub-paragraph (a) whose point scores resulting from such examinations fell within the following ranges: 0–60 points; 61–119 points; 120–180 points; 181–239 points; 240–300 points; 301–359 points; 360 points or more;
c
the average point score of the pupils mentioned in sub-paragraph (a);
d
the number of registered pupils aged 16, 17 or 18 who during the reporting school year were entered for the International Baccalaureate Diploma;
e
the percentage of the pupils mentioned in sub-paragraph (d) who achieved that qualification;
f
subject by subject the number of pupils aged 17 or 18 who during the reporting school year —
i
achieved each grade from A to E at GCE or VCE ‘A’ level and ‘AS’ examinations or VCE double award examinations;
ii
were entered for and attempted such a GCE or VCE ‘A’ level or ‘AS’ examination or VCE double award examination but failed to achieve a grade;
iii
were entered for such an examination but did not attempt it;
g
the number of registered pupils aged 16, 17 or 18 who during the reporting school year were in the final year of study of a course leading to a National Vocational Qualification or a vocationally-related qualification, or units of such a qualification, approved for all pupils aged 16, 17 or 18 by the Secretary of State under section 98 of the 2000 Act for the purpose of section 96 of that Act;
h
the percentage of the pupils mentioned in sub-paragraph (g) achieving each of those qualifications wholly or partly on the basis of work done in that school year; and
i
subject by subject, the number of registered pupils aged 16, 17 or 18 who during the reporting school year were in the final year of study of a course leading to a National Vocational Qualification or a vocationally-related qualification, or units of such a qualification, approved by the Secretary of State under section 98 of the 2000 Act for the purpose of section 96 of that Act.
.
10
In paragraph 2 of Schedule 3 the words “the Diploma and the Initial Awards referred to in paragraph 12(1)(c) of Schedule 2,” shall be omitted.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
24th April 2002