text:
Citation and commencement
1
This Order may be cited as the Atomic Energy Authority (Special Constables) Order 2002 and shall come into force on 24th May 2002.
Designation of nuclear sites
2
The following nuclear sites are designated as premises to which section 76(1) of the Act does not apply —
a
premises known as the Zero Energy Experimental Reactor (Neptune) at Moor Lane, Raynesway, Derby DE24 8BJ;
b
premises known as the Devonshire Dock Complex at Barrow-in-Furness, Cumbria, LA14 1AF;
c
premises known as the Nuclear Fuel Production Plant at Moor Lane, Raynesway, Derby, DE21 7XX;
d
premises known as Devonport Royal Dockyards at Devonport, Plymouth PL1 4SG;
e
premises known as the Atomic Weapons Establishment Aldermaston at Aldermaston, Berkshire RG7 4PR;
f
premises known as the Atomic Weapons Establishment Burghfield at Burghfield, Berkshire RG30 3RP;
g
premises known as Rosyth Royal Dockyard at Rosyth, Fife KY11 2YD.
Brian Wilson
Minister of State for Industry and Energy
Department of Trade and Industry
18th April 2002


type: legislation

jurisdiction: UK

text:
PART 1
GENERAL
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments and Transitional Provisions) (Credit Unions) Order 2002 and comes into force on 2nd July 2002.
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the 1965 Act ” means the Industrial and Provident Societies Act 1965 ;
“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 1965 Act by virtue of section 1 of the 1979 Act ;
“deposit” has the meaning given by article 5 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“the Permission Order ” means the Financial Services and Markets Act 2000 (Permission and Applications) (Credit Unions etc. ) Order 2002 .
PART 2
AMENDMENTS TO THE 1979 ACT ETC.
Amendments to the 1979 Act
2
1
Subject to any transitional provision made by Part 3 of this Order, the 1979 Act is amended as follows.
2
In section 1 (registration under the 1965 Act) —
a
in subsection (1) —
i
for “sections 6(4) and 15(1)”, substitute “section 6(4)”;
ii
omit the word “and” at the end of paragraph (b);
iii
after paragraph (c), insert —
d
the society has made an application to the Authority” for Part IV permission under section 40 of the Financial Services and Markets Act 2000 (in this Act referred to as “the 2000 Act”) to accept deposits; and
e
the Authority” is satisfied that, once registered under the 1965 Act, the society will satisfy, and continue to satisfy, the threshold conditions set out in Schedule 6 to the 2000 Act in relation to the regulated activity of accepting deposits;
; and
b
after subsection (1), insert —
1A
The Authority shall not issue an acknowledgement of registration under section 2(3) of the 1965 Act to a credit union unless it also proposes to give that society permission under Part IV of the 2000 Act to accept deposits.
1B
If the Authority” issues an acknowledgment of registration to a credit union under that section, it shall determine any outstanding application of that credit union for permission under Part IV of the 2000 Act to accept deposits as soon as reasonably possible thereafter.
.
3
In section 2(1) (supplementary and transitional provisions as to registration), after “matters to be provided for in their rules)”, insert “and section 7(3) of that Act (acceptance of certain deposits not to be treated as carrying on the business of banking)”.
4
In section 5 (maximum interest of members) , omit subsections (3), (4), (4A) and (10).
5
In section 8 (general prohibition on deposit-taking) , omit subsections (2), (4) and (5).
6
In section 9 (deposits by persons too young to be members) —
a
in subsection (1), omit the words “up to a total of £5000” and the words from “; and nothing in section 7(3)” to the end of that subsection; and
b
omit subsections (2) to (5).
7
In section 10 (power to borrow money) —
a
in subsection (1), omit the words from “from an authorised bank” to the end of that subsection; and
b
omit subsections (2) to (6).
8
In section 11 (loans) —
a
for subsection (1), substitute —
1
A credit union may make to a member a loan, upon such security (or without security) and terms as the rules of the credit union may provide.
; and
b
omit subsection (4).
9
Omit section 13 (investments) .
10
In section 14 (computation and application of profits) , omit subsections (1) and (7).
11
Omit section 15 (insurance against fraud or other dishonesty) .
12
In section 17(1), omit subsections (2) and (3) (power to require financial statement).
13
In section 18(1) (power to appoint inspector and call meeting) , after “is of the opinion that”, insert “, for reasons connected with the exercise of its functions under this Act or the 1965 Act,”.
14
Omit section 19 (power to suspend operations of credit union) .
15
After subsection (1) of section 20 (cancellation or suspension of registration), insert —
1A
The Authority may also exercise the power to cancel the registration of a credit union in accordance with section 16 of the 1965 Act where the credit union’s Part IV permission has been cancelled or where the Authority” has given the credit union a warning notice under section 54(1) of the 2000 Act.
1B
Cancellation of registration under section 16 of the 1965 Act by virtue of subsection (1A) may not take effect until the Authority” has cancelled the credit union’s Part IV permission and there is no possibility (or no further possibility) of that determination of the Authority” being reversed or varied.
1C
In its application to credit unions, in subsection (4) of section 16 of the 1965 Act, the reference to the ground referred to in subsection (1)(c)(ii) shall include a reference to the ground mentioned in subsection (1A) of this section.
1D
Section 18 of the 1965 Act does not apply in relation to a decision of the Authority” to cancel the registration of a credit union by virtue of subsection (1A) of this section (and so a society may not appeal from a decision of the Authority” to cancel its registration by virtue of subsection (1A)).
.
16
In section 21(3)(a) (amalgamations and transfers of engagements) , after “Industrial and Provident Societies Acts 1965 to 1978”, insert “or any requirement imposed by or under the 2000 Act”.
17
In section 23(3) (conversion of company into credit union) –
a
at the end of paragraph (a), insert “and”;
b
in paragraph (b), for the words “section 5(3) above”, substitute “any applicable rules made by the Authority” under the 2000 Act”;
c
omit the word “and” at the end of paragraph (b); and
d
omit paragraph (c).
18
In subsection (2) of section 24 (dis-application of requirements as to interim balance sheets) , omit the words from “and section 39(1) of the 1965 Act” to the end of that subsection.
19
Omit section 27 (prohibition on undischarged bankrupts and other persons).
20
In section 31 (definitions) —
a
in subsection (1) —
i
omit the definition of “authorised bank” ; and
ii
after the definition of “non-qualifying member”, insert —
“Part IV permission” means a permission given by the Authority” under Part IV of the 2000 Act or having effect as if so given;
;
b
for subsection (1A) , substitute —
1A
In this Act, references to a deposit or accepting deposits must be read with —
a
section 22 of the 2000 Act;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
; and
c
after subsection (3), insert —
4
Sections 7(1)(b) (registered society not to carry on the business of banking), section 39 (annual accounts) and section 40 (display of latest balance sheet) of the 1965 Act (which are replaced by, or are inconsistent with, provisions of the 2000 Act) do not apply to credit unions.
.
21
In Schedule 1 (matters to be provided for in rules of credit union) —
a
in paragraph 7, for “subject to section 5(3) of this Act”, substitute “subject to any applicable rules made by the Authority” under the 2000 Act”;
b
in paragraph 11, after “the Friendly and Industrial Provident Societies Act 1965”, insert “and any applicable rules made by the Authority” under section 340 of the 2000 Act”; and
c
in paragraph 13, omit sub-paragraph (a).
22
Omit Schedule 2 .
Revocations
3
The following regulations and instruments, which were made under the 1979 Act, are revoked —
a
the Credit Unions (Insurance against Fraud) etc. Regulations 1980 ;
b
the Credit Unions (Increase in Limits of Shareholding, of Deposits by persons too young to be members and of Loans) Order 1989 ;
c
the Credit Unions (Authorised Investments) Order 1993 ; and
d
the Credit Unions (Increase in Limits on Deposits by persons too young to be members and of Periods for the Repayment of Loans) Order 2001 .
PART 3
TRANSITIONAL PROVISIONS
Application of definition of “consumer” to customers of credit unions before commencement
4
1
In section 138 of the Act (Authority’s general rule-making power) , “consumers” includes (in addition to persons defined as “consumers” in subsection (7)) persons —
a
who before commencement used the services provided by a credit union in the course of accepting deposits;
b
who have rights or interests which are derived from, or are otherwise attributable to, the use of such services by other persons; or
c
who have rights or interests which may be adversely affected by the use of any such services by persons acting on their behalf or in a fiduciary capacity in relation to them.
2
The definition of “consumers” in paragraph (1) is referred to in this article as “the extended definition”.
3
For the purposes of the extended definition, subsection (8) and (9) of section 138 of the Act apply as if —
a
references to an authorised person were references to a credit union; and
b
references to carrying on a regulated activity were references to accepting deposits.
4
The extended definition applies for the purposes of subsection (3) of section 5 (the protection of consumers), subsection (7) of section 10 (the Consumer Panel), subsection (5) of section 14 (cases in which the Treasury may arrange independent inquiries), subsection (6) of section 186 (objection to acquisition of control) and subsection (11) of section 391 (publication of notices) of the Act.
5
But the extended definition does not apply for the purposes of paragraph 1 of Schedule 4 to the Act (Treaty rights).
Compensation scheme
5
1
Notwithstanding anything to the contrary in section 213(9) or 224(3) of the Act —
a
any credit union which, after commencement, becomes unable, or is likely to become unable, to satisfy claims against it which relate to deposits which were accepted before commencement, and
b
any credit union which —
i
has ceased to have Part IV permission by virtue of article 3(4) of the Permission Order, and
ii
thereafter, becomes unable, or is likely to become unable, to satisfy claims against it which relate to deposits which were accepted after commencement but before the date on which it ceased to have Part IV permission,
is to be treated after commencement as a relevant person in relation to such a claim or potential claim for the purposes of Part XV of the Act (compensation scheme) and any rules made before commencement by the Authority” under that Part.
2
Any rules made by the Authority” before commencement under section 214(1)(a) of the Act (rules making provision as to the circumstances in which a person is to be taken to be unable or likely to be unable to satisfy claims made against him) apply for the purpose of determining whether a credit union has become, or is likely to become, unable to satisfy claims against it within the meaning of paragraph (1).
Saving of section 19 of the 1979 Act
6
1
Notwithstanding the repeal of section 19 of, and Schedule 2 to, the 1979 Act (power to suspend operations of credit unions), that section and that Schedule continue to have effect in relation to any credit union whose Part IV permission ceases to have effect by virtue of article 3(4) of the Permission Order (failure to re-apply for permission when directed by the Authority” to do so).
2
Where the Authority” has, prior to the relevant date, served a notice which complies with the conditions set out in paragraph (4) on a specified credit union, paragraph 1 of Schedule 2 to the 1979 Act does not apply to any direction given to that credit union the nature of which is specified in the notice in accordance with paragraph (4)(c).
3
A specified credit union is a credit union which falls within the class specified in a direction given under article 3(1) of the Permission Order but which has not complied with that direction.
4
The conditions are that the notice —
a
is served on the credit union and on ever member of its committee;
b
states that the Authority” proposes, on or after the relevant date, to give a direction under section 19 of the 1979 Act;
c
specifies the nature of the direction the Authority” proposes to give and the considerations which have led it to conclude that such a direction should be given;
d
is served at least twenty-eight days before the relevant date; and
e
states that no direction will be given if the credit union complies with the applicable direction under article 3(1) of the Permission Order.
5
Where the Authority” services a notice of the kind specified by paragraph (2), references in paragraph 2 of Schedule 2 to the 1979 Act to “the notice” are to be treated as references to that notice.
6
In this article, the “relevant date” in relation to a credit union is the date on which the Part IV permission of that credit union ceases to have effect by virtue of article 3(4) of the Permission Order.
Saving of section 39 of the 1965 Act
7
Notwithstanding any amendment made by this Order which relates to section 39 of the 1965 Act, that section applies in respect of any period which —
a
is required by that section to be included in a return, and
b
has expired before commencement,
as if that amendment had not been made.
PART 4
RULES
Existing provisions
8
For the purposes of this Part, an “existing provision” means any provision of any enactment or subordinate legislation which —
a
is repealed or revoked at commencement by this Order; or
b
by virtue of this Order, ceases to apply to a credit union at commencement.
Designation of existing provisions to take effect as rules
9
1
The Authority may, before commencement, designate any existing provision which appears to it to be necessary or expedient so long as that provision could be included in a rule made by the Authority” by virtue of a provision of or made under the Act.
2
An existing provision which is designated by the Authority” under this article has effect after commencement, with such modifications (if any) as may be made under article 10, as if it were a rule made by the Authority” under the Act; such a provision is referred to in this Part as a “continued provision”.
3
Paragraph (2) applies in spite of any repeal, revocation or dis-application of the existing provision which occurs on commencement.
4
To designate an existing provision, the Authority” must —
a
make an instrument in writing (“the designation instrument”) identifying the provision in the manner required by paragraph (5);
b
specify in the designation instrument the provision of, or made under, the Act under which the existing provision will be treated as having effect;
c
specify any modification to be made to the provision pursuant to article 10;
d
publish the designation instrument in the way appearing to the Authority” to be best calculated to bring it to the attention of the public;
e
have in place arrangements whereby a copy of the continued provision may be made available to any person on request.
5
When the Authority” designates an existing provision, it must also —
a
publish an explanation of the purposes of the existing provision being designated; and
b
publish an explanation for the Authority”’s reasons for believing that designating the existing provision is compatible with its general duties under section 2 of the Act.
6
In order to identify the existing provision for the purposes of paragraph (4), the Authority” must give sufficient information about —
a
the title of the enactment or subordinate legislation in which the provision is found,
b
whether the provision has been amended or whether its meaning has been affected by any subsequent provision,
to ensure that a person can ascertain with certainty the content of the provision being designated.
7
To the extent that the designation instrument does not comply with paragraph (4)(b), it is void.
8
The Authority may charge a reasonable fee for providing a person with a copy of a designation instrument or of the continued provision made available under paragraph (4)(e).
9
The Authority must give a copy of any designation instrument to the Treasury.
10
The making of a designation instrument is a legislative function for the purposes of Schedule 1 to the Act.
11
A person is not to be taken to have contravened any continued provision if he shows that at the time of the alleged contravention the relevant designation instrument had not been published in accordance with paragraph (4)(d).
Modification of existing provisions
10
1
When designating an existing provision, the Authority” —
a
must make such modifications to it as appear to the Authority” necessary to ensure that, so far as possible, the existing provision has the same effect (subject to any modifications made under sub-paragraph (b)) after commencement as it did immediately before commencement;
b
may make such modifications to it as have the effect of limiting its application to a class of persons narrower than the class to which it applied immediately before commencement.
2
The modifications authorised by paragraph (1)(a) include the addition of such transitional provisions as are necessary to ensure the result there mentioned.
3
If an existing provision designated under article 9 purports to include a modification which is not authorised by this article and which would alter the effect or application of the provision, to the extent that it is not so authorised, the modification is void.
Consequences of contravention of continued provision
11
1
If a designation instrument provides, in relation to any of the continued provisions identified in it, as mentioned in subsection (1) of section 149 of the Act (evidential provisions), then that subsection applies as it applies where a particular rule so provides.
2
Subsections (2) and (3) of section 149 of the Act apply for the purposes of this article as if the references to a rule (other than the references in paragraphs (a) and (b) of subsection (2)) included references to a designation instrument.
3
Unless a designation instrument provides, in relation to a specified provision of any of the existing provisions designated in it, as mentioned in subsection (2) of section 150 of the Act (actions for damages), then that section applies as it applies to a rule not falling within subsection (4) of that section.
Verification of continued provisions
12
1
This article applies to continued provisions instead of section 154 of the Act (verification of rules).
2
The production of a printed copy of a designation instrument or a continued provision purporting to be made by the Authority” on which is endorsed a certificate which —
a
is signed by a member of the Authority”’s staff authorised by it for that purpose, and
b
contains the required statement or statements,
is evidence (or in Scotland, sufficient evidence) of the facts stated in the certificate.
3
The required statements in relation to a copy of a designation instrument are —
a
that the instrument was made by the Authority”;
b
that the copy is a true copy of the instrument; and
c
that on a specified date the instrument was published in accordance with article 9.
4
The required statement in relation to a copy of a continued provision is that the text set out in the document is a continued provision within the meaning of this Part.
5
A certificate purporting to be signed as mentioned in paragraph (2) is to be taken to have been properly signed unless the contrary is shown.
6
A person who wishes in any legal proceedings to rely on a designation instrument or on a continued provision may require the Authority” to endorse a copy of that instrument or provision with a certificate of the kind mentioned in paragraph (2).
Revocation and alteration
13
Nothing in this Part is to be taken as implying a contrary intention for the purposes of section 14 of the Interpretation Act 1978 in relation to continued provisions and, accordingly, such rules may, after commencement, be revoked or altered in accordance with the provision of the Act under which the continued provisions have effect as made.
Guidance on continued provisions
14
1
This article applies to any guidance which —
a
relates to the operation of any continued provision; or
b
is consequential on or supplemental to the designation of any existing provision.
2
Where the Authority” gives guidance to which this article applies, the Authority” is to be treated as having complied with section 157(3) of the Act in relation to that guidance.
3
The Authority must, when it gives guidance to which this article applies, publish —
a
an estimate of the costs together with an analysis of the benefits that will arise from the guidance;
b
an explanation of the purpose of the guidance; and
c
an explanation of the Authority”’s reasons for believing that giving the guidance is compatible with its general duties under section 2 of the Act.
Consultation on provisions prior to commencement
15
1
This article applies to rules which contain provisions which have been the subject of relevant prior consultation and to guidance on any such rules.
2
Where the Authority” makes rules or gives guidance to which this article applies, the Authority” is to be treated as having complied with section 155 of the Act in relation to those rules or in relation to that guidance.
3
“Relevant prior consultation” means consultation which —
a
took place prior to commencement;
b
was undertaken in relation to an existing provision; and
c
complies with the requirements of section 5 of the Regulatory Reform Act 2001 .
4
A provision is to be treated as having been the subject of relevant prior consultation if it achieves the result proposed in the relevant prior consultation, even if it achieves that result in a different way to that proposed in the relevant prior consultation (for example, by way of a rule rather than by way of an amendment to an existing provision).
5
In making rules or giving guidance to which this article applies, the Authority” must take into account any responses to the relevant prior consultation.
6
The Authority must, when it makes rules or gives guidance to which this article applies, publish —
a
an estimate of the costs together with an analysis of the benefits that will arise from the rules or guidance;
b
an explanation of the purpose of the rules or guidance;
c
an explanation of the Authority”’s reasons for believing that making the rules or giving the guidance is compatible with its general duties under section 2 of the Act; and
d
an account, in general terms, of the responses to the relevant prior consultation and the Authority”’s response to them.
Cost benefit analyses
16
1
Paragraph (3)(a) of article 14 and paragraph (6)(a) of article 15 do not apply if the Authority” considers —
a
that, making the appropriate comparison, there will be no increase in costs; or
b
that, making that comparison, there will be an increase in costs but the increase will be of minimal significance.
2
In making the appropriate comparison, the Authority” may disregard the repeal, revocation or lapsing at commencement of any enactment, subordinate legislation or other instrument or provision.
3
In this article, “the appropriate comparison” means a comparison between the overall position if the rules are made (or guidance is given) and the overall position if they are not made (or not given).
PART 5
MISCELLANEOUS
Amendment to the Permission Order
17
At the end of article 2(1) of the Permission Order (permission of credit unions registered at commencement), insert “or from a person who is under the age at which he may become a member of the credit union by virtue of section 20 of the Industrial and Provident Societies Act 1965”.
Amendment to the Trustee Savings Banks Act 1985
18
In paragraph 11(2) (c) of Part III of Schedule 1 to the Trustee Savings Banks Act 1985 , omit the words “the Credit Unions Act 1979 or”.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Road User Charging (Enforcement of Charging Scheme Penalty Charges) (England and Wales) Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations apply to England and Wales.
Recovery of charging scheme penalty charges payable under a road user charging scheme
2
In respect of a charging scheme specified in the Schedule to these Regulations, any charging scheme penalty charges which are payable to a charging authority shall, if a county court so orders, be recoverable by that authority, as if they were payable under a county court order.
Signed by authority of the Lord Chancellor
Scotland of Asthal QC
Parliamentary Secretary,
Lord Chancellor’s Department
3rd December 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Transport Act 2000 (Commencement No. 9 and Transitional Provisions) Order 2002.
2
In this Order —
“ 1981 Act ” means the Public Passenger Vehicles Act 1981 ;
“ 1985 Act ” means the Transport Act 1985 ;
“ 2000 Act ” means the Transport Act 2000.
Provisions coming into force on 1st May 2002
2
1
The provisions of the 2000 Act set out in Part 1 of the Schedule hereto shall come into force on 1st May 2002 as respects England.
2
The provisions of the 2000 Act set out in Part 2 of the Schedule hereto shall come into force on 1st May 2002.
Transitional provisions: penalties for unreliable bus services, etc
3
1
Where, following an inquiry under section 54 of the 1981 Act (inquiries held by traffic commissioners), a traffic commissioner makes a determination after 30th April 2002 in respect of relevant breaches occurring wholly before 1st May 2002, section 111 of the 1985 Act shall continue to apply (and section 155 of the 2000 Act shall not apply) but as if in subsection (2) for “the day on which the determination under subsection (1) above is made” there were substituted “30th April 2002”.
2
Where, following an inquiry under section 54 of the 1981 Act, a traffic commissioner makes a decision after 30th April 2002 to impose a penalty under section 155 of the 2000 Act in respect of relevant breaches occurring both before 1st May 2002 and on or after that date, the penalty shall not exceed the maximum amount which would have been due from the operator under section 111 of the 1985 Act if the decision in respect of that inquiry had been made on 30th April 2002.
3
In this article, a reference to a relevant breach is a reference to an operator of a local service, without reasonable excuse —
a
failing to operate a local service registered under section 6 of the 1985 Act,
b
operating such a service in contravention of that section or section 118(4), 129(1)(b) of the 2000 Act, or
c
failing to comply with section 138 or 140(3) of the 2000 Act.
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
9th April 2002


text:
Citation and commencement
1
This Order may be cited as the Motor Salvage Operators (Specified Offences) Order 2002 and shall come into force on 21st October 2002.
Specified offences
2
The following offences are hereby specified for the purposes of section 3(4)(b) of the Vehicles (Crime) Act 2001:
a
theft or attempted theft of or from a motor vehicle, contrary to section 1 of the Theft Act 1968 ;
b
taking motor vehicle without consent, contrary to section 12 of the Theft Act 1968;
c
aggravated vehicle taking, contrary to section 12A of the Theft Act 1968 ;
d
handling stolen goods, contrary to section 22 of the Theft Act 1968;
e
going equipped to steal or take a motor vehicle, contrary to section 23 of the Theft Act 1968;
f
interference with a motor vehicle, contrary to section 9 of the Criminal Attempts Act 1981 ;
g
tampering with a motor vehicle, contrary to section 25 of the Road Traffic Act 1988 .
John Denham
Minister of State
Home Office
17th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ealing, Hammersmith & Hounslow 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 Ealing, Hammersmith & Hounslow Health Authority ;
“the new Trusts” means the Ealing Primary Care Trust and the Chelsea and Westminster Healthcare National Health Service Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Ealing Primary Care Trust and signed on behalf of the old Trust on 7th January 2002 and on behalf of the Ealing Primary Care Trust on 14th January 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Ealing Primary Care 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 Chelsea and Westminster Healthcare National Health Service Trust and signed on behalf of the old Trust on 7th January 2002 and on behalf of the Chelsea and Westminster Healthcare National Health Service Trust on 23rd January 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Chelsea and Westminster Healthcare National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation and commencement
1
This Order may be cited as the Pitcairn (Amendment) Order 2002 and shall come into force on 20th November 2002.
Amendment of section 5 of the Pitcairn Order 1970
2
Section 5 of the Pitcairn Order 1970 is amended by deleting subsection (2A) and replacing it with the following subsection:
2A
Subject to the provisions of any law for the time being in force in the Islands, a court established under subsection (2) shall sit in such place in the Islands as the Governor, acting in accordance with the advice of the Chief Justice, may appoint:
Provided that it may also sit in the United Kingdom, or in such other place as the Governor, acting in accordance with the advice of the Chief Justice, may appoint.
.
A. K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) Order 2002 and shall come into force on 18th March 2002.
2
In this Order “the principal Orders” means —
a
(in relation to England and Wales) the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 ; and
b
(in relation to Northern Ireland) the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 .
2
There shall be inserted in Schedule 2 to each of the principal Orders (designation of countries and territories for drug trafficking offences), at the appropriate places in alphabetical order, the entries for those countries and territories specified in Schedule 1 to this Order.
3
There shall be inserted in Schedule 3 to each of the principal Orders (designation of countries and territories for other offences), at the appropriate place in alphabetical order, the entries for those countries and territories specified in Schedule 2 to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Recognition and Derecognition Ballots (Qualified Persons) Order 2000 (Amendment) Order 2002 and shall come into force on 1st October 2002.
2
In this Order, “the Principal Order ” means the Recognition and Derecognition Ballots (Qualified Persons) Order 2000 .
Amendments to the Principal Order
2
For Article 4 of the Principal Order substitute —
4
The following persons are specified for the purpose of the relevant provisions —
The Association of Electoral Administrators;
Election.com Limited;
Electoral Reform (Ballot Services) Limited;
Involvement and Participation Association;
Popularis Limited; and
Twenty-First Century Press Limited.
Patricia Hewitt,
Secretary of State for Trade and Industry
3rd September 2002


text:
Citation and commencement
1
This Order may be cited as the Architects' Qualifications (EC Recognition) Order 2002 and shall come into force on 23rd December 2002.
Amendment of Act
2
The Architects Act 1997 is amended in accordance with Articles 3 to 6 below.
Registration: general
3
1
Section 4 (registration: general) is amended as follows.
2
After subsection (2) insert —
2A
Subsection (2B) applies where it appears to the Board that the applicant is a national of an EEA State who —
a
holds a qualification recognised in an EEA State, other than the United Kingdom, as equivalent to a recognised EEA qualification, an established EEA qualification or a relevant EEA certificate (within the meaning of section 5); or
b
has undergone significant training or has gained significant experience in an EEA State, other than the United Kingdom.
2B
Where this subsection applies the Board, in determining the standard of competence of the applicant under subsection (1)(b) —
a
shall take into account the qualification, training or experience; and
b
may not require the applicant to pass a prescribed examination in architecture unless the Board considers it appropriate in the circumstances of the applicant’s case.
Registration: further procedural requirements
4
1
Section 6 (registration: further procedural requirements) is amended as follows.
2
Substitute for subsection (4):
4
The Registrar shall serve on an applicant written notice of the decision on his application.
4A
A notice under subsection (4) shall be served —
a
in the case of an application under section 4(1)(a) or 5 or to which section 4(2B) applies, within three months of his application being made; and
b
in all other cases, within six months of his application being made.
4B
Notice of a refusal in the case of an application under section 5 or to which section 4(2B) applies, shall state reasons for the refusal.
Appeals
5
After section 22 (appeals) add:
22A
1
A person may appeal to the High Court or the Court of Session if he has made an application under section 5 or to which section 4(2B) applies and is aggrieved by —
a
the refusal of his application; or
b
the failure of the Registrar to comply with section 6(4A).
2
In the case mentioned in subsection (1)(a), an appeal must be brought within three months from the date on which notice of the refusal is served.
3
In the case mentioned in subsection (1)(b), an appeal must be brought within three months from the end of the period specified in section 6(4A)(a).
4
On an appeal under this section the Court may make any order which appears appropriate.
5
No appeal shall lie from a decision of the Court on an appeal under this section.
Interpretation
6
1
In section 25 (interpretation), (which becomes subsection (1)), after the words “signed at Brussels on 17th March 1993” insert —
, or Switzerland
.
2
At the end insert —
2
Any person who is not a national of an EEA State, but who is, by virtue of a right conferred by Article 11 of Council Regulation ( EEC ) No. 1612/68 or any other enforceable Community right, entitled to be treated, for the purposes of access to the profession of architecture, no less favourably than a national of such a State, shall be treated for the purposes of this Act as if he were such a national.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sheffield Children’s Hospital National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the Sheffield Children’s Hospital National Health Service Trust (Establishment) Order 1991 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Sheffield Children’s National Health Service Trust instead of the Sheffield Children’s Hospital National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Sheffield Children’s Hospital” there shall be substituted “Sheffield Children's”.
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.
Further amendment of NHS trust establishment order
3
1
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from Sheffield Children’s Hospital, Western Bank, Sheffield, S10 2TH, and at or from any associated hospitals, establishments or facilities.
.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
21st March 2002


text:
1
This Order may be cited as the Terrorism Act 2000 (Cessation of Effect of section 76) Order 2002 and shall come into force on the day after the day on which it is made.
2
Section 76 of the Terrorism Act 2000 (admission in trial on indictment) shall cease to have effect.
John Reid
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
25th July 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Loss of Benefit) Amendment Regulations 2002 and shall come into force on 1st April 2002.
Amendment of the Social Security (Loss of Benefit) Regulations 2001
2
In regulation 2 of the Social Security (Loss of Benefit) Regulations 2001 (disqualification period) —
a
at the beginning of paragraph (1)(a), there shall be inserted the words “subject to sub-paragraph (c),”;
b
in paragraph (1)(b)(iii), for the words “income support, jobseeker’s allowance, housing benefit or council tax benefit” there shall be substituted the words “income support or jobseeker’s allowance”;
c
after paragraph (1)(b), there shall be added the following sub-paragraph —
c
where the only sanctionable benefits which the offender or, as the case may be, the offender’s family member, is in receipt of are housing benefit or council tax benefit or both of them, the day which is 28 days after the first day after the determination day on which the Secretary of State is notified by the relevant authority that the offender or an offender’s family member is in receipt of either or both of those benefits or, as the case may be, has been awarded either or both of those benefits and in this sub-paragraph, “relevant authority” means the relevant authority administering the offender’s or the offender’s family member’s housing benefit or council tax benefit.
;
d
in paragraph (2), for the word “sub-paragraph” there shall be substituted the word “paragraph”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th March 2002


text:
Citation, commencement, application and interpretation
1
1
These regulations may be cited as the Education (Grants) (Music, Ballet and Choir Schools) (Amendment) (England) Regulations 2002 and shall come into force on 1st September 2002.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.
4
In these Regulations, “the 2001 Regulations ” means the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001 .
Amendment of the Education (Grants) (Music, Ballet and Choir Schools) (England) Regulations 2001
2
1
Regulation 5 of the 2001 Regulations shall be amended as follows.
2
In paragraph (2), for “paragraph (3)” there shall be substituted “paragraphs (3) and (4)”.
3
After paragraph (3), there shall be added the following —
4
In paragraph (1), “expenditure in operating the Scheme” shall include —
a
the aggregate of expenditure under paragraph (2), and
b
expenditure, incurred or to be incurred, in connection with the organisation of summer schools and other activities for the purpose of —
i
enabling pupils (whether or not they attend a school within the meaning of Regulation 3) who might otherwise not be able to do so to benefit from the education and training provided by the school, and
ii
attracting new pupils to the school.
5
The payment of grant under sub-paragraph (4)(b) shall be dependent on the compliance with such requirements determined by the Secretary of State as he may from time to time impose.
3
1
Regulation 11 of the 2001 Regulations shall be amended as follows.
2
After paragraph (1), there shall be added the following —
“, or in connection with expenditure under paragraph (5)”.
3
After paragraph (4), there shall be added the following —
5
Expenditure under this paragraph shall mean expenditure, incurred or to be incurred, in connection with the organisation of summer schools and other activities for the purpose of —
i
enabling pupils (whether or not they attend a school within the meaning of Regulation 3) who might otherwise not be able to do so to benefit from the education and training provided by the school, and
ii
attracting new pupils to the school.
6
The payment of grant under sub-paragraph (5) shall be dependent on the compliance with such requirements determined by the Secretary of State as he may from time to time impose.
4
1
Schedule 1 of the 2001 Regulations shall be amended as follows.
2
In paragraph 8 (income), in sub-paragraphs (3) and (5), for “£1,430” in each place where it occurs, there shall be substituted “£1,465”.
3
In paragraph 14 (remission of fees — boarding pupils) —
a
in sub-paragraph (2), for “£9,798” there shall be substituted “£10,016”, and
b
for the table in sub-paragraph (3), there shall be substituted the following table —
Table
Part of relevant income to which percentage applies One aided boarding pupil Each of two aided boarding pupils (1) (2) (3)
That part which exceeds £9,717 but does not exceed £12,000 5% 3.75% That part which exceeds £12,000 but does not exceed £17,000 10% 7.5% That part which exceeds £17,000 but does not exceed £25,000 12% 9% That part which exceeds £25,000 but does not exceed £35,000 15% 11.25% That part which exceeds £35,000 but does not exceed £50,000 18% 13.5% That part which exceeds £50,000 but does not exceed £60,000 19% 14.25% That part (if any) which exceeds £60,000 20% 15%
4
In paragraph 15 (remission of fees — day pupils) —
a
in sub-paragraph (2), for “£12,148” there shall be substituted “£12,424”, and
b
for the table in sub-paragraph (3), there shall be substituted the following table —
Table
Part of relevant income to which percentage applies One aided boarding pupil Each of two aided boarding pupils (1) (2) (3)
That part which exceeds £12,275 but does not exceed £35,000 10% 7.5% That part which exceeds £35,000 but does not exceed £40,000 11% 8.25% That part which exceeds £40,000 but does not exceed £50,000 14% 10.5% That part (if any) which exceeds £50,000 15% 11.25%
5
In paragraph 18 (uniform grant) —
a
in sub-paragraph (2), for “£12,473” there shall be substituted “£12,760”,
b
for sub-paragraph (3)(a) to (d) there shall be substituted —
a
£195 where the relevant income does not exceed £11,202;
b
£146 where that income exceeds £11,202 but does not exceed £11,724;
c
£95 where that income exceeds £11,724 but does not exceed £12,227; and
d
£49 where that income exceeds £12,227 but does not exceed £12,760.
,
c
in sub-paragraph (5) for “£11,952” there shall be substituted “£12,227”, and
d
for sub-paragraphs (6)(a) and (b) there shall be substituted —
a
£75 where the relevant income does not exceed £11,368; and
b
£39 where that income exceeds £11,368 but does not exceed £12,227.
6
In paragraph 20 (travel grant) —
a
in sub-paragraph (2)(a), for “£11,129” there shall be substituted “£11,381”; and
b
in sub-paragraph (2)(b), for “£10,950” there shall be substituted “£11,202”.
5
1
Schedule 2 of the 2001 Regulations shall be amended as follows.
2
In paragraph 1 and paragraph 3, for “ballet dancing” in each place where it occurs, there shall be substituted “dance”.
3
In paragraph 5 (transfer of aided places) —
a
For “In any case where the Secretary of State is satisfied that it is reasonable to do so” there shall be substituted “Subject to sub-paragraph (3), in any case where the Secretary of State is satisfied that it is reasonable to do so”; and
b
After sub-paragraph (2) there shall be added —
3
In exercising his power under sub-paragraph (1), the Secretary of State shall have regard to the specified number pursuant to paragraph (1) of this Schedule in relation to the importing and exporting school.
David Miliband
Minister of State,
Department for Education and Skills
29th July 2002


text:
Citation and commencement
1
These Rules may be cited as the Justices of the Peace (Size and Chairmanship of Bench) Rules 2002 and shall come into force on 1st March 2002.
Interpretation
2
In these Rules —
a
“a BTDC ” means a Bench Training and Development Committee established in accordance with rule 14;
“election meeting” means a meeting held in accordance with rule 10;
“first choice vote”, “second choice or subsequent choice vote” have the meaning specified in rule 6(4) and (5);
“justice” means a justice of the peace whose name has not been entered in the supplemental list and, in relation to a petty sessions area, a justice who ordinarily acts in and for that area;
“justices' clerk” in relation to a petty sessions area means a justices' clerk for that area and includes any person acting as such;
“justices' chief executive” in relation to a petty sessions area means the justices' chief executive for the magistates' court committee area in which that petty sessions area falls and includes any person acting as such;
“the Schedule” means the Schedule to these Rules;
“the 1997 Act ” means the Justices of the Peace Act 1997;
“the supplemental list” means the supplemental list referred to in section 7 of the 1997 Act ;
b
where a justices' chief executive has appointed a nominee in accordance with rule 19, references to a justices' chief executive shall be read as references to his nominee in relation to the function or functions for which he was appointed nominee;
c
references to a ballot are references to a ballot conducted under these Rules;
d
references to a postal ballot are references to a postal ballot conducted under rule 6.
Size of bench
3
1
Subject to paragraph (2), the number of justices sitting to deal with a case as a magistrates' court shall not be greater than three.
2
Paragraph (1) shall not apply to a magistrates' court sitting as a youth court, a family proceedings court or a licensing or betting licensing committee.
Elections
4
1
The justices for each petty sessions area shall each year elect from among themselves a chairman and one or more deputy chairmen.
2
Subject to paragraph (3), a secret ballot shall be held in accordance with these Rules for the election of chairman and for the election of deputy chairman.
3
Paragraph (2) shall not apply where, as the case may be, the chairman or all the deputy chairmen required to fill the number of offices available have been elected under rule 5(8).
4
A justice for a petty sessions area in respect of which the election is held may vote in the election if —
a
in the case of an election by postal ballot, the justice is a justice for that petty sessions area on the date the notices seeking nominations are posted; and
b
in the case of an election held at a meeting, the justice is a justice for that petty sessions area on the date of the meeting.
Nomination procedure
5
1
The justices' chief executive shall give written notice, in accordance with paragraph (2), to each justice eligible to vote in a postal ballot.
2
The notice shall —
a
notify the recipient that he may submit to the justices' chief executive nominations in writing for the offices of chairman and deputy chairman, the number of which will have been determined under rule 10(2)(d);
b
specify a closing date for receipt of nominations;
c
specify the date, time and place of the election meeting;
d
be posted by first class post at least 28 days before the closing date for receipt of nominations (including the date of posting but excluding the closing date for receipt of nominations); and
e
not be posted earlier than 12 weeks, nor later than 9 weeks, before the date of the election meeting (including the date of posting but excluding the date of the election meeting).
3
A justice may not be nominated without his consent.
4
Each nomination must be proposed and seconded by justices eligible to vote in a postal ballot and shall contain the full names and signatures of the proposer, seconder and justice nominated.
5
The justices' chief executive shall satisfy himself that each nomination received fulfils the requirements of paragraph (4) but shall not disclose the names of proposers and seconders.
6
If a justice nominated for election as chairman wishes, should he not be elected chairman, to be nominated for election as deputy chairman, his nomination shall contain a statement to that effect signed by the proposer, seconder and justice nominated.
7
If the statement referred to in paragraph (6) is included in a nomination for chairman, that nomination shall be treated as a nomination for the office of chairman and for the office of deputy chairman (but a justice may not hold both offices at the same time).
8
Where —
a
only one justice is nominated for election as chairman, that justice shall be elected chairman (and his nomination, if any, to the office of deputy chairman shall be treated as having been withdrawn);
b
the number of justices nominated to the office of deputy chairman equals or is less than the number of offices available, those justices shall be elected to the office of deputy chairman.
9
Nominations withdrawn before the date of posting the ballot papers shall be disregarded when determining the number of nominations for the purposes of paragraph (8).
10
If a justice is elected to the office of deputy chairman under paragraph (8)(b) and is subsequently elected chairman, he shall not take up the office of deputy chairman and his nomination for that office shall be treated as having been withdrawn before the closing date for receipt of completed ballot papers.
11
If a chairman or deputy chairman is elected under paragraph (8), the justices' chief executive shall give written notice, in accordance with paragraph (12), to each justice eligible to vote in a postal ballot of the name of the justice or justices elected.
12
The notice under paragraph (11) shall be sent by first class post at least 28 days before the date of the election meeting (including the date of posting but excluding the date of the election meeting).
13
Where a justice who has been nominated for election to the office of chairman or deputy chairman ceases to be a justice at any time after nomination up to (and including) the closing date for receipt of completed ballot papers, his nomination shall be treated as having been withdrawn when he ceased to be a justice.
14
A nomination cannot be withdrawn after the closing date for receipt of completed ballot papers.
Conduct of postal ballot
6
1
Where nominations are received under rule 5 and have not been withdrawn before the date of posting the ballot papers, the secret ballot held under rule 4(2) shall be a postal ballot held in accordance with this rule.
2
The justices' chief executive shall —
a
where there is to be an election of chairman, prepare ballot papers which contain a list in alphabetical order of the justices nominated as chairman;
b
where there is to be an election of a deputy chairman or deputy chairmen, prepare ballot papers which contain a list in alphabetical order of the justices nominated as deputy chairman; and
c
send by first class post to each justice eligible to vote in a postal ballot one ballot paper for each election.
3
There must be —
a
at least 21 days between the date of posting the ballot papers and the closing date for receipt of completed ballot papers (including the date of posting but excluding the closing date for receipt of completed ballot papers); and
b
at least 7 days between the closing date for receipt of completed ballot papers and the date of the election meeting (including the closing date for receipt of completed ballot papers but excluding the date of the election meeting).
4
Each justice who votes shall write the figure ‘1’ on the appropriate ballot paper against the name of the justice who is his first choice to be chairman and the name of the justice who is his first choice to be deputy chairman (“a first choice vote”).
5
Each justice who votes may indicate which justice is his second and third choice (and so on) to be chairman or deputy chairman, by writing the figure `2', `3' (and so on) on the appropriate ballot paper against the name of the appropriate justice (“a second choice or subsequent choice vote”).
6
A justice who votes shall return his ballot paper to the justices' chief executive by post or by hand.
7
A ballot shall not be invalidated by reason of —
a
a ballot paper not being received by a justice eligible to vote in a postal ballot; or
b
a completed ballot paper not being received by the justices' chief executive.
8
As soon as practicable after the closing date for receipt of the completed ballot papers, the justices' chief executive (assisted if need be by staff of the magistrates' courts committee whose area consists of or includes the petty sessions area), shall —
a
determine the result of the postal ballot for election as chairman; and
b
then, subject to paragraph (9), determine the result of the postal ballot for election to the office of deputy chairman.
9
Where a chairman is not elected before the election meeting, the result of the postal ballot for the election to the office of deputy chairman shall not be determined until after a chairman has been elected at the election meeting.
Determining result of postal ballot for election of chairman and sole deputy chairman
7
1
This rule applies for determining the result of the postal ballot for the election of chairman and, if only one deputy chairman is to be elected, the election of the deputy chairman.
2
Where a justice has received more than half of the first choice votes cast, that justice shall be elected chairman or deputy chairman (as the case may be).
3
Where all justices have received an equal number of first choice votes, the justices' chief executive shall, at the election meeting, decide between them by lot and paragraph (8) shall apply.
4
In the following paragraphs —
“continuing candidate” means a justice who has not become an excluded candidate;
“excluded candidate” means a justice who is excluded from further consideration in accordance with paragraph (5)(a) or (b); and
“next choice vote” means a second or subsequent choice vote for a continuing candidate, disregarding votes for excluded candidates; or, if there is more than one such vote, the one with the highest priority.
5
Where neither paragraph (2) nor (3) applies —
a
the justice who received the least number of first choice votes shall be excluded from further consideration in the ballot;
b
if the least number of first choice votes was received by two or more justices, all those justices shall be so excluded;
c
if there is now only one continuing candidate, that justice shall be elected chairman or deputy chairman (as the case may be);
d
otherwise paragraph (6) shall apply.
6
Where this paragraph applies —
a
a first choice vote cast by a voter for an excluded candidate shall be transferred to the continuing candidate, if any, who received that voter’s next choice vote;
b
if there is no such continuing candidate, the first choice vote cast for the excluded candidate shall be disregarded and shall no longer be counted as a first choice vote;
c
if a continuing candidate now has received more than half of the first choice votes cast, that justice shall be elected chairman or deputy chairman (as the case may be);
d
if all continuing candidates now have received an equal number of first choice votes, the justices' chief executive shall, at the election meeting, decide between them by lot and paragraph (8) shall apply.
7
Where neither paragraph (6)(c) nor (d) applies, the procedure in paragraph (5) shall be repeated until a chairman or deputy chairman (as the case may be) is elected.
8
Where this paragraph applies —
a
the justice on whom the lot falls shall be elected chairman or deputy chairman (as the case may be); and
b
the justices' chief executive shall, at the election meeting, announce the name of the justice so elected.
Determining result of postal ballot for election of deputy chairmen
8
1
This rule applies for determining the result of the postal ballot where more than one deputy chairman is to be elected.
2
In this rule, “requisite number” means the number of deputy chairmen to be elected.
3
The requisite number of justices who have received the most first choice votes shall be elected deputy chairmen.
4
If less than the requisite number of justices have received first choice votes, that justice or those justices who have received first choice votes shall be elected deputy chairman or deputy chairmen (as the case may be).
5
If —
a
two or more justices have received an equal number of first choice votes; and
b
the addition of a first choice vote to those cast for any one or more of those justices is necessary to enable him or them to be elected,
the justices' chief executive shall, at the election meeting, decide between those justices by lot.
6
The justice or justices on whom the lot falls shall be elected deputy chairman or deputy chairmen (as the case may be) and the justices' chief executive shall, at the election meeting, announce the names of the justices so elected.
7
If any deputy chairmen remain to be elected, the justices shall elect them at the election meeting in accordance with the provisions of the Schedule.
8
The election referred to in paragraph (7) shall be by secret ballot unless paragraph 3 of the Schedule applies.
Election where no or insufficient nominations
9
Where —
a
no nomination for the office of chairman is received under rule 5 or where all nominations for that office are withdrawn at any time up to (and including) the closing date for receipt of completed ballot papers; or
b
fewer nominations for the office of deputy chairman are received under rule 5 than the number of deputy chairmen to be elected; or
c
one or more nominations for the office of deputy chairman are withdrawn at any time up to (and including) the closing date for receipt of completed ballot papers with the result that the remaining number of nominations for that office falls below the number of deputy chairmen to be elected,
the justices shall by secret ballot elect the chairman or the number of deputy chairmen that have still to be elected at the election meeting in accordance with the provisions of the Schedule.
Election meeting
10
1
The justices for each petty sessions area shall hold an election meeting in October every year.
2
At the election meeting —
a
the justices' chief executive shall announce the result of any election conducted by postal ballot where the result has been determined before the meeting;
b
where rule 6(9) applies, the justices' chief executive (assisted if need be by staff of the magistrates' courts committee whose area consists of or includes the petty sessions area) shall determine the result of the postal ballot for the election to the office of deputy chairman and shall announce the name of the justice or justices who has or have been elected to that office;
c
the justices' chief executive shall announce the number of first choice votes each justice received at each stage of the count of the votes cast in the postal ballot; and
d
the justices shall decide the number of deputy chairmen to be elected to take office in the year commencing on 1st January after the next election meeting.
3
Where a chairman and one or more deputy chairmen are elected at the election meeting, the result of the election to the office of chairman shall be announced before the election to the office of deputy chairman.
Miscellaneous provisions about ballots
11
1
If a justice has been elected chairman and his name was included on a ballot paper for the election of deputy chairman —
a
all the votes for him as deputy chairman shall be disregarded and shall no longer be counted as votes;
b
if that justice received a first choice vote from a voter for the office of deputy chairman, the second choice vote given by that voter for the office of deputy chairman, if any, shall be counted as a first choice vote cast by that voter; and
c
if that justice received a second choice vote from a voter for the office of deputy chairman, the third choice vote given by that voter for the office of deputy chairman, if any, shall be counted as a second choice vote cast by that voter (and so on).
2
If a justice withdraws his nomination on the date of posting the ballot papers or at any time after that date up to (and including) the closing date for receipt of completed ballot papers —
a
all the votes for that justice shall be disregarded and shall no longer be counted as votes;
b
if that justice received a first choice vote from a voter, the second choice vote given by that voter shall be counted as a first choice vote; and
c
if that justice received a second choice vote from a voter, the third choice vote given by that voter shall be counted as a second choice vote (and so on).
3
Where a ballot paper —
a
is returned unmarked; or
b
in a postal ballot, is not marked with a figure ‘1’ or is marked in such a manner that there is doubt as to the order of preference of the voter; or
c
in a ballot held at a meeting, is marked in such a manner that there is doubt as to the identity of the justice or justices for whom the vote is cast,
the ballot paper or the vote (as the case may be) shall be rejected when the votes are counted.
4
There shall be no disclosure as to how any justice voted in any ballot.
5
The justices' chief executive shall —
a
keep a note of the date that a ballot paper was received by him; and
b
keep the ballot papers received for a period of 12 months commencing with the day after the election meeting.
Period of office and eligibility for re-election
12
1
A chairman or (as the case may be) deputy chairman elected under these Rules shall, subject to rule 13(3) and (9), hold office for one year beginning on 1st January after his election and shall, subject to paragraphs (3), (4) and (5), be eligible for re-election.
2
In paragraphs (3) and (4) “previous chairman” means a justice who has held office as chairman of the justices for the petty sessions area in respect of which the election is held.
3
Subject to paragraph (4), a previous chairman shall not be eligible for re-election as chairman if, on 1st January after the election, he will have held such office for periods totalling more than two years unless at least six years have elapsed since he last held office.
4
In any event, a previous chairman shall not be eligible for re-election as chairman if, on the 1st January after the election, he will have held such office for periods totalling more than five years.
5
A justice who has held office as deputy chairman of the justices for the petty sessions area in respect of which the election is held shall not be eligible for re-election as deputy chairman if on 1st January after the election he will have held such office for periods totalling more than five years.
6
Any period served as chairman or deputy chairman, as the case may be, before 31st December 2001 shall not count towards the maximum periods of service permitted by paragraphs (3), (4) and (5).
Vacancy in office
13
1
If the office of chairman or deputy chairman becomes or is about to become vacant for any reason, the justices' chief executive shall give written notice sent by first class post as soon as practicable to each justice eligible to vote in a postal ballot that he may submit nominations in writing to the justices' chief executive for another chairman or deputy chairman (as the case may be).
2
Rule 5(3), (4) and (5) shall apply to a nomination made under this rule as it applies to a nomination made under rule 5.
3
If only one nomination is received, the justice nominated shall hold office for the remainder of the term of the appointment of the justice whom he replaces.
4
If more than one nomination is received, the justices shall by secret ballot elect another chairman or deputy chairman (as the case may be).
5
The ballot shall be a postal ballot except that —
a
the ballot papers shall be posted by first class post as soon as practicable;
b
there shall be at least 7 days between the date of posting the ballot papers and the closing date for receipt of completed ballot papers (including the date of posting but excluding the closing date for receipt of completed ballot papers);
c
rule 6(1), (3), (8) and (9) shall not apply;
d
as soon as practicable after the closing date for receipt of completed ballot papers, the justices' chief executive (assisted if need be by staff of the magistrates' courts committee whose area consists of or includes the petty sessions area) shall determine the result of the ballot;
e
rules 7(3), 7(6)(d), 7(8), 8(5) and 8(6) shall be read as if the decision by lot shall take place before at least 3 justices (instead of at the election meeting) and the names of the justice or justices elected shall be notified to the justices by post as soon as practicable (instead of being announced at the election meeting).
6
Where no nomination for a vacancy is received, the justices' chief executive shall as soon as practicable, convene a meeting of the justices for the petty sessions area.
7
At that meeting, the justices shall by secret ballot elect another chairman or deputy chairman (as the case may be).
8
The provisions of the Schedule shall apply to the election with the following modifications —
a
the list of justices shall comprise the names of all the justices for the petty sessions area on the date of the meeting (excluding, in the case of an election to the office of deputy chairman, the name of any justice who holds office as chairman or deputy chairman);
b
references to the election meeting in the Schedule shall be read as references to the meeting held under this rule.
9
Any justice elected under this rule shall hold office for the remainder of the term of the appointment of the justice whom he replaces.
10
Any period served as chairman or deputy chairman by virtue of this rule shall not count towards the maximum period of service permitted by rule 12(3), (4) and (5).
Constitution of Bench Training and Development Committee
14
1
The justices for each petty sessions area shall establish a Bench Training and Development Committee, the membership of which shall, in accordance with this rule, rotate by one third in each calendar year.
2
The membership of the BTDC shall consist of three, six, or nine justices for the petty sessions area, appointed in accordance with this rule.
3
The justices shall decide at the election meeting in 2002 the number of members of the BTDC.
4
At any election meeting held after 2002, the justices may, subject to paragraph (2), decide that the number of members of the BTDC shall be more or less than previously decided.
5
Members of the BTDC appointed in 2002 shall hold office for a term beginning on 1st January 2003 and ending on —
a
31st December 2003 in the case of one third of the members;
b
31st December 2004 in the case of one third of the members; and
c
31st December 2005 in the case of the remaining third of the members.
6
Except as mentioned in paragraphs (5), (7), (8), (16) and (17), a member of the BTDC shall be appointed to hold office for a term of three years beginning on 1st January following his appointment.
7
If the justices decide to increase or decrease the number of members of the BTDC in accordance with paragraph (4) —
a
all existing members of the BTDC shall retire at the end of the year in which the decision is made;
b
members of the BTDC appointed in that year shall hold office from 1st January in the following year for the following periods (subject to paragraph (8)) —
i
one year, in the case of one third of the members;
ii
two years, in the case of one third of the members; and
iii
three years, in the case of the remaining one third of the members.
8
If, on a date before the end of the period specified in paragraph (6) or (as the case may be) paragraph (7)(b), the member would have served as a member of the BTDC for periods totalling nine years, that member’s term of office shall end on that date.
9
At each election meeting the justices shall either —
a
proceed at the meeting to elect the members of the BTDC; or
b
choose a panel of justices who shall within a period of 28 days of the meeting select the members of the BTDC.
10
A member of the BTDC shall be eligible for reappointment if, at the end of his most recent term of office, he will have served as a member of the BTDC for periods totalling less than nine years.
11
Members of the BTDC who take office on 1st January 2003 (and where paragraph (7) applies, on 1st January in the year on which the members' terms of office begin) shall hold a meeting as soon as practicable.
12
At that meeting the length of the terms of office of those members, subject to paragraphs (5) and (7), may be agreed between them, and if not agreed, shall be determined by lot conducted by the justices' chief executive.
13
At the first meeting of the BTDC after 1st January in each year, the members of the BTDC shall appoint a chairman to hold office until 31st December of that year.
14
Any casual vacancy shall be filled as soon as practicable in accordance with the method of filling casual vacancies agreed at the preceding election meeting.
15
If, but for paragraph (8), a member would have been appointed for a longer term, a casual vacancy shall arise when that member’s term of office ends.
16
A member appointed to fill a casual vacancy (other than one described in paragraph (15)) shall serve only for the remaining part of the period for which the member he replaced was appointed.
17
A member appointed to fill a casual vacancy described in paragraph (15) shall serve for the remaining part of such period as the member he is replacing would, but for paragraph (8), have been appointed.
18
Any period served by virtue of paragraphs (16) and (17) shall not count towards the period of nine years' service referred to in paragraphs (8) and (10).
19
The justices for two petty sessions areas which share a justices' clerk may establish a combined BTDC and —
a
the provisions of this rule shall apply to such a BTDC as they apply to a BTDC for a single petty sessions area, subject to such modifications to paragraphs (9) and (14) as are agreed by the justices for the petty sessions areas concerned; and
b
the justices for the petty sessions areas concerned shall decide the number of members of the combined BTDC.
20
Three members of the BTDC shall constitute a quorum, except if there is an emergency when two members shall constitute a quorum.
21
The justices' chief executive and the justices' clerk may attend the meetings of the BTDC and act in an advisory capacity only.
Functions of BTDC
15
1
The BTDC shall compile annually a list of justices approved to preside in court (in this rule and rule 16 called “approved court chairmen”) to sit in magistrates' courts other than family proceedings courts, youth courts, or licensing or betting licensing committees.
2
In establishing the list the BTDC shall consider the number of approved court chairmen necessary to —
a
enable each court to sit under the chairmanship of an approved court chairman; and
b
ensure that each court chairman has the opportunity to sit as chairman sufficiently often to maintain an appropriate level of competence.
3
The BTDC —
a
must regularly review the list of approved court chairmen; and
b
may at any time remove a justice’s name from, or add a justice’s name to, the list.
Presiding justices
16
No justice may preside in court unless he has completed a course of instruction for chairmanship provided by a magistrates' courts committee in accordance with arrangements approved by the Lord Chancellor under section 64 of the 1997 Act and either —
a
he has been included by the BTDC in the list of approved court chairmen; or
b
he is presiding under the supervision of an approved court chairman as part of his chairmanship training.
Absence of justice entitled to preside
17
The justices present may appoint one of their number to preside in court to deal with any case in the absence of a justice entitled to preside under rule 16, if —
a
before making such an appointment, the justices present are satisfied as to the suitability for this purpose of the justice proposed; and
b
the justice proposed has completed or is undergoing a course of instruction for chairmanship in accordance with arrangements approved by the Lord Chancellor under section 64 of the 1997 Act, unless by reason of illness, circumstances unforeseen when the justices to sit were chosen, or other emergency no such justice is present.
Requests to a justice to preside
18
1
A chairman or deputy chairman of the justices for a petty sessions area who is present at a meeting of those justices may, if he thinks it appropriate to do so, request another justice to preside under the provisions of section 22(2) of the 1997 Act.
2
Nothing in this rule shall permit a justice to preside in court unless he has completed or is undergoing a course of instruction for chairmanship approved by the Lord Chancellor under section 64 of the 1997 Act.
Justices' chief executive’s nominee
19
A justices' chief executive may, with the approval of the magistrates' courts committee for the area for which he is the justices' chief executive, appoint a nominee to perform some or all of his functions under these Rules.
Revocation
20
The Justices of the Peace (Size and Chairmanship of Bench) Rules 1995 (“the 1995 Rules ”) and the Justices of the Peace (Size and Chairmanship of Bench) (Amendment) Rules 1999 are revoked.
Transitional provisions
21
1
Subject to paragraph (2), appointments made under the 1995 Rules shall continue for the term specified in those Rules.
2
Members of the chairmanship committee appointed under the 1995 Rules shall retire on 31st December 2002.
3
Rule 10, rule 12, rule 13(4), (5), (9), (11), (12), and rules 14–17 of the 1995 Rules shall continue to apply until (and including) 31st December 2002 as if the 1995 Rules had not been revoked.
4
Rule 13 of these Rules shall not apply to any vacancy in an appointment made under the 1995 Rules.
Signed by the authority of the Lord Chancellor
Michael Wills
Parliamentary Secretary,
Lord Chancellor’s Department
Dated 31st January 2002


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) (No. 2) Order 2002 and shall come into force on 30th July 2002.
Amendment of the Air Navigation Order 2000
2
The Air Navigation Order 2000 shall be amended as follows.
3
1
At the commencement of article 22(2)(a)(ii) there shall be inserted “Subject to sub-paragraph (iii)”.
2
After article 22(2)(a)(ii) there shall be inserted:
iii
the CAA shall not on or after 30th July 2002 grant a microlight licence or a SLMG licence.
.
3
In article 22(3)(b)(ii) for “any additional aircraft rating” there shall be substituted “any additional aircraft class or type rating”.
4
After article 22(3)(b)(ii) there shall be inserted:
iii
The CAA shall not include in a National Private Pilot’s Licence (Aeroplanes) any rating or qualification other than an aircraft rating which includes only one or more of a simple single engine aeroplane ( NPPL ) class rating, a Microflight class rating or a SLMG class rating.
iv
Subject to sub-paragraphs (2)(a)(ii) and (iii) the CAA shall not include a simple single engine aeroplane (NPPL) class rating, a Microlight class rating or a SLMG class rating in an aircraft rating included in any United Kingdom licence.
3A
Nothing in this Order shall oblige the CAA to accept an application for the issue of a National Private Pilot’s Licence (Aeroplanes) when the application is not supported by such reports from such persons as the CAA may approve (either generally or in a particular case or class of cases).
.
5
After article 24 there shall be inserted:
Maintenance of privileges of aircraft ratings in National Private Pilot’s Licences
24A
1
The holder of a National Private Pilot’s Licence (Aeroplanes) shall not be entitled to exercise the privileges of a simple single engine aeroplane (NPPL) class rating contained in the licence on a flight unless the rating is valid in accordance with Section 3 of Part C of Schedule 8.
2
The holder of a National Private Pilot’s Licence (Aeroplanes) shall not be entitled to exercise the privileges of a SLMG class rating or a Microlight class rating contained in the licence on a flight unless the licence includes a valid certificate of test or a valid certificate of experience in respect of the rating, which certificate shall in either case be appropriate to the functions he is to perform on that flight in accordance with Section 1 of Part C of Schedule 8 to this Order and shall otherwise comply with that Section.
.
6
a
In article 129(1) after the definition of “Sector” there shall be inserted:
“Self launching motor glider” means an aircraft with the characteristics of a non-power-driven glider and which is fitted with one or more power units which is designed or intended to take off under its own power;
“Simple single engine aeroplane” means for the purposes of the National Private Pilot’s Licence a single engine piston aeroplane with a maximum take off weight authorised not exceeding 2,000 kgs and which is not a microlight aeroplane or a self launching motor glider;
.
b
In article 129(1) after the definition of “Skill test” there shall be inserted:
“SLMG” means a self launching motor glider;
.
7
In Schedule 8, Part A after Section 2 there shall be inserted:
Section 3 — National Private Pilot’s Licence (Aeroplanes)
National Private Pilot’s Licence (Aeroplanes)
Minimum age — 17 years
No maximum period of validity
Privileges and conditions:
1
Subject to paragraph (2) the holder of the licence shall be entitled to fly as pilot in command of any simple single engine aeroplane, microlight aeroplane or SLMG specified or otherwise falling within an aircraft rating included in the licence.
2
a
i
He shall not fly such a simple single engine aeroplane or a microlight aeroplane outside the United Kingdom except in accordance with article 21(10)(a).
ii
aa
Subject to sub-paragraph (bb) he shall not fly such a SLMG in or over the territory of a Contracting State other than the United Kingdom except in accordance with permission granted by the competent authorities of that State.
bb
He may fly a SLMG outside the United Kingdom if his licence includes a SLMG rating and a medical certificate appropriate for such a flight.
b
i
Subject to sub-paragraph (ii) he shall not fly such an aeroplane for the purpose of public transport or aerial work.
ii
He may fly such an aeroplane for the purpose of aerial work which consists of towing another aeroplane or glider in flight:
aa
in an aeroplane owned, or operated under arrangements entered into, by a club of which the holder of the licence and any person carried in the towing aeroplane or in any aeroplane or glider being towed are members; or
bb
aaa
in an aeroplane owned, or operated under arrangements entered into, by an organisation approved by the CAA for the purpose of this provision;
bbb
when the holder of the licence is a member of an organisation approved by the CAA for the purpose of this provision; and
ccc
when any person carried in the towing aeroplane or in any aeroplane or glider being towed is a member of an organisation approved by the CAA for the purpose of this provision;
c
i
He shall not fly as pilot in command of such a simple single engine aeroplane on a flight outside controlled airspace when the flight visibility is less than 5 km.
ii
He shall not fly as pilot in command of such a SLMG or microlight aeroplane on a flight outside controlled airspace when the flight visibility is less than 3 km.
d
He shall not fly as pilot in command of such an aeroplane on a flight outside controlled airspace:
i
on a special VFR flight in a control zone in a flight visibility of less than 10 km; or
ii
out of sight of the surface.
e
i
He shall not fly as pilot in command of such a simple single engine aeroplane at night.
ii
He shall not fly as pilot in command of such a microlight aeroplane or a SLMG at night.
f
He shall not fly as pilot in command of such an aeroplane in circumstances which require compliance with the Instrument Flight Rules.
g
He shall not fly as pilot in command of such an aeroplane carrying passengers unless within the preceding 90 days he has made three take-offs and three landings as the sole manipulator of the controls of an aeroplane of the same type.
h
He shall not fly as pilot in command of such an aeroplane when the total number of persons carried (including the pilot) exceeds four.
i
He shall not fly as pilot in command of such a simple single engine aeroplane where:
i
the aeroplane is fitted with a tricycle undercarriage;
ii
the aeroplane is fitted with a tailwheel;
iii
the engine is fitted with either a supercharger or turbo-charger;
iv
the engine is fitted with a variable pitch propeller;
v
the landing gear is retractable;
vi
a cabin pressurisation system is fitted; or
vii
the aeroplane has a maximum continuous cruising speed in excess of 140 knots indicated airspeed;
unless appropriate differences training has been completed and recorded in his personal flying log book.
j
He shall not fly as pilot in command of such a microlight aeroplane where:
i
the aeroplane has 3 axis controls and his previous training and experience has only been in an aeroplane with flexwing controls; or
ii
the aeroplane has flexwing controls and his previous training and experience has only been in an aeroplane with 3 axis controls;
unless appropriate differences training has been completed and recorded in his personal flying logbook.
.
8
In Schedule 8, Part B, after the instrument rating (helicopter) there shall be inserted:
Microlight class rating shall, when included in the aircraft rating of a National Private Pilot’s Licence (Aeroplanes) or a United Kingdom Private Pilot’s Licence (Aeroplanes) and subject to the conditions of the licence in which it is included, entitle the holder to act as pilot in command of any microlight aeroplane.
.
9
In Schedule 8, Part B, after the night rating (gyroplanes) there shall be inserted:
Simple single engine aeroplane (NPPL) class rating shall, when included in the aircraft rating of a National Private Pilot’s Licence (Aeroplanes) and subject to the conditions of that licence, entitle the holder to act as pilot in command of any simple single engine aeroplane with a maximum take off weight authorised not exceeding 2,000 kgs excluding any such aeroplane which is a self launching motor glider or a microlight aeroplane.
SLMG class rating shall, when included in the aircraft rating of a National Private Pilot’s Licence (Aeroplanes) or a United Kingdom Private Pilot’s Licence (Aeroplanes) and subject to the conditions of the licence in which it is included, entitle the holder to act as pilot in command of any SLMG.
.
10
In Schedule 8, Part C, after section 2 there shall be inserted:
Section 3 — Maintenance of validity of National Private Pilot’s Licence (Aeroplanes)
1
A simple single engine aeroplane (NPPL) class rating included in a National Private Pilot’s Licence (Aeroplanes) shall not be valid for the purposes of article 24A unless the provisions of this Section have been complied with.
2
a
A simple single aeroplane (NPPL) class rating shall be valid if either:
i
the holder has within the 12 months preceding the flight flown not less than six hours in an aeroplane falling within the simple single engine aeroplane (NPPL) class rating, four hours of which shall have been as pilot in command and he has carried out a training flight of at least 1 hour duration with a flying instructor within the previous 24 months; or
ii
he has within the three months preceding the expiry of the rating undertaken a simple single engine aeroplane (NPPL) General Skills Test.
.
A.K. Galloway
Clerk of the Privy Council