text:
Title, commencement and extent
1
1
This Order may be cited as the Food (Star Anise from Third Countries) (Emergency Control) (England) Order 2002 and shall come into force on 16th February 2002.
2
This Order extends to England only.
Interpretation
2
In this Order —
“ the Act ” means the Food Safety Act 1990;
“the Commission Decision” means Commission Decision 2002/75/ EC laying down special conditions on the import from third countries of Star Anise ;
“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;
“Japanese Star Anise” means Star Anise ( Illicium anisatum , also known as Illicium religiosum, Illicium japonicum, shikimmi and skimmi );
“member State” means a member State of the European Community;
“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 ;
“Star Anise for human consumption” means Star Anise ( Illicium verum , also known as Chinese Star Anise or Chinese Badian) falling within CN code 0909 10 00 which is intended for human consumption or for use as an ingredient in foodstuffs;
and any term used in the above definition of “Star Anise for human consumption” has the same meaning as in the Commission Decision.
Prohibitions of import
3
1
No person shall import into England any Star Anise for human consumption which has been consigned from a country which is not a member State, except in accordance with the conditions in Article 1.1 and the second sentence of Article 1.2 of the Commission Decision.
2
Paragraph (1) above shall not be taken to prohibit the bringing into England from another member State of Star Anise for human consumption which is in free circulation in that member State.
3
No person shall import into England any Japanese Star Anise which has been consigned from a country which is not a member State if it —
a
is intended for use for human consumption; or
b
does not bear a label stating that it is not fit for human consumption.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce this Order within its district.
2
In relation to any place which is not situated in the district of a port health authority, this Order shall be executed and enforced by the food authority for the area in which that place is situated.
3
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 for the purpose of carrying out their duties under section 13 of the Act in connection with this Order.
Application of various provisions of the Act
5
1
The following provisions of the Act shall apply for the purposes of this Order and any reference in those provisions to the Act or part thereof shall be construed for the purposes of this Order as a reference to this Order —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 33(1) (obstruction etc. of officers);
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) above; and
e
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 this Order 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 Star Anise for human consumption or Japanese Star Anise which —
a
has been sold or is offered or exposed for sale; or
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
2
Subsections (3) to (8) shall apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer that any Star Anise for human consumption or Japanese Star Anise has been imported into England in contravention of article 3(1) or, as the case may be, 3(3), of the Food (Star Anise from Third Countries) (Emergency Control) (England) Order 2002.
3
The authorised officer may either —
a
give notice to the person in charge of the Star Anise concerned that, until the notice is withdrawn, the Star Anise or any specified quantity of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the Star Anise and remove it in order to have it 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 Star Anise has not been imported in contravention of article 3(1) or, as the case may be, 3(3) of the aforesaid Order and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the Star Anise and remove it in order to have it 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 Star Anise of his intention to have it dealt with by a justice of the peace and —
a
any person who under section 35(2) of this Act might be liable to a prosecution in respect of the Star Anise shall, if he attends before the justice of the peace by whom the Star Anise falls 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 article 3(1) or, as the case may be, 3(3) of the aforesaid Order in relation to that Star Anise.
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 Star Anise falling to be dealt with by him under this section has been imported in contravention of article 3(1) or, as the case may be, 3(3) of the aforesaid Order, he shall condemn the Star Anise and order —
a
the Star Anise to be destroyed or to be so disposed of as to prevent it 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 Star Anise.
7
If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any Star Anise falls to be dealt with under this section refuses to condemn it, the food authority or, as the case may be, port health authority, shall compensate the owner of the Star Anise for any depreciation in its 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.
.
3
The expressions “food authority”, “port health authority”, “Star Anise for human consumption” and “Japanese Star Anise”, which are used in section 9 of the Act so far as it applies for the purposes of this Order by virtue of paragraph (2) shall, for those purposes, bear the meanings that those expressions respectively bear in this Order.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
14th February 2002


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A303 Trunk Road (Folly Bottom Junction Improvement Slip Roads) Order 2002 and shall come into force on 22nd April 2002.
2
In this Order —
i
“the plan” means the plan folio numbered HA10/PS/289 marked “The A303 Trunk Road (Folly Bottom Junction Improvement Slip Roads) Order 2002”, signed by authority of the Secretary of State for, Transport, Local Government and the Regions and deposited at DTLR Management Branch, Ashdown House, 123 Victoria Street, London SW1 6DE;
ii
“the trunk road” means the A303 Trunk Road; and
iii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the east and west carriages of the trunk road with roundabouts which the Secretary of State proposes to construct at the places stated in that Schedule.
3
The slip roads shall become trunk roads as from the date when this Order comes into force.
4
The centre line of each of the slip roads is indicated by heavy black lines on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of the slip roads that —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W. S. C. Wadrup
A Divisional Director in the Highways Agency
9th April 2002


text:
Title, commencement and extent
1
These Regulations may be cited as the Plant Protection Products (Amendment) (No. 2) Regulations 2002, extend to England and Wales, and come into force on the 1st July 2002.
Amendment to the Plant Protection Products Regulations 1995
2
1
In so far as they extend to England and Wales, the Plant Protection Products Regulations 1995 shall be amended by substituting for the definition of “the Directive” in regulation 2(1), the following definition —
“the Directive” means Council Directive 91/414/ EEC concerning the placing of plant protection products on the market , as amended by —
Commission Directive 93/71/EEC ;
Commission Directive 94/37/ EC ;
Commission Directive 94/79/EC ;
Commission Directive 95/35/EC ;
Commission Directive 95/36/EC ;
Commission Directive 96/12/EC ;
Commission Directive 96/46/EC ;
Commission Directive 96/68/EC ;
Council Directive 97/57/EC ;
Commission Directive 2000/80/EC ;
Commission Directive 2001/21/EC ;
Commission Directive 2001/28/EC ;
Commission Directive 2001/36/EC ;
Commission Directive 2001/47/EC ;
Commission Directive 2001/49/EC ;
Commission Directive 2001/87/EC ;
Commission Directive 2001/99/EC .
2
On 1st October 2002 the definition of “the Directive” in those Regulations, as substituted by paragraph (1) above, shall be further amended by the insertion at the end of the following —
r
Commission Directive 2001/103/EC .
3
On 1st January 2003 the definition of “the Directive” as substituted by paragraph (1) above and amended by paragraph (2) above, shall be further amended by the insertion at the end of the following —
s
Commission Directive 2002/18/EC .
Transitional arrangements for provisional approvals
3
In so far as they extend to England and Wales, the Plant Protection Products Regulations 1995 shall be modified so that where there is an approval granted under regulation 7(1) (provisional approvals), or extended pursuant to regulation 7(5) —
a
the inclusion of the active substances acibenzolar-s-methyl and pymetrozine in Annex I to the Directive does not revoke any such approval in respect of any plant protection product containing either active substance, and that approval shall continue in effect until an approval is granted under regulation 5(1) (standard approvals), or 31st March 2003, whichever is the earlier;
b
the inclusion of the active substance flupyrsulfuron-methyl in Annex I to the Directive does not revoke any such approval in respect of any plant protection product containing that active substance, and that approval shall continue in effect until an approval is granted under regulation 5(1), or 30th November 2002, whichever is the earlier; and
c
if the plant protection product contains any of the active substances mentioned in (a) or (b), together with another active substance not yet placed in Annex I to the Directive, such approval shall continue in effect unless revoked by the Secretary of State under regulation 13(5) (applications, reviews, revocations and modifications).
Revocation
4
The Plant Protection Products (Amendment) Regulations 2002 are revoked.
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
Presiding Officer, National Assembly for Wales
30th May 2002
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
30th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire 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 Gloucestershire Health Authority ;
“the new Trusts” means the West Gloucestershire Primary Care Trust and the Gloucestershire Hospitals 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 West Gloucestershire Primary Care Trust and signed on behalf of the old Trust on 5th December 2001 and on behalf of the West Gloucestershire Primary Care Trust on 22nd February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the West Gloucestershire 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 Gloucestershire Hospitals National Health Service Trust and signed on behalf of the old Trust on 5th December 2001 and on behalf of the Gloucestershire Hospitals National Health Service Trust on 20th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Gloucestershire Hospitals 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
The Order may be cited as the Regulation of Investigatory Powers (Covert Surveillance: Code of Practice) Order 2002 and shall come into force on 1st August 2002.
Covert Surveillance Code of Practice
2
The draft code of practice entitled “Covert Surveillance”, laid before each House of Parliament on 10th June 2002, relating to covert surveillance under Part II of the 2000 Act, shall come into force on 1st August 2002.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
22nd July 2002


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Hill Farm Allowance Regulations 2002, shall come into force on 8th March 2002 and, subject to paragraph (2), shall apply to England.
2
Paragraph 1 of Schedule 3, and regulation 10 in so far as it relates to that paragraph, shall also apply to Scotland.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“the 1975 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1975 ;
“the 1979 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1979 ;
“the 1984 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1984 ;
“the 1994 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1994 ;
“the 1996 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1996 ;
“the 1999 Regulations ” means the Hill Livestock (Compensatory Allowances) Regulations 1999 ;
“agriculture” includes horticulture, fruit growing, seed growing, dairy farming and livestock breeding and keeping, the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the use of land for other agricultural purposes, and “agricultural” shall be construed accordingly;
“area aid application” has the same meaning as in Article 6 of Council Regulation 3508/92 ;
“claimant” means any person who has made a claim for compensatory allowance and “claim” shall be construed accordingly;
“claimed forage area” means land which has been entered as forage area in an area aid application for the year 2001;
“ Commission ” means the Commission of the European Communities;
“ Commission Regulation 1750/1999 ” means Commission Regulation ( EC ) No. 1750/1999 laying down detailed rules for the application of Council Regulation 1257/1999 ;
“ Commission Regulation 2316/1999 ” means Commission Regulation (EC) No. 2316/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1251/1999 ;
“ Commission Regulation 2342/1999 ” means Commission Regulation (EC) No. 2342/1999 laying down detailed rules for the application of Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal as regards premium schemes;
“common land” means any land which is registered as common land with grazing rights under the Commons Registration Act 1965 ;
“Council Regulation 3508/92” means Council Regulation ( EEC ) No. 3508/92 , establishing an integrated administration and control system for certain Community aid schemes;
“ Council Regulation 1254/1999 ” means Council Regulation (EC) No. 1254/1999 on the common organisation of the market in beef and veal;
“Council Regulation 1257/1999” means Council Regulation (EC) No. 1257/1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund ( EAGGF );
“disadvantaged land” (except in the expression “severely disadvantaged land”) means land shown coloured blue on the England LFA maps;
“eligible forage area” means such part of the qualifying forage area as lies within a less favoured area;
“eligible land” means land within less favoured area or relevant afforested land;
“the England LFA maps” means the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“ewe” means a female sheep which is at least one year old on 1st January 2002, or has lambed by that date;
“first compensatory allowance” means the first payment of hill farm allowance (whether payable under these Regulations or under the Hill Farm Allowance Regulations 2001 ) or, where a compensatory allowance has been paid under the Hill Livestock (Compensatory Allowances) Regulations , the first payment of that allowance;
“forage area” has the same meaning as in Article 12(2)(b) of Council Regulation 1254/1999,
“heifer” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“hill farm allowance” means the compensatory allowance payable in accordance with regulations 7 and 8 of these Regulations and with Chapter V of Title II of Council Regulation 1257/1999;
“Hill Livestock (Compensatory Allowances) Regulations” means the 1994 Regulations, the 1996 Regulations or the 1999 Regulations, as the case may be;
“holding” has the same meaning as in Article 1 of Council Regulation 3508/92;
“individual reference quantity of milk” has the same meaning as in Article 31 of Commission Regulation 2342/1999;
“less favoured area” means all that land coloured blue or pink on the England LFA maps except land situated in the Isles of Scilly;
“livestock unit” means a unit of measurement of livestock numbers, and the following constitute a single livestock unit —
one suckler cow or a heifer aged 24 months or over;
1.67 heifers under the age of 24 months; or
6.67 ewes;
“Minister” means the Secretary of State for Environment, Food and Rural Affairs;
“moorland” means all that land which is shown as less favoured area on the England LFA maps and which is also coloured pink in the three volumes of maps entitled “Moorland Map of England 1992” each volume being marked with the number of the volume, dated 20th February 2001, signed by the Minister of State and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London, SW1P 3JR;
“notional livestock density” means the number of livestock units per hectare of eligible forage area, calculated as a fraction of which the numerator is the number of relevant animals expressed in livestock units and the denominator is the claimant’s eligible forage area expressed in hectares;
“ Organic Farming schemes ” means the aid schemes made under the Organic Farming (Aid) Regulations 1994 , the Organic Farming Regulations 1999 or the Organic Farming (England Rural Development Programme) Regulations , as the case may be;
“other competent authority” means the Scottish Ministers, the National Assembly for Wales or, in Northern Ireland, the Department of Agriculture and Rural Development;
“permanent pasture” has the meaning specified in Article 2.1 of, and Annex 1 to, Commission Regulation 2316/1999;
“qualifying forage area” means the relevant forage area or, in relation to a claimant in relation to whom regulation 9 applies, such part of the relevant forage area as results from the deductions made to the relevant forage area in accordance with that regulation;
“registered organic farmer” means a claimant who is registered with UKROFS or with an organisation that is itself registered with UKROFS and who, in the year 2001, was —
not in receipt of aid under one of the Organic Farming schemes; or
not undergoing conversion to organic farming;
“related less favoured area” means, in relation to a claimant, all that claimed forage area, excluding less favoured area, in respect of which the Minister has been advised by any other competent authority that the claimant is eligible for a related less favoured area allowance;
“related less favoured area allowance” means —
in relation to Northern Ireland, the Less Favoured Area Compensatory Allowance;
in relation to Scotland, the Less Favoured Area Support Scheme; and
in relation to Wales, the Tir Mynydd Scheme;
“relevant afforested land” means land which, in the opinion of the Minister, was converted to forest on or after 1st January 1986 and before 1st January 1988 by or on behalf of a person to whom a compensatory allowance was paid in respect of the land under the 1975 Regulations, the 1979 Regulations or the 1984 Regulations before the date when the conversion to forest was completed, but such land shall cease to be relevant afforested land for the purposes of these Regulations fifteen years after the date on which such conversion was completed;
“relevant animals” means, in relation to a claimant, the suckler cows, heifers and ewes in respect of which the claimant, in the year 2001, was paid for suckler cow premium or, as the case may be, sheep annual premium;
“relevant forage area” means any claimed forage area situated in England;
“severely disadvantaged land” means land shown coloured pink on the England LFA maps except land situated in the Isles of Scilly;
“sheep annual premium” means the premium payable under the Sheep Annual Premium Regulations 1992 ;
“suckler cow” has the same meaning as in Article 3 of Council Regulation 1254/1999;
“suckler cow premium” means the premium payable under the Suckler Cow Premium Regulations ; and
“UKROFS” means the United Kingdom Register of Organic Food Standards.
2
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date on which these Regulations are made.
3
Any reference in these Regulations to a numbered regulation (with no corresponding reference to a specific instrument) is a reference to the regulation so numbered in these Regulations and any reference to a numbered Schedule is a reference to a Schedule so numbered to these Regulations.
4
A reference in these Regulations to anything done in writing or produced in written form includes a reference to an electronic communication which has been recorded and is capable of being subsequently reproduced.
Power to make payments
3
Subject to regulation 5, the Minister shall make payments of hill farm allowance in respect of the year 2002 to any claimant who is eligible under regulation 4 in respect of eligible forage area not exceeding the areas specified in regulation 7(1).
Eligibility of producers for hill farm allowance
4
1
Subject to Article 14.2 of Council Regulation 1257/1999 (third indent), and to regulation 5, a claimant shall be eligible for hill farm allowance provided —
a
his claim is made in an area aid application submitted in the year 2001;
b
the claimed forage area entered in that area aid application complies with one of the conditions specified in paragraph (2); and
c
subject to paragraph (3), the notional livestock density on the eligible forage area is not less than 0.15.
2
The conditions are —
a
that the claimed forage area lying within the less favoured area is not less than ten hectares; or
b
where the claimed forage area lying within the less favoured area is not less than one hectare but less than ten hectares, the total claimed forage area includes land situated in a related less favoured area which is eligible for related less favoured area allowance.
3
The Minister may determine that a notional livestock density of less than 0.15 is sufficient for the purposes of paragraph (1)(c) if she is reasonably satisfied that it is appropriate to do so in all the circumstances of the case, having regard, in particular, to the number of animals other than relevant animals kept on the eligible forage area and any obligation for the claimant as to the number of animals that may be kept on the land comprising the eligible forage area.
4
In order to enable her to consider whether to exercise her discretion under paragraph (3), the claimant shall provide the Minister with such information as she reasonably may require.
Conditions as to continued use of eligible land
5
Hill farm allowance shall not be paid to a claimant unless —
a
he has given a written undertaking, in such form as the Minister may reasonably require, that he would, for a period of five years from the date of payment of the first compensatory allowance, continue to use for the purposes of agriculture at least three hectares of land which is either eligible land or related less favoured area; and
b
he is not in breach of that undertaking at the date of payment.
Release from undertaking
6
A claimant shall not be taken to be in breach of the undertaking referred to in regulation 5 —
a
if he is prevented from continuing to discharge that undertaking by reason of any material circumstance beyond his control; or
b
if he ceases to farm, and at least three hectares of the eligible land, or of any related less favoured area last used by him for the grazing of animals, continue to be used for the purposes of agriculture.
Rates of Payment
7
1
Subject to paragraphs (2) and (3) and to regulations 8 and 9, payments of hill farm allowance in respect of the descriptions of eligible forage area specified in column 1 of Schedule 1 shall be made —
a
in relation to the first 350 hectares of eligible forage area in respect of which the claim is made, at the rates specified in column 2 of Schedule 1;
b
in relation to the next 350 hectares of eligible forage area in respect of which the claim is made, at one half of the rates specified in column 2 of Schedule 1.
2
Subject to regulation 4(1)(c), if the notional livestock density is less than 1.0, the payment shall be increased by 20 per cent.
3
Except where paragraph (2) applies, the total amount payable to a claimant shall be increased by 10 per cent if the claimant satisfies any one of the following criteria, and by 20 per cent if he satisfies any two or more such criteria —
a
the claimant is a registered organic farmer;
b
the claimant —
i
in the year 2001, submitted applications for both sheep annual premium and suckler cow premium; and
ii
the number of cattle in respect of which he was paid suckler cow premium in that year is equal to at least 15 per cent of the relevant animals;
c
the notional livestock density is less than 1.2;
d
at least one hectare, or 5 per cent (whichever is the smaller), of the claimant’s eligible land is planted with arable crops or woodland in respect of which the claimant is not receiving any other financial support, and was not converted from permanent pasture after the year 1998.
Increments to payment
8
1
After calculating the basic amount, the Minister may, if she thinks fit, increase that amount by a percentage not exceeding 20 per cent of the basic amount, provided that the same percentage is applied in relation to each claimant.
2
Subject to paragraph (3), if the basic amount, as supplemented by any increment under paragraph (1), is less than 80 per cent of the relevant amount, the Minister may pay the claimant such additional sum as would increase the total hill farm allowance payable to him to an amount equal to 80 per cent of —
a
where the relevant area in the year 2000 is less than the relevant area in the preceding year, or the relevant area in 2001 is less than the relevant area in one or both of the two preceding years, such proportion of the relevant amount as related to the area corresponding to the lesser or (as the case may be) least of those relevant areas; and
b
in any other case, the relevant amount.
3
In relation to a claimant whose holding, in the year 2000, was situated partly outside England, the Minister shall make the payment referred to in paragraph (2) only in relation to that proportion of the holding situated in England.
4
In this regulation —
a
“the basic amount” means the amount payable to a claimant in accordance with regulation 7;
b
“the relevant amount” means the compensatory allowance paid to the claimant in the year 2000; and
c
“the relevant area” means the total of less favoured area, together with any related less favoured area, entered in the claimant’s application for the year in question.
Deductions from forage area
9
In relation to any claimant who has an individual reference quantity of milk available to him, the deductions specified in Schedule 2 shall apply to the relevant forage area for the purposes of determining the qualifying forage area.
Holdings situated partly outside England
10
The provisions of Schedule 3 shall apply in relation to holdings situated partly outside England.
Amendment of the England Rural Development Programme (Enforcement) Regulations 2000
11
In Part II of the Schedule to the England Rural Development Programme (Enforcement) Regulations 2000 , there shall be inserted “The Hill Farm Allowance Regulations 2002”.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
11th February 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Employment Act 2002 (Commencement No. 3 and Transitional and Saving Provisions) Order 2002.
2
In this Order —
“ the Act ” means the Employment Act 2002;
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 .
Commencement
2
1
The provisions of the Act specified in Part 1 of Schedule 1 to this Order shall come into force on 24th November 2002.
2
The provisions of the Act specified in Part 2 of Schedule 1 to the Order shall come into force on 8th December 2002.
3
The provisions of the Act specified in Part 3 of Schedule 1 to this Order shall come into force on 6th April 2003.
4
Section 54 of, and Schedule 8 to, the Act, to the extent that they repeal the provisions specified in Part 1 of Schedule 2 to this Order, shall come into force on 24th November 2002.
5
Section 54 of, and Schedule 8 to, the Act, to the extent that they repeal the provisions specified in Part 2 of Schedule 2 to this Order and revoke the provision specified in Part 3 of that Schedule, shall come into force on 6th April 2003.
Transitional and saving provisions
3
The transitional and saving provisions in Schedule 3 to this Order shall have effect.
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
18th November 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Teacher Training Bursaries) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations shall only apply in relation to England.
Interpretation
2
In these Regulations:
“governing body” in relation to an institution conducted by a company, shall be construed in accordance with any order under section 4(3) of the Education Act 1994 ;
“institution” means an eligible institution within the meaning of section 4(2) of the Education Act 1994;
“QTS credits course” means a course of higher education (other than a course of initial teacher training) which provides assessment against the standards required to become a qualified teacher and corresponding credit towards the completion of a course or programme of initial teacher training;
“qualified teacher” has the same meaning as in section 218(2) of the Education Reform Act 1988 ;
“returners' course” means a refresher course for qualified teachers returning to teaching;
“school-centred course” means a course provided by a school or schools, or by a partnership or association consisting wholly or mainly of schools or by a body established by a school or institutions consisting wholly or mainly of schools; and
“teacher associate” means a person who is undertaking a placement in a school to gain experience of teaching with a view to undertaking a course of initial teacher training.
Bursaries
3
1
The Secretary of State may pay grants to a governing body of an institution in respect of expenditure incurred or to be incurred by such a governing body in providing bursaries to persons undertaking, or proposing to undertake:
a
a course of initial teacher training;
b
a QTS credits course;
c
a placement as a teacher associate;
d
a returners' course; or
e
a school-centred course of initial teacher training.
2
The payment of grants in pursuance of this regulation shall be dependent on the fulfilment of such conditions as may be determined by the Secretary of State.
Repayment
4
Where in the opinion of the Secretary of State any information or assumption on the basis of which a grant has been paid is incorrect, the person to whom the grant was paid shall at the request of the Secretary of State repay such sum not exceeding the total grant as the Secretary of State may request.
Revocation
5
The Education (Teacher Training Bursaries) (England) Regulations 2001 are revoked.
Stephen Timms
Minister of State,
Department for Education and Skills
6th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Public Service Vehicles (Operators' Licences) (Fees) (Amendment) Regulations 2002 and shall come into force on 1st November 2002.
Amendment to fees
2
1
The Public Passenger Vehicles (Operators' Licences) (Fees) Regulations 1995 (“the principal Regulations”) are amended as provided in paragraphs (2) and (3) below.
2
For regulation 3(4)(b) there is substituted —
b
in relation to fee number (vi) in column 1 a fee shall be paid by that licence holder, either annually or in respect of a period of less than a year, in accordance with the prescribed stipulations in column 5
.
3
For the Schedule there is substituted the Schedule to these Regulations.
Transitional provisions
3
1
Where a decision has been made before 1st November 2002 on an application for the grant of a standard or restricted licence under section 14(1) of the Public Passenger Vehicles Act 1981 , the fee prescribed by the principal Regulations applies notwithstanding that the period of 21 days within which it is payable has not expired before that date.
2
Notwithstanding that the fee for the continuation in force of an existing standard or restricted licence may, under the provisions of the principal Regulations, be paid before the expiry of the relevant period of 5 years specified therein, where that period expires on or after 1st November 2002, the fee payable shall be the fee prescribed in these Regulations.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
6th October 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Carer Premium) Regulations 2002 and shall come into force on 28th October 2002.
Income Support, Housing Benefit and Council Tax Benefit: Carer Premium Run-on
2
In paragraph 14ZA of Schedule 2 to the Income Support (General) Regulations 1987 , paragraph 14ZA of Schedule 2 to the Housing Benefit (General) Regulations 1987 and in paragraph 16 of Schedule 1 to the Council Tax Benefit (General) Regulations 1992 —
a
for sub-paragraph (3) there shall be substituted the following sub-paragraphs —
3
Where a carer premium is awarded but —
a
the person in respect of whose care the invalid care allowance has been awarded dies; or
b
in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled or ceases to be treated as entitled to an invalid care allowance,
the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.
3A
The relevant date for the purposes of sub-paragraph (3) above shall be —
a
the Sunday following the death of the person in respect of whose care an invalid care allowance has been awarded or the date of death if the death occurred on a Sunday;
b
where sub-paragraph (2) applies, the date on which the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
c
in any other case, the date on which the person who has been entitled to an invalid care allowance ceases to be entitled to that allowance.
;
b
in sub-paragraph (4) for paragraphs (a) and (b) there shall be substituted the following paragraphs —
a
the person in respect of whose care the invalid care allowance has been awarded dies;
b
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (b) of that sub-paragraph;
c
in any other case, that person was last entitled to invalid care allowance.
.
Jobseeker’s Allowance: Carer Premium Run-on
3
1
In paragraph 17 of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 —
a
for sub-paragraph (3) there shall be substituted the following sub-paragraphs —
3
Where a carer premium is awarded but —
a
the person in respect of whose care the invalid care allowance has been awarded dies; or
b
in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled or ceases to be treated as entitled to an invalid care allowance,
the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.
3A
The relevant date for the purposes of sub-paragraph (3) above shall be —
a
the Sunday following the death of the person in respect of whose care an invalid care allowance has been awarded or the date of death if the death occurred on a Sunday;
b
where sub-paragraph (2) applies, the date on which the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
c
in any other case, the date on which the person who has been entitled to an invalid care allowance ceases to be entitled to that allowance.
;
b
in sub-paragraph (4) for paragraphs (a) and (b) there shall be substituted the following paragraphs —
a
the person in respect of whose care the invalid care allowance has been awarded dies;
b
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
c
in any other case, that person ceased to be entitled to invalid care allowance.
.
2
In paragraph 20J of Schedule 1 to the Jobseeker’s Allowance Regulations 1996 —
a
for sub-paragraph (3) there shall be substituted the following sub-paragraphs —
3
Where a carer premium is awarded but —
a
the person in respect of whose care the invalid care allowance has been awarded dies; or
b
in any other case the member of the joint-claim couple in respect of whom a carer premium has been awarded ceases to be entitled or ceases to be treated as entitled to an invalid care allowance,
the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3A) below.
3A
The relevant date for the purposes of sub-paragraph (3) above shall be —
a
the Sunday following the death of the person in respect of whose care an invalid care allowance has been awarded or beginning with the date of death if the death occurred on a Sunday;
b
where sub-paragraph (2) applies, the date on which the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
c
in any other case, the date on which that member ceased to be entitled to an invalid care allowance.
;
b
in sub-paragraph (4) for paragraphs (a) and (b) there shall be substituted the following paragraphs —
a
the person in respect of whose care the invalid care allowance has been awarded dies;
b
where sub-paragraph (2) applies, the person in respect of whose care the invalid care allowance has been awarded ceased to be in receipt of the allowances referred to in paragraph (c) of that sub-paragraph;
c
in any other case, that member was last entitled to an invalid care allowance.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th July 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Oadby and Wigston (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“borough” means the borough of Oadby and Wigston;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Oadby and Wigston (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Oadby and Wigston Borough Council.
Wards of the borough of Oadby and Wigston
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into ten wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
Oadby and Wigston Borough Council shall make a print of the map marked “Map referred to in the Borough of Oadby and Wigston (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The Borough of Oadby and Wigston (Electoral Arrangements) Order 1977 is revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th October 2002
Glyn Mathias
Commissioner
14th November 2002
Neil McIntosh
Commissioner
14h November 2002
Karamjit Singh
Commissioner
19th November 2002
Sam Younger
Commissioner
19th November 2002
Graham Zellick
Commissioner
28th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northumberland Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Northumberland 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 a Primary Care Trust to be called the Northumberland Care Trust.
2
The trust is designated as a Care Trust .
3
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the county of Northumberland.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
22nd March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2002 and shall come into force on 8th April 2002.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2002.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 , the Pensions Increase (Review) Order 2000 , and the Pensions Increase (Review) Order 2001 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 8th April 2002 as follows —
1
a pension beginning before 9th April 2001 may be increased by 1.7 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 9th April 2001 and before 8th April 2002 may be increased by 1.7 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 8th April 2002, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 8th April 2002 but on or after 9th April 2001 there may be paid an increase of 1.7 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 9th April 2001 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 8th April 2002, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Anne McGuire
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2002


text:
1
These Regulations may be cited as the Air Navigation (General) (Amendment) Regulations 2002 and shall come into force on 3rd April 2002.
2
The Air Navigation (General) Regulations 1993 shall be amended as follows.
3
1
In regulation 9 for “the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome” there shall be substituted “the cloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land or at any alternate aerodrome”.
2
In regulation 10(2) for “the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome at which it is intended to land and at any alternate aerodrome” there shall be substituted “the cloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land or at any alternate aerodrome”.
3
In regulation 11(6):
a
for “a single engined aeroplane designated as aforesaid”; there shall be substituted “an aeroplane with one power-unit designated as aforesaid”; and
b
for “the aerodrome at which it is intended to land and at any alternate aerodrome” there shall be substituted “the aerodrome at which it is intended to land or at any alternate aerodrome”.
4
In paragraph (11) of the Schedule for “the cloud ceiling or visibility prevailing at the aerodrome of departure and forecast for the estimated time of landing at the aerodrome of destination” there shall be substituted “the cloud ceiling or visibility prevailing at the aerodrome of departure or forecast for the estimated time of landing at the aerodrome at which it is intended to land”.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
13th March 2002


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 2002 and shall come into force on 17th July 2002.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 17th July 2002.
A. K. Galloway
Clerk of the Privy Council


text:
Title, extent and commencement
1
These Regulations may be cited as the Forestry (Felling of Trees) (England and Wales) (Amendment) Regulations 2002, shall extend to England and Wales only and shall come into force on 1st March 2002.
Amendment of the principal regulations
2
1
In their application to England and Wales, the Forestry (Felling of Trees) Regulations 1979 (“the principal regulations”) shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3(1) the following definition shall be inserted in the appropriate alphabetical order: —
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of a telecommunication system (within the meaning of the Telecommunications Act 1984) ; or
by other means but while in an electronic form.
.
3
After regulation 3(1) there shall be inserted the following paragraph —
1A
In these Regulations references to an application or a map being “authenticated” are references to there being incorporated into or otherwise logically associated with it something in electronic form for the purpose of establishing whether it comes from a particular person or other source and, if applicable —
a
whether it is accurately timed and dated; and
b
whether it is intended to have legal effect.
.
4
For regulation 4 of the principal regulations there shall be substituted the following regulation —
Application for felling licence
4
An application for a felling licence made to the Commissioners under section 10(1) of the Act shall —
a
be in writing or in the form of an electronic communication;
b
be signed, or authenticated, and dated;
c
include the particulars specified in Schedule 2 to these Regulations; and
d
be accompanied by an Ordnance Survey map signed, or authenticated, and dated by the applicant showing the area to which the application relates on a scale not smaller than one to ten thousand and with the National Grid reference of the north west corner of the area marked on the map.
.
5
For Schedule 2 to the principal regulations there shall be substituted the following Schedule —
SCHEDULE 2
Particulars to be included in an application for a licence
Regulation 4
The following particulars shall be included in an application for a licence —
a
the full name and address of the applicant;
b
the applicant’s estate or interest in the land on which the trees in respect of which a felling licence is sought are growing;
c
the full name and address of any person whose consent is needed to fell the trees and whether such consent has been given;
d
the type of felling proposed;
e
the trees (including the species) which the applicant proposes to fell;
f
the proposed date of commencement and estimated date of completion of felling;
g
any proposal for restocking the felled areas and/or any other areas;
h
whether any tree preservation order (made or having effect as if made under section 198 of the Town and Country Planning Act 1990 ) affects the trees in question; and
i
whether any tree is in a conservation area (designated under section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ).
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on
Frank Strang
Secretary to the Forestry Commissioners
5th February 2002.


text:
1
1
This Order may be cited as the Northern Ireland Assembly (Elections) (Amendment) Order 2002.
2
In this Order the “2001 Order” means the Northern Ireland Assembly (Elections) Order 2001 .
3
This Order shall come into force on 1st December 2002, except for the purposes of an election where the last day for the publication of the notice of election is before that date.
4
This Order extends to Northern Ireland only.
2
1
Schedule 1 to the 2001 Order (application with modifications of statutory provisions relating to elections) is amended as follows.
2
In the right-hand column of that Schedule, in rule 44B (preliminary proceedings) of the rules in Schedule 1 to the Representation of the People Act 1983 (as modified) —
a
in paragraph (3), the words from “it is returned” to the end are to be sub-paragraph (a) of that paragraph, and after “authenticated” there is inserted —
and
b
in the case of an elector, that declaration of identity states the date of birth of the elector and the returning officer is satisfied that the date stated corresponds with the date supplied as the date of the elector’s birth pursuant to section 10(4A)(b), 10A(1A)(b) or 13A(2A)(b) of this Act , as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989 .
; and
b
after paragraph (3) there is inserted —
3A
In the case of an elector, unless section 10(4B), 10A(1B) or 13A(2B) of this Act (as applied by Schedule 1 to the Elected Authorities (Northern Ireland) Act 1989) applies, the declaration of identity referred to in paragraph (3) shall be taken not to be duly signed unless the returning officer is satisfied that the signature on the declaration corresponds with the signature supplied as the elector’s signature pursuant to section 10(4A)(a), 10A(1A)(a) or 13A(2A)(a) of this Act (as so applied).
.
3
1
Schedule 2 to the 2001 Order (application with modifications of provisions of subordinate legislation relating to elections) is amended as follows.
2
In the right-hand column of that Schedule, opposite to the entry in respect of regulation 82 of the Representation of the People Regulations 2001 , insert —
For the words “rule 45(2)(b) and (2A)” substitute “rule 44B(3)(b) and (3A)”
.
John Reid
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
24th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Leicestershire and Rutland Healthcare 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 Leicestershire and Rutland Healthcare National Health Service Trust (Establishment) Order 1998 ;
“ 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 Leicestershire Partnership National Health Service Trust instead of the Leicestershire and Rutland Healthcare 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 the words “and Rutland Healthcare” there are substituted the words “Partnership”.
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 if referring to it under its new name.
Further amendments 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 the trust’s headquarters at George Hine House, Gipsy Lane, Leicester and at or from Glenfield Hospital and Leicester General Hospital,
and at or from any associated hospitals, establishments and facilities.
Signed by authority of the Secretary of State for Health.
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
26th March 2002


text:
Title, extent and commencement
1
This Order may be cited as the Plant Health (England) (Amendment) Order 2002, shall extend to England, and come into force on 6th May 2002.
Amendment of the Plant Health (Great Britain) Order 1993
2
1
The Plant Health (Great Britain) Order 1993 shall be amended in accordance with paragraphs (2) to (7) below.
2
In article 2(1) for the definition of “Directive 2000/29/ EC ” there shall be substituted the following text:
‘Directive 2000/29/EC ’ means Council Directive 2000/29/EC of 8th May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community as amended by Commission Directive 2001/33/EC of 8th May 2001 amending certain annexes to Council Directive 2000/29/EC and by Commission Directive 2002/28/EC of 19th March 2002 amending certain annexes to Council Directive 2000/29/EC ;
.
3
In Schedule 1, Part B (d) (Virus and Virus-Like Organisms) at item 1 in the second column, after “ UK ” shall be added “(Northern Ireland)”.
4
In Schedule 2, Part B (b) (Bacteria), at item 2 for the text in the third column there shall be substituted the following:
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except, in the province of Rovigo, the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova, the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona, the communes of Palù, Roverchiara, Legnago (the portion of the communal territory situated to the north east of the Transpolesana national road), Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
5
In Schedule 3, Part B, at item 1 for the text in the second column there shall be substituted:
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friulí-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except, in the province of Rovigo, the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova, the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona, the communes of Palù, Roverchiara, Legnago (the portion of the communal territory situated to the north east of the Transpolesana national road), Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
.
6
In Schedule 4, Part B the following amendments shall be made:
a
in items 20.1 and 20.2 after “UK” shall be added “(Northern Ireland)”;
b
in item 21 —
i
for the text in the second column after “(a) the plants originate in the protected zones” and in the third column respectively there shall be substituted the following text:
E, F (Corsica), IRL, I (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except, in the province of Rovigo, the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova, the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona, the communes of Palù, Roverchiara, Legnago (the portion of the communal territory situated to the north east of the Transpolesana national road), Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), A (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), P, FI, UK (Northern Ireland, Isle of Man and Channel Islands)
; and
ii
in the second column, after the text at paragraph (a) and before paragraph (b) shall be added the word “or”; and
c
in items 22, 23, 25.1, 25.2, 26, 27.1, 27.2 and 30 after “UK” shall be added “(Northern Ireland)”.
7
In Schedule 8 —
a
under paragraph (b) (Bacteria), item 2 ( Erwinia amylovora (Burr.) Winsl. et al), for the text in the second column there shall be substituted the following:
Spain, France (Corsica), Ireland, Italy (Abruzzi; Apulia; Basilicata; Calabria; Campania; Emilia-Romagna: provinces of Forlí-Cesena, Parma, Piacenza and Rimini; Friuli-Venezia Giulia; Lazio; Liguria; Lombardy; Marche; Molise; Piedmont; Sardinia; Sicily; Tuscany; Trentino-Alto Adige: autonomous provinces of Bolzano and Trento; Umbria; Valle d'Aosta; Veneto: except, in the province of Rovigo, the communes Rovigo, Polesella, Villamarzana, Fratta Polesine, San Bellino, Badia Polesine, Trecenta, Ceneselli, Pontecchio Polesine, Arquà Polesine, Costa di Rovigo, Occhiobello, Lendinara, Canda, Ficarolo, Guarda Veneta, Frassinelle Polesine, Villanova del Ghebbo, Fiesso Umbertiano, Castelguglielmo, Bagnolo di Po, Giacciano con Baruchella, Bosaro, Canaro, Lusia, Pincara, Stienta, Gaiba, Salara, and in the province of Padova, the communes Castelbaldo, Barbona, Piacenza d'Adige, Vescovana, S. Urbano, Boara Pisani, Masi, and in the province of Verona, the communes of Palù, Roverchiara, Legnago (the portion of the communal territory situated to the north east of the Transpolesana national road), Castagnaro, Ronco all'Adige, Villa Bartolomea, Oppeano, Terrazzo, Isola Rizza, Angiari), Austria (Burgenland, Carinthia, Lower Austria, Tirol (administrative district Lienz), Styria, Vienna), Portugal, Finland, United Kingdom (Northern Ireland, Isle of Man and Channel Islands)
; and
b
under paragraph (d) (Viruses and Virus-like Organisms) —
i
at item 1 (Beet necrotic yellow vein virus), in the second column after “United Kingdom” shall be added “(Northern Ireland)”; and
ii
at item 4 (Citrus tristeza virus (European isolates)), the words “harmful to fruit of Citrus L., Fortunella Swingle, Poncirus Raf. and their hybrids, with leaves and peduncles” shall be deleted.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
15th April 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Stakeholder Pension Schemes (Amendment No. 2) Regulations 2002 and shall come into force on 9th September 2002.
2
In these Regulations a reference to a numbered regulation is to the regulation bearing that number in the Stakeholder Pension Schemes Regulations 2000 .
Amendment of Regulation 1
2
1
Regulation 1 (citation, commencement and interpretation) shall be amended in accordance with this regulation.
2
In paragraph (5) for “regulations 4(3) and 11(4)” there shall be substituted “regulation 4(3)”.
Amendment of Regulation 11
3
1
Regulation 11 (requirement for manager of schemes not established under trust to appoint a reporting accountant) shall be amended in accordance with this regulation.
2
For paragraph (4) there shall be substituted the following paragraph —
4
A person is eligible for appointment as the reporting accountant only if he is eligible (but subject to paragraph (10)) under section 25 of the Companies Act 1989 for appointment as a company auditor.
.
3
In paragraph (6) for “within one month of his receiving” there shall be substituted “by the end of one month beginning with the date he received”.
4
In paragraph (7) there shall be omitted the phrase “(including where he resigns solely or partly because he is required to do so by paragraph (7A))” .
5
In paragraph (7A) —
a
for “paragraph (11) or of not satisfying the conditions” substitute “not or no longer being a person defined in paragraph (11) who satisfies the condition”;
b
for sub-paragraph (c) there shall be substituted the following sub-paragraph —
c
he shall resign (with immediate effect) by notice in writing immediately he becomes aware that he is ineligible;
;
c
in sub-paragraph (e) there shall be omitted the phrases —
i
“notwithstanding sub-paragraph (c),”;
ii
“are or”; and
iii
“, or should reasonably be or become aware,”.
6
For paragraphs (8) and (9) there shall be substituted the following paragraphs —
8
Except in cases falling within paragraph (9), where the reporting accountant is removed by the trustees or manager or resigns or dies, the trustees or manager shall appoint, in accordance with this regulation, another reporting accountant —
a
as soon as is required in order to ensure that the provisions of regulation 12(2)(b) and (8) are complied with; and
b
in any event, by the end of 3 months beginning with the date of that removal, resignation or death.
9
Where under paragraph (7A) the reporting accountant resigns with immediate effect or is removed, the trustees or manager shall appoint, in accordance with this regulation, another reporting accountant —
a
as soon as is required in order to ensure that the provisions of regulation 12(2)(b) and (8) are complied with; and
b
in any event, by the end of one month beginning with the date of that resignation or removal.
.
7
In paragraph (10) for “paragraph (4)(c)” there shall be substituted “paragraph (4)”.
Amendment of Regulation 12
4
For regulation 12 (requirement for annual declaration) substitute the following —
Requirement for declaration by trustees or manager
12
1
For the purposes of section 1(1)(b), it shall be a condition of a scheme being a stakeholder pension scheme that the requirements of this regulation are complied with.
2
Subject to paragraph (11), the trustees or manager of the scheme shall, no later than the end of 6 months beginning with each reporting date —
a
make a declaration in writing signed by the trustees or manager containing the statements set out in paragraph (5) in relation to the reporting period or, in so far as they are unable to make those statements, containing a statement explaining why they are unable to do so; and
b
obtain from the reporting accountant appointed by virtue of regulation 11 the statement specified in paragraph (7) or, in so far as the reporting accountant is unable to make that statement, a statement from the reporting accountant explaining why he is unable to do so.
3
Subject to paragraph (10), in this regulation “reporting date” means —
a
in the case of the first reporting date, a date chosen by the trustees or manager that is no later than the last day of the period of 12 months beginning with the date on which the scheme is registered under section 2 of the Act; and
b
in the case of each subsequent reporting date, a date chosen by the trustees or manager that is no later than the last day of the period of 12 months beginning with the date immediately following the previous reporting date.
4
Subject to paragraph (10), in this regulation “reporting period” means —
a
in the case of the first reporting period, the period beginning on the date of registration of the scheme under section 2 of the Act and ending on and including the first reporting date;
b
in the case of subsequent reporting periods, the period beginning on the date immediately following the previous reporting date and ending on and including the reporting date.
5
The statements specified in paragraph (2)(a) shall be —
a
a statement that in the opinion of the trustees or manager there are systems and controls in place which provide reasonable assurance that —
i
regulations 13 and 14 have been complied with in relation to the scheme;
ii
transactions for the purposes of the scheme in securities, property or other assets have occurred at a fair market value;
iii
the value of members' rights has been determined in accordance with the provisions in the instruments establishing the scheme; and
iv
adequate records have been maintained for the purposes of providing to members the statement required by regulation 18(2);
b
a statement describing the process that the trustees or manager have or has undertaken in order to arrive at the opinion expressed in the statement described in paragraph (5)(a);
c
a statement that in the opinion of the trustees or manager there are systems and controls in place which provide reasonable assurance that the scheme has complied with the conditions in section 1(1) of the Act, apart from those conditions that are covered by the statement in paragraph (5)(a); and
d
a statement which explains that —
i
regulations 13 and 14 impose limits on the amount of charges and deductions which may be made by a stakeholder pension scheme and on the manner in which charges may be made by such a scheme; and
ii
regulation 18(2) requires a stakeholder pension scheme to provide an annual benefit statement to each member.
6
The trustees or manager shall provide the reporting accountant with documentation to demonstrate that the process described in the statement in paragraph (5)(b) has taken place.
7
The statement specified in paragraph (2)(b) shall be a statement that —
a
the reporting accountant has been provided with documentation as required by paragraph (6); and
b
nothing has come to the attention of the reporting accountant that is inconsistent with the statement made in paragraph (5)(b).
8
The trustees or manager shall make available to members and beneficiaries of the scheme on request the declaration made by the trustees or manager and the statement obtained from the reporting accountant in accordance with paragraph (2).
9
If the statement to be obtained by the trustees or manager under paragraph (2)(b) is obtained from the reporting accountant acting as such while ineligible in contravention of regulation 11(7A)(a) —
a
the trustees or manager shall not be regarded as having complied with paragraph (2)(b); and
b
for the purposes of paragraph (8), the statement from the reporting accountant shall not be regarded as obtained in accordance with paragraph (2)(b).
10
Where a scheme is registered under section 2 of the Act on or before 6th April 2001 —
a
the first reporting date shall be 5th April 2002; and
b
the first reporting period shall be the period beginning on and including 6th April 2001 and ending on and including 5th April 2002.
11
Where the reporting date is on or before 30th September 2002 the trustees or manager of the scheme shall make the declaration specified in paragraph (2)(a) and obtain the statement specified in paragraph (2)(b) from the reporting accountant —
a
on or before 31st December 2002; or
b
by the end of 6 months beginning with the reporting date,
whichever is later.
.
Amendment of Regulation 15
5
1
Regulation 15 (requirement for trustees or manager to satisfy certain conditions in relation to with-profit funds) shall be amended in accordance with this regulation.
2
In paragraph (3)(c) for the words “stakeholder pension scheme’s reporting accountant to make the statement mentioned in regulation 12(5)(a)(i) so far as that statement relates to regulation 12(2)(d)(ii)” there shall be substituted “trustees or manager to make the declaration mentioned in regulation 12(2)(a)”.
3
In paragraph (4)(b) for the words “at least annually to the reporting accountant and, as the case may be, to the auditor of the scheme” there shall be substituted “to the auditor of the scheme if requested by the auditor, trustees or manager”.
Signed by authority of the Secretary of State for Work and Pensions.
Nick Brown
Minister of State,
Department for Work and Pensions
8th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oldbury and Smethwick 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 Oldbury and Smethwick 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 Oldbury and Smethwick 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 Sandwell 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 Sandwell Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
4
The Birmingham Specialist Community National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
Citation and commencement
1
This Order may be cited as the National Heritage (Territorial Waters Adjacent to England) Order 2002, and shall come into force on 15th October 2002.
Interpretation
2
In this Order —
“co-ordinate” means a co-ordinate on the Ordnance Survey of Great Britain 1936 Datum;
“line”, in relation to any list of co-ordinates in this Order, means a loxodromic line.
Boundaries — internal waters and territorial sea — Scotland
3
For the purposes of section 33(9) of the National Heritage Act 1983, the boundaries between waters which are to be treated as internal waters or territorial sea of the United Kingdom adjacent to England and those which are not shall be —
a
off the east coast of Great Britain, a line joining the co-ordinates set out in Part I of the Schedule to this Order; and,
b
off the west coast of Great Britain, a line joining the co-ordinates set out in Part II of that Schedule.
Boundaries — internal waters and territorial sea — Wales
4
For the purposes of section 33(9) of the National Heritage Act 1983 the boundary between those parts of the sea within the Severn and Dee Estuaries which are to be treated as adjacent to England and those which are not shall be, in each case, a line drawn between the co-ordinates set out in Part III of the Schedule to this Order.
Tessa Blackstone
Minister of State,
Department for Culture, Media and Sport
18th September 2002


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2002 and shall come into force on 31st December 2002.
Amendment of the 1992 Regulations
2
Schedules 1 and 2 to the Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2003.
Rules for the calculation of non-domestic rating contributions
3
In Schedule 1 —
a
in paragraph 1(4), for “2002” there is substituted “2003”;
b
in paragraph 4(4), for “2002” there is substituted “2003”;
c
for Part II there is substituted —
PART II
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Bracknell Forest, Crawley, Elmbridge, Epsom and Ewell, Guildford, Mole Valley, Reigate and Banstead, Runnymede, Slough, Spelthorne, Surrey Heath, Tandridge, Waverley, Windsor and Maidenhead and Woking 1.1393 The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, St Albans, South Buckinghamshire, Three Rivers, Watford and Welwyn Hatfield 1.1204 The councils of the districts of Reading, West Berkshire and Wokingham 1.1077 The councils of the districts of Basildon, Brentwood, Epping Forest, Harlow, Dartford, Sevenoaks and Thurrock 1.0830 The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe 1.0775 The council of a district which falls within the county of Oxfordshire 1.0740 The councils of the districts of Bedford, Luton, Mid Bedfordshire, North Hertfordshire, South Bedfordshire and Stevenage 1.0493 The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire 1.0458 The councils of the districts of Basingstoke and Deane, East Hampshire, Eastleigh, Fareham, Gosport, Hart, Havant, New Forest, Portsmouth, Rushmoor, Southampton, Test Valley and Winchester 1.0400 The councils of the districts of Adur, Arun, Chichester, Horsham, Mid Sussex and Worthing 1.0397 The council of a district which falls within the county of Warwickshire 1.0330 The councils of the districts of Kennet, North Wiltshire, Salisbury, Swindon and West Wiltshire 1.0308 The councils of the districts of Bath and North East Somerset, Bristol City, North Somerset and South Gloucestershire 1.0303 The council of a district which falls within the county of Northamptonshire 1.0300 The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Maling and Tunbridge Wells 1.0271 The council of a district which falls within the county of Gloucestershire 1.0266 The council of a district which falls within the West Midlands metropolitan county 1.0260 The councils of the districts of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Halton, Macclesfield, Vale Royal and Warrington 1.0224 The council of a district which falls within the Greater Manchester metropolitan county 1.0199 The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-Sea, Tendring and Uttlesford 1.0194 The councils of the districts of Brighton and Hove, Eastbourne, Hastings, Lewes, Rother and Wealden 1.0159 The council of a district which falls within the Merseyside metropolitan county 1.0125 The council of a district which falls within the West Yorkshire metropolitan county 1.0108 The council of a district other than a district named, or falling within a description given, above 1.0000 The council of an inner London borough 1.2461 The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon thames and Sutton 1.1361 The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest 1.0887 The Common Council of the City of London 1.4609 The Council of the Isles of Scilly 1.0000 The Isle of Wight Council 1.0000
Assumptions relating to provisional amounts
4
In relation to financial years beginning on or after 1st April 2003, in Schedule 2 —
a
for paragraph 2(12) there is substituted the following —
12
It shall be assumed that the amount calculated for the authority in accordance with the assumptions prescribed in sub-paragraphs (1) to (11) above is the total of the amount so calculated multiplied by 0.961.
;
b
for the table in paragraph 8(1) there is substituted the following —
Name or description of authority Percentage
The council of a metropolitan district 1.0 The council of a non-metropolitan district which has the functions of a county council 0.7 The council of a non-metropolitan district which does not have the functions of a county council 0.5 The council of an inner London borough, and the Common Council of the City of London 1.0 The council of an outer London borough 1.3 The Council of the Isles of Scilly and the Isle of Wight Council 0.7
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
5th December 2002


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Signatures Regulations 2002 and shall come into force on 8th March 2002.
Interpretation
2
In these Regulations —
“advanced electronic signature” means an electronic signature —
which is uniquely linked to the signatory,
which is capable of identifying the signatory,
which is created using means that the signatory can maintain under his sole control, and
which is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable;
“certificate” means an electronic attestation which links signature-verification data to a person and confirms the identity of that person;
“certification-service-provider” means a person who issues certificates or provides other services related to electronic signatures;
“Directive” means Directive 1999/93/ EC of the European Parliament and of the Council on a Community framework for electronic signatures ;
“electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication;
“qualified certificate” means a certificate which meets the requirements in Schedule 1 and is provided by a certification-service-provider who fulfils the requirements in Schedule 2;
“signatory” means a person who holds a signature-creation device and acts either on his own behalf or on behalf of the person he represents;
“signature-creation data” means unique data (including, but not limited to, codes or private cryptographic keys) which are used by the signatory to create an electronic signature;
“signature-creation device” means configured software or hardware used to implement the signature-creation data;
“signature-vertification data” means data (including, but not limited to, codes or public cryptographic keys) which are used for the purpose of verifying an electronic signature;
“signature-vertification device” means configured software or hardware used to implement the signature-verification data;
“voluntary accreditation” means any permission, setting out rights and obligations specific to the provision of certification services, to be granted upon request by the certification-service-provider concerned by the person charged with the elaboration of, and supervision of compliance with, such rights and obligations, where the certification-service-provider is not entitled to exercise the rights stemming from the permission until he has received the decision of that person.
Supervision of certification-service-providers
3
1
It shall be the duty of the Secretary of State to keep under review the carrying on of activities of certification-service-providers who are established in the United Kingdom and who issue qualified certificates to the public and the persons by whom they are carried on with a view to her becoming aware of the identity of those persons and the circumstances relating to the carrying on of those activities.
2
It shall also be the duty of the Secretary of State to establish and maintain a register of certification-service-providers who are established in the United Kingdom and who issue qualified certificates to the public.
3
The Secretary of State shall record in the register the names and addresses of those certification-service-providers of whom she is aware who are established in the United Kingdom and who issue qualified certificates to the public.
4
The Secretary of State shall publish the register in such manner as she considers appropriate.
5
The Secretary of State shall have regard to evidence becoming available to her with respect to any course of conduct of a certification-service-provider who is established in the United Kingdom and who issues qualified certificates to the public and which appears to her to be conduct detrimental to the interests of those persons who use or rely on those certificates with a view to making any of this evidence as she considers expedient available to the public in such manner as she considers appropriate.
Liability of certification-service-providers
4
1
Where —
a
a certification-service-provider either —
i
issues a certificate as a qualified certificate to the public, or
ii
guarantees a qualified certificate to the public,
b
a person reasonably relies on that certificate for any of the following matters —
i
the accuracy of any of the information contained in the qualified certificate at the time of issue,
ii
the inclusion in the qualified certificate of all the details referred to in Schedule 1,
iii
the holding by the signatory identified in the qualified certificate at the time of its issue of the signature-creation data corresponding to the signature-verification data given or identified in the certificate, or
iv
the ability of the signature-creation data and the signature-verification data to be used in a complementary manner in cases where the certification-service-provider generates them both,
c
that person suffers loss as a result of such reliance, and
d
the certification-service-provider would be liable in damages in respect of any extent of the loss —
i
had a duty of care existed between him and the person referred to in sub-paragraph (b) above, and
ii
had the certification-service-provider been negligent,
then that certification-service-provider shall be so liable to the same extent notwithstanding that there is no proof that the certification-service-provider was negligent unless the certification-service-provider proves that he was not negligent.
2
For the purposes of the certification-service-provider’s liability under paragraph (1) above there shall be a duty of care between that certification-service-provider and the person referred to in paragraph (1)(b) above.
3
Where —
a
a certification-service-provider issues a certificate as a qualified certificate to the public,
b
a person reasonably relies on that certificate,
c
that person suffers loss as a result of any failure by the certification-service-provider to register revocation of the certificate, and
d
the certification-service-provider would be liable in damages in respect of any extent of the loss —
i
had a duty of care existed between him and the person referred to in sub-paragraph (b) above, and
ii
had the certification-service-provider been negligent,
then that certification-service-provider shall be so liable to the same extent notwithstanding that there is no proof that the certification-service-provider was negligent unless the certification-service-provider proves that he was not negligent.
4
For the purposes of the certification-service-provider’s liability under paragraph (3) above there shall be a duty of care between that certification-service-provider and the person referred to in paragraph (3)(b) above.
Data Protection
5
1
A certification-service-provider who issues a certificate to the public and to whom this paragraph applies in accordance with paragraph (6) below —
a
shall not obtain personal data for the purpose of issuing or maintaining that certificate otherwise than directly from the data subject or after the explicit consent of the data subject, and
b
shall not process the personal data referred to in sub-paragraph (a) above —
i
to a greater extent than is necessary for the purpose of issuing or maintaining that certificate, or
ii
to a greater extent than is necessary for any other purpose to which the data subject has explicitly consented,
unless the processing is necessary for compliance with any legal obligation, to which the certification-service-provider is subject, other than an obligation imposed by contract.
2
The obligation to comply with paragraph (1) above shall be a duty owed to any data subject who may be affected by a contravention of paragraph (1).
3
Where a duty is owed by virtue of paragraph (2) above to any data subject, any breach of that duty which causes that data subject to sustain loss or damage shall be actionable by him.
4
Compliance with paragraph (1) above shall also be enforceable by civil proceedings brought by the Crown for an injunction or for an interdict or for any other appropriate relief or remedy.
5
Paragraph (4) above shall not prejudice any right that a data subject may have by virtue of paragraph (3) above to bring civil proceedings for the contravention or apprehended contravention of paragraph (1) above.
6
Paragraph (1) above applies to a certification-service-provider in respect of personal data only if the certification-service-provider is established in the United Kingdom and the personal data are processed in the context of that establishment.
7
For the purposes of paragraph (6) above, each of the following is to be treated as established in the United Kingdom —
a
an individual who is ordinarily resident in the United Kingdom,
b
a body incorporated under the law of, or in any part of, the United Kingdom,
c
a partnership or other unincorporated association formed under the law of any part of the United Kingdom, and
d
any person who does not fall within sub-paragraph (a), (b) or (c) above but maintains in the United Kingdom —
i
an office, branch or agency through which he carries on any activity, or
ii
a regular practice.
8
In this regulation —
“data subject” and “personal data” and “processing” shall have the same meanings as in section 1(1) of the Data Protection Act 1998 , and
“obtain” shall bear the same interpretation as “obtaining” in section 1(2) of the Data Protection Act 1998.
Douglas Alexander
Minister of E-Commerce and Competitiveness in Europe,
Department of Trade and Industry
13th February 2002