text:
INTRODUCTORY
Citation, commencement, extent and application
1
1
This Order may be cited as the Overseas Territories (Zimbabwe) (Restrictive Measures) Order 2002 and shall come into force on 19th April 2002.
2
a
This Order shall extend to the territories listed in Schedule 1.
b
Article 19 of this Order shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
c
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
3
Articles 7, 8 and 9 of this Order shall apply to any person within the Territory and to any person elsewhere:
a
who is a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and ordinarily resident in the Territory; or
b
who is a body incorporated or constituted under the law of any part of the Territory.
Interpretation
2
1
In this Order, the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the Territory of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“funds, financial assets or economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;
“Governor” means the Governor or other officer administering the government of the Territory;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator” in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or the vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“relevant institution” means —
the person or body responsible for carrying out in the Territory the functions of a monetary authority;
any person who may lawfully accept deposits in or from within the Territory by way of business; and
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 made under the Import, Export and Customs Powers (Defence) Act 1939 and equipment that might be used for internal repression as listed in Schedule 3 to this Order;
“ship” includes every description of vessel used in navigation;
“shipment” includes loading into an aircraft;
“stores” means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a vessel or aircraft as merchandise for sale by retail to persons carried therein;
“Supreme Court” means the Court of the Territory having unlimited jurisdiction in civil proceedings;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) of this article —
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 ; and
b
a person is not regarded as accepting deposits by way of business if —
i
he does not hold himself out as accepting deposits on a day to day basis, and
ii
any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph 2(b)(ii) of this article whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3
1
Any person who, except under the authority of a licence granted by the Governor under this article or article 4,
a
supplies or delivers,
b
agrees to supply or deliver, or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person or place in Zimbabwe from the Territory shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person or place in Zimbabwe.
2
Any British citizen, British overseas territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constituted under the law of any part of the Territory who in any place outside the Territory, except under the authority of a licence granted by the Governor under this article or article 4,
a
supplies or delivers,
b
agrees to supply or deliver, or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person or place in Zimbabwe shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person or place in Zimbabwe.
Exportation of restricted goods to Zimbabwe
4
Except under the authority of a licence granted by the Governor under this article, restricted goods are prohibited to be exported from the Territory to any person or place in Zimbabwe or to any person or place for the purpose of delivery, directly or indirectly, to or to the order of any person or place in Zimbabwe.
Provision of certain technical assistance or training
5
1
Any person, except under the authority of a licence granted by the Governor under this article, who from the Territory directly or indirectly provides to a person or place in Zimbabwe any technical assistance or training related to the provision, manufacture, maintenance or use of any restricted goods shall be guilty of an offence under this Order.
2
Any British citizen, British overseas territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constituted under the law of any part of the Territory who in any place outside the Territory directly or indirectly provides to a person or place in Zimbabwe any technical assistance or training related to the provision, manufacture, maintenance or use of any restricted goods shall be guilty of an offence under this Order.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6
1
Without prejudice to the generality of articles 3 and 4, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage of those goods to a person listed in Schedule 4 to this Order.
2
This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is- —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of any part of the Territory.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then —
a
in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage to a person or place in Zimbabwe.
4
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
FUNDS, FINANCIAL ASSETS OR ECONOMIC RESOURCES
Making funds, financial assets or economic resources available to any person listed in Schedule 4
7
Any person who, except under the authority of a licence granted by the Governor under this article, makes any funds, financial assets or economic resources available to or for the benefit of any person listed in Schedule 4 to this Order shall be guilty of an offence under this Order.
Freezing of funds, financial assets or economic resources
8
1
Where the Governor has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds, financial assets or economic resources are held is or may be a person listed in Schedule 4 to this Order, the Governor may by notice direct that those funds, financial assets or economic resources are not to be made available to any person, except under the authority of a licence granted by the Governor under article 7.
2
A direction given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The Governor may by notice revoke a direction given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 7 in respect of the funds, financial assets or economic resources in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds, financial assets or economic resources in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds, financial assets or economic resources they are, or on whose behalf they are, held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds, financial assets or economic resources are held may apply to the Supreme Court for the direction to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Governor (and to any other person by, for or on behalf of whom those funds, financial assets or economic resources are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence under this Order.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under article 7 or 8(9)
9
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 7 or 8(9) is guilty of an offence under this Order.
Failure to disclose knowledge or suspicion of measures
10
1
A relevant institution is guilty of an offence if:
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time:
i
is a person listed in Schedule 4 to this Order; or
ii
has committed an offence under article 7, 8(9) or 12(2); and
b
it does not disclose to the Governor the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Governor:
a
its knowledge or suspicion that a person is a person listed in Schedule 4 to this Order or a person who has committed an offence under article 7, 8(9) or 12(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Customs powers to demand evidence of destination which goods reach
11
Any exporter or any shipper of goods which have been exported from the Territory shall, if so required by the Governor, furnish within such time as the Governor may allow proof to the Governor’s satisfaction that the goods have reached a destination to which their exportation was not prohibited by this Order, and, if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
12
1
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence under this Order, and any licence granted in connection with the application for which the false statement was made or the false document or information was furnished shall be void as from the time it was granted.
2
Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
13
1
Any person who is about to leave the Territory shall, if he is required to do so by any authorised person:
a
declare whether or not he has with him any restricted goods which are destined for a person or place in Zimbabwe or for delivery, directly or indirectly, to or to the order of any person or place in Zimbabwe; and
b
produce any such goods as aforesaid which he has with him.
Any authorised person, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid, provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
4
In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected ships
14
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article:
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 6, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph (1)(c) of this article is either:
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps:
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Territory, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 17(3), where:
a
a master refuses or fails to comply with a request made under paragraph (2)(b) of this article, or
b
an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means:
a
any commissioned naval or military officer;
b
any British consular officer;
c
any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected aircraft
15
1
Where any authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article:
a
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
if the aircraft is then in the Territory any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 17(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
16
1
Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of article 6:
a
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
any authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Territory until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 17(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose:
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article, “authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 14 to 16
17
1
No information furnished or document produced by any person in pursuance of a request made under article 14, 15 or 16 shall be disclosed except:
a
with the consent of the person by whom the information was furnished or the document was produced, provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in his own right;
b
to any person who would have been empowered under article 14, 15 or 16 to request that it be furnished or produced to any person holding or acting in any office under or in the service of:
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory to which this Order extends; or
c
with a view to the institution of, or otherwise for the purposes of, any proceedings:
i
in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any territory to which this Order extends.
2
Any power conferred by article 14, 15 or 16 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say:
a
a master of a ship who disobeys any direction given under article 14(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who:
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 14, 15 or 16 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of any such person) in the exercise of his powers under article 14, 15 or 16.
4
Nothing in articles 14 to 17 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
18
The provisions of Schedule 5 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Governor:
a
of evidence or information for the purpose of securing compliance with or detecting evasion of:
i
this Order in the Territory; or
ii
any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any territory to which this Order extends; and
b
of evidence of the commission of —
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any territory to which this Order extends.
Penalties and Proceedings
19
1
Any person guilty of an offence under article 3, 5, 6(3), 7, 8(9), 9, 17(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 5 to this Order shall be liable:
a
on conviction on indictment or information to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
2
Any person guilty of an offence under article 12(1) or (2) or article 13(3) shall be liable:
a
on conviction on indictment or information to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
4
Any person guilty of an offence under article 8(10), 10, 17(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 5 shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
5
Any person guilty of an offence under article 11 or 13(2) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the Governor
20
1
The Governor may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
21
1
Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing done anywhere other than the Territory provided that it is duly authorised.
2
A thing is duly authorised for the purpose of paragraph (1) of this article if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
A. K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (Amendment) (No. 2) Regulations 2002 and shall come into force on 1st September 2002.
2
The Education (Student Support) Regulations 2002 shall be amended in accordance with these Regulations.
Amendments to the Regulations
3
1
Regulation 12 shall be amended as follows.
2
For paragraph (3)(e)(i) substitute —
i
a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977 or a Special Health Authority established pursuant to section 11 of that Act ;
4
In regulation 20(12) after “regulation 12(2)(a)” insert “or 2 (b)”.
David Miliband
Minister of State,
Department for Education and Skills
6th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Birmingham Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 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 North Birmingham 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 20th March 2002 a Primary Care Trust to be called the North Birmingham Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Birmingham 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 Birmingham Specialist Community Health 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
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
1
This Order may be cited as the Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 (Commencement) Order 2002.
2
The Copyright, etc. and Trade Marks (Offences and Enforcement) Act 2002 shall come into force on 20th November 2002.
Melanie Johnson
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
5th November 2002


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food (Peanuts from China) (Emergency Control) (England) Regulations 2002 and shall come into force on 23rd March 2002.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where otherwise indicated and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2002/79/ EC imposing special conditions on the import of peanuts and certain products derived from peanuts originating in or consigned from China as amended by Commission Decision 2002/233/EC ;
“Chinese peanuts” means —
peanuts falling within CN code 1202 10 90 or within CN code 1202 20 00;
roasted peanuts falling within CN code 2008 11 92 (in immediate packs of a net content exceeding 1 kg ) or roasted peanuts falling within CN code 2008 11 96 (in immediate packs of a net content not exceeding 1 kg); and
peanuts falling within CN code 2008 11 94 (in immediate packs of a net content exceeding 1kg) or peanuts falling within CN code 2008 11 98 (in immediate packs of a net content not exceeding 1 kg),
originating in, or consigned from, China;
“controlled Chinese peanuts” means Chinese peanuts which are intended for human consumption or to be used as an ingredient in foodstuffs;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; and
“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 .
2
Any term used in the definition of “Chinese peanuts” or “controlled Chinese peanuts” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition of import
3
1
Subject to paragraph (3), no person shall import into England any controlled Chinese peanuts unless —
a
the conditions specified in Article 1.1 and 1.3 of the Commission Decision are satisfied in relation to those peanuts; or
b
the derogation contained in Article la of the Commission Decision (which is concerned with consignments which left China prior to 11th March 2002) is satisfied in relation to them.
2
Subject to paragraph (3), no person shall import into England any controlled Chinese peanuts, except through a point of entry listed in Annex II to the Commission Decision.
3
Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into England from a member State of any controlled Chinese peanuts which are in free circulation in that State.
4
For the purposes of this regulation, any Chinese peanuts shall be presumed until the contrary is proved to be controlled Chinese peanuts.
5
Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2), an authorised officer of the authority concerned shall have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders made under the Act.
4
Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application etc. of various provisions of the Act
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (b);
d
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
e
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (c);
f
section 36 (offences by bodies corporate); and
g
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority or a port health authority may at all reasonable times inspect any controlled Chinese peanuts which —
a
have been sold or are offered or exposed for sale; or
b
are in the possession of, or have been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
2
Subsections (3) to (8) below shall apply where, whether or not on an inspection carried out under subsection (1) above, it appears to an authorised officer that any controlled Chinese peanuts have been imported into England in contravention of regulation 3(1) or (2) of the Food (Peanuts from China) (Emergency Control) (England) Regulations 2002.
3
The authorised officer may either —
a
give notice to the person in charge of the peanuts that, until the notice is withdrawn, the peanuts or any specified quantity of them —
i
are not to be used for human consumption, and
ii
either are not to be removed or are not to be removed except to some place specified in the notice; or
b
seize the peanuts and remove them in order to have them dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the peanuts have not been imported in contravention of regulation 3(1) or (2) of the above Regulations and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the peanuts and remove them in order to have them dealt with by a justice of the peace.
5
Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the peanuts of his intention to have them dealt with by a justice of the peace and —
a
any person who under regulation 3(5) of the above Regulations might be liable to a prosecution in respect of the peanuts shall, if he attends before the justice of the peace by whom the peanuts fall to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(1) or (2) of the above Regulations in relation to those peanuts.
6
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any peanuts falling to be dealt with by him under this section have been imported in contravention of regulation 3(1) or (2) of the above Regulations, he shall condemn the peanuts and order —
a
the peanuts to be destroyed or to be so disposed of as to prevent them from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the peanuts.
7
If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any peanuts fall to be dealt with under this section refuses to condemn them, the food authority or, as the case may be, port health authority, shall compensate the owner of the peanuts for any depreciation in their value resulting from the action taken by the authorised officer.
8
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.
9
For the purposes of this section, any Chinese peanuts shall be presumed until the contrary is proved to be controlled Chinese peanuts.
.
3
The expressions “Chinese peanuts”, “controlled Chinese peanuts”, “food authority”, “for human consumption” and “port health authority”, which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
4
Section 2 of the Act (extended meaning of “sale” etc.) shall apply in relation to section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2).
5
Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that —
a
for the words “an enforcement authority” there shall be substituted the words “a food authority or as the case may be a port health authority”;
b
for subsection b(ii) there shall be substituted the following provision —
ii
is found by him on or in any premises which he is authorised to enter by virtue of regulation 4(3) of the Food (Peanuts from China) (Emergency Control) (England) Regulations 2002;
;
c
the power to take samples under subsections (b) and (d) shall be limited to the taking of samples in accordance with the methods of taking samples described or referred to in Annex I to Directive 98/53/EC ;
d
subsection (c) shall be omitted; and
e
for the words “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted the words “the Food (Peanuts from China) (Emergency Control) (England) Regulations 2002”.
6
Where, pursuant to section 29(b) of the Act as applied by paragraph (5), an authorised officer has taken a sample of any peanuts he believes to be controlled Chinese peanuts, he shall ensure that —
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC ,
and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
an analysis of the sample is carried out in accordance with methods of analysis which —
i
so far as practicable, comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591/ EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto;
c
an analysis of the sample is carried out by a laboratory which complies with Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs ; and
d
the reporting of the result of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
21st March 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 3) Regulations 2002.
2
These Regulations shall come into force on 8th January 2003, but shall have effect —
a
for the purposes of regulation 3 —
i
where a notice of discovery is given on or after 8th January 2003, and
ii
in relation to subscriptions to accounts made on or after 6th April 2001;
b
for the purposes of regulation 4, for subscriptions to accounts made on or after 6th April 2003; and
c
for the purposes of regulation 7, on or after 6th April 2003.
Interpretation
2
In the following regulations “the principal Regulations ” means the Individual Savings Account Regulations 1998 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
After regulation 4 insert —
Repair of certain incompatible accounts
4A
1
An invalid account is “eligible for repair” if, in relation to the year in which the subscriptions to the account were made (“the relevant year”), it satisfies —
a
the First Condition below, and
b
any one of the Second to Fourth Conditions.
First Condition
The account is invalid because it causes the account investor to breach the conditions in regulation 4(1)(c)(ii) or (d)(ii), as the case may be (which, taken together, allow an individual to subscribe to either one maxi-account, or to single mini-accounts with each of the 3 types of component, during a year), and for no other reason.
Second Condition
Subscriptions have been made to the account during the relevant year pursuant to regulation 5(1) (transfers from matured TESSAs), with or without other subscriptions.
Third Condition
The account would have been a “first later account” under regulation 4B if that regulation had effect prior to 6th April 2003 (but not earlier than 6th April 2001).
This condition shall not have effect on or after 6th April 2003 (when it is replaced by regulation 4B).
Fourth Condition
The account is (disregarding any account which is eligible for repair under the Third Condition) the earliest account in the relevant year, the subscriptions to which caused the account investor to breach the conditions of regulation 4(1)(c)(ii) or (d)(ii), as the case may be, (that is, it was first subscribed to earlier in that year than any other such account).
2
In this regulation —
a
where an account investor subscribes to a particular account in more than one year, each year’s subscriptions shall be treated as a separate account for the purposes of this regulation, and regulation 4B (except for determining when an account is closed) only;
b
“date of discovery” means the date on which an officer of the Board gives a notice (“notice of discovery”) to the account manager or account investor that the account is invalid, and (if appropriate) directions under paragraph (5) below;
c
“counting towards the subscription limits” has the meaning in regulation 5(1);
d
“valid account” means an account which (apart from under this regulation) is exempt from tax under regulation 22(I);
e
“invalid account” means a scheme of investment which is not exempt from tax under these Regulations but which (if so exempt) would be an account, within the meaning in regulation 4(1)(a) and, in relation to an invalid account, references to an account, a component and subscriptions pursuant to regulation 5(1) have corresponding meanings; and
f
(for the avoidance of doubt) “repair” of an account is without prejudice to loss of, and accounting to the Board for, any relief from tax given for the period up to the date of discovery.
3
An invalid account which is eligible for repair shall be treated as —
a
exempt from tax under this regulation (as if under regulation 22), and
b
complying with the conditions of regulation 4(1)(c)(ii) or (d)(ii), as the case may be,
as from the date of discovery, to the extent of the relevant proportion mentioned in paragraph (4)(b).
4
a
Calculate the extent to which the subscriptions made (and counting towards the subscription limits) during the relevant year —
i
to that account, any other account which is eligible for repair, and any valid account, but
ii
disregarding any closed account, or subscriptions to a closed account, in relation to which a first later account qualifies for the relief in regulation 4B(2) or satisfies the Third Condition above,
taken together, as if they were subscriptions to a single maxi-account and allocations to the corresponding components of that account, do not exceed the subscription and allocation limits in regulation 4(2) to (2B), as the case may be, and
b
an officer of the Board shall apportion that result between the accounts mentioned in sub-paragraph (a)(i), and the amount apportioned to the account mentioned in paragraph (3) is the relevant proportion.
5
The account manager must comply within 30 days with any directions in the notice of discovery which —
a
make the apportionment under paragraph (4)(b) and identify the account and component from which excess subscriptions or allocations (if any) are to be removed;
b
direct the removal of subscriptions and proceeds representing them from an account; or
c
direct the removal of subscriptions and proceeds representing them from a component.
.
4
After regulation 4A (inserted by regulation 3 above) insert —
Closure of mini-account or TESSA only account prior to the opening of the same type of account to be disregarded once
4B
1
Where —
a
an account investor, within the same year —
i
subscribes to a mini-account or TESSA only account,
ii
then closes it (“the closed account”), and
iii
subsequently first subscribes to another account which has the same designation and type of component as the closed account, and
b
the closed account was (apart from under this regulation) exempt from tax under regulation 22(1),
the earliest account in that year to fall within the terms of sub-paragraph (a)(iii) (the “first later account”) shall be eligible for the relief in paragraph (2).
2
The first later account shall be treated, as from the date of the first subscription to it mentioned in paragraph (1)(a)(iii) —
a
in the case of a mini-account, as complying with the conditions of regulation 4(1)(d)(ii), and
b
in the case of a TESSA only account, as complying with the conditions of regulation 5(1),
in the same manner as the closed account.
3
In this regulation, an account is closed where —
a
the account investor withdraws from the account all account investments, other proceeds in respect of such investments and cash, representing subscriptions to the account (and closure shall be treated as occurring at the date of such withdrawal), and
b
no further subscriptions to the account are made during the remainder of the year, after such withdrawal.
.
5
In regulation 12 —
a
in paragraph (9) omit “or regulation 13”;
b
in paragraph (10) omit “or regulation 13(4)(h)(iv)” and for “either this regulation or regulation 13” substitute “this regulation”; and
c
after paragraph (11) add —
12
An application may be made on behalf of an individual who is suffering from mental disorder, by a parent, guardian, spouse, son or daughter of the individual, and shall be treated for the purposes of these Regulations as an application made by the individual.
13
In paragraph (12) “mental disorder” has the meaning given by section 1(2) of the Mental Health Act 1983 or, in Scotland, section 1(2) of the Mental Health (Scotland) Act 1984 or, in Northern Ireland, Article 3 of the Mental Health (Northern Ireland) Order 1986 .
.
6
Omit regulation 13.
7
In regulation 31(3)(c) —
a
in the words preceding paragraph (i) omit “other than those made pursuant to regulation 5(1)”;
b
in paragraph (i) add at the end “or a TESSA only account”;
c
in paragraph (iii) omit “, other than pursuant to regulation 5(1),”; and
d
after paragraph (iv) add —
and —
v
the date when any such mini-account or TESSA only account was closed, where that occurred during the year or the part of the year for which the return was made.
.
8
In regulation 36(6) , for both the paragraph (d) treated as inserted in section 552(6) of the Taxes Act, and the paragraph (ca) treated as inserted in section 552(7) of that Act, substitute the following appropriately numbered paragraph —
if the event is —
i
a termination event, or
ii
a chargeable event preceding such a termination event (as mentioned in regulation 36(2) of the Individual Savings Account Regulations 1998),
the period of three months beginning with the date on which the insurer received notice under regulation 9(9)(b) of those Regulations or, if earlier, actual notice of the termination event.
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2002


text:
Title and commencement
1
These Regulations may be cited as the Contaminants in Food (England) (Amendment) Regulations 2002 and shall come into force on 24th July 2002.
Amendment of the Contaminants in Food (England) Regulations 2002
2
In paragraph (1) of regulation 2 of the Contaminants in Food (England) Regulations 2002 (interpretation) —
a
for the definition of “the Commission Regulation” there shall be substituted the following definition —
“the Commission Regulation” means Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as amended by Commission Regulation (EC) No. 221/2002 , Commission Regulation (EC) No. 257/2002 , Commission Regulation (EC) No. 472/2002 as corrected by a corrigendum published on 23rd March 2002 and Commission Regulation (EC) No. 563/2002 as corrected by a corrigendum published on 14th June 2002 ;
; and
b
for the definition of “port health authority” there shall be substituted the following definition —
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
22nd July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnsley Community and Priority Services National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Barnsley Community and Priority Services National Health Service Trust ;
“the new Trust” means the Barnsley District General Hospital National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 27th November 2001 and on behalf of the new Trust on 26th 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 Administration of Insolvent Estates of Deceased Persons (Amendment) Order 2002 and shall come into force on 31st May 2002.
2
In this Order, references to “the 1986 Order ” are references to the Administration of Insolvent Estates of Deceased Persons Order 1986 .
Amendments to the Administration of Insolvent Estates of Deceased Persons Order 1986
2
1
The 1986 Order is amended as provided in this Order.
2
Anything done before 31st May 2002 under or for the purposes of any provision of the 1986 Order is not invalidated by the amendment of that provision by this Order, but it has effect as if done under or for the purposes of the provision as amended.
Amendments to Schedules to the Administration of Insolvent Estates of Deceased Persons Order 1986
3
1
After paragraph 1(c) of Part II of Schedule 1 to the 1986 Order (who may present a bankruptcy petition) insert —
ca
at the end of paragraph 1(ba) there shall be added the words “in Form 1, with such variations as the case requires (if any), set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986”;
cb
at the end of paragraph 1(bb) there shall be added the words “in Form 1, with such variations as the case requires (if any), set out in Schedule 3 to the Administration of Insolvent Estates of Deceased Persons Order 1986”;
.
2
For paragraph 2(a) of Part II of Schedule 1 to the 1986 Order (modified version of section 266 of the Insolvency Act 1986) substitute —
a
for subsection (1) there shall be substituted the following: —
1
An insolvency administration petition shall —
a
if a liquidator (within the meaning of Article 2(b) of the EC Regulation ) has been appointed in proceedings by virtue of Article 3(1) of the EC Regulation in relation to the deceased debtor, be served on him;
b
unless the court directs otherwise, be served on the personal representative; and
c
be served on such other persons as the court may direct.
; and
.
3
For paragraph 25 of Part II of Schedule 1 to the 1986 Order (modified version of section 330 of the Insolvency Act 1986) substitute —
25
Section 330 with the following modifications: —
a
in subsection (5) for the words “the bankrupt is entitled to the surplus” there shall be substituted the words “the surplus shall be paid to the personal representative unless the court otherwise orders”, and
b
after subsection (5) there shall be added: —
6
Subsection (5) is subject to Article 35 of the EC Regulation (surplus in secondary proceedings to be transferred to main proceedings).
.
4
The forms contained in the Schedule to this Order are substituted for the forms identically numbered in Schedule 3 to the 1986 Order.
Irvine of Lairg, C.
7th May 2002
I concur,
Patricia Hewitt,
Secretary of State for Trade and Industry
9th May 2002


text:
Citation, application, commencement and interpretation
1
1
These Regulations which may be cited as the National Institute for Clinical Excellence (Amendment) Regulations 2002 apply to England and Wales and shall come into force on 1st August 2002.
2
In these Regulations the “ principal Regulations ” means the National Institute for Clinical Excellence Regulations 1999 ;
Amendment of regulation 4 of the principal Regulations
2
Regulation 4 of the principal Regulations (appointment of chief officers), is amended as follows —
a
in paragraph (1) for the word “four” substitute the word “five”;
b
delete paragraph (2).
Amendment of regulation 9 of the principal Regulations
3
1
Regulation 9 of the principal Regulations (appointment of committees and sub-committees), is amended in accordance with the following provisions.
2
In paragraph (1) —
a
delete the words “the following committees — (a)”;
b
delete sub-paragraph (b).
3
In paragraph (3) —
a
delete the words “and the members of the Appraisal Committee”;
b
delete the words after “Institute” where it appears for the second time to the end.
Signed on behalf of the National Assembly for Wales under Section 66(1) of the Government of Wales Act 1998
Dafydd Ellis Thomas
The presiding Officer of the National Assembly
4th July 2002
Hunt
Parliamentary Under-Secretary of State
Department of Health
9th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Borough of Blackburn with Darwen and the City of Peterborough (Changes to Years of Elections) Order 2002 and shall come into force on 18th December 2002.
2
In this Order —
“relevant district” means the borough of Blackburn with Darwen or the City of Peterborough; and
“relevant parish” means the parish of a local authority specified in sub-paragraph (c) or (d) of article 2.
Specified authorities
2
The following local authorities in England are specified for the purposes of this Order —
a
the council of the borough of Blackburn with Darwen;
b
the council of the City of Peterborough;
c
the parish councils of the following parishes within the borough of Blackburn with Darwen —
i
Livesey;
ii
North Turton;
iii
Pleasington; and
iv
Tockholes;
d
the parish councils of the following parishes within the City of Peterborough —
i
Bainton;
ii
Barnack;
iii
Bretton;
iv
Etton;
v
Helpston;
vi
Orton Longueville;
vii
Orton Waterville;
viii
Southorpe; and
ix
Ufford.
Changes to years of elections
3
1
The ordinary elections of councillors of a relevant district that would, but for this Order, have taken place on the ordinary day of election of councillors in 2003 shall instead take place on the ordinary day of election of councillors in 2004.
2
The ordinary elections of councillors of a relevant district that would, but for this Order, have taken place on the ordinary day of election of councillors in 2004 shall instead take place on the ordinary day of election of councillors in 2005.
3
The ordinary elections of parish councillors of a relevant parish that would, but for this Order, have taken place on the ordinary day of election of councillors in 2003 and every fourth year after 2003 shall instead take place on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
Retirement of councillors
4
1
Any councillor of a relevant district and any parish councillor of a relevant parish holding office immediately before the fourth day after the ordinary day of election of councillors in 2003 who would, but for this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2004.
2
Any councillor of a relevant district holding office immediately before the fourth day after the ordinary day of election of councillors in 2004 who would, but for this Order, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, retire instead on the fourth day after the ordinary day of election of councillors in 2005.
3
The term of office of councillors of a relevant district who are elected on the ordinary day of elections in 2004 or 2005 shall be three years.
4
Except as otherwise provided in the preceding paragraphs of this article, the term of office of councillors of a relevant district and parish councillors of a relevant parish shall be four years.
5
All councillors and parish councillors shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors and parish councillors shall come into office on the day on which their predecessors retire.
Revocations
5
1
In the Borough of Blackburn (Parishes and Electoral Changes) Order 1997 —
a
articles 4(10) and (11) and 5(1), (2), (3) and (7) shall be revoked; and
b
in paragraph (5) of article 5, the words “(3) or” and “, in the case of the parish councillors elected in 2000, three years and, in any other case,” shall be omitted.
2
In the City of Peterborough (Parishes and Electoral Changes) Order 1997 —
a
articles 4(10) and (11) and 8(4), (7) and (10) shall be revoked; and
b
in paragraph (8) of article 8, for “, (6) or (7)” there shall be substituted “or (6)”.
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under-Secretary of State,
Office of the Deputy Prime Minister
20th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Durham and Chester-le-Street Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation (1)2 of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Durham and Chester-le-Street Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the Durham and Chester-le-Street 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 presons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The County Durham and Darlington 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 North Durham Health Care National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Offshore Safety (Miscellaneous Amendments) Regulations 2002 and shall come into force on 17th September 2002.
2
References in these Regulations to the “Management Regulations” are to the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 .
Amendment of the Management Regulations
2
1
Regulation 2(1) of the Management Regulations shall be amended —
a
by deleting the word “and” at the end of sub-paragraph (b) of the definition of “relevant waters”; and
b
by inserting after the definition of “relevant waters” the following definition —
“supplementary unit” means a fixed or floating structure, other than a vessel, for providing energy, information or substances to an offshore installation; and
.
2
Regulation 3 of the Management Regulations shall be amended —
a
in paragraph (1), by substituting the words “together with any supplementary unit which is ordinarily connected to it or any part of it (including those parts described in paragraph (3) below) and all of the connections” for the words “and which is not an excepted structure”;
b
in paragraph (2), by substituting the words “Any reference in paragraph (1) to a structure or unit does not include” for the words “For the purposes of paragraph (1), the excepted structures are”; and
c
in sub-paragraph (e) of paragraph (2), by substituting the words “yet being moved with a view to its being” for the words “for the time being intended to be”.
Amendment of other enactments
3
The reference to regulation 3 of the Management Regulations in —
a
the definition of “installation” in —
i
paragraph (1) of regulation 2 of the Offshore Installations (Safety Case) Regulations 1992 ;
ii
paragraph (1) of regulation 2 of the Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 ; and
iii
paragraph (1) of regulation 2 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996 ; and
b
the definition of “offshore installation” in —
i
section 12(1) of the Mineral Workings (Offshore Installations) Act 1971 ; and
ii
regulation 2 of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 ,
shall be construed as a reference to regulation 3 of the Management Regulations as amended by these Regulations.
Signed by authority of the Secretary of State
Ian McCartney
Minister of State,
Department for Work and Pensions
17th August 2002


text:
Name and commencement
1
1
This Order is called the Newport (Caerleon and Malpas) Order 2002.
2
This Order comes into force on 1 April 2003 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 Newport (Caerleon and Malpas) 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) ;
“Newport” (“ Casnewydd ”) means the County Borough of Newport.
Changes in Community Areas
3
The part of Newport which is in the community of Caerleon and is shown hatched in black on the boundary map is separated from that community and forms part of the community of Malpas.
Signed on behalf of the National Assembly for Wales
E. Hart
Minister for Finance, Local Government and Communities
6th December 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Admissions Appeals Arrangements) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1998 Act ” means the School Standards and Framework Act 1998.
2
Any reference in these Regulations to a numbered section is a reference to that section of the 1998 Act, unless stated otherwise.
Constitution of appeal panels
3
Where arrangements or (as the case may be) joint arrangements are made by —
a
a local education authority under section 94(1) or (1A) ,
b
the governing body of a foundation or voluntary aided school under section 94(2) or (2A) ,
c
the governing bodies of two or more foundation or voluntary aided schools maintained by the same local education authority, in accordance with section 94(3) ,
d
a local education authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority, in accordance with section 94(4),
e
a local education authority under section 95(2),
an appeal shall be to an appeal panel constituted in accordance with the relevant paragraph of Schedule 1.
Duty to advertise for lay members
4
1
In this regulation —
a
“appropriate authority” means the body or (as the case may be) the bodies responsible for making the arrangements described in regulation 3;
b
“lay member” has the meaning given in paragraph 1(3) or 2(3) of Schedule 1.
2
The appropriate authority shall during the periods referred to in paragraph (3), secure the publication of an advertisement for lay members of appeal panels constituted in accordance with any of the paragraphs of Schedule 1.
3
The advertisement referred to in paragraph (2) shall be published before the end of the three year period starting when the last advertisement was published under the Education (Lay Members of Appeal Committees) Regulations 1994 and thereafter in every three year period following the date upon which an advertisement (or the final advertisement or series of advertisements) was last published in accordance with this regulation.
4
The advertisement referred to in paragraph (2) above shall —
a
identify by name, class, or general description the schools served by the appeal panels to which the advertisement refers;
b
be placed in at least one local newspaper circulating in the area in which the schools identified in the advertisement are situated;
c
allow a period of at least 21 days from the date of publication of the advertisement for replies.
5
Before appointing any lay members the appropriate authority shall consider any eligible persons who have applied to the authority in response to the most recent advertisement or series of advertisements placed in pursuance of paragraph (2) indicating that they wish to be considered for such appointment.
Procedure for appeals
5
An appeal to which these Regulations apply shall be made in accordance with Schedule 2.
Relevant considerations in appeals brought under sections 94 and 95
6
1
In relation to an appeal made under the arrangements referred to in regulation 3(a) to (d), the matters to be taken into account by an appeal panel, in considering an appeal, shall include —
a
any preference expressed by the appellant in respect of the child as mentioned in section 86, and
b
the arrangements for the admission of pupils published by the local education authority or the governing body in accordance with regulations made under section 92.
2
Where the decision under appeal was made on the ground that prejudice of the kind referred to in section 86(3)(a) would arise as mentioned in subsection (4) of that section, an appeal panel shall determine that a place is to be offered to the child only if they are satisfied —
a
that the decision was not one which a reasonable admission authority would make in the circumstances of the case; or
b
that the child would have been offered a place if the admission arrangements (as published in accordance with regulations made under section 92) had been properly implemented.
3
In relation to an appeal made under arrangements referred to in regulation 3(e), an appeal panel in considering an appeal shall have regard to —
a
the reasons for the local education authority’s decision that the child in question should be admitted; and
b
any reasons put forward by the governing body as to why the child’s admission would be inappropriate.
Payment of allowances
7
1
For the purpose of the payment of financial loss allowance under section 173(4) of the 1972 Act , that provision shall apply to any member of an appeal panel constituted in accordance with any of the paragraphs of Schedule 1; and in that section as it so applies the reference to an approved duty shall be read as a reference to attendance at a meeting of an appeal panel.
2
Section 174(1) of the 1972 Act shall apply in relation to any appeal panel constituted in accordance with any of the paragraphs of Schedule 1; and in that section as it so applies, the reference to payments at rates determined by the body in question shall be read as a reference to payments at rates determined —
a
by the authority, in the case of an appeal panel constituted under arrangements referred to in regulation 3(a), (d) or (e);
b
otherwise by the governing body or bodies of the school or schools in question.
Indemnity
8
1
Any local education authority or governing body making arrangements such as are referred to in regulation 3 shall indemnify the members of any appeal panel constituted for the purposes of those arrangements against any reasonable legal costs and expenses reasonably incurred by those members in connection with any decision or action taken by them in good faith in pursuance of their functions as members of that panel.
2
Where any such panel is constituted by —
a
the governing bodies of two or more foundation or voluntary aided schools maintained by the same local education authority, or
b
a local education authority and the governing body or bodies of one or more foundation or voluntary aided schools maintained by the authority,
any liability arising under paragraph (1) shall be a joint and several liability of the bodies by whom the joint arrangements are made unless otherwise previously agreed in writing between those bodies.
Revocation
9
The Education (Lay Members of Appeal Committees) Regulations 1994 are hereby revoked insofar as they relate to any appeal panel constituted in accordance with any of the paragraphs of Schedule 1.
David Miliband
Minister of State,
Department for Education and Skills
18th November 2002


text:
Citation and commencement
1
This Order may be cited as the Release of Short-Term Prisoners on Licence (Amendment of Requisite Period) Order 2002 and shall come into force on 16th December 2002.
Requisite period
2
1
In section 34A(4)(b) of the Criminal Justice Act 1991, for “eight months” there is substituted “twelve months”.
2
In section 34A(4)(c) of that Act, for “eight months” there is substituted “twelve months”, and for “60 days” there is substituted “90 days”.
Hilary Benn
Parliamentary Under-Secretary of State
Home Office
26th November 2002


text:
Citation and commencement
1
This Order may be cited as the St. Helens and Knowsley Community Health National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
The St. Helens and Knowsley Community Health National Health Service Trust is hereby dissolved and accordingly the St. Helens and Knowsley Community Health National Health Service Trust (Establishment) Order 1991 is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
1
This Order may be cited as the Value Added Tax (Transport) Order 2002 and comes into force on 1st June 2002.
2
In Group 8 (Transport) of Schedule 8 to the Value Added Tax Act 1994 (zero rating) —
a
for paragraph (b) of item 6 substitute —
b
the handling or storage —
i
in a port,
ii
on land adjacent to a port,
iii
in a customs and excise airport, or
iv
in a transit shed,
of goods carried in a ship or aircraft.
.
b
in Note (6), for “and “customs and excise airport”” substitute “,“customs and excise airport” and “transit shed””.
Tony McNulty,
Anne McGuire,
Two of the Lords Commissioners of Her Majesty’s Treasury
24th April 2002


text:
1
This Order may be cited as the Value Added Tax (Health and Welfare) Order 2002 and comes into force on 21st March 2002.
2
Group 7 (Health and Welfare) of Schedule 9 to the Value Added Tax Act 1994 (Exemptions) shall be varied in accordance with articles 3 to 6 below.
3
In item 4, for the words from “or other institution” to the end substitute “or state-regulated institution”.
4
For item 9 substitute —
9
The supply by —
a
a charity,
b
a state-regulated private welfare institution, or
c
a public body,
of welfare services and of goods supplied in connection with those welfare services.
.
5
For Note (6) substitute —
6
In item 9 “welfare services” means services which are directly connected with —
a
the provision of care, treatment or instruction designed to promote the physical or mental welfare of elderly, sick, distressed or disabled persons,
b
the care or protection of children and young persons, or
c
the provision of spiritual welfare by a religious institution as part of a course of instruction or a retreat, not being a course or a retreat designed primarily to provide recreation or a holiday,
and, in the case of services supplied by a state-regulated private welfare institution, includes only those services in respect of which the institution is so regulated.
.
6
After Note (7) insert —
8
In this Group “state-regulated” means approved, licensed, registered or exempted from registration by any Minister or other authority pursuant to a provision of a public general Act, other than a provision that is capable of being brought into effect at different times in relation to different local authority areas.
Here “ Act ” means —
an Act of Parliament;
an Act of the Scottish Parliament;
an Act of the Northern Ireland Assembly;
an Order in Council under Schedule 1 to the Northern Ireland Act 1974 ;
a Measure of the Northern Ireland Assembly established under section 1 of the Northern Ireland Assembly Act 1973 ;
an Order in Council under section 1(3) of the Northern Ireland (Temporary Provisions) Act 1972 ;
an Act of the Parliament of Northern Ireland.
.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rotherham Priority Health Services National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Rotherham Priority Health Services National Health Service Trust ;
“the new Trusts” means the Doncaster and South Humber Healthcare National Health Service Trust and the Rotherham General Hospital’s 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 Doncaster and South Humber Healthcare National Health Service Trust and signed on behalf of the old Trust on 6th February 2002 and on behalf of the Doncaster and South Humber Healthcare National Health Service Trust on 7th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Doncaster and South Humber Healthcare National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Rotherham General Hospital’s National Health Service Trust and signed on behalf of the old Trust on 6th February 2002 and on behalf of the Rotherham General Hospital’s National Health Service Trust on 7th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Rotherham General Hospital’s 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:
1
This Order may be cited as the Value Added Tax (Acquisitions) Relief Order 2002 and comes into force on 15th August 2002.
2
Subject to article 3 below, no VAT shall be payable on any acquisition from another member State of any goods where, if they were imported from a place outside the member States, relief from payment of VAT would be given by the Value Added Tax (Imported Goods) Relief Order 1984 (as amended from time to time).
3
The relief given by this Order in respect of the acquisition of any goods shall be subject to the same conditions as those to which, by virtue of the Value Added Tax (Imported Goods) Relief Order 1984 (as amended from time to time), relief under that Order would be subject in the case of an importation of those goods.
Jim Fitzpatrick
Ian Pearson
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Babergh (Electoral Changes) (Amendment) Order 2002.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2001 Order
2
1
The District of Babergh (Electoral Changes) Order 2001 shall be amended as follows.
2
In column 1 of the Schedule to the Order —
a
for the words “Brent Vale” there shall be substituted “Brett Vale”; and
b
for the words “Lower Brent” there shall be substituted “Lower Brett”.
3
In column 2 of the Schedule to the Order —
a
for the word “Sutton” (in the entry relating to the ward of Alton), there shall be substituted “Stutton”; and
b
for the words “The parishes of Lavenham” (in the entry relating to the ward of Lavenham) there shall be substituted “The parish of Lavenham”.
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
26th March 2002