text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security, Statutory Maternity Pay and Statutory Sick Pay (Miscellaneous Amendments) Regulations 2002 and shall come into force —
a
except for the purposes of regulations 3, 4(b), 5(b), 10(2), 14(b) and 16, on 24th November 2002;
b
for the purposes of regulation 3, on 6th April 2003;
c
for the purposes of regulations 4(b), 5(b), 10(2), 14(b) and 16 on the date on which Chapter 1 of Part 1 of the Employment Act 2002 comes into force.
2
These Regulations, (except for regulations 3,5,6,10,14 and 16), shall take effect only in respect of those women whose expected week of confinement commences on or after 6th April 2003.
3
In these Regulations —
“the Social Security (Incapacity Benefit) Regulations ” means the Social Security (Incapacity Benefit) Regulations 1994 ;
“the Social Security (Maternity Allowance) Regulations ” means the Social Security (Maternity Allowance) Regulations 1987 ;
“the Social Security (Maternity Allowance) (Earnings) Regulations ” means the Social Security (Maternity Allowance)(Earnings) Regulations 2000 ;
“the Statutory Maternity Pay (General) Regulations ” means the Statutory Maternity Pay (General) Regulations 1986 ;
“the Statutory Maternity Pay (National Health Service Employees) Regulations ” means the Statutory Maternity Pay (National Health Service Employees) Regulations 1991 ;
“the Statutory Sick Pay (General) Regulations ” means the Statutory Sick Pay (General) Regulations 1982 .
Amendment of regulation 2 of the Statutory Maternity Pay (General) Regulations
2
1
Regulation 2 of the Statutory Maternity Pay (General) Regulations (the Maternity Pay Period) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
Subject to paragraphs (3) to (6), where a woman gives notice to her employer of the date from which she expects his liability to pay her statutory maternity pay to begin and in conformity with that notice ceases to work for him in a week which is later than the 12th week before the expected week of confinement, then the first week in the maternity pay period shall be the week following the week in which she ceased to work, or the week immediately following the week in which she is confined, whichever is the earlier.
.
3
In paragraph (2) for the words “18 consecutive weeks” there shall be substituted the words “26 consecutive weeks”.
4
In paragraph (3) for the words “shall be the week after the week in which she is confined” there shall be substituted the words “shall be the week commencing on the day after the day on which she is confined”.
5
For paragraph (4) there shall be substituted the following paragraph —
4
Subject to paragraph (6) where a woman is absent from work wholly or partly because of pregnancy or confinement on any day which falls on or after the beginning of the 4th week before the expected week of confinement, but not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week beginning on the day following the day on which she is so absent.
.
6
Paragraph (5) shall be omitted.
7
For paragraph (6) there shall be substituted the following paragraph —
6
In a case where a woman leaves her employment at any time falling after the beginning of the 11th week before the expected week of confinement and before the start of the maternity pay period but not later than the week immediately following the week in which she is confined, the first week of the maternity pay period shall be the week after the week in which her employment ends.
.
8
After paragraph (6) there shall be added the following paragraph —
7
“week” for the purposes of a maternity pay period which falls within paragraphs (3) or (4) above means a period of 7 consecutive days.
.
Substitution of regulation 6 of the Statutory Maternity Pay (General) Regulations
3
For regulation 6 of the Statutory Maternity Pay (General) Regulations (lower rate of statutory maternity pay) there shall be substituted the following regulation —
Prescribed rate of statutory maternity pay
6
The rate of statutory maternity pay prescribed under section 166(1)(b) of the Contributions and Benefits Act is a weekly rate of £100.00.
.
Amendment of regulation 11(1) of the Statutory Maternity Pay (General) Regulations
4
In regulation 11(1) of the Statutory Maternity Pay (General) Regulations (continuous employment) —
a
in sub-paragraph (d) after the words “pregnancy or confinement,” there shall be added the word “or”;
b
after sub-paragraph (d) there shall be added the following sub-paragraph —
e
absent from work in consequence of taking paternity leave, adoption leave or parental leave under Part 8 of the Employment Rights Act 1996,
.
Amendment of regulation 20(4) of the Statutory Maternity Pay (General) Regulations
5
In regulation 20(4) of the Statutory Maternity Pay (General) Regulations (meaning of “earnings”) —
a
for the words “section 50(3) of the 1986 Act” there shall be substituted the words “section 171(4) of the Contributions and Benefits Act”;
b
after sub-paragraph (d) there shall be added the following sub-paragraphs —
e
any sum payable by way of statutory maternity pay, including sums payable in accordance with regulations made under section 164(9)(b) of the Contributions and Benefits Act ;
f
any sum payable by way of statutory paternity pay, including sums payable in accordance with regulations made under section 171ZD(3) of the Contributions and Benefits Act ;
g
any sum payable by way of statutory adoption pay, including sums payable in accordance with regulations made under section 171ZM(3) of the Contributions and Benefits Act .
.
Revocation of regulation 21A of the Statutory Maternity Pay (General) Regulations
6
Regulation 21A of the Statutory Maternity Pay (General) Regulations (effect of statutory maternity pay on incapacity benefit) is hereby revoked.
Amendment of regulation 23 of the Statutory Maternity Pay (General) Regulations
7
1
Regulation 23 of the Statutory Maternity Pay (General) Regulations (notice of absence from work) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
in sub-paragraph (a) for the words “that her absence from work with him is wholly because of her confinement” there shall be substituted the words “of the date on which she was confined”;
b
in sub-paragraph (b) for the words “21 days” there shall be substituted the words “28 days”.
3
In paragraph (2) —
a
in sub-paragraph (a) the words “wholly or partly because of pregnancy or confinement” shall be omitted;
b
in sub-paragraph (b) for the words “21 days” there shall be substituted the words “28 days”.
4
For paragraph (4) there shall be substituted the following paragraph —
4
Subject to paragraph (5), section 164(4) of the Contributions and Benefits Act (statutory maternity pay-entitlement and liability to pay) shall not have effect in the case of a woman who leaves her employment with the person who will be liable to pay her statutory maternity pay after the beginning of the week immediately preceding the 14th week before the expected week of confinement.
.
Amendment of regulation 25A of the Statutory Maternity Pay (General) Regulations
8
1
Regulation 25A of the Statutory Maternity Pay (General) Regulations (provision of information relating to claims for certain other benefits) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “section 46(4) of the 1986 Act” there shall be substituted the words “section 164(4)(a) or (9)(ea) of the Contributions and Benefits Act ”.
3
In paragraph (3) —
a
the word “either” shall be omitted;
b
the words “or for part of a week within the maternity pay period she was not present in a member State,” shall be omitted.
4
In the paragraph (4)(b) —
a
in head (i) for the words “21 days” there shall be substituted the words “28 days”;
b
in head (ii) the words “or, as the case may be, absence from a member State” shall be omitted.
Amendment of regulation 28 of the Statutory Maternity Pay (General) Regulations
9
In regulation 28 of the Statutory Maternity Pay (General) Regulations (rounding to avoid fractional amounts) for the words “at the higher rate specified in section 48(2) of the 1986 Act” there shall be substituted the words “at the earnings-related rate referred to in section 166(1) of the Contributions and Benefits Act ”.
Amendment of the Social Security (Incapacity Benefit) Regulations
10
1
In the Social Security (Incapacity Benefit) Regulations, after regulation 7 (days of statutory sick pay to be included in days of entitlement to incapacity benefit) there shall be inserted the following regulations —
Effect of statutory maternity pay on incapacity benefit
7A
1
For the purpose of determining a woman’s entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act , a day which falls within the maternity pay period shall, notwithstanding paragraph 1 of Schedule 13 to that Act, be treated as a day of incapacity for work for the purpose of determining whether it forms part of a period of incapacity for work where —
a
on that day she was incapable of work; and
b
that day is not treated under section 30C(3) of the Contributions and Benefits Act as a day which is not a day of incapacity for work; and
c
the day immediately preceding the first day in the maternity pay period falls within either a period of incapacity for work or a period of entitlement to statutory sick pay for the purposes of Part 11 of the Contributions and Benefits Act; and
d
the woman either satisfied the contribution conditions specified for short-term incapacity benefit on the first day of incapacity for work to fall within that period of incapacity for work or would have satisfied those conditions had a claim for short-term incapacity benefit been made on the first or any subsequent day of incapacity for work falling within that period of entitlement.
2
Any day which, by virtue of paragraph (1), forms part of a period of incapacity for work shall be further treated, for the purpose of determining entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act, as being a day on which the woman has been entitled to short-term incapacity benefit.
3
For the purposes of this regulation “period of incapacity for work” has the same meaning as in section 30C(1) of the Contributions and Benefits Act.
4
Where by virtue of paragraph (1) a woman is entitled to short-term incapacity benefit at the higher rate or long-term incapacity benefit for any week (including part of a week) the total amount of such benefit (including any increase for a dependant) payable to her for that week shall be reduced by an amount equivalent to any statutory maternity pay to which she is entitled in accordance with Part 12 of the Contributions and Benefits Act for the same week and only the balance, if any, of the short-term incapacity benefit at the higher rate or long-term incapacity benefit shall be payable to her.
.
2
After that regulation there shall be inserted the following regulation —
Effect of statutory adoption pay on incapacity benefit
7B
1
For the purpose of determining a person’s entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act, a day which falls within the adoption pay period shall, notwithstanding section 171ZP(1) of the Contributions and Benefits Act , be treated as a day of incapacity for work for the purpose of determining whether it forms part of a period of incapacity for work where —
a
on that day he was incapable of work; and
b
that day is not treated under section 30C(3) of the Contributions and Benefits Act as a day which is not a day of incapacity for work; and
c
the day immediately preceding the first day in the adoption pay period falls within either a period of incapacity for work or a period of entitlement to statutory sick pay for the purposes of Part 11 of the Contributions and Benefits Act; and
d
the person either satisfied the contribution conditions specified for short-term incapacity benefit on the first day of incapacity for work to fall within that period of incapacity for work or would have satisfied those conditions had a claim for short-term incapacity benefit been made on the first or any subsequent day of incapacity for work falling within that period of entitlement.
2
Any day which, by virtue of paragraph (1), forms part of a period of incapacity for work shall be further treated, for the purpose of determining entitlement to short-term incapacity benefit at the higher rate or long-term incapacity benefit under section 30A of the Contributions and Benefits Act, as being a day on which the person has been entitled to short-term incapacity benefit.
3
For the purposes of this regulation “period of incapacity for work” has the same meaning as in section 30C(1) of the Contributions and Benefits Act.
4
Where by virtue of paragraph (1) a person is entitled to short-term incapacity benefit at the higher rate or long-term incapacity benefit for any week (including part of a week) the total amount of such benefit (including any increase for a dependant) payable to him for that week shall be reduced by an amount equivalent to any statutory adoption pay to which he is entitled in accordance with Part 12ZB of the Contributions and Benefits Act for the same week and only the balance, if any, of the short-term incapacity benefit at the higher rate or long-term incapacity benefit shall be payable to him.
.
Amendment of regulation 3 of the Statutory Maternity Pay (National Health Service Employees) Regulations
11
In regulation 3 of the Statutory Maternity Pay (National Health Service Employees) Regulations (notification of election) for the words “21 days ” there shall be substituted the words “28 days”.
Amendment of regulation 4 of the Statutory Maternity Pay (National Health Service Employees) Regulations
12
In regulation 4 of the Statutory Maternity Pay (National Health Service Employees) Regulations (provision of information) for the words “21 days” there shall be substituted the words “28 days”.
Amendment of regulation 3 of the Statutory Sick Pay (General) Regulations
13
1
Regulation 3 of the Statutory Sick Pay (General) Regulations (period of entitlement ending or not arising) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (4)(b) for the words “6th week” there shall be substituted the words “4th week”.
3
In paragraph (5)(b) for the words “6th week” there shall be substituted the words “4th week”.
Amendment of regulation 17(3) of the Statutory Sick Pay (General) Regulations
14
In regulation 17(3) of the Statutory Sick Pay (General) Regulations (meaning of “earnings”) —
a
for the words “section 26(2)” there shall be substituted the words “section 163(2) of the Contributions and Benefits Act”;
b
after sub-paragraph (h) there shall be added the following sub-paragraphs —
i
any sum payable by way of statutory paternity pay, including any sums payable in accordance with regulations made under section 171ZD(3) of the Contributions and Benefits Act ;
j
any sum payable by way of statutory adoption pay, including any sums payable in accordance with regulations made under section 171ZM(3) of the Contributions and Benefits Act .
.
Amendment of regulation 3 of the Social Security (Maternity Allowance) Regulations
15
1
Regulation 3 of the Social Security (Maternity Allowance) Regulations (modification of the maternity allowance period) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) for the words “Section 22(2) of the Act” there shall be substituted the words “Section 35(2) of the Social Security Contributions and Benefits Act 1992”.
3
Paragraph (2) shall be omitted.
4
In paragraph (2A) for the words “18 weeks” there shall be substituted the words “26 weeks”.
Amendment of regulation 2(1) of the Social Security (Maternity Allowance) (Earnings) Regulations
16
In regulation 2(1) of the Social Security (Maternity Allowance) (Earnings) Regulations (specified payments for employed earners), after sub-paragraph (e), there shall be added the following sub-paragraphs —
f
any sum payable by way of statutory paternity pay, including any sums payable in accordance with regulations made under section 171ZD(3) of the Contributions and Benefits Act;
g
any sum payable by way of statutory adoption pay, including any sums payable in accordance with regulations made under section 171ZM(3) of the Contributions and Benefits Act.
.
Amendment of regulation 3(a) of the Social Security (Maternity Allowance) (Earnings) Regulations
17
In regulation 3(a) of the Social Security (Maternity Allowance) (Earnings) Regulations (specified payments for self-employed earners) for the words “the lower earnings limit in force” there shall be substituted the words “an amount 90 per cent. of which is equal to the weekly rate prescribed under section 166(1)(b) of the Contributions and Benefits Act that is in force”.
Amendment of regulation 4 of the Social Security (Maternity Allowance) (Earnings) Regulations
18
1
Regulation 4 of the Social Security (Maternity Allowance) (Earnings) Regulations (aggregation of specified payments) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (1) the words “other than one to which regulation 5(2) applies” shall be omitted.
3
Paragraph (2) shall be omitted.
Amendment of regulation 5 of the Social Security (Maternity Allowance) (Earnings) Regulations
19
For regulation 5 of the Social Security (Maternity Allowance) (Earnings) Regulations (the specified period) there shall be substituted the following regulation —
The specified period
5
For the purpose of section 35A(4) and (5) of the Contributions and Benefits Act the specified period shall be the test period.
.
Amendment of regulation 6 of the Social Security (Maternity Allowance) (Earnings) Regulations
20
1
Regulation 6 of the Social Security (Maternity Allowance) (Earnings) Regulations (determination of average weekly amount of specified payments) shall be amended in accordance with the following provisions of this regulation.
2
For paragraph (1) there shall be substituted the following paragraph —
1
For the purpose of section 35A(4) of the Contributions and Benefits Act a woman’s average weekly amount of specified payments shall, subject to paragraph (2) be determined by dividing by 13 the payments made, or treated in accordance with these Regulations as made, to her or for her benefit, in the 13 weeks (whether consecutive or not) falling within the specified period in which such payments are greatest.
.
3
After paragraph (2) there shall be added the following paragraph —
3
Where a woman is normally paid other than weekly, the payments made or treated as made to her or for her benefit for the purposes of paragraph (1) shall be calculated by dividing the payments made to her in any week by the nearest whole number of weeks in the period in respect of which she is paid.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th October 2002
The Treasury hereby concur.
Nick Ainger
Philip Woolas
Two of the Commissioners of Her Majesty’s Treasury
30th October 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No. 2) Regulations 2002.
2
This regulation and regulation 2 shall come into force on 2nd September 2002 and regulation 3 shall come into force in relation to a particular case on the day on which section 43 of the Child Support Act 1991 as substituted by section 21 of the Child Support, Pensions and Social Security Act 2000 (recovery of child support maintenance by deduction from benefit) comes into force for the purposes of that type of case.
Amendment of regulation 28 of the Social Security (Claims and Payments) Regulations 1987
2
In the Social Security (Claims and Payments) Regulations 1987 , regulation 28 (fractional amounts of benefit) shall be renumbered paragraph (1) of regulation 28 and —
a
at the beginning of paragraph (1) there shall be inserted “Subject to paragraph (2),”; and
b
after paragraph (1) there shall be added —
2
Where the amount of any maternity allowance payable would, but for this regulation, include a fraction of a penny, that fraction shall be treated as a penny.
.
Amendment of Schedule 9B to the Social Security (Claims and Payments) Regulations 1987
3
In the Social Security (Claims and Payments) Regulations 1987 , in Schedule 9B (deductions from benefit in respect of child support maintenance and payment to persons with care) —
a
in paragraph 1 (interpretation) in the definition of “maintenance”, before the word “means”, there shall be inserted the words “, except in paragraph 3,”; and
b
in paragraph 3 (arrears), after sub-paragraph (2) there shall be added the following sub-paragraph —
3
In sub-paragraph (1) “maintenance” means child support maintenance as defined by section 3(6) of the Act —
a
before the amendment of the definition of such maintenance by section 1(2)(a) of the Child Support, Pensions and Social Security Act 2000 ;
b
after the amendment of the definition; or
c
both before and after the amendment of the definition,
and includes maintenance payable at a transitional rate in accordance with regulations made under section 29(3)(a) of that Act.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th July 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Community Health Councils (Amendment) Regulations 2002 and shall come into force on 31st August 2002.
2
In these Regulations —
“the principal Regulations ” means the Community Health Councils Regulations 1996 .
3
These Regulations apply in relation to Community Health Councils established for districts in England only.
Amendment of the principal Regulations
2
1
The principal Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 3, after paragraph (1), there is inserted —
1A
Subject to regulations 7 and 8, the term of office of any member which, but for this provision, would expire on 31st August 2002, shall be extended to 31st March 2004.
3
In paragraph (5) of regulation 3, after “appointed” in the first place where it occurs, there is inserted “or of that term as extended by virtue of paragraph (1A),”.
4
Regulation 22 of the principal Regulations (transitional arrangements for existing members) shall be omitted.
5
For paragraph 6 of the Schedule to the principal Regulations (meetings and proceedings of Councils) there is substituted —
6
No business shall be transacted at a meeting unless at least one-third of actual members (excluding vacancies) or four members, whichever is the higher number, are present.
.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under-Secretary of State,
Department of Health
7th August 2002


text:
Citation, commencement and revocation
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2002 and shall come into force on 1st April 2002.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 2001 shall be amended with effect from 1st April 2002 as follows:
a
in paragraph 3.3(b) for “19” there shall be substituted “15” and for “18” there shall be substituted “16”;
b
in paragraph 4.1 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002”;
c
in paragraph 4.2 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002”;
d
in paragraph 4.3 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002”;
e
the following table shall be substituted for the table in paragraph 4.5 —
Pay Spine from 1st April 2002
Spine point Annual Salary £
L1 30,531 L2 31,296 L3 32,079 L4 32,880 L5 33,699 L6 34,542 L7 35,478 L8 36,291 L9 37,197 L10 38,154 L11 39,144 L12 40,047 L13 41,049 L14 42,069 L15 43,116 L16 44,265 L17 45,285 L18 46,422 L19 47,571 L20 48,753 L21 49,959 L22 51,198 L23 52,467 L24 53,769 L25 55,101 L26 56,469 L27 57,867 L28 59,301 L29 60,774 L30 62,283 L31 63,825 L32 65,412 L33 67,035 L34 68,694 L35 70,401 L36 72,144 L37 73,938 L38 75,768 L39 77,613 L40 79,554 L41 81,540;
f
the following table shall be substituted for the table in paragraph 6.3 —
Group Range of spine points Salary range £
1 L6–L16 34,542–44,265 2 L8–L19 36,291–47,571 3 L11–L22 39,144–51,198 4 L14–L25 42,069–55,101 5 L18–L29 46,422–60,774 6 L21–L33 49,959–67,035 7 L24–L37 53,769–73,938 8 L28–L41 59,301–81,540;
g
in paragraph 7.3(b) for “8.2” there shall be substituted “7.2”;
h
in paragraph 7.3(c) for “8.2” there shall be substituted “7.2”;
i
in paragraph 15.2 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002”;
j
the following table shall be substituted for the table in paragraph 15.3 —
Pay scale from 1st April 2002
Scale point Annual Salary £
1 16,599 2 17,595 3 18,519 4 19,491 5 20,514 6 21,591 7 22,806 8 24,177 9 25,713;
k
in paragraph 17.1 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002” and for “17.3” there shall be substituted “17.5”;
l
the following table shall be substituted for the table in paragraph 17.5 —
Pay Scale from 1st April 2002
Scale point Annual Salary £
1 27,861 2 28,893 3 29,961 4 31,068 5 32,217;
m
in paragraph 22.1 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002”;
n
the following table shall be substituted for the table in paragraph 22.1 —
Management Allowances
Allowance Amount £
1st 1,593 2nd 3,219 3rd 5,529 4th 7,611 5th 10,275;
p
in paragraph 23.1 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002” in both places;
q
the following table shall be substituted for the table in paragraph 23.1 —
Recruitment and retention allowances
Allowance Amount £
1st 975 2nd 1,914 3rd 2,901 4th 4,041 5th 5,262;
r
for paragraph 24.1 there shall be substituted the following —
24.1
From 1st April 2002, the annual value of a first special educational needs allowance referred to in paragraph 24 is £1,626, and the annual value of a second special educational needs allowance referred to in paragraph 24 is £3,219.
;
s
in paragraph 26.4 for “17.3” there shall be substituted “17.5”;
t
in paragraph 27.1 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002”;
u
the following table shall be substituted for the table in paragraph 27.1 —
Pay Spine from 1st April 2002
Spine point Annual Salary £
1 28,917 2 29,433 3 29,952 4 30,465 5 30,981 6 31,500 7 32,019 8 32,535 9 33,051 10 33,564 11 34,083 12 34,773 13 35,460 14 36,147 15 36,834 16 37,524 17 38,214 18 38,904 19 39,591 20 40,281 21 40,968 22 41,826 23 42,690 24 43,548 25 44,412 26 45,267 27 46,131;
v
in paragraph 29.2 for “29.11” there shall be substituted “29.10”;
w
paragraph 29.11 shall be deleted;
x
in paragraph 31.1 for the words “From 1st April 2001” there shall be substituted the words “From 1st April 2002”;
y
the following table shall be substituted for the table in paragraph 31.1 —
Pay Scale from 1st April 2002
Scale point Annual Salary £
1 12,891 2 13,470 3 14,031 4 14,616 5 15,204 6 15,771 7 16,350 8 17,703 9 19,236 10 20,388;
z
for paragraph 36.1 there shall be substituted the following:
36.1
A teacher serving in the London Area shall receive a London Area allowance of:
a
if he is serving in the Inner London Area, £3,105 per annum from 1st April 2002;
b
if he is serving in the Outer London Area, £2,043 per annum from 1st April 2002; and
c
if he is serving in the Fringe Area, £792 per annum from 1st April 2002.
;
aa
in paragraph 39.5(c) for “22” there shall be substituted “23”;
bb
after paragraph 46A there shall be inserted the following paragraph:
General Teaching Councils' Fee Allowance
46B.1
The relevant body in relation to a teacher liable to pay a fee in respect of their registration with the General Teaching Council for England or the General Teaching Council for Wales shall, in respect of the fee due in the year 1st April 2002 to 31st March 2003, determine that a single payment of £33 shall be paid to that teacher.
46B.2
Before making a determination under paragraph 46B.1 the relevant body shall take reasonable steps to satisfy itself that the teacher has not received a payment under paragraph 46B.1 from any other relevant body.
46B.3
A local education authority shall upon request take reasonable steps to provide a relevant body with information as to whether or not a teacher who is or has been employed at a school or as an unattached teacher within that authority has received a payment under paragraph 46B.1.
46B.4
Paragraph 40 of this Document shall not apply to this allowance.
; and
cc
in paragraph 47.1 after “advanced skills teachers” there shall be inserted “and fast track teachers”.
Stephen Timms
Minister of State,
Department for Education and Skills
27th March 2002


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


text:
Citation and commencement
1
These Regulations may be cited as the Education (Pupil Information) (England) (Amendment) Regulations 2002 and shall come into force on 19th July 2002.
Amendment
2
The Education (Pupil Information) (England) Regulations 2000 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 2 (Interpretation) —
a
the definitions of “common transfer form” and “stage of SEN ” shall be omitted;
b
after the definition of “curricular record” there shall be inserted the following —
“Departmental number” means a reference number unique to each establishment and allocated by use of a formula determined by the Department of Education and Skills;
;
c
in the definition of “NC tasks” the word “State” shall be replaced with “Stage”; and
d
after the definition of “teacher assessment” there shall be inserted the following —
“unauthorised absence” means any absence from the school for which leave has not been granted by a person authorised in that behalf by the governing body of the school;
.
4
For Regulation 10 (Transfer of information when a pupil changes school) the following regulation shall be substituted —
10
1
In this regulation “common transfer information” means —
a
as respects pupils in the first key stage, the information in Part 1 of Schedule 5;
b
as respects pupils in the second key stage, the information in Part 2 of Schedule 5;
c
as respects pupils in the third key stage, the information in Part 3 of Schedule 5; and
d
as respects pupils in the fourth key stage or over compulsory school age, the information in Part 4 of Schedule 5.
2
Where this regulation requires information to be transferred in machine readable form, that requirement may be met by transferring the information —
a
by electronic mail;
b
by floppy disk;
c
through an intranet provided for that purpose by or on behalf of a local authority, and for the purposes of this regulation an intranet means a closed network that can only be accessed —
i
by the local education authority,
ii
by or on behalf of a governing body of a school within that authority,
iii
by a teacher at a school within that authority; or
d
through an internet website or other facility provided for that purpose by or on behalf of the Department for Education and Skills.
3
Subject to paragraph (8), when a pupil ceases to be registered at a maintained school (the “old school”) and becomes a registered pupil at another school (the “new school”), the pupil’s common transfer information and educational record shall be transferred to the head teacher of the new school no later than fifteen school days after the day on which the pupil ceases to be registered at the old school.
4
The information and record referred to in paragraph (3) shall be transferred by the head teacher of the old school or, where this has been agreed between that head teacher and the local education authority, that authority.
5
The common transfer information shall be transferred in machine readable form unless the old school does not have the technological capability to transfer, or the new school does not have the technological capability to receive, that information, in which case it may be sent in paper form.
6
The educational record may be transferred in machine readable form or in paper form or in a combination of both forms.
7
The requirements in paragraphs (3) and (4) of this regulation shall not apply where it is not reasonably practicable for the head teacher of the old school to ascertain the pupil’s new school.
8
Where a pupil has been registered at a maintained school for less than four weeks, it shall be sufficient compliance for the purposes of paragraphs (3) and (4) if the head teacher of that school or, where applicable, the local education authority transfers such information and record as he has received under this regulation from the school at which the pupil was previously registered in the form in which it was received by him.
9
For the purposes of paragraph (8), the reference in paragraph (3) to “fifteen school days” shall be a reference to the number of days after the day on which the pupil ceases to be registered at the school in question or to the number of days after the information and record have been received by the head teacher of that school, whichever is the later.
10
If the head teacher of a pupil’s old school receives a request from the head teacher of the school at which the pupil is currently a registered pupil, either for the common transfer information relating to the time when the pupil left the old school or for any educational record relating to that pupil in the old school’s possession, he shall provide it within fifteen school days of receiving the request.
.
5
In sub-paragraph (4) of paragraph 5 of Schedule 1 the words after “unauthorised absences” shall be omitted.
6
For Schedule 5, there shall be substituted the Schedule set out in the Schedule to these Regulations.
David Miliband
Minister of State,
Department for Education and Skills
28th June 2002


text:
1
This Order may be cited as The A39 Trunk Road (Devon/Cornwall County Boundary to Indian Queens Cornwall) (Detrunking) Order 2002 and shall come into force on 1st June 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A39 trunk road; and
iii
“the plan” means the plan numbered HA/10/PS/320 marked “The A39 Trunk Road (Devon/Cornwall County Boundary to Indian Queens Cornwall) (Detrunking) Order 2002” signed by the authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the Highways Agency, St Christopher House, Southwark Street, London SE1 0TE.
3
From the date when this Order comes into force the length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Ward
Divisional Director Operations Directorate Highways Agency
21st May 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Pension Sharing) Regulations 2002 and shall come into force on 1st February 2003 but have effect from 1st December 2000.
2
These Regulations extend to England and Wales only.
Amendment of the Police Pensions Regulations 1987
2
The Police Pensions Regulations 1987 shall be amended in accordance with Schedule 1 to these Regulations.
Amendment of the Police Pensions (Purchase of Increased Benefits) Regulations 1987
3
1
Regulation 3 of the Police Pensions (Purchase of Increased Benefits) Regulations 1987 (election to purchase increased benefits) shall be amended as follows.
2
In paragraph (1) for the words “Subject to paragraph (2)” there shall be substituted the words “Subject to paragraphs (2) and (2A)”.
3
After paragraph (2) there shall be inserted —
2A
Subject to paragraph (2B), a pension debit member may not replace any rights debited to him as a consequence of a pension sharing order with any rights which he would not have been able to acquire (in addition to the debited rights) had the order not been made.
2B
Paragraph (2A) does not apply if and to the extent that regulations made under paragraph 18(10) or (11) of Schedule 10 to the Finance Act 1999 make provision as a result of which the requirement in section 590(3)(bb) of the Income and Corporation Taxes Act 1988 has effect in the case of rights under these Regulations and the principal Regulations with any exception, exclusion or modification permitting a member to replace any rights so debited.
.
Amendment of the Police Pensions (Additional Voluntary Contributions) Regulations 1991
4
1
The Police Pensions (Additional Voluntary Contributions) Regulations 1991 shall be amended in accordance with Schedule 2 to these Regulations.
2
Except as provided by virtue of that Schedule, those Regulations shall not apply to a person in his capacity as a person entitled to a pension credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 or under corresponding Northern Ireland legislation or a pension credit member (within the meaning of section 124(1) of the Pensions Act 1995 ).
Signed by authority of the Secretary of State
John Denham
Minister of State
Home Office
19th December 2002
We consent to the making of this Order
Nick Ainger,
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the CommuniCare National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the CommuniCare National Health Service Trust ;
“the new Trust” means the Hyndburn and Ribble Valley Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 1st February 2002 and on behalf of the new Trust on 4th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Town and Country Planning (Enforcement) (Inquiries Procedure) (England) Rules 2002 and shall come into force on 23rd December 2002.
2
These Rules extend to England only.
Interpretation
2
In these Rules —
“assessor” means a person appointed by the Secretary of State to sit with an inspector at an inquiry or re-opened inquiry to advise the inspector on such matters arising as the Secretary of State may specify;
“certificate of lawful use or development” means a certificate under section 191 or 192 of the Planning Act ;
“document” includes a photograph, map or plan;
“enforcement appeal” means an appeal against an enforcement notice;
“enforcement notice” means a notice under section 172 of the Planning Act or under section 38 of the Listed Buildings Act ;
“inquiry” means a local inquiry to which these Rules apply;
“inspector” means a person appointed by the Secretary of State to hold the relevant inquiry or re-opened inquiry;
“land” means the land or building to which an inquiry relates;
“Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“local planning authority” means in relation to —
an enforcement appeal, the body who issued the relevant enforcement notice;
an appeal against the refusal or non-determination of an application for a certificate of lawful use or development, the body to whom the application was made;
“outline statement” means a written statement of the principal submissions which a person proposes to put forward at an inquiry;
“Planning Act” means the Town and Country Planning Act 1990 ;
“pre-inquiry meeting” means a meeting held before an inquiry to consider what may be done with a view to securing that the inquiry is conducted efficiently and expeditiously, and where two or more such meetings are held references to the conclusion of a pre-inquiry meeting are references to the conclusion of the final meeting;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Rules;
“relevant notice” means the Secretary of State’s written notice under rule 4(1) informing the appellant and the local planning authority that an inquiry is to be held;
“starting date” means the date of the —
Secretary of State’s written notice to the appellant and the local planning authority that he has received all the documents required to enable him to entertain the appeal pursuant to regulation 10 of the Town and Country Planning (Enforcement Notices and Appeals) (England) Regulations 2002 ; or
relevant notice,
whichever is the later;
“statement of case” means, and is comprised of, a written statement which contains full particulars of the case which a person proposes to put forward at an inquiry, and a list of any documents which that person intends to refer to or put in evidence;
“statement of common ground” means a written statement prepared jointly by the local planning authority and the appellant, which contains agreed factual information about the development, breach of conditions or works which are the subject of the appeal.
Application of the Rules
3
1
These Rules apply in relation to any local inquiry caused by the Secretary of State to be held in England before he determines an appeal made on or after 23rd December 2002 under —
a
section 174 of the Planning Act (appeal against enforcement notice);
b
section 195 of the Planning Act (appeal against refusal or non-determination of an application for a certificate of lawful use or development);
c
section 39 of the Listed Buildings Act (appeal against listed building enforcement notice) or under that section as applied by section 74(3) of that Act (appeal against conservation area enforcement notice),
but do not apply to any local inquiry by reason of the application of any provision mentioned in this rule by or under any other enactment.
2
Where these Rules apply in relation to an appeal which at some time fell to be disposed of in accordance with —
a
the Town and Country Planning (Enforcement) (Determination by Inspectors) (Inquiries Procedure) (England) Rules 2002 ; or
b
the Town and Country Planning (Enforcement)(Inquiries Procedure) Rules 1992 ,
any step taken or thing done under those Rules which could have been done under any corresponding provision of these Rules shall have effect as if it had been taken or done under that corresponding provision.
Preliminary information to be supplied by local planning authority
4
1
The Secretary of State shall, as soon as practicable after it is determined to hold an inquiry under these Rules, inform the appellant and the local planning authority in writing that an inquiry is to be held.
2
The local planning authority shall within 2 weeks of the starting date —
a
send to the Secretary of State and the appellant a completed questionnaire and a copy of each of the documents referred to in it;
b
in the case of an enforcement appeal, notify any —
i
person on whom a copy of the enforcement notice has been served;
ii
occupier of property in the locality in which the land to which the enforcement notice relates is situated; and
iii
other person who in the opinion of the local planning authority is affected by the breach of planning control or contravention of listed building or conservation area control which is alleged in the enforcement notice,
that an appeal has been made and of the address to which and of the period within which they may make representations to the Secretary of State.
Notification of name of inspector
5
1
The Secretary of State shall, subject to paragraph (2), notify the name of the inspector to every person entitled to appear at the inquiry.
2
Where the Secretary of State appoints another inspector instead of the person previously appointed and it is not practicable to notify the new appointment before the inquiry is held, the inspector holding the inquiry shall, at its commencement, announce his name and the fact of his appointment.
Procedure where pre-inquiry meeting is to be held
6
1
The Secretary of State shall hold a pre-inquiry meeting —
a
if he expects an inquiry to last for 4 days or more, unless he considers it unnecessary;
b
for shorter inquiries, if it appears to him necessary.
2
Where the Secretary of State decides to hold a pre-inquiry meeting the following provisions shall apply —
a
the Secretary of State shall send to the appellant and the local planning authority —
i
notice of his intention to hold a pre-inquiry meeting; and
ii
a statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal in question;
b
the local planning authority shall publish in a newspaper circulating in the locality in which the land is situated a notice of the Secretary of State’s intention to hold a pre-inquiry meeting and of the statement sent in accordance with paragraph (2)(a)(ii) above; and
c
the appellant and the local planning authority shall send 2 copies of their outline statement to the Secretary of State within 8 weeks of the starting date.
3
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s outline statement to the appellant and a copy of the appellant’s outline statement to the local planning authority.
4
The Secretary of State may in writing require any other person who has notified him of an intention or a wish to appear at the inquiry to send an outline statement to him, the appellant and the local planning authority.
5
A person required to send an outline statement under paragraph (4) shall send it to the Secretary of State, the appellant and the local planning authority within 4 weeks of the date on which the Secretary of State so requires.
6
The pre-inquiry meeting (or where there is more than one, the first pre-inquiry meeting) shall be held within 16 weeks of the starting date.
7
The Secretary of State shall give not less than 3 weeks written notice of the pre-inquiry meeting to —
a
the appellant;
b
the local planning authority;
c
any person known at the date of the notice to be entitled to appear at the inquiry; and
d
any other person whose presence at the pre-inquiry meeting appears to him to be desirable.
8
Rule 11(6) shall apply to a pre-inquiry meeting as it does to the holding of an inquiry.
9
The inspector —
a
shall preside at the pre-inquiry meeting;
b
shall determine the matters to be discussed and the procedure to be followed;
c
may require any person present at the pre-inquiry meeting who, in his opinion, is behaving in a disruptive manner to leave; and
d
may refuse to permit that person to return to or attend any further pre-inquiry meeting, or may permit him to return or attend only on such conditions as he may specify.
10
Where a pre-inquiry meeting has been held pursuant to paragraph (1), the inspector may hold a further pre-inquiry meeting and he shall arrange for such notice to be given of a further pre-inquiry meeting as appears to him necessary; and paragraph (9) shall apply to such a pre-inquiry meeting.
11
If the Secretary of State requests any further information from the appellant or the local planning authority at the pre-inquiry meeting, they shall send —
a
2 copies of it to him; and
b
in the case of an enforcement appeal, a copy to any person on whom a copy of the enforcement notice has been served,
within 4 weeks of the conclusion of the pre-inquiry meeting.
12
Where the Secretary of State receives further information pursuant to paragraph (11) he shall, as soon as practicable after receipt —
a
send a copy of such further information received from the appellant to the local planning authority; and
b
send a copy of such further information received from the local planning authority to the appellant.
Statement of matters
7
The Secretary of State may, before an inquiry is held, serve on the local planning authority, the appellant, any person required to serve a statement of case pursuant to rule 8(6) and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served, a written statement of the matters about which he particularly wishes to be informed for the purposes of his consideration of the appeal.
Service of statements of case etc.
8
1
The local planning authority shall —
a
within 6 weeks of the starting date, or
b
where a pre-inquiry meeting is held pursuant to rule 6, within 4 weeks of the conclusion of that pre-inquiry meeting,
serve 2 copies of their statement of case on the Secretary of State and, in the case of an enforcement appeal, a copy on any person on whom a copy of the enforcement notice has been served.
2
The local planning authority shall include in their statement of case details of the time and place where the opportunity will be given to inspect and take copies described in paragraph (13).
3
The appellant shall —
a
in the case of an appeal where no pre-inquiry meeting is held, within 6 weeks of the starting date, or
b
in any case where a pre-inquiry meeting is held, within 4 weeks of the conclusion of that pre-inquiry meeting,
serve 2 copies of his statement of case on the Secretary of State and, in the case of an enforcement appeal, a copy on any person on whom a copy of the enforcement notice has been served.
4
The Secretary of State shall, as soon as practicable after receipt, send a copy of the local planning authority’s statement of case to the appellant and a copy of the appellant’s statement of case to the local planning authority.
5
The appellant and the local planning authority may in writing each require the other to send them a copy of any document, or the relevant part of any document, referred to in the list of documents comprised in that party’s statement of case; and any such document, or relevant part, shall be sent, as soon as practicable, to the party who required it.
6
The Secretary of State may in writing require any other person, who has notified him of an intention or a wish to appear at the inquiry, to serve —
a
3 copies of their statement of case on him within 4 weeks of being so required; and
b
in the case of an enforcement appeal, simultaneously, a copy of their statement of case on any person specified by the Secretary of State,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each such statement of case to the local planning authority and to the appellant.
7
The Secretary of State shall, as soon as practicable —
a
send to any person from whom he requires a statement of case in accordance with paragraph (6) a copy of the statements of case of the appellant and the local planning authority; and
b
inform that person of the name and address of every person to whom his statement of case is required to be sent.
8
The Secretary of State or the inspector may in writing require any person, who has served on him a statement of case in accordance with this rule, to provide such further information about the matters contained in the statement of case as he may specify and may specify the time within which the information shall be sent to him.
9
A local planning authority or appellant required to provide further information, shall send within the time specified —
a
2 copies of that information in writing to the Secretary of State or, as the case may be, the inspector; and
b
in the case of an enforcement appeal, a copy to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State or, as the case may be, the inspector, shall, as soon as practicable after receipt, send a copy of the further information received from the local planning authority to the appellant and a copy of the further information received from the appellant to the local planning authority.
10
Any other person required to provide further information shall send within the time specified —
a
3 copies of that information in writing to the Secretary of State or, as the case may be, the inspector; and
b
in the case of an enforcement appeal, a copy to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State or, as the case may be, the inspector, shall, as soon as practicable after receipt, send a copy of the further information to the local planning authority and the appellant.
11
Any person other than the appellant who serves a statement of case on the Secretary of State shall send with it a copy of —
a
any document; or
b
the relevant part of any document,
referred to in the list comprised in that statement, unless a copy of the document or part of the document in question is already available for inspection pursuant to paragraph (13).
12
Unless he has already done so, the Secretary of State shall, within 12 weeks of the starting date, send a written statement of the matters referred to in rule 6(2)(a)(ii) to —
a
the appellant;
b
the local planning authority;
c
in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served; and
d
any person from whom he has required a statement of case.
13
The local planning authority shall give any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of —
a
any statement of case, written comments, further information or other document a copy of which has been sent to the local planning authority in accordance with this rule; and
b
the local planning authority’s completed questionnaire and statement of case together with a copy of any document, or of the relevant part of any document, referred to in the list comprised in that statement, and any written comments, information or other documents sent by the local planning authority pursuant to this rule.
14
If the local planning authority or the appellant wish to comment on another person’s statement of case, they shall send within 9 weeks of the starting date —
a
2 copies of their written comments to the Secretary of State; and
b
in the case of an enforcement appeal, a copy of their written comments to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments received from the appellant to the local planning authority and a copy of the written comments received from the local planning authority to the appellant.
15
Any person, other than the local planning authority or the appellant, who serves a statement of case on the Secretary of State under this rule and who wishes to comment on another person’s statement of case, shall send, not less than 4 weeks before the date fixed for the holding of the inquiry —
a
3 copies of their written comments to the Secretary of State; and
b
in the case of an enforcement appeal, a copy of their written comments to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of the written comments to the local planning authority and to the appellant.
16
The Secretary of State shall, as soon as practicable after receipt, send to the inspector any statement of case, document or further information or written comments sent to him in accordance with this rule and sent to him within the relevant period, if any, specified in this rule.
Further power of inspector to hold pre-inquiry meetings
9
1
Where no pre-inquiry meeting is held pursuant to rule 6, an inspector may hold one if he thinks it necessary.
2
An inspector shall give not less than 2 weeks written notice of a pre-inquiry meeting he proposes to hold under paragraph (1) to —
a
the appellant;
b
the local planning authority;
c
any person known at the date of the notice to be entitled to appear at the inquiry; and
d
any other person whose presence at the pre-inquiry meeting appears to him to be desirable.
3
Rule 11(6) shall apply to a pre-inquiry meeting held under this rule.
Inquiry timetable
10
1
The inspector shall prepare a timetable for the proceedings at, or at part of, an inquiry where —
a
a pre-inquiry meeting is held; or
b
it appears to the Secretary of State likely that an inquiry will last for 4 days or more.
2
In respect of shorter inquiries or those where no pre-inquiry meeting is held the inspector may at any time prepare a timetable for the proceedings at, or at part of, an inquiry.
3
The inspector may, at any time, vary the timetable prepared under the preceding paragraphs.
4
The inspector may specify in a timetable prepared under this rule a date by which any proof of evidence and summary sent in accordance with rule 16(1) shall be sent to the Secretary of State.
Date and notification of inquiry
11
1
The date fixed by the Secretary of State for the holding of an inquiry shall be, unless he considers such a date impracticable, not later than —
a
subject to paragraph (b), 22 weeks after the starting date; or
b
in a case where a pre-inquiry meeting is held, 8 weeks after the conclusion of that meeting.
2
Where the Secretary of State considers it impracticable to fix a date in accordance with paragraph (1), the date fixed shall be the earliest date after the end of the relevant period mentioned in that paragraph which he considers to be practicable.
3
Unless the Secretary of State agrees a lesser period of notice with the appellant and the local planning authority, he shall give not less than 4 weeks written notice of the date, time and place fixed by him for the holding of an inquiry to every person entitled to appear at the inquiry.
4
The Secretary of State may vary the date fixed for the holding of an inquiry, whether or not the date as varied is within the relevant period mentioned in paragraph (1); and paragraph (3) shall apply to a variation of the date as it applied to the date originally fixed.
5
The Secretary of State may vary the time or place for the holding of an inquiry and shall give such notice as appears to him to be reasonable.
6
The Secretary of State may in writing require the local planning authority to take one or more of the following steps —
a
not less than 2 weeks before the date fixed for the holding of an inquiry, to publish a notice of the inquiry in one or more newspapers circulating in the locality in which the land is situated;
b
to send a notice of the inquiry to such persons or classes of persons as he may specify, within such period as he may specify; or
c
to post a notice of the inquiry in a conspicuous place near to the land, within such period as he may specify.
7
Where the land is under the control of the appellant, he shall —
a
if so required in writing by the Secretary of State, affix a notice of the inquiry firmly to the land or to some object on or near the land, in such manner as to be readily visible to and legible by members of the public; and
b
not remove the notice, or cause or permit it to be removed, for such period before the inquiry as the Secretary of State may specify.
8
Every notice of inquiry published, sent or posted pursuant to paragraph (6), or affixed pursuant to paragraph (7), shall contain —
a
a clear statement of the date, time and place of the inquiry and of the powers enabling the Secretary of State to determine the appeal in question;
b
a written description of the land sufficient to identify approximately its location;
c
a brief description of the subject matter of the appeal; and
d
details of where and when copies of the local planning authority’s completed questionnaire and any document sent by and copied to the authority pursuant to rule 8 may be inspected.
Notification of appointment of assessor
12
Where the Secretary of State appoints an assessor he shall notify every person entitled to appear at the inquiry of the name of the assessor and of the matters on which he is to advise the inspector.
Appearances at inquiry
13
1
The persons entitled to appear at the inquiry are —
a
the appellant;
b
the local planning authority;
c
any of the following bodies if the land is situated in their area and they are not the local planning authority —
i
a county or a district council;
ii
an enterprise zone authority designated under Schedule 32 to the Local Government, Planning and Land Act 1980 ;
iii
the Broads Authority, within the meaning of the Norfolk and Suffolk Broads Act 1988 ;
iv
a housing action trust specified in an order made under section 67(1) of the Housing Act 1988 ;
d
where the land is in an area previously designated as a new town, the Commission for the New Towns;
e
in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served;
f
in the case of an appeal under section 195 of the Planning Act, any person having an interest in the land;
g
the Historic Buildings and Monuments Commission for England where —
i
the inquiry relates to an enforcement notice under section 38 of the Listed Buildings Act;
ii
the listed building is in Greater London; and
iii
if an application for listed building consent had been made for the works set out in the enforcement notice, the Commission would have been notified of the application under a direction given under section 15(5) of the Listed Buildings Act;
h
any other person who has served a statement of case in accordance with rule 8(6) or who has sent an outline statement in accordance with rule 6(4).
2
Nothing in paragraph (1) shall prevent the inspector from permitting any other person to appear at an inquiry and such permission shall not be unreasonably withheld.
3
Any person entitled or permitted to appear may do so on his own behalf or be represented by any other person.
Information to be provided by all parties
14
Any person entitled or permitted to appear at the inquiry, who proposes to give, or call another person to give evidence at the inquiry, shall send in writing to the Secretary of State no later than 4 weeks before the inquiry —
a
an estimate of the time required to present all their evidence; and
b
the number of witnesses that they intend to call to give evidence.
Representatives of government departments at inquiry
15
1
Where the Secretary of State or any other Minister of the Crown or any government department has expressed in writing to the local planning authority a view on an appeal and the authority refer to that view in a statement prepared pursuant to rule 8(1), the appellant may, not later than 4 weeks before the date of an inquiry, apply in writing to the Secretary of State for a representative of the Secretary of State or of the other Minister or department concerned to be made available at the inquiry.
2
Where an application is made in accordance with paragraph (1), the Secretary of State shall make a representative available to attend the inquiry or, as the case may be, send the application to the other Minister or department concerned, who shall make a representative available to attend the inquiry.
3
A person attending an inquiry as a representative pursuant to this rule shall state the reasons for the expressed view and shall give evidence and be subject to cross-examination to the same extent as any other witness.
4
Nothing in paragraph (3) shall require a representative of a Minister or government department to answer any question which, in the opinion of the inspector, is directed to the merits of government policy.
Proofs of evidence
16
1
Any person entitled to appear at an inquiry who proposes to give, or to call another person to give, evidence at the inquiry by reading a proof of evidence, shall —
a
subject to paragraph (2), send 2 copies, in the case of the local planning authority and the appellant, or 3 copies in the case of any other person, of the proof of evidence together with a written summary, to the Secretary of State; and
b
in the case of an enforcement appeal, simultaneously send copies of these to any person on whom a copy of the enforcement notice has been served,
and the Secretary of State shall, as soon as practicable after receipt, send a copy of each proof of evidence together with any summary to the local planning authority and the appellant.
2
No written summary shall be required where the proof of evidence proposed to be read contains no more than 1500 words.
3
The proof of evidence and any summary shall be sent to the Secretary of State no later than —
a
4 weeks before the date fixed for the holding of the inquiry, or
b
where a timetable has been prepared pursuant to rule 10 which specifies a date by which the proof of evidence and any summary shall be sent to the Secretary of State, that date.
4
The Secretary of State shall send to the inspector, as soon as practicable after receipt, any proof of evidence together with any summary sent to him pursuant to this rule within the relevant period, specified in this rule.
5
Where a written summary is provided in accordance with paragraph (1), only that summary shall be read at the inquiry, unless the inspector permits or requires otherwise.
6
Any person, required by this rule to send copies of a proof of evidence to the Secretary of State, or any other person, shall send with them the same number of copies of the whole, or the relevant part, of any document referred to in the proof of evidence, unless a copy of the document or part of the document in question is already available for inspection pursuant to rule 8(13).
7
The local planning authority shall give any person who so requests a reasonable opportunity to inspect and, where practicable, take copies of any document sent to or by them in accordance with this rule.
Statement of common ground
17
1
The local planning authority and the appellant shall together prepare an agreed statement of common ground and shall send it to —
a
the Secretary of State; and
b
in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served,
not less than 4 weeks before the date fixed for the holding of the inquiry.
2
The local planning authority shall give any person who asks, a reasonable opportunity to inspect, and where practicable, take copies of the statement of common ground sent to the Secretary of State.
Procedure at inquiry
18
1
Except as otherwise provided in these Rules, the inspector shall determine the procedure at an inquiry.
2
At the start of the inquiry the inspector shall identify what are, in his opinion, the main issues to be considered at the inquiry and any matters on which he requires further explanation from the persons entitled or permitted to appear.
3
Nothing in paragraph (2) shall preclude any person entitled or permitted to appear from referring to issues which they consider relevant to the consideration of the appeal but which were not issues identified by the inspector pursuant to that paragraph.
4
Unless the inspector otherwise determines, the appellant shall begin and shall have the right of final reply; and the other persons entitled or permitted to appear shall be heard in such order as the inspector may determine.
5
A person entitled to appear at an inquiry shall be entitled to call evidence and the appellant, the local planning authority and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served shall be entitled to cross-examine persons giving evidence, but, subject to the foregoing and paragraphs (6) and (7), the calling of evidence and the cross-examination of persons giving evidence shall otherwise be at the discretion of the inspector.
6
The inspector may refuse to permit the —
a
giving or production of evidence;
b
cross-examination of persons giving evidence; or
c
presentation of any matter,
which he considers to be irrelevant or repetitious; but where he refuses to permit the giving of oral evidence, the person wishing to give the evidence may submit to him any evidence or other matter in writing before the close of the inquiry.
7
Where a person gives evidence at an inquiry by reading a summary of his proof of evidence in accordance with rule 16(5) —
a
the proof of evidence referred to in rule 16(1) shall then be treated as tendered in evidence, unless the person required to provide the summary notifies the inspector that he now wishes to rely on the contents of that summary alone; and
b
the person whose evidence the proof contains shall be subject to cross-examination on it to the same extent as if it were evidence he had given orally.
8
The inspector may direct that facilities shall be made available to any person appearing at an inquiry to take or obtain copies of documentary evidence open to public inspection.
9
The inspector may —
a
require any person appearing or present at an inquiry who, in his opinion, is behaving in a disruptive manner to leave; and
b
refuse to permit that person to return; or
c
permit him to return only on such conditions as he may specify,
but any such person may submit to him any evidence or other matter in writing before the close of the inquiry.
10
The inspector may allow any person to alter or add to a statement of case served under rule 8 so far as may be necessary for the purposes of the inquiry; but he shall (if necessary by adjourning the inquiry) give every other person entitled to appear who is appearing at the inquiry an adequate opportunity of considering any fresh matter or document.
11
The inspector may proceed with an inquiry in the absence of any person entitled to appear at it.
12
The inspector may take into account any written representation or evidence or other document received by him from any person before an inquiry opens or during the inquiry provided that he discloses it at the inquiry.
13
The inspector may from time to time adjourn an inquiry and, if the date, time and place of the adjourned inquiry are announced at the inquiry before the adjournment, no further notice shall be required.
14
Where the Secretary of State expects the inquiry to last for 4 days or more, any person who appears at the inquiry and makes closing submissions, shall before the close of the inquiry, provide the inspector with a copy of their closing submissions in writing.
Site inspections
19
1
The inspector may make an unaccompanied inspection of the land before or during an inquiry without giving notice of his intention to the persons entitled to appear at the inquiry.
2
During an inquiry or after its close, the inspector —
a
may inspect the land in the company of the appellant, the local planning authority, any person with an interest in the land and, in the case of an enforcement appeal, any person on whom a copy of the enforcement notice has been served; and
b
shall make such an inspection if so requested by the appellant or the local planning authority before or during an inquiry.
3
In all cases where the inspector intends to make an accompanied site inspection he shall announce during the inquiry the date and time at which he proposes to make it.
4
The inspector shall not be bound to defer an inspection of the kind referred to in paragraph (2) where any person mentioned in that paragraph is not present at the time appointed.
Procedure after inquiry
20
1
After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.
2
Where an assessor has been appointed, he may, after the close of the inquiry, make a report in writing to the inspector in respect of the matters on which he was appointed to advise.
3
Where an assessor makes a report in accordance with paragraph (2), the inspector shall append it to his own report and shall state in his own report how far he agrees or disagrees with the assessor’s report and, where he disagrees with the assessor, his reasons for that disagreement.
4
When making his decision the Secretary of State may disregard any written representations, evidence or any other document received after the close of the inquiry.
5
If, after the close of an inquiry, the Secretary of State —
a
differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector; or
b
takes into consideration any new evidence or new matter of fact (not being a matter of government policy),
and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it.
6
Any person notified under paragraph (5) shall be given the opportunity to make written representations to the Secretary of State or (if he has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) to ask for the re-opening of the inquiry.
7
Those persons making written representations or requesting the inquiry to be re-opened under paragraph (6) shall send such representations or requests to the Secretary of State within 3 weeks of the date of the Secretary of State’s notification under that paragraph.
8
The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the appellant or the local planning authority in the circumstances mentioned in paragraph (6) and within the period mentioned in paragraph (7).
9
Where an inquiry is re-opened under this rule (whether by the same or a different inspector) —
a
the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters on which further evidence is invited; and
b
paragraph (3) to (8) of rule 11 shall apply as if references to an inquiry were references to a re-opened inquiry.
Notification of decision
21
1
The Secretary of State shall, as soon as practicable after reaching his decision, notify his decision on an appeal, and his reasons for it in writing to —
a
the appellant and the local planning authority;
b
all other persons entitled to appear at the inquiry who did appear; and
c
any other person who, having appeared at the inquiry, has asked to be notified of the decision.
2
Where a copy of the inspector’s report is not sent with the notification of the decision, the notification shall be accompanied by a statement of his conclusions and of any recommendations made by him, and if a person entitled to be notified of the decision has not received a copy of that report, he shall be supplied with a copy of it on written application to the Secretary of State.
3
In this rule “report” includes any assessor’s report appended to the inspector’s report but does not include any other documents so appended; but any person who has received a copy of the report may apply to the Secretary of State in writing, within 6 weeks of the date of the Secretary of State’s decision, for an opportunity of inspecting any such documents and the Secretary of State shall give him that opportunity.
4
Any person applying to the Secretary of State under paragraph (2) shall send his application to the Secretary of State within 4 weeks of the Secretary of State’s determination.
Procedure following remitting of appeal
22
1
Where an appeal in respect of which an inquiry has been held is remitted by any court to the Secretary of State for rehearing and redetermination, the Secretary of State —
a
shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters on which further representations are invited in order for him to consider the appeal further;
b
shall give those persons the opportunity of making written representations to him about those matters or asking for the re-opening of the inquiry; and
c
may, as he thinks fit, cause the inquiry to be re-opened (whether by the same or a different inspector) and if he does so paragraphs (3) to (8) of rule 11 shall apply as if the references to an inquiry were references to a re-opened inquiry.
2
Those persons making representations or asking for the inquiry to be re-opened under paragraph (1)(b) shall send such representations or requests to the Secretary of State within 3 weeks of the date of the written statement sent under paragraph (1)(a).
Allowing further time
23
The Secretary of State may at any time in any particular case allow further time for the taking of any step which is required or enabled to be taken by virtue of these Rules, and references in these Rules to a day by which, or period within which, any step is required or enabled to be taken shall be construed accordingly.
Additional copies
24
1
The Secretary of State may at any time before the close of the inquiry request from any person entitled to appear additional copies of the following —
a
an outline statement sent in accordance with rule 6;
b
a statement of case or comments sent in accordance with rule 8;
c
a proof of evidence sent in accordance with rule 16;
d
any other document or information sent to the Secretary of State before or during an inquiry,
and may specify the time within which such copies should be sent to him.
2
Any person so requested shall send the copies to the Secretary of State within the period specified.
Service of notices by post
25
Notices or documents required or authorised to be served or sent under these Rules may be sent by post.
Revocation, saving and transitional provisions
26
1
Subject to paragraphs (2), (3) and rule 25 of the Town and Country Planning (Enforcement)(Determination by Inspectors)(Inquiries Procedure) (England) Rules 2002 , the Town and Country Planning (Enforcement) (Inquiries Procedure) Rules 1992 (“the 1992 Rules ”) are hereby revoked in relation to England.
2
The 1992 Rules shall continue to apply to any local inquiry held for the purposes of —
a
an enforcement appeal; or
b
an appeal under section 195 of the Planning Act,
made before 23rd December 2002.
3
Where an appeal to which the 1992 Rules applied is subsequently remitted by any court to the Secretary of State for rehearing and redetermination, the matter shall be redetermined in accordance with these Rules.
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
23rd October 2002


text:
1
This Order may be cited as the A41 Trunk Road Shropshire (Telford & Wrekin Border to the County of Cheshire Border) (Detrunking) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
i
“the plan” means the plan, numbered HA10/PS/257, consisting of sheets 1 and 2 and marked “The A41 Trunk Road in Shropshire (Telford & Wrekin Border to the County of Cheshire Border) (Detrunking) Order 2002” signed by authority of the Secretary of State for Transport, Local Government and the Regions, and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A41 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Kevin Lasbury
Highways Agency
11th February 2002


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


text:
1
This Order may be cited as the Value Added Tax (Reduced Rate) Order 2002 and comes into force on 1st June 2002.
2
Schedule 7A to the Value Added Tax Act 1994 is amended in accordance with the following provisions of this Order.
3
In Group 3 —
a
after item 8 insert —
8A
Supplies to a qualifying person of services of installing, maintaining or repairing a renewable source heating system in the qualifying person’s sole or main residence.
8B
Supplies of goods made to a qualifying person by a person installing, maintaining or repairing a renewable source heating system in the qualifying person’s sole or main residence, being goods whose installation is necessary for the installation, maintenance or repair of the system.
;
b
in paragraph 1 (1) of the Notes for “items 1 to 7, 9 and 10” substitute “items 1 to 7 and 8A to 10”;
c
in paragraph 4(d) of the Notes for “foam-insulated” substitute “factory-insulated”; and
d
after paragraph 4 of the Notes insert —
Meaning of “central heating system”
4A
For the purposes of items 5 to 8 “central heating system” includes a system which generates electricity.
Meaning of “renewable source heating system”
4B
For the purposes of items 8A and 8B “renewable source heating system” means a space or water heating system which uses energy from —
a
renewable sources, including solar, wind and hydroelectric power, or
b
near renewable resources, including ground and air heat.
.
4
In Group 6 —
a
in paragraph 4(2) of the Notes —
i
at the end of paragraph (a) omit “and”, and
ii
after paragraph (a) insert —
aa
that is not to any extent used for a relevant residential purpose, and
;
b
for paragraph 5(2)(a) of the Notes substitute —
a
before the conversion the premises being converted do not contain any multiple occupancy dwellings,
;
c
in paragraph 7 of the Notes —
i
for sub-paragraph (2) substitute —
2
The first condition is that —
a
the use to which the premises being converted were last put before the conversion was not to any extent use for a relevant residential purpose, and
b
those premises are intended to be used solely for a relevant residential purpose after the conversion.
,
ii
omit sub-paragraphs (3), (4) and (5), and
iii
in sub-paragraph (6) —
a
for “fourth” substitute “second”, and
b
after “relevant residential purpose” insert “for which the premises are intended to be used”.
5
In Group 7 —
a
change the title of the Group to “RESIDENTIAL RENOVATIONS AND ALTERATIONS”;
b
in each of items 1 and 2 for “a single household dwelling” substitute “qualifying residential premises”;
c
in paragraph (b) of item 2 for “the dwelling concerned or its immediate site” substitute “the premises concerned or their immediate site”;
d
for paragraph 2 of the Notes, substitute —
Meaning of “alteration” and “qualifying residential premises”
2
1
For the purposes of this Group —
“alteration” includes extension;
“qualifying residential premises” means —
a single household dwelling,
a multiple occupancy dwelling, or
a building, or part of a building, which, when it was last lived in, was used for a relevant residential purpose.
2
Where a building, when it was last lived in, formed part of a relevant residential unit then, to the extent that it would not be so regarded otherwise, the building shall be treated as having been used for a relevant residential purpose.
3
A building forms part of a relevant residential unit at any time when —
a
it is one of a number of buildings on the same site, and
b
the buildings are used together as a unit for a relevant residential purpose.
4
The following expressions have the same meaning in this Group as they have in Group 6 —
“multiple occupancy dwelling” (paragraph 4(2) of the Notes to that Group);
“single household dwelling” (paragraph 4(1) of the Notes);
“use for a relevant residential purpose” (paragraph 6 of the Notes).
;
e
in paragraph 3 of the Notes —
i
in the heading, for “dwelling has” substitute “premises have”,
ii
for sub-paragraph (1) substitute —
1
Item 1 or 2 does not apply to a supply unless —
a
the first empty home condition is satisfied, or
b
if the premises are a single household dwelling, either of the empty home conditions is satisfied.
,
iii
for sub-paragraph (2) substitute
2
The first “empty home condition” is that neither —
a
the premises concerned, nor
b
where those premises are a building, or part of a building, which, when it was last lived in, formed part of a relevant residential unit, any of the other buildings that formed part of the unit,
have been lived in during the period of 3 years ending with the commencement of the relevant works.
, and
iv
in sub-paragraph (4)(b) for “the dwelling concerned or its immediate site” substitute “the premises concerned or their immediate site”;
f
after paragraph 3 of the Notes insert —
Items 1 and 2 apply to related garage works
3A
1
For the purposes of this Group a renovation or alteration of any premises includes any garage works related to the renovation or alteration.
2
In this paragraph “garage works” means —
a
the construction of a garage,
b
the conversion of a building, or of a part of a building, that results in a garage, or
c
the renovation or alteration of a garage.
3
For the purposes of sub-paragraph (1), garage works are “related” to a renovation or alteration if —
a
they are carried out at the same time as the renovation or alteration of the premises concerned, and
b
the garage is intended to be occupied with the premises.
;
g
after paragraph 4 of the Notes insert —
Items 1 and 2 only apply if building used for relevant residential purpose is subsequently used solely for that purpose
4A
1
Item 1 or 2 does not apply to a supply if the premises in question are a building, or part of a building, which, when it was last lived in, was used for a relevant residential purpose unless —
a
the building or part is intended to be used solely for such a purpose after the renovation or alteration, and
b
before the supply is made the person to whom it is made has given to the person making it a certificate stating that intention.
2
Where a number of buildings on the same site are —
a
renovated or altered at the same time, and
b
intended to be used together as a unit solely for a relevant residential purpose,
then each of those buildings, to the extent that it would not be so regarded otherwise, shall be treated as intended for use solely for a relevant residential purpose.
; and
h
in paragraph 5 of the Notes for “dwelling” substitute “premises” in each place where that word occurs.
Tony McNulty
Anne McGuire
Two of the Lord’s Commissioners of Her Majesty’s Treasury
17th April 2002


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Community Authorisations) (Modification of the Road Traffic (Foreign Vehicles) Act 1972) Regulations 2002 and shall come into force on 1 July 2002.
Modification of the Road Traffic (Foreign Vehicles) Act 1972
2
1
The Road Traffic (Foreign Vehicles) Act 1972 shall be amended as follows.
2
In Schedule 1, after the entry relating to Article 3a(3) of Council Regulation ( EEC ) No. 684/92 of 16 March 1992, there shall be inserted —
Article 5(4) of Council Regulation (EEC) No. 881/92 of 26th March 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States . To require the production of a certified copy of a Community authorisation which is required to be kept on board certain goods vehicles.
.
3
In Schedule 2, after the entry relating to regulation 19 of the Road Transport (International Passenger Services) Regulations 1984, there shall be inserted —
Regulations 3 and 7 of the Goods Vehicles (Community Authorisations) Regulations 1992 . To impose a penalty for contravention of certain requirements relating to the use of goods vehicles.
.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
24th May 2002


text:
Citation and commencement
1
These Regulations may be cited as the Withholding and Withdrawal of Support (Travel Assistance and Temporary Accommodation) Regulations 2002 and shall come into force on 8th January 2003.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Nationality, Immigration and Asylum Act 2002,
“person with refugee status abroad” means a person to whom paragraph 1 of Schedule 3 to the Act applies by virtue of paragraph 4 of that Schedule,
“ EEA national” means a person to whom paragraph 1 of Schedule 3 to the Act applies by virtue of paragraph 5 of that Schedule,
“person unlawfully in the United Kingdom” means a person to whom paragraph 1 of Schedule 3 to the Act applies by virtue of paragraph 7 of that Schedule,
“relevant EEA State” means —
in relation to a person with refugee status abroad, the EEA State the government of which has determined that he, or a person on whom he is dependent, is entitled to protection as a refugee under the Refugee Convention;
in relation to an EEA national, the EEA State of which he, or a person on whom he is dependent, is a national;
“travel arrangements” means arrangements made under regulation 3(1).
2
In these Regulations and for the purposes of Schedule 3 to the Act, a “dependant” of a person means a person who at the relevant time —
a
is his spouse;
b
is a child of his or of his spouse;
c
is a member of his or his spouse’s close family and is under 18;
d
has been living as part of his household —
i
for at least six of the twelve months before the relevant time, or
ii
since birth,
and is under 18;
e
is in need of care and attention from him or a member of his household by reason of a disability and would fall under (c) or (d) but for the fact that he is not under 18;
f
has been living with him as an unmarried couple for at least two of the three years before the relevant time,
and “dependent” has the corresponding meaning.
3
In paragraph (2) —
“relevant time” means, in relation to any arrangements made by a local authority in respect of a person, the time when the local authority begins to make those arrangements;
“unmarried couple” means a man and woman who, though not married to each other, are living together as if married.
Power for local authorities to arrange travel and provide accommodation
3
1
A local authority may make arrangements (“travel arrangements”) enabling a person with refugee status abroad or who is an EEA national to leave the United Kingdom to travel to the relevant EEA State.
2
A local authority may make arrangements for the accommodation of a person in respect of whom travel arrangements have been or are to be made pending the implementation of those arrangements.
3
A local authority may make arrangements for the accommodation of a person unlawfully in the United Kingdom who has not failed to co-operate with removal directions issued in respect of him.
4
Arrangements for a person by virtue of paragraph (2) or (3) —
a
may be made only if the person has with him a dependent child, and
b
may include arrangements for that child.
Requirements relating to travel and accommodation arrangements
4
1
Travel arrangements and arrangements for accommodation must be made so as to secure implementation of those arrangements at the lowest practicable cost to the local authority.
2
Subject to the requirements in paragraph (1), travel arrangements made in respect of a person must be made so that the person leaves the United Kingdom as soon as practicable.
3
Travel arrangements and arrangements for accommodation may not include cash payments to a person in respect of whom the arrangements are made and must be made in such a way as to prevent the obtaining of services or benefits other than those specified in the arrangements.
4
A local authority must have regard to guidance issued by the Secretary of State in making travel arrangements and arrangements for accommodation.
Failure to implement travel arrangements
5
Where a person with refugee status abroad or an EEA national refuses an offer of travel arrangements or fails to implement or co-operate with travel arrangements, a local authority may make new travel arrangements for him to travel to the relevant EEA State.
6
1
Where a person with refugee status abroad or an EEA national in respect of whom travel arrangements have been made by a local authority fails to implement or co-operate with those travel arrangements, neither that local authority nor any other local authority may make arrangements for the accommodation of that person except in accordance with the following provisions of this regulation.
2
Where paragraph (1) applies to a person because of his failure to travel as arranged, the relevant local authority or another local authority may make further arrangements for the accommodation of that person pending the implementation of revised travel arrangements if, but only if, the local authority considers that —
a
the failure was for one or both of the reasons set out in paragraph (3) and for no other reason, and
b
the person took all reasonable steps to travel as arranged,
and the person has provided or taken all reasonable steps to provide the explanations and evidence requested by the local authority as regards the matters referred to in sub-paragraphs (a) and (b).
3
The reasons referred to in paragraph (2) are —
a
that the applicant or a person within his family group was medically unfit to travel as arranged;
b
that despite his having taken all reasonable steps to ensure that he travelled as arranged, he was prevented from doing so by failure of a transport service.
4
Arrangements for accommodation pursuant to this regulation may only be made in accordance with the provisions of these Regulations, including this regulation.
5
In this regulation —
a
“family group” in relation to a person means that person and those of his dependants who are to travel with him under arrangements made under these Regulations;
b
“transport service” means a public transport service or any transport provided or arranged by the local authority.
Beverley Hughes
Minister of State
Home Office
13th December 2002