text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Permission and Applications) (Credit Unions etc.) Order 2002.
2
This Order comes into force on 8th April 2002 for the purposes of articles 3, 4, 7 and 8 and on 2nd July 2002 for all other purposes.
3
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the 1979 Act ” means the Credit Unions Act 1979 ;
“commencement” means the beginning of 2nd July 2002;
“credit union” means a society registered under the Industrial and Provident Societies Act 1965 by virtue of section 1 of the 1979 Act ;
“deposit” has the same meaning as in article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“unauthorised credit union” means a credit union which, immediately before commencement, is not an authorised person.
Credit unions registered at commencement
2
1
Any unauthorised credit union is to be treated as having, at commencement, a Part IV permission to accept deposits by way of subscription for its shares.
2
The permission acquired by virtue of paragraph (1) is subject to any requirement imposed by virtue of article 5(1).
Requirement to reapply for Part IV permission
3
1
At any time on or before 1st July 2004, the Authority may give a direction under this article to a class of credit unions which is specified in the direction.
2
A direction under this article is a direction that each credit union falling within the class specified in the direction must, before a date so specified, apply to the Authority under section 40 of the Act for a fresh permission to carry on the regulated activities which it wishes to carry on.
3
Section 40(2) of the Act does not apply in relation to an application made in pursuance of the direction.
4
If a credit union fails to comply with the direction, its Part IV permission ceases to have effect on the date specified under paragraph (2).
5
If a credit union complies with the direction but the application which it makes in pursuance of it is refused, its Part IV permission ceases to have effect when the application is decided.
6
If a credit union complies with the direction and in response to its application the Authority gives it a Part IV permission, that permission has effect, from the time when the application is decided, in place of the Part IV permission which the credit union had by virtue of this Order.
7
For the purposes of this article, an application is decided when it has been determined and there is no possibility (or no further possibility) of the determination being reversed or varied on a reference to a tribunal or an appeal.
8
No direction given under this article before commencement has effect until commencement.
Requirement to reapply: procedure
4
1
A direction given under article 3 must state the reasons why it has been given to the class of credit unions specified in the direction.
2
The date specified in the direction under article 3(2) must be such as to allow a reasonable time for compliance, and in any event must fall after the end of three months beginning with the date when the direction has effect.
3
If the Authority gives a direction under article 3, it must as soon as practicable, and in any event not later than the due date, give a copy to each credit union which does, or which it considers may on the due date, fall within the class of credit unions specified in the direction.
4
“The due date” means the date three months before the date specified in the direction.
5
If the Authority fails to give a copy of the direction to a credit union by the due date, the direction does not apply to it (and therefore article 3(4) does not apply to it) but if the Authority gives it a copy of the direction after the due date, the direction has effect in relation to that credit union as if the date specified in it under article 3(2) were three months after the date on which the copy was given to that credit union, and the copy must indicate that fact.
6
Any failure by the Authority to comply with paragraph (3) does not invalidate the direction in relation to any credit union to which a copy is given in accordance with that paragraph.
Effect of restrictions and prohibitions under 1979 Act
5
1
Where immediately before commencement an unauthorised credit union was subject to a direction under section 19 of the 1979 Act , that direction has effect after commencement as if it were a requirement imposed on that credit union under section 43 of the Act.
2
For the purposes of the rules and guidance made prior to commencement by the Authority under Part X of the Act that relate to credit unions , a credit union which, immediately before commencement, did not hold a certificate under section 11C of the 1979 Act is to be treated from commencement as a version 1 credit union (and so, by virtue of rule 10.3.2 of the Credit Union Sourcebook , such a credit union may not lend more than £10,000 in excess of the borrowing member’s shareholding).
3
For the purposes of those rules and that guidance, a credit union which, immediately before commencement, held a certificate under that section is to be treated from commencement as a version 2 credit union(and so, by virtue of rule 10.3.4 of the Credit Union Sourcebook, such a credit union may lend up to £10,000 in excess of the borrowing member’s shareholding or 1.5% of the total shares in the credit union in excess of the borrowing member’s shareholding, whichever is the greater).
4
Paragraphs (2) and (3) are subject to anything done by or under the Act after commencement.
Approved persons
6
1
Subject to paragraph (2), where at commencement a person (“E”) is performing a function for an unauthorised credit union under an arrangement entered into by that credit union or by a contractor of that credit union, then if E’s continued performance of that function after commencement would, but for this article, require the approval of the Authority under section 59(1) or (2) of the Act, then that continued performance by E of that function after commencement is to be taken to have been approved by the Authority for the purposes of section 59 of the Act.
2
Paragraph (1) does not apply if E performs a function by virtue of the fact that he holds or has held an office in a credit union and, immediately before commencement, E was ineligible by virtue of section 27 of the 1979 Act to hold that office.
Pre-commencement applications etc.
7
1
The following provisions apply until commencement.
2
In sections 44, 45 (but not subsection (1)(b)), 46, 47, 48, 49, 50, 51(2), 52, 53, 54 and 55 (variation of Part IV permissions etc.), sections 56 and 60 (performance of regulated activities) and section 148 (modification or waiver of rules) —
a
the references to an authorised person are to be read as including a reference to an unauthorised credit union; and
b
the references to Part IV permissions are to be read as including a reference to the Part IV permission which an authorised credit union will be treated as having at commencement by virtue of article 2.
3
Nothing done under the Act by virtue of paragraph (2) (including the determination of any application) may come into force or have any effect before commencement.
Information gathering
8
1
Section 165 of the Act (Authority’s power to require information) has effect until commencement as if —
a
each reference to an authorised person (except the references in subsections (7)(b) and (8)) included a reference to a credit union which the Authority has reasonable grounds to believe will be an authorised person immediately after commencement;
b
the reference to subsection (4) to functions conferred on the Authority by or under the Act included a reference to functions conferred by or under the Act which the Authority has reasonable grounds to believe will be exercisable by it at commencement.
2
In determining whether a person is connected with a credit union under section 165(11) of the Act, Part I of Schedule 15 to the Act has effect as if each reference to an authorised person were a reference to a credit union.
3
Until commencement, the reference to a requirement imposed by the Authority under section 165 in section 176(11) of the Act does not include a requirement imposed under that section as modified by this article.
4
At commencement —
a
any requirement imposed under section 165 or subsection (1) of section 175 of the Act (information and documents: supplementary provisions) ceases to have effect if it could not be imposed under that enactment immediately after commencement;
b
any requirement imposed under subsection (2) or (3) of section 175 of the Act (a “supplementary requirement”) ceases to have effect if the requirement pursuant to which the supplementary requirement was imposed ceases to have effect at commencement by virtue of sub-paragraph (a) (and no such supplementary requirement may be imposed thereafter); and
c
no action may be taken or continued under or pursuant to the Act in relation to any requirement which ceases to have effect by virtue of this paragraph.
St. Paul’s Mutual Aid Society
9
1
St. Paul’s Mutual Aid Society (“ the Society ”) is to be treated as having, at commencement, a Part IV permission to accept deposits but only —
a
by monthly or other subscriptions from its members; and
b
to the extent permitted by its rules.
2
Where at commencement a person (“E”) is performing a function for the Society under an arrangement entered into by the Society or by a contractor of it, then if E’s continued performance of that function after commencement would, but for this article, require the approval of the Authority under section 59(1) or (2) of the Act, then that continued performance by E of that function after commencement is to be taken to have been approved by the Authority for the purposes of section 59 of the Act.
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the City of Cambridge (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“city” means the City of Cambridge;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Cambridge (Electoral Changes) Order 2002” of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Cambridge City Council.
Wards of the City of Cambridge
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into fourteen wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the City of Cambridge
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city, one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Cambridge City Council shall make a print of the map marked “Map referred to in the City of Cambridge (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
6
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The City of Cambridge (Electoral Arrangements) Order 1975 is revoked, save for articles 8 and 9.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th September 2002
Glyn Mathias
Commissioner
11th September 2002
Neil McIntosh
Commissioner
11th September 2002
Karamjit Singh
Commissioner
11th September 2002
Sam Younger
Commissioner
11th September 2002
Graham Zellick
Commissioner
11th September 2002


text:
1
These Regulations may be cited as the Working Time (Amendment) Regulations 2002 and shall come into force on 6th April 2003.
2
The Working Time Regulations 1998 shall be amended as provided in regulations 3–20 below.
3
In regulation 2 (interpretation), the following definition shall be inserted after the definition of “rest period” —
“the restricted period”, in relation to a worker, means the period between 10 p.m. and 6 a.m. or, where the worker’s contract provides for him to work after 10 p.m., the period between 11 p.m. and 7 a.m.
4
In regulation 3 (general) —
a
before “The”, there shall be inserted “(1)”, and
b
the following paragraph shall be inserted after paragraph (1) (as created by paragraph (a) above) —
2
Where, in this Part, separate provision is made as respects the same matter in relation to workers generally and to young workers, the provision relating to workers generally applies only to adult workers and those young workers to whom, by virtue of any exception in Part 3, the provision relating to young workers does not apply.
5
In paragraph (c) of regulation 4(7) (“excluded days” for the purpose of calculating average working time), after “maternity” there shall be inserted “paternity, adoption or parental”.
6
The following regulation shall be inserted after regulation 5 —
Maximum working time for young workers
5A
1
A young worker’s working time shall not exceed —
a
eight hours a day, or
b
40 hours a week.
2
If, on any day, or, as the case may be, during any week, a young worker is employed by more than one employer, his working time shall be determined for the purpose of paragraph (1) by aggregating the number of hours worked by him for each employer.
3
For the purposes of paragraphs (1) and (2), a week starts at midnight between Sunday and Monday.
4
An employer shall take all reasonable steps, in keeping with the need to protect the health and safety of workers, to ensure that the limits specified in paragraph (1) are complied with in the case of each worker employed by him in relation to whom they apply.
7
Regulation 6(6) (normal working hours for employees entitled to overtime pay) shall be omitted.
8
The following regulation shall be inserted after regulation 6 —
Night work by young workers
6A
An employer shall ensure that no young worker employed by him works during the restricted period.
9
In regulation 7(2) (entitlement of young worker to health assessment before assignment to night work), for “the period between 10 p.m. and 6 a.m. (“the restricted period”)” there shall be substituted “the restricted period”.
10
In regulation 9 (records showing whether regulations are complied with) —
a
after “4(1)” in paragraph (a) there shall be inserted “,5A(1)”, and
b
before “7(1)” in that paragraph there shall be inserted “6A and”.
11
In regulation 10(1) (entitlement to daily rest period), for “An adult worker” there shall substituted “A worker”.
12
In regulation 11(1), (2) and (7) (entitlement to weekly rest period), for “an adult worker” there shall be substituted “a worker”.
13
In regulation 12 (entitlement to rest breaks) —
a
for “an adult worker's” in paragraph (1) there shall be substituted “a worker's”, and
b
for “an adult worker” in paragraph (2) there shall be substituted “a worker”.
14
In regulation 19 (regulations not applying to domestic service) —
a
after “4(1) and (2)” there shall be inserted “,5A(1) and (4),” and
b
after “6(1), (2) and (7),” there shall be inserted “6A,”.
15
In regulation 25 (young workers in the armed forces) —
a
after “Regulations” in paragraph (2) there shall be inserted “5A, 6A,” and
b
for “a period which would otherwise be a rest period,” there shall be substituted “the restricted period, or is not permitted the minimum rest period provided for in regulation 10(2) or 11(3),”.
16
In regulation 26 (young workers employed on ships), after “Regulations” there shall be inserted “5A, 6A,”.
17
The following regulation shall be inserted after regulation 27 —
Other exceptions relating to young workers
27A
1
Regulation 5A does not apply in relation to a young worker where —
a
the young worker’s employer requires him to undertake work which is necessary either to maintain continuity of service or production or to respond to a surge in demand for a service or product;
b
no adult worker is available to perform the work, and
c
performing the work would not adversely affect the young worker’s education or training.
2
Regulation 6A does not apply in relation to a young worker employed —
a
in a hospital or similar establishment, or
b
in connection with cultural, artistic, sporting or advertising activities,
in the circumstances referred to in paragraph (1).
3
Regulation 6A does not apply, except in so far as it prohibits work between midnight and 4 a.m., in relation to a young worker employed in —
a
agriculture;
b
retail trading;
c
postal or newspaper deliveries;
d
a catering business;
e
a hotel, public house, restaurant, bar or similar establishment, or
f
a bakery,
in the circumstances referred to in paragraph (1).
4
Where the application of regulation 6A is excluded by paragraph (2) or (3), and a young worker is accordingly required to work during a period which would otherwise be a rest period or rest break —
a
he shall be supervised by an adult worker where such supervision is necessary for the young worker’s protection, and
b
he shall be allowed an equivalent period of compensatory rest.
18
In regulation 27 (young workers: force majeure ) both —
a
after “Regulations” in paragraph (1) and
b
after “regulation” in paragraph (2),
there shall be inserted “5A, 6A,”.
19
In regulation 28 (enforcement) —
a
after “4(2),” in sub-paragraph (a) of paragraph (1) there shall be inserted “5A(4),”;
b
after “6(2) and (7),” in that sub-paragraph there shall be inserted “6A,” and
c
for “and 9” in that sub-paragraph there shall be substituted “,9 and 27A(4)(a)”.
20
In regulation 30 (remedies), after “25(3)” in sub-paragraph (a)(iii) of paragraph (1) there shall be inserted “,27A(4)(b)”.
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
16th December 2002


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the Rushmoor and Hart Primary Care Trust (Change of Name) No. 2 Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the Rushmoor and Hart Primary Care Trust (Establishment) Order ; and
“ the trust ” means the Primary Care Trust established by the Order.
Change of name of Primary Care trust and transitional provisions
2
1
The trust shall be called the Blackwater Valley and Hart Primary Care Trust instead of the Blackwater Valley Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Blackwater Valley” there shall be substituted “Blackwater Valley and Hart”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Revocation of Order
3
The Rushmoor and Hart Primary Care Trust (Change of Name) Order 2002 is revoked.
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 Measuring Instruments (EC Requirements) (Electrical Energy Meters) (Amendment) Regulations 2002 and shall come into force on 1st February 2003.
Interpretation
2
In these Regulations —
“the 1988 Regulations ” means the Measuring Instruments ( EEC Requirements) Regulations 1988 ;
“the 1995 Regulations ” means the Measuring Instruments (EC Requirements) (Electrical Energy Meters) Regulations 1995 ;
“application” means an application for EC pattern approval pursuant to regulation [6] of the 1995 Regulations.
Amendment of the 1995 Regulations
3
The 1995 Regulations are amended in accordance with the Schedule to these Regulations.
Transitional
4
The amendments made by these Regulations shall have effect only in relation to applications made on or after the date on which these Regulations come into effect.
Brian Wilson
Minister of State for Energy and Construction
Department for Trade and Industry
12th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton and South West Hampshire Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Southampton and South West Hampshire Health Authority ;
“the new Trusts” means the Southampton University Hospitals National Health Service Trust and the New Forest Primary Care Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Southampton University Hospitals National Health Service Trust and signed on behalf of both the old Trust and the Southampton University Hospitals National Health Service Trust on 21st November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Southampton University Hospitals National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the New Forest Primary Care Trust and signed on behalf of the old Trust on 21st November 2001 and on behalf of the New Forest Primary Care Trust on 22nd November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the New Forest Primary Care Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Brighton and Hove City 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 Brighton and Hove City 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 Brighton and Hove City 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, commencement and interpretation
1
1
These Regulations may be cited as the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 and shall come into force on 20th May 2002.
2
In these Regulations —
a
“the Housing Benefit (Decisions and Appeals) Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ; and
b
unless the context otherwise requires, a reference to a numbered regulation, paragraph or Schedule is a reference to the regulation, paragraph or Schedule bearing that number in the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
2
In regulation 1(3) (interpretation) —
a
for the definition of “official error” there shall be substituted —
“official error” means an error made by —
an officer of the Department for Work and Pensions or the Board acting as such which no person outside the Department or the Inland Revenue caused or to which no person outside the Department or the Inland Revenue materially contributed;
a person employed by a designated authority acting on behalf of the authority, which no person outside that authority caused or to which no person outside that authority materially contributed,
but excludes any error of law which is shown to have been an error by virtue of a subsequent decision of a Commissioner or the court;
; and
b
after the definition of “panel member with a disability qualification” there shall be inserted —
“partner” means —
where a person is a member of a married couple or an unmarried couple, the other member of that couple; or
where a person is polygamously married to two or more members of his household, any such member;
.
3
In regulation 3 (revision of decisions) —
a
in paragraph (1) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
he or they commence action leading to revision within one month of the date of notification of the original decision; or
b
an application for a revision is received by the Secretary of State or the Board or an officer of the Board at the appropriate office —
i
subject to regulation 9A(3), within one month of the date of notification of the original decision;
ii
where a written statement is requested under paragraph (1)(b) of regulation 28 and is provided within the period specified in head (i), within 14 days of the expiry of that period;
iii
where a written statement is requested under paragraph (1)(b) of regulation 28 and is provided after the period specified in head (i), within 14 days of the date on which the statement is provided; or
iv
within such longer period as may be allowed under regulation 4.
;
b
after paragraph (4) there shall be inserted the following paragraph —
4A
Where there is an appeal against an original decision (within the meaning of paragraph (1)) within the time prescribed in regulation 31, or in a case to which regulation 32 applies within the time prescribed in that regulation, but the appeal has not been determined, the original decision may be revised at any time.
;
c
after paragraph (5) there shall be inserted the following paragraph —
5A
Where —
a
the Secretary of State or the Board or an officer of the Board, as the case may be, makes a decision under section 8 or 10, or that decision is revised under section 9, in respect of a claim or award (“decision A”) and the claimant appeals against decision A;
b
decision A is superseded or the claimant makes a further claim which is decided (“decision B”) after the claimant made the appeal but before the appeal results in a decision by an appeal tribunal (“decision C”); and
c
the Secretary of State or the Board or an officer of the Board, as the case may be, would have made decision B differently if he or they had been aware of decision C at the time he or they made decision B,
decision B may be revised at any time.
;
d
after paragraph (7) there shall be inserted the following paragraph —
7A
Where a decision as to a claimant’s entitlement to a disablement pension under section 103 of the Contributions and Benefits Act is revised by the Secretary of State, or changed on appeal, a decision of the Secretary of State as to the claimant’s entitlement to reduced earnings allowance under paragraph 11 or 12 of Schedule 7 to that Act may be revised at any time provided that the revised decision is more advantageous to the claimant than the original decision.
; and
e
in paragraph (11) —
i
in sub-paragraph (a) for the words “Department of Social Security or the Department for Education and Employment” there shall be substituted the words “Department for Work and Pensions”; and
ii
in sub-paragraph (c) for the words “Department of Social Security” there shall be substituted the words “Department for Work and Pensions”.
4
After regulation 9 there shall be inserted the following regulation —
Correction of accidental errors
9A
1
Accidental errors in a decision of the Secretary of State or an officer of the Board under a relevant enactment within the meaning of section 28(3), or in any record of such a decision, may be corrected by the Secretary of State or an officer of the Board, as the case may be, at any time.
2
A correction made to, or to the record of, a decision shall be deemed to be part of the decision, or of that record, and the Secretary of State or an officer of the Board shall give a written notice of the correction as soon as practicable to the claimant.
3
In calculating the time within which an application can be made under regulation 3(1)(b) for a decision to be revised, or the time within which an appeal may be brought under regulation 31(1), there shall be disregarded any day falling before the day on which notice was given of a correction of the decision or to the record thereof under paragraph (2).
.
5
In regulation 11A (issues for decision by officers of Inland Revenue) in paragraph (2) —
a
in sub-paragraph (b) after the word “supersession” there shall be inserted the words “or an appeal”; and
b
in sub-paragraph (c) for the words “consideration of the application” there shall be substituted the words “receipt of the application or appeal”.
6
After regulation 14 there shall be inserted the following regulation —
Termination of award of income support or jobseeker’s allowance
14A
1
This regulation applies in a case where an award of income support or a jobseeker’s allowance (“the existing benefit”) exists in favour of a person and, if that award did not exist and a claim was made by that person or his partner for a jobseeker’s allowance or, as the case may be, income support (“the alternative benefit”), an award of the alternative benefit would be made on that claim.
2
In a case to which this regulation applies, if a claim for the alternative benefit is made the Secretary of State may bring to an end the award of the existing benefit if he is satisfied that an award of the alternative benefit will be made on that claim.
3
Where, under paragraph (2), the Secretary of State brings an award of the existing benefit to an end he shall do so with effect from the day immediately preceding the first day on which an award of the alternative benefit takes effect.
4
Where an award of a jobseeker’s allowance is made in accordance with the provisions of this regulation, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days) shall not apply.
.
7
In regulation 25 (other persons with a right to appeal) before paragraph (a) there shall be inserted the following paragraphs —
ai
any person who has been appointed by the Secretary of State or the Board under regulation 30(1) of the Claims and Payments Regulations (payments on death) to proceed with the claim of a person who has made a claim for benefit and subsequently died;
aii
any person who is appointed by the Secretary of State to claim benefit on behalf of a deceased person and who claims the benefit under regulation 30(5) and (6) of the Claims and Payments Regulations;
aiii
any person who is appointed by the Secretary of State to make a claim for reduced earnings allowance or disablement benefit in the name of a person who has died and who claims under regulation 30(6A) and (6B) of the Claims and Payments Regulations;
.
8
In regulation 29(5) (further particulars required relating to certificate of recoverable benefits appeals or applications) for the words “Department of Social Security” there shall be substituted the words “Department for Work and Pensions”.
9
In regulation 31(1) (time within which an appeal is to be brought) for sub-paragraphs (a) and (b) there shall be substituted the following sub-paragraphs —
a
subject to regulation 9A(3), within one month of the date of notification of the decision against which the appeal is brought;
b
where a written statement of the reasons for that decision is requested and provided within the period specified in sub-paragraph (a), within 14 days of the expiry of that period; or
c
where a written statement of the reasons for that decision is requested but is not provided within the period specified in sub-paragraph (a), within 14 days of the date on which the statement is provided.
.
10
In regulation 32 (late appeals) —
a
at the end of paragraph (2) there shall be added the words “, except that where the Secretary of State or the Board, as the case may be, consider that the conditions in paragraphs (4)(b) to (8) are satisfied, the Secretary of State or the Board, as the case may be, may grant the application.”;
b
for paragraph (4) there shall be substituted the following paragraph —
4
An application for an extension of time shall not be granted unless —
a
the panel member is satisfied that, if the application is granted, there are reasonable prospects that the appeal will be successful; or
b
the panel member, the Secretary of State or the Board, as the case may be, are satisfied that it is in the interests of justice for the application to be granted.
;
c
in paragraph (5) —
i
after the words “panel member” there shall be inserted the words “, the Secretary of State or the Board, as the case may be,”; and
ii
for the words “application to be made” there shall be substituted the words “appeal to be made”;
d
in paragraph (6)(a) for the word “spouse” there shall be substituted the word “partner”; and
e
in paragraph (7), for the words “the panel member shall have regard” there shall be substituted the words “regard shall be had”.
11
In regulation 33 (making of appeals and applications) —
a
in paragraph (2) —
i
in sub-paragraphs (a) and (c) for the words “Department of Social Security” there shall be substituted the words “Department for Work and Pensions”;
ii
in sub-paragraph (b) for the words “Department of Social Security or of the Department for Education and Employment” there shall be substituted the words “Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal”; and
iii
in sub-paragraph (e) for the words “Department of Social Security” there shall be substituted the words “Department for Work and Pensions the address of which was indicated on the notification of the decision which is subject to appeal”;
b
for paragraph (7) there shall be substituted the following paragraph —
7
Where a person to whom a form is returned, or from whom further particulars are requested, duly completes and returns the form or sends the further particulars, if the form or particulars, as the case may be, are received by the Secretary of State or the Board within —
a
14 days of the date on which the form was returned to him by the Secretary of State or the Board, the time for making the appeal shall be extended by 14 days from the date on which the form was returned;
b
14 days of the date on which the Secretary of State’s or the Board’s request was made, the time for making the appeal shall be extended by 14 days from the date of the request; or
c
such longer period as the Secretary of State or the Board may direct, the time for making the appeal shall be extended by a period equal to that longer period directed by the Secretary of State or the Board.
; and
c
the following paragraph shall be substituted for paragraph (10) —
10
The Secretary of State or the Board may discontinue action on an appeal where the appeal has not been forwarded to the clerk to an appeal tribunal or to a legally qualified panel member and the appellant or an authorised representative of the appellant has given written notice that he does not wish the appeal to continue.
.
12
In regulation 38A(1) (appeals raising issues for decision by officers of Inland Revenue) —
a
for the words “, on consideration of any appeal, it appears to an appeal tribunal” there shall be substituted the words “a person has appealed to an appeal tribunal and it appears to the appeal tribunal, or a legally qualified panel member,”; and
b
after the words “that tribunal” there shall be inserted the words “or legally qualified panel member, as the case may be,”.
13
Regulation 47 (reinstatement of struck out appeals) shall be renumbered paragraph (2) of regulation 47 and immediately before the renumbered paragraph (2) the following paragraph shall be inserted as paragraph (1) —
1
The clerk to the appeal tribunal may reinstate an appeal which has been struck out in accordance with regulation 46(1)(c) where —
a
the appellant has made representations to him or, as the case may be, further representations in support of his appeal with reasons why he considers that his appeal should not have been struck out;
b
the representations are made in writing within one month of the order to strike out the appeal being issued; and
c
the clerk is satisfied in the light of those representations that there are reasonable grounds for reinstating the appeal
but if the clerk is not satisfied that there are reasonable grounds for reinstatement a legally qualified panel member shall consider whether the appeal should be reinstated in accordance with paragraph (2).
.
14
In regulation 49 (procedure at oral hearings) —
a
for paragraph (6) there shall be substituted the following paragraph —
6
An oral hearing shall be in public except where the chairman, or in the case of an appeal tribunal which has only one member, that member, is satisfied that it is necessary to hold the hearing, or part of the hearing, in private —
a
in the interests of national security, morals, public order or children;
b
for the protection of the private or family life of one or more parties to the proceedings; or
c
in special circumstances, because publicity would prejudice the interests of justice.
;
b
for paragraph (7) there shall be substituted the following paragraph —
7
At an oral hearing —
a
any party to the proceedings shall be entitled to be present and be heard; and
b
the following persons may be present by means of a live television link —
i
a party to the proceedings or his representative or both; or
ii
where an appeal tribunal consists of more than one member, a tribunal member other than the chairman,
provided that the person who constitutes or is the chairman of the tribunal gives permission and the appellant consents.
;
c
in paragraph (9) —
i
in sub-paragraph (b) the word “panel” shall be omitted; and
ii
in sub-paragraph (d) the words “and the consent of every party to the proceedings actually present,” shall be omitted;
d
for paragraph (10) there shall be substituted the following paragraph —
10
Nothing in paragraph (9) affects the rights of —
a
any person mentioned in sub-paragraphs (a) and (b) of that paragraph where he is sitting as a member of a tribunal or acting as its clerk; or
b
the clerk to the tribunal,
and nothing in this regulation prevents the presence at an oral hearing of any witness or of any person whom the chairman, or in the case of an appeal tribunal which has only one member, that member, permits to be present in order to assist the appeal tribunal or the clerk.
; and
e
after paragraph (12) the following paragraph shall be added —
13
In this regulation “live television link” means a live television link or other facilities which allow a person who is not physically present at an oral hearing to see and hear proceedings and be seen and heard by those physically present.
.
15
In regulation 51 (postponement and adjournment) paragraph (5) shall be omitted.
16
In regulation 53 (decisions of appeal tribunals), for paragraph (4) there shall be substituted the following paragraph —
4
A party to the proceedings may apply in writing to the clerk to the appeal tribunal for a statement of the reasons for the tribunal’s decision within one month of the sending or giving of the decision notice to every party to the proceedings or within such longer period as may be allowed in accordance with regulation 54 and following that application the chairman, or in the case of a tribunal with only one member, that member shall record a statement of the reasons and a copy of that statement shall be given to every party to the proceedings as soon as may be practicable.
.
17
In regulation 54 (late applications for a statement of reasons of tribunal decision) —
a
in paragraph (6)(a) for the word “spouse” there shall be substituted the word “partner”;
b
in paragraphs (10), (11) and (12) for the word “decision” in each place where it occurs there shall be substituted the word “determination”;
c
in paragraph (11) for the words “a copy” there shall be substituted the word “notice”;
d
in paragraph (12) for the words “a copy”, in the first place where they occur, there shall be substituted the word “notice”; and
e
the following paragraph shall be substituted for paragraph (13) —
13
In calculating the time specified for applying in writing for a statement of the reasons for the tribunal’s decision there shall be disregarded any day which falls before the day on which notice was given of —
a
a correction of a decision or the record thereof pursuant to regulation 56; or
b
a determination that a decision shall not be set aside following an application made under regulation 57, except where the decision was not set aside because of a refusal to extend the time for applying.
.
18
In regulation 57 (setting aside decisions on certain grounds) —
a
in paragraph (2) the words “the chairman, or in the case of an appeal tribunal which has only one member, unless” shall be omitted;
b
for paragraph (3) there shall be substituted the following paragraph —
3
An application under this regulation shall —
a
be made within one month of the date on which —
i
a copy of the decision notice is sent or given to the parties to the proceedings in accordance with regulation 53(3); or
ii
the statement of the reasons for the decision is given or sent in accordance with regulation 53(4),
whichever is later;
b
be in writing and signed by a party to the proceedings or, where the party has provided written authority to a representative to act on his behalf, that representative;
c
contain particulars of the grounds on which it is made; and
d
be sent to the clerk to the appeal tribunal.
; and
c
the following paragraphs shall be substituted for paragraphs (6) to (12) —
6
The time within which an application under this regulation must be made may be extended by a period not exceeding one year where the conditions specified in paragraphs (7) to (11) are satisfied.
7
An application for an extension of time shall be made in accordance with paragraph (3)(b) to (d), shall include details of any relevant special circumstances for the purposes of paragraph (9) and shall be determined by a legally qualified panel member.
8
An application for an extension of time shall not be granted unless the panel member is satisfied that —
a
if the application is granted there are reasonable prospects that the application to set aside will be successful; and
b
it is in the interests of justice for the application for an extension of time to be granted.
9
For the purposes of paragraph (8) it is not in the interests of justice to grant an application for an extension of time unless the panel member is satisfied that —
a
the special circumstances specified in paragraph (10) are relevant to that application; or
b
some other special circumstances exist which are wholly exceptional and relevant to that application,
and as a result of those special circumstances, it was not practicable for the application to set aside to be made within the time limit specified in paragraph (3)(a).
10
For the purposes of paragraph (9)(a) the special circumstances are that —
a
the applicant or a partner or dependant of the applicant has died or suffered serious illness;
b
the applicant is not resident in the United Kingdom; or
c
normal postal services were disrupted.
11
In determining whether it is in the interests of justice to grant an application for an extension of time, the panel member shall have regard to the principle that the greater the amount of time that has elapsed between the expiry of the time within which the application to set aside is to be made and the making of the application for an extension of time, the more compelling should be the special circumstances on which the application for an extension is based.
12
An application under this regulation for an extension of time which has been refused may not be renewed.
.
19
The following regulation shall be substituted for regulation 57A —
Provisions common to regulations 56 and 57
57A
1
In calculating any time specified for appealing to a Commissioner from a decision of an appeal tribunal there shall be disregarded any day falling before the day on which notice was given of —
a
a correction of a decision or the record thereof pursuant to regulation 56; or
b
a determination that a decision shall not be set aside following an application made under regulation 57, except where the decision was not set aside because of a refusal to extend the time for applying.
2
There shall be no appeal against a correction made under regulation 56 or a refusal to make such a correction or against a determination made under regulation 57.
3
Nothing in this Chapter shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.
.
20
In regulation 58 (application for leave to appeal to a Commissioner from an appeal tribunal) —
a
in paragraph (1) —
i
after the word “under” there shall be inserted the words “section 13 of the 1997 Act or under”; and
ii
in sub-paragraph (a) for the words “made within the period of one month commencing on the date the applicant is sent” there shall be substituted the words “sent to the clerk to the appeal tribunal within the period of one month of the date of the applicant being sent”;
b
paragraph (3) shall be omitted;
c
for paragraph (4) there shall be substituted the following paragraph —
4
A person determining an application for leave to appeal to a Commissioner shall record his determination in writing and send a copy to every party to the proceedings.
; and
d
for paragraph (6) there shall be substituted the following paragraph —
6
Where an application for leave to appeal against a decision of an appeal tribunal is made —
a
if the person who constituted, or was the chairman of, the appeal tribunal when the decision was given was a fee-paid legally qualified panel member, the application may be determined by a salaried legally qualified panel member; or
b
if it is impracticable, or it would be likely to cause undue delay, for the application to be determined by whoever constituted, or was the chairman of, the appeal tribunal when the decision was given, the application may be determined by another legally qualified panel member.
.
21
In Schedule 2 (decisions against which no appeal lies) —
a
for paragraph 5 (claims and payments) there shall be substituted the following paragraph —
5
A decision, being a decision of the Secretary of State unless specified below as a decision of the Board, under the following provisions of the Claims and Payments Regulations —
a
regulation 4 (decision of the Secretary of State or the Board as to making a claim for benefit);
b
regulation 4A(3) (sufficiency of a claim at office displaying the ONE logo if claim not on approved form);
c
regulation 6(4AA) (accepting properly completed claim for jobseeker’s allowance after claimant attends a place to make claim);
d
regulation 6(4AB) (accepting properly completed claim for jobseeker’s allowance up to one month after notification of intent to claim);
e
regulation 6(8) and (9) (specifying time for properly completing and submitting claim for disability living allowance or attendance allowance);
f
regulation 7 (decision by the Secretary of State or the Board as to evidence and information required);
g
regulation 9 and Schedule 1 (decision by the Secretary of State or the Board as to interchange of claims with claims for other benefits);
h
regulation 11 (treating claim for maternity allowance as claim for incapacity benefit);
i
regulation 15(7) (approving form of particulars required for determination of retirement pension questions in advance of claim);
j
regulations 20 to 24 (decision by the Secretary of State or the Board as to the time or manner of payments);
k
regulation 25(1) (intervals of payment of attendance allowance and disability living allowance where claimant is expected to return to hospital);
l
regulation 26 (manner and time of payment of income support);
m
regulation 26A (time and intervals of payment of jobseeker’s allowance);
n
regulation 27(1) and (1A) (decision by the Board as to manner and time of payment of tax credits);
o
regulation 30 (decision by the Secretary of State or the Board as to claims or payments after death of claimant);
p
regulation 30A (payment of arrears of joint-claim jobseeker’s allowance where nominated person can no longer be traced);
q
regulation 31 (time and manner of payments of industrial injuries gratuities);
r
regulation 32 (decision by the Secretary of State or the Board as to information to be given when obtaining payment of benefit);
s
regulation 33 (appointments by the Secretary of State or the Board where person unable to act);
t
regulation 34 (decision by the Secretary of State or the Board as to paying another person on the beneficiary’s behalf);
u
regulation 34A(1) (payment, out of benefit, of mortgage interest to qualifying lender);
v
regulation 35(2) (payment to third person of maternity expenses or expenses for heating in cold weather);
w
regulation 36 (decision by the Secretary of State or the Board to pay partner as alternative payee);
x
regulation 38 (decision by the Secretary of State or the Board as to the extinguishment of right to payment of sums by way of benefit where payment not obtained within the prescribed period, except a decision under paragraph (2A) (payment request after expiration of prescribed period));
y
regulations 42 to 46 (mobility component of disability living allowance and disability living allowance for children);
z
regulation 47(2) and (3) (return of instruments of payment etc. to the Secretary of State or the Board).
; and
b
after paragraph 19 there shall be inserted the following paragraph —
Loss of Benefit for Breach of Community Order
19A
A decision of the Secretary of State that a relevant benefit shall not be payable or shall be reduced in accordance with a determination of a court made under section 62(1) of the Child Support, Pensions and Social Security Act 2000 where the only ground of appeal is that the court’s determination was made in error.
.
22
In Schedule 3 (qualifications of persons appointed to the panel) in paragraph 4 (financial qualifications) after sub-paragraph (c) there shall be inserted the following sub-paragraph —
cc
the Institute of Certified Public Accountants in Ireland;
.
Amendment of the Housing Benefit (Decisions and Appeals) Regulations
23
In regulation 1(2) of the Housing Benefit (Decisions and Appeals) Regulations (interpretation) —
a
in the definition of “financially qualified panel member”, after paragraph (c) there shall be inserted the following paragraph —
cc
the Institute of Certified Public Accountants in Ireland;
; and
b
in the definition of “official error”, for paragraph (b) there shall be substituted the following paragraph —
b
an officer of —
i
the Department for Work and Pensions; or
ii
the Commissioners of Inland Revenue,
acting as such;
.
24
In regulation 4 of the Housing Benefit (Decisions and Appeals) Regulations (revision of decisions) at the beginning of paragraph (1)(a) there shall be inserted the words “subject to regulation 10A(3),”.
25
After regulation 10 of the Housing Benefit (Decisions and Appeals) Regulations there shall be inserted the following regulation —
Correction of accidental errors
10A
1
Accidental errors in a relevant decision, or a revised decision, or the record of such a decision, may be corrected by the relevant authority at any time.
2
A correction made to a relevant decision, or a revised decision, or the record of such a decision, shall be deemed to be part of the decision, or of that record, and the relevant authority shall give a written notice of the correction as soon as practicable to the claimant.
3
In calculating the time within which an application can be made under regulation 4(1)(a) for a relevant decision to be revised, or the time within which an appeal may be brought under regulation 18(1), there shall be disregarded any day falling before the day on which notice was given of a correction of the decision or to the revision or record thereof under paragraph (2).
.
26
In regulation 18 of the Housing Benefit (Decisions and Appeals) Regulations (time within which an appeal is to be brought) in paragraph (1) for the word “regulation” there shall be substituted the words “regulations 10A(3) and”.
27
In regulation 19 of the Housing Benefit (Decisions and Appeals) Regulations (late appeals) —
a
at the end of paragraph (3) there shall be added the words “, except that where the relevant authority considers that the conditions in paragraphs (5)(b) to (9) are satisfied the relevant authority may grant the application.”;
b
for paragraph (5) there shall be substituted the following paragraph —
5
An application for an extension of time shall not be granted unless —
a
the panel member is satisfied that, if the application is granted, there are reasonable prospects that the appeal will be successful; or
b
the panel member or the relevant authority, as the case may be, is satisfied that it is in the interests of justice for the application to be granted.
;
c
in paragraph (6) after the words “panel member” there shall be inserted the words “or the relevant authority, as the case may be,”; and
d
in paragraph (8) for the words “the panel member shall have regard” there shall be substituted the words “regard shall be had”.
28
In regulation 23 of the Housing Benefit (Decisions and Appeals) Regulations (procedure in connection with appeals) —
a
in paragraph (1) for the words “in force on the date these Regulations are made” there shall be substituted the words “amended by the Social Security and Child Support (Decisions and Appeals) (Miscellaneous Amendments) Regulations 2002 ”; and
b
in paragraph (3)(f)(i) for the word “and” in the first two places where it occurs there shall be substituted the word “or”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th May 2002
Tim Flesher
Nick Montagu
Two of the Commissioners of Inland Revenue
15th May 2002
I concur
Signed by authority of the Lord Chancellor.
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
15th May 2002


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (School Performance Targets) (England) (Amendment) (No. 2) Regulations 2002 and shall come into force on 1st September 2002.
2
In these Regulations, “the principal Regulations ” means the Education (School Performance Targets) (England) Regulations 1998 .
Amendment
3
The principal Regulations shall be amended as follows.
4
In regulation 2 (Interpretation) —
a
in the definition of “NC tests” the words “mathematics or science” shall be omitted and the words “mathematics, science or information and communication technology” substituted;
b
after the definition of “second key stage pupils” there shall be inserted the following —
“teacher assessment” means assessment by a teacher, made in accordance with the Education (National Curriculum) (Key Stage 3 Assessment Arrangements) (England) Order 1999;
; and
c
in the definition of “vocational qualification” there shall be omitted —
i
the comma after the words “RSA Examinations”, and
ii
the words “and approved by the Secretary of State under section 400 of the 1996 Act or section 37 of the 1997 Act”.
5
1
In paragraph (2) of regulation 3A (Targets for pupils in the third key stage), after the words “administered” there shall be inserted “or, where sub-paragraph (d)(ii) of paragraph (3) below applies, in teacher assessments to be made,”.
2
In paragraph (3) of regulation 3A —
a
for the words “such tests”, wherever they appear, there shall be substituted “NC tests”;
b
at the end of sub-paragraph (b) the word “and” shall be omitted; and
c
in sub-paragraph (c), after the word “science” there shall be inserted —
; and
the percentage of the relevant group of third key stage pupils to achieve level 5 or above —
in NC tests in information and communication technology, or
where such NC tests are not in place, in teacher assessments of information and communication technology
.
6
In sub-paragraph (5)(aa) of regulation 6 (Publication of performance information) —
a
at the end of paragraph (ii) the word “and” shall be omitted;
b
after paragraph (iii) there shall be inserted —
iv
the percentage of registered pupils at or near the end of the final year of the third key stage who achieved level 5 or above in NC tests in information and communication technology, or, where such NC tests are not in place, in teacher assessments of information and communication technology; and
.
David Miliband
Minister of State,
Department for Education and Skills
8th August 2002


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Doncaster Health Authority ;
“the new Trust” means the Doncaster and South Humber Healthcare National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 3rd September 2001 and on behalf of the new Trust on 4th September 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
1
This Order may be cited as the A40 London to Fishguard Trunk Road (M40 Junction 8 to A44 Wolvercote Roundabout) (Detrunking) Order 2002, and shall come into force on 30 March 2002.
2
In this Order —
i
“principal” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A40 London to Fishguard Trunk Road (A40)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Oxfordshire County Council that they will become the highway authority responsible for that length of road.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
A Divisional Director Highways Agency
4 February 2002


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Cairngorm Funicular Railway) Exemption Order 2002 and shall come into force on 3rd April 2002.
Interpretation
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Application
3
This Order applies to the rail vehicles which are numbered 1 and 2 (“the exempted vehicles”) as manufactured by Carrosserie Gangloff AG for use by Cairngorm Mountain Limited.
Exemption
4
1
Subject to articles 5 and 7, the exempted vehicles are hereby authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).
2
The provisions with which the exempted vehicles are not required to conform are —
a
regulation 4(1); and
b
regulation 13(2)(a).
5
It is a condition of the exemption given by article 4(2)(a) that the floor surface of the passenger compartment of an exempted vehicle shall contrast, in respect of the amount of light reflected by it, with the surface of the platform adjacent to that floor surface when the vehicle is stationary at Base and Ptarmigan stations.
Expiry
6
The exemptions given by article 4(2) shall cease at the end of 31st December 2011.
7
The authorisation given by article 4(1) shall cease immediately in respect of an exempted vehicle which —
a
is operated by a person other than Cairngorm Mountain Limited, unless the Secretary of State has been given written notice in advance specifying the name and address of that other person; or
b
is not operated on the Cairngorm Funicular Railway in Inverness-shire.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
8th March 2002


text:
1
This Order may be cited as the Schedule 7 to the Terrorism Act 2000 (Information) Order 2002 and shall come into force on the expiry of the period of one month beginning with the day on which this Order is made.
2
The information listed in the Schedule to this Order is hereby prescribed for the purposes of paragraph 17(4) of Schedule 7 to the Terrorism Act 2000.
Beverley Hughes
Minister of State
Home Office
22nd July 2002


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