text:
Citation and commencement
1
1
This Order may be cited as the District of North Dorset (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 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of North Dorset;
“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 District of North Dorset (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 North Dorset District Council.
Wards of the district of North Dorset
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-eight wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, 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 the number specified in respect of the ward in column (3) of that Schedule.
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.
Wards of the parish of Blandford Forum
4
1
The existing wards of the parish of Blandford Forum shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Blandford Damory Down, Blandford Hilltop, Blandford Langton St Leonards, Blandford Old Town and Blandford Station; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for the Blandford Damory Down, Blandford Hilltop, Blandford Langton St Leonards and Blandford Station parish wards shall be three and for the Blandford Old Town parish ward shall be four.
Wards of the parish of Gillingham
5
1
The existing wards of the parish of Gillingham shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Shaftesbury
6
1
The existing wards of the parish of Shaftesbury shall be abolished.
2
The parish shall be divided into four parish wards that shall bear the names Shaftesbury Central, Shaftesbury Christy's, Shaftesbury Grosvenor and Shaftesbury Underhill; each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be three.
Maps
7
North Dorset District Council shall make a print of the map marked “Map referred to in the District of North Dorset (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the district 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
9
The District of North Dorset (Electoral Arrangements) Order 1980 is revoked, save for article 4.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
22nd August 2002
Glyn Mathias
Commissioner
21st August 2002
Neil McIntosh
Commissioner
28th August 2002
Karamjit Singh
Commissioner
28th August 2002
Sam Younger
Commissioner
28th August 2002
Graham Zellick
Commissioner
28th August 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Merseyrail Electrics Network Order 2002 and shall come into force on 20th July 2003.
Interpretation
2
In this Order —
“the 1993 Act ” means the Railways Act 1993;
“the Merseyrail Electrics network ” means the network incorporating railway lines which run exclusively along the routes specified in the Schedule and which is used for the support, guidance and operation of trains serving exclusively those routes;
“network maintenance depot” means a light maintenance depot which is used for the provision of light maintenance services which relate principally to locomotives and other rolling stock used exclusively in connection with railway passenger services provided on the Merseyrail Electrics network; and
“network station” means a station at which the only regular railway passenger services which are provided operate exclusively on the Merseyrail Electrics network.
Franchise Exemption
3
Exemption from designation under section 23(1) of the 1993 Act (designation of passenger services as being subject to franchising) is hereby granted to persons providing railway passenger services on the Merseyrail Electrics network in respect of every railway passenger service provided exclusively on that network.
Disapplication of closure provisions
4
1
Every railway passenger service which operates exclusively on the Merseyrail Electrics network is hereby designated as a service in relation to which section 37 of the 1993 Act (discontinuance of non-franchised etc. passenger services) is not to have effect.
2
The Merseyrail Electrics network is hereby designated as a network in relation to which section 39 of the 1993 Act (closure of operational passenger networks) is not to have effect.
3
Every network station and every network maintenance depot is hereby designated as a station or light maintenance depot in relation to which section 41 of the 1993 Act (closure of railway facilities used in connection with passenger services) is not to have effect.
Application of alternative closure provisions
5
Every railway passenger service which operates exclusively on the Merseyrail Electrics network is hereby designated as a service in relation to which Schedule 5 to the 1993 Act (alternative closure procedure) is to have effect.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
18th July 2002


text:
Name and Commencement
1
1
This Order is called the Rhondda Cynon Taff and Vale of Glamorgan (Llanharry, Pont-y-clun, Penllyn, Welsh St Donats and Pendoylan) Order 2002.
2
This Order shall come into force on 6th April 2002, which is the appointed day for the purposes of the Regulations, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this Order shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the boundary map” (“ y map ffiniau ”) means the map prepared by the National Assembly for Wales and marked “Map of the Rhondda Cynon Taff and Vale of Glamorgan (Llanharry, Pont-y-Clun, Penllyn, Welsh St Donats and Pendoylan) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 as amended ;
“Rhondda Cynon Taff” (“ Rhondda Cynon Taf ”) means the County Borough of Rhondda Cynon Taff;
“the Vale of Glamorgan” (“ Bro Morgannwg ”) means the County Borough of the Vale of Glamorgan.
Changes In Community Areas
3
The part of Rhondda Cynon Taff which is in the community of Llanharry and is shown cross-hatched in black on the boundary map shall be separated from that county borough and community and shall form part of the community of Penllyn in the Vale of Glamorgan.
Signed on behalf of the National Assembly for Wales
Edwina Hart
Minister for Finance, Local Government and Communities
5th March 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the the Tax Credits (Miscellaneous Amendments No. 4) Regulations 2002 and shall come into force on 23rd July 2002.
2
Regulations 3 to 9 have effect in relation to award periods of working families' tax credit commencing on or after 23rd July 2002.
3
Regulations 10 and 11 have effect in relation to award periods of disabled person’s tax credit commencing on or after 23rd July 2002.
4
Regulations 12 and 13 have effect in relation to claims for working families' tax credit made on or after 23rd July 2002; and a claim for working families' tax credit made after 23rd July 2002 but before 22nd August 2002 by a Crown servant posted overseas at the date of claim, or by his partner where the Crown servant is posted overseas at the date of the claim, shall be treated as having been made on 23rd July 2002.
Interpretation
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“Crown servant posted overseas” means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Amendments to the Family Credit Regulations
3
Amend the Family Credit Regulations as follows.
4
In regulation 2(1) after the definition of “Crown property” insert the following definition —
“Crown servant posted overseas” means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;
.
5
In regulation 2A after paragraph (c) add the following paragraph —
d
to a partner of a Crown servant posted overseas who has no national insurance number and is not a UK national.
.
6
In regulation 3 after paragraph (1) insert the following paragraph —
1ZA
A Crown servant posted overseas, or his partner, shall be treated as being in Great Britain for the duration of his posting.
.
7
In regulation 14 after paragraph (6) insert the following paragraph —
6ZA
Where at the date of claim —
a
the claimant is a Crown servant posted overseas or a partner of such a Crown servant, and
b
either or both of them has employment other than as a Crown servant which is carried on in an overseas territory,
the Board shall require either or both of them to furnish either evidence of earnings from that employment or, if that is not available, an estimate of likely earnings from that employment for the pay periods for which they will normally be paid, and normal weekly earnings shall be determined by taking account of that evidence or estimate.
.
8
In regulation 20 —
a
in paragraph (3) after the words “paragraph (4)” insert “or (4A)”;
b
after paragraph (4) insert the following paragraph —
4A
Where earnings are estimated under paragraph (6ZA) of regulation 14 (normal weekly earnings of employed earner in overseas territory), net earnings shall be calculated by taking into account those earnings over the period in respect of which the estimate is made, less —
a
the amount (if any) of income tax deducted in respect of those earnings in accordance with the laws of the overseas territory concerned,
b
the amount (if any) of social security contributions deducted in respect of those earnings in accordance with those laws, and
c
one half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.
.
9
In regulation 46A —
a
in paragraph (2) in the definition of “relevant childcare charges” after sub-paragraph (h) insert
or
i
by a child care provider approved by an accredited organisation in accordance with regulation 4 of the Tax Credit (New Category of Child Care Provider) Regulations 2002 ,
b
in paragraph (6C) for “26” substitute “the number of weeks of the award”.
Amendment to the Disability Working Allowance Regulations
10
Amend the Disability Working Allowance Regulations as follows.
11
In regulation 51A(6C) for “26” substitute “the number of weeks of the award”.
Amendments to the Claims and Payments Regulations
12
Amend the Claims and Payments Regulations as follows.
13
In regulation 2(1) —
a
in the definition of “appropriate office” add at the end “or, in the case of a Crown servant posted overseas or his partner, a Regimental Administrative Office, Unit Personnel Office, Personnel Management Squadron Office, British Embassy, High Commission or Consulate.”;
b
after the definition of “Contributions and Benefits Act” insert the following definition —
“Crown servant posted overseas” means a person performing the duties of any office or employment under the Crown in right of the United Kingdom who is, or was prior to his posting, ordinarily resident in the United Kingdom;
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 2002
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
27th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Surrey 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 North Surrey 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 North Surrey 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:
1
This Order may be cited as the Value Added Tax (Drugs, Medicines, Aids for the Handicapped and Charities Etc) Order 2002 and comes into force on 5th December 2002.
2
Amend Schedule 8 to the Value Added Tax Act 1994 (zero-rating) as follows.
3
In Note (5H) in Group 12 (drugs, medicines, aids for the handicapped, etc ) for paragraph (a) substitute —
a
a Strategic Health Authority or Special Health Authority in England;
aa
a Health Authority, Special Health Authority or Local Health Board in Wales;
.
4
In Note (4) in Group 15 (charities etc) for paragraph (a) substitute —
a
a Strategic Health Authority or Special Health Authority in England;
aa
a Health Authority, Special Health Authority or Local Health Board in Wales;
.
John Heppell and
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
14th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Derbyshire 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 North Derbyshire Health Authority ;
“the new Trust” means the Chesterfield 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 both the old Trust and the new Trust on 28th November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
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 Rochdale Primary Care Trust (Establishment) Order 2002 and shall come into force on 23rd 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 Rochdale 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 23rd January 2002 a Primary Care Trust to be called the Rochdale 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;
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Bury and Rochdale 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 available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Rochdale Healthcare 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th January 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Disclosure of Information) Amendment Regulations 2002 and shall come into force on 6th April 2003.
2
In these Regulations —
“the 1987 Regulations ” means the Personal Pension Schemes (Disclosure of Information) Regulations 1987 ;
“the 1996 Regulations ” means the Occupational Pension Schemes (Disclosure of Information) Regulations 1996 ; and
“the 2000 Regulations ” means the Stakeholder Pension Schemes Regulations 2000 .
Amendment of the 1987 Regulations
2
1
The 1987 Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(2) (interpretation) —
a
after the definition of “beneficiary” there shall be inserted the following definition —
‘contracted-out employment’ shall be construed in accordance with section 8 of the Act ;
;
b
after the definition of “excluded person” there shall be inserted the following definition —
‘illustration date’ means, in relation to any information provided, or to be provided, under paragraph 2A(1) of Schedule 2, the date specified by the trustees as the date by reference to which amounts are calculated for the purpose of providing the information;
;
c
after the definition of “member” there shall be inserted the following definitions —
‘non-contributing member’ means a member in respect of whom no further contributions to the scheme are due or expected after the illustration date;
‘pension credit’ means a credit under section 29(1)(b) of the Welfare Reform and Pensions Act 1999 ;
; and
d
after the definition of “pensionable age” there shall be inserted the following definitions —
‘the relevant guidance’ means the document entitled “Technical Memorandum TM1: Statutory Money Purchase Illustrations” which —
is published, and from time to time revised, by the Faculty of Actuaries and the Institute of Actuaries ; and
is for the time being approved by the Secretary of State;
‘retirement date’ means, in relation to a member —
the date which he has specified to the trustees, and which is acceptable under the rules of the scheme, for the purpose of paragraph 2A(1) of Schedule 2; or
where no acceptable date has been specified for that purpose, the date specified by the trustees as being the appropriate date for the purpose of paragraph 2A(1);
.
3
In regulation 5 (information to be made available to individuals) —
a
in paragraph (2) after the words “Schedule 2” there shall be inserted the words “and, subject to paragraph (2A) below, the information mentioned in paragraph 2A of that Schedule”;
b
after paragraph (2) there shall be inserted the following paragraphs —
2A
The requirement under paragraph (2) above to furnish the information mentioned in paragraph 2A of Schedule 2 shall not apply —
a
in respect of a person who is in receipt of pension benefits under the scheme; or
b
where the specified date referred to in paragraph 2(a) of Schedule 2 is not more than 2 years before the date which is the member’s retirement date for the purpose of paragraph 2A of Schedule 2; or
c
where, in relation to the member —
i
the value, determined by reference to the relevant guidance, of his accrued rights to money purchase benefits under the scheme was less than £5,000 on the illustration date in respect of which such information was last furnished to him;
ii
no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf in respect of money purchase benefits since that date; and
iii
the trustees previously gave notice to the member that no further such information would be furnished to him unless further contributions to the scheme in respect of money purchase benefits had first been made by him or on his behalf; or
d
where, in relation to the member —
i
the value, determined by reference to the relevant guidance, of his accrued rights to money purchase benefits under the scheme is less than £5,000 on the first illustration date falling after 5th April 2003;
ii
no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf after 5th April 2003; and
iii
no further contributions are, in the opinion of the trustees, likely to be made to the scheme by him or on his behalf after that illustration date; or
e
where the specified date referred to in paragraph 2(a) of Schedule 2 is before 6th April 2003.
2B
Where paragraph (2A) applies but the trustees of the scheme nevertheless choose to furnish the information described in paragraph 2A(1) of Schedule 2 and the amount comprising that information is calculated in accordance with sub-paragraphs (2) to (5) of that paragraph, then that information shall be accompanied by the additional information specified in sub-paragraph (6)(a) and (c) to (k) of that paragraph as if the information had been provided under sub-paragraph (1) of that paragraph.
.
4
In Schedule 2 (information to be made available to individuals), after paragraph 2 there shall be inserted the following paragraph —
2A
1
The information to be provided under this sub-paragraph is an illustration of the amount, calculated in accordance with sub-paragraphs (2) to (5), of the pension an entitlement to which would be likely to accrue to the member, or be capable of being secured by him, at his retirement date in respect of rights that may arise under the scheme.
2
The amount referred to in sub-paragraph (1) above shall be determined by reference to —
a
the relevant guidance; and
b
the assumptions about contributions specified in sub-paragraph (3) and about annuities specified in sub-paragraphs (4) and (5), and such other assumptions as may be specified for the purpose in the relevant guidance,
having regard to the value of the member’s accrued rights to money purchase benefits under the scheme on the illustration date.
3
The assumptions about contributions referred to in sub-paragraph (2)(b) above are —
a
where the calculation relates to the rights of a non-contributing member, that no contributions will be made to the scheme by him or on his behalf after the illustration date; and
b
in any other case, that, until the member’s retirement date —
i
contributions to the scheme will be made by him or on his behalf;
ii
the treatment of the scheme under sections 639 to 646A of the Income and Corporation Taxes Act 1988 as for the time being in force will continue; and
iii
where a member is in contracted-out employment, sums will continue to be paid by the Commissioners of Inland Revenue in respect of him under section 43 of the Act (payment of minimum contributions to personal pension schemes) in the amounts to be determined by reference to the relevant guidance.
4
The assumptions about annuities referred to in sub-paragraph (2)(b) above are —
a
that the rate of pension is to be increased annually by the relevant percentage for the time being specified in the relevant guidance; and
b
that, subject to sub-paragraph (5) below, irrespective of whether or not the member is married at the time when the information referred to in sub-paragraph (1) above is furnished, the annuity will include provision for the payment, to a surviving spouse of the member, of a pension of an amount equal to one half of the pension which was payable to him immediately before his death.
5
Sub-paragraph (4)(b) above does not apply where —
a
the trustees decide to use a different assumption in substitution for that specified in sub-paragraph (4)(b) on the basis that the scheme records indicate that the member is not married; or
b
the trustees and the member agree to use a different assumption.
6
The additional information which is to accompany the information provided under sub-paragraph (1) above is —
a
a statement to the effect that the information provided under that sub-paragraph is provided only for the purposes of illustration, that it does not represent any promise or guarantee as to the amount of benefit which may be receivable by the member or a beneficiary under the scheme, and that it should not be regarded as the only consideration by reference to which the member should make decisions as to his pension arrangements;
b
a statement to the effect that the provision of the information mentioned in that sub-paragraph is required by law;
c
a statement specifying the means by which the person to whom the information relates may obtain from the trustees further information about the information provided under sub-paragraph (1) above;
d
a statement to the effect that the information has been prepared by reference to the assumptions required by this paragraph or specified in the relevant guidance;
e
a statement to the effect that certain general assumptions have been made about the nature of the investments made for the purposes of that person’s money purchase benefits and their likely performance, which may not correspond with the investments actually made for those purposes, or their actual performance;
f
a statement to the effect that the amount referred to in sub-paragraph (1) above is expressed in today’s prices;
g
a statement to the effect that the actual amount of any pension payable to that person or beneficiary under the scheme will depend on considerations, including the actual performance of investments and the cost of buying an annuity at the time the pension becomes payable, which may be different from the assumptions made for the purpose of providing the information under sub-paragraph (1) above;
h
a statement specifying any assumptions made in relation to future contributions to the scheme;
i
a statement of the assumptions made in accordance with sub-paragraphs (3)(b)(iii) and (4) above, or as mentioned in sub-paragraph (5) above;
j
a statement of the member’s retirement date for the purpose of sub-paragraph (1) above; and
k
a statement of the illustration date used for the purpose of calculating the amount referred to in sub-paragraph (1) above.
.
Amendment of the 1996 Regulations
3
1
The 1996 Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(2) (interpretation) —
a
after the definition of “beneficiary” there shall be inserted the following definition —
‘contracted-out employment’ shall be construed in accordance with section 8 of the 1993 Act;
;
b
after the definition of “funded” there shall be inserted the following definition —
‘illustration date’ means, in relation to any information provided, or to be provided, under paragraph 6ZA(1) of Schedule 2, the date specified by the trustees as the date by reference to which amounts are calculated for the purpose of providing the information;
;
c
after the definition of “relevant employment” there shall be inserted the following definition —
‘the relevant guidance’ means the document entitled “Technical Memorandum TM1: Statutory Money Purchase Illustrations” which —
is published, and from time to time revised, by the Faculty of Actuaries and the Institute of Actuaries; and
is for the time being approved by the Secretary of State;
; and
d
after the definition of “request” there shall be inserted the following definition —
‘retirement date’ means, in relation to a member —
the date which he has specified to the trustees, and which is acceptable under the rules of the scheme, for the purpose of paragraph 6ZA(1) of Schedule 2; or
where no acceptable date has been specified for that purpose, the date specified by the trustees as being the appropriate date for the purpose of paragraph 6ZA(1);
.
3
In regulation 5 (information to be made available to individuals) —
a
in paragraph (5) —
i
after the words “regulation 2” there shall be inserted the words “and paragraph (5ZA) below”; and
ii
for the words “paragraphs 5, 6 and 6AA” there shall be substituted the words “paragraphs 5 to 6AA”;
b
after paragraph (5) there shall be inserted the following paragraphs —
5ZA
The requirement under paragraph (5) above to furnish the information mentioned in paragraph 6ZA of Schedule 2 shall not apply —
a
in respect of a person who is in receipt of pension benefits under the scheme; or
b
where the specified date referred to in paragraph 6(a)(ii) of Schedule 2 is not more than 2 years before the date which is the member’s retirement date for the purpose of paragraph 6ZA of Schedule 2; or
c
where, in relation to the member —
i
the value, determined by reference to the relevant guidance, of his accrued rights to money purchase benefits under the scheme was less than £5,000 on the illustration date in respect of which such information was last furnished to him;
ii
no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf in respect of money purchase benefits since that date; and
iii
the trustees previously gave notice to the member that no further such information would be furnished to him unless further contributions to the scheme in respect of money purchase benefits had first been made by him or on his behalf; or
d
where, in relation to the member —
i
the value, determined by reference to the relevant guidance, of his accrued rights to money purchase benefits under the scheme is less than £5,000 on the first illustration date falling after 5th April 2003;
ii
no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf after 5th April 2003; and
iii
no further contributions are, in the opinion of the trustees, likely to be made to the scheme by him or on his behalf after that illustration date; or
e
where —
i
the member’s benefit is calculated by reference to the greater of the result of a money purchase and a defined benefit formula; and
ii
in the opinion of the trustees, the benefit calculated in accordance with a money purchase formula is not likely to affect the pension payable; or
f
where the specified date referred to in paragraph 6(a)(ii) of Schedule 2 is before 6th April 2003.
5ZB
For the purposes of paragraph (5ZA) a scheme which provides additional money purchase benefits by virtue of the payment by the member of voluntary contributions shall be regarded as a separate scheme from any other part of that scheme.
5ZC
Where paragraph (5ZA) applies but the trustees of the scheme nevertheless choose to furnish the information described in paragraph 6ZA(1) of Schedule 2 and the amount comprising that information is calculated in accordance with sub-paragraphs (2) to (5) of that paragraph, then that information shall be accompanied by the additional information specified in sub-paragraph (6)(a) and (c) to (k) of that paragraph as if the information had been provided under sub-paragraph (1) of that paragraph.
.
4
In Schedule 2 (information to be made available to individuals), after paragraph 6 there shall be inserted the following paragraph —
6ZA
1
The information to be provided under this sub-paragraph is an illustration of the amount, calculated in accordance with sub-paragraphs (2) to (5), of the pension an entitlement to which would be likely to accrue to the member, or be capable of being secured by him, at his retirement date in respect of rights to money purchase benefits that may arise under the scheme.
2
The amount referred to in sub-paragraph (1) above shall be determined by reference to —
a
the relevant guidance; and
b
the assumptions about contributions specified in sub-paragraph (3) and about annuities specified in sub-paragraphs (4) and (5), and such other assumptions as may be specified for the purpose in the relevant guidance,
having regard to the value of the member’s accrued rights to money purchase benefits under the scheme on the illustration date.
3
The assumptions about contributions referred to in sub-paragraph (2)(b) above are —
a
where the calculation relates to the rights of a deferred member, that no contributions will be made to the scheme by him or on his behalf after the illustration date; or
b
where the calculation relates to the rights of a member who is in pensionable service under the scheme, that, until the member’s retirement date —
i
contributions to the scheme will be made by him or on his behalf;
ii
the treatment of the scheme under sections 592 to 594 or, as the case may be, 639 to 646A of the Income and Corporation Taxes Act 1988 as for the time being in force will continue; and
iii
where a member is in contracted-out employment, sums will continue to be paid by the Commissioners of Inland Revenue in respect of him under section 42A(3) of the 1993 Act (rebates) in the amounts to be determined by reference to the relevant guidance.
4
The assumptions about annuities referred to in sub-paragraph (2)(b) above are —
a
that the rate of pension is to be increased annually by the relevant percentage for the time being specified in the relevant guidance; and
b
that, subject to sub-paragraph (5) below, irrespective of whether or not the member is married at the time when the information referred to in sub-paragraph (1) above is furnished, the annuity will include provision for the payment, to a surviving spouse of the member, of a pension of an amount equal to one half of the pension which was payable to him immediately before his death.
5
Sub-paragraph (4)(b) above does not apply where —
a
the trustees decide to use a different assumption in substitution for that specified in sub-paragraph (4)(b) on the basis that the scheme records indicate that the member is not married; or
b
the trustees and the member agree to use a different assumption.
6
The additional information which is to accompany the information provided under sub-paragraph (1) above is —
a
a statement to the effect that the information provided under that sub-paragraph is provided only for the purposes of illustration, that it does not represent any promise or guarantee as to the amount of benefit which may be receivable by the member or a beneficiary under the scheme, and that it should not be regarded as the only consideration by reference to which the member should make decisions as to his pension arrangements;
b
a statement to the effect that the provision of the information mentioned in that sub-paragraph is required by law;
c
a statement specifying the means by which the person to whom the information relates may obtain from the trustees further information about the information provided under sub-paragraph (1) above;
d
a statement to the effect that the information has been prepared by reference to the assumptions required by this paragraph or specified in the relevant guidance;
e
a statement to the effect that certain general assumptions have been made about the nature of the investments made for the purposes of that person’s money purchase benefits and their likely performance, which may not correspond with the investments actually made for those purposes, or their actual performance;
f
a statement to the effect that the amount referred to in sub-paragraph (1) above is expressed in today’s prices;
g
a statement to the effect that the actual amount of any pension payable to that person or beneficiary under the scheme will depend on considerations, including the actual performance of investments and the cost of buying an annuity at the time the pension becomes payable, which may be different from the assumptions made for the purpose of providing the information under sub-paragraph (1) above;
h
a statement specifying any assumptions made in relation to future contributions to the scheme;
i
a statement of the assumptions made in accordance with sub-paragraphs (3)(b)(iii) and (4) above, or as mentioned in sub-paragraph (5) above;
j
a statement of the member’s retirement date for the purpose of sub-paragraph (1) above; and
k
a statement of the illustration date used for the purpose of calculating the amount referred to in sub-paragraph (1) above.
.
Amendment of the 2000 Regulations
4
1
In regulation 1(3) (interpretation) of the 2000 Regulations —
a
after the definition of “beneficiary” there shall be inserted the following definition —
‘contracted-out employment’ shall be construed in accordance with section 8 of the 1993 Act;
;
b
after the definition of “dilution levy” there shall be inserted the following definition —
‘illustration date’ means, in relation to any information provided, or to be provided, under regulation 18(5B), the date specified by the trustees or manager as the date by reference to which amounts are calculated for the purpose of providing the information;
;
c
after the definition of “minimum payments” there shall be inserted the following definition —
‘non-contributing member’ means —
in relation to an occupational pension scheme, a member who is neither in pensionable service under the scheme nor entitled to the present payment of benefits under the scheme;
in relation to a personal pension scheme, a member in respect of whom no further contributions to the scheme are due or expected after the illustration date;
;
d
after the definition of “qualifying scheme” there shall be inserted the following definition —
‘the relevant guidance’ means the document entitled “Technical Memorandum TM1: Statutory Money Purchase Illustrations” which —
is published, and from time to time revised, by the Faculty of Actuaries and the Institute of Actuaries; and
is for the time being approved by the Secretary of State;
; and
e
after the definition of “reporting accountant” there shall be inserted the following definition —
‘retirement date’ means, in relation to a member —
the date which he has specified to the trustees or manager, and which is acceptable under the rules of the scheme, for the purpose of regulation 18(5B); or
where no acceptable date has been specified for that purpose, the date specified by the trustees or manager as being the appropriate date for the purpose of regulation 18(5B);
.
2
Regulation 18 of the 2000 Regulations (disclosure of information to members) shall be amended in accordance with the following paragraphs of this regulation.
3
After paragraph (2) there shall be inserted the following paragraphs —
2A
Subject to paragraph (2B), a statement provided under paragraph (2) shall contain also the information mentioned in paragraph (5B).
2B
The requirement under paragraph (2A) above to furnish the information mentioned in paragraph (5B) shall not apply —
a
in respect of a person who is in receipt of pension benefits under the scheme; or
b
where the last day of the statement year referred to in paragraph (5)(b)(i) below is not more than 2 years before the date which is the member’s retirement date for the purpose of paragraph (5B); or
c
where, in relation to the member —
i
the value, determined by reference to the relevant guidance, of his accrued rights to money purchase benefits under the scheme was less than £5,000 on the illustration date in respect of which such information was last furnished to him;
ii
no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf in respect of money purchase benefits since that date; and
iii
the trustees or manager previously gave notice to the member that no further such information would be furnished to him unless further contributions to the scheme in respect of money purchase benefits had first been made by him or on his behalf; or
d
where, in relation to the member —
i
the value, determined by reference to the relevant guidance, of his accrued rights to money purchase benefits under the scheme is less than £5,000 on the first illustration date falling after 5th April 2003;
ii
no contributions, including transfers of pension rights or pension credits, have been made to the scheme by him or on his behalf after 5th April 2003; and
iii
no further contributions are, in the opinion of the trustees or manager, likely to be made to the scheme by him or on his behalf after that illustration date; or
e
where the last day of the statement year referred to in paragraph (5)(b)(i) below is before 6th April 2003.
2C
Where paragraph (2B) applies but the trustees or manager of the scheme nevertheless choose to furnish the information described in paragraph (5B) and the amount comprising that information is calculated in accordance with paragraphs (5C) to (5F), then that information shall be accompanied by the additional information specified in paragraph (5G)(a) and (c) to (k) as if the information had been provided under paragraph (5B).
.
4
After paragraph (5A) there shall be inserted the following paragraphs —
5B
The information referred to in paragraph (2A) is an illustration of the amount, calculated in accordance with paragraphs (5C) to (5F), of the pension an entitlement to which would be likely to accrue to the member, or be capable of being secured by him, at his retirement date in respect of rights that may arise under the scheme.
5C
The amount referred to in paragraph (5B) above shall be determined by reference to —
a
the relevant guidance; and
b
the assumptions about contributions specified in paragraph (5D) and about annuities specified in paragraphs (5E) and (5F), and such other assumptions as may be specified for the purpose in the relevant guidance,
having regard to the value of the member’s accrued rights to money purchase benefits under the scheme on the illustration date.
5D
The assumptions about contributions referred to in paragraph (5C)(b) above are —
a
where the calculation relates to the rights of a non-contributing member, that no contributions will be made to the scheme by him or on his behalf after the illustration date; and
b
in any other case, that, until the member’s retirement date —
i
contributions to the scheme will be made by him or on his behalf;
ii
the treatment of the scheme under sections 639 to 646A of the Income and Corporation Taxes Act 1988 as for the time being in force will continue; and
iii
where a member is in contracted-out employment, sums will continue to be paid by the Commissioners of Inland Revenue in respect of him under section 42A(3) (rebates) or, as the case may be, section 43 of the 1993 Act (payment of minimum contributions to personal pension schemes) in the amounts to be determined by reference to the relevant guidance.
5E
The assumptions about annuities referred to in paragraph (5C)(b) above are —
a
that the rate of pension is to be increased annually by the relevant percentage for the time being specified in the relevant guidance; and
b
that, subject to paragraph (5F) below, irrespective of whether or not the member is married at the time when the information referred to in paragraph (5B) above is furnished, the annuity will include provision for the payment, to a surviving spouse of the member, of a pension of an amount equal to one half of the pension which was payable to him immediately before his death.
5F
Paragraph (5E)(b) above does not apply where —
a
the trustees or manager decide to use a different assumption in substitution for that specified in paragraph (5E)(b) on the basis that the scheme records indicate that the member is not married; or
b
the trustees or manager, and the member agree to use a different assumption.
5G
The additional information which is to accompany the information provided under paragraph (5B) above is —
a
a statement to the effect that the information provided under that paragraph is provided only for the purposes of illustration, that it does not represent any promise or guarantee as to the amount of benefit which may be receivable by the member or a beneficiary under the scheme, and that it should not be regarded as the only consideration by reference to which the member should make decisions as to his pension arrangements;
b
a statement to the effect that the provision of the information mentioned in that paragraph is required by law;
c
a statement specifying the means by which the person to whom the information relates may obtain from the trustees or manager further information about the information provided under paragraph (5B) above;
d
a statement to the effect that the information has been prepared by reference to the assumptions required by paragraph (5C) or specified in the relevant guidance;
e
a statement to the effect that certain general assumptions have been made about the nature of the investments made for the purposes of that person’s money purchase benefits and their likely performance, which may not correspond with the investments actually made for those purposes, or their actual performance;
f
a statement to the effect that the amount referred to in paragraph (5B) above is expressed in today’s prices;
g
a statement to the effect that the actual amount of any pension payable to that person or beneficiary under the scheme will depend on considerations, including the actual performance of investments and the cost of buying an annuity at the time the pension becomes payable, which may be different from the assumptions made for the purpose of providing the information under paragraph (5B) above;
h
a statement specifying any assumptions made in relation to future contributions to the scheme;
i
a statement of the assumptions made in accordance with paragraphs (5D)(b)(iii) and (5E) above, or as mentioned in paragraph (5F) above;
j
a statement of the member’s retirement date for the purpose of paragraph (5B) above; and
k
a statement of the illustration date used for the purpose of calculating the amount referred to in paragraph (5B) above.
.
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


text:
1
This Order may be cited as The A39 Trunk Road (Portmore Roundabout to the Devon/Cornwall County Boundary) (Detrunking) Order 2002 and shall come into force on 1 July 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/OD/330 marked “A39 Trunk Road (Portmore Roundabout to the Devon/Cornwall County Boundary) (Detrunking) Order 2002” signed by authority of the Secretary of State for Transport 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
David W. Ward
Divisional Director Operations Directorate Highways Agency
26th June 2002


text:
1
This Order may be cited as the Office of Communications (Membership) Order 2002 and shall come into force on 24th December 2002.
2
The number specified in section 1(2) of the Office of Communications Act 2002 as the maximum membership for the Office of Communications shall be nine.
Patricia Hewitt,
Secretary of State for Trade and Industry
29th November 2002


text:
Citation and commencement
1
These Regulations may be cited as the Child Support (Temporary Compensation Payment Scheme) (Modification and Amendment) Regulations 2002 and shall come into force on the day after the day that they are made.
Modification of section 27(5) of the Child Support, Pensions and Social Security Act 2000
2
Section 27 of the Child Support, Pensions and Social Security Act 2000 (temporary compensation payment scheme) shall have effect as if in subsection (5) —
a
for “2002” there were substituted “2005”; and
b
for “2003” there were substituted “2006”.
Amendment of Regulations
3
In regulation 3 of the Child Support (Temporary Compensation Payment Scheme) Regulations 2000 (prescribed date) , for “2002”, there shall be substituted “2005”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16th July 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Removal and Disposal of Vehicles (England)(Amendment) Regulations 2002 and shall come into force on 9th April 2002.
2
These Regulations extend to England only.
Amendment
2
The Removal and Disposal of Vehicles Regulations 1986 shall be amended as follows.
Period before vehicle is removed for destruction
3
In regulation 10 (notice of removal for destruction), for “seven days” “substitute” “24 hours”.
Period within which owner is required to remove a vehicle before disposal
4
In regulation 14 (removal of a vehicle by the owner before disposal) for the words after “to be the owner from their custody shall be” substitute “7 days from the day when that notice is served on him”.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
19th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Avon, Gloucestershire and Wiltshire Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the Avon, Gloucestershire and Wiltshire Health Authority ;
“the new Trust” means the Gloucestershire Partnership National Health Service Trust or the Cotswold and Vale Primary Care Trust as the context requires;
“the trust property” means the property specified in the 2 schedules of trust property more specifically described in paragraphs (1) to (3) of article 2 of this Order.
Transfer of trust property
2
1
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Gloucestershire Partnership National Health Service Trust and signed on behalf of both the old Trust on 20th August 2002, and on behalf of the Gloucestershire Partnership National Health Service Trust on 29th August 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Gloucestershire Partnership National Health Service Trust.
2
On 30th September 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Cotswold and Vale Primary Care Trust and signed on behalf of the old Trust on 27th August 2002 and on behalf of the Cotswold and Vale Primary Care Trust on 30th August 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Cotswold and Vale 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
4th September 2002


text:
1
These Regulations may be cited as The Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) (Revocation) Regulations 2002 and shall come into force on 7th March 2002.
2
The following Regulations are hereby revoked:
a
The Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) Regulations 1998 .
b
The Federal Republic of Yugoslavia (Supply and Sale of Equipment) (Penalties and Licences) (Amendment) Regulations 1999 .
Nigel Griffiths
Parliamentary Under Secretary of State for Small Business and Export Control,
Department of Trade and Industry
12th February 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Care Standards Commission (Director of Private and Voluntary Health Care) Regulations 2002 and shall come into force on 15th April 2002.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“health care provider” means a person carrying on a health care undertaking;
“the Health Care Regulations ” means the Private and Voluntary Health Care (England) Regulations 2001 ;
“health care services” means medical and psychiatric treatment, palliative care and listed services;
“health care undertaking” means an independent hospital, independent clinic or independent medical agency;
“listed services” has the same meaning as in section 2 of the Act.
Functions of the director of private and voluntary health care
3
The prescribed functions of the director of private and voluntary health care are —
a
subject to Part II of the Act, and to regulations made under the Act relating to the functions of the Commission in respect of registration and inspection , to determine —
i
the procedure to be followed by the Commission when considering an application for registration under section 12 of the Act in respect of a health care undertaking; and
ii
the methodology for inspection by persons authorised by the Commission of premises used as, or for the purposes of, a health care undertaking;
b
to monitor the effectiveness of the procedure and methodology mentioned in paragraph (a) and, if necessary, to revise them;
c
to assess the Commission’s requirements for staff with expertise in matters relating to health care services, to advise the Commission accordingly and to assist the Commission in the appointment of such staff;
d
to arrange for the provision to the Commission of such additional specialist medical expertise as it may require;
e
to ensure that staff with expertise in health care services play an appropriate role in the discharge of the Commission’s functions in relation to establishments and agencies which are not health care undertakings;
f
to ensure that each member of staff who is registered as a member of any profession to which section 60(2) of the Health Act 1999 applies, or who is a clinical psychologist or child psychotherapist, receives appropriate training and is enabled from time to time to obtain further qualifications appropriate to the work which he performs;
g
to monitor action taken by the Commission to enforce the requirements of the Health Care Regulations and to provide advice to regional directors with a view to ensuring consistent application of those Regulations and the national minimum standards applicable to health care undertakings;
h
to discuss with the Commission for Health Improvement (“ CHI ”) such matters relating to the discharge of the Commission’s functions in relation to health care undertakings as appear to him to be appropriate;
i
to discuss matters relating to the provision of health care services by health care providers with such bodies as appear to him to be appropriate, including organisations representing patients and bodies which are responsible for regulation of members of a profession working in the provision of health care services;
j
to monitor and review the effectiveness of arrangements made by health care providers in accordance with the Health Care Regulations and any national minimum standards applicable to health care undertakings, in relation to —
i
the making of complaints about a health care undertaking; and
ii
the raising of concerns by employees of a health care provider about the safety and welfare of patients;
k
to ensure that where a complaint about a health care undertaking is made to the Commission, the complainant is referred to the complaints procedure established by the health care provider and such other action as may be appropriate is taken by the Commission;
l
to report to the Commission any significant evidence relating to the rights and safety of patients which might assist health care providers to improve the health care services provided to them;
m
to report to the Commission such views of patients receiving health care services provided by a health care provider as are made known to him and are relevant to the discharge by the Commission of its functions in relation to health care undertakings;
n
to report to the Commission about the availability and quality of health care services provided by health care providers;
o
to report to the Commission on the effectiveness of the Health Care Regulations and the national minimum standards applicable to health care undertakings;
p
to assist the Commission from time to time in the preparation of reports, including its annual report, so far as they concern health care services.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
18th March 2002