text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) Regulations 2002 and shall come into force on 23rd March 2002.
2
These Regulations extend to England only.
Interpretation
2
1
ln these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where otherwise indicated and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2002/80/ EC imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey as amended by Commission Decision 2002/233/EC ;
“controlled Turkish products” means Turkish products which are intended for human consumption or to be used as an ingredient in foodstuffs;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 ; and
“Turkish products” means products of the categories to which Article 1.1 of the Commission Decision applies and which originate in or are consigned from Turkey.
2
Any term used in the definition of “controlled Turkish products” or “Turkish products” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition of import
3
1
Subject to paragraph (3), no person shall import into England any controlled Turkish products unless —
a
the conditions specified in Article 1.1 and 1.3 of the Commission Decision are satisfied in relation to those products; or
b
the derogation contained in Article la of the Commission Decision (which is concerned with consignments which left Turkey prior to 11th March 2002) is satisfied in relation to them.
2
Subject to paragraph (3), no person shall import into England any controlled Turkish products, except through a point of entry listed in Annex II to the Commission Decision.
3
Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into England from a member State of any controlled Turkish products which are in free circulation in that State.
4
For the purposes of this regulation, any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.
5
Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2), an authorised officer of the authority concerned shall have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders made under the Act.
4
Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application etc. of various provisions of the Act
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (b);
d
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
e
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (c);
f
section 36 (offences by bodies corporate); and
g
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority or a port health authority may at all reasonable times inspect any controlled Turkish products which —
a
have been sold or are offered or exposed for sale; or
b
are in the possession of, or have been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
2
Subsections (3) to (8) below shall apply where, whether or not on an inspection carried out under subsection (1) above, it appears to an authorised officer that any controlled Turkish products have been imported into England in contravention of regulation 3(1) or (2) of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) Regulations 2002.
3
The authorised officer may either —
a
give notice to the person in charge of the products that, until the notice is withdrawn, the products or any specified quantity of them —
i
are not to be used for human consumption, and
ii
either are not to be removed or are not to be removed except to some place specified in the notice; or
b
seize the products and remove them in order to have them dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the products have not been imported in contravention of regulation 3(1) or (2) of the above Regulations and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the products and remove them in order to have them dealt with by a justice of the peace.
5
Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the products of his intention to have them dealt with by a justice of the peace and —
a
any person who under regulation 3(5) of the above Regulations might be liable to a prosecution in respect of the products shall, if he attends before the justice of the peace by whom the products fall to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(1) or (2) of the above Regulations in relation to those products.
6
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any products falling to be dealt with by him under this section have been imported in contravention of regulation 3(1) or (2) of the above Regulations, he shall condemn the products and order —
a
the products to be destroyed or to be so disposed of as to prevent them from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the products.
7
If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any products fall to be dealt with under this section refuses to condemn them, the food authority or, as the case may be, port health authority, shall compensate the owner of the products for any depreciation in their value resulting from the action taken by the authorised officer.
8
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.
9
For the purposes of this section, any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.
.
3
The expressions “controlled Turkish products”, “food authority”, “for human consumption”, “port health authority” and “Turkish products”, which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
4
Section 2 of the Act (extended meaning of “sale” etc.) shall apply in relation to section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2).
5
Section 29 of the Act (procurement of samples) shall apply for the purposes of these Regulations with the modifications that —
a
for the words “an enforcement authority” there shall be substituted the words “a food authority or as the case may be a port health authority”;
b
for subsection (b)(ii) there shall be substituted the following provision —
ii
is found by him on or in any premises which he is authorised to enter by virtue of regulation 4(3) of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) Regulations 2002;
;
c
the power to take samples under subsections (b) and (d) shall be limited to the taking of samples in accordance with the methods of taking samples described or referred to in Annex I to Directive 98/53/EC ;
d
subsection (c) shall be omitted; and
e
for the words “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted the words “the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) Regulations 2002”.
6
Where, pursuant to section 29(b) of the Act as applied by paragraph (5), an authorised officer has taken a sample of any products he believes to be controlled Turkish products, he shall ensure that —
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC ,
and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
an analysis of the sample is carried out in accordance with methods of analysis which —
i
so far as practicable, comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591/ EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto;
c
an analysis of the sample is carried out by a laboratory which complies with Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs ; and
d
the reporting of the result of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
21st March 2002


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Hemp (Third Country Imports) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.
Amendment of the Hemp (Third Country Imports) Regulations 2002
2
1
The Hemp (Third Country Imports) Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In paragraph (6)(b) of regulation 11 (authorisations), for the words “paragraph (3)” there shall be substituted the words “paragraph (5)”.
3
In paragraph (2) of regulation 15 (suspension or revocation of licences or authorisations), after the words “authority decides to” there shall be inserted the words “suspend or”.
Whitty
Parliamentary Under SecretaryDepartment for Environment, Food and Rural Affairs
22nd July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Redbridge and Waltham Forest Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Redbridge and Waltham Forest Health Authority ;
“the new Trust” means the Whipps Cross University Hospital National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 13th December 2001 and on behalf of the new Trust on 5th December 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Title, commencement and extent
1
These Regulations may be cited as the Foot-and-Mouth Disease (Marking of Meat, Meat Preparations and Meat Products) Regulations 2002; they extend to England and come into force at 8.00 pm on 25th January 2002.
Amendment to Meat Products (Hygiene) Regulations 1994
2
1
The Meat Products (Hygiene) Regulations 1994 are amended in so far as they extend to England in accordance with this regulation.
2
For regulation 10(3) there is substituted —
3
Any person who sells for human consumption any meat product manufactured or re-wrapped in Great Britain shall ensure that it carries —
a
the British EC health Mark; or
b
the circular mark referred to in Paragraph 3 of Part VI of Schedule 2 to these Regulations; or
c
the British national health mark,
in each case applied in accordance with Part VI of Schedule 2.
.
3
Regulation 10(4) is revoked.
4
For paragraphs 3A and 3B of Part VI of Schedule 2 there is substituted —
3A
1
Notwithstanding paragraphs 1 to 3 above, meat products made from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1st February 2001 to 23rd January 2002 or containing meat from those species of animals and processed in Great Britain during that period shall be marked with a stamp consisting of a circular mark containing —
a
in the upper part the letters “GB”; and
b
in the lower part the meat product premises code.
2
Meat products referred to in paragraph (1) which have undergone one of the treatments laid down in Article 4(1) of Council Directive 80/215/EEC or which have been subjected during preparation uniformly throughout the substance to a pH value of less than 6 may be marked either in accordance with this paragraph or in accordance with paragraph 1 to 3 above.
3
Sub-paragraph (1) does not apply in relation to meat products made from fresh meat eligible for dispatch in accordance with Commission Decision 2001/172/EEC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom) , Commission Decision 2001/356/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/172/EC ) or Commission Decision 2001/740/EC (concerning certain protection measures with regard to foot-and-mouth disease in the United Kingdom and repealing Decision 2001/356/EC ) .
.
Amendment to the Fresh Meat (Hygiene and Inspection) Regulations 1995
3
1
The Fresh Meat (Hygiene and Inspection) Regulations 1995 are amended in so far as they extend to England in accordance with this regulation.
2
For paragraph 9 of Schedule 12 there is substituted —
9
1
Notwithstanding the provisions of paragraphs 1 and 8 of this Schedule, fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1st February 2001 to 23rd January 2002, and meat processed in Great Britain during that period which would otherwise have been marked in accordance with those paragraphs shall instead be marked with a stamp consisting of a circular mark with an outer diameter of 50 mm, with the line thickness of circle of 3 mm and containing —
a
in the upper part the letters “GB” 7 mm high, and
b
in the lower part the approval number of the premises 10 mm high.
2
Notwithstanding paragraph 6 of this Schedule, E129 Allura Red AC may not be used in a stamp applied under this paragraph.
3
Sub-paragraph (1) does not apply to fresh meat eligible for dispatch in accordance with Commission Decision 2001/172/EC , 2001/356/EC or 2001/740/EC .
.
Amendment of the Minced Meat and Meat Preparations (Hygiene) Regulations 1995
4
1
The Minced Meat and Meat Preparations (Hygiene) Regulations 1995 are amended in so far as they extend to England in accordance with this regulation.
2
Paragraph (1B) of regulation 7 and paragraph (4B) of regulation 8 are revoked.
3
For paragraphs (5), (6), (7) and (8) of regulation 7 there is substituted —
5
No person shall affix the health mark to minced meat produced from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1st February 2001 to 23rd January 2002 or meat processed during that period unless it was fresh meat eligible for dispatch in accordance with Commission Decision 2001/172,/EC, 2001/356/EC or 2001/740/EC .
.
4
For paragraphs (6), (7) and (8) of regulation 8 there is substituted —
6
No person shall affix the health mark to any meat preparation produced from fresh meat originating from animals of the bovine, ovine, caprine and porcine species and other biungulates slaughtered in Great Britain from 1 February 2001 to 23rd January 2002 or meat from those species of animals processed during that period unless it was fresh meat eligible for dispatch in accordance with Commission Decision 2001/172,/EC, 2001/356/EC or 2001/740/EC .
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
2.00 pm 25th January 2002


text:
Citation and commencement
1
These Regulations may be cited as the Merchant Shipping (Hours of Work) Regulations 2002 and shall come into force on 7th September 2002.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Merchant Shipping Act 1995;
“collective agreement” means a collective agreement within the meaning of section 178 of the Trade Union and Labour Relations (Consolidation) Act 1992 , the trade union parties to which are independent trade unions within the meaning of section 5 of that Act;
“company”, in relation to a ship, means the owner or any other organisation or person such as the manager, or the bareboat charterer, who has assumed the responsibility for the operation of the ship from the owner;
“complaint” means any information or report submitted by a member of the crew, a professional body, an association, a trade union or, generally, any person with an interest in the safety of the ship, including an interest in safety or health hazards to its crew;
“the Directive” means Council Directive 1999/63/ EC concerning the Agreement on the organisation of working time of seafarers concluded by the European Community Shipowners' Association and the Federation of Transport Workers' Unions in the European Union;
“employer”, in relation to a seafarer, means the person by whom the worker is employed;
“employment”, in relation to a seafarer, means employment under his contract or engagement, and “employed” shall be construed accordingly;
“hours of rest” means time outside hours of work and does not include short breaks;
“hours of work” means time during which a seafarer is required to do work on the business of the ship;
“master”, in the application of these Regulations to hovercraft, includes the captain of a hovercraft;
“ MCA ” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
“Merchant Shipping Notice” means a Notice described as such and issued by the MCA; and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“offshore installation” means any installation which is intended for underwater exploitation of mineral resources or exploration with a view to such exploitation;
“pleasure vessel” means —
any vessel which is —
wholly owned by an individual or individuals and used only for the sport or pleasure of the owner or the immediate family or friends of the owner, or
owned by a body corporate and used only for sport or pleasure of employees or officers of the body corporate, or their immediate family or friends,
and is on a voyage or excursion which is one for which the owner is not paid for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion, or
any vessel which is wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club;
and no payments other than those mentioned above are made by or on behalf of users of the vessel, other than by the owner, and in this definition, “immediate family” means, in relation to an individual, the husband or the wife of the individual, and a brother, sister, ancestor or lineal descendant of that individual or that individual’s husband or wife;
“relevant inspector” means a person mentioned in paragraphs (a), (b) or (c) of section 258(1) of the Act;
“sail training vessel” means a sailing vessel which is being used either —
to provide instruction in the principles of responsibility, resourcefulness, loyalty and team endeavour and to advance education in the art of seamanship; or
to provide instruction in navigation and seamanship for yachtsmen;
and is operating under one of the following codes —
The Code of Practice for the Safety of Small Commercial Sailing Vessels ;
Code of Practice for the Safety of Large Commercial Sailing and Motor Vessels ;
The Code of Practice for the Safety of Small Commercial Motor Vessels ; or
The Code of Practice for the Safety of Small Vessels in Commercial Use for Sport or Pleasure Operating from a Nominated Departure Point ;
“seafarer” means any person, including a master, who is employed or engaged in any capacity on board a ship, on the business of the ship, but does not include persons who are training in a sail training vessel or persons who are not engaged in the navigation of, or have no emergency safety responsibilities on, such a vessel;
“sea-going” means a ship certified by the competent authority for navigation at sea;
“ship”, in the application of these Regulations to hovercraft, includes hovercraft;
“United Kingdom ship” means a ship which —
is a United Kingdom ship within the meaning of section 85(2) of the Act; or
is a hovercraft registered under the Hovercraft Act 1968 ; and
“workforce agreement” means an agreement between an employer and his employees or their representatives in respect of which the conditions set out in Schedule 1 to these Regulations are satisfied.
2
For the purposes of these Regulations “competent authority” means —
a
in relation to the United Kingdom, the MCA, and
b
in relation to any other member State, the national maritime administration maintained by that State for the inspection of ships.
3
Subject to paragraphs (1) and (2), words and expressions used in these Regulations shall have the same meaning as in the Directive or in Council Directive 1999/95/EC concerning the enforcement of provisions in respect of seafarers' hours of work on board ships calling at Community ports , as appropriate.
Application
3
1
These Regulations apply to —
a
sea-going United Kingdom ships wherever they may be; and
b
regulations 15 and 16 apply to sea-going ships of member States other than the United Kingdom when they are in a United Kingdom port or in United Kingdom waters,
being ships other than —
i
fishing vessels,
ii
pleasure vessels,
iii
offshore installations whilst on their working stations, and
iv
tugs which ordinarily do not go beyond the limits of waters of categories A, B, C and D, as categorised in Merchant Shipping Notice No. MSN 1758 (M).
2
These Regulations shall not apply to any seafarer who is subject to any requirement contained in the Working Time Regulations 1998 .
General duty of company, person employing a seafarer, master
4
Subject to regulation 8, it shall be the duty of a company, an employer of a seafarer and a master of a ship to ensure that a seafarer is provided with at least the minimum hours of rest.
Minimum hours of rest
5
1
Subject to regulation 6, the minimum hours of rest shall be not less than —
a
ten hours in any 24-hour period; and
b
77 hours in any seven-day period.
2
Subject to regulation 6, hours of rest may be divided into no more than two periods, one of which shall be at least six hours in length, and the interval between consecutive such periods shall not exceed 14 hours.
3
Musters, fire-fighting and lifeboat drills prescribed by the Merchant Shipping (Musters, Training and Decision Support Systems) Regulations 1999 shall be conducted in a manner which minimises the disturbance of rest periods and does not induce fatigue.
4
A seafarer who is on call on board ship shall have an adequate compensatory rest period if his normal period of rest is disturbed by call-outs to work.
5
Nothing in this regulation shall restrict the operation of regulation 6 of the Merchant Shipping and Fishing Vessels (Health and Safety at Work) (Employment of Young Persons) Regulations 1998 .
Minimum hours of rest: further provision
6
1
The MCA may authorise a collective agreement or workforce agreement permitting exceptions to the limits in regulation 5(1) and (2).
2
Such exceptions may take account of more frequent or longer leave periods, or the granting of compensatory leave for watchkeeping seafarers or seafarers working on board ship on short voyages.
Posting-up of table
7
1
The master of a ship, or a person authorised by the master, shall ensure that a table of scheduled hours of rest complying with paragraph (2) is posted-up in a prominent and easily accessible place in the ship.
2
A table under paragraph (1) shall —
a
contain the information specified in Merchant Shipping Notice No. MSN 1767 (M);
b
be in the format specified in that Merchant Shipping Notice, or in a format substantially like it; and
c
be in English and in the working language of the ship if that is not English.
Exception for emergencies
8
1
The master of a ship may require a seafarer to work any hours of work necessary for the immediate safety of the ship, persons on board ship or cargo or for the purpose of giving assistance to another ship or to a person in distress at sea.
2
For the purposes of paragraph (1), the master may suspend the hours of rest scheduled in the table under regulation 7 and require a seafarer to perform any hours of work necessary until the normal situation has been restored.
3
As soon as practicable after the normal situation has been restored the master shall ensure that any seafarer who has performed work in hours of rest scheduled in the table under regulation 7 is provided with an adequate rest period.
Records
9
1
A record of a seafarer’s daily hours of rest shall be maintained by the master or a person authorised by the master.
2
The procedures for keeping such records (including the intervals at which the information is to be recorded) and the format of such records shall comply with the requirements specified in Merchant Shipping Notice No. MSN 1767 (M).
3
A record shall be in English and in the working language of the ship if that is not English.
4
The record kept under paragraph (1) shall be endorsed by the master or a person authorised by the master, and by the seafarer in question, and a copy of the record as endorsed shall be given to the seafarer by the master or the person authorised by the master.
5
The company and the master shall ensure that a copy of these Regulations (including any relevant Merchant Shipping Notices) and any collective agreements or workforce agreements relevant to the ship which are authorised under regulation 6 are carried at all times on board the ship in an easily accessible place.
6
The relevant inspector shall examine and endorse, at appropriate intervals, records kept under paragraph (1).
Working at night
10
1
Subject to paragraph (2), no seafarer under the age of 18 shall work at night.
2
A seafarer of the age of 16 or 17 may work at night if the work forms part of an established programme of training the effectiveness of which would be impaired by the prohibition in paragraph (1).
3
In this regulation “night” means a period —
a
the duration of which is not less than nine consecutive hours; and
b
which includes the period between midnight and 5 a.m. (local time).
Power to require information
11
A company shall provide the MCA with such information as the MCA may specify on watchkeepers and other seafarers working at night.
Entitlement to annual leave
12
1
A seafarer is entitled to paid annual leave of at least four weeks, or a proportion of four weeks in respect of a period of employment of less than one year.
2
Leave to which a seafarer is entitled under this regulation —
a
may be taken in instalments;
b
may not be replaced by a payment in lieu, except where the seafarer’s employment is terminated.
Entitlements under other provisions
13
Where during any period a seafarer is entitled to hours of rest or annual leave both under a provision of these Regulations and under a separate provision (including a provision of his contract), he may not exercise the two rights separately, but may, in taking hours of rest or annual leave during that period, take advantage of whichever right is, in any particular respect, the more favourable.
Inspection and detention of a United Kingdom ship
14
1
A relevant inspector may inspect any United Kingdom ship and if he is satisfied that there has been a failure to comply in relation to that ship with any of the requirements of regulations 4, 7 and 9 he may detain the ship.
2
The relevant inspector shall not in the exercise of his power under this regulation detain or delay the ship unreasonably.
Inspections of ships of other member States
15
1
A relevant inspector may inspect a ship which has called voluntarily at a port in the United Kingdom in the normal course of its business or for operational reasons in order to verify that the requirements of regulations 4, 7 and 9 are being complied with in respect of the ship.
2
When carrying out such an inspection the relevant inspector shall determine whether —
a
a table complying with regulation 7(2) is posted-up in a prominent and easily accessible place in the ship;
b
records are being maintained and carried on board in compliance with regulation 9(1) to (3) and (5); and
c
there is proof that such records have been endorsed by the competent authority of the State in which the ship is registered.
3
Where —
a
a complaint has been received by the MCA which indicates that any of the requirements of regulations 4, 7 and 9 are not being complied with and which it does not consider manifestly unfounded (“a relevant complaint”), or
b
a relevant inspector from his own observations on board believes that seafarers may be unduly fatigued,
the inspector shall carry out a more detailed inspection, in accordance with paragraph (2), to determine whether the hours of rest recorded comply with the standards laid down in regulation 5 and whether they have been duly observed, and shall take into account other records relating to the operation of the ship.
4
Where a relevant complaint has been received, or a relevant inspector obtains evidence that any of the requirements of regulations 4, 7 and 9 are not being complied with, the MCA shall prepare a report addressed to the government of the State in which the ship is registered.
5
The identity of a person lodging a complaint shall not be revealed to the master of the ship concerned or the company in respect of the ship.
Rectification of deficiencies
16
1
If the inspection or more detailed inspection under regulation 15 reveals that any of the requirements of regulations 4, 7 and 9 are not being complied with in respect of a ship the relevant inspector shall, in the case of deficiencies which are clearly hazardous to the safety or health of seafarers, take the measures necessary to ensure that such deficiencies are rectified, and may detain the ship until deficiencies have been rectified or the seafarers in question have been sufficiently rested.
2
If there is clear evidence that watchkeeping personnel for the first watch, or subsequent relieving watches, are unduly fatigued the relevant inspector shall detain the ship until the deficiencies found have been rectified or the seafarers in question have been sufficiently rested.
3
If a ship is detained under paragraph (1 ) or (2) the competent authority shall inform —
a
the master of the ship;
b
the company in respect of the ship; and
c
either —
i
the administration of the State whose flag the ship is entitled to fly or the State in which the ship is registered; or
ii
the nearest consular or diplomatic representative of the State,
of the results of any inspection under regulation 15, of any decisions taken by the inspector and of any corrective actions required.
4
The relevant inspector shall not in exercise of his power under this regulation detain or delay the ship unreasonably.
Enforcement of detention
17
Where a ship is liable to be detained under these Regulations, section 284(1) to (5) and (8) of the Act (which relates to the detention of a ship) shall apply as if for the words “this Act”, wherever they appear, there were substituted “the Merchant Shipping (Hours of Work) Regulations 2002”.
Arbitration and compensation
18
1
Sections 96 and 97 of the Act (arbitration and compensation) shall apply in relation to a detention notice under these Regulations as they apply to a detention notice under section 95(3) subject to the modifications in paragraph (2).
2
The modifications referred to in paragraph (1) are —
a
references to “relevant inspector” mean a person making an inspection under these Regulations;
b
section 96 shall apply in relation to a ship to which these Regulations apply as if the following words were omitted —
i
in subsection (1) “in pursuance of section 95(3)(b)”;
ii
in subsection (2), the words from “unless” to the end;
iii
in subsection (3), “to whether the ship was or was not a dangerously unsafe ship”;
iv
in subsection (5), “as a dangerously unsafe ship”; and
c
section 97 shall apply in relation to a ship to which these Regulations apply as if for subsection (1) there were substituted —
1
If on a reference under section 96 relating to a detention notice in relation to a ship, the owner of the ship shows to the satisfaction of the arbitrator that —
a
any matter did not constitute a valid basis for the relevant inspector’s opinion, and
b
there were no reasonable grounds for the inspector to form that opinion,
the arbitrator may award the owner such compensation in respect of any loss suffered by him in consequence of the detention of the ship as the arbitrator thinks fit.
.
Release of information
19
The MCA shall ensure the publication, at least every month, of the information specified in Part I of Annex IX to Merchant Shipping Notice No. MSN 1725 M concerning ships to which regulations 15 and 16 apply which during the previous month have been detained in a port in the United Kingdom.
Penalties
20
1
Any contravention by —
a
the master of a ship of regulation 4, 7(1), 8(3) or 9(1), (4) or (5);
b
an employer of regulation 4;
c
a person authorised by the master of a ship of regulation 7(1) or 9(1) or (4); or
d
a company of regulation 4, 9(5) or 11,
shall be an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
2
Where there is a contravention of regulation 5(3) or (4) the master of the ship shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
3
Where there is a contravention of regulation 10(1) the employer of the young person shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 3 on the standard scale.
4
Where there is a contravention of regulation 12 the employer of the seafarer shall be guilty of an offence punishable on summary conviction by a fine not exceeding level 5 on the standard scale.
5
In any proceedings for an offence under these Regulations it shall be a defence for the defendant to show that all reasonable steps had been taken by him to ensure compliance with the Regulations.
Miscellaneous amendments
21
Schedule 2 (Miscellaneous Amendments) shall have effect.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
13th August 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2002 and shall come into force on 1st April 2002.
2
In these Regulations “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
3
These regulations extend to England only.
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 of the principal Regulations (interpretation) shall be amended as follows.
2
In paragraph (1) —
a
in the appropriate alphabetical position, insert —
“dispensing services” means services corresponding to pharmaceutical services provided under a pilot scheme;
;
b
for the definition of “nurse prescriber” there shall be substituted —
“nurse prescriber” means a person who is registered in Parts 1, 3, 5, 8, 10, 11, 12, 13, 14 or 15 of the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 and against whose name is recorded in that register an annotation signifying that he is qualified to order drugs, medicines and appliances for patients;
;
3
Paragraph (2) shall be deleted.
Amendment of regulation 3 of the principal Regulations
3
1
Regulation 3 of the principal Regulations (supply of drugs and appliances by chemists) shall be amended as follows.
2
In paragraphs (1) and (4) for “£6.10” on each occasion it appears there shall be substituted “£6.20”.
3
In paragraph (1)(a) for “£12.20” there shall be substituted “£12.40”.
Amendment of regulation 4 of the principal Regulations
4
1
Regulation 4 of the principal Regulations (supply of drugs and appliances by doctors) shall be amended as follows.
2
In paragraphs (1) and (5) after “pharmaceutical” on each occasion it appears there shall be inserted “or dispensing”.
3
In paragraph (1)(a) for “£12.20” there shall be substituted “£12.40”.
4
In paragraphs (1)(b) and (4) for “£6.10” on each occasion it appears there shall be substituted “£6.20”.
Amendment of regulation 5 of the principal Regulations
5
1
Regulation 5 of the principal Regulations (supply of drugs and appliances by Health Authorities, NHS trusts and Primary Care Trusts) shall be amended as follows.
2
In paragraph (1)(a) and (d) and paragraph (5) for “£6.10” on each occasion it appears there shall be substituted “£6.20”.
3
In paragraph (1)(a) and (c) for “£12.20” on each occasion it appears there shall be substituted “£12.40”.
Amendment of regulation 6 of the principal Regulations
6
1
Regulation 6 of the principal Regulations (supply of drugs and appliances at Walk-in-Centres) shall be amended as follows.
2
In paragraph (1)(a) and (b) and paragraph (4) for “£6.10” on each occasion it appears there shall be substituted “£6.20”.
3
In paragraph (1)(a) for “£12.20” there shall be substituted “£12.40”.
Amendment of regulation 6A of the principal Regulations
7
In regulation 6A of the principal Regulations (supply of drugs under Patient Group Directions) in paragraph (1) for “£6.10” there shall be substituted “£6.20”.
Amendment of regulation 9 of the principal Regulations
8
1
Regulation 9 of the principal Regulations (pre-payment certificates) shall be amended as follows.
2
In paragraph (5) for “£31.90” there shall be substituted “£32.40” and for “£87.60” there shall be substituted “£89.00”.
3
For paragraph (9) there shall be substituted —
9
In paragraph (7) “the relevant period” means the period beginning one month after the date on which the pre-payment certificate became valid and ending with the date of its expiry.
.
4
For paragraph (12) there shall be substituted —
12
In paragraph (10) “the relevant period” means the period of three months beginning one month after the date on which the pre-payment certificate became valid.
.
Amendment of Schedule 1 to the principal Regulations
9
In column 2 of Schedule 1 to the principal Regulations (charges for fabric supports and wigs) —
a
for “£20.60” there shall be substituted “£20.90”;
b
for “£31.00” there shall be substituted “£31.50”;
c
for “£50.70” there shall be substituted “£51.50”;
d
for “£133.70” there shall be substituted “£135.90”;
e
for “£195.40” there shall be substituted “£198.60”.
Transitional provisions
10
Where, on or after 1st April 2002 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply or, as the case may be, grant as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
7th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Breckland (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Breckland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Breckland (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Breckland District Council;
Wards of the district of Breckland
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-six wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Attleborough
4
1
The existing wards of the parish of Attleborough shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Burgh and Haverscroft and Queen's: and the parish ward of Burgh and Haverscroft shall comprise the area of the district ward bearing the same name, and the parish ward of Queen’s shall comprise the rest of the parish.
3
The number of councillors for the parish ward of Burgh and Haverscroft shall be six, and for the parish ward of Queen’s shall be nine.
Wards of the parish of Dereham
5
1
The existing wards of the parish of Dereham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Dereham-Central, Dereham-Humbletoft, Dereham-Neatherd and Dereham-Toftwood; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for the parish ward of Dereham-Humbletoft shall be two, for the parish wards of Dereham-Central and Dereham-Neatherd shall be three and for the parish ward of Dereham-Toftwood shall be four.
Wards of the parish of Thetford
6
1
The existing wards of the parish of Thetford shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Thetford-Abbey, Thetford-Castle, Thetford-Guildhall and Thetford-Saxon; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for the parish ward of Thetford-Castle shall be two, for the parish ward of Thetford-Abbey shall be four, and for the parish wards of Thetford-Guildhall and Thetford-Saxon shall be five.
Maps
7
Breckland District Council shall make a print of the map marked “Map referred to in the District of Breckland (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The District of Breckland (Electoral Arrangements) Order 1978 is revoked, save for article 5.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th December 2002
Glyn Mathias
Commissioner
12th December 2002
Neil McIntosh
Commissioner
12th December 2002
Karamjit Singh
Commissioner
18th December 2002
Sam Younger
Commissioner
12th December 2002
Graham Zellick
Commissioner
12th December 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Access Forums (England) Regulations 2002 and shall come into force on 7th August 2002.
2
These Regulations extend to England only .
Interpretation
2
In these Regulations references to sections are references to sections of the Countryside and Rights of Way Act 2000.
Establishment of a local access forum
3
1
Subject to regulation 13, where an appointing authority is required, by section 94(1), to establish a local access forum, that authority shall establish the forum by appointing the members of the forum before 8th August 2003.
2
Before establishing any local access forum an appointing authority which is a local highway authority shall consult —
a
any district council in their area, and
b
such other persons as they consider appropriate,
as to the area for which the forum is to be established.
3
Before establishing any local access forum an appointing authority which is a National Park authority shall consult —
a
any district or county council for any part of the area of the National Park for which the National Park authority is the appointing authority, and
b
such other persons as they consider appropriate,
as to the area for which the forum is to be established.
Membership of a local access forum
4
1
A local access forum shall consist of no fewer than 10 and not more than 22 members.
2
In the case of a local access forum —
a
consisting of not more than 16 members, not more than two members of such forum may also be members of a district or county council or National Park authority for any part of the area of the forum,
b
consisting of no fewer than 17 members, not more than three members of such forum may also be members of a district or county council or National Park authority for any part of the area of the forum.
3
The members shall be persons who appear to the appointing authority to be representative of —
a
users of local rights of way or the right conferred by section 2(1) (rights of public in relation to access land),
b
owners and occupiers of access land or land over which local rights of way subsist, or
c
any other interests especially relevant to the authority’s area.
4
The appointing authority shall ensure a reasonable balance is maintained between the number of members appointed in accordance with sub-paragraph (a) and in accordance with sub-paragraph (b) of paragraph (3).
5
Subject to paragraph (6), before appointing any member the appointing authority shall —
a
advertise the vacancy —
i
in such local or regional newspapers circulating in the authority’s area as they consider appropriate, and
ii
if they maintain a website on the internet, on such a website, and
b
consult such persons as they consider appropriate.
6
The requirements in paragraph (5) to advertise and consult shall not apply to the appointment to a local access forum of any person who is a member of a district or county council or National Park authority for any part of the area of the forum.
Terms of membership
5
1
Subject to the following paragraphs of this regulation, the terms of appointment of a member of a local access forum shall be determined by the appointing authority and notified to him in writing.
2
A member of a local access forum shall be appointed for not less than one and not more than three years.
3
A member of a local access forum may resign by notice in writing to the appointing authority which appointed him.
4
An appointing authority —
a
shall terminate the appointment of a member of a local access forum if they are satisfied that he has become a member of a district or county council or National Park authority and, as a result, regulation 4(2) is not complied with, and
b
may terminate the appointment of a member of a forum if —
i
without the consent of the appointing authority, he has been absent from all meetings of the forum during a period of one year, or
ii
he has failed to comply with regulation 6(7).
5
An appointing authority may re-appoint a person who ceases to be a member of a local access forum.
Proceedings of a local access forum
6
1
Subject to the following paragraphs of this regulation and to regulations 7, 8 and 9, the proceedings (including the quorum) relating to the meetings of a local access forum shall be such as it may determine.
2
A local access forum shall hold no fewer than two meetings every year.
3
A local access forum shall have a chairman and a vice-chairman, who shall be appointed by election from amongst the members of the forum.
4
The first chairman and vice-chairman of a local access forum shall be appointed at the first meeting of the forum.
5
The period of appointment of the chairman and vice-chairman shall be determined by the local access forum, but in each case it may not exceed the period of appointment as a member of the forum.
6
With a view to maintaining a reasonable balance between the interests of which the chairman and vice-chairman are respectively representative, a local access forum shall take such steps (as regards the selection of candidates for election as chairman and vice-chairman, determining the order in which they are appointed or the duration of their appointments as such, any combination of these or otherwise) as may be necessary to ensure that so far as practicable the chairman or the vice-chairman or each of them is a person who on his appointment as a member of the forum was eligible to be so appointed —
a
on any basis mentioned in regulation 4(3) other than any on which the other was eligible to be so appointed, or
b
(where each was appointed in accordance with regulation 4(3)(c)) on the basis of an interest other than any which was the basis on which the other was eligible to be so appointed.
7
A member of a local access forum who is directly or indirectly interested in any matter brought up for consideration at a meeting of the forum shall disclose the nature of his interest to the meeting.
Access to meetings and documents of a local access forum
7
1
A meeting of a local access forum shall be open to the public.
2
The right of admission of the public conferred by paragraph (1) is without prejudice to any power of exclusion to suppress or prevent disorderly conduct or other misbehaviour at a meeting.
3
Copies of the agenda for a meeting of a local access forum and copies of any report for the meeting shall be open to inspection by members of the public at the offices of the appointing authority in accordance with paragraph (4).
4
Any document which is required by paragraph (3) to be open to inspection shall be so open at least three clear days before the meeting, except that —
a
where the meeting is convened at shorter notice, the copies of the agenda and reports shall be open to inspection from the time the meeting is convened, and
b
where an item is added to an agenda, copies of the document adding the item to the agenda (or of the revised agenda), and the copies of any report for the meeting relating to the item, shall be open to inspection from the time the item is added to the agenda,
but nothing in this paragraph requires copies of any agenda, document or report to be open to inspection by the public until copies are available to members of the local access forum.
5
An item of business may not be considered at a meeting of a local access forum unless either —
a
paragraph (4) has been complied with, or
b
by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.
Inspection of minutes and other documents after meetings of a local access forum
8
1
After a meeting of a local access forum the following documents shall be open to inspection by members of the public at the offices of the appointing authority until the expiration of the period of two years beginning with the date of the meeting, namely —
a
the minutes, or a copy of the minutes, of the meeting,
b
a copy of the agenda for the meeting, and
c
a copy of any report for the meeting.
2
If and so long as copies of a report for a meeting of a local access forum are required by paragraph (3) of regulation 7 or paragraph (1) of this regulation to be open to inspection by members of the public —
a
copies of a list, compiled by the secretary to the forum, of any background papers for the report, and
b
at least one copy of each of the documents included in that list,
shall also be open to their inspection at the offices of the appointing authority.
3
Any document required by paragraph (1) or (2) to be open to inspection by members of the public shall be taken to be so open if arrangements exist for its production to members of the public as soon as is reasonably practicable after the making of a request to inspect it.
4
For the purposes of paragraph (2) the background papers for a report are those documents relating to the subject matter of the report which —
a
disclose any facts or matters on which, in the opinion of the secretary to the local access forum, the report or an important part of the report is based, and
b
have, in his opinion, been relied on to a material extent in preparing the report,
but do not include any published works.
Supplemental provisions about access to documents of a local access forum
9
1
A document required by regulation 7 or 8 to be open to inspection shall be so open at all reasonable hours.
2
Where a document is open to inspection by a person under regulation 7 or 8, the person may, subject to paragraph (3) —
a
make copies of or extracts from the document, or
b
require the person having custody of the document to supply to him a copy of or extracts from the document,
upon payment to the appointing authority providing the facility of such reasonable fee as may be required in respect of any expenses thereby incurred.
3
Paragraph (2) does not require or authorise the doing of any act which infringes the copyright in any work.
Secretary to a local access forum
10
1
The appointing authority shall employ a secretary for each local access forum which they establish.
2
The secretary shall be responsible for the administration of the local access forum.
3
The secretary may not be —
a
a member of the local access forum in relation to which he is employed as secretary, or
b
a member of the appointing authority in question.
Financial provisions
11
1
Subject to paragraph (2), an appointing authority shall meet any reasonable expenses incurred by a local access forum which they establish or by the members of that forum.
2
For the purposes of paragraph (1), reasonable expenses incurred by the members of a local access forum are such expenses as are incurred by them in connection with their attendance at meetings of the forum and any other activities relating to the discharge of the functions of the forum, but only in respect of —
a
travel and subsistence costs, and
b
any expenses of arranging for the care of their children or dependants.
Annual report
12
1
A local access forum shall prepare an annual report on the discharge of its functions.
2
The report shall be published by the local access forum’s appointing authority.
Joint local access forums
13
1
Two or more appointing authorities may establish a joint local access forum for their areas or for any parts of their areas by appointing the members of the forum before 8th August 2003, and where they propose to establish such a forum, references in regulation 3(2) and (3) to a local access forum shall be construed as references to a joint local access forum.
2
Paragraph (1) shall not apply in relation to any appointing authority which has established a local access forum under regulation 3(1).
3
Where a joint local access forum is established these Regulations shall have effect in relation to that forum with the following modifications —
a
any reference in these Regulations to a local access forum shall, unless a contrary intention appears, have effect as if for the words “local access forum” there were substituted the words “joint local access forum”,
b
regulation 4 (membership of a local access forum) has effect as if —
i
in paragraph (3), for the words “appointing authority” there were substituted the words “the appointing authorities”, and for the words “the authority’s area” there were substituted the words “the authorities' areas”,
ii
in paragraph (4), for the words “The appointing authority” there were substituted the words “The appointing authorities”, and
iii
in paragraph (5), for the words “the appointing authority” there were substituted the words “the appointing authorities”, for the words “the authority’s area” there were substituted the words “their respective areas”, and for the words “such a website” there were substituted the words “their respective websites”,
c
regulation 5 (terms of membership) has effect as if —
i
in paragraph (1), for the words “the appointing authority” there were substituted the words “the appointing authorities”,
ii
in paragraph (3), for the words “the appointing authority” there were substituted the words “one of the appointing authorities”,
iii
in paragraph (4), for the words “An appointing authority” there were substituted the words “Appointing authorities”, and in sub-paragraph (b)(i) of that paragraph, for the words “the appointing authority” there were substituted the words “one of the appointing authorities”, and
iv
in paragraph (5), for the words “An appointing authority” there were substituted the words “Appointing authorities”,
d
regulation 7 (access to meetings and documents of a local access forum) has effect as if, in paragraph (3), for the words “the appointing authority” there were substituted the words “the appointing authorities”,
e
regulation 8 (inspection of minutes and other documents after meetings of a local access forum) has effect as if, in paragraphs (1) and (2), for the words “the appointing authority” there were substituted the words “the appointing authorities”,
f
regulation 10 (secretary to a local access forum) has effect as if —
i
in paragraph (1), for the words “The appointing authority” there were substituted the words “One of the appointing authorities”, and
ii
in paragraph (3), for the words “the appointing authority” there were substituted the words “any of the appointing authorities”,
g
regulation 11 (financial provisions) has effect as if, in paragraph (1), for the words “an appointing authority” there were substituted the words “appointing authorities”, and at the end of that paragraph there were inserted the words “in such shares as may be agreed or failing agreement, equally”, and
h
regulation 12 (annual report) has effect as if, in paragraph (2), for the words “by the local access forum’s appointing authority” there were substituted the words “jointly by the local access forum’s appointing authorities”.
Application of these Regulations to London borough councils
14
1
Where a council of a London borough resolve that section 94(1) applies to the council or to any part of their area, these Regulations shall, subject to the following paragraphs of this regulation, apply to the council of a London borough or to the part of their area to which the resolution relates.
2
Regulations 3 (establishment of a local access forum) and 13 (joint local access forums) shall apply as if for the date mentioned in regulations 3(1) and 13(1) there were substituted a date one year after the date of the resolution.
3
Regulation 4 (membership of a local access forum) shall have effect as if, in paragraphs (2)(a) and (b) and (6), for the words “district or county council” there were substituted the words “district, county or London borough council”.
4
Regulation 5 (terms of membership) shall have effect as if, in paragraph (4)(a), for the words “district or county council” there were substituted the words “district, county or London borough council”.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
15th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Ellesmere Port and Neston Primary Care Trust (Establishment) Order 2002 and shall come into force on 6th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Ellesmere Port and Neston Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 6th March 2002 a Primary Care Trust to be called the Ellesmere Port and Neston Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The South Cheshire Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
4
The Wirral and West Cheshire Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
5
The Countess of Chester Hospital National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
6
The Chester and Halton Community National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Hunt
Parliamentary Under Secretary of State,
Department of Health
26th February 2002


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


text:
1
This Order may be cited as the Public Telecommunication System Designation (Fibernet UK Limited) Order 2002 and shall come into force on 17th May 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
14th April 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Open-ended Investment Companies (Tax) (Amendment) Regulations 2002 and shall come into force on 1st October 2002.
2
These Regulations have effect in relation to accounting periods beginning on or after 1st October 2002.
Amendment of the Open-ended Investment Companies (Tax) Regulations 1997
2
Amend the Open-ended Investment Companies (Tax) Regulations 1997 in accordance with regulations 3 to 8.
Amendment of regulation 5
3
In regulation 5(3) omit sub-paragraphs (h) and (i).
Amendment of regulation 7
4
In regulation 7(4)(f) omit “, 117B(3)(a)”.
Amendment of regulation 9
5
In regulation 9 omit “, 468AA,”.
Omission of regulations 11, 17 and 18
6
Omit regulations 11 , 17 and 18.
Amendment of regulation 19
7
In regulation 19 omit paragraph (2).
Omission of regulation 21
8
Omit regulation 21.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


text:
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Royal Navy) (Amendment) Rules 2002 and shall come into force on 28th February 2002.
Amendment to Rules
2
1
The Courts-Martial (Royal Navy) Rules 1997 are amended in accordance with the provisions of this rule.
2
In paragraphs (2)(b) and (3)(b) of rule 14 (ordering the court), after “officer members of the court,” there is inserted “any warrant officer members of the court,”.
3
In rule 15 (ineligibility for membership of courts-martial), after “An officer” there is inserted “or warrant officer”.
4
In rule 28(3) (president and members), for “A member” there is inserted “An officer member”.
5
In rule 31(2)(a) (challenges by the accused), after “officer” there is inserted “or warrant officer”.
6
In rule 33(4)(e) (administration of oaths and affirmations), after “officer” there is inserted “, warrant officer”.
7
In Schedule 2, Form 1 (form of summons to a witness not subject to the Act), after “documents” in each place where it occurs there is inserted “or things”.
Adam Ingram
Minister of State, Ministry of Defence
5th February 2002


text:
1
This Order may be cited as the East Yorkshire College of Further Education, Bridlington (Dissolution) Order 2002 and shall come into force on 1st March 2002.
2
On 1st March 2002 East Yorkshire College of Further Education, Bridlington shall be dissolved and all of its property, rights and liabilities shall be transferred to Beverley College of Further Education being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st March 2002 as if the references in that section —
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st March 2002;
c
to the transferor were to East Yorkshire College of Further Education, Bridlington and
d
to the corporation were to Beverley College of Further Education.
Margaret Hodge
Minister of State,Department for Education and Skills
8th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Birmingham Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the South Birmingham Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 20th March 2002 a Primary Care Trust to be called the South Birmingham Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Birmingham Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Birmingham Specialist Community Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulatory Reform (Carer’s Allowance) Order 2002 and shall come into force —
a
except for the purposes of Article 2, on 28th October 2002; and
b
for the purposes of Article 2 —
i
for the purposes of exercising powers to make subordinate legislation to come into force on or after 1st April 2003 (being powers or subordinate legislation which apart from Article 2 would refer to invalid care allowance), on 1st September 2002; and
ii
for all other purposes, on 1st April 2003.
2
In this Order —
“the 1992 Act ” means the Social Security Contributions and Benefits Act 1992 ; and
“subordinate legislation” means Orders in Council, orders, rules, regulations, schemes and other instruments made under any Act.
Invalid care allowance to be known as carer’s allowance
2
1
Invalid care allowance shall be known as carer’s allowance.
2
The Schedule to this Order (which makes provision consequential on paragraph (1)) shall have effect.
Amendment of section 70 of the 1992 Act
3
1
In section 70 of the 1992 Act (which provides for invalid care allowance), after subsection (1) there is inserted —
1A
A person who was entitled to an allowance under this section immediately before the death of the severely disabled person referred to in subsection (1) shall continue to be entitled to it, even though he is no longer engaged in caring for a severely disabled person (and the requirements of subsection (1)(a) and (c) are not satisfied), until —
a
the end of the week in which he ceases to satisfy any other requirement as to entitlement to the allowance; or
b
the expiry of the period of eight weeks beginning with the Sunday following the death (or beginning with the date of death if the death occurred on Sunday),
whichever occurs first.
.
2
Subsections (5) and (6) of that section are hereby repealed.
Transitional provision
4
Notwithstanding the repeal of subsection (6) of section 70 of the 1992 Act, a person who had attained the age of 65 and was entitled to an allowance under that section immediately before 28th October 2002 shall continue to be so entitled, notwithstanding that he is not caring for a severely disabled person or no longer satisfies the requirements of subsection (1)(a) or (b) of that section, for as long as he continues to satisfy the other requirements for entitlement to the allowance specified in or under that section.
Signed by authority of the Secretary of State for Work and Pensions
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th May 2002


text:
Citation, interpretation and application
1
1
This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 3) Order 2002.
2
This Order applies to England only, apart from article 2(2)(d) which applies to England and Wales.
Appointed day
2
1
1st January 2003 is the day appointed for the coming into force of the provisions of the National Health Service Reform and Health Care Professions Act 2002 specified in paragraph (2).
2
The provisions referred to in paragraph (1) are —
a
section 20 and Schedule 6 (The Commission for Patient and Public Involvement in Health);
b
section 21 (overview and scrutiny committees);
c
paragraph 2 of Schedule 8 (minor and consequential amendments) and, in so far as they relate to that paragraph, paragraph 1 of that Schedule and section 37(1);
d
section 37(2) and Schedule 9 (repeals) in so far as they relate to the repeal in Part 3 of that Schedule of paragraphs 71(3), 73 and 75 of Schedule 2 to the National Health Service (Primary Care) Act 1997 .
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
18th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Croydon Primary Care Trust (Establishment) Order 2001 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Croydon Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Croydon Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
20th March 2002