text:
Citation and commencement
1
These Regulations may be cited as the Notification of New Substances (Amendment) Regulations 2002 and shall come into force on 17th September 2002.
Interpretation
2
In these Regulations “the principal Regulations ” means the Notification of New Substances Regulations 1993 .
Amendment of the principal Regulations
3
1
In Part A of Schedule 2 to the principal Regulations —
a
before section 0 there shall be added the following —
“For intermediates with limited exposure the provisions under section 7 apply”; and
at the end, there shall be added the following —
7
REDUCED TEST PACKAGE FOR INTERMEDIATES AT QUANTITIES ≥ 1 TONNE/ANNUM
7.1
Definitions
“intermediate” is a chemical substance that is solely manufactured for and consumed in or used for chemical processing in order to be transformed into another chemical substance(s).
“emission” concerns the release of a substance from a system, for example when a system is breached. To guarantee a maximum level of protection for workers and the environment minimisation of emission through rigorous containment of the process must therefore be the primary aim.
“exposure” is concerned with what happens to a substance after it has been emitted, whether this is into the wider environment or whether the substance can be potentially inhaled or come into contact with the skin of a member of the workforce. If emissions can be anticipated to occur, rigorous exposure control must be achieved by appropriate techniques, noting the need to adopt the precautionary principle in that physicochemical, toxicological or ecotoxicological properties which had not been tested shall be assumed as being hazardous.
“integrated exhaust ventilation system” is an exhaust ventilation system of closed type which is used in combination with locks, enclosures, housings, containers etc. in order to restrict the chemical agents to the inner part of the closed functional unit. Process-related openings must be as small as possible.
The power of extraction and the air ducting must be designed so that there is sufficient under-pressure within the extraction unit to ensure that all of the gases, vapours and/or dusts that occur are fully captured and carried away. Back-flow of the extracted hazardous substances into the working area must be prevented.
This means that hazardous substances are prevented from escaping from the closed functional unit into the working area.
“highly effective exhaust ventilation” is an exhaust ventilation system of open and semi-open type which is dimensioned in such a way that chemical agents remain within the catchment area. This means that the occurrence of chemical agents in the workplace atmosphere can practically be excluded.
“effective exhaust ventilation system” is an exhaust ventilation system of open and semi-open type which is dimensioned in such a way that chemical agents remain within the catchment area, ie, the occurrence of chemical agents in the workplace atmosphere can be largely excluded or proof of adherence to the limit value is furnished.
“other exhaust ventilation system” is an exhaust ventilation system of open and semi-open type which is dimensioned in such a way that the occurrence of chemical agents in the workplace atmosphere cannot be excluded.
“low-emission forms of use” are, for example:
expendable packaging, ie, the hazardous substance is enclosed in appropriate packaging and, without opening the packaging, is introduced into a reaction system together with this packaging.
change in consistency, ie, the substance is used, for example, in the form of a paste or a granulate instead of in powder form.
master batch; this means that the hazardous substance is surrounded by a plastic matrix which prevents direct contact with the hazardous substance.
The plastic matrix itself is not a hazardous substance. Abrasion of the plastic matrix and therefore of the hazardous substance is, however, possible.
“emission-free forms of use” are, for example, master batches without abrasion, ie, the plastic matrix is so resistant to abrasion that no hazardous substance can be released.
“technically leakproof” is applied to a sub-unit if a leak is not discernible during testing, monitoring or checking for leakproofness, eg, using foaming agents or leak searching/indicating equipment performed for the particular use. Systems, sub-systems and functional elements are technically leakproof if the rate of leakage is <0.00001 mbar/l/s.
7.2
For intermediates, the notifier may request the competent authority to grant permission to apply a reduced test package ( RTP ). This RTP represents a minimum data set designed to produce a first preliminary risk assessment for any chemical intermediate to be placed on the market. Any additional test results might be required, in accordance with article 16.1 of the Directive, based on the outcome of the risk assessment.
Conditions for the application of a reduced test package
7.3
The notifier must demonstrate to the satisfaction of the competent authority where the substance is notified that the following conditions are fulfilled:
a
the substance is solely manufactured for and consumed in or used for chemical processing. Monomers are excluded. When processed the substance is transformed into chemically different molecules, not being polymers.
b
the substance is restricted to a maximum number of 2 users' sites. For example, it may be manufactured by one company and then transported to 1 or 2 others for processing. Note that if supply is intended to progress to more than 2 users' sites, the conditions for a RTP are no longer met and the dossier must be upgraded to the appropriate level.
c
the supply to the enterprise which uses the intermediate for further processing must be directly from the notifier and not through an intermediate supplier.
d
the substance must be rigorously contained by technical means during its whole lifecycle. This includes production, transportation, purification, cleaning and maintenance, sampling, analysis, loading and unloading of equipment/vessels, waste disposal/purification and storage. In general, an appropriate process would have all functional elements of the plant such as filling ports, emptying equipment etc. either of a closed construction type with assured leakproofness or of a closed construction type with integrated exhaust ventilation.
e
where there is the potential for exposure, procedural and control technologies must be used which minimise emission and the resulting exposure.
f
in case of cleaning and maintenance works special procedures such as purging and washing must be applied before the system is opened or entered.
g
transport operations will be in compliance with the requirements of the Carriage of Dangerous Goods by Road Regulations 1996 .
h
in case of accident and where waste is generated following purification or cleaning and maintenance procedures, environmental exposure may occur. In either case, procedural and/or control technologies are used which minimise emissions and the resulting exposures.
i
a management system must exist which identifies the roles of the individuals in the organisation.
j
the packaging of the substance will be labelled according to the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 and additionally with the following sentence: “Caution — substance not yet fully tested”.
k
the notifier must operate a system of product stewardship and must monitor the users (a maximum of 2) to ensure compliance with the conditions listed above.
Technical dossier to be supplied for a reduced test package
7.4
A notifier requesting a RTP for a substance must supply the following technical dossier to the competent authority for all production and user sites:
a
a statement that the notifier and each user accepts the conditions listed in section 7.3.
b
a description of the technical measures by which rigorous containment of the substance is achieved including procedures for charging, sampling, transfer and cleaning. It is not necessary to provide details of the integrity of every seal or efficiency of integrated exhaust ventilation. However, whatever means are used to achieve rigorous containment of the process it is important that the information is available, if needed, to verify that the assertions made for achievement of control are true.
c
if the criteria for the assessment of closed systems during handling of chemical agents detailed in section 7.5 are not fulfilled, the notifier must submit exposure data based on representative monitoring data and/or reliable model calculations to enable the competent authority to make a decision whether to accept an RTP request or not.
d
a detailed description of the processes at all sites involved in production and use. In particular, it must be stated whether production and/or processing wastes are discharged to waste-water, liquid or solid waste is to be incinerated, and how the cleaning and maintenance of all equipment is made.
e
a detailed assessment of the possible emissions and possible exposure to man and the environment during the whole life cycle, including details of the various chemical reactions involved in the process and the ways in which residues are dealt with.
Where emissions may lead to exposure, the means by which these are controlled must be described in sufficient detail to enable the competent authority to make a decision whether to accept the statement or to calculate an emission rate according to the EU Technical Guidance Document.
f
changes which might affect exposure to man or the environment must be notified in advance, eg any change in the functional elements of the plant, new user or site.
g
The information prescribed for the RTP is the following:
Part B of this Schedule plus the following tests from this Part:
vapour pressure (3.4)
explosive properties (3.11)
self-ignition temperature (3.12)
oxidising properties (3.13)
granulometry (3.15)
acute toxicity for daphnia (5.1.2)
The notifier must also include other relevant information to enable the competent authority to make an informed decision and to enable proper controls to be put in place by the user at the intermediate processing site. For example, if supplementary physicochemical and/or toxicological information and/or information about the environmental behaviour is available this data must also be submitted. Additionally, the notifier must review the available toxicity and ecotoxicity data on substances having a close structural relationship to the notified substance. If relevant data are available, especially on chronic and reproductive toxicity and carcinogenicity, then a summary of these data must be provided.
identities of the notifier, producer and the user(s).
Criteria for the assessment of closed systems during the handling of chemical agents
7.5
Use
7.5.1
An assessment index is used in the assessment of the plant. The assessment index classifies the handling of the substance and the resultant process-related exposure potential. The notifier shall examine the plant or plant unit in order to determine the assessment index. Each individual functional element must be assessed.
Systems are regarded as closed if the assessment of all the available functional elements corresponds to the assessment index 0.5 and if only functional elements are involved which are of closed type with assured leakproofness and/or equipped with integrated exhaust ventilation. In addition, direct skin contact must be excluded.
In the collection of examples in Table 1 in Annex VIIA of the Directive relevant functional elements are indicated by 0.5 in bold type.
Functional elements of partially open type with highly effective exhaust ventilation (also indicated by the assessment index 0.5, but in normal type) are not regarded as closed according to the meaning of this rule.
In the case of functional elements assigned the assessment index 1, the safe adherence to the limit value on a permanent basis is not always assured/ Such functional elements are:
1 — closed type, leakproofness not assured 1 — partially open type with effective exhaust ventilation
In the case of functional elements assigned the assessment indices 2 and 4 adherence to the limit values is not always assured. Such functional elements are:
2 — of a partially open type, opening as intended with simple exhaust ventilation 2 — open with simple exhaust ventilation 4 — open type or partially open type 4 — natural ventilation
The catalogue of examples in Table 1 of Annex VIIA to the Directive facilitates classification of the functional elements. Functional elements which are not included in the collection of examples can be classified by means of conclusions drawn by analogy. The plant or plant unit is then classified using the index value of the functional element which has received the highest assessment index.
Checking
7.5.2
Use of this criterion requires adherence to the process parameters which have been laid down as well as performance of the checks cited in the collection of examples (eg inspection and maintenance).
Application of a reduced test package
7.6
If the competent authority accepts the notifier’s application for a RTP, information from the tests and/or studies set out in section 7.4 shall be required for the technical dossier referred to in article 7 of the Directive. Note that for quantities below 1 tonne/annum the usual testing requirements in Parts B and C of this Schedule apply.
.
2
For Schedule 3 to the principal Regulations, there shall be inserted the following Schedule —
SCHEDULE 3
(This Schedule substantially reproduces Annex VIII to the Directive)
Regulation 5
ADDITIONAL INFORMATION AND TESTS REQUIRED UNDER REGULATION 5
Tests under this Part shall be according to methods recognized and recommended by the competent international bodies where such recommendations exist.
If it is not technically possible or if it does not appear scientifically necessary to give information, the reasons shall be clearly stated and be subject to acceptance by the competent authority.
The name of the body or bodies responsible for carrying out the studies shall be indicated.
LEVEL 1
Where, in accordance with the provisions of Part A of Schedule 2 related to intermediates, the relevant competent authority has authorised the application of a reduced test package to a chemical substance, the requirements of this section shall be reduced as follows.
When the quantity of the substance placed on the market reaches 10 tonnes per year per manufacturer or when the total quantity of the substance placed on the market reaches 50 tonnes per manufacturer; in this case the relevant competent authority shall require all those tests and studies laid down in sections 3 to 6 of Part A of Schedule 2 (excepting those already performed); in addition, the relevant competent authority may require those Level l tests and studies related to aquatic organisms.
When the quantity of the substance placed on the market reaches 100 tonnes per year per manufacturer or when the total quantity of the substance placed on the market reaches 500 tonnes per manufacturer; in this case the relevant competent authority shall require the Level 1 tests or studies related to reproductive toxicity. The relevant competent authority may decide that the classification of the substance as an intermediate qualifying for a reduced test package constitutes a good reason why one or more tests or studies, except those related to reproductive toxicity, are not appropriate.
Physicochemical studies
Further studies on physicochemical properties are dependent upon the results of the studies laid down in Schedule 2. Such further studies could include for example the development of analytical methods which make it possible to observe and detect a substance or its transformation products and studies on thermal decomposition products.
Toxicological studies
Fertility studies (one species, one generation, male and female, most appropriate route of administration).
If there are equivocal findings in the first generation, study of a second generation is required.
Depending upon the dosing schedule it may be possible in this study to obtain an indication of teratogenicity. A positive indication should be examined in a formal teratology study.
Teratology study (one species, most appropriate route of administration).
This study is required if teratogenicity has not been examined in the fertility study.
Sub-chronic and/or chronic toxicity study, including special studies (one species, male and female, most appropriate route of administration) shall be required if the results of the repeated-dose study in Schedule 2 or other relevant information demonstrate the need for further appropriate investigation.
The effects which would indicate the need for such a study could include for example:
serious or irreversible lesions;
a very low or absence of a “no-effect” level;
a clear relationship in chemical structure between the substance being studied and other substances which have been proved dangerous.
Additional mutagenesis studies and/or screening study(ies) for carcinogenesis as prescribed in the testing strategy described in Annex V of the Directive.
When both tests in the base set are negative, further tests shall be conducted according to the specific properties and the proposed use of the substance.
When a test or both tests were positive in the base set, a supplementary study should include the same or different end points in other in vivo test methods.
Basic toxicokinetic information.
Ecotoxicity studies
Prolonged toxicity study with Daphnia magna (21 days).
Tests on higher plants.
Tests on earthworms.
Further toxicity studies with fish.
Tests for species accumulation: one species, preferably fish.
Supplementary degradation study(ies), if sufficient degradation has not been proved by the studies laid down in Schedule 2.
Further studies on absorption/desorption dependent upon the results of the investigations laid down in Schedule 2.
LEVEL 2
When the quantity of the substance placed on the market reaches 1,000 tonnes per year per manufacturer or when the total quantity of the substance placed on the market reaches 5,000 tonnes per manufacturer; additional studies mentioned in Level l or 2 would not normally be required. The relevant competent authority should however, consider additional tests and may require additional tests including the tests laid down in Levels 1 and 2 of this Schedule.
Toxicological studies
The test programme shall cover the following aspects unless there are strong reasons to the contrary, supported by evidence, that it should not be followed:
Chronic toxicity study.
Carcinogenicity study.
Fertility study (eg three-generation study): only if an effect on fertility has been established at level 1.
Developmental toxicity study on perinatal and postnatal effects.
Teratology study (species not employed in the respective level 1).
Additional toxicokinetic studies which cover biotransformation, pharmokinetics.
Additional tests to investigate organ or system toxicity.
Ecotoxicological studies
Additional tests for accumulation, degradation, mobility and absorption/desorption.
Further toxicity studies with fish.
Toxicity studies with birds.
Additional toxicity studies with other organisms.
.
Signed by authority of the Secretary of State
Ian McCartney
Minister of State,
Department for Work and Pensions
17th August 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Medical Services Supplementary List) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
Amendment of regulation 6(2)
2
In regulation 6(2) of the National Health Service (General Medical Services Supplementary List) Regulations 2001 (grounds for refusal), for sub-paragraph (d) substitute —
d
if it is not satisfied that he is suitably experienced within the meaning of section 31 unless he has an acquired right under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 ;
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
26th March 2002


text:
Title and commencement
1
This Order may be cited as the Poultry Breeding Flocks, Hatcheries and Animal By-Products (Fees) (England) Order 2002, shall extend to England and shall come into force on 1st January 2003.
Interpretation
2
In this Order —
“appropriate Order”, means the Poultry Breeding Flocks, Hatcheries Order 1993 or the Animal By-Products Order 1999 .
Fees
3
1
There shall be paid to the Secretary of State in respect of each activity described in column 1 of the Schedule to this Order the fee prescribed in column 2 of the Schedule:
a
in the case of the activities in paragraphs 4 and 5 of the Schedule, by the applicant applying for authorisation or the operator applying for approval under the appropriate Order, and
b
in any other case, by the person in whose name the holding or premises are registered or the operator approved under the appropriate Order,
such fee being payable within 14 days of demand by the Secretary of State.
Revocation
4
The Poultry Breeding Flocks, Hatcheries and Processed Animal Protein (Fees) Order 1993 shall be revoked.
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
11th November 2002
We approve
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Plastic Materials and Articles in Contact with Food (Amendment) (England) (No. 2) Regulations 2002, shall extend to England only and shall come into force on 28th February 2003.
Amendments to the Plastic Materials and Articles in Contact with Food Regulations 1998
2
The Plastic Materials and Articles in Contact with Food Regulations 1998 (“the principal Regulations”) shall be amended, in so far as they extend to England, in accordance with regulations 3 to 6.
3
In regulation 10 (offences), immediately after paragraph (20) there shall be added the following paragraphs —
21
In any proceedings for an offence under these Regulations, it shall be a defence to prove that —
a
the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2004 and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by the provisions specified in paragraph (22) had not been in force at the time that matter occurred; or
b
the act constituting the offence was committed in relation to a plastic material or article which was manufactured or imported into the European Community before 1st March 2003, and the matter constituting the offence would not have constituted an offence under these Regulations if the amendments made to them by regulation 4(a)(i) and (b) (in so far as they relate to the monomer divinylbenzene) and 6 of the Plastic Materials and Articles in Contact with Food (Amendment) (England) (No. 2) Regulations 2002 had not been in force at the time that matter occurred.
22
The provisions referred to in paragraph (21)(a) of this regulation are the provisions of the Plastic Materials and Articles in Contact with Food (Amendment) (England) (No. 2) Regulations 2002, except in so far as they relate to the monomer divinylbenzene.
.
4
In Schedule 1 (monomers authorised without time limit, monomers authorised up to the end of 2001, monomers authorised up to the end of 1998 and supplementary) —
a
in Section A of Part I —
i
in the case of each monomer listed in Part I of Schedule 1 to these Regulations, the item number, PM/REF No, CAS No, name and restriction or specification specified for that monomer in that Part shall be inserted in the appropriate numerical position for that item number,
ii
in the case of each monomer named in the second column of Part II of Schedule 1 to these Regulations, for the item number for that monomer specified opposite to it in the column headed “Item” there shall be substituted the item number for it specified in the first column (item) of that Part,
iii
in the case of the monomer Bis (4-isocyanatocyclohexyl) methane (item 43), for the entry for that monomer specified in column 1 (PM/REF/No) there shall be substituted the entry “13560”, and
iv
in the case of each monomer named in the first column of Part III of Schedule 1 to these Regulations, for the entry for that monomer specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part;
b
in Section B of Part I, all the entries for the monomers named in Part IV of Schedule 1 to these Regulations shall be deleted; and
c
in Part II, at the end of paragraph 4 there shall be inserted the following provisions —
22
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/ Nos. 13620, 36840, 40320 and 87040.
23
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.
24
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.
25
QM(T) in this case means that the restriction shall not be exceeded by the sum of the residual quantities of the substances having PM/REF/Nos. 14950, 15700, 16240, 16570, 16600, 16630, 18640, 19110, 22332, 22420, 22570, 25210, 25240 and 25270.
.
5
In Schedule 2 (additives and supplementary) —
a
in Part I —
i
in the case of each additive listed in Part I of Schedule 2 to these Regulations, the item number, PM/REF No, CAS No, name and restriction or specification specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number,
ii
in the case of the additive Bis (polyethyleneglycol) hydroxymethylphosphonate, there shall be inserted in column 2 (CAS No) the entry “68951 - 50 - 8”, and
iii
in the case of the additive named in the first column of Part II of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part; and
b
in Part II —
i
in the case of each additive listed in Part III of Schedule 2 to these Regulations, the item number, PM/REF/No, CAS No, name and restriction or specification specified for that additive in that Part shall be inserted in the appropriate numerical position for that item number, and
ii
in the case of each additive named in the first column of Part IV of Schedule 2 to these Regulations, for the entry for that additive specified opposite to it in column 4 (restrictions and specifications) there shall be substituted the entry for it specified in the second column (restrictions and specifications) of that Part; and
c
in Part III —
i
in note (11) of paragraph 4, after the figure “36800” there shall be inserted the figure “, 36840”, and
ii
at the end of that paragraph there shall be added the following provisions —
22
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13620, 36840, 40320 and 87040.
23
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 13720 and 40580.
24
SML(T) in this case means that the restriction shall not be exceeded by the sum of the migration levels of the substances having PM/REF/Nos. 16650 and 51570.
.
6
In Schedule 2B (specifications) in the case of the substance specified in Schedule 3 to these Regulations, the item number, PM/REF No and specification set out for that substance in that Schedule shall be inserted in the appropriate numerical position for that item number and letter.
Amendment to the Food Safety (Sampling and Qualifications) Regulations 1990
7
In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990 (provisions to which those Regulations do not apply) the reference in the second column, opposite the entry in the first column relating to the Plastic Materials and Articles in Contact with Food Regulations 1998, shall be amended in relation to England so as to read “ S.I. 1998/1376 as amended by S.I. 2000/3162 , S.I. 2002/2364 and S.I. 2002/ ”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
4th December 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Forest of Dean (Electoral Changes) (Amendment) Order 2002.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2001 Order
2
1
The District of Forest of Dean (Electoral Changes) Order 2001 shall be amended as follows.
2
In article 1(3) for the words from “any reference to” to “Order 2001” there shall be substituted “any reference to “the map” is a reference to the map prepared by the Department for Transport, Local Government and the Regions marked “Revised (2002) Map of the District of Forest of Dean (Electoral Changes) Order 2001””.
Alan Whitehead
Parliamentary Under-Secretary of State
Department for Transport, Local Government and the Regions
26th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southampton Community Health Services National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Southampton Community Health Services National Health Service Trust ;
“the new Trusts” means the Southampton University Hospitals National Health Service Trust , the New Forest Primary Care Trust and the West Hampshire National Health Service Trust ;
“the trust property” means the property specified in the four schedules of trust property more specifically described in paragraphs (1), (2) and (3) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the two schedules of trust property prepared and agreed upon by the old Trust and the Southampton University Hospitals National Health Service Trust and signed on behalf of the old Trust on 28th September 2001 and 19th November 2001 and on behalf of the Southampton University Hospitals National Health Service Trust on 16th October 2001 and on 22nd November 2001 and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Southampton University Hospitals National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the New Forest Primary Care Trust and signed on behalf of the old Trust on 28th September 2001 and on behalf of the New Forest Primary Care Trust on 29th October 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the New Forest Primary Care Trust.
3
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the West Hampshire National Health Service Trust and signed on behalf of the old Trust on 28th September 2001 and on behalf of the West Hampshire National Health Service Trust on 29th October 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the West Hampshire National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) (No. 2) Regulations 2002 and shall come into force on 11th November 2002.
Amendment of regulation 10(2) of the Asylum Support Regulations 2000
2
In the Table in regulation 10(2) of the Asylum Support Regulations 2000 (kind and levels of support for essential living needs), in the second column, opposite the entry in the first column relating to a person aged under 16, for the amount “£33.50” there shall be substituted the amount “£37.00”.
Revocation of the Asylum Support (Amendment) Regulations 2000
3
The Asylum Support (Amendment) Regulations 2000 are hereby revoked.
Beverley Hughes
Minister of State
Home Office
16th October 2002


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Aggregates Levy (General) Regulations 2002 and come into force on 1st April 2002.
General interpretation
2
In these Regulations except where the context requires otherwise —
“the Act” refers to sections 16 to 49 of and Schedules 4 to 10 to the Finance Act 2001 and any reference to a section of, Schedule to or paragraph of a Schedule to the Act refers to the appropriate section of, Schedule to or paragraph of a Schedule to that Act;
“aggregate” has the meaning given in section 17(1) of the Act;
“ AL ” refers to aggregates levy;
“commercial exploitation” and “commercially exploited” are to be construed in accordance with section 19 of the Act;
“disposed of to landfill” is to be interpreted in accordance with sections 65 and 70(2) of the Finance Act 1996 ;
“exempt aggregate” means aggregate which is not taxable aggregate;
“exempt process” has the meaning given in section 18(2) of the Act;
“originating site” has the meaning given in section 20(1) of the Act;
“Part”, “regulation” or “regulations” refers to the appropriate Part, regulation or regulations of these Regulations;
“published notice” refers to a notice published by the Commissioners and not withdrawn or replaced by a further notice;
“registrable person” refers to a person who is registered or required to be registered under section 24 of and Schedule 4 to the Act other than a person who is exempt from the requirement of registration under regulations made under section 24(4) of the Act;
“Schedule” refers to the Schedule to these Regulations;
“taxable aggregate” is to be construed in accordance with section 17 of the Act;
“working day” excludes Saturday, Sunday and any bank or public holiday.
PART II
WEIGHT OF AGGREGATE
Determination of the weight of aggregate
3
1
Subject to regulation 4, the weight of any quantity of aggregate shall be determined by the use of a weighbridge at a site covered by section 19(2) of the Act.
2
The terms and conditions attached to the use of a weighbridge shall be stipulated by the Commissioners in a published notice and shall include provisions relating to the records to be kept and the discounting of constituents (such as water).
3
Where this regulation applies, the weight of any quantity of aggregate is to be determined at the time when it is first subjected to commercial exploitation.
4
1
Where the use of a weighbridge is not practicable, the weight of any quantity of aggregate is to be determined in accordance with a method approved by the Commissioners (“approved method”).
2
Any such approval shall be in writing, shall be subject to such terms and conditions as the Commissioners may specify, including (but not limited to) the records to be kept, the time at which the weight of any quantity of aggregate is to be determined and the discounting of constituents (such as water).
3
Where it appears to the Commissioners that an approved method is not being applied correctly or that it produces an inaccurate result, they may direct that it shall no longer have effect.
4
In the absence of an approved method, the Commissioners may prescribe the method to be used.
5
Any direction made or method prescribed under this regulation shall be in writing and shall take effect from a specified date.
PART III
ACCOUNTING, PAYMENT, RECORDS, TAX CREDITS, REPAYMENTS, SET-OFF, ETC.
Accounting periods
5
1
A registrable person shall be subject to accounting periods.
2
In the case of a registered person, these shall be each three month period ending on the dates notified to him at any time by the Commissioners for this purpose.
3
In the case of any other registrable person, these shall be each three month period ending on 31 March, 30 June, 30 September or 31 December.
4
However, in such cases and subject to such conditions as may be stipulated by the Commissioners in a published notice, the Commissioners may vary the start, end and length of any accounting period.
Returns
6
1
A registrable person is obliged to make a return to the Commissioners covering each of his accounting periods.
2
The registrable person is obliged to make that return no later than the last working day of the month immediately following the end of the period to which it relates.
3
In the case of an accounting period that does not end on the last day of a month, the registrable person is obliged to make that return no later than the due day directed by the Commissioners.
4
The Commissioners may allow the registrable person extra time in which to make that return.
5
The registrable person must make that return in a form that is prescribed by the Commissioners in a published notice (“prescribed form”).
6
Subject to his possession of an approved digital certificate, the registrable person may make that return in a prescribed form using an electronic version of the return.
7
The registrable person must make that return by securing that it is delivered either to the address prescribed by the Commissioners in a published notice or to any other address that they may direct or allow.
8
In this regulation —
“approved digital certificate” means a digital certificate which is accepted by the Commissioners as identifying a person for the purpose of their authorisation of his use of an electronic communication in respect of an assigned matter;
“assigned matter” has the meaning given in section 1(1) of the Customs and Excise Management Act 1979 ;
“delivered” is to be construed according to the context so as to cover delivery by post and by means of an electronic communication as appropriate;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;
“electronic version” means the version which is submitted by means of an electronic communication.
Content of returns
7
1
The registrable person must declare in the return the AL due from him for the relevant accounting period, taking into consideration —
a
the AL due on the commercial exploitation of taxable aggregate —
i
the time of which falls in that accounting period, and
ii
for which he is liable to account; and,
b
any authorised or required adjustment or any correction of errors (see regulations 15(4), 18(3), 28 and 29).
2
The registrable person must provide in the return accurate information about every matter that the prescribed form requires.
3
The registrable person must sign, date and declare on the document forming his return that the information provided in it is true and complete.
4
The registrable person must comply with paragraphs (1), (2) and (3) above in the manner prescribed by the Commissioners in a published notice.
5
In this regulation, “sign” is to be construed according to the context so as to cover signatures in writing and signatures in electronic form as appropriate.
Payment
8
1
A registrable person must pay to the Commissioners the amount of AL due from him for a given accounting period no later than the due date for the return for that period (see regulations 6(2), 6(3) and 6(4)).
2
The registrable person must make that payment by securing that it is delivered either to the address or bank account prescribed by the Commissioners in a published notice or to any other address or bank account that they may direct or allow.
3
The Commissioners may allow a registrable person who has made arrangements with them for the payment of any amount of AL due from him by means of direct debit an extra 7 days in which the payment may be made.
4
The Commissioners shall only act pursuant to paragraph (3) above in accordance with such conditions as they shall stipulate in a published notice.
Records
9
1
A registrable person is obliged to keep a record to be known as the “aggregates levy account” (periodic summary of AL due).
2
A registrable person who makes a claim under regulations 12 and 15(1) (tax credits in respect of bad debts) is obliged to keep a record to be known as the “aggregates levy bad debts account”.
3
A registrable person who makes a claim under regulations 13 and 15(1) (other tax credits) is obliged to keep a record to be known as the “aggregates levy tax credits account”.
4
A record within this regulation must be kept in the manner stipulated in a published notice.
10
A registrable person is obliged to keep the following records —
a
his business and accounting records;
b
his stock record;
c
copies of all invoices issued by him;
d
all invoices received by him;
e
copies of all credit and debit notes or similar documents issued by him;
f
all credit and debit notes or similar documents received by him;
g
documentary evidence (including the workings and all relevant background documents) to explain and support any calculation of the weight of —
i
taxable aggregate which has been subject to commercial exploitation; and
ii
exempt aggregate;
h
documentary evidence regarding the adjustment of an entry concerning the amount of AL for which he is liable to account;
i
documentary evidence regarding any claim by him for a tax credit under regulation 12 (bad debts) including, as appropriate, evidence of insolvency or liquidation and, in each case, regarding any relevant surrounding circumstances;
j
documentary evidence regarding any claim by him for a tax credit under regulation 13 (other tax credits) including, as appropriate, evidence of export and end use and, in each case, regarding any relevant surrounding circumstances;
k
documentary evidence regarding amounts of aggregate which have been dumped or disposed of to landfill;
l
a record of the information he relies on in making each return pursuant to regulation 7;
m
any other record that may be directed by the Commissioners or stipulated in a published notice.
11
1
Subject to paragraph (2) below, a registrable person is required to preserve any record required by regulation 9 or 10 for a period of six years.
2
The Commissioners may direct that any such record need only be preserved for such lesser period as they specify.
3
For the purposes of paragraph (1) above, a record within regulation 9 need only be preserved in relation to events taking place not more than six years earlier.
Bad debts: entitlement to tax credit
12
1
Paragraph (3) below applies where —
a
a person has commercially exploited taxable aggregate within the meaning of section 19(1)(a) or (b) of the Act (“relevant commercial exploitation”) and has accounted for and paid the AL chargeable in respect of that relevant commercial exploitation;
b
that person has made a charge to a third party (“the customer”) in respect of that relevant commercial exploitation;
c
that person and the customer are not connected;
d
the whole or any part of the consideration which represents the charge for that relevant exploitation (“the consideration ”) has been written off in his accounts as a bad debt; and
e
the customer has become insolvent or gone into liquidation.
2
Any question whether a person is connected with another for the purposes of paragraph (1) above shall be determined in accordance with section 839 of the Income and Corporation Taxes Act 1988 .
3
Subject to paragraph (4) below, the person shall be entitled to a tax credit in respect of the amount of AL accounted for and paid by him in respect of the outstanding amount (subject to the provisions of this Part including those provisions relating to the making of a relevant claim to the Commissioners).
4
Where the charge made for the relevant commercial exploitation in question is less than twice the amount of AL accounted for and paid by a person in respect of that relevant commercial exploitation, the amount of the tax credit which he can claim under paragraph (3) above shall be restricted to half the outstanding amount.
5
In this regulation and regulation 18 —
“claim” refers to a claim in accordance with regulation 15 or 16 and “claimant” shall be construed accordingly;
“the outstanding amount” refers to —
if at the time of the claim no part of the consideration written off in the claimant’s accounts as a bad debt has been received, an amount equal to the amount of the consideration so written off;
if at that time any part of the consideration so written off has been received, an amount by which that part is exceeded by the amount of the consideration written off.
6
In paragraph (5) above, “received” refers to receipt either by the claimant or by a person to whom a right to receive the whole or any part of the consideration written off has been assigned.
7
Accordingly, subject to paragraph (4) above, the tax credit arising under this regulation shall be of an amount equal to such proportion of the AL accounted for and paid in respect of the relevant commercial exploitation as the outstanding amount forms of the total consideration.
8
The whole or any part of the consideration shall be taken to have been written off as a bad debt when an entry is made in relation to that supply in the claimant’s aggregates levy bad debts account (see regulation 9(2)).
9
Where the claimant owes an amount of money to the customer which can be set off, the amount of the consideration written off in the accounts shall be reduced by the amount so owed.
10
Where the claimant holds in relation to the customer an enforceable security, the amount of the consideration written off in the claimant’s accounts shall be reduced by the value of that security.
11
In paragraph (10) above, “security” refers to —
a
in England, Wales or Northern Ireland, any mortgage, charge, lien or other security;
b
in Scotland, any security (whether heritable or moveable), any floating charge and right of lien or preference and right of retention (other than a right of compensation or set-off).
Other tax credits: entitlement
13
1
This regulation applies to a person who has commercially exploited taxable aggregate and who has accounted for the AL chargeable on that commercial exploitation.
2
Such a person is entitled to a tax credit in respect of any AL accounted for in respect of that commercial exploitation where the taxable aggregate in question —
a
is exported or removed from the United Kingdom without further processing;
b
is used in an exempt process;
c
is used in any of the industrial or agricultural processes listed in the Schedule;
d
is disposed of (by dumping or otherwise) in any of the following ways:
i
it is returned without further processing to its originating site or any site which is not its originating site but is registered under the same name;
ii
it is disposed of to landfill;
iii
it is gravel or sand and is used for beach restoration purposes at a site which is not its originating site.
3
This regulation is subject to the provisions of this Part including those provisions relating to the making of a relevant claim to the Commissioners and the keeping of records including any records that are directed by the Commissioners or stipulated in a published notice.
4
For the purposes of subsection (6) of section 17 of the Act, all the processes listed in the Schedule are prescribed for the purposes of that subsection.
Tax credits: general
14
A tax credit shall only arise under regulation 12 or 13 if a claim is made by a person so entitled acting in accordance with regulation 15 or 16, as the case requires.
15
1
Subject to paragraph (6) below, a person shall claim any such tax credit by bringing it into account when he is accounting for AL due from him for any accounting period.
2
Subject to paragraph (3) below, a person shall not be entitled to make such a claim unless he is in possession of the records required by paragraphs (i), (j) and (k) of regulation 10 as appropriate.
3
In the case of a claim for a tax credit under regulation 13(2)(a) (export or removal from the United Kingdom), a person shall be entitled to make such a claim in accordance with paragraph (1) above despite the fact that he is not in possession of the records required by paragraph (j) of regulation 10 provided that he obtains such records within three months of his making such a claim. If not, he shall make the appropriate adjustment to cancel the tax credit claimed in his next AL return. Any further claim will be subject to paragraphs (1) and (2) above.
4
Accordingly —
a
the requirements of regulation 7 (content of returns), regulation 8 (payment) and regulation 9 (accounts) apply subject to paragraph (1) above; but
b
paragraph (1) above applies subject to regulation 28 (corrections) and regulation 29 (corrections of errors not exceeding £2,000).
5
A claim subject to paragraphs (1) to (4) above shall be regarded as a claim for repayment of AL for the purposes of section 32 of the Act (supplemental provisions about repayments, etc ) (and see paragraph (7) below).
6
Where the total tax credit claimed by a person exceeds the total of the AL due from him for the accounting period in question, the Commissioners shall repay to him an amount equal to the excess (but see regulations 30 and 31).
7
Given the provision made by section 30(5) of the Act, this regulation has effect subject to section 32 of the Act (application of supplemental provisions about repayments: three year time limit, unjust enrichment etc).
16
1
Where the Commissioners have cancelled the registration of a person in accordance with paragraph 4 of Schedule 4 to the Act, and he is not a registrable person, the Commissioners shall repay to him the amount of any tax credit if they are satisfied that he has made a proper claim to them in writing for this purpose.
2
A claim under paragraph (1) above may be combined with a claim under regulation 15(1) if appropriate.
3
A person making a claim under paragraph (1) above must furnish to the Commissioners full particulars in relation to the tax credit claimed including (but not restricted to) —
a
the return in which the relevant AL was accounted for;
b
the amount of the AL in question and the date and manner of its payment to the Commissioners;
c
the events by virtue of which the bad debt or other entitlement to a tax credit arose; and
d
any supporting documentary or other evidence.
4
Where the Commissioners are satisfied that a person who has made a claim in accordance with paragraphs (1) and (3) above is entitled to a tax credit and that he has not previously had the benefit of that credit, they shall repay to him an amount equal to the credit (but see regulations 30 and 31).
5
The Commissioners shall not be liable to make any repayment under this regulation unless and until the person has made all the returns which he was required to make (and see regulations 30 and 31).
6
Given the provision made by section 30(5) of the Act, this regulation has effect subject to section 32 of the Act (application of supplemental provisions about repayments: three year time limit, unjust enrichment etc).
Bad debts and other tax credits: supplementary provisions
17
1
Where —
a
a claimant in relation to regulation 12 has engaged in a relevant commercial exploitation of taxable aggregate,
b
there exist one or more other matters in respect of which the claimant is entitled to a debt owed by the customer (whether or not they involve further charges in respect of the relevant commercial exploitation of taxable aggregate), and
c
a payment has been received by the claimant from or on behalf of the customer,
the payment shall be attributed to the relevant commercial exploitation in respect of which the claim is made under regulation 12 (“the appropriate commercial exploitation”) and the other matters in accordance with the rules set out in paragraphs (3) and (5) below.
2
The debts arising in respect of the relevant commercial exploitation and the other matters are collectively referred to as debts in paragraphs (3) to (5) below.
3
The payment shall be attributed to the debt that arose earliest and, if not wholly attributable to that debt, to the other debts in the order of the dates on which they arose.
4
Attribution under paragraph (3) above shall not be made to the extent that the payment was allocated to a debt by the customer at the time of payment.
5
Where —
a
the earliest debt and the other debts to which the whole of the payment could be attributed arose on the same day, or
b
the debts to which the balance of the payment could be attributed in accordance with paragraph (3) above arose on the same day,
the payment shall be attributed to each remaining debt according to the proportion that the debt in question contributes to the total remaining debt.
18
1
Where a person —
a
has received the benefit of a tax credit provided for by regulation 12 (bad debts), and
b
a payment —
i
for the relevant commercial exploitation in question is subsequently received by him (or by a person to whom a right to receive the whole or any part of the consideration written off has been assigned), or
ii
is attributed to that relevant commercial exploitation by virtue of regulation 17,
that tax credit shall be withdrawn with effect from the time when sub-paragraph (b)(i) or (b)(ii) above is satisfied, as the case requires.
2
Where a person —
a
has received the benefit of a tax credit provided for by regulation 13 (tax credits other than bad debts), and
b
it subsequently transpires that any relevant requirement of this Part is not complied with,
that tax credit shall be withdrawn with effect from the time when he received that benefit.
3
Where a tax credit is withdrawn under this regulation —
a
the requirements of regulation 7 (content of returns), regulation 8 (payment) and regulation 9 (accounts) apply subject to this regulation; but
b
this regulation applies subject to regulation 28 (corrections) and regulation 29 (corrections of errors not exceeding £2,000).
4
Paragraph (3) above applies subject to paragraph 3 of Schedule 8 to the Act (assessment for excessive repayment).
Form and manner of claim for repayment of overpaid AL
19
A claim under section 31 of the Act (claim for repayment of AL which was not AL due) shall be made in writing to the Commissioners and shall, by reference to such documentary evidence as is in the possession of the claimant, state the amount of the claim and the method by which that amount was calculated.
Tax credits and other repayments: unjust enrichment — reimbursement arrangements to be disregarded
20
In this regulation and in regulations 21 to 26 —
“claim” refers to a claim made under section 31 of the Act (claim for repayment of AL which was not AL due);
“reimbursement arrangements” refers to any arrangements for the purposes of the claim which —
are made by the claimant for the purpose of securing that he is not unjustly enriched by the repayment of any amount in pursuance of the claim; and
provide for the reimbursement of persons (recipients) who have for practical purposes borne the whole or any part of the cost of the original payment of that amount to the Commissioners;
“relevant amount” refers to that part (which may be the whole) of the amount of the claim which the claimant has reimbursed or intends to reimburse to other persons (recipients).
21
For the purposes of section 32(2) of the Act (defence by the Commissioners that repayment by them of an amount claimed would unjustly enrich the claimant) reimbursement arrangements made by a claimant shall be disregarded except where they —
a
include the provisions described in regulation 22, and
b
are supported by the undertakings described in regulation 26.
22
The provisions referred to in regulation 21(a) are that —
a
reimbursement for which the arrangements provide will be completed by no later than 90 days after the repayment to which it relates;
b
no deduction will be made from the relevant amount by way of fee or charge (however expressed or effected);
c
reimbursement will be made only in cash or by cheque;
d
any part of the relevant amount that is not reimbursed by the time mentioned in paragraph (a) above will be repaid by the claimant to the Commissioners;
e
any interest paid by the Commissioners on any relevant amount repaid by them will also be treated by the claimant in the same way as the relevant amount falls to be treated under paragraphs (a) and (b) above; and
f
the records described in regulation 24 will be kept by the claimant and produced by him to the Commissioners in accordance with regulation 25.
23
The claimant shall, without prior demand, make any repayment to the Commissioners that he is required to make by virtue of regulation 22(d) or 22(e) within 14 days of the expiry of the period of 90 days referred to in regulation 22(a).
24
The claimant shall keep records of the following matters —
a
the names and addresses of those persons (recipients) whom he has reimbursed or whom he intends to reimburse;
b
the total amount reimbursed to each such person (recipient);
c
the amount of interest included in each total amount reimbursed to each person (recipient);
d
the date that each reimbursement is made.
25
1
Where a claimant is given notice in accordance with paragraph (2) below he shall, in accordance with such notice, produce to the Commissioners the records that he is required to keep pursuant to regulation 24.
2
A notice given for the purposes of paragraph (1) above shall —
a
be in writing;
b
state the date on which and the place and time at which the records are to be produced; and
c
be signed and dated by the Commissioners.
3
Such a notice may be given before or after, or before and after, the Commissioners have paid the relevant amount to the claimant.
26
1
The undertakings referred to in regulation 21(b) shall be given to the Commissioners by the claimant no later than the time at which he makes the claim for which the reimbursement arrangements have been made.
2
The undertakings shall be in writing and shall be signed and dated by the claimant.
3
The undertakings shall be to the effect that —
a
at the date of the undertakings he is able to identify the names and addresses of those persons (recipients) whom he has reimbursed or whom he intends to reimburse;
b
he will apply the whole of the relevant amount repaid to him (without any deduction by way of fee, charge or otherwise) to the reimbursement in cash or by cheque of such persons (recipients) no later than 90 days after he receives that amount (unless he has properly reimbursed them already);
c
he will apply any interest paid to him on the relevant amount repaid to him wholly to the reimbursement of such persons (recipients) no later than 90 days after he receives that interest;
d
he will repay to the Commissioners without demand the whole or such part of the relevant amount repaid to him or of any interest paid to him as he fails to apply in accordance with the undertakings mentioned in sub-paragraph (b) or (c) above;
e
he will keep the records described in regulation 24; and
f
he will comply with any notice given to him in accordance with regulation 25 concerning the production of such records.
Correction of errors in AL returns
27
A registrable person —
a
shall only be taken as providing full information in the prescribed or specified form and manner for the purposes of paragraph 9(3) of Schedule 6 to the Act (disclosure about inaccurate AL return),
b
with respect to any inaccuracy to which paragraph 9(1)(a) of Schedule 6 to the Act applies (civil penalty for misdeclaration or neglect in relation to inaccurate return),
if he delivers that information in writing to the Commissioners, or acts in accordance with regulation 29, at a time to which paragraph 9(3)(a) of Schedule 6 to the Act applies (no reason to believe enquiries being made into his AL affairs).
28
1
A registrable person shall correct any error made by him in accounting for AL or in connection with his AL account and, as appropriate, make any adjustment required by regulation 7(1)(b) (adjustment of AL returns).
2
That correction or adjustment shall be made within such time and by means of such payment, financial adjustment, entry in accounts or other method as the Commissioners may require.
3
This regulation has effect subject to, as the case requires —
a
the time limit applying to regulations 15(1), 18(1) and 18(2) (tax credits) (see regulations 15(7) and 18(4) — amounts paid more than three years before claim made and assessment subject to time limit in paragraph 5 of Schedule 8 to the Act);
b
a time limit of three years after the end of the accounting period in relation to which the error was made or the adjustment became required; or
c
any time limit for an assessment in relation to the error (see paragraphs 2(1), 2(2)(d), 3 and 4 of Schedule 5 to the Act).
29
1
This regulation applies by way of an exception to regulation 28 but only in relation to errors.
2
Where a registrable person discovers that any return or returns which he has previously made is or are based on an under-calculation, he must correct the error or errors by adding the appropriate amount to the AL due for the accounting period in which the discovery is made under regulation 7(1)(b).
3
Where a registrable person discovers that any return or returns which he has previously made is or are based on an over-calculation, he must correct the error or errors by deducting the appropriate amount from the AL due for the accounting period in which the discovery is made under regulation 7(1)(b).
4
For the purposes of paragraphs (2) and (3) above —
“under-calculation” refers to the total amount of AL due in accordance with regulation 7(1) in the accounting period or periods to which the previous return or returns related which was not properly taken into consideration for that period or those periods as appropriate (“understated AL”);
“over-calculation” refers to the total amount that was wrongly taken as AL due in accordance with regulation 7(1) in the accounting period or periods to which the previous return or returns related and which was wrongly taken into consideration for that period or those periods as appropriate (“overstated AL”).
5
For the purposes of paragraph (4) above —
a
in reckoning the total amount constituting the under-calculation, an allowance must be made for any overstated AL;
b
in reckoning the total amount constituting the over-calculation, an allowance must be made for any understated AL.
6
In any case, the total net amount of any under-calculation or over-calculation corrected under this regulation shall not exceed £2,000.
7
A registrable person making a correction under paragraph (2) or (3) above shall make proper allowance for that correction for the purposes of complying with regulation 9(1) (AL account) or 9(3) (AL tax credits account) as appropriate.
8
Where an error in a return has to any extent been corrected under this regulation —
a
that return shall be regarded as having been corrected to that extent, and
b
the registrable person shall to that extent be taken to have provided full information with respect to the inaccuracy in the prescribed form and manner for the purposes of paragraph 9(3) of Schedule 6 to the Act (disclosure about inaccurate AL return).
9
A person shall not correct an error in a return (where that error is the result of an under-calculation or over-calculation) except in accordance with this regulation.
10
This regulation has effect subject to, as the case requires —
a
any requirement of the Commissioners under regulation 28(2), and
b
any applicable time limit specified in regulation 28(3).
Set-off
30
1
This regulation applies where —
a
a person is under a duty to pay to the Commissioners at any time an amount or amounts in respect of AL; and
b
the Commissioners are under a duty to pay to that person at the same time an amount or amounts in respect of any AL (or other tax or duty) under their care and management.
2
Where the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in paragraph (1)(b) above, the latter shall be set off against the former.
3
Where the total of the amount or amounts mentioned in paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in paragraph (1)(a) above, the Commissioners may set off the latter in paying the former.
4
Where the total of the amount or amounts mentioned in paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in paragraph (1)(b) above, no payment need be made in respect of either.
5
Where this regulation applies and an amount has been set off in accordance with any of paragraphs (2) to (4) above, the duty of both the person in question and the Commissioners to pay the amount concerned shall be treated as having been discharged accordingly.
31
1
This regulation applies where —
a
a person is under a duty to pay to the Commissioners at any time an amount or amounts in respect of any tax or duty (other than AL) under their care and management; and
b
the Commissioners are under a duty, at the same time, to make a payment or repayment to that person of an amount or amounts of or in respect of AL.
2
Where the total of the amount or amounts mentioned in paragraph (1)(a) above exceeds the total of the amount or amounts mentioned in paragraph (1)(b) above, the latter shall be set off against the former.
3
Where the total of the amount or amounts mentioned in paragraph (1)(b) above exceeds the total of the amount or amounts mentioned in paragraph (1)(a) above, the Commissioners may set off the latter in paying the former.
4
Where the total of the amount or amounts mentioned in paragraph (1)(a) above is the same as the total of the amount or amounts mentioned in paragraph (1)(b) above, no payment need be made in respect of either.
5
Where this regulation applies and an amount has been set off in accordance with any of paragraphs (2) to (4) above, the duty of both the person in question and the Commissioners to pay the amount concerned shall be treated as having been discharged accordingly.
32
1
Neither regulation 30 or 31 shall require any such amount as is mentioned in paragraph (1)(b) of either regulation (“the credit”) to be set off against any item mentioned in paragraph (1)(a) of either regulation (“the debit”) where —
a
an insolvency procedure has been applied to the person entitled to the credit;
b
the credit became due after that procedure was applied; and
c
the liability to pay the debt either arose before that procedure was so applied or (having arisen afterwards) relates to, or to matters occurring in the course of, the carrying on of any business relevant for AL purposes at times before the procedure was so applied.
2
An insolvency procedure is applied to a person for the purposes of this regulation in the circumstances described by sub-paragraphs (2) to (5) of paragraph 11 of Schedule 8 to the Act (insolvency procedures for the purposes of this regulation).
33
A reference in regulation 30 or 31 to an amount in respect of tax or duty includes a reference to an amount of any related penalty, surcharge or interest that may be recovered as if it was an amount of tax or duty.
PART IV
DEATH, INCAPACITY, INSOLVENCY, TRANSFERS
Individuals: death or incapacity
34
1
The Commissioners may, for AL purposes and subject to this regulation, treat a person who carries on relevant activities on behalf of an individual who has died or become temporarily incapacitated as if they were the same person.
2
Such treatment may continue pending someone other than that individual being registered under section 24 of and Schedule 4 to the Act in relation to those activities or the incapacity ceasing.
3
A person who carries on relevant activities in the circumstances described in paragraph (1) above must notify the Commissioners of this in writing and that notification must also include the date of death or the date and nature of the incapacity.
4
This notification must be delivered to the Commissioners within 21 days starting with the day after the person begins carrying on the relevant activities.
5
In this regulation, “relevant activities” refers to any activities in relation to which the individual in question is or was a registrable person.
Insolvency
35
1
The Commissioners may, for AL purposes and subject to this regulation, treat a person who carries on relevant activities of a registrable person to whom an insolvency procedure is applied as if they were the same person.
2
Such treatment may continue pending someone other than that registrable person being registered under section 24 of and Schedule 4 to the Act in relation to those activities or the insolvency procedure no longer being applied.
3
A person who carries on relevant activities in the circumstances described in paragraph (1) above must notify the Commissioners of this in writing and that notification must also include the date when the insolvency procedure was first applied.
4
This notification must be delivered to the Commissioners within 21 days starting with the day after the person begins carrying on the relevant activities.
5
In this regulation —
“relevant activities” refers to any activities in relation to which the individual in question is or was a registrable person;
“registrable person” may include, as appropriate, the estate of a deceased individual.
6
An insolvency procedure is applied to a person for the purposes of this regulation in the circumstances described by sub-sections (7) to (9) of section 37 of the Act (insolvency procedures for the purposes of this regulation).
Representatives: death, incapacity or insolvency
36
1
If the Commissioners so require, a representative who controls the assets of a registrable person because of death, incapacity or the application of an insolvency procedure shall, for the purposes of AL and subject to this regulation, be treated as if he was the registrable person.
2
Any requirement resulting from paragraph (1) above for the representative to pay AL shall only apply to the extent of the assets he controls.
3
Any other requirement resulting from paragraph (1) above shall apply in the same way as it would have applied to the registrable person but for the death, incapacity or insolvency procedure.
4
In this regulation “registrable person” may include, as appropriate, the estate of a deceased individual.
5
An insolvency procedure is applied to a person for the purposes of this regulation in the circumstances described by sub-sections (7) to (9) of section 37 of the Act (insolvency procedures for the purposes of this regulation).
Transfers of going concerns
37
1
Where —
a
a business carried on by a person who is registered under section 24 of and Schedule 4 to the Act is transferred to another person as a going concern,
b
the registration of the transferor has not been cancelled,
c
the transfer requires that the transferor’s registration be cancelled and that the transferee either be registered for AL or notify the Commissioners that he is registrable for AL, and
d
a written application for this purpose is made to the Commissioners by the transferor and transferee,
the Commissioners may, with effect from the date of the transfer, cancel the registration of the transferor and register the transferee in his place with the registration number previously allocated to the transferor.
2
Should the Commissioners cancel the registration of the transferor and register the transferee in his place under paragraph (1) above then, in order to secure continuity in the application of the Act —
a
any liability of the transferor existing at the date of the transfer to make a return or account for or pay AL shall become the liability of the transferee;
b
any entitlement of the transferor, whether or not existing at the date of the transfer, to a tax credit or repayment under the Act or Part III of these Regulations shall become the entitlement of the transferee;
c
any other provision by or under the Act relating to AL that applied to the transferor before his registration was cancelled (or any such provision that continues to apply to the transferor after that cancellation) shall apply to the transferee; and
d
any circumstances relating to the application of the Act (or any provision made under the Act) to the AL affairs of the transferor before his registration was cancelled (or any such circumstances that continue to apply to the transferor after that cancellation) shall apply to the transferee.
3
In addition to the provisions set out in paragraph (2) above, where —
a
the Commissioners cancel the registration of the transferor and register the transferee in his place under paragraph (1) above with effect from a date earlier than the accounting period in which they do so, and
b
either the transferor or the transferee has, in relation to any time on or after that date but before the start of that accounting period —
i
made a return,
ii
accounted for AL, or
iii
claimed a relevant tax credit,
the matters referred to in sub-paragraphs (b)(i) to (b)(iii) above shall be treated as having been done by the transferee.
PART V
PENALTIES
38
1
A person who fails to comply with a requirement imposed on him by or under any of the following provisions of these Regulations shall be liable to a penalty of £250 for each such failure —
a
regulation 7(1), 7(2), 7(3) or 7(4);
b
regulation 8(2);
c
regulation 9(1), 9(2), 9(3) or 9(4);
d
regulation 10;
e
regulation 28(1) or 28(2);
f
regulation 29(7) or 29(9);
g
regulation 34(3) or 34(4);
h
regulation 35(3) or 35(4).
2
A specific act or omission shall attract only one such penalty if the circumstances are such that, but for this paragraph, it would attract more than one penalty.
PART VI
CONSEQUENTIAL AMENDMENTS
39
In regulation 2(1) of the Distress for Customs and Excise Duties and Other Indirect Taxes Regulations 1997 under the meaning given for “relevant tax” insert —
g
aggregates levy;
.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
21st March 2002


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 8) (Amendment) Order 2002.
2
In this Order, the “ principal Order ” means the Health and Social Care Act 2001 (Commencement No. 8) Order 2002 .
3
Article 2 extends to England and Wales.
4
Article 3 extends to England only.
Amendment of the principal Order
2
In article 2(2) of the principal Order, after “section 15 of the Act” insert “, except for sub-section (3) thereof in so far as it applies to Wales,”.
3
After article 3 of the principal Order add —
Transitional Provisions for vacancy appeals
4
Where before 1st April 2002 any person has appealed to the Secretary of State under regulations made under section 29B(3)(b) of the 1977 Act, and the appeal has not been determined by that date, that appeal shall have effect as if it were an appeal to the FHSAA and shall be dealt with in accordance with the Family Health Services Appeal Authority (Procedure) Rules 2001 .
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
26th March 2002


text:
Citation, commencement, interpretation, and extent
1
1
This order may be cited as the Lancashire Teaching Hospitals National Health Service Trust (Establishment) and the Chorley and South Ribble National Health Service Trust and Preston Acute Hospitals National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1 August 2002.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977, and also any service which the Secretary of State has a duty to provide under section 5(1) or (1A) of that Act;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Lancashire Teaching Hospitals National Health Service Trust established by article 2 of this Order.
Establishment and name of the trust
2
There is established a National Health Service trust which shall be called the Lancashire Teaching Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services and community health services, for the purposes of the health service at or from —
a
Royal Preston Hospital, Sharoe Green Lane North, Fulwood, Preston, Lancashire PR2 9HT,
b
Sharoe Green Hospital, Sharoe Green Lane South, Fulwood, Preston, Lancashire, PR2 8DU,
c
Chorley and South Ribble District General Hospital, Preston Road, Chorley, Lancashire PR7 1PP, and
d
at or from any associated hospitals, establishments, and facilities.
Directors of the trust
4
The trust shall have a chairman, 5 executive directors, 6 non-executive directors, and 1 university representative.
Operational and accounting dates of the trust
5
1
The operational date of the trust shall be 1 August 2002.
2
The accounting date of the trust shall be 31 March.
Dissolution of National Health Service trusts
6
1
The Chorley and South Ribble National Health Service Trust, which was established by the Chorley and South Ribble National Health Service Trust (Establishment) Order 1992, is dissolved, and that Establishment Order is accordingly revoked.
2
The Preston Acute Hospitals National Health Service Trust, which was established by the Preston Acute Hospitals National Health Service Trust (Establishment) Order 1993, is dissolved, and that Establishment Order is accordingly revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
29th July 2002


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Tax Credits (Appeals) Regulations 2002 and shall come into force on 17th December 2002.
2
These Regulations shall cease to have effect on such day as is appointed by order made under section 63(1) of the Tax Credits Act 2002 (tax credits appeals etc.: temporary modifications).
Interpretation
2
In these Regulations —
“appeal tribunal” means an appeal tribunal constituted —
in Great Britain, under Chapter 1 of Part 1 of the Social Security Act 1998 (social security appeals: Great Britain), or
in Northern Ireland, under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998( ) (social security appeals: Northern Ireland);
“tax credit appeal” means an appeal which, by virtue of section 63 of the Tax Credits Act 2002 or of provisions applied by these Regulations, is to an appeal tribunal or lies to a Social Security Commissioner;
“Social Security Commissioner” means —
in Great Britain, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the Social Security Act 1998 or a tribunal of three or more Commissioners constituted under section 16(7) of that Act, and
in Northern Ireland, the Chief Social Security Commissioner or any other Social Security Commissioner appointed under the Social Security Administration (Northern Ireland) Act 1992 or a tribunal of two or more Commissioners constituted under Article 16(7) of the Social Security (Northern Ireland) Order 1998;
“the 1998 Act” means the Social Security Act 1998;
“the 1998 Order” means the Social Security (Northern Ireland) Order 1998.
Application of section 54 of the Taxes Management Act 1970
3
1
Section 54 of the Taxes Management Act 1970 (settling of appeals by agreement) shall apply to a tax credit appeal to an appeal tribunal with the modifications prescribed by paragraphs (2) to (8).
2
In subsection (1) for “Commissioners”, in both places where that word occurs, substitute the words “appeal tribunal”.
3
In subsections (1) and (4) omit the words “assessment or”, in each place where they occur.
4
In subsections (1), (2) and (4)(a) for “inspector or other proper officer of the Crown” substitute the words “officer of the Board”.
5
For subsection (3) substitute the following subsection —
3
Where an agreement is not in writing —
a
the preceding provisions of this section shall not apply unless the Board give notice, in such form and manner as they consider appropriate, to the appellant of the terms agreed between the officer of the Board and the appellant; and
b
the references in those preceding provisions to the time when the agreement was come to shall be construed as references to the date of that notice.
6
In subsection (4)(b) for “inspector or other proper officer giving” substitute the words “officer of the Board giving”.
7
In subsection (4) for “inspector or other proper officer had come” substitute the words “officer of the Board had come”.
8
After subsection (5) add the following subsection —
6
In subsection (1) “appeal tribunal” means an appeal tribunal constituted —
a
in Great Britain, under Chapter 1 of Part 1 of the Social Security Act 1998 (social security appeals: Great Britain), and
b
in Northern Ireland, under Chapter 1 of Part 2 of the Social Security (Northern Ireland) Order 1998 (social security appeals: Northern Ireland).
Application of section 12 of the 1998 Act and Article 13 of the 1998 Order
4
1
Section 12 of the 1998 Act and Article 13 of the 1998 Order (appeals to an appeal tribunal) shall apply to a tax credit appeal to an appeal tribunal with the modifications prescribed by paragraphs (2) to (8).
2
For subsections (1) and (2) of that section substitute the following subsections —
1
An appeal which is to an appeal tribunal by virtue of section 63 of the Tax Credits Act 2002, including an application for a direction under section 19(9) of that Act, (a “tax credit appeal”) may be brought by —
a
a claimant whose claim for a tax credit is the subject of the appeal;
b
the person on whom the penalty to which the appeal relates was imposed;
c
the person applying for the direction under section 19(9) of that Act; or
d
such other person as may be prescribed.
.
3
For paragraphs (1) and (2) of that Article substitute the following paragraph —
1
An appeal which is to an appeal tribunal by virtue of section 63 of the Tax Credits Act 2002, including an application for a direction under section 19(9) of that Act, (a “tax credit appeal”) may be brought by —
a
a claimant whose claim for a tax credit is the subject of the appeal;
b
the person on whom the penalty to which the appeal relates was imposed;
c
the person applying for a direction under section 19(9) of that Act; or
c
such other person as may be prescribed.
.
4
Omit subsections (3) to (6) of that section and paragraphs (3) to (6) of that Article.
5
In subsection (7) of that section and paragraph (7) of that Article add at the end “, and may in particular extend the time limit for giving notice of appeal specified in section 39(1) of the Tax Credits Act 2002”.
6
In subsection (8) of that section for “an appeal under this section” substitute “a tax credit appeal”.
7
In paragraph (8) of that Article for “an appeal under this Article” substitute “a tax credit appeal”.
8
Omit subsections (8)(a) and (9) of that section and paragraphs (8)(a) and (9) of that Article.
Application of section 13 of the 1998 Act and Article 14 of the 1998 Order
5
1
Section 13 of the 1998 Act and Article 14 of the 1998 Order (redetermination etc. of appeals by tribunal) shall apply to a decision of an appeal tribunal on a tax credit appeal (other than a decision on a tax credit appeal under Schedule 2 to the Tax Credits Act 2002) with the modifications prescribed by paragraphs (2) to (4).
2
Omit subsection (3) of that section and paragraph (3) of that Article.
3
In subsection (4) of that section —
a
omit the words “this section and”;
b
omit paragraph (b) and the word “and” immediately preceding it.
4
In paragraph (4) of that Article —
a
omit the words “this Article and”;
b
omit sub-paragraph (a);
c
for sub-paragraph (b) substitute the following sub-paragraph —
b
the Board and the persons mentioned in paragraph (3)(b) of that Article.
.
Application of section 14 of the 1998 Act and Article 15 of the 1998 Order
6
1
Section 14(1) to (10) of the 1998 Act and Article 15(1) to (10) of the 1998 Order (appeal from tribunal to Commissioner) shall apply to a decision of an appeal tribunal on a tax credit appeal (other than a decision on a tax credit appeal under Schedule 2 to the Tax Credits Act 2002) with the modifications prescribed by paragraphs (2) and (3).
2
In that section —
a
in subsection (1) omit the words “under section 12 or 13 above”;
b
in subsection (3)(a) for “Secretary of State” substitute “Board”;
c
omit subsections (3)(d), (4) and (5)(c).
3
In that Article —
a
in paragraph (1) omit the words “under Article 13 or 14”;
b
in paragraph (3)(a) for “Department” substitute “Board”;
c
omit paragraphs (3)(d), (4) and (5)(c).
7
1
Section 14(11) and (12) of, and Schedule 4 to, the 1998 Act and Article 15(11) to (13) of the 1998 Order (appeals and procedure before Commissioner) shall apply to a decision of an appeal tribunal on a tax credit appeal (including a decision on a tax credit appeal under Schedule 2 to the Tax Credits Act 2002) with the modifications prescribed by paragraphs (2) and (3).
2
So far as concerns decisions on tax credit appeals under Schedule 2 to the Tax Credits Act 2002, in subsection (11) of that section and paragraph (11) of that Article omit the words “and applications made for leave to appeal”.
3
In Schedule 4 to the 1998 Act for the words “Secretary of State”, wherever they occur, substitute “Board”.
Application of section 15 of the Social Security Act 1998
8
Section 15 of the 1998 Act (appeal from Commissioner on point of law) shall apply to a decision of a Social Security Commissioner on a tax credit appeal.
Application of section 16 of the 1998 Act and Article 16 of the 1998 Order
9
1
Section 16 of, and Schedule 5 to, the 1998 Act and Article 16 of, and Schedule 4 to, the 1998 Order (procedure) shall apply for the purposes of a tax credit appeal with the modifications prescribed by paragraphs (2) to (6).
2
Omit subsection (3)(b) of that section and the word “and” immediately preceding it.
3
Omit paragraph (3)(b) of that Article and the word “and” immediately preceding it.
4
Omit subsections (4) and (5) of that section and paragraphs (4) and (5) of that Article.
5
In Schedule 5 to the 1998 Act —
a
in paragraph 1, omit the words “the Secretary of State,”, in both places where they occur;
b
in paragraph 4(b), add at the end “, including provision extending the time limit for giving notice of appeal specified in section 39(1) of the Tax Credits Act 2002”.
6
In Schedule 4 to the 1998 Order —
a
in paragraph 1, omit the words “the Department”, in both places where they occur;
b
in paragraph 4(b), add at the end “, including provision for extending the time limit for giving notice of appeal specified in section 39(1) of the Tax Credits Act 2002”.
Application of section 17 of the 1998 Act and Article 17 of the 1998 Order
10
1
Section 17 of the 1998 Act and Article 17 of the 1998 Order (finality of decisions) shall apply to a decision of an appeal tribunal or a Social Security Commissioner on a tax credit appeal with the modifications prescribed by paragraphs (2) to (4).
2
For subsection (1) of that section substitute the following subsection —
1
Subject to the provisions of —
a
sections 12 to 16 of this Act, and
b
the Tax Credits Act 2002,
any decision made in accordance with those provisions in respect of an appeal which, by virtue of section 63 of the Tax Credits Act 2002 (or of provisions of this Act applied by regulations made under that section), is to an appeal tribunal or lies to a Commissioner, shall be final.
.
3
For paragraph (1) of that Article substitute the following paragraph —
1
Subject to the provisions of —
a
Articles 13 to 16 of this Order, and
b
the Tax Credits Act 2002,
any decision made in accordance with those provisions in respect of an appeal which, by virtue of section 63 of the Tax Credits Act 2002 (or of provisions of this Order applied by regulations made under that section), is to an appeal tribunal or lies to a Commissioner, shall be final.
.
4
Omit subsection (2)(b) and (c) of that section and paragraph (2)(b) and (c) of that Article.
Application of section 28 of the 1998 Act and Article 28 of the 1998 Order
11
1
Section 28 of the 1998 Act and Article 28 of the 1998 Order (correction of errors and setting aside of decisions) shall apply to a decision by an appeal tribunal or a Social Security Commissioner on a tax credit appeal with the modifications prescribed by paragraphs (2) to (4).
2
For subsection (3) of that section substitute the following subsection —
3
In this section “relevant enactment” means —
a
any of sections 12 to 17 above, and
b
any enactment contained or referred to in section 19(10), 38 or 39 of, or Schedule 2 to, the Tax Credits Act 2002.
.
3
For paragraph (3) of that Article substitute the following paragraph —
3
In this Article “relevant statutory provision” means —
a
any of Articles 13 to 17 above, and
b
any statutory provision contained or referred to in section 19(10), 38 or 39 of, or Schedule 2 to, the Tax Credits Act 2002.
.
4
Omit subsection (1A) of that section and paragraph (1A) of that Article .
Application of section 39 of the 1998 Act and Article 39 of the 1998 Order
12
1
Section 39 of the 1998 Act and Article 39 of the 1998 Order (interpretation etc. of Chapter 2) shall apply for the purposes of a tax credit appeal with the modifications prescribed by paragraphs (2) to (4).
2
In subsection (1) of that section —
a
after the definition of “appeal tribunal” insert —
“the Board” means the Commissioners of Inland Revenue;
;
b
for the definition of “claimant” substitute —
“claimant” means a person who makes (whether or not jointly with another) a claim for a tax credit in accordance with sections 3 and 4 of the Tax Credits Act 2002, and includes a person entitled to make such a claim on behalf of another person by virtue of regulation 17 or 18 of the Tax Credits (Claims and Notifications) Regulations 2002 ;
;
c
omit the definitions of “relevant benefit” and “tax appeal Commissioners”.
3
In paragraph (1) of that Article —
a
for the definition of “Inland Revenue” substitute —
“the Board” means the Commissioners of Inland Revenue;
“claimant” means a person who makes (whether or not jointly with another) a claim for a tax credit in accordance with sections 3 and 4 of the Tax Credits Act 2002, and includes a person entitled to make such a claim on behalf of another person by virtue of regulation 17 or 18 of the Tax Credits (Claims and Notifications) Regulations 2002;
;
b
omit the definitions of “relevant benefit” and “tax appeal Commissioners”.
4
Omit subsections (2) and (3) of that section and paragraphs (2) and (3) of that Article.
Nick Montagu
Tim Flesher
Two of the Commissioners of Inland Revenue
26th November 2002
The Lord Chancellor consents to the making of these Regulations
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
20th November 2002
The Scottish Ministers consent to the making of these Regulations
James Wallace
Deputy First Minister and Minister for Justice A member of the Scottish Executive
20th November 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Allocation of Housing (England) Regulations 2002 and shall come into force on 31st January 2003.
2
These Regulations apply in England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Housing Act 1996;
“the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively; and
“the immigration rules” means the rules laid down as mentioned in section 3(2) of the Immigration Act 1971 (general provisions for regulation and control).
Cases where the provisions of Part 6 of the Act do not apply
3
1
The provisions of Part 6 of the Act about the allocation of housing accommodation do not apply in the following cases.
2
They do not apply where a local housing authority secures the provision of suitable alternative accommodation under section 39 of the Land Compensation Act 1973 (duty to rehouse residential occupiers).
3
They do not apply in relation to the grant of a secure tenancy under sections 554 and 555 of the Housing Act 1985 (grant of tenancy to former owner-occupier or statutory tenant of defective dwelling-house).
Classes prescribed under section 160A(3) who are eligible persons
4
The following are classes of persons subject to immigration control prescribed for the purposes of section 160A(3) of the Act (persons prescribed as eligible for an allocation of housing accommodation by a local housing authority) —
a
Class A — a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
b
Class B — a person —
i
who has been granted by the Secretary of State exceptional leave to enter or remain in the United Kingdom outside the provisions of the immigration rules; and
ii
whose leave is not subject to a condition requiring him to maintain and accommodate himself, and any person who is dependent on him, without recourse to public funds;
c
Class C — a person who has current leave to enter or remain in the United Kingdom which is not subject to any limitation or condition and who is habitually resident in the Common Travel Area other than a person —
i
who has been given leave to enter or remain in the United Kingdom upon an undertaking given by another person (his “sponsor”) in writing in pursuance of the immigration rules to be responsible for his maintenance and accommodation;
ii
who has been resident in the United Kingdom for less than five years beginning on the date of entry or the date on which the undertaking was given in respect of him, whichever date is the later; and
iii
whose sponsor or, where there is more than one sponsor, at least one of whose sponsors, is still alive;
d
Class D — a person who is habitually resident in the Common Travel Area and who —
i
is a national of a state which has ratified the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which has ratified the European Social Charter done at Turin on 18th October 1961 and is lawfully present in the United Kingdom; or
ii
before 3rd April 2000 was owed a duty by a housing authority under Part 3 of the Housing Act 1985 (housing the homeless) or Part 7 of the Act (homelessness) which is extant, and who is a national of a state which is a signatory to the European Convention on Social and Medical Assistance done at Paris on 11th December 1953 or a state which is a signatory to the European Social Charter done at Turin on 18th October 1961.
Classes prescribed under section 160A(5) who are ineligible persons
5
The following is a class of persons, not being persons subject to immigration control, prescribed for the purposes of section 160A(5) of the Act (persons prescribed as ineligible for an allocation of housing accommodation) —
Class B — a person who is not habitually resident in the Common Travel Area other than —
a worker who for the purposes of Council Regulation ( EEC ) No. 1612/68 or (EEC) No. 1251/70 ;
a person with a right to reside in the United Kingdom pursuant to the Immigration (European Economic Area) Order 2000 and derived from Council Directive No. 68/360/EEC or No. 73/148/EEC ;
a person who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption.
Revocation
6
The Allocation of Housing (England) Regulations 2000 are revoked.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of State
Office of the Deputy Prime Minister
18th December 2002


text:
1
These Regulations may be cited as the Zimbabwe (Freezing of Funds, other Financial Assets or Economic Resources) (Amendment) Regulations 2002 and shall come into force on 31st October 2002.
2
At the end of the definition of “the EC Regulation” in Regulation 1(2) of the Zimbabwe (Freezing of Funds, other Financial Assets or Economic Resources) Regulations 2002 , there is added
, as amended by —
Commission Regulation (EC) No. 1224/2002 of 8th July 2002 amending for the first time Council Regulation (EC) No. 310/2002 concerning certain restrictive measures in respect of Zimbabwe ; and
Commission Regulation No. 1643/2002 of 13th September 2002 amending, for the third time, Council Regulation (EC) No. 310/2002 concerning certain restrictive measures in respect of Zimbabwe
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
7th October 2002


text:
Citation and interpretation
1
This Order may be cited as the Travel Concessions (Eligibility) Act 2002 (Commencement) (England) Order 2002.
Provisions coming into force in England
2
Section 1 of the Travel Concessions (Eligibility) Act 2002 shall come into force on 1st April 2003 as respects England.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
12th March 2002


text:
Name and commencement
1
1
The name of this Order is the Bridgend (Cynffig, Cornelly and Pyle Communities)(Electoral Changes)(Amendment) Order 2002.
2
This Order shall come into force on 1st May 2002.
Amendment to the Bridgend (Cynffig, Cornelly and Pyle Communities)(Electoral Changes) Order 2002
2
1
The Bridgend (Cynffig, Cornelly and Pyle Communities)(Electoral Changes) Order 2002 shall be amended as follows.
2
In article 2, the words “2nd May” shall be replaced by “20th June”.
3
In paragraph (1) of Article 4, the words “6th May” shall be replaced by “24th June”.
Signed
E. Hart
Minister for Finance, Local Government and Communities
29th April 2002