text:
PART I
INTRODUCTORY
Citation and commencement
1
This Order may cited as the Anti-terrorism (Financial and Other Measures) (Overseas Territories) Order 2002 and shall come into force on 1st August 2002.
Extent
2
1
This Order extends to the following territories —
Anguilla
Falkland Islands
Montserrat
St Helena and Dependencies
Turks and Caicos Islands
Virgin Islands.
2
In the application of this Order to any of the said territories the expression “the Territory” means that territory.
Interpretation: general
3
1
In this Order, unless the contrary intention appears —
“act” and “action” include omission,
“article” includes substance and any other thing,
“Attorney General” means the Attorney General of the Territory and includes any person for the time being lawfully performing the functions of the Attorney General,
“constable” includes an officer of the police force of the Territory, and, in the application to Anguilla of the provisions of this Order relating to the disclosure of information, also includes the Reporting Authority constituted under the Money Laundering Reporting Authority Act of that territory,
“customs officer” means an officer who, under the law of the Territory relating to the control of exports or imports, is authorised to enforce such controls,
“Director of Public Prosecutions” means the person (if any) other than the Attorney General in whom the law of the Territory for the time being vests (subject to such powers of control, supervision or direction as may be reserved to the Attorney General) the general power to initiate, conduct, take over and discontinue criminal proceedings for any offence against the law of the Territory,
“Governor” means the person for the time being lawfully administering the government of the Territory,
“immigration officer” means a person who, under the law of the Territory relating to the control of entry into the Territory, is authorised to enforce such control,
“premises” includes any place and in particular includes a vehicle and a tent or moveable structure,
“property” includes property wherever situated and whether real or personal, heritable or moveable, and things in action and other intangible or incorporeal property,
“Supreme Court” means the court of the Territory, however styled, which possesses unlimited original jurisdiction in civil and criminal matters (but does not include a court which has appellate jurisdiction from such a court),
“terrorist investigation” means an investigation of —
the commission, preparation or instigation of acts of terrorism,
an act which appears to have been done for the purposes of terrorism, or
the commission, preparation or instigation of an offence under this Order, and
“vehicle” includes an aircraft, hovercraft, train or vessel.
2
In this Order —
a
references to conviction on indictment are references to conviction after trial before the Supreme Court,
b
references to summary conviction are references to conviction after trial by a magistrates' court,
c
references to a magistrates' court are references to a court of the Territory (however styled and however composed) which is subordinate to the Supreme Court and which is authorised by the law of the Territory to exercise general jurisdiction in criminal matters (but do not include references to a court exercising jurisdiction under a law governing a disciplined force or a penal establishment), and
d
“the statutory maximum” means the fine prescribed by the law of the Territory, as for the time being in force, as the upper limit of the fines that a magistrates' court may impose on offenders in respect of any single criminal offence (disregarding any special provision authorising a greater fine to be imposed in respect of any particular offence) or, if the law of the Territory, as so in force, prescribes no such limit, means a fine of such amount (not being excessive in the circumstances of the case) as the court thinks fit.
3
Where any provision of this Order confers any function on the Governor, it is to be construed as conferring that function on him to be exercised by him acting in his discretion.
Terrorism: Interpretation
4
1
In this Order “terrorism” means the use or threat of action where —
a
the action falls within paragraph (2),
b
the use or threat is designed to influence the government or intimidate the public or a section of the public, and
c
the use or threat is made for the purpose of advancing a political, religious or ideological cause.
2
Action falls within this paragraph if it —
a
involves serious violence against a person,
b
involves serious damage to property,
c
endangers a person’s life, other than that of the person committing the action,
d
creates a serious risk to the health or safety of the public or a section of the public, or
e
is designed seriously to interfere with or seriously to disrupt an electronic system.
3
The use or threat of action falling within paragraph (2) which involves the use of firearms or explosives is terrorism whether or not paragraph (l)(b) is satisfied.
4
In this article —
a
“action” includes action outside the Territory,
b
a reference to any person or to property is a reference to any person, or to property, wherever situated,
c
a reference to the public includes a reference to the public of a country other than the Territory,
d
“explosive” means —
i
an article or substance manufactured for the purpose of producing a practical effect by explosion,
ii
materials for making an article or substance within sub-paragraph (i),
iii
anything used or intended to be used for causing or assisting in causing an explosion, and
iv
a part of anything within sub-paragraph (i) or (iii),
e
“firearm” includes an air gun or air pistol, and
f
“the government” means the government of the Territory or of a country (or a part of a country) other than the Territory.
PART II
TERRORIST PROPERTY
Interpretation
Terrorist property
5
1
In this Order “terrorist property” means —
a
money or other property which is likely to be used for the purposes of terrorism,
b
proceeds of the commission of acts of terrorism, and
c
proceeds of acts carried out for the purposes of terrorism.
2
In paragraph (1) a reference to proceeds of an act includes a reference to any property which wholly or partly, and directly or indirectly, represents the proceeds of the act (including payments or other rewards in connection with its commission).
Offences
Fund-raising
6
1
A person commits an offence if he —
a
invites another to provide money or other property, and
b
intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
2
A person commits an offence if he —
a
receives money or other property, and
b
intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
3
A person commits an offence if he —
a
provides money or other property, and
b
knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
4
In this article a reference to the provision of money or other property is a reference to its being given, lent or otherwise made available, whether or not for consideration.
Use and possession
7
1
A person commits an offence if he uses money or other property for the purposes of terrorism.
2
A person commits an offence if he —
a
possesses money or other property, and
b
intends that it should be used, or has reasonable cause to suspect that it may be used, for the purposes of terrorism.
Funding arrangements
8
A person commits an offence if —
a
he enters into or becomes concerned in an arrangement as a result of which money or other property is made available or is to be made available to another, and
b
he knows or has reasonable cause to suspect that it will or may be used for the purposes of terrorism.
Money laundering
9
1
A person commits an offence if he enters into or becomes concerned in an arrangement which facilitates the retention or control by or on behalf of another person of terrorist property —
a
by concealment,
b
by removal from the jurisdiction,
c
by transfer to nominees, or
d
in any other way.
2
It is a defence for a person charged with an offence under paragraph (1) to prove that he did not know and had no reasonable cause to suspect that the arrangement related to terrorist property.
Disclosure of information: duty
10
1
This article applies where a person —
a
believes or suspects that another person has committed an offence under any of articles 6 to 9, and
b
bases his belief or suspicion on information which comes to his attention in the course of a trade, profession, business or employment.
2
But this article does not apply if the information came to the person in the course of a business in the regulated sector (as defined in paragraph 1(12) of Schedule 1 for the purposes of that paragraph).
3
The person commits an offence if he does not disclose to a constable as soon as is reasonably practicable —
a
his belief or suspicion, and
b
the information on which it is based.
4
It is a defence for a person charged with an offence under paragraph (3) to prove that he had a reasonable excuse for not making the disclosure.
5
Where —
a
a person is in employment,
b
his employer has established a procedure for the making of disclosures of the matters specified in paragraph (3), and
c
he is charged with an offence under that paragraph,
it is a defence for him to prove that he disclosed the matters specified in that paragraph in accordance with the procedure.
6
Paragraph (3) does not require disclosure by a professional legal adviser of —
a
information which he obtains in privileged circumstances, or
b
a belief or suspicion based on information which he obtains in privileged circumstances.
7
For the purposes of paragraph (6) information is obtained by an adviser in privileged circumstances if it comes to him, otherwise than with a view to furthering a criminal purpose —
a
from a client or a client’s representative, in connection with the provision of legal advice by the adviser to the client,
b
from a person seeking legal advice from the adviser, or from the person’s representative, or
c
from any person, for the purpose of actual or contemplated legal proceedings.
8
For the purposes of paragraph (l)(a) a person shall be treated as having committed an offence under one of articles 6 to 9 if —
a
he has taken an action or been in possession of a thing, and
b
he would have committed an offence under one of those articles if he had been in the Territory at the time when he took the action or was in possession of the thing.
9
A person guilty of an offence under this article shall be liable —
a
on conviction on indictment, to imprisonment for a term not exceeding five years, to a fine or to both,
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Disclosure of information: permission
11
1
A person may disclose to a constable —
a
a suspicion or belief that any money or other property is terrorist property or is derived from terrorist property;
b
any matter on which the suspicion or belief is based.
2
A person may make a disclosure to a constable in the circumstances mentioned in article 10(1) and (3).
3
Paragraphs (1) and (2) shall have effect notwithstanding any restriction on the disclosure of information imposed by statute or otherwise.
4
Where —
a
a person is in employment, and
b
his employer has established a procedure for the making of disclosures of the kinds mentioned in paragraph (1) and article 10(3),
paragraphs (1) and (2) shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.
Disclosure of information: regulated and public sectors
12
Schedule 1, which makes special provision for the disclosure of information by persons in the regulated and public sectors, shall have effect.
Cooperation with police
13
1
A person does not commit an offence under any of articles 6 to 9 if he is acting with the express consent of a constable.
2
Subject to paragraphs (3) and (4), a person does not commit an offence under any of articles 6 to 9 by involvement in a transaction or arrangement relating to money or other property if he discloses to a constable —
a
his suspicion or belief that the money or other property is terrorist property, and
b
the information on which his suspicion or belief is based.
3
Paragraph (2) applies only where a person makes a disclosure —
a
after he becomes involved in the transaction or arrangement concerned,
b
on his own initiative, and
c
as soon as is reasonably practicable.
4
Paragraph (2) does not apply to a person if —
a
a constable forbids him to continue his involvement in the transaction or arrangement to which the disclosure relates, and
b
he continues his involvement.
5
It is a defence for a person charged with an offence under any of articles 6(2) and (3) and 7 to 9 to prove that —
a
he intended to make a disclosure of the kind mentioned in paragraphs (2) and (3), and
b
there is reasonable excuse for his failure to do so.
6
Where —
a
a person is in employment, and
b
his employer has established a procedure for the making of disclosures of the same kind as may be made to a constable under paragraph (2),
this article shall have effect in relation to that person as if any reference to disclosure to a constable included a reference to disclosure in accordance with the procedure.
7
A reference in this article to a transaction or arrangement relating to money or other property includes a reference to use or possession.
Penalties
14
A person guilty of an offence under any of articles 6 to 9 shall be 1iable —
a
on conviction on indictment, to imprisonment for a term not exceeding fourteen years, to a fine or to both, or
b
on summary conviction, to imprisonment for a term not exceeding six months, to a fine not exceeding the statutory maximum or to both.
Forfeitures
15
1
The court by or before which a person is convicted of an offence under any of articles 6 to 9 may make a forfeiture order in accordance with the provisions of this article.
2
Where a person is convicted of an offence under article 6(1) or (2) or 7, the court may order the forfeiture of any money or other property —
a
which, at the time of the offence, he had in his possession or under his control, and
b
which, at that time, he intended should be used, or had reasonable cause to suspect might be used, for the purposes of terrorism.
3
Where a person is convicted of an offence under article 6(3) the court may order the forfeiture of any money or other property —
a
which, at the time of the offence, he had in his possession or under his control, and
b
which, at that time, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
4
Where a person is convicted of an offence under article 8 the court may order the forfeiture of the money or other property —
a
to which the arrangement in question related, and
b
which, at the time of the offence, he knew or had reasonable cause to suspect would or might be used for the purposes of terrorism.
5
Where a person is convicted of an offence under article 9 the court may order the forfeiture of the money or other property to which the arrangement in question related.
6
Where a person is convicted of an offence under any of articles 6 to 9, the court may order the forfeiture of any money or other property which wholly or partly, and directly or indirectly, is received by any person as a payment or other reward in connection with the commission of the offence.
7
Where a person other than the convicted person claims to be the owner of or otherwise interested in anything which can be forfeited by an order under this article, the court shall give him an opportunity to be heard before making an order.
8
Schedule 2 (which makes further provision in relation to forfeiture orders under this article) shall have effect.
Forfeiture of terrorist cash
16
1
Schedule 3 (which makes provision for enabling cash which —
a
is intended to be used for the purposes of terrorism, or
b
is, or represents, property obtained through terrorism,
to be forfeited in civil proceedings before a magistrate’s court) shall have effect.
2
The powers conferred by Schedule 3 are exercisable in relation to any cash whether or not proceedings have been brought for an offence in connection with the cash.
3
Expressions used in this article have the same meanings as in Schedule 3.
PART III
ACCOUNT MONITORING ORDERS
Account monitoring orders
17
Schedule 4 (account monitoring orders) shall have effect.
PART IV
TERRORIST FINANCE OFFENCES: JURISDICTION
Terrorist finance: things done outside the Territory
18
1
If —
a
a person does anything outside the Territory, and
b
his action would have constituted the commission of an offence under any of articles 6 to 9 if it had been done in the Territory,
he shall be guilty of the offence.
2
For the purposes of paragraph (l)(b), article 9(1)(b) shall be read as if for “the jurisdiction” there were substituted “a jurisdiction”.
PART V
GENERAL
Police powers
19
1
A power conferred by virtue of this Order on a constable —
a
is additional to powers which he has at common law or by virtue of any other law in force in the Territory, and
b
shall not be taken to affect those powers.
2
A constable may if necessary use reasonable force for the purposes of exercising a power conferred on him by virtue of this Order.
3
Where anything is seized by a constable under a power conferred by virtue of this Order, it may (unless the contrary intention appears) be retained for so long as is necessary in all the circumstances.
Consent to prosecution
20
Proceedings for an offence under this Order shall not be instituted without the consent of the Attorney General.
Crown servants, regulators etc.
21
1
The Governor may by order provide for any of articles 6 to 14 to apply to persons serving in a civil capacity in offices under the Crown in respect of the government of the Territory.
2
The Governor may by order provide for article 10 not to apply to persons who are in his opinion performing or connected with the performance of regulatory, supervisory, investigative or registration functions of a public nature.
3
An order made under this article —
a
may make different provision for different purposes,
b
may make provision which is to apply only in specified circumstances, and
c
may make provision which applies only to particular persons or persons of a particular description.
Evidence
22
1
A document which purports to be —
a
an order made by the Governor for the purposes of paragraph 19 of Schedule 2 or paragraph 19 of Schedule 3, and
b
signed by him or on his behalf,
shall be received in evidence and shall, until the contrary is proved, be deemed to have been made by the Governor.
2
A document bearing a certificate which —
a
purports to be signed by or on behalf of the Governor, and
b
states that the document is a true copy of an order made by the Governor for the purposes of a provision mentioned in paragraph (l)(a),
shall be evidence of the document in legal proceedings.
3
Any order made by the Governor for the purposes of any provision of this Order other than a provision mentioned in paragraph (1)(a) shall be published in the Official Gazette of the Territory, and a copy of the issue of the Official Gazette in which there is published what purports to be the text of that order shal1 be evidence of the fact that it was made in the terms stated in the Official Gazette and was published therein on the date on which that issue purports to have been published.
4
No person shall be guilty of an offence, or be liable to any penalty, by reason of an order made by the Governor such as is mentioned in paragraph (3) in respect of anything done or omitted before the publication of that order in the Official Gazette.
Orders and directions
23
An order made or a direction given under this Order may be varied or revoked by a further such order or direction, as the case may be.
A.K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rushmoor and Hart Primary Care Trust (Change of Name) Order 2002 and shall come into force on 8th March 2002.
2
In this Order “ the Order ” means the Rushmoor and Hart Primary Care Trust (Establishment) Order 2001 ; and
“ the trust ” means the trust established by the Order.
Change of name of Primary Care Trust and transitional provisions
2
1
The trust shall be called the Blackwater Valley Primary Care Trust instead of the Rushmoor and Hart Primary Care Trust and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Rushmoor and Hart” there shall be substituted the words “Blackwater Valley”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name;
and all instruments and other documents which refer to the trust under its previous name shall be construed as if referring to it under its new name.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
26th February 2002


text:
Citation and commencement
1
1
This Order may be cited as the Fenland Primary Care Trust (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ Principal Order ” means the Fenland Primary Care Trust (Establishment) Order 2000 ;
“ the trust ” means the Primary Care Trust established by the Principal Order.
Change of name of Primary Care trust and transitional provisions
2
1
The trust shall be called the East Cambridgeshire and Fenland Primary Care Trust instead of the Fenland Primary Care Trust, and accordingly in article 1 of the Principal Order in the definition of “the trust”, and in article 2 of the Principal Order, for “Fenland” there shall be substituted “East Cambridgeshire and Fenland”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of Schedule to the Principal Order
3
For the Schedule to the Principal Order, there is substituted the following Schedule —
SCHEDULE
AREA OF TRUST
Article 3
In the District of Fenland —
The electoral wards of —
Benwick and Doddington, Chatteris East, Chatteris North, Chatteris South, Chatteris West, Elm, Leverington, Manea, March East, March North, March West, Newton and Tydd St. Giles, Outwell and Upwell, Parson Drove and Wisbech St. Mary, Wimblington, Wisbech East, Wisbech North, Wisbech North-East, Wisbech South-West.
In the District of East Cambridgeshire —
The electoral wards of —
Burwell, Cheveley, Downham, Dullingham Villages, Ely Nothern, Ely Southern, Ely West, Fordham Villages, Haddenham, Isleham, Littleport, Soham, Stretham, Sutton, The Swaffhams, Witchford, Woodditton.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the European Union Extradition Regulations 2002 and shall come into force on a date to be notified in the London, Edinburgh and Belfast Gazettes.
2
In these Regulations “ the Act ” means the Extradition Act 1989 .
Application of the 1989 Act
2
1
The Act is amended as set out in Schedule 9 to these Regulations.
2
These Regulations apply only to requests for return made by a foreign state to the United Kingdom or by the United Kingdom to a foreign state after the coming into force of the Regulations.
3
Where a state has made a declaration under Article 6(3) of the 1996 Convention, in the application of the Act by virtue of the European Convention on Extradition Order 2001 , Article 5 of the European Convention on Extradition shall not apply, and extradition shall not be refused to that state in respect of an offence which is connected with excise, value added tax or customs.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
25th February 2002


text:
1
This Order may be cited as the A590 Trunk Road (Levens Slip Road) (Detrunking) Order 2002 and shall come into force on 1st April 2003.
2
In this Order —
i
“the plan” means the plan, numbered HA 10/OD/338 and marked “The A590 Trunk Road (Levens Slip Road) (Detrunking) Order 2002,” signed by the Secretary of State for Transport and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A590 Trunk Road.
3
The lengths of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Kevin Lasbury
A Divisional Director, Highways Agency
19th September 2002


text:
1
This Order may be cited as the A15 Trunk Road (North of Lincoln to North Lincolnshire Border) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A15 Trunk Road.
iii
“the plan” means the plan, numbered HA 10/OD/407, marked “The A15 Trunk Road (North of Lincoln to North Lincolnshire Border) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
Citation and commencement
1
These Regulations may be cited as the Vehicles Crime (Registration of Registration Plate Suppliers) (England and Wales) Regulations 2002 and shall come into force on 1st January 2003.
Interpretation
2
In these Regulations —
“ the Act ” means the Vehicles (Crime) Act 2001;
“company” means a body corporate; and
any reference to a document described by the letter V and a number is a reference to a document issued by the Secretary of State bearing that letter and number.
Exempted activity
3
The activity of selling a vehicle which is fitted with registration plates where the seller is a dealer in vehicles and has arranged the first registration in the United Kingdom of the vehicle on behalf of the intending purchaser, is not an activity which consists in selling registration plates.
Prescribed particulars of register
4
The register of persons carrying on business as registration plate suppliers established and maintained by the Secretary of State under section 18(1) of the Act shall contain the following particulars as respects each registered person’s entry —
a
in the case of a sole trader —
i
the full name and usual residential address of the trader;
ii
any other name under which he trades and the address of any premises where he carries on the business as a registration plate supplier;
b
in the case of a company —
i
its name and number under which it is registered, and
ii
the address of its principal place of business and the address of any other premises where it carries on the business of registration plate supplier;
c
in the case of a partnership —
i
the name of the firm, and
ii
the address of its principal place of business and the address of any other premises where it carries on the business of registration plate supplier;
d
a telephone number for the registered person;
e
the date of registration and of any subsequent suspension of registration;
f
details of any conviction for an offence under Part 2 of the Act where the date of that conviction is less than five years, or in the case of a person who was under eighteen years of age at the date of his conviction, 30 months, before the date on which the register is being maintained;
g
the identity number allotted by the Secretary of State on registration of the registered supplier.
Requirements for applications for registration
5
An application for registration under section 19 of the Act shall —
a
contain the information which an entry in the register in respect of the applicant is required to contain by virtue of paragraphs (a) to (d) of regulation 4, and
b
be accompanied by a fee of £40 in respect of each premises to be entered in the register as the principal place of business or one at which the business of supplying registration plates is or is to be carried on.
Information on sale of registration plates
6
1
Before selling a registration plate, a person registered under the Act shall, subject to paragraph (5), obtain from his prospective purchaser, before the completion of the sale, the information described in paragraph (2).
2
The information is —
a
where the purchaser is an individual, his name and usual residential address,
b
where the purchaser is a company, its registered name and principal place of business, or in the case of a partnership, the name of the firm and its principal place of business,
c
where an individual acts for the purchaser, his name and usual residential address,
d
the registration mark to be shown on the plate,
e
in the case of a registration plate being fitted to a vehicle by a person carrying on the business of a vehicle body repairer at the request of an insurance company, the name of that company and the number of the insurance policy in question,
f
the connection of the purchaser, or of the person for whom he is acting, with the registration mark or the vehicle on which the registration plate is intended to be affixed.
3
The information as to the name and address either of the purchaser being an individual or of the individual acting for the purchaser shall be verified by the person registered under the Act against the documents described in Part I of the Schedule.
4
Subject to paragraph (6), the information required by paragraph (2)(f) shall be verified by the person registered under the Act against a document described in Part II of the Schedule.
5
The information described in paragraph (2) to (4) need not be obtained in relation to any sale —
a
to a registered person, or
b
to a person who carries on the activity described in regulation 3.
6
In the case described in paragraph (2)(e), and where the records contain the information there described, paragraph (4) does not apply.
7
Section 25(3) of the Act shall apply to the provisions of this regulation.
Keeping of records by registered persons
7
1
Every person registered under section 18 of the Act shall keep records at his principal place of business or at any other premises at which he carries on the business of registration plate supplier.
2
The records shall contain as respects each sale of a registration plate entered into by that person and for a period of three years after that sale —
a
the information required to be obtained by regulation 6;
b
a description of the method by which the purchaser or person acting for him paid;
c
where payment is by debit or credit card, the name of the issuer and account number;
d
where the payment is by cheque, the name of the bank on which it is drawn, and the account number;
e
a statement of the document used to verify in accordance with regulation 6(3) the name and address of an individual;
f
where that document is a driving licence, the driver number (or in the case of a non-UK licence equivalent number) from it;
g
a statement of the document used to verify in accordance with regulation 6(4) the connection with the registration mark or the vehicle; and
h
where that document is the V5 or the authorisation described at head (7) of Part II of the Schedule, either the reference number from the V5 or the vehicle identification number.
3
Section 24 (3) of the Act applies to the provisions of this regulation.
Signed by the authority of the Secretary of State
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
2nd December 2002


text:
Title and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Department of Trade and Industry Investigations) Order 2002 and shall come into force on 14th October 2002.
Definitions
2
In this Order —
“ the Act ” means the Police and Criminal Evidence Act 1984;
“ DTI investigator” means an officer of the department of the Secretary of State for Trade and Industry or any other person acting on that Secretary of State’s behalf; and
“DTI investigation” means an investigation which relates to a serious arrestable offence or to anything which there are reasonable grounds for suspecting has involved the commission of a serious arrestable offence, conducted by a DTI investigator in the discharge of a duty to investigate offences.
Application of certain provisions of the Act to DTI investigations
3
1
Subject to the modifications set out in article 4 —
a
the provisions of Schedule 1 to the Act so far as they relate to special procedure material, and
b
the other provisions of the Act so far as they relate to the provisions falling within sub-paragraph (a) of this paragraph, shall apply for the purposes of DTI investigations as they apply for the purposes of investigations of offences conducted by police officers.
2
The investigations for the purpose of which the provisions of the Act referred to in paragraph (1) are applied by this Order include investigations of offences committed, or suspected of having been committed, before the coming into force of this Order or of section 114A of the Act.
Modifications
4
1
For the purposes of article 3, the modifications are as follows.
2
Section 9 shall have effect as if the word “constable” in section 9(1) were omitted and replaced by the words “DTI investigator”.
3
Section 15 of the Act shall have effect as if the word “DTI investigator or” were inserted before the word “constable” where it appears in section 15(2) and (4).
4
Section 20 shall have effect as if after the word “ constable” were inserted the words “or a DTI investigator”.
5
Section 21 shall have effect as if —
a
the words “or DTI investigator” were inserted after the word “constable” wherever it appears;
b
in section 21(3) the word “police” was omitted and replaced by the words “department of the Secretary of State for Trade and Industry”;
c
the words “or DTI investigator” were inserted after the word “officer” where it appears in section 21(2) and where it appears for the second time in both section 21(3) and section 21(4) was omitted and replaced by the words “department of the Secretary of State for Trade and Industry”;
d
the words “officer in charge of an investigation” were omitted and replaced by the words “department of the Secretary of State for Trade and Industry”;
e
in section 21(8) the words “lawfully seized by a constable or a DTI investigator” were inserted between the words “anything” and “if” and the words “for the purposes of which it was seized” were omitted;
f
in section 21(8)(a) the words “that investigation” were omitted and replaced by the words “the investigation of the offence for the purposes of which the warrant was granted”; and
g
in section 21(8)(a)(i) the words “of which he is in charge” were omitted and replaced by the words “mentioned in paragraph (a) above”.
6
Section 22(1) shall have effect as if the words “or a DTI investigator” were inserted after the word “constable” wherever it appears.
7
Schedule 1 shall have effect as if —
a
in paragraphs 1, 4, 5, 11 whenever it appears and where it appears for the first time in paragraph 12 the word “constable” was omitted and replaced by the words “DTI investigator”;
b
in paragraph 1 the words “one or other of the sets of access conditions is” were omitted and replaced by the words “the access conditions are”;
c
in paragraph 2 the words “first set of access conditions is” were omitted and replaced by the words “access conditions are”;
d
paragraph 3 were omitted ;
e
in paragraph 6 the words “or a DTI investigator” were inserted after the word “constable”;
f
in paragraph 12(a)(i) the words “either set of” were omitted and replaced by the word “the” and the word “is” was omitted and replaced by the word “are”;
g
the word “or” in paragraph 12(a)(ii) was omitted;
h
paragraph 12(b) were omitted;
i
after the word “constable” where it appears for the second time in paragraph 12, the words “together with any other person named in it and any other constables” were inserted; and
j
in paragraph 13 the words “or a DTI investigator named in the warrant” were inserted after the word “constable”.
Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
10th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-Related Benefits (Subsidy to Authorities) Amendment Order 2002 and shall come into force on 17th August 2002.
2
In this Order, “the principal Order ” means the Income-Related Benefits (Subsidy to Authorities) Order 1998 .
Scottish Homes
2
For the year commencing on 1st April 2001, the amount referred to as the maximum in article 13(2)(a) of the principal Order shall be “£682,145”.
Sums to be used in the calculation of subsidy
3
For Schedule 1 to the principal Order , there shall be substituted the Schedule set out in Schedule 1 to this Order for the year commencing on 1st April 2001.
Thresholds for subsidy on rent allowances
4
For the table in Part V of Schedule 4 to the principal Order , there shall be substituted the table in Schedule 2 to this Order for the year commencing on 1st April 2001.
Amendment of Schedule 5
5
In paragraph 1(2) of Schedule 5 to the principal Order (benefit savings threshold) , for the year commencing on 1st April 2001 —
a
for the definition of “F” there shall be substituted:
F is —
where an authority identified in column (1) of Schedule 1 is operating the weekly benefit savings scheme and that authority —
has not been certified by the Secretary of State as having complied with the verification framework in the relevant year, the sum specified in column (6a) of Schedule 1; or
has been certified by the Secretary of State as having complied with the verification framework in the relevant year, the sum specified in column (6b) of Schedule 1; or
where an authority identified in column (1) of Schedule 1 is operating the new incentive scheme, the sum specified in column (6c) of Schedule 1;
;
b
after the definition of “intervention”, there shall be inserted:
“new incentive scheme” means the scheme set out in the following circulars issued by the Secretary of State —
HB/CTB F12/2000; and
HB/CTB F19/2001;
;
c
after the definition of “verification framework”, there shall be inserted:
“weekly benefit savings scheme” means the scheme set out in the following circulars issued by the Secretary of State —
HB/CTB F17/1998; and
HB/CTB F13/2000.
.
Amendment of Schedule 1
6
1
Column (5) of Schedule 1 to the principal Order (additional subsidy) shall be amended by substituting “£134,827” for “£132,827” in respect of Sefton.
2
This article shall have effect in respect of the year commencing on 1st April 2000.
Signed by authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary-Under Secretary of State,
Department for Work and Pensions
15th July 2002
We consent,
P. Woolas
J. Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2002


text:
Citation and commencement
1
These Regulations may be cited as the Dangerous Substances and Explosive Atmospheres Regulations 2002 and shall come into force —
a
as respects all regulations except for regulations 5(4)(c), 7, 11, 15(2), 16(2) and 17(1) to (3) on 9th December 2002;
b
as respects regulations 15(2) and 16(2) on 5th May 2003; and
c
as respects regulations 5(4)(c), 7, 11 and 17(1) to (3) on 30th June 2003.
Interpretation
2
In these Regulations —
“approved classification and labelling guide” means the “Approved Guide to the Classification and Labelling of Dangerous Substances and Dangerous Preparations” (5th edition) approved by the Health and Safety Commission on 16th April 2002;
“the CHIP Regulations ” means the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 ;
“dangerous substance” means —
a substance or preparation which meets the criteria in the approved classification and labelling guide for classification as a substance or preparation which is explosive, oxidising, extremely flammable, highly flammable or flammable, whether or not that substance or preparation is classified under the CHIP Regulations;
a substance or preparation which because of its physico-chemical or chemical properties and the way it is used or is present at the workplace creates a risk, not being a substance or preparation falling within subparagraph (a) above; or
any dust, whether in the form of solid particles or fibrous materials or otherwise, which can form an explosive mixture with air or an explosive atmosphere, not being a substance or preparation falling within subparagraphs (a) or (b) above;
“explosive atmosphere” means a mixture, under atmospheric conditions, of air and one or more dangerous substances in the form of gases, vapours, mists or dusts in which, after ignition has occurred, combustion spreads to the entire unburned mixture;
“hazard” means the physico-chemical or chemical property of a dangerous substance which has the potential to give rise to fire, explosion, or other events which can result in harmful physical effects of a kind similar to those which can be caused by fire or explosion, affecting the safety of a person, and references in these Regulations to “hazardous” shall be construed accordingly;
“offshore installation” has the same meaning as it is given by regulation 3 of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 insofar as that regulation extends to mineral extracting industries within the scope of Article 2(a) of Council Directive 92/91/ EEC concerning the minimum requirements for improving the safety and health protection of workers in the mineral-extracting industries through drilling ;
“personal protective equipment” means all equipment which is intended to be worn or held by a person at work and which protects that person against one or more risks to his safety, and any addition or accessory designed to meet that objective;
“preparation” means a mixture or solution of two or more substances;
“public road” means (in England and Wales) a highway maintainable at public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning assigned to that term by section 151 of the Roads (Scotland) Act 1984 ;
“risk” means the likelihood of a person’s safety being affected by harmful physical effects being caused to him from fire, explosion or other events arising from the hazardous properties of a dangerous substance in connection with work and also the extent of that harm;
“risk assessment” means the assessment of risks required by regulation 5(1);
“safety data sheet” means a safety data sheet within the meaning of regulation 5 of the CHIP Regulations;
“substance” means any natural or artificial substance whether in solid or liquid form or in the form of a gas or vapour;
“workplace” means any premises or part of premises used for or in connection with work, and includes —
any place within the premises to which an employee has access while at work; and
any room, lobby, corridor, staircase, road or other place —
used as a means of access to or egress from that place of work, or,
where facilities are provided for use in connection with that place of work,
other than a public road; and
“work processes” means all technical aspects of work involving dangerous substances and includes —
appropriate technical means of supervision,
connecting devices,
control and protection systems,
engineering controls and solutions,
equipment,
materials,
machinery,
plant,
protective systems, and
warning and other communication systems.
Application
3
1
These Regulations, apart from regulations 15, 16 and 17(4) to (5), shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew which are carried out solely by the crew under the direction of the master and, for the purposes of this paragraph —
a
“ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy or an offshore installation; and
b
the reference to the normal ship-board activities of a ship’s crew includes —
i
the construction, reconstruction or conversion of a ship outside, but not inside, Great Britain; and
ii
the repair of a ship save repair when carried out in dry dock.
2
Regulations 5(4)(c), 7 and 11 shall not apply to —
a
areas used directly for and during the medical treatment of patients;
b
the use of gas appliances burning gaseous fuel (that is to say, any fuel which is in a gaseous state at a temperature of 15°C under a pressure of 1 bar) which —
i
are used for cooking, heating, hot water production, refrigeration, lighting or washing; and
ii
have, where applicable, a normal water temperature not exceeding 105°C
including forced draught burners and heating bodies to be equipped with such burners but not including an appliance specifically designed for use in an industrial process carried out on industrial premises;
c
gas fittings within the meaning of the Gas Safety (Installation and Use) Regulations 1998 located in domestic premises, not being gas appliances falling within subparagraph (b);
d
the manufacture, handling, use, storage and transport of explosives or chemically unstable substances;
e
any activity at a mine within the meaning of section 180 of the Mines and Quarries Act 1954 carried out for the purposes of the mine;
f
any activity at a quarry within the meaning of regulation 3 of the Quarries Regulations 1999 carried out for the purposes of the quarry;
g
any activity at a borehole site within the meaning of regulation 2(1) of the Borehole Sites and Operations Regulations 1995 carried out for the purposes of the borehole site;
h
any activity at an offshore installation carried out for the purposes of the offshore installation; and
i
the use of means of transport by land, water or air which is regulated by international agreements and the European Community Directives giving effect to them insofar as they fall within the disapplication in Article 1.2.(e) of Council Directive 99/92/ EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres , except for any means of transport intended for use in a potentially explosive atmosphere.
3
Regulations 5(2)(f), (g), (h) and (i), 6(4)(d), 6(5)(b) and (e) and 8(1)(d) and (e) and the requirements of paragraphs 5 and 6 of Schedule 1 shall not apply to any activity at an offshore installation carried out for the purposes of the offshore installation.
Duties under these Regulations
4
1
Where a duty is placed by these Regulations on an employer in respect of his employees, he shall, so far as is reasonably practicable, be under a like duty in respect of any other person, whether at work or not, who may be affected by the work carried on by the employer, except that —
a
the duties of the employer under regulations 6(5)(f) and 7(5) (which relate, respectively, to the provision of suitable personal protective equipment and the provision of appropriate work clothing) shall not extend to persons who are not his employees; and
b
the duties of the employer under regulations 8 and 9 (which relate, respectively, to dealing with accidents and to provision of information, instruction and training) shall not extend to persons who are not his employees, unless those persons are at the workplace where the work is being carried on and subject to the following, namely, that, in relation to the application of regulation 9 to such persons, regulation 9 shall apply to the extent that is required by the nature and the degree of the risk.
2
These Regulations shall apply to a self-employed person as they apply to an employer and an employee and as if that self-employed person were both an employer and employee.
Risk assessment
5
1
Where a dangerous substance is or is liable to be present at the workplace, the employer shall make a suitable and sufficient assessment of the risks to his employees which arise from that substance.
2
The risk assessment shall include consideration of —
a
the hazardous properties of the substance;
b
information on safety provided by the supplier, including information contained in any relevant safety data sheet;
c
the circumstances of the work including —
i
the work processes and substances used and their possible interactions;
ii
the amount of the substance involved;
iii
where the work will involve more than one dangerous substance, the risk presented by such substances in combination; and
iv
the arrangements for the safe handling, storage and transport of dangerous substances and of waste containing dangerous substances;
d
activities, such as maintenance, where there is the potential for a high level of risk;
e
the effect of measures which have been or will be taken pursuant to these Regulations;
f
the likelihood that an explosive atmosphere will occur and its persistence;
g
the likelihood that ignition sources, including electrostatic discharges, will be present and become active and effective;
h
the scale of the anticipated effects of a fire or an explosion;
i
any places which are or can be connected via openings to places in which explosive atmospheres may occur; and
j
such additional safety information as the employer may need in order to complete the risk assessment.
3
The risk assessment shall be reviewed by the employer regularly so as to keep it up to date and particularly if —
a
there is reason to suspect that the risk assessment is no longer valid; or
b
there has been a significant change in the matters to which the risk assessment relates including when the workplace, work processes, or organisation of the work undergoes significant changes, extensions or conversions;
and where, as a result of the review, changes to the risk assessment are required, those changes shall be made.
4
Where the employer employs five or more employees, the employer shall record the significant findings of the risk assessment as soon as is practicable after that assessment is made, including in particular —
a
the measures which have been or will be taken by him pursuant to these Regulations;
b
sufficient information to show that the workplace and work processes are designed, operated and maintained with due regard for safety and that, in accordance with the Provision and Use of Work Equipment Regulations 1998 , adequate arrangements have been made for the safe use of work equipment; and
c
where an explosive atmosphere may occur at the workplace and subject to the transitional provisions in regulation 17(1) to (3), sufficient information to show —
i
those places which have been classified into zones pursuant to regulation 7(1);
ii
equipment which is required for, or helps to ensure, the safe operation of equipment located in places classified as hazardous pursuant to regulation 7(1);
iii
that any verification of overall explosion safety required by regulation 7(4) has been carried out; and
iv
the aim of any co-ordination required by regulation 11 and the measures and procedures for implementing it.
5
No new work activity involving a dangerous substance shall commence unless —
a
an assessment has been made; and
b
the measures required by these Regulations have been implemented.
Elimination or reduction of risks from dangerous substances
6
1
Every employer shall ensure that risk is either eliminated or reduced so far as is reasonably practicable.
2
In complying with his duty under paragraph (1), substitution shall by preference be undertaken, whereby the employer shall avoid, so far as is reasonably practicable, the presence or use of a dangerous substance at the workplace by replacing it with a substance or process which either eliminates or reduces the risk.
3
Where it is not reasonably practicable to eliminate risk pursuant to paragraphs (1) and (2), the employer shall, so far as is reasonably practicable, apply measures, consistent with the risk assessment and appropriate to the nature of the activity or operation —
a
to control risks, including the measures specified in paragraph (4); and
b
to mitigate the detrimental effects of a fire or explosion or the other harmful physical effects arising from dangerous substances, including the measures specified in paragraph (5).
4
The following measures are, in order of priority, those specified for the purposes of paragraph (3)(a) —
a
the reduction of the quantity of dangerous substances to a minimum;
b
the avoidance or minimising of the release of a dangerous substance;
c
the control of the release of a dangerous substance at source;
d
the prevention of the formation of an explosive atmosphere, including the application of appropriate ventilation;
e
ensuring that any release of a dangerous substance which may give rise to risk is suitably collected, safely contained, removed to a safe place, or otherwise rendered safe, as appropriate;
f
the avoidance of —
i
ignition sources including electrostatic discharges; and
ii
adverse conditions which could cause dangerous substances to give rise to harmful physical effects; and
g
the segregation of incompatible dangerous substances.
5
The following measures are those specified for the purposes of paragraph (3)(b) —
a
the reduction to a minimum of the number of employees exposed;
b
the avoidance of the propagation of fires or explosions;
c
the provision of explosion pressure relief arrangements;
d
the provision of explosion suppression equipment;
e
the provision of plant which is constructed so as to withstand the pressure likely to be produced by an explosion; and
f
the provision of suitable personal protective equipment.
6
The employer shall arrange for the safe handling, storage and transport of dangerous substances and waste containing dangerous substances.
7
The employer shall ensure that any conditions necessary pursuant to these Regulations for ensuring the elimination or reduction of risk are maintained.
8
The employer shall, so far as is reasonably practicable, take the general safety measures specified in Schedule 1, subject to those measures being consistent with the risk assessment and appropriate to the nature of the activity or operation.
Places where explosive atmospheres may occur
7
1
Every employer shall classify places at the workplace where an explosive atmosphere may occur into hazardous or non-hazardous places in accordance with paragraph 1 of Schedule 2 and shall classify those places so classified as hazardous into zones in accordance with paragraph 2 of that Schedule; and that Schedule shall have effect subject to the notes at the end of that Schedule.
2
The employer shall ensure that the requirements specified in Schedule 3 are applied to equipment and protective systems in the places classified as hazardous pursuant to paragraph (1).
3
Where necessary, places classified as hazardous pursuant to paragraph (1) shall be marked by the employer with signs at their points of entry in accordance with Schedule 4.
4
Before a workplace containing places classified as hazardous pursuant to paragraph (1) is used for the first time, the employer shall ensure that its overall explosion safety is verified by a person who is competent in the field of explosion protection as a result of his experience or any professional training or both.
5
The employer shall ensure that appropriate work clothing which does not give rise to electrostatic discharges is provided for use in places classified as hazardous pursuant to paragraph (1).
6
This regulation is subject to the transitional provisions in regulation 17(1) to (3).
Arrangements to deal with accidents, incidents and emergencies
8
1
Subject to paragraph (4), in order to protect the safety of his employees from an accident, incident or emergency related to the presence of a dangerous substance at the workplace, the employer shall ensure that —
a
procedures, including the provision of appropriate first-aid facilities and relevant safety drills (which shall be tested at regular intervals), have been prepared which can be put into effect when such an event occurs;
b
information on emergency arrangements, including —
i
details of relevant work hazards and hazard identification arrangements, and
ii
specific hazards likely to arise at the time of an accident, incident or emergency,
is available;
c
suitable warning and other communication systems are established to enable an appropriate response, including remedial actions and rescue operations, to be made immediately when such an event occurs;
d
where necessary, before any explosion conditions are reached, visual, or audible, warnings are given and employees withdrawn; and
e
where the risk assessment indicates it is necessary, escape facilities are provided and maintained to ensure that, in the event of danger, employees can leave endangered places promptly and safely.
2
Subject to paragraph (4), the employer shall ensure that information on the matters referred to in paragraph (1)(a), (c) to (e) and the information required by paragraph 1(b) is —
a
made available to relevant accident and emergency services to enable those services, whether internal or external to the workplace, to prepare their own response procedures and precautionary measures; and
b
displayed at the workplace, unless the results of the risk assessment make this unnecessary.
3
Subject to paragraph (4), in the event of an accident, incident or emergency related to the presence of a dangerous substance at the workplace, the employer shall ensure that —
a
immediate steps are taken to —
i
mitigate the effects of the event,
ii
restore the situation to normal, and
iii
inform those of his employees who may be affected; and
b
only those persons who are essential for the carrying out of repairs and other necessary work are permitted in the affected area and they are provided with —
i
appropriate personal protective equipment and protective clothing; and
ii
any necessary specialised safety equipment and plant,
which shall be used until the situation is restored to normal.
4
Paragraphs (1) to (3) shall not apply where —
a
the results of the risk assessment show that, because of the quantity of each dangerous substance at the workplace, there is only a slight risk to employees; and
b
the measures taken by the employer to comply with his duty under regulation 6(1) are sufficient to control that risk.
Information, instruction and training
9
1
Where a dangerous substance is present at the workplace, the employer shall provide his employees with —
a
suitable and sufficient information, instruction and training on the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other employees at the workplace;
b
the details of any such substance including —
i
the name of the substance and the risk which it presents;
ii
access to any relevant safety data sheet; and
iii
legislative provisions which concern the hazardous properties of the substance;
and
c
the significant findings of the risk assessment.
2
The information, instruction and training required by paragraph (1) shall be —
a
adapted to take account of significant changes in the type of work carried out or methods of work used by the employer; and
b
provided in a manner appropriate to the risk assessment.
Identification of hazardous contents of containers and pipes
10
Where containers and pipes used at work for dangerous substances are not marked in accordance with relevant requirements of the legislation listed in Schedule 5, the employer shall, subject to any derogations provided for in that legislation, ensure that the contents of those containers and pipes, together with the nature of those contents and any associated hazards, are clearly identifiable.
Duty of co-ordination
11
Where two or more employers share the same workplace (whether on a temporary or a permanent basis) where an explosive atmosphere may occur, the employer responsible for the workplace shall co-ordinate the implementation of all the measures required by these Regulations to be taken to protect employees from any risk from the explosive atmosphere.
Extension outside Great Britain
12
These Regulations shall apply outside Great Britain as sections 1 to 59 and 80 to 82 of the 1974 Act apply by virtue of the Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 .
Exemption certificates
13
1
Subject to paragraph (2), the Health and Safety Executive may, by a certificate in writing, exempt any person or class of persons or any dangerous substance or class of dangerous substances from all or any of the requirements or prohibitions imposed by or under these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing.
2
The Health and Safety Executive shall not grant any such exemption unless, having regard to the circumstances of the case, and in particular to —
a
the conditions, if any, which it proposes to attach to the exemption; and
b
any requirements imposed by or under any enactments which apply to the case,
it is satisfied that the health and safety of persons who are likely to be affected by the exemption will not be prejudiced in consequence of it and that the exemption will be compatible with the requirements of the Directives.
3
For the purposes of paragraph (2), “the Directives” means Council Directive 98/24/EC on the protection of the health and safety of workers from the risks related to chemical agents at work and Council Directive 99/92/EC on minimum requirements for improving the safety and health protection of workers potentially at risk from explosive atmospheres .
Exemptions for Ministry of Defence etc.
14
1
In this regulation —
a
“ Her Majesty’s Forces ” means any of the naval, military or air forces of the Crown, whether raised inside or outside the United Kingdom and whether any such force is a regular, auxiliary or reserve force, and includes any civilian employed by those forces;
b
“visiting force” has the same meaning as it does for the purposes of any provision of Part 1 of the Visiting Forces Act 1952 ; and
c
“headquarters” means a headquarters for the time being specified in Schedule 2 to the Visiting Forces and International Headquarters (Application of Law) Order 1999 .
2
The Secretary of State for Defence may, in the interests of national security, by a certificate in writing, exempt —
a
any of Her Majesty’s Forces,
b
any visiting force,
c
any member of a visiting force working in or attached to a headquarters, or
d
any person engaged in work involving dangerous substances, if that person is under the direct supervision of a representative of the Secretary of State for Defence,
from all or any of the requirements or prohibitions imposed by these Regulations and any such exemption may be granted subject to conditions and to a limit of time and may be revoked at any time by a certificate in writing, except that, where any such exemption is granted, suitable arrangements shall be made for the assessment of the risk to safety created by the work involving dangerous substances and for adequately controlling the risk to persons to whom the exemption relates.
Amendments
15
1
The Acts and instruments referred to in Part 1 of Schedule 6 shall be amended in accordance with that Part.
2
The instruments referred to in Part 2 of Schedule 6 shall be amended in accordance with that Part.
Repeals and revocations
16
1
The Act and instruments referred to in column 1 of Part 1 of Schedule 7 shall be repealed or revoked to the extent specified in the corresponding entry in column 3 of that Part.
2
The Act and instruments referred to in column 1 of Part 2 of Schedule 7 shall be repealed or revoked to the extent specified in the corresponding entry in column 3 of that Part.
Transitional provisions
17
1
The requirements of regulation 7(2) and Schedule 3 shall not apply to equipment and protective systems for use in places where explosive atmospheres may occur which are or have been in use or made available at the workplace on or before 30th June 2003.
2
Subject to paragraphs (1) and (3), a workplace which contains places where explosive atmospheres may occur —
a
which is or has been in use on or before 30th June 2003 shall comply with the requirements of regulations 7 and 11 no later than 30th June 2006 and the employer’s duties under those regulations in respect of such a workplace shall apply accordingly;
b
which is used for the first time after 30th June 2003 shall comply with the requirements of regulations 7 and 11 from the date that it is first used and the employer’s duties under those regulations in respect of such a workplace shall apply accordingly.
3
If, after 30th June 2003, any modification, extension or restructuring is undertaken in workplaces containing places where explosive atmospheres may occur, the employer shall take the necessary steps to ensure that the modification, extension or restructuring complies with the requirements of regulations 7 and 11 and the employer’s duties under those regulations and in respect of such a modification, extension or restructuring shall apply accordingly.
4
Notwithstanding the amendment made to section 2(1) of the Petroleum (Consolidation) Act 1928 (provisions as to licences) made by regulation 15(1) and paragraph 2(1) and (2) of Schedule 6, a petroleum-spirit licence applying in any harbour which was granted by a harbour authority pursuant to section 2 of that Act and which is in force immediately before the date of the coming into force of regulation 15(1) and paragraph 2(1) and (2) of Schedule 6 shall continue in force in accordance with such conditions as were attached to it before that date, except that, where it makes provision for the renewal of the licence by the harbour authority, it shall have effect as if it provided for its renewal by the licensing authority under section 2(1)(a) or (c) of that Act for the area in which the harbour is situated; and any application for renewal made to the harbour authority before that date and not determined at that date shall have effect as if it had been made to that licensing authority.
5
Notwithstanding the repeal of section 9 of the Petroleum (Consolidation) Act 1928 (byelaws as to loading, conveyance and landing of petroleum-spirit in and upon canals) by regulation 16(1) and Part 1 of Schedule 7, byelaws made or having effect under that section in force immediately before the date of the coming into force of regulation 16(1) and Part 1 of Schedule 7 shall continue in force.
Signed by order of the Secretary of State
N. Brown
Minister of State
Department for Work and Pensions
7th November 2002


text:
Citation, commencement and interpretation and extent
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the Schedule” means the Schedule to this Order.
3
This Order extends to England only.
Originating capital of NHS trusts
2
The originating capital of an NHS trust specified in column 1 of the Schedule shall be of the amount specified opposite it in column 2 of the Schedule.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State
Department of Health
22nd March 2002
We consent,
Nick Ainger
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
25th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Community Legal Service (Financial) (Amendment No. 2) Regulations 2002 and shall come into force on 5th August 2002.
Interpretation
2
In these Regulations, a reference to a regulation by number alone means the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 .
Transitional provisions
3
These Regulations shall apply to applications for funded services, and further assessments under regulation 15, made on or after 5th August 2002 and applications and further assessments made before that date shall be treated as if these Regulations had not been made.
Amendments to the Community Legal Service (Financial) Regulations 2000
4
1
The following shall be inserted at the end of regulation 5A(1):
“other than those payments which are to be disregarded under regulation 19, and any housing benefit paid under the Social Security Contributions and Benefits Act 1992 .”.
2
In regulation 5A(4):
a
“paragraph (5) and” shall be inserted after “Subject to”; and
b
“£2,250” shall be substituted for “£2,034”.
3
The following shall be inserted after regulation 5A(4):
5
Where the person concerned has more than four dependant children in respect of whom he receives child benefit, the sum referred to in paragraph (4) shall be increased by £145 in respect of the fifth and each subsequent child.
.
5
In regulation 19, “or the gross income” shall be inserted after “disposable income”.
Signed by authority of the Lord Chancellor
Patricia Scotland
Parliamentary Secretary
Lord Chancellor’s Department
6th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Lifespan Health Care Cambridge 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 Lifespan Health Care Cambridge National Health Service Trust ;
“the new Trust” means the Cambridgeshire and Peterborough Mental Health Partnership 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 12th February 2002 and on behalf of the new Trust on 14th February 2002.
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
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
1
This Order may be cited as the Capital Gains Tax (Gilt-edged Securities) Order 2002.
2
The following securities are hereby specified for the purposes of Schedule 9 to the Taxation of Chargeable Gains Act 1992 —
5% Treasury Stock 2008
5% Treasury Stock 2012
5% Treasury Stock 2014
5% Treasury Stock 2025
2% Index-linked Treasury Stock 2035.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Electronic Communications) (Child Benefit) Order 2002 and shall come into force on 28th October 2002.
2
In this Order —
“the Change of Circumstances Regulations ” means the Social Security (Notification of Change of Circumstances) Regulations 2001 ;
“the Child Benefit Regulations ” means the Child Benefit (General) Regulations 1976 ;
“the Guardian’s Allowances Regulations ” means the Social Security (Guardian’s Allowances) Regulations 1975 ;
“the principal Regulations ” means the Social Security (Claims and Payments) Regulations 1987 .
Amendment of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) —
a
immediately before the definition of “appropriate office” there shall be inserted —
“the 2000 Act ” means the Electronic Communications Act 2000;
;
b
after the definition of “disabled person’s tax credit” there shall be inserted —
“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
.
3
After regulation 4B of the principal Regulations (forwarding claims and information) there shall be inserted —
Electronic claims for benefit
4C
1
Any claim for benefit in relation to which this regulation applies, and any certificate, notice, information or evidence given in connection with that claim, may be made or given by means of an electronic communication, in accordance with the provisions set out in Schedule 9C.
2
This regulation applies in relation to child benefit.
.
4
After regulation 32 of the principal Regulations (information to be given when obtaining payment of benefit) there shall be inserted —
Information given electronically
32A
1
Where this regulation applies a person may give any certificate, notice, information or evidence required to be given and in particular may give notice of any change of circumstances required to be notified under regulation 32 by means of an electronic communication, in accordance with the provisions set out in Schedule 9C.
2
This regulation applies in relation to child benefit.
.
5
After Schedule 9B to the principal Regulations (deductions from benefit in respect of child support maintenance and payment to persons with care) there shall be inserted the Schedule set out in the Schedule to this Order.
Amendment of the Child Benefit Regulations
6
After regulation 2 of the Child Benefit Regulations (special provisions as to contributions and expenditure in respect of a child) there shall be inserted —
Electronic elections etc.
2A
A person may give any nomination, election or notice which is required or may be given under regulations 2 , 13 or 14 by means of an electronic communication in accordance with the provisions set out in Schedule 9C to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).
.
Amendment of the Guardian’s Allowances Regulations
7
After regulation 6A of the Guardian’s Allowances Regulations (prescribed manner of making an election) there shall be inserted —
Electronic elections
6B
A person may give any election which is required or may be given under regulation 6A above by means of an electronic communication in accordance with the provisions set out in Schedule 9C to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).
.
Amendment of the Change of Circumstances Regulations
8
After regulation 5(1) of the Change of Circumstances Regulations (change affecting other benefit payment or advantage) there shall be inserted —
1A
The reference in paragraph (1) to notice “in writing” includes where that notice relates to child benefit, notice given or sent in accordance with Schedule 9C to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).
.
Signed by authority of the Secretary of State for Work and Pensions.
Patricia Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th July 2002


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002 and shall come into force on 4th April 2002.
2
These Regulations shall extend to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where otherwise indicated, any expression used both in these Regulations and in the Act has the same meaning as in the Act;
“commercial operation” does not include exporting;
“the Commission Decision” means Commission Decision 2002/247/ EC suspending the placing on the market and import of jelly confectionery containing the food additive E425: Konjac ;
“controlled jelly confectionery” means any jelly confectionery which contains E425: Konjac: (i) Konjac gum (ii) Konjac glucomannane and which is intended for human consumption;
“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;
“jelly confectionery” includes jelly mini-cups; and
“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 .
2
Any term used both in these Regulations and in the Commission Decision has the same meaning as in the Commission Decision.
Prohibitions
3
1
No person shall carry out any commercial operation with respect to any controlled jelly confectionery.
2
For the purposes of paragraph (1), any jelly confectionery which contains E425: Konjac (i) Konjac gum (ii) Konjac glucomannane shall be presumed until the contrary is proved to be controlled jelly confectionery.
3
No person shall use E425: Konjac (i) Konjac gum (ii) Konjac glucomannane in the manufacture of any jelly confectionery which is intended for human consumption.
4
For the purposes of paragraph (3), any jelly confectionery shall be presumed until the contrary is proved to be intended for human consumption.
5
Any person who knowingly contravenes paragraph (1) or (3) 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, it shall be the duty of the food authority for the area in which that place is situated to execute and enforce these Regulations.
3
For the purposes of enabling a port health authority or as the case may be a food authority to carry out its duty of executing and enforcing these Regulations, an authorised officer of that authority shall —
a
have the same powers 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; and
b
be subject to the same obligations as regards the procurement of samples under section 29 of the Act as are imposed on an authorised officer of an enforcement authority by regulations 6 to 8 of the Food Safety (Sampling and Qualifications) Regulations 1990 (in these Regulations referred to as “the 1990 Regulations”), with the modification that any reference in those regulations to section 29 of the Act shall be deemed to be a reference to that section as applied by regulation 5(5).
4
Each port health authority and each 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 for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc.);
b
section 20 (offences due to fault of another person);
c
section 30 (analysis etc. of samples) with the further modifications that —
i
the reference to “section 29 above” in subsection (1) shall be deemed to be a reference to that section as applied by regulation 5(5), and
ii
in the definition of “sample” in subsection (9) the reference to “regulations under section 31 below” shall be deemed to be a reference to regulation 4(3)(b);
d
section 33(1) (obstruction etc. of officers);
e
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 (d);
f
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (d);
g
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (e);
h
section 36 (offences by bodies corporate); and
i
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 jelly confectionery which —
a
has been sold or is offered or exposed for sale; or
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
2
Subsections (3) to (8) below shall apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer that —
a
any person has carried out commercial operations with respect to controlled jelly confectionery, in contravention of regulation 3(1) of the Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002, or
b
any person has used E425: Konjac (i) Konjac gum (ii) Konjac glucomanne in the manufacture of any jelly confectionery which is intended for human consumption, in contravention of regulation 3(3) of those Regulations.
3
The authorised officer may either —
a
give notice to the person in charge of the jelly confectionery that, until the notice is withdrawn, the jelly confectionery or any specified quantity of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the jelly confectionery and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that there has been no contravention of regulation 3(1) or (3) of the above Regulations in relation to the jelly confectionery and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the jelly confectionery and remove it in order to have it dealt with by a justice of the peace.
5
Where an authorised officer exercises the powers conferred by subsection (3)(b) or (4)(b) above, he shall inform the person in charge of the jelly confectionery of his intention to have it 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 prosecution in respect of the jelly confectionery shall, if he attends before the justice of the peace by whom the jelly confectionery falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(1) or (3) of the above Regulations in relation to that jelly confectionery.
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 person has contravened regulation 3(1) or (3) of the above Regulations in relation to any jelly confectionery falling to be dealt with by him under this section, he shall condemn the jelly confectionery and order —
a
the jelly confectionery to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the jelly confectionery.
7
If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any jelly confectionery falls to be dealt with under this section refuses to condemn it, the food authority or, as the case may be, port health authority, shall compensate the owner of the jelly confectionery for any depreciation in its value resulting from the action taken by the authorised officer.
8
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.
9
For the purposes of —
a
subsection (2)(a) above, any jelly confectionery which contains E425: Konjac (i) Konjac gum (ii) Konjac glucomannane shall be presumed until the contrary is proved to be controlled jelly confectionery; and
b
subsection (2)(b) above, any jelly confectionery shall be presumed until the contrary is proved to be intended for human consumption.
.
3
The expressions “controlled jelly confectionery”, “food authority”, “jelly confectionery”, “port health authority” and “for human consumption”, 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 in pursuance of regulation 4(3)(a) of the Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002;
;
c
subsection (c) shall be omitted; and
d
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 (Jelly Confectionery) (Emergency Control) (England) Regulations 2002”.
6
Regulation 9(1) of the 1990 Regulations shall apply for the purposes of these Regulations as if it read as follows —
1
Where a sample procured under section 29 of the Act as applied by regulation 5(5) of the Food (Jelly Confectionery) (Emergency Control) (England) Regulations 2002 has been analysed or examined in pursuance of regulation 4(3)(b) of those Regulations, the owner shall be entitled on request to be supplied with a copy of the certificate or analysis or examination by the authority which, by virtue of regulation 4(1) or (2) of those Regulations, has the duty of enforcing them.
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under-Secretary of State,
Department of Health
3rd April 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Bracknell Forest (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 lst May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“borough” means the borough of Bracknell Forest;
“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 Borough of Bracknell Forest (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 Bracknell Forest Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Bracknell Forest
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eighteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of 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 Bracknell
4
1
The existing wards of the parish of Bracknell shall be abolished.
2
The parish shall be divided into twelve parish wards which shall bear the names Birch Hill, Bullbrook, Crown Wood, Garth, Great Hollands North, Great Hollands South, Hanworth, Harmans Water, Old Bracknell, Priestwood, Town Centre and Wildridings; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Town Centre parish ward shall be one, for each of the Birch Hill, Crown Wood, Garth, Great Hollands North, Hanworth, Priestwood and Wildridings parish wards shall be two, and for each of the Bullbrook, Great Hollands South, Harmans Water and Old Bracknell parish wards shall be three.
Wards of the parish of Crowthorne
5
1
The parish of Crowthorne shall be divided into two parish wards which shall bear the names Crowthorne and Crowthorne South; the Crowthorne parish ward shall comprise the area of the borough ward bearing the same name and the Crowthorne South parish ward shall consist of the rest of the parish.
2
The number of councillors elected for the Crowthorne South parish ward shall be two, and for the Crowthorne parish ward shall be eight.
Wards of the parish of Sandhurst
6
1
The existing wards of the parish of Sandhurst shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Central Sandhurst, College Town, Little Sandhurst and Owlsmoor; the Central Sandhurst, College Town and Owlsmoor parish wards shall comprise the area of the borough ward bearing the same name and the Little Sandhurst parish ward shall consist of the rest of the parish. The number of parish councillors to be elected for each parish ward shall be six.
Wards of the parish of Warfield
7
1
The parish of Warfield shall be divided into four parish wards which shall bear the names Quelm, St Michael's, Warfield Park and Whitegrove; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the St Michael’s parish ward shall be one, for the Warfield Park parish ward shall be two, for the Quelm parish ward shall be three, and for the Whitegrove parish ward shall be seven.
Wards of the parish of Winkfield
8
1
The existing wards of the parish of Winkfield shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward set out in column (2) of that Schedule, and the number of parish councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
9
Bracknell Forest Borough Council shall make a print of the map marked “Map referred to in the Borough of Bracknell Forest (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
10
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
11
The District of Bracknell (Electoral Arrangements) Order 1977 is revoked, save for article 5.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th September 2002
Glyn Mathias
Commissioner
11th September 2002
Neil McIntosh
Commissioner
11th September 2002
Karamjit Singh
Commissioner
11th September 2002
Sam Younger
Commissioner
11th September 2002
Graham Zellick
Commissioner
11th September 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Thurrock (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 6th May 2004 , on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“borough” means the borough of Thurrock;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to a map is a reference to a map marked “Map of the Borough of Thurrock (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 Thurrock Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Thurrock
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in Schedule 1.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of 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.
Elections of the council of Thurrock
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 6th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
The Thurrock Borough Council shall make a print of the map marked “Map of the Borough of Thurrock (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Thurrock (Electoral Changes) Order 1997 is revoked, save for article 3(1) and 3(11).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
29th August 2002
Glyn Mathias
Commissioner
21st August 2002
Neil McIntosh
Commissioner
7th August 2002
Karamjit Singh
Commissioner
7th August 2002
Sam Younger
Commissioner
7th August 2002
Graham Zellick
Commissioner
15th August 2002


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Statutory Powers of Stop and Search) Order 2002 and shall come into force on 1st April 2003.
Statutory powers of stop and search
2
The code of practice laid in draft before Parliament on 7th November 2002 in connection with the matters referred to in section 66(1)(a) of the Act shall come into operation on 1st April 2003.
John Denham
Minister of State
Home Office
11th November 2002