text:
Citation and commencement
1
These Regulations may be cited as the Royal Marines Terms of Service (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
Amendments to Regulations
2
1
The Royal Marines Terms of Service Regulations 1988 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 4(2) (special terms of service) the words “12 months” shall be substituted for the words “6 months”.
3
In regulation 11(1) (continuance in service), the words “and in the case of a person within 12 months of completing his original term, a period of notice of 12 months” shall be substituted for the words “or in the case of a person within 12 months of completing his original term, a period of notice equivalent to the unexpired portion of the original term plus 6 months.”
4
In paragraphs (4) and (5) of regulation 11 (continuance in service), the words “12 months” shall be substituted for the words “6 months” wherever they appear.
Saving
3
The Royal Marines Terms of Service Regulations 1988 shall continue to apply without the amendment made by regulation 2(3) in relation to any person who has been accepted for a continuance in service before 1st April 2002.
On behalf of the Defence Council
Adam Ingram
Admiral Sir Nigel Effenhigh
Members of the Defence Council
4th February 2002


type: legislation

jurisdiction: UK

text:
Name and commencement
1
1
This Order is called the Blaenau Gwent and Caerphilly (Tredegar and Rhymney) Order 2002.
2
This Order shall come into force on 6th April 2002, which is the appointed day for the purposes of the Regulations, except that for the purpose of all proceedings preliminary or relating to an election to be held on or after that date this order shall come into force on the day after that on which it is made.
Interpretation
2
this Order —
“Blaenau Gwent” (“Blaenau Gwent”) means the County Borough of Blaenau Gwent;
“the boundary map” (“y map ffiniau”) means the map prepared by the National Assembly for Wales and marked “Map of the Blaenau Gwent and Caerphilly (Tredegar and Rhymney) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“Caerphilly” (“Caerffili”) means the County Borough of Caerphilly;
“the Regulations” (“y Rheoliadau”) means the Local Government Area Changes Regulations 1976 as amended .
Changes in Principal Community Areas
3
That part of the community of Rhymney which is in Caerphilly and shown hatched in black on the boundary map shall be separated from that county borough and community and shall form part of the community of Tredegar in Blaenau Gwent.
Signed on behalf of the National Assembly for Wales
Edwina Hart
Minister for Finance, Local Government and Communities
5th March 2002


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Thames Tunnel Approach) Order 2002 and shall come into force on 12th August 2002
Interpretation
2
In this Order —
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the 1996 Act ” means the Channel Tunnel Rail Link Act 1996 ;
“the authorised works” means the earth works and any works authorised by the 1996 Act;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“the datum line” means the datum line shown on the deposited sections;
“deemed planning permission” means a planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990 to be granted in relation to the earth works;
“the deposited plan” means the plan certified by the Secretary of State as the deposited plan for the purposes of this Order;
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“the earth works” means the raising of the level of the land authorised by article 11(1) below and the other works so authorised;
“the limit of earth works” means the limit of earth works shown on the deposited plan;
“the limit of land to be acquired” means the limit of land to be acquired shown on the deposited plan;
“the limit of land to be temporarily used” means the limit of land to be temporarily used shown on the deposited plan;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace, and “maintenance” shall be construed accordingly;
“owner”, in relation to land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years; and
“ Union Railways ” means Union Railways (North) Limited.
Power to acquire land
3
1
The Secretary of State may acquire compulsorily so much of the land shown on the deposited plan within the limit of land to be acquired and described in the book of reference as may be required for or in connection with the authorised works.
2
Nothing in section 68 of the Railways Clauses Consolidation Act 1845 as applied by the 1996 Act shall require the fencing of land acquired under paragraph (1) above from the adjoining land.
Application of the Compulsory Purchase Act 1965 and the Compulsory Purchase (Vesting Declarations) Act 1981
4
1
Part I of the 1965 Act, so far as not inconsistent with this Order, shall apply to an acquisition of land under article 3 above as it applies to a compulsory purchase to which Schedule 1 to the Acquisition of Land Act 1981 applies and as if this Order were a compulsory purchase order under that Act.
2
In its application by virtue of paragraph (1) above, the 1965 Act shall have effect with the following modifications —
a
section 4 (time limit for exercise of powers of compulsory purchase) shall be omitted;
b
in Schedule 3 (alternative procedure for obtaining right of entry), paragraph 3(3) (requirement as to sureties in relation to bond for compensation) shall be omitted (but without prejudice to the application of section 11(1) of the 1965 Act to the land subject to compulsory purchase under this Order).
3
The Compulsory Purchase (Vesting Declarations) Act 1981 shall apply as if this Order were a compulsory purchase order.
4
In its application by virtue of paragraph (3) above, the Compulsory Purchase (Vesting Declarations) Act 1981 shall have effect with the following modifications —
a
in section 3 (preliminary notices), for subsection (1) there shall be substituted —
1
Before making a declaration under section 4 below with respect to any land which is subject to a compulsory purchase order the acquiring authority shall include the particulars specified in subsection (3) below in a notice which is —
a
given to every person with a relevant interest in the land with respect to which the declaration is to be made (other than a mortgagee who is not in possession), and
b
published in the London Gazette.
;
b
in that section, in subsection (2), for “(1)(b)” there shall be substituted “(1)”, and after “given” there shall be inserted “and published”,
c
in that section, subsections (5) and (6) shall be omitted and for those subsections there shall be substituted —
5
For the purposes of this section, a person has a relevant interest in land if —
a
he is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, or
b
he holds, or is entitled to the rents and profits of, the land under a lease or agreement, the unexpired term of which exceeds one month.
;
d
in section 5 (earliest date for execution of declaration) —
i
in subsection (1), after “publication” there shall be inserted “in the London Gazette”, and
ii
subsection (2) shall be omitted;
e
in section 7 (constructive notice to treat) in subsection (1)(a), the words “(as modified by section 4 of the Acquisition of Land Act 1981)” shall be omitted;
f
references to the 1965 Act shall be construed as references to that Act as applied to the acquisition of land under article 3 above.
Compensation for injurious affection
5
Section 10(1) of the 1965 Act (compensation for injurious affection) shall have effect, in relation to land injuriously affected by the execution of the earth works, with the substitution for “acquiring authority have” of “Union Railways has”.
Minerals
6
1
Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 (exception of minerals from compulsory purchase and regulation of the working of mines and minerals underlying an authorised undertaking) shall have effect in relation to land to which article 3 above applies as if it were comprised in a compulsory purchase order providing for the incorporation with that order of those Parts of that Schedule.
2
In their application by virtue of paragraph (1) above, Parts II and III of Schedule 2 to the Acquisition of Land Act 1981 shall have effect with the following modifications —
a
references to the acquiring authority, except the second reference in paragraph 6, shall be construed as references to the nominated undertaker for the purposes of Part I of the 1996 Act, and
b
references to the undertaking shall be construed as references to the undertaking which the nominated undertaker for the purposes of Part I of the 1996 Act is authorised by that Part to carry on .
Disregard of certain interests and improvements
7
Section 4 of the Acquisition of Land Act 1981 (assessment of compensation in relation to a compulsory purchase where unnecessary things done with a view to obtaining compensation) shall have effect in relation to a compulsory purchase under this Order as if it were a compulsory purchase for the purposes of that Act.
Extinguishment of private rights of way
8
1
All private rights of way over land subject to compulsory acquisition under this Order shall be extinguished —
a
in the case of land held by the Secretary of State immediately before the coming into force of this Order, on the coming into force of this Order, and
b
in the case of land acquired by the Secretary of State after the coming into force of this Order, at the appropriate time.
2
For the purposes of paragraph (1)(b) above, the appropriate time is the time of acquisition, except where land —
a
is acquired compulsorily, and
b
is land in respect of which the power conferred by section 11(1) of the Compulsory Purchase Act 1965 (power of entry following notice to treat) is exercised,
in which case it is the time of entry under that provision.
3
Any person who suffers loss by the extinguishment of any right of way under this article shall be entitled to be compensated by Union Railways.
4
Any dispute as to a person’s entitlement to compensation under this article, or as to the amount of such compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961 .
5
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 applies.
Temporary use of certain land
9
1
Union Railways may, in connection with the construction of Work No. 10, or any works which are necessary or expedient for the purposes of or in connection with that work —
a
enter upon and take possession of any of the land which is within the limit of land to be temporarily used,
b
remove any vegetation from that land, and
c
construct temporary works (including the provision of means of access) and structures on that land.
2
Not less than 28 days before entering upon and taking possession of land under this article, Union Railways shall give notice to the owners and occupiers of the land of its intention to do so.
3
Union Railways may not remain in possession of any land under this article after the end of the period of one month beginning with the date of completion of Work No. 10 unless the owners of the land agree otherwise.
4
Before giving up possession of land of which temporary possession has been taken under this article, Union Railways shall remove all temporary works and structures and restore the land in accordance with a scheme agreed with the local planning authority (or in default of agreement determined by the Secretary of State), and shall so restore it to the reasonable satisfaction of that authority and the owners of the land.
5
All private rights of way over land of which Union Railways takes possession under this article shall be suspended and unenforceable for as long as it remains in lawful possession of the land.
6
Union Railways shall pay compensation to the owners and occupiers of land of which possession is taken under paragraph (1) above for any loss which they may suffer by reason of the exercise in relation to the land of the powers conferred by that paragraph, and to any person who suffers loss by the suspension of a right under paragraph (5) above.
7
Any dispute as to a person’s entitlement to compensation under paragraph (6) above, or as to the amount of compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.
8
Nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act, as applied to the acquisition of land under article 3 above or section 4(1) of the 1996 Act, or under any other enactment, otherwise than for loss for which compensation is payable under paragraph (6) above.
9
Nothing in this article shall prejudice the power of the Secretary of State under section 4 of the 1996 Act to acquire any land (or as the case may be, the subsoil of any land) which is within the limit of land to be temporarily used.
10
In this article, “Work No. 10” means Work No. 10 authorised by the 1996 Act.
Time limit for powers of compulsory acquisition
10
After the end of the period of 5 years beginning with the day on which this Order is made —
a
no notice to treat shall be served under Part 1 of the 1965 Act, as applied to the acquisition of land under article 3 above;
b
no declaration shall be executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981, as applied by article 4(3) above.
Earth works
11
1
Without prejudice to the powers of Union Railways under the 1996 Act, Union Railways may —
a
raise the level of the land within the limit of earth works; and
b
carry out and maintain any other works within that limit as may be necessary or expedient for the purposes of, or in connection with, the raising of the level of that land.
2
The works authorised by paragraph (1)(a) above shall be carried out in accordance with the levels above the datum line which are shown on the deposited sections for those works.
Operational land
12
A deemed planning permission shall be treated as specific planning permission for the purposes of section 264(3)(a) of the Town and Country Planning Act 1990.
Certification of plans etc.
13
Union Railways shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections and the deposited plan to the Secretary of State for certification that they are true copies of, respectively, the book of reference, the deposited sections and the deposited plan referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Transfer of functions under Order
14
1
Subject to paragraphs (2) and (3) below, Union Railways may enter into an agreement with any person (“the transferee”) for the transfer of all or any of its undertaking under this Order, including all or any of the functions, powers or duties of Union Railways under this Order —
a
either permanently or for such period as is specified in or determined under the agreement; and
b
either unconditionally or subject to such conditions or upon the happening of such events as may be specified in the agreement.
2
The terms of any agreement made by virtue of paragraph (1) above shall, unless the transferee is the Secretary of State or a nominated undertaker for any purposes of any provisions of Part 1 of the 1996 Act, be subject to the approval of the Secretary of State.
3
Any agreement or undertaking entered into by Union Railways in connection with the promotion of this Order shall, so far as relevant to any functions, powers or duties under this Order exercisable by the transferee under an agreement made by virtue of paragraph (1) above, be binding on the transferee.
4
Where an agreement is made by virtue of paragraph (1) above, references to Union Railways in this Order (including references treated by article 15(3)(c) below as substituted in the 1996 Act) shall, to such extent and for such purposes as the agreement so provides, have effect as references to the transferee.
Application of 1996 Act
15
1
The following provisions of the 1996 Act shall so far as relevant apply to the earth works and to land held for or in connection with the earth works as they apply to the works authorised by Part I of that Act and land held for or in connection with the works so authorised, that is to say —
a
section 8;
b
paragraphs 4, 9 and 10 of Schedule 2;
c
Schedule 10;
d
Parts II to IV of Schedule 15.
2
The provisions of the 1996 Act referred to in paragraph (1)(b) to (d) above shall so far as relevant also apply to any temporary works carried out under article 9(1) above as they apply to the works authorised by Part I of that Act.
3
In the application under paragraphs (1) and (2) above of the provisions of the 1996 Act referred to in those paragraphs, in that Act —
a
references to the limits of deviation for the scheduled works and the limits of land to be acquired or used shall be treated as references to the limit of land to be acquired as defined in article 2 above and (as the case may be) the limit of land to be temporarily used as so defined,
b
references to the 1996 Act and to Part I of that Act shall be treated as references to this Order, and
c
references to the nominated undertaker shall be treated as references to Union Railways;
and, as regards those provisions as so applied, section 43 of the 1996 Act (including rules made under subsection (2) of that section) shall apply to any arbitration.
4
Section 54 of the 1996 Act shall apply to the service of any document authorised or required to be served on any person for the purposes of this Order (including any provision of the 1996 Act applied by paragraphs (1) and (2) above).
Termination of development agreement
16
1
This article applies where the Secretary of State has entered into a development agreement for purposes connected with the construction or operation of the Channel Tunnel Rail Link, and that agreement has been terminated under provisions contained therein.
2
Where this article applies, the Secretary of State may by notice in writing transfer to himself or to a nominated undertaker within the meaning of section 34 of the 1996 Act any of the powers, functions, duties or liabilities of Union Railways under this Order, or of any person to whom Union Railways has transferred them.
3
Where he has transferred such a power, function, duty or liability to himself the Secretary of State may subsequently transfer it to such a nominated undertaker.
4
In exercising his powers under paragraphs (2) and (3) above, the Secretary of State may deal differently in respect of different parts of the authorised works.
5
Any notice under paragraph (2) above shall be given by the Secretary of State to Union Railways or to any person to whom Union Railways has transferred any of the powers, functions, duties or liabilities of Union Railways under this Order.
6
Paragraph (3) of article 14 above shall apply in relation to any transfer of functions, powers or duties to the Secretary of State or a nominated undertaker under this article as it applies in relation to any transfer of functions, powers or duties by virtue of an agreement under paragraph (1) of that article.
Signed by authority of the First Secretary of State
Head of Transport and Works Act Processing Unit,
Office of the Deputy Prime Minister
22nd July 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 4 and Transitional Provisions) Order 2002.
2
In this Order —
“the 1997 Act ” means the Police Act 1997 ;
“the 2001 Act ” means the Criminal Justice and Police Act 2001.
Commencement on 1st March 2002
2
The following provisions of the 2001 Act shall come into force on 1st March 2002 —
a
section 1 (offences leading to penalties on the spot), for the purpose of making orders;
b
section 3 (amount of penalty and form of penalty notice);
c
section 131 (monitoring of compliance with bail conditions); and
d
section 132 (monitoring of compliance with conditions of non-secure remand).
Commencement on 1st April 2002
3
The following provisions of the 2001 Act shall come into force on 1st April 2002 —
a
sections 33 to 37 (travel restrictions on drug trafficking offenders) in so far as not already in force;
b
section 104 (vice chairmen) in so far as not already in force;
c
section 106 (removal of age qualification for membership) in so far as not already in force;
d
section 107(1)(c) and (4) (payment of allowances to NCIS and NCS Service Authority members);
e
section 108 (number and appointment of members of NCS and NCIS Service Authorities);
f
section 112 (duty of NCIS Service Authority to prepare accounts);
g
section 115 (duty of NCS Service Authority to prepare accounts);
h
sections 116(1) to (6), 117, 118, 119(1) to (6), 120 and 121 (appointment and removal of Directors General and members of NCIS and NCS);
i
section 126 (pensions for members of NCIS and NCS);
j
section 137 (repeals) in so far as it relates to the entries in Schedule 7 referred to in paragraphs (l) and (m) below;
k
Schedule 6, in so far as not already in force save for paragraph 4 of the new Schedule 2A to the 1997 Act inserted by paragraph 21 of Schedule 6;
l
in Schedule 7, Part 4, the entries relating to the 1997 Act; and
m
Schedule 7, Part 5, in so far as not already in force.
Transitional provisions relating to NCIS and NCS
4
1
The persons who are members of one or both of the Service Authorities for the National Criminal Intelligence Service and the National Crime Squad immediately before 1st April 2002 shall, unless reappointed with effect from that date, be treated as having resigned, in accordance with Schedule 2 to the 1997 Act , at that time.
2
Any appointment of a person as the Director General of the National Criminal Intelligence Service pursuant to section 6 of the 1997 Act or as Director General of the National Crime Squad pursuant to section 52 of that Act which is in force immediately before 1st April 2002 shall continue to have effect as from that date.
John Denham
Minister of State
Home Office
16th February 2002


text:
Citation and commencement
1
This Order may be cited as the Driving Licences (Exchangeable Licences) Order 2002 and shall come into force on 20th September 2002.
Interpretation
2
In this Order —
a
“driving test” means a test corresponding to the practical test of driving skills and behaviour prescribed under section 89 of the Road Traffic Act 1988 as part of the test of competence to drive;
b
“vehicle with automatic transmission” means a vehicle in which either —
i
the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or
ii
he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,
(and accordingly, a vehicle with manual transmission is any other class of vehicle); and
c
a reference to a licensing category is a reference to the category identified by the same letter or combination of letters in Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999 .
Designation of the Republic of Korea
3
1
Subject to paragraph (3) below, the Republic of Korea is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the descriptions specified in paragraph (2) below.
2
The licences referred to in paragraph (1) are —
a
licences which authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category B, B+E, F K or P, and which have been granted by the licensing authority of the Republic of Korea —
i
to a person who has passed a driving test in the Republic of Korea, or
ii
by way of exchange for a licence granted in an EEA State (including the United Kingdom), in a country or territory named in the Schedule or in the Principality of Monaco to a person who had passed a driving test in such a State, country or territory or in the said Principality; and
b
licences which authorise the driving of a class of vehicle corresponding to a class of vehicle included in licensing category A and which have been granted by the licensing authority of the Republic of Korea by way of exchange for a licence granted in an EEA State (including the United Kingdom), in a country or territory named in the Schedule or in the Principality of Monaco to a person who has passed a driving test in such a State, country or territory or in the said Principality.
3
A licence of a description specified in paragraph (2) above shall be exchangeable only in so far as it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test, whether in the Republic of Korea or in a State, country or territory or the Principality mentioned in paragraph (2)(a)(ii) above, in a vehicle with automatic transmission notwithstanding that the licence authorises the driving in the Republic of Korea of vehicles with manual transmission.
Designation of the Principality of Monaco
4
1
Subject to paragraphs (3) and (4) below, the Principality of Monaco is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the description specified in paragraph (2) below.
2
The licences referred to in paragraph (1) are licences —
a
which authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category A, B, B + E, F, K or P, and
b
which have been granted by the licensing authority of the Principality of Monaco —
i
to a person who has passed a driving test in the Principality of Monaco, or
ii
by way of exchange for a licence granted in an EEA State (including the United Kingdom), in a country or territory named in the Schedule or in the Republic of Korea to a person who had passed a driving test in such a State, country or territory or in the said Republic.
3
A licence of a description specified in paragraph (2) above shall be exchangeable only in so far as it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test, whether in the Principality of Monaco or in a State, country or territory of the Republic mentioned in paragraph (2)(b)(ii) above, in a vehicle with automatic transmission notwithstanding that the licence authorises the driving in the Principality of Monaco of vehicles with manual transmission.
4
A licence of a description specified in paragraph (2)(b)(ii) above, being a licence granted by way of exchange for a licence granted to a person who had passed a driving test in the Republic of Korea, shall not be exchangeable in so far as it authorises the driving of a class of vehicles corresponding to a class of vehicles included in licensing category A, notwithstanding that the licence authorises the driving in the Principality of Monaco of a class of vehicles corresponding to that licensing category.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
14th September 2002


text:
Citation, commencement, and extent
1
1
These Regulations may be cited as the Town and Country Planning (Enforcement)(Written Representations Procedure)(England) Regulations 2002 and shall come into force on 23rd December 2002.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations —
“the appellant” means a person giving notice of appeal to the Secretary of State;
“document” includes a photograph, map or plan;
“enforcement notice” means a notice issued under section 172(1) of the Planning Act or section 38(1) of the Listed Buildings Act ;
“the Enforcement Notices and Appeals Regulations ” means the Town and Country Planning (Enforcement Notices and Appeals)(England) Regulations 2002 ;
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
“local planning authority” means the body who issued the relevant enforcement notice;
“notice of appeal” means a notice of appeal under section 174(3) of the Planning Act or section 39(2) of the Listed Buildings Act;
“the Planning Act” means the Town and Country Planning Act 1990;
“questionnaire” means a document in the form supplied by the Secretary of State to local planning authorities for the purpose of proceedings under these Regulations;
“starting date” means the date of the Secretary of State’s written notice to the appellant and the local planning authority under regulation 4;
“written representations” includes supporting documents.
Application
3
1
These Regulations apply where, after they come into force, an appellant informs the Secretary of State in the notice of appeal that he wishes the appeal to be disposed of on the basis of written representations.
2
Where an appeal under section 174 of the Planning Act or section 39 of the Listed Buildings Act is not being disposed of on the basis of written representations and the appellant and the local planning authority inform the Secretary of State that they wish it to be disposed of on that basis, these Regulations apply to the proceedings to such extent as the Secretary of State may specify having regard to any steps already taken in relation to those proceedings.
3
These Regulations cease to apply to proceedings if the Secretary of State informs the appellant and the local planning authority that he will give them an opportunity of appearing before and being heard by a person appointed by him for the purpose.
Notification of receipt of appeal
4
The Secretary of State shall, as soon as practicable after receipt of the written notice of appeal, advise the appellant and the local planning authority in writing of —
a
the starting date;
b
the reference number allocated to the appeal;
c
the address to which written communications to the Secretary of State about the appeal are to be sent; and
d
the ground, or grounds, under section 174(2) of the Planning Act or section 39(1) of the Listed Buildings Act, as the case may be, on which the appeal has been brought.
Notice to interested parties
5
1
The local planning authority shall, within 2 weeks of the starting date, give written notice of the appeal to any —
a
person on whom a copy of the enforcement notice has been served;
b
occupier of property in the locality in which the land to which the enforcement notice relates is situated; and
c
other person who in the opinion of the local planning authority is affected by the breach of planning control or contravention of listed building or conservation area control which is alleged in the enforcement notice.
2
The notice given under paragraph (1) shall include —
a
the name of the appellant and the address of the land to which the appeal relates;
b
the starting date;
c
the reference number allocated to the appeal;
d
a description of the alleged breach of control;
e
in the case of an appeal against an enforcement notice under section 172 of the Planning Act, a statement setting out the additional matters specified in regulation 4 of the Enforcement Notices and Appeals Regulations;
f
the ground, or grounds, under section 174(2) of the Planning Act or section 39(1) of the Listed Buildings Act, as the case may be, on which the appeal is made;
g
a statement that representations may be submitted to the Secretary of State within 6 weeks of the starting date and the address to which such representations should be sent;
h
a statement that any representations made by any person mentioned in paragraph (1) will be sent to the appellant and the local planning authority; and
i
a statement that any such representations will be considered by the Secretary of State when determining the appeal unless any person mentioned in paragraph (1) withdraws them within 6 weeks of the starting date.
Questionnaire
6
1
The local planning authority shall within 2 weeks of the starting date submit to the Secretary of State, and copy to the appellant —
a
a completed questionnaire; and
b
a copy of each of the documents referred to in it.
2
The questionnaire shall state the date on which it is submitted to the Secretary of State.
Representations
7
1
The notice of appeal, the documents accompanying it and any statement submitted under regulation 6 of the Enforcement Notices and Appeals Regulations shall comprise the appellant’s representations in relation to the appeal.
2
The local planning authority may elect to treat the questionnaire, the documents submitted with it and the statement submitted under regulation 9 of the Enforcement Notices and Appeals Regulations as their representations in relation to the appeal; and, where they do so, they shall notify the Secretary of State and the appellant accordingly when submitting the questionnaire or sending the copy in accordance with regulation 6.
3
If the appellant wishes to make any further representations to those in paragraph (1), he shall submit 2 copies of those further representations to the Secretary of State within 6 weeks of the starting date.
4
Where the local planning authority does not elect as described in paragraph (2), they shall submit 2 copies of their written representations to the Secretary of State within 6 weeks of the starting date and these shall include —
a
a summary of the local planning authority’s response to each of the grounds on which the appeal is brought; and
b
a statement as to whether they would be prepared to grant planning permission for the matters alleged in the enforcement notice to constitute a breach of planning control, or to grant listed building consent or conservation area consent for the works to which the listed building enforcement notice or conservation area enforcement notice relates, as the case may be, and, if so, particulars of the conditions, if any, which they would wish to impose on the permission or consent.
5
Any representations made to the Secretary of State under paragraphs (3) or (4) should be dated and submitted to the Secretary of State on the date they bear.
6
The Secretary of State shall, as soon as practicable after receipt, send a copy of any representations made to him by the local planning authority to the appellant and shall send a copy of any representations made to him by the appellant to the local planning authority.
7
The appellant and the local planning authority shall submit 2 copies of any comments they have on each other’s representations to the Secretary of State within 9 weeks of the starting date; and the Secretary of State shall, as soon as practicable after receipt, send a copy of these further comments to the other party.
8
The Secretary of State may disregard further information from the appellant and the local planning authority which was not submitted within 9 weeks of the starting date unless that further information has been requested by him.
Third party representations
8
1
If an interested person notified under regulation 5(1) wishes to submit representations to the Secretary of State, he shall do so within 6 weeks of the starting date.
2
The Secretary of State shall —
a
send to the appellant and the local planning authority, as soon as practicable after receipt, a copy each of all of the representations received from interested persons; and
b
specify a period of not less than 2 weeks within which any comments on the representations must be submitted.
3
The Secretary of State may disregard comments made by the local planning authority under paragraph 2(b), where they failed to notify interested persons in accordance with regulation 5.
Allowing further time
9
The Secretary of State may in a particular case give directions setting later time limits than those prescribed by the Regulations.
Decision on Appeal
10
1
The Secretary of State may proceed to a decision on an appeal taking into account only such written representations as have been submitted within the relevant time limits.
2
The Secretary of State may, after giving the appellant and the local planning authority written notice of his intention to do so, proceed to a decision on an appeal notwithstanding that no written representations have been made within the relevant time limits if it appears to him that he has sufficient material before him to enable him to reach a decision on the merits of the case.
3
In this regulation “relevant time limits” means the time limits prescribed by these Regulations or, where the Secretary of State has exercised his power under regulation 9, any later time limits.
Transitional provisions
11
1
Subject to paragraph (2), any appeal to which the Town and Country Planning (Enforcement Notices and Appeals) Regulations 1991 (“the 1991 Regulations ”) applied which has not been determined on the date when these Regulations come into force, shall be continued under the 1991 Regulations.
2
Where an appeal to which the 1991 Regulations applied is subsequently remitted to the Secretary of State for redetermination in proceedings before any court, and is to be disposed of on the basis of written representations, the decision shall be redetermined in accordance with these Regulations.
Signed by the authority of the First Secretary of State
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
23rd October 2002


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 and comes into force on 3rd July 2002.
PRIMARY LEGISLATION
The Industrial Assurance Act 1923 (c. 8)
Illegal policies: liability of insurer
2
1
The Industrial Assurance Act 1923 (as that Act has effect, notwithstanding its repeal , by virtue of the Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 2001 ) is amended as follows.
3
In section 5 (prohibition on issue of illegal policies), in subsection (1) for “entitled” (in the second place it occurs) substitute “liable”.
The Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (c. 65)
Contraventions of the 1951 Act
3
In subsection (5) of section 57 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 (provisions supplementary to the three preceding sections), before “of regulations under this section” insert “this Part or”.
Offences under the 1951 Act: application to Guernsey and Jersey
4
1
In relation to the Channel Islands , section 57 of the Reserve and Auxiliary Forces (Protection of Civil Interests) Act 1951 is amended as follows.
2
For subsection (5) substitute —
5
An industrial assurance company, a collecting society or a friendly society which fails to comply with the provisions of this Part or of regulations under this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
.
3
Subsections (5A) and (5B) are omitted.
The Local Government Act 1972 (c. 70)
Meaning of “securities”
5
1
In subsection (1) of section 98 of the Local Government Act 1972 (interpretation of sections 95 and 97) for paragraph (a) substitute —
a
any of the following kinds of investments, namely —
i
shares,
ii
instruments creating or acknowledging indebtedness,
iii
government and public securities,
iv
instruments giving entitlement to investments,
v
certificates representing securities,
vi
units in a collective investment scheme,
vii
rights to, or interests in, any security of a kind mentioned in sub-paragraphs (i) to (vi); or
.
2
After subsection (2) of section 98 insert —
3
Paragraph (a) of subsection (1) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
The Welsh Development Agency Act 1975 (c. 70)
Disapplication of section 21 of the Financial Services and Markets Act 2000
6
In Schedule 1 to the Welsh Development Agency Act 1975 (the Welsh Development Agency), for paragraph 21 (circulars) substitute —
21
Section 21(1) of the Financial Services and Markets Act 2000 (restrictions on financial promotion) does not apply to any invitation or inducement to engage in an investment activity (within the meaning of section 21(8) of that Act) which the Agency communicate or cause to be communicated in discharge of their functions.
.
The Credit Unions Act 1979 (c. 34)
Repeal of unnecessary provisions
7
1
The Credit Unions Act 1979 is amended as follows.
2
In section 4 (rules), subsection (4) is repealed.
3
In subsection (2) of section 31 (interpretation), omit “71,”.
4
In subsection (2) of section 32 (Northern Ireland), omit “under section 71 of the 1965 Act”.
The Competition Act 1980 (c. 21)
Restriction on disclosure of information
8
In subsection (3) of section 19 of the Competition Act 1980 (restriction on disclosure of information), for the second paragraph (h) substitute —
hh
Chapter III of Part X (competition scrutiny of regulating provisions and practices of the Authority), and Chapter II of Part XVIII (competition scrutiny of regulatory provisions and practices of recognised clearing houses and recognised investment exchanges), of the Financial Services and Markets Act 2000;
.
The Licensing (Alcohol Education and Research) Act 1981 (c. 28)
Meaning of “securities”
9
1
In subsection (6) of section 3 of the Licensing (Alcohol Education and Research) Act 1981 (final accounts of authorities and powers of liquidators), for the definition of “securities” substitute —
“securities” means —
shares,
instruments creating or acknowledging indebtedness,
government and public securities,
instruments giving entitlement to investments,
certificates representing securities,
units in a collective investment scheme,
rights to, or interests in, any security of a kind mentioned in paragraphs (a) to (f).
.
2
After subsection (6) insert —
7
The definition of “securities” in subsection (6) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
The Insurance Companies Act 1981 (c. 31)
Repeal of the 1981 Act
10
The Insurance Companies Act 1981 is repealed.
The Companies Act 1985 (c. 6)
Insurance companies formed before 3rd November 1966 in contravention of section 434 of the Companies Act 1948
11
In section 716 of the Companies Act 1985 (prohibition of partnerships with more than 20 members), after subsection (5) insert —
6
Subsection (1), or any corresponding provision previously in force, does not invalidate the formation of any insurance company which immediately before 3rd November 1966 was carrying on in Great Britain insurance business of any class relevant for the purposes of Part I of the Insurance Companies Act 1974 and was carrying on business of that class on 25th July 1973.
.
Meaning of “manager”
12
In Part IV of Schedule 9 to the Companies Act 1985 (special provisions for banking companies and groups) , paragraph (3) is amended as follows.
2
In sub-paragraph (1)(b) the words “(within the meaning of the Financial Services and Markets Act 2000)” are repealed.
3
For sub-paragraph (3) substitute —
3
In this paragraph —
a
“director” includes a shadow director;
b
“chief executive” has the meaning given in section 417 of the Financial Services and Markets Act 2000; and
c
“manager” has the meaning given in section 423(3) of that Act.
.
The Insurance (Fees) Act 1985 (c. 46)
Repeal of the 1985 Act
13
The Insurance (Fees) Act 1985 is repealed.
The Insolvency Act 1986 (c. 45)
Limitation on power to make administration order
14
1
Subsection (5) of section 8 of the Insolvency Act 1986 (power of court to make order) is amended as follows.
2
For paragraph (a) substitute —
a
it effects or carries out contracts of insurance, but is not —
i
exempt from the general prohibition, within the meaning of section 19 of the Financial Services and Markets Act 2000, in relation to effecting or carrying out contracts of insurance, or
ii
an authorised deposit taker within the meaning given by subsection (IB), and effecting or carrying out contracts of insurance in the course of a banking business;
.
3
In paragraph (b), after “the Banking Act 1987” insert “, but is not an authorised deposit taker, within the meaning given by subsection (1B)”.
Supplementary powers of the court: winding up of an insolvent partnership
15
1
The repeal of subsection (5C) of section 168 of the Insolvency Act 1986 (supplementary powers (England and Wales)) by article 306 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 is treated as if it had not been made, and instead that subsection is amended in accordance with paragraph (2).
2
For subsection (5C) substitute —
5C
Where the court makes an order for the winding up of an insolvent partnership under —
a
section 72(1)(a) of the Financial Services Act 1986;
b
section 92(1)(a) of the Banking Act 1987; or
c
section 367(3)(a) of the Financial Services and Markets Act 2000,
the court may make an order as to the future conduct of the winding up proceedings, and any such order may apply any provisions of the Insolvent Partnerships Order 1994 with any necessary modifications.
.
Power to apply first group of Parts to formerly authorised banks
16
1
Section 422 of the Insolvency Act 1986 (recognised banks, etc.) is amended as follows.
2
For the cross heading to that section substitute “Formerly authorised banks”.
3
In subsection (1) , after “in relation to any person” insert “(other than an authorised deposit taker)”.
4
After subsection (1) insert —
1A
For the purposes of subsection (1), “authorised deposit taker” has the meaning given in section 8(1B).
.
The Social Security Administration Act 1992 (c. 5)
Definition of “insurer”
17
In subsection (4) of section 15A of the Social Security Administration Act 1992 (payment out of benefit of sums in respect of mortgage interest etc.) , in paragraph (b) of the definition of “insurer” for “paragraph 5(b)” substitute “paragraph 5(d)”.
The Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Meaning of “qualifying lender”
18
1
Section 13A of the Social Security Administration (Northern Ireland) Act 1992 is amended as follows.
2
In subsection (3) —
a
for paragraph (a) substitute —
a
a deposit taker;
;
b
paragraph (b) is repealed; and
c
for paragraph (c) substitute —
c
an insurer;
.
3
In subsection (4), before the definition of “mortgage interest” insert —
“deposit taker” means —
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, or
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to accept deposits;
“insurer” means —
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance, or
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect or carry out contracts of insurance;
.
4
After subsection (4) insert —
4A
The definitions of “deposit taker” and “insurer” in subsection (4) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
The Pension Schemes (Northern Ireland) Act 1993 (c. 49)
Discharge of protected rights on winding up: insurance policies
19
1
The amendments made to section 28A of the Pension Schemes (Northern Ireland) Act 1993 (discharge of protected rights on winding up: insurance policies) by article 131 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 are treated as if they had not been made, and instead section 28A is amended as follows.
2
In subsection (2)(a) —
a
for “insurance company” substitute “insurer”; and
b
in sub-paragraph (i), the word “ordinary” and the words “(within the meaning of the Insurance Companies Act 1982)” are repealed.
Entitlement to guaranteed minimum pensions: treatment of entitlements
20
In section 43(3)(d) of the Pension Schemes (Northern Ireland) Act 1993 (further provisions concerning entitlement to guaranteed minimum pensions for the purposes of section 42), for “Policyholders Protection Act 1975” substitute “Financial Services Compensation Scheme”.
Determination of questions by the Department
21
In section 165(1)(c) of the Pension Schemes (Northern Ireland) Act 1993 (determination of questions by the Department) for “Policyholders Protection Act 1975” substitute “Financial Services Compensation Scheme”.
Interpretation: Financial Services Compensation Scheme
22
In section 176(1) of the Pension Schemes (Northern Ireland) Act 1993, at the appropriate place insert —
“Financial Services Compensation Scheme” means the Financial Services Compensation Scheme referred to in section 213(2) of the Financial Services and Markets Act 2000;
.
The Coal Industry Act 1994 (c. 21)
Restriction on disclosure of information
23
For paragraph (b) of section 59(3) of the Coal Industry Act 1994 (information to be kept confidential by the Authority) substitute —
b
the Secretary of State, the Treasury and the Financial Services Authority are relevant authorities in relation to their functions under the Financial Services and Markets Act 2000 and the enactments relating to companies and insolvency;
.
The Competition Act 1998 (c. 41)
Interpretation of section 55: relevant functions and designated person
24
1
Schedule 11 to the Competition Act 1998 (interpretation of section 55) is amended as follows.
2
In paragraph 1, for sub-paragraph (h) substitute —
h
the Financial Services and Markets Act 2000 (c. 11) ;
.
3
In paragraph 2, for sub-paragraph (r) substitute —
r
the Financial Services Authority;
.
The Data Protection Act 1998 (c. 29)
Exemption in connection with corporate finance services
25
1
In Schedule 7 to the Data Protection Act 1998 (miscellaneous exemptions), paragraph 6 (corporate finance) is amended as follows.
2
In sub-paragraph (3), in the definition of “instrument”, omit “, as set out in Schedule 1 to the Investment Services Regulations 1995”.
3
In that sub-paragraph, in the definition of “relevant person”, for paragraphs (a) to (c) substitute —
a
any person who, by reason of any permission he has under Part IV of the Financial Services and Markets Act 2000, is able to carry on a corporate finance service without contravening the general prohibition, within the meaning of section 19 of that Act;
b
an EEA firm of the kind mentioned in paragraph 5(a) or (b) of Schedule 3 to that Act which has qualified for authorisation under paragraph 12 of that Schedule, and may lawfully carry on a corporate finance service;
c
any person who is exempt from the general prohibition in respect of any corporate finance service —
i
as a result of an exemption order made under section 38(1) of that Act, or
ii
by reason of section 39(1) of that Act (appointed representatives);
cc
any person, not falling within paragraph (a), (b) or (c) who may lawfully carry on a corporate finance service without contravening the general prohibition;
.
The Regulation of Investigatory Powers Act 2000 (c. 23)
Repeal of unnecessary provision
26
In Schedule 1 to the Regulation of Investigatory Powers Act 2000, in Part I (relevant authorities for the purposes of sections 28 and 29), paragraph 22 (the Personal Investment Authority) is repealed.
The Utilities Act 2000 (c. 27)
Restriction on disclosure of information
27
The amendments made to section 105(4) of the Utilities Act 2000 (general restrictions on disclosure of information) by article 363 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 are treated as if they had not been made, and instead section 105(4) is amended as follows —
a
in paragraph (c) omit “by the Financial Services Act 1986 or” and “, insurance companies”; and
b
after paragraph (d) insert —
da
for the purpose of facilitating the performance by the Secretary of State, the Treasury or the Financial Services Authority of any functions under the Financial Services and Markets Act 2000;
db
for the purpose of facilitating the discharge of any function by a person appointed under —
i
section 97 of the financial Services and Markets Act 2000 (investigations into a breach of listing rules etc.),
ii
section 167 of that Act (general investigations), or
iii
section 168 of that Act (investigations in particular cases);
.
The Insolvency Act 2000 (c. 39)
Repeal of unnecessary provisions
28
1
In Schedule 1 to the Insolvency Act 2000 (amendments of the Insolvency Act 1986), Schedule A1 to the Insolvency Act 1986 (moratorium where directors propose voluntary arrangement) is amended as follows.
2
In paragraph 1 (interpretation), the definitions of “money market contract” and “money market charge”, and “related contract” are repealed.
3
In paragraph 2 (eligible companies), in sub-paragraph (2)(c) omit “, a money market contract or a related contract” and “, a money market charge”.
4
In paragraph 23 (market contracts, etc.) —
a
in sub-paragraph (2)(a) omit “a money market contract or a related contract,”;
b
in sub-paragraph (2)(c) omit “, a money market charge”; and
c
in sub-paragraph (5) omit “a money market charge,”.
Companies not eligible for a moratorium
29
1
In Schedule 1 to the Insolvency Act 2000 (amendments of the Insolvency Act 1986), paragraph 2 of Schedule A1 to the Insolvency Act 1986 (moratorium where directors propose voluntary arrangement) is amended as follows.
2
In sub-paragraph (2) (eligible companies) for paragraphs (a) and (b) substitute —
a
it effects or carries out contracts of insurance, but is not exempt from the general prohibition, within the meaning of section 19 of the Financial Services and Markets Act 2000, in relation to that activity,
b
it has permission under Part IV of that Act to accept deposits,
bb
it has a liability in respect of a deposit which it accepted in accordance with the Banking Act 1979 (c. 37) or 1987 (c. 22) ,
;
3
After sub-paragraph (2) insert —
3
Paragraphs (a), (b) and (bb) of sub-paragraph (2) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
Excepted petitions
30
In Schedule 1 to the Insolvency Act 2000, in paragraph 12 (effect on creditors etc.) of Schedule A1 to the Insolvency Act 1986, after paragraph (c) of sub-paragraph (5) insert —
d
section 367 of the Financial Services and Markets Act 2000 on the ground mentioned in subsection (3)(b) of that section.
.
Application of companies insolvency legislation to building societies
31
In Part II of Schedule 2 to the Insolvency Act 2000 (company voluntary arrangements: amendments of the Building Societies Act 1986), in paragraph 13(1), for “the Commission” (in each place it appears) substitute “the Authority”.
SECONDARY LEGISLATION
The Personal Pension Schemes (Disclosure of Information) Regulations 1987( S.I. 1987/1110 )
Availability of information to scheme members
32
1
The Person Pension Schemes (Disclosure of Information) Regulations 1987 are amended as follows.
2
In paragraph (5) of regulation 6 (availability of other information) , for “Part 10 (reports) of the Financial Services (Regulated Schemes) Regulations 1991 issued by the Securities and Investments Board” substitute “Chapter 10 (reports and accounts) of the Collective Investment Schemes Sourcebook made by the Financial Services Authority under Part X of the Financial Services and Markets Act 2000”.
3
In paragraph 4 of Schedule 3 (other information) , for “by Schedule 3 to the Financial Services (Regulated Schemes) Regulations 1991 issued by the Securities and Investments Board” substitute “by section 10.3 (contents of annual and half-yearly reports) of the Collective Investment Schemes Sourcebook made by the Financial Services Authority under Part X of the Financial Services and Markets Act 2000”.
The Personal Pension Schemes (Compensation) Regulations 1988 ( S.I. 1988/2238 )
Appropriate schemes
33
1
The Personal Pension Schemes (Compensation) Regulations 1988 are amended as follows.
2
In regulation 2 (application of regulations) —
a
in paragraph (a) for “regulation 2(1)(a)” substitute “regulation 2(2)(a)”; and
b
in paragraph (d) for “regulation 2(1)(c)” substitute “regulation 2(2)(c)”.
3
In regulation 3 (requirements to be complied with by liable schemes in event of insolvency), in paragraph (1) and paragraph (3) for “regulation 2(1)” (in each place it appears) substitute “regulation 2(2)”.
The Banks (Administration Proceedings) Order 1989 ( S.I. 1989/1276 )
Application of Part II of the Insolvency Act 1986 to former authorised institutions
34
1
The Banks (Administration Proceedings) Order 1989 is amended as follows.
2
In article 2 (application of provisions in the Insolvency Act 1986 with modifications in relation to companies which are former authorised institutions) the words “authorised institutions and” and “within the meaning of the Banking Act 1987” are revoked.
3
In paragraph 2 of the Schedule , for “section 8(4)” substitute “section 8(5)”.
The Money Laundering Regulations 1993 ( S.I. 1993/1933 )
Record-keeping procedures: appointed representatives
35
In regulation 13(4) of the Money Laundering Regulations 1993 (record-keeping procedures: supplementary provisions) , omit “which is investment business carried on by him”.
The Insolvent Partnerships Order 1994 ( S.I. 1994/2421 )
Application of Part II of the Insolvency Act 1986 to partnerships which are former authorised institutions
36
In paragraph 2 of Schedule 2 to the Insolvent Partnerships Order 1994 (modified provisions of Part II of the Insolvency Act), in paragraph (b) of the text of section 8(5) of the Insolvency Act 1986 (as modified by that paragraph) , after “the Banking Act 1987” insert “, but is not an authorised deposit taker, within the meaning given by subsection (1B)”.
The Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 ( S.I. 1996/2475 )
Exclusions from jurisdiction of Pensions Ombudsman
37
In paragraph (1) of regulation 4 of the Personal and Occupational Pension Schemes (Pensions Ombudsman) Regulations 1996 (exclusions from jurisdiction) , after “which can be” insert “(and is in fact)”.
The Public Interest Disclosure (Prescribed Persons) Order 1999 (S. I. 1999/1549)
Prescribed persons
38
1
The Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999 is amended as follows.
2
The entries relating to the following persons are revoked —
The Building Societies Commission;
The Chief Registrar of Friendly Societies;
The Assistant Registrar of Friendly Societies for Scotland;
The Friendly Societies Commission;
The Investment Management Regulatory Organisation;
The Personal Investment Authority; and
The Securities and Futures Authority.
3
In the first column of the entry relating to the competent authority under Part IV of the Financial Services Act 1986, for “Part IV of the Financial Services Act 1986” substitute “Part VI of the Financial Services and Markets Act 2000”.
4
In the second column of the entry relating to the Financial Services Authority —
a
after “the operation of banks” insert “ and building societies”;
b
after “wholesale money market regimes;” insert “the operation of friendly societies, benevolent societies, working men’s clubs, specially authorised societies, and industrial and provident societies;”; and
c
omit “the functioning of other financial regulators;”.
The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 ( S.I. 1999/2979 )
Designated systems
39
1
The Financial Markets and Insolvency (Settlement Finality) Regulations 1999 are amended as follows.
2
In paragraph (1) of regulation 2 (interpretation) —
a
for the definition of “the 1986 Act” substitute —
“the 2000 Act” means the Financial Services and Markets Act 2000;
; and
b
in sub-paragraph (a)(i) of the definition of “designating authority” for “the 1986 Act” substitute “the 2000 Act”.
3
In paragraph (1) of regulation 6 (certain bodies deemed to satisfy the requirements for designation) for “the 1986 Act” substitute “the 2000 Act”.
4
In paragraph (2) of regulation 7 (revocation of designation) —
a
for “Subsections (2) to (9) of section 11 of the 1986 Act” substitute “Subsections (1) to (7) of section 298 of the 2000 Act”;
b
for “under subsection (1) of that section” substitute “section 297(2) of that Act”; and
c
for sub-paragraphs (a) and (b) substitute —
a
any reference to a recognised body shall be taken to be a reference to a designated system;
b
any reference to members of a recognised body shall be taken to be a reference to participants in a designated system;
c
references to the Authority shall, in cases where the Bank of England is the designating authority, be taken to be a reference to the Bank of England; and
d
subsection (4)(a) shall have effect as if for “two months” there were substituted “three months”.
.
5
In regulation 7, after paragraph (2) insert —
3
An order revoking a designation order —
a
shall state the date on which it takes effect, being no earlier than three months after the day on which the revocation order is made; and
b
may contain such transitional provisions as the designating authority thinks necessary or expedient.
4
A designation order may be revoked at the request or with the consent of the designated system, and any such revocation shall not be subject to the restriction imposed by paragraph (3)(a), or to the requirements imposed by subsections (1) to (6) of section 298 of the 2000 Act.
.
6
In paragraph (5) of regulation 10 (provision of information by designated systems), for “section 41 of the 1986 Act” substitute “section 293 of the 2000 Act”.
The Stakeholder Pension Schemes Regulations 2000 ( S.I. 2000/1403 )
Meaning of “securities” and references to “insurers”
40
1
The Stakeholder Pension Schemes Regulations 2000 are amended as follows.
2
In paragraph (3) of regulation 1 (citation, commencement and interpretation) —
a
in the definition of “securities” for “unit trust” substitute “investment trust”; and
b
in the definition of “with-profits fund”, for “insurance company” (in both places) substitute “insurer”.
3
In paragraphs (4) and (5) of regulation 15 (requirement for trustees or manager to satisfy certain conditions in relation to with-profits fund), for “insurance company” (in each place it appears) substitute “insurer”.
The Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000 ( S.I. 2000/2417 )
Revocation of unnecessary provision
41
In the Schedule to the Regulation of Investigatory Powers (Prescription of Offices, Ranks and Positions) Order 2000, in Part I (prescriptions for public authorities which are relevant public authorities for the purposes of sections 28 and 29 of the Regulation of Investigatory Powers Act 2000) the entry relating to the Personal Investment Authority is revoked.
The Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2000 ( S.I. 2000/2418 )
Revocation of unnecessary provision
42
In the Schedule to the Regulation of Investigatory Powers (Authorisations Extending to Scotland) Order 2000, the entry relating to the Personal Investment Authority is revoked.
The Terrorism Act 2000 (Crown Servants and Regulators) Regulations 2001 ( S.I. 2001/192 )
Revocation of references to persons no longer performing regulatory functions
43
The amendments made to regulation 4 of the Terrorism Act 2000 (Crown Servants and Regulators) Regulations 2001 (disapplication of section 19 in relation to persons performing functions of a public nature) by article 603 of the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 are treated as if they had not been made, and instead regulation 4 is amended as follows —
a
paragraphs (c), (d), (e), (g), (h), (j), (k), (1) and (m) are revoked, and
b
for paragraph (f) substitute —
f
a designated professional body within the meaning of section 326(2) of the Financial Services and Markets Act 2000;
.
The Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001( S.I. 2001/853 )
Meaning of “investments”
44
In Schedule 1 to the Transport Act 2000 (Civil Aviation Authority Pension Scheme) Order 2001 (the new provisions), in paragraph 14.1 for “within the meaning of the Financial Services Act 1986” substitute “within the meaning of section 22 of the Financial Services and Markets Act 2000 and any relevant order made under that section”.
The Partnerships (Unrestricted Size) No 16 Regulations 2001 ( S.I. 2001/1389 )
Partnerships authorised to carry on investment business
45
1
The Partnerships (Unrestricted Size) No 16 Regulations 2001 are amended as follows.
2
In paragraph (1) of regulation 2, for the words from “which is — ” to the end of the paragraph substitute
which —
has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on that business,
in an EEA firm of the kind mentioned in paragraph 5(a) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to carry on that business,
is an authorised person by virtue of paragraph 1 of Schedule 5 to that Act, and has permission under paragraph 2 of that Schedule to carry on investment business of a kind mentioned in that paragraph (activities in connection with a recognised collective investment scheme), or
is a Treaty firm which has permission under paragraph 4 of Schedule 4 to that Act (as a result of qualifying for authorisation under paragraph 3 of that Schedule) to carry on that business.
.
3
Omit paragraph (2) of regulation 2.
4
After regulation 2 insert —
3
1
For the purposes of regulation 2, “investment business” means the business which consists of carrying on one or more of the following regulated activities —
a
dealing in investments as principal or as agent;
b
arranging deals in investments;
c
managing investments;
d
safeguarding and administering investments;
e
sending dematerialised instructions;
f
establishing (and taking other steps in relation to) collective investment schemes;
g
advising on investments;
h
entering as a provider into a funeral plan contract;
i
entering into a regulated mortgage contract as a lender;
j
administering a regulated mortgage contract.
2
Paragraph (1) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
The Railway Administration Order Rules 2001 ( S.I. 2001/3352 )
Meaning of “authorised deposit taker” and “former authorised institution”
46
1
Rule 2.8 of the Railway Administration Order Rules 2001 (manner in which service of the petition is to be effected) is amended as follows.
2
For paragraph (5)(a) substitute —
a
is an authorised deposit taker or a former authorised institution,
.
3
After paragraph (6) insert —
6A
For the purposes of paragraph (5) —
a
“authorised deposit taker” means a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits; and
b
“former authorised institution” means an institution which continues to have a liability in respect of a deposit which was held by it in accordance with the Banking Act 1979 or the Banking Act 1987, but is not an authorised deposit taker.
6B
References in paragraph (6A) to deposits and their acceptance must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
The Terrorism (United Nations Measures) (Isle of Man) Order 2001 ( S.I. 2001/3364 )
Construction of the 2001 Order: “relevant institution”
47
1
Article 2 of the Terrorism (United Nations Measures) (Isle of Man) Order 2001 (interpretation: general) is amended as follows.
2
The existing text is numbered paragraph (1).
3
In paragraph (1), in the definition of “relevant institution” for paragraph (d) substitute —
d
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000, which has lawfully established a branch in the Isle of Man for the purpose of accepting deposits or other repayable funds from the public;
.
4
After paragraph (1) insert —
2
For the purpose of paragraph (d) of the definition of “relevant institution” in paragraph (1), the activity of accepting deposits has the meaning given in any relevant order under section 22 of the Financial Services and Markets Act 2000.
.
The Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 2001 ( S.I. 2001/3647 )
Offences under the Industrial Assurance Acts: application in relation to Guernsey and Jersey
48
1
Schedule 1 to the Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 2001 is amended as follows.
2
In paragraph 31, for “paragraphs 20 and 25” substitute “paragraphs 20, 24 and 25”.
3
Paragraph 34 is revoked, and in its place insert —
34
In relation to the Channel Islands, section 39 of the 1923 Act (offences) has effect with the substitution for subsection (1) of the following —
1
Any collecting society or industrial assurance company which contravenes or fails to comply with any of the provisions of this Act shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
.
After paragraph 36 insert —
36A
In relation to the Channel Islands, section 16 of the 1948 Act (offences) has effect with the substitution for subsection (2) of the following —
2
Any collecting society or industrial assurance company which contravenes or fails to comply with any of the provisions of this Act, or of regulations made for the purposes of section 8 of this Act, shall be guilty of an offence under the Industrial Assurance Act 1923.
.
NORTHERN IRELAND LEGISLATION
The Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I))
Power of societies to disapply obligation to appoint auditors
49
1
Section 38A of the Industrial and Provident Societies Act (Northern Ireland) 1969 is amended as follows.
2
In paragraph (3)(d) the words “within the meaning of the Banking Act 1987” are repealed.
3
After paragraph (3) insert —
3A
In paragraph (3)(d), the reference to a deposit must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
The Superannuation (Northern Ireland) Order 1972 ( S.I 1972/1703 (N.I 10))
Authorised providers in relation to superannuation schemes for civil servants etc.
50
1
Article 3 of the Superannuation (Northern Ireland) Order 1972 (superannuation schemes in respect of civil servants etc.) is amended as follows.
2
In paragraph (8) , for the definition of “authorised provider” substitute —
“authorised provider”, in relation to the investment of any sums paid by way of voluntary contributions or the provision of any benefit, means —
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to invest such sums or, as the case may be, to provide that benefit;
an EEA firm of a kind mentioned in paragraph 5(a), (b) or (c) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be, to provide that benefit and which satisfies the conditions applicable to it which are specified in paragraph (8B), (8C) or (8D); or
an EEA firm of a kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to invest such sums or, as the case may be to provide that benefit;
.
3
After that paragraph insert —
8A
In paragraph (8), the definition of “authorised provider” must be read with —
a
section 22 to the Financial Services and Markets Act 2000;
b
any relevant order made under that section; and
c
Schedule 2 to that Act.
8B
If the EEA firm concerned is of the kind mentioned in paragraph 5(a) of Schedule 3 to the Financial Services and Markets Act 2000, the conditions are —
a
that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on a service falling within section A or C of the Annex to the Investment Services Directive; and
b
that firm is authorised by its home state authorisation to carry on that service.
8C
If the EEA firm concerned is of the kind mentioned in paragraph 5(b) of that Schedule, the conditions are —
a
that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive; and
b
that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions.
8D
If the EEA firm concerned is of the kind mentioned in paragraph 5(c) of that Schedule, the conditions are —
a
that, in investing of the sums in question, or in providing the benefit in question, the firm is carrying on an activity falling within Annex 1 to the Banking Consolidation Directive;
b
that the activity in question is one in relation to which an authority in the firm’s home State has regulatory functions; and
c
that the firm also carries on the activity in question in its home State.
8E
Expressions used in paragraphs (8B) to (8D) which are also used in Schedule 3 to the Financial Services and Markets Act 2000 have the same meanings in those paragraphs as they have in that Schedule.
.
Authorised providers in relation to superannuation schemes for teachers
51
In Article 11(6) of the Superannuation (Northern Ireland) Order 1972 (superannuation schemes as respects teachers) for the definition of “authorised provider” substitute —
“authorised provider” has the meaning given in Article 3;
.
Authorised providers in relation to superannuation schemes for persons engaged in health services etc.
52
In Article 12(6) of the Superannuation (Northern Ireland) Order 1972 (superannuation schemes as respects persons engaged in health services, etc.) for the definition of “authorised provider” substitute —
“authorised provider” has the meaning given in Article 3;
.
The Industrial Assurance (Northern Ireland) Order 1979 ( S.I. 1979/1574 (N.I.13) )
Meaning of “relevant insurer”
53
1
The Industrial Assurance (Northern Ireland) Order 1979 (as that Order has effect, notwithstanding its revocation , by virtue of the Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 2001 ) is amended as follows.
2
In paragraph (2) of Article 2 (interpretation) , after the definition of “Registrar” insert —
“relevant insurer” means a person, whether incorporated or not, who carried on industrial assurance business before 1st December 2001;
.
3
In Article 20 (illegal policies), in paragraph (1) for “entitled” (in the second place it occurs) substitute “liable”.
The Credit Unions (Northern Ireland) Order 1985 ( S.I. 1985/1205 (N.I.12) )
Definition of “authorised bank”
54
Article 2 of the Credit Unions (Northern Ireland) Order 1985 (interpretation) is amended as follows.
2
In paragraph (2), for sub-paragraph (a) of the definition of “authorised bank” substitute —
a
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits;
ab
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits;
ac
a municipal bank, that is to say a company which, immediately before the 1st December 2001 fell within the definition in section 103 of the Banking Act 1987 ;
.
3
After paragraph (2) insert —
2A
Sub-paragraphs (a) and (ab) of the definition of “authorised bank” in paragraph (2) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
.
General prohibition on deposit taking
55
In Article 25(2) of the Credit Unions (Northern Ireland) Order 1985 (general prohibition on deposit taking) , for the words “has the meaning given in section 5 of the Barking Act 1987” substitute —
must be read with —
section 22 of the Financial Services and Markets Act 2000;
any relevant order under that section; and
Schedule 2 to that Act.
.
Insurance against fraud or other dishonesty
56
1
Article 37 of the Credit Unions (Northern Ireland) Order 1985 (insurance against fraud or other dishonesty) is amended as follows.
2
In paragraph (2), for sub-paragraph (d) substitute —
d
must be issued by —
i
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to effect and carry out contracts of insurance of a relevant class, or
ii
an EEA firm of the kind mentioned in paragraph 5(d) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12 of that Schedule) to effect and carry out contracts of insurance of a relevant class.
.
3
After paragraph (2) insert —
2A
Sub-paragraph (d) of paragraph (2) must be read with —
a
section 22 of the Financial Services and Markets Act 2000;
b
any relevant order made under that section; and
c
Schedule 2 to that Act.
.
The Insolvency (Northern Ireland) Order 1989 ( S.I. 1989/2045 (N.I. 19) )
Limitation of power to make an administration order
57
1
Paragraph (5) of Article 21 of the Insolvency (Northern Ireland) Order 1989 (restrictions on making of administration order) is amended as follows.
2
For sub-paragraph (a) substitute —
a
it carries on a regulated activity of effecting or carrying out contracts of insurance but is not —
i
exempt from the general prohibition, within the meaning of section 19 of the Financial Services and Markets Act 2000, in respect of that activity, or
ii
an authorised deposit taker within the meaning given by paragraph (1B), and carrying on that activity in the course of, or for the purposes of, a banking business;
.
3
In sub-paragraph (b), after “the Banking Act 1987” insert “, but is not an authorised deposit taker, within the meaning given by paragraph (1B)”.
Winding-up on petition of the Authority: partnerships
58
In paragraph (5C) of Article 143 of the Insolvency (Northern Ireland) Order 1989 , for “under section 72(1)(a) of the Financial Services Act 1986 or section 92(1)(a) of the Banking Act 1987” substitute “under section 367(3)(a) of the Financial Services and Markets Act 2000”.
Power to apply Parts 2 to 7 to formerly authorised banks
59
1
Article 366 of the Insolvency (Northern Ireland) Order 1989 (power to apply Parts 2 to 7 to banks etc.) is amended as follows.
2
For the cross heading to that Article substitute “Power to apply Parts II to VII to formerly authorised banks etc.”.
3
The existing text is numbered paragraph (1).
4
In paragraph (1), after “any company” insert “(other than an authorised deposit taker)”.
4
After paragraph (1) insert —
2
For the purposes of paragraph (1), “authorised deposit taker” has the meaning given in Article 21(1B).
.
The Pensions (Northern Ireland) Order 1995 ( S.I. 1995/3213 (N.I. 22) )
Salary related occupational pension schemes: discharge of liability by insurance etc.
60
In Article 74 of the Pensions (Northern Ireland) Order 1995 (discharge of liabilities by insurance etc.), in paragraph (3)(c), for “insurance companies” substitute “insurers”.
NORTHERN IRELAND STATUTORY RULES
The Reserve and Auxiliary Forces (Protection of Industrial Assurance etc. Policies) Regulations (Northern Ireland) 1953 (S.R.&O. (N.I.) 1953 No. 43)
Reserve and auxiliary forces: protection of industrial assurance policies and policies with friendly societies
61
1
The Reserve and Auxiliary Forces (Protection of Industrial Assurance etc. Policies) Regulations (Northern Ireland) 1953 are amended as follows.
2
In paragraph (2) of regulation 1 —
a
omit the definition of “the Commissioner”; and
b
before the definition of “owner” insert —
“ombudsman” means a person who —
is a member of the panel established under paragraph 4 of Schedule 17 to the Financial Services and Markets Act 2000 to act as ombudsmen for the purposes of the ombudsmen scheme, and
has considered or determined an application made under the ombudsman scheme under Part VI of the Act;
“ombudsman scheme” has the same meaning as in the Financial Services and Markets Act 2000;
.
3
After paragraph (3) of regulation 2 insert —
4
In relation to a notice before forfeiture served under Article 29 of the Industrial Assurance (Northern Ireland) Order 1979 after the 30th November 2001, references in these Regulations to Article 29 of the Industrial Assurance (Northern Ireland) Order 1979 are references to that Article as it has effect (notwithstanding the revocation of the 1979 Order) by virtue of the Financial Services and Markets Act 2000 (Consequential Amendments and Savings) (Industrial Assurance) Order 1979.
.
4
In paragraphs (1) and (2) of regulation 3 for “the Commissioner” substitute “the ombudsman scheme”.
5
In regulation 6 —
a
for “An appeal to the Commissioner” substitute “A complaint under the ombudsman scheme”;
b
for “addressed to him at 64 Chichester Street, Belfast,” substitute “sent to the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR,”; and
c
for “the appeal is made” substitute “the complaint is made”.
6
In regulation 7 —
a
for “on appeal being duly made” substitute “on a complaint being duly made”;
b
for “the Commissioner” substitute “the ombudsman”;
c
for “he may make an order requiring” substitute “he make direct”; and
d
for “the appellant” substitute “the complainant”.
7
In regulation 8 —
a
in paragraph (1)(a) for “a right to appeal to the Commissioner” substitute “a right to make a complaint under the ombudsman scheme”;
b
in paragraph (1)(b) for “appeal” substitute “complaint”; and
c
for paragraph (2), substitute —
2
For the purpose of the preceding paragraph an application or complaint shall be deemed to be pending where the application or complaint has been duly made and the applicant or complainant has not been notified in the form provided for by the Regulations of the decision of the company or society, or notified of the determination of the ombudsman.
.
8
In regulation 9 —
a
for the words from the beginning of the regulation to the end of paragraph (ii), substitute —
Where, in relation to any policy of assurance to which section 54 of the Act applies, the time for making an application to the company or society or for making a complaint under the ombudsman scheme has expired, the owner of the policy, or anyone on his behalf, may refer a complaint under the ombudsman scheme, and if it appears to the ombudsman that —
there were good reasons for the failure to make the application to the company or society or to make the complaint under the ombudsman scheme within the required time and there has been no undue delay in referring a complaint under this regulation; and
if an application or a complaint had been made with the said time it would have been granted or determined in favour of the complainant,
;
b
for “he may make an order requiring” substitute “he may direct”;
c
for “appeal” substitute “complaint”; and
d
for “allowed” substitute “determined in favour of the complainant”.
9
In the Schedule to the Regulations, in Form A, B, C, D and E —
a
for “the Industrial Assurance Commissioner for Northern Ireland at 64 Chichester Street, Belfast” substitute “the Financial Ombudsman Service at South Quay Plaza, 183 Marsh Wall, London E14 9SR”; and
b
for “the Commissioner” substitute “the ombudsman scheme”.
The Banks (Administration Proceedings) Order (Northern Ireland) 1991( S.R. (NI) 1991/295 )
Application of Part III of the 1989 Order to former authorised institutions
62
1
The Banks (Administration Proceedings) Order (Northern Ireland) 1991 is amended as follows.
2
In Article 3 (application of the 1989 Order with modifications to banks) the words “authorised institutions and” and “within the meaning of the Banking Act 1987” are revoked.
3
In the sub-heading to the Schedule (modifications of Part III of the Insolvency (Northern Ireland) Order 1989 in relation to companies which are authorised or former authorised institutions under the Banking Act 1987) the words “authorised or” and “under the Banking Act 1987” are revoked.
4
In paragraph 2 of the Schedule, for “Article 21(4)” substitute “Article 21(5)”.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
12th June 2002


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


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (South Africa) Order 2002.
2
It is hereby declared —
a
that the arrangements specified in the Convention set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule have been made with the Government of the Republic of South Africa with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of the Republic of South Africa;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of the Republic of South Africa concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 7) Order 2002.
2
In this Order “the 2001 Act ” means the Criminal Justice and Police Act 2001.
2
The following provisions of the 2001 Act shall come into force on 12th August 2002 —
a
section 1 (offences leading to penalties on the spot), in so far as not already in force; and
b
section 2 and sections 4 to 11 (penalty notices and penalties, procedure and interpretation).
3
Section 127 (Pensions for ACPO staff) of the 2001 Act shall come into force on 1st September 2002.
Charles Falconer
Minister of State
Home Office
2nd August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Hertfordshire 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 Hertfordshire Health Authority ;
“the new Trust” means the South East Hertfordshire Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the new Trust on 22nd November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Care Standards Commission (Fees and Frequency of Inspections) Amendment (No. 3) Regulations 2002 and shall come into force on 1st January 2003.
2
These Regulations apply to England only.
Amendment of the National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001
2
1
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), in the definition of “new provider”, in paragraph (a) for “1st January 2003” substitute “1st April 2003”.
3
In regulation 3(3)(a) (registration fees), for “1st January 2003” substitute “1st April 2003”.
4
In regulation 5 (annual fees) —
a
in paragraph (1), for the words “Subject to paragraphs (2) to (5)”, substitute “Subject to paragraphs (2) to (6)”;
b
in the entry in the Table entitled “(k) Nurses agency”, for head (a) of column (5) substitute —
a
in the case of an existing provider —
i
where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002, on the date on or after 1st April 2003 on which the certificate is issued; or
ii
where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st January 2003, on the anniversary first occurring on or after 1st April 2003 of the date on which the licence was granted
;
c
after paragraph (5) add —
6
In the case of an existing provider whose licence (“the licence”) continued to be treated as valid after 31st December 2002 by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No. 2) (England) Order 2002 , the annual fee for 2003 shall be £622 payable —
a
in a case where the licence was granted to the provider by the local authority between 1st January 2001 and 31st March 2001, on the date on or after 1st April 2003 on which the certificate is issued; and
b
in a case where the licence was granted to the provider by the local authority between 1st April 2001 and 31st December 2001, in the following instalments of —
i
£122, on the date on or after 1st April 2003 on which the certificate is issued; and
ii
£500, on the anniversary first occurring on or after 1st April 2003 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid.
.
5
In regulation 6(5) (frequency of inspections), omit the words “except that, for the purposes of paragraph (1)(g) and (h), the first 12 month period shall be treated as commencing on 1st January 2003 and ending on 31st March 2004.”.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State
Department of Health
21st December 2002


text:
Citation, Commencement and Interpretation
1
1
These regulations may be cited as the Education Act 2002 (Modification of Provisions) (No. 2) (England) Regulations 2002 and shall come into force in respect of regulations 1 and 6 on 23rd December 2002 and in respect of regulations 2 to 5 on 20th January 2003.
2
In these Regulations —
“the 1996 Act ” means the School Inspections Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002.
Modification of Schedule 1 to the Education Act 1996
2
1
In paragraph 6(1) of Schedule 1 to the Education Act 1996 , for “section 351(1)” there is substituted “section 78(1) or 99(1) of the Education Act 2002”.
2
Paragraph 7 of Schedule 1 to the Education Act 1996 is repealed.
Modification of section 113 (3E) of the Police Act 1997
3
In paragraph (c) of section 113(3E) of the Police Act 1997 , for the words from “for child minding” until “that Act”, there is substituted —
“for child minding or providing day care under section 71 of the Children Act 1989”.
Modification of section 98 of the 1998 Act
4
In section 98(6) and (8) of the 1998 Act for “92(3) to (6)” there is substituted “92(c) and (d)”.
Temporary modification of section 52 of the 2002 Act
5
Prior to section 52 (11) of the 2002 Act coming into force in relation to England, references in section 52 of that Act to a maintained school are references to a maintained school as defined by section 20(7) of the 1998 Act.
Saving in relation to paragraph 5 of Schedule 14 to the 2002 Act
6
1
Despite the coming into force of paragraph 5 of Schedule 14 to the 2002 Act, prior to the coming into force of regulations made under section 9(2)(ca) of the Protection of Children Act 1999 (“the regulations”), an appeal against a decision of Her Majesty’s Chief Inspector of Schools in England under paragraph 10(1) of Schedule 26 to the 1998 Act shall be made to a tribunal with the same constitution as a tribunal to hear an appeal under section 9 of the 1996 Act.
2
The coming into force of the regulations shall not affect appeals made under paragraph 10(1) of Schedule 26 to the 1998 Act before the date on which the regulations come into force.
3
Paragraph 2 (procedure) and paragraph 3 (staff) of Schedule 2 to the 1996 Act apply to tribunals to hear appeals under paragraph 10(1) of Schedule 26 to the 1998 Act as they apply to tribunals to hear appeals under section 9 of the 1996 Act.
David Miliband
Minister of State,
Department for Education and Skills
26th November 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment (No. 2) Regulations 2002 and shall come into force on 21st May 2002.
2
In these Regulations “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
3
These regulations extend to England only.
Amendment of regulation 4 of the principal Regulations
2
In paragraph (1)(a) of regulation 4 of the principal Regulations (supply of drugs and appliances by doctors) for “£6.10” there shall be substituted “£6.20”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
20th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastbourne Downs Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the Eastbourne Downs Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Eastbourne Downs Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation and commencement
1
The Order may be cited as the Regulation of Investigatory Powers (Interception of Communications: Code of Practice) Order 2002 and shall come into force on 1st July 2002.
Interception of Communications Code of Practice
2
The draft code of practice entitled “Interception of Communications”, laid before each House of Parliament on 8th May 2002, relating to the interception of communications under Chapter I of Part I of the 2000 Act, shall come into force on 1st July 2002.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
28th June 2002


text:
1
This Order may be cited as the Carriers' Liability (Clandestine Entrants) (Level of Penalty: Code of Practice) Order 2002 and shall come into force on 8th December 2002.
2
The code of practice entitled “Immigration and Asylum Act 1999: Level of Penalty: Code of Practice”, laid in draft before Parliament on 14th November 2002 and which specifies matters to be considered in determining the amount of a penalty under section 32 of the 1999 Act, shall come into operation on 8th December 2002.
Filkin
Parliamentary Under-Secretary of State
Home Office
15th November 2002