text:
Citation, commencement and effect
1
These Regulations, which may be cited as the Overseas Insurers (Tax Representatives) (Amendment) Regulations 2002, shall come into force on 6th April 2002 and shall have effect in respect of chargeable events occurring on and after that date.
Interpretation
2
In these Regulations “the principal Regulations ” means the Overseas Insurers (Tax Representatives) Regulations 1999 and a reference in regulations 4 to 9 below —
a
to a numbered regulation is a reference to the regulation of the principal Regulations which bears that number; and
b
to a numbered paragraph is a reference to the paragraph of the Schedule to the principal Regulations which bears that number.
Amendment of the principal Regulations
3
Amend the principal Regulations in accordance with regulations 4 to 9 below.
4
In regulation 2 (interpretation) —
a
for the definition of “notice” substitute —
“notice” means notice given either in writing or in such form and by such means of electronic communications as may be approved by directions given by the Board, and “notify” and “notification” shall be construed accordingly;
;
b
omit the definitions of “section 552A” and “section 552B” ;
c
at the end of the definition of “the Taxes Act” for “1988.” substitute —
1988, and a reference to a numbered section, without more, is a reference to the section of the Taxes Act bearing that number.
.
5
In regulation 10(2)(a) omit “of the Taxes Act”.
6
In paragraph 1 in the definition of “gain”, omit “of the Taxes Act”.
7
In paragraph 4(a) for “section 552 of the Taxes Act;” substitute “section 552 (as read with section 552ZA);”.
8
For paragraph 8 substitute —
8
For the purpose of this undertaking a relevant event is —
a
a chargeable event within the meaning of Chapter 2 of Part 13 of the Taxes Act; or
b
a chargeable event which is treated as occurring by reason of regulation 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999 ,
in respect of which an insurer is under an obligation to deliver a certificate under section 552.
.
9
In paragraph 10 —
a
in sub-paragraph (e) for “of the Taxes Act” substitute “, apart from section 553(3)”; and
b
in sub-paragraph (f) for “of the Taxes Act” substitute “, apart from section 553(8)”.
Transitional provision
10
For the purposes of regulation 12(1)(c) of the principal Regulations (release of overseas insurer from requirement to nominate a tax representative), an undertaking given by an overseas insurer before the coming into force of these Regulations, which complied with the terms of Parts II and III of the Schedule to the principal Regulations as then in force, shall have effect as if it were an undertaking in the terms required by the Schedule as amended by these Regulations.
Accordingly any agreement by the Board to release the insurer under regulation 12(1)(c) given before the coming into force of these Regulations shall continue to have effect until the Board give notice of their decision to withdraw from it.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
28th February 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Borough of Poole (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“borough” means the borough of Poole;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Poole (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 Poole Borough Council.
Wards of the borough of Poole
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
Poole Borough Council shall make a print of the map marked “Map referred to in the Borough of Poole (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The Borough of Poole (Electoral Arrangements) Order 1979 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th October 2002
Glyn Mathias
Commissioner
14th November 2002
Neil McIntosh
Commissioner
14h November 2002
Karamjit Singh
Commissioner
19th November 2002
Sam Younger
Commissioner
19th November 2002
Graham Zellick
Commissioner
28th October 2002


text:
1
This Order may be cited as the British Overseas Territories Act 2002 (Commencement) Order 2002.
2
The following provisions of the British Overseas Territories Act 2002 shall come into force on 21st May 2002:
a
sections 3 to 5 and Schedule 1,
b
section 6, and
c
section 7 and Schedule 2, so far as relating to the British Nationality (Falkland Islands) Act 1983 .
Jack Straw
Secretary of State, Foreign and Commonwealth Office
1st May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Walsall Community Health 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 Walsall Community Health National Health Service Trust ;
“the new Trust” means the Walsall Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 5th March 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
John Hutton
Minister of State,
Department of Health
26th March 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Financing of Maintained Schools (England) (Amendment No. 3) Regulations 2002 and shall come into force on 17th December 2002.
2
These Regulations shall apply only in relation to England.
Revocation of the Financing of Maintained Schools (England) (Amendment No. 2) Regulations 2002
2
The Financing of Maintained Schools (England) (Amendment No. 2) Regulations 2002 are hereby revoked.
Amendment of the Financing of Maintained Schools (England) Regulations 2002
3
1
The Financing of Maintained Schools (England) Regulations 2002 shall be amended as follows.
2
After the words “In this regulation” in regulation 17(4), there shall be inserted “and in regulation 17A”.
3
The following shall be inserted after regulation 17: —
17A
1
A secondary school’s budget share for the financial year beginning on 1st April 2002 shall be redetermined by 31 March 2003 or, if earlier, within one month of the receipt by the local education authority of written notification from the LSC of a revised allocation (“the revised allocation”) in respect of the sum referred to in paragraph (1) of regulation 17 (“the original amount”).
2
Any redetermination under paragraph (1) shall be carried out by:
a
deducting from the budget share the original amount;
b
adding to the budget share the revised allocation;
c
adding to the budget share an amount equal to any deduction made in respect of that school under regulation 17(3)(b).
3
If the revised allocation exceeds the revised Real Terms Guarantee amount for the school, and the local education authority, in its initial determination of the budget share, made a deduction under regulation 17(3)(b), then the local education authority may deduct from the total sum added to the budget share under paragraph (2), an amount not exceeding:
( a - b ) * ( c / d )
where:
a
the revised allocation for the school in question
b
the revised Real Terms Guarantee amount for the school in question
c
the amount deducted by the local education authority under regulation 17(3)(b) in its initial determination
d
the difference between the original Real Terms Guarantee amount for the school and the original amount
4
Where
a
the revised allocation exceeds the revised Real Terms Guarantee amount for the school;
b
regulation 17(3)(b) did not apply to the initial determination of the school’s budget share because the original amount did not exceed the original Real Terms Guarantee amount; and
c
authority made a deduction under regulation 17(3)(b) in respect of other maintained schools,
the authority may deduct from the total sum added to the budget share under paragraph (2), an amount not exceeding:
( a - b ) * ( c / d )
where:
a
the revised allocation for the school in question
b
the revised Real Terms Guarantee amount for the school in question
c
the total amounts deducted by the local education authority under regulation 17(3)(b) in its initial determination of maintained schools' budget shares
d
the total difference between the original Real Terms Guarantee amounts and the original amounts for those schools in the determination of whose budget shares a deduction was made under regulation 17(3)(b).
5
Where
a
the revised allocation exceeds the revised Real Terms Guarantee amount for the school;
b
regulation 17(3)(b) did not apply to the initial determination of the school’s budget share because the original amount did not exceed the original Real Terms Guarantee amount; and
c
the original amount did not exceed the original Real Terms Guarantee amount for any other school maintained by the authority,
then the authority may deduct from the total sum added to the budget share under paragraph (2), an amount not exceeding:
( a - b ) * ( 2 / 3 )
where:
a
the revised allocation for the school in question
b
the revised Real Terms Guarantee amount for the school in question.
6
In this regulation, a reference to the “revised Real Terms Guarantee amount” is a reference to the amount of the Real Terms Guarantee amount in respect of the revised allocation.
.
David Miliband
Minister of State,
Department for Education and Skills
15th November 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Kerrier (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the District of Kerrier;
“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 the map marked “Map referred to in the District of Kerrier (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission
b
the offices of Kerrier District Council
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the District of Kerrier
3
1
The existing wards of the District of Kerrier shall be abolished.
2
The district shall be divided into twenty wards which shall bear the names set out in column (1) of Schedule 1
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Camborne
4
1
The existing wards of the parish of Camborne shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of parish councillors to be elected for each parish ward shall be six.
Wards of the parish of Carn Brea
5
1
The existing wards of the parish of Carn Brea shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Barncoose, East Hill, Four Lanes and Pool; and the parish wards shall comprise the areas designated on sheet (5) by reference to the name of the ward and demarcated by orange lines.
3
The number of parish councillors to be elected for the parish ward of East Hill shall be one, and for each of the parish wards of Barncoose, Four Lanes and Pool shall be five.
Wards of the parish of Illogan
6
1
The existing wards of the parish of Illogan shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Illogan, Park Bottom and Tehidy; and the wards shall comprise the areas designated on sheet (5) by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the parish ward of Park Bottom shall be two, for the parish ward of Tehidy shall be three and for the parish ward of Illogan shall be nine.
Wards of the parish of Redruth
7
1
The existing wards of the parish of Redruth shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be seven.
Wards of the parish of Sithney
8
The parish of Sithney shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of 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.
Wards of the parish of Wendron
9
1
The parish of Wendron shall be divided into two parish wards which shall bear the names Trewennack and Wendron; the parish ward of Wendron shall comprise the area of the district ward of the same name, and the parish ward of Trewennack shall comprise the rest of the parish.
2
The number of parish councillors to be elected for the parish ward of Trewennack shall be two, and for the parish ward of Wendron shall be thirteen.
Maps
10
Kerrier District Council shall make a print of the map marked “Map referred to in the District of Kerrier (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
11
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of this Order.
Revocation
12
The District of Kerrier (Electoral Arrangements) Order 1978 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
1
This Order may be cited as the International Criminal Court (Immunities and Privileges) Order 2001. It shall come into force on the date on which the Rome Statute of the International Criminal Court done at Rome on 17th July 1998 enters into force in respect of the United Kingdom. This date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
In this Order:
“ the Court ” means the International Criminal Court established by the Rome Statute of the International Criminal Court done at Rome on 17th July 1998.
“the 1961 Convention Articles ” means the Articles (being certain Articles of the Vienna Convention on Diplomatic Relations signed in 1961) which are set out in Schedule 1 to the Diplomatic Privileges Act 1964 .
3
The Court shall have the legal capacities of a body corporate.
4
1
Except in so far as in any particular case any privilege or immunity is waived as set out in paragraph 2 of this Article, the judges, the Prosecutor, the Deputy Prosecutors and the Registrar of the Court shall enjoy: —
a
when engaged on or with respect to the business of the Court, the like privileges and immunities as in accordance with the 1961 Convention Articles are accorded to the head of a diplomatic mission;
b
exemption from income tax in respect of emoluments received by them as judges, Prosecutor, Deputy Prosecutors or Registrar;
c
immunity from suit and legal process (even after the expiry of their terms of office) in respect of acts, including words written or spoken, done by them in the exercise of their functions.
2
Privileges and immunities may be waived: —
a
in the case of a judge or the Prosecutor, by an absolute majority of the judges;
b
in the case of a Deputy Prosecutor, by the Prosecutor;
c
in the case of the Registrar, by the Presidency.
A.K. Galloway
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Marketing Authorisations for Veterinary Medicinal Products Regulations (Amendment) Regulations 2002 and come into force on 10th March 2002.
Amendment to the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994
2
The Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 are amended in accordance with these Regulations.
3
In regulation 1(1), for the list of Community instruments there is substituted —
Directive 2001/82/ EC of the European Parliament and of the Council on the Community code relating to veterinary medicinal products .
4
For paragraphs (2), (3) and (4) of regulation 1 there is substituted —
2
These Regulations shall apply in respect of products to which Directive 2001/82/EC applies by virtue of Article 2 and 3 of that Directive, they do not apply to products specified in Article 4.1 but they do apply to products intended for the uses set out in Article 4.2 of that Directive.
3
These Regulations shall apply to homeopathic veterinary medicinal products other than those specified in Article 17.1 of Directive 2001/82/EC .
4
In these Regulations, unless the context otherwise requires, any expressions used have the meaning they bear in Directive 2001/82/EC .
5
Regulation 1(6) is revoked.
6
For regulation 2(1) there is substituted —
1
These Regulations shall not apply to the placing on the market of veterinary medicinal products prepared extemporaneously in the circumstances described in Article 10(1)(c) of Directive 2001/82/EC .
.
7
For regulation 3(1) there is substituted —
1
No person shall place on the market, or import for the purposes of placing on the market or have in his possession for those purposes, any veterinary medicinal product unless a marketing authorisation (or, in the circumstances described in Article 8 of Directive 2001/82/EC , an allowance within the terms of that Article) has been granted —
a
by the Ministers; or
b
in accordance with Council Regulation ( EEC ) No. 2309/93 ,
and it is placed on the market in accordance with such authorisation or allowance.
.
8
For regulation 4 there is substituted —
Form and manner of application
4
1
Every application for a marketing authorisation to the Ministers shall be made to them in accordance with this regulation.
2
The application shall be in writing, in the English language and signed by the applicant.
3
The applicant shall supply four copies of each application, and shall supply a further twenty two copies if the Ministers so direct.
4
The application shall be —
a
as specified in Articles 12, 13, 14 and 15 of Directive 2001/82/EC (or, in the case of an application for the authorisation of a product already authorised in another member State, in accordance with Article 32 of that Directive) and in accordance with the Introduction to Annex I to that Directive; or
b
in the circumstances described in Article 26(3) of Directive 2001/82/EC , shall be accompanied by all relevant data available to the applicant.
5
If the application is in respect of a product which is not an immunological product, the application shall in addition be in accordance with the requirements of Schedule 1 to these Regulations.
6
If the application is in respect of an immunological product, the application shall in addition be in accordance with the requirements of Schedule 2 to these Regulations.
7
In the case of a product that the applicant intends to import from outside the European Economic Area, the application shall in addition be in accordance with Article 45 of Directive 2001/82/EC .
8
An applicant shall not be required, by virtue of Article 12(3)(j) of Directive 2001/82/EC , to provide the results of toxicological and pharmacological tests and clinical trials if he can demonstrate that he is entitled to the benefit of any of sub-paragraphs (a)(i) to (a)(iii) of Article 13.1(a) of that Directive.
9
The preceding paragraph shall only apply where the applicant claims the benefit of Article 13.1(a)(iii) if the product authorised within the European Community to which the application refers has been so authorised for a period of not less than ten years before the making of the application.
9
For regulation 5 there is substituted —
Grant of an authorisation
5
The Ministers shall consider an application for, and where appropriate grant, a marketing authorisation for a veterinary medicinal product —
a
in accordance with Articles 6, 21, 22, 23, 24, 25, 26, 28, 30, 58(1) to (3), 71, the second paragraph of 83.1(e), 91 and 94, of, and Title I, Part 4, Chapter II , point 1, sixth paragraph of Annex I to, Directive 2001/82/EC ;
b
in the case of a product already authorised in another member State, in accordance with Articles 6, 7, 21, 22, 71 and 94 and Chapter 4 of Directive 2001/82/EC .
.
10
For regulation 6(1) there is substituted —
6
1
After a marketing authorisation has been issued, the holder of that authorisation shall comply with —
a
Articles 12.3.m, second paragraph, 26, 27, 28, 58 to 61, 74, 75, 81.1, 81.2, second paragraph and 91.2, of Directive 2001/82/EC , the third paragraph of the introduction of Annex I to that Directive, and, if appropriate, the final paragraph of Title I, Part 4, Chapter II.1 and the final paragraph of Title I, Part 4, Chapter III.2.1 of that Directive;
b
any directions given by the Ministers in accordance with Article 84 of Directive 2001/82/EC ;
c
the requirement in Article 81 of Directive 2001/82/EC to provide the information specified there;
d
paragraph C.a of Title I, Part 2 (for veterinary medicinal products other than immunological veterinary medicinal products) or paragraph C.a of Title II, Part 6 (for immunological medicinal products) of Annex I to Directive 2001/82/EC .
.
11
For regulations 7 and 8 there is substituted —
Products manufactured outside the European Economic Area
7
1
Where a product to which a marketing authorisation relates is imported from outside the European Economic Area, the holder of that marketing authorisation shall comply with Article 50(c) of Directive 2001/82/EC and shall obtain an undertaking from the manufacturer that the manufacturer will comply with the provisions of this regulation.
2
The manufacturer shall comply with any conditions attached to the authorisation.
3
The manufacturer shall comply with the provisions of paragraphs (a), (b), (d) and (e) of Article 50 of Directive 2001/82/EC .
4
In accordance with Article 81(1) of Directive 2001/82/EC , the manufacturer shall give to the Ministers on request the data specified in that Article.
5
Subject to the following paragraph, the manufacturer shall comply with the principles and guidelines of good manufacturing practice as set out in Articles 4 to 14 of Commission Directive 91/412/EEC , and such principles and guidelines shall be interpreted in accordance with Article 3, second paragraph of that Directive.
6
In order to comply with the provisions of Article 12 of Commission Directive 91/412/EEC , the manufacturer shall ensure that the terms of the contract require that the contractor complies with the requirements of Article 12.3 and 12.4 of that Directive.
Duties on an importer who holds a marketing authorisation
8
1
Where the holder of a marketing authorisation imports the products to which the authorisation relates from outside the European Economic Area he shall comply with the provisions of this regulation.
2
He shall have permanently and continuously at his disposal the services of at least one Qualified Person who satisfies the requirements on qualifications set out in Article 53 of Directive 2001/82/EC , or who is permitted to act as a Qualified Person by virtue of the provisions of Article 54 of that Directive.
3
He may himself undertake the duties of a Qualified Person if he satisfies the provisions of Article 53 or 54 of that Directive.
4
The Qualified Person shall carry out the duties in Article 55 of that Directive.
5
Where, after the holder of a marketing authorisation and the person acting as Qualified Person have been given the opportunity to make written or oral representations, the Ministers have served written notice on the holder of the marketing authorisation stating that the person acting as the Qualified Person does not satisfy the requirements of Article 53 or 54 of that Directive, or that the person has failed to carry out the duties required by this regulation, the holder of the marketing authorisation shall not permit that person to act as a Qualified Person for him unless that notice is withdrawn.
.
12
For paragraphs (2) and (3) of regulation 10 there is substituted —
2
The application shall be in accordance with Articles 26(3) and 28 of Directive 2001/82/EC , and shall be submitted not earlier than five months before the expiry of the existing authorisation.
3
The application shall include any information required under Articles 12, 13, 14 and 15 of Directive 2001/82/EC , and the relevant parts of Annex I to that Directive, not previously submitted to the Ministers.
.
13
For regulation 11 there is substituted —
Suspension and revocation
11
The Ministers may suspend or revoke a marketing authorisation in accordance with Articles 62, 78, 83, 84, 85 and 94 of Directive 2001/82/EC
.
14
For regulation 12(1) there is substituted —
1
If, in the circumstances where there will be no right of appeal under Article 36.4 of Directive 2001/82/EC , the Ministers propose —
a
acting in accordance with regulation 5(a) above to refuse to grant a marketing authorisation on any grounds relating to safety, qualify or efficacy, or
b
acting in accordance with regulation 11 above to suspend or revoke an authorisation on those grounds,
they shall consult the appropriate committee or, if there is no such committee, with the Commission in accordance with Schedule 3, and shall take account of their advice in coming to a decision.
.
15
For regulation 13(1) there is substituted —
1
If, in the circumstances where there will be no right of appeal under Article 36.4 of Directive 2001/82/EC , the Ministers propose —
a
acting in accordance with regulation 5(a) above to refuse to grant a marketing authorisation on any grounds not relating to safety, quality or efficacy; or
b
acting in accordance with regulation 11 above to suspend or revoke an authorisation on grounds not relating to safety, quality or efficacy,
then before doing so they shall serve a notice on the applicant or authorisation holder stating their proposals and the reasons for them and specifying a time within which he may apply to a person appointed by the Ministers under this regulation; but this paragraph shall not apply if the Ministers are acting in accordance with Article 30(e), first or second paragraphs, or Article 83(e), first or second paragraphs.
.
16
Regulation 15 is revoked.
17
Schedules 1 and 2 are replaced with the Schedule to these Regulations.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th February 2002


text:
1
This Order may be cited as the A516 Trunk Road (West of Derby) (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;
ii
“the trunk road” means the A516 Trunk Road; and
iii
“the plan” means the plan folio numbered HA/OD/293 and marked “The A516 Trunk Road (West of Derby) (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 this 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:
Title and commencement
1
This Order may be cited as the Plant Health (Forestry) (Phytophthora ramorum) (Great Britain) Order 2002 and shall come into force on 27th June 2002.
Interpretation
2
1
In this Order —
a
“inspector” means any person authorised to be an inspector for the purposes of the principal Order ;
“origin” means in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
a reference in respect of susceptible material to the place where material is produced shall be construed as referring to “the place of production” of that material as defined in the principal Order;
“the principal Order” means the Plant Health (Forestry) (Great Britain) Order 1993 ;
“susceptible material” means the trees, bark or wood described in the first column of the Schedule; and
b
the following words have the meaning given them in the principal Order —
Customs Act
Great Britain
Growing medium
Isolated bark
Land, landed and landing
Phytosanitary certificate
Reforwarding phytosanitary certificate
Seed
Soil
Tree
Tree in tissue culture
Wood.
2
Unless otherwise stated, a reference in this Order to a numbered article refers to the article so numbered in this Order; a reference to a paragraph refers to a paragraph in the article in which the reference appears; and references to “the Schedule” refer to the Schedule to this Order.
Landing susceptible material from the USA
3
1
This article does not apply to susceptible material consigned directly to Great Britain from another member State, the Channel Islands, the Isle of Man or from elsewhere in the United Kingdom.
2
Except under the authority of a licence granted by virtue of article 5 —
a
no person shall land in Great Britain susceptible material originating in the USA unless the susceptible material meets such conditions of landing as are specified in the second column of the Schedule; and
b
no person acting in the course of a trade or business shall move or keep any susceptible material landed in breach of paragraph (a).
3
Susceptible material landed in breach of paragraph (2) shall be prohibited within the meaning of the Customs Act .
Provisions as to phytosanitary certificates and reforwarding phytosanitary certificates
4
1
The provisions of this article apply where a phytosanitary certificate or re-forwarding phytosanitary certificate is required by virtue only of this Order to accompany susceptible material landed in Great Britain.
2
Subject to paragraph (3), a phytosanitary certificate required under this Order may be issued in a country other than the country of origin to the extent that any condition of landing specified in the Schedule can be fulfilled at a place other than in the country of origin.
3
Where, after a phytosanitary certificate has been issued in respect of susceptible material the subject of this Order, the consignment to which that certificate relates has been stored, repacked or split up in a country other than that in which the certificate was issued, the consignment shall be accompanied by a reforwarding phytosanitary certificate issued in that other country which meets the requirements of this Order.
4
The provisions of articles 12(1) to (5), (6) and (7) and 13 of the principal Order shall apply in respect of any phytosanitary certificate or reforwarding phytosanitary certificate required under this Order as if the susceptible material the subject of this Order were the “relevant material” referred to in article 12 of the principal Order.
Application of provisions in the principal Order for licences for scientific research purposes
5
1
The provisions of article 28A (“article 28A”) of the principal Order (Licences for trial or scientific purposes and for work on varietal selection) shall apply in respect of the landing, movement and keeping of susceptible material originating in the USA (other than that consigned to Great Britain from another member State, the Channel Islands, the Isle of Man or elsewhere in the United Kingdom) which does not fulfil the conditions of landing specified in the Schedule as if the susceptible material were “relevant material” the landing, movement or keeping of which would, but for a licence granted under article 28A, be prohibited under that Order.
2
Any licence granted under article 28A by virtue of this article shall be treated as if the licence had been granted under the principal Order, and the provisions of the principal Order (including article 24 (Examination, sampling and marking) and 3l(1)(a) and (b) (Offences)) shall apply accordingly.
Powers of an inspector
6
1
An inspector may, for the purposes of checking compliance with article 3, exercise the powers conferred by article 24 of the principal Order as if checking compliance with the principal Order.
2
Any power conferred by article 24 of the principal Order (as read with article 27 of that Order) which is exercised by virtue of this article shall be treated as if that power had been exercised under the principal Order, and the provisions of the principal Order (including article 31(1)(a) and (c) and (5) (Offences)) shall apply accordingly.
Offences
7
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him, he contravenes or fails to comply with article 3(2)(b).
2
A person guilty of an offence under paragraph (1) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
In witness whereof the Official Seal of the Forestry Commissioners is hereunto affixed on 6th June 2002.
Frank Strang
Secretary to the Forestry Commissioners


text:
Citation and commencement
1
This Order may be cited as the North Mersey Community National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
The North Mersey Community National Health Service Trust is hereby dissolved and accordingly the North Mersey Community National Health Service Trust (Establishment) Order 1991 is revoked.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) (No. 2) Regulations 2002 and shall come into force —
a
save for the purposes of regulation 3(2), on 1st October 2002; and
b
for the purposes of regulation 3(2), on 1st January 2003.
Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level that does not disqualify for unemployability supplement) for the sum “£3,432” there shall be substituted the sum “£3,510”.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
3
1
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the sum “£66.00” there shall be substituted the sum “£67.50”.
2
In regulation 18(4) of those Regulations (re-claim of incapacity benefit after absence from Great Britain by claimant incapacitated in youth) —
a
sub-paragraph (c) shall be omitted;
b
for sub-paragraph (d) there shall be substituted —
d
who made his claim for benefit on a day not later than 3 months from the end of the period of 196 days described in sub-paragraph (b).
.
Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995
4
In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for the sum “£66.00” there shall be substituted the sum “£67.50”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
5th September 2002


text:
Citation, commencement, and interpretation
1
1
This Order may be cited as the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002 and shall come into force on 1st April following the date on which this Order is made.
2
In this Order:
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2001 Act” means the Regulatory Reform Act 2001;
“the commencement date” means the date on which this Order comes into force.
Application
2
This Order applies only in relation to England.
Amendment to Section 22 of the 1998 Act
3
In section 22(5)(a) of the 1998 Act for “expenses that by virtue of paragraph 3 of Schedule 3 are payable” there shall be substituted “expenditure that by virtue of paragraph 3 of Schedule 3 is to be met”.
Amendment to Section 49(6)(b) of the 1998 Act
4
In section 49(6)(b) of the 1998 Act for “expenses payable by the governing body under paragraph 3(1) or (2) of Schedule 3” there shall be substituted “expenditure payable by the governing body under paragraph 3(1) of Schedule 3”.
New paragraph 3 of Schedule 3 to the 1998 Act
5
For Paragraph 3 of Schedule 3 to the 1998 Act there shall be substituted the following paragraph —
3
1
In the case of a voluntary aided school, the governing body of the school are responsible for meeting all capital expenditure in relation to the school premises subject to sub-paragraph (2) below.
2
The duty in sub-paragraph (1) does not extend —
a
to capital expenditure in relation to playing fields or any building or other structure erected thereon in connection with the use of playing fields, but does extend to capital expenditure in relation to boundary walls and fences;
b
to capital expenditure necessary in consequence of the use of the school premises, in pursuance of a direction or requirement of the local education authority, for purposes other than those of the school;
c
to capital expenditure on the provision of any new site which the local education authority is to provide by virtue of paragraph 4 of this Schedule.
3
For the purposes of this Schedule “capital expenditure” has the meaning given by Article 13 of The Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002, as it has effect from time to time.
.
Additional Amendments to Schedule 3 to the 1998 Act
6
In paragraph 4(7) of Schedule 3 to the 1998 Act for “school buildings” there shall be substituted “school premises”.
7
In paragraph 5 of that Schedule —
a
in sub-paragraph (1)(a) and (b) for “qualifying expenditure incurred” there shall be substituted “capital expenditure incurred or to be incurred”;
b
sub-paragraph (2) shall be omitted;
c
for sub-paragraph (3)(a) there shall be substituted —
a
shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, and
;
d
for sub-paragraph (5) there shall be substituted —
5
Without prejudice to any other duty of his, the Secretary of State shall, in performing functions relating to the exercise of the power under this paragraph to make grants in respect of expenditure on school premises, give priority to paying grants in respect of expenditure which is necessary to make such alterations as may be required by the local education authority for the purpose of securing that the school premises conform to the standards prescribed under section 542 of the Education Act 1996 or as may be required for the purpose of securing that the school premises conform to standards specified by or under any other enactment relating to health and safety; and the amount of any grant paid in the exercise of that power in respect of such expenditure on school premises shall be at least 90 per cent of the expenditure.
;
e
in sub-paragraph (12) the definition of “repair” shall be omitted.
8
In paragraph 6 of that Schedule —
a
in sub-paragraph (1) after “incurred” in each place where it occurs there shall be inserted “or to be incurred”;
b
in sub-paragraph (2) after “incurred” there shall be inserted “or to be incurred”;
c
in sub-paragraph (2) for “school buildings” there shall be substituted “used for the purposes of the school”;
d
in sub-paragraph (4)(a) for “school buildings” there shall be substituted “used for the purposes of the school”;
e
for sub-paragraph (5) there shall be substituted —
5
A grant under sub-paragraph (1) or (2) shall not exceed 90 per cent of the expenditure or, if the Secretary of State considers that the circumstances are exceptional, shall not exceed 100 per cent of the expenditure, in respect of which it is paid.
.
9
In the cross-heading preceding paragraph 7 of that Schedule, for “expenses” there shall be substituted “expenditure”.
10
In paragraph 7 of that Schedule —
a
in sub-paragraph (1)(a) for “initial expenses” there shall be substituted “initial expenditure”;
b
in sub-paragraph (1)(b) for “expenditure” there shall be substituted “capital expenditure”;
c
in sub-paragraph (3) for ““initial expenses” are expenses” there shall be substituted ““initial expenditure” is expenditure”, and for “expenses” there shall be substituted “expenditure”;
d
in sub-paragraph (3)(a) and (b) the word “school” shall be omitted in the first place where it occurs;
e
in sub-paragraph (4) —
i
for “initial expenses” there shall be substituted “initial expenditure”; and
ii
for “expenses” there shall be substituted “expenditure”;
f
in sub-paragraph (5) for “expenses” there shall be substituted “expenditure” in each place where it occurs.
Amendments to Schedule 6 to the 1998 Act
11
In paragraph 14 of Schedule 6 to the 1998 Act —
a
in sub-paragraphs (2) and (3) for “relevant premises” there shall be substituted “playing fields”;
b
sub-paragraph (4) shall be omitted;
c
in sub-paragraph (5) for “such premises” there shall be substituted “such playing fields”; and
d
in sub-paragraph (5)(b) for “those premises” there shall be substituted “those playing fields — ”.
Amendments to Schedule 22 to the 1998 Act
12
After paragraph 10 of Schedule 22 to the 1998 Act there shall be inserted —
PART IV
DISPOSAL OF LAND OF A VOLUNTARY AIDED SCHOOL BY THE LOCAL EDUCATION AUTHORITY
11
1
In this paragraph —
a
“capital expenditure” has the meaning given by Article 13 of the Regulatory Reform (Voluntary Aided Schools Liabilities and Funding) (England) Order 2002, as it has effect from time to time;
b
“commencement date” means the date on which that Order comes into force;
c
“relevant body” means —
i
the governing body of a voluntary aided school; or
ii
if the school has been discontinued and the governing body dissolved, the trustees;
d
“relevant land” means —
i
any caretaker’s dwelling; or
ii
other buildings which are not school buildings;
which form part of the premises of a voluntary aided school.
2
This paragraph applies to any disposal by the local education authority of relevant land enhanced in value wholly or partly by means of capital expenditure incurred by the governing body after the commencement date.
3
But this paragraph shall not apply unless the relevant body gives to the local education authority no later than 12 months after the expenditure is incurred a statement —
a
setting out the amount of expenditure; and
b
stating that it is capital expenditure.
4
Where this paragraph applies, the local education authority shall notify the relevant body that the provision applies to them and they shall pay to the relevant body so much of the proceeds of disposal as may be determined to be just, either by agreement between them and the relevant body or, in default of agreement, by the Secretary of State.
5
In making the determination under sub-paragraph (4), the relevant body and the local education authority, or the Secretary of State, as the case may be, shall have regard in particular to any enhancement in value of the relevant land attributable to expenditure by or on behalf of the governing body.
6
If the local education authority permit relevant land to be used for purposes not connected with the school —
a
they shall be treated for the purposes of this paragraph as having disposed of the land; and
b
sub-paragraph (4) shall have effect as if the reference to proceeds of disposal were a reference to the value of the land.
Meaning of Capital Expenditure
13
1
For the purposes of Schedule 3 and Schedule 22 to the 1998 Act “capital expenditure” means expenditure on:
a
the acquisition, reclamation, enhancement or laying out of any land;
b
the acquisition, construction, preparation, enhancement, replacement or demolition of any building or part of a building (including any fixtures and fittings affixed to a building), wall, fence or other structure, or any playground or other hard-standing;
c
the acquisition, installation or replacement of any movable or immovable, plant, machinery, apparatus or furniture;
used or intended to be used for the purposes of the school.
2
For the purposes of paragraph (1), “enhancement”, in relation to any asset, means the carrying out of works which are intended —
a
to lengthen substantially the useful life of the asset; or
b
to increase substantially the open market value of the asset; or
c
to increase substantially the extent to which the asset can or will be used for the purposes of or in connection with the school concerned;
but expenditure on the enhancement of an asset shall not be regarded as capital expenditure unless it should be so regarded in accordance with proper practices.
3
In paragraph (2) “proper practices” are those accounting practices —
a
which the governing body or their maintaining local education authority are required to follow by virtue of any enactment, or
b
which, whether by reference to any generally recognised published code or otherwise, are regarded as proper accounting practices to be followed in the keeping of the accounts of local authorities, either generally or of the description concerned,
but in the event of any conflict in any respect between the practices falling within sub-paragraph (a) above and those falling within sub-paragraph (b) above, only those falling within sub-paragraph (a) above are to be regarded as proper practices.
4
Despite the other provisions of this article, any expenditure of an amount less than £2,000 does not constitute “capital expenditure” for the purposes of this article.
5
Paragraphs (1) to (4) above are subordinate provisions for the purposes of section 4 of the 2001 Act and a subordinate provisions order (within the meaning of section 4(4) of that Act) made in respect of those provisions shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Transitional Provisions
14
1
Where within the period of five years beginning on the commencement date the Secretary of State notifies the governing body of her decision to pay grant under Schedule 3 to the 1998 Act in respect of relevant capital expenditure, paragraphs 5(3)(a) and 6 shall have effect in respect of the expenditure to which the decision relates as if for the words “shall not exceed 85 per cent” were substituted the words “shall not exceed 100 per cent”.
2
In paragraph (1) “relevant capital expenditure” means capital expenditure on any building or part of a building of a voluntary aided school used only —
a
as a caretaker’s dwelling,
b
to afford facilities for enabling the Secretary of State facilities to carry out her functions under sections 5(1) or (1A) of, and Schedule 1 to, the National Health Service Act 1977 (which relate to the provision of medical and dental services for pupils), or
c
to afford facilities for providing milk, meals or other refreshments for pupils in attendance at the school,
d
as a swimming pool.
15
1
The following provisions have effect despite the provisions of this Order —
2
The local education authority are responsible for meeting all expenses incurred in effecting any works such as are described in paragraph 3(3) of Schedule 3 to the 1998 Act as originally enacted where a supplementary credit approval under section 54 of the Local Government and Housing Act 1989 has been issued by the Secretary of State before the commencement date in respect of expenditure on those works.
3
The governing body are responsible for meeting all expenses in effecting any works such as are described in paragraph 3(2) of Schedule 3 to the 1998 Act as originally enacted which form part of the same project for which a supplementary credit approval has been issued in respect of works under paragraph (2) and —
a
where the Secretary of State has three years preceding the commencement date or earlier notified the governing body of her decision to pay grant under paragraph 5 of Schedule 3 in respect of such expenses, paragraph 5 of Schedule 3 to the 1998 Act as originally enacted shall continue to apply.
b
where the Secretary of State has within three years preceding the commencement date so notified the governing body and subject to paragraph (8), paragraph 5(3)(a) of Schedule 3 to the 1998 Act as amended by this Order shall apply in relation to such expenses as it applies to capital expenditure.
4
The local education authority are responsible for meeting all expenses incurred in effecting any works such as are described in paragraph 3(3) of Schedule 3 to the 1998 Act as originally enacted where they have been paid grant under section 484 of the Education Act 1996 before the commencement date in respect of expenditure on those works.
5
The governing body are responsible for meeting all expenses in effecting any works such as are described in paragraph 3(2) of Schedule 3 to the 1998 Act as originally enacted which form part of the same project for which grant under section 484 of the Education Act 1996 has been paid in respect of those works under paragraph (4) and, subject to paragraph (8), paragraph 5(3)(a) of Schedule 3 to the 1998 Act as amended by this Order shall apply in relation to such expenses as it applies in relation to capital expenditure.
6
The local authority are responsible for meeting all expenses incurred in effecting any works such as are described in paragraph 3(3) of Schedule 3 to the 1998 Act as originally enacted, where such works are included in a programme known as the local authority co-ordinated voluntary aided programme which had effect in relation to that authority before the commencement date.
7
The governing body are responsible for meeting all expenses incurred in effecting any works such as are described in paragraph 3(2) of Schedule 3 to the 1998 Act as originally enacted, which relate to the local authority co-ordinated voluntary aided programme referred to in paragraph (6), and
a
subject to paragraph (8), where such works were commenced within one year preceding the commencement date, paragraph 5(3)(a) of Schedule 3 to the 1998 Act as amended by this Order shall apply in relation to such expenses as it applies in relation to capital expenditure, and
b
where such works were commenced one year preceding the commencement date or earlier paragraph 5 of Schedule 3 to the 1998 Act as originally enacted shall apply accordingly.
8
In relation to expenses under paragraphs (3)(b), (5) or (7)(a) where all grant which the Secretary of State has notified to the governing body is to be paid under paragraph 5 of Schedule 3 to the 1998 Act, has been paid before the commencement date, paragraph 5 of Schedule 3 to the1998 Act as originally enacted shall apply accordingly.
Catherine Ashton
Parliamentary Under-Secretary of State,
Department for Education and Skills
27th March 2002


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (England) Regulations 2002 and shall come into force on 20th June 2002.
2
These Regulations extend to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990 and, save where the context otherwise requires and subject to paragraph (2), any expression used both in these Regulations and in the Act has the meaning it bears in the Act;
“the Commission Decision” means Commission Decision 2002/69/ EC concerning certain protective measures with regard to the products of animal origin imported from China , as amended by Commission Decision 2002/441/EC ;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and Middle Temple) nor a port health authority;
“free circulation” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community;
“port health authority” means a port health authority for a port health district constituted under section 2(4) of the Public Health (Control of Disease) Act 1984 ;
“relevant product of animal origin” means a product of animal origin falling within either of the following descriptions —
products of animal origin originating in, or consigned from, China, and intended for human consumption, or animal feed use, except for any such product which is of a kind to which the derogation contained in Article 2.2 of the Commission Decision (which is concerned with casings, certain fishery products and gelatine) applies; and
products which contain any product falling within the description given in paragraph (a) of this definition.
2
Any expression used both in these Regulations and in the Commission Decision has the same meaning in these Regulations as it bears in that Decision.
Prohibition of importation and offence
3
1
Subject to paragraph (2), no person shall import into England any relevant product of animal origin.
2
Paragraph (1) shall not be taken to prohibit the import into England from another member State of any relevant product of animal origin which is in free circulation in that member State.
3
Any person who knowingly contravenes paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a term not exceeding three months.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority these Regulations shall be executed and enforced by the food authority within whose area that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2) —
a
the authority concerned shall exercise that duty in accordance with Article 4 of the Commission Decision (which is concerned with the levying of charges in respect of expenditure incurred in connection with the application of the Commission Decision);
b
an authorised officer of the authority concerned shall —
i
comply with Article 3.1 of the Commission Decision (which is concerned with the sampling and analysis of consignments of certain fishery products and of casings), and
ii
have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders under the Act, and shall also have, in relation to any business producing material for animal feed use, the same power as an authorised officer of an enforcement authority has under that section in relation to a food business.
4
A person on whom a charge is levied under paragraph (3)(a) shall pay it to the authority concerned on demand.
5
Each port health authority and food authority shall give such assistance and information to the Secretary of State and the Food Standards Agency as they may reasonably request in connection with the execution and enforcement of these Regulations.
Application 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 them to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 33(1) (obstruction, etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (b);
d
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
e
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (c);
f
section 36 (offences by bodies corporate); and
g
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority or a port health authority may at all reasonable times inspect any relevant product of animal origin which —
a
has been sold or is offered or exposed for sale; or
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of sale or of preparation for sale.
2
Subsections (3) to (8) shall apply where, whether or not on an inspection carried out under subsection (1), it appears to an authorised officer of a food authority or a port health authority that any relevant product of animal origin has been imported into England in contravention of regulation 3(1) of the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (England) Regulations 2002.
3
The authorised officer may either —
a
give notice to the person in charge of the product that, until the notice is withdrawn, the product or any specified portion of it —
i
is not to be used for human consumption or, as the case may be, put to animal feed use, 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 product and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
Where the authorised officer exercises the powers conferred by subsection (3)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the product has not been imported in contravention of regulation 3(1) of the above Regulations and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the product 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 product of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3(3) of the above Regulations above might be liable to a prosecution in respect of the product shall, if he attends before the justice of the peace by whom the product 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) of those Regulations in relation to that product.
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 product falling to be dealt with by him under this section has been imported in contravention of regulation 3(1) of the above Regulations, he shall condemn the product and order —
a
the product to be destroyed or to be so disposed of as to prevent it from being used for human consumption or, as the case may be, put to animal feed use; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be charged to the consignor, consignee or agent of the product under Article 4 of the Commission Decision.
7
If a notice under subsection (3)(a) above is withdrawn, or the justice of the peace by whom any product 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 product for any depreciation in its value resulting from the action taken by the authorised officer.
8
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.
.
3
The expressions “authorised officer”, “food authority”, “port health authority”, “relevant product of animal origin”, “for human consumption” and “animal feed use”, 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)(b)(ii) of the Food and Animal Feedingstuffs (Products of Animal Origin from China) (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 and Animal Feedingstuffs (Products of Animal Origin from China) (Emergency Control) (England) Regulations 2002”.
6
An authorised officer of a food authority or a port health authority who has procured a sample under section 29 of the Act as applied for the purposes of these Regulations by paragraph (5), shall, if he considers that the sample should be analysed, submit it for analysis at a laboratory having facilities which are adequate for the purpose of enabling the chemical tests required by Article 3.1 of the Commission Decision to be carried out there.
7
A sample submitted pursuant to paragraph (6) shall be analysed as soon as practicable by an analyst at the laboratory to which it is submitted.
8
An analyst who analyses a sample in accordance with paragraph (7) may demand in advance the payment of such reasonable fee as he may require.
9
An analyst who has analysed a sample in accordance with paragraph (7) shall give to the person by whom it was submitted a certificate specifying the result of the analysis.
10
A certificate given by an analyst under paragraph (9) shall be signed by him, but the analysis may be made by any person acting under his direction.
11
In any proceedings under these Regulations, the production by one of the parties of —
a
a document purporting to be a certificate given by an analyst under paragraph (9); or
b
a document supplied by him to the other party as being a copy of such a certificate,
shall be sufficient evidence of the facts stated in it unless, in a case falling within sub-paragraph (a), the other party requires that the analyst shall be called as a witness.
12
Where a sample procured under section 29 of the Act as applied for the purposes of these Regulations by paragraph (5) has been analysed in accordance with paragraph (7), the owner shall be entitled on request to be supplied with a copy of the certificate of analysis by the authority which, by virtue of regulation 4(1) or (2), has the duty of enforcing them.
Revocation of the Food and Animal Feedingstuffs (Products of Animal Origin from China) (Control) (England) Regulations 2002
6
The Food and Animal Feedingstuffs (Products of Animal Origin from China) (Control) (England) Regulations 2002 are revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
19th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheshire and Wirral Partnership National Health Service Trust (Establishment) and the Wirral and West Cheshire Community National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 22nd March 2002.
2
Article 8 shall come into force on 1st April 2002.
3
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means the date this order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Cheshire and Wirral Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established an NHS trust which shall be called the Cheshire and Wirral Partnership National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, community health services, and certain community health services previously provided by the Wirral and West Cheshire Community National Health Service Trust, the Cheshire Community Healthcare National Health Service Trust, the Mid Cheshire Hospitals National Health Service Trust, the East Cheshire National Health Service Trust and the Countess of Chester Hospital National Health Service Trust, for the purposes of the health service at or from the trust’s Headquarters, at West Cheshire Hospital, Countess of Chester Health Park, Liverpool Road, Chester, Cheshire CH2 1YZ,
and at or from any associated hospitals, establishments and facilities.
Directors of the trust
4
The trust shall have in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment.
Assistance by Health Authorities before operational date
7
The South Cheshire Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust.
Dissolution of NHS trusts
8
The Wirral and West Cheshire Community National Health Service Trust established by the Wirral and West Cheshire Community National Health Service Trust (Establishment) Order 1997 is dissolved, and accordingly that Order is revoked .
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th March 2002


text:
Name, commencement and interpretation
1
1
This Order is called the County Borough of Torfaen (Electoral Changes) Order 2002.
2
This Order will come into force:
a
for the purposes of proceedings, preliminary or relating to any election to be held on 6th May 2004, on the 9th October 2003, and
b
for all other purposes, on 6th May 2004.
3
In this Order —
“the Act” (“ y Ddeddf ”) means the Local Government Act 1972;
“electoral division” (“ adran etholiadol ”) means an electoral division of the County Borough of Torfaen as constituted by the County Borough of Torfaen Electoral Arrangements Order 1994 ;
Electoral Divisions
2
1
The existing electoral divisions of the County Borough of Torfaen specified in the Schedule to the County Borough of Torfaen Electoral Arrangements Order 1994 are abolished.
2
For the purposes of the elections of councillors for the county borough of Torfaen, that county borough shall be divided into 24 electoral divisions bearing the names specified in column (1) of the Schedule to this Order, and each such electoral division shall comprise the area specified in column (2) of that Schedule.
3
The number of councillors to be returned for each such electoral division shall be the number specified in relation to the division in column (3) of the Schedule to this Order.
Register of Local Government Electors
3
The registration officer shall make such re-arrangements or adaptation of the register of local government electors as may be necessary due to the coming into force of this Order.
Signed on behalf of the National Assembly for Wales
E. Hart
Minister for Local Government, Finance and Communities
6th December 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Mid Sussex (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Mid Sussex;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of Mid Sussex (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 Mid Sussex District Council.
Wards of the district of Mid Sussex
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Burgess Hill
4
1
The existing wards of the parish of Burgess Hill shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Burgess Hill Dunstall, Burgess Hill Franklands, Burgess Hill Leylands, Burgess Hill Meeds, Burgess Hill St Andrews and Burgess Hill Victoria; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of Cuckfield Rural
5
1
The existing wards of the parish of Cuckfield Rural shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Ansty, Brook Street and Borde Hill, and Staplefield; and the wards shall comprise the areas designated on sheet (7) by reference to the names of the wards and demarcated by orange lines.
3
The number of parish councillors to be elected for the parish ward of Brook Street and Borde Hill shall be one, for the parish ward of Staplefield shall be three and for the parish ward of Ansty shall be five.
Wards of the parish of East Grinstead
6
1
The existing wards of the parish of East Grinstead shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names East Grinstead Ashplats, East Grinstead Baldwins, East Grinstead Herontye, East Grinstead Imberhorne, East Grinstead Town and East Grinstead Worsted; the parish wards of East Grinstead Ashplats, East Grinstead Baldwins, East Grinstead Herontye, East Grinstead Imberhorne and East Grinstead Town shall comprise the area of the district ward bearing the same name, and the parish ward of East Grinstead Worsted shall consist of the rest of the parish.
3
The number of parish councillors to be elected for the parish ward of East Grinstead Worsted shall be one, for the parish wards of East Grinstead Baldwins, East Grinstead Herontye, and East Grinstead Town shall be three, and for the parish wards of East Grinstead Ashplats and East Grinstead Imberhorne shall be four.
Wards of the parish of Haywards Heath
7
1
The existing wards of the parish of Haywards Heath shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Haywards Heath Ashenground, Haywards Heath Bentswood, Haywards Heath Franklands, Haywards Heath Heath and Haywards Heath Lucastes; and each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of parish councillors to be elected for the parish wards of Haywards Heath Ashenground, Haywards Heath Franklands, Haywards Heath Heath and Haywards Heath Lucastes parish wards shall be three, and for the parish ward of Haywards Heath Bentswood shall be four.
Wards of the parish of Lindfield Rural
8
The parish of Lindfield Rural shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward 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.
Wards of the parish of Slaugham
9
The parish of Slaugham shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward 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
10
Mid Sussex District Council shall make a print of the map marked “Map referred to in the District of Mid Sussex (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
11
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
12
The District of Mid Sussex (Electoral Arrangements) Order 1980 is revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th October 2002
Glyn Mathias
Commissioner
14th November 2002
Neil McIntosh
Commissioner
14th November 2002
Karamjit Singh
Commissioner
19th November 2002
Sam Younger
Commissioner
19th November 2002
Graham Zellick
Commissioner
28th October 2002


text:
Citation and commencement
1
1
This Order may be cited as the Metropolitan Police Authority (Civil Staff Pensions) Order 2002.
2
This Order shall come into force on 31st October 2002 but have effect from 1st September 2002.
Interpretation
2
In this Order —
“active member”, “deferred member” and “pensioner member” have the meanings given in section 124(1) of the Pensions Act 1995 , and “active membership” and “deferred membership” shall be construed accordingly;
“the effective date” means 1st September 2002;
“the MCSSS ” means the pension arrangements having effect by virtue of section 15(2) of the Superannuation (Miscellaneous Provisions) Act 1967 ;
“the PCSPS ” means the principal civil service pension scheme;
“relevant employment” means employment otherwise than as a constable —
by the Metropolitan Police Authority under the control of the Commissioner of Police of the Metropolis, or
under the Commissioner of Police for the Metropolis or the Receiver for the Metropolitan Police District and with a salary paid out of the Metropolitan Police Fund.
Transfer of active members
3
1
This article applies to any person who on the effective date is employed otherwise than as a constable by the Metropolitan Police Authority under the control of the Commissioner of Police of the Metropolis and immediately before that date was an active member of the MCSSS in that employment.
2
Each person to whom this article applies shall become an active member of the PCSPS.
3
Paragraph (2) does not apply if the person’s active membership of the MCSSS terminates immediately before the effective date, and is without prejudice to the right of any person not to be an active member of the PCSPS.
Transfer of deferred and pensioner members
4
1
This article applies to any person who immediately before the effective date was a deferred member or a pensioner member of the MCSSS by virtue of having been employed in relevant employment.
2
Each person to whom this article applies shall become a deferred member or, as the case may be, a pensioner member of the PCSPS.
3
Paragraph (2) does not apply to any person if his deferred membership of the MCSSS terminates immediately before the effective date, and is without prejudice to the right of any person to have his rights transferred from the PCSPS.
Transfer of rights, liabilities and functions of other beneficiaries
5
1
This article applies where a pension or other benefit was payable to a person under the MCSSS immediately before the effective date by virtue of another person having been a member of the MCSSS in relevant employment.
2
The PCSPS shall apply as respects the payment of that pension or other benefit and all rights, obligations, liabilities and other functions in respect of it.
Pensions granted under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931
6
1
This article applies to any person who immediately before the effective date was in receipt of a pension or other benefit payable under the Metropolitan Police Staff (Superannuation) Acts 1875 to 1931 by the Metropolitan Police Authority.
2
Each person to whom this article applies shall become a pensioner member of the PCSPS.
3
The PCSPS shall apply as respects the payment of that pension or other benefit and all rights, obligations, liabilities and other functions in respect of it.
Michael Wills
Parliamentary Under-Secretary of State
Home Office
19th September 2002
I consent to the making of this Order.
Douglas Alexander
Minister of State
Cabinet Office
24th September 2002


text:
Citation, commencement and effect
1
These Regulations may be cited as the Personal Portfolio Bonds (Tax) (Amendment) Regulations 2002, shall come into force on 6th April 2002 and shall have effect as respects gains treated as arising on or after that day.
Amendment of the Personal Portfolio Bonds (Tax) Regulations 1999
2
In regulation 6 of the Personal Portfolio Bonds (Tax) Regulations 1999 for paragraph (7) substitute —
7
In section 552 —
a
in subsection (1) —
i
in paragraph (a) the words “unless satisfied that no gain is to be treated as arising by reason of the event,” shall be omitted;
ii
in paragraph (b), for “paragraph (a) or (b) of subsection (2)” there shall be substituted “subsection (2)”;
b
for subsection (2) there shall be substituted —
2
For the purposes of this section the condition is that the amount of the gain, or the aggregate amount of the gain and any other gains connected with it, exceeds one half of the basic rate limit for the relevant year of assessment.
;
c
in subsection (5) —
i
for paragraph (b) there shall be substituted —
b
the nature of the chargeable event and the date on which it is treated as having happened;
;
ii
paragraph (c) shall be omitted;
iii
for paragraph (d) there shall be substituted —
d
the amount of the gain treated as arising in accordance with regulations 5(2) and 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999;
;
iv
in paragraph (f)(ii) the words “, except in a case where paragraph (c) above applies,” shall be omitted;
d
for subsection (6) there shall be substituted —
6
For the purposes of subsection (1)(a) above, the relevant three month period is the period of three months beginning with the time given by regulation 5(3), (4) and (4A) of the Personal Portfolio Bonds (Tax) Regulations 1999 .
;
e
for subsection (7) there shall be substituted —
7
For the purposes of subsection (1)(b) above, the relevant three month period is whichever of the following periods ends later —
a
the period of three months following the end of the year of assessment or, where the policy holder is a company, the financial year, in which the event happened; or
b
if a certificate under subsection (1)(b) would not be required in respect of the event apart from the happening of another event, and that other event is a death or an assignment, the period of three months beginning with receipt of written notification of the death or the assignment.
;
f
for subsection (9) there shall be substituted —
9
For the purposes of this section, the year of assessment or financial year to which a gain is attributable is the year in which the gain, treated as arising under regulations 5(2) and 6(1) of the Personal Portfolio Bonds (Tax) Regulations 1999, is treated as arising in accordance with regulation 5(3), (4) and (4A) of those Regulations.
;
g
in subsection (10) —
i
for the definition of “appropriate policy holder” there shall be substituted —
“appropriate policy holder” means the person who is the policy holder immediately before the happening of the event;
; and
ii
the definition of “section 546 excess” shall be omitted; and
h
each of the references to a chargeable event shall be taken to include a reference to the chargeable event treated as occurring by reason of paragraph (1).
7A
In section 552ZA subsection (3) shall be omitted.
.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
28th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Langbaurgh Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Langbaurgh Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the Langbaurgh Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Tees Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make officers of the authority available to the trust during the preparatory period.
3
The Tees and North East Yorkshire National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Educational Standards Fund (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“advanced skills teacher” means a teacher who has been certified by an assessor appointed by the Secretary of State for Education and Skills as eligible for appointment to that post and who has been so appointed;
“approved expenditure” means any expenditure which is approved as provided in regulation 3 below;
“asylum seeker” means a person who has made a claim for asylum which has been recorded by the Secretary of State as having been made and which has not been recorded by the Secretary of State as having been finally determined or abandoned;
“claim for asylum” means a claim that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and the Protocol to that Convention for him to be removed from, or required to leave, the United Kingdom;
“class” means a group in which pupils are taught in an ordinary teaching session;
“determine” means determine by notice in writing;
“education authority” means a local educational authority;
“ Excellence in Cities ” means the programme of action by the Department for Education and Skills to raise education standards in selected urban areas;
“financial year” means a period of 12 months beginning on 1st April;
“fresh start school” means a school which replaces a discontinued school —
which immediately before its discontinuance was a school to which section 15 of the 1998 Act applied, or
which was a secondary school, less than 15 per cent of whose candidates for the General Certificate of Secondary Education in the academic year ending immediately before its discontinuance obtained at least 5 grades A* to C;
“key stage 2” means the second key stage referred to in section 355(1)(b) of the 1996 Act;
“key stage 3” means the third key stage referred to in section 355(1)(c) of the 1996 Act;
“learning support unit” means a unit which provides separate short-term teaching and support programmes for pupils who need intensive support;
“ National Grid for Learning ” means a system of inter-connecting networks and education services based on the Internet which is designed to support teaching, learning, training and administration in schools, the wider education service, and the community;
“nursery education” means full-time or part-time education suitable for children who have not attained compulsory school age (whether provided at schools or elsewhere);
“prescribed expenditure” means —
expenditure by an education authority for or in connection with any of the purposes specified in Schedule 1 other than the purpose specified in paragraphs 6(c); or
expenditure by an education authority which satisfies the conditions specified in paragraph (2) below for or in connection with the purpose specified in paragraph 6(c) of Schedule 1;
“pupil” means a person for whom education is being provided at a school;
“relevant lender” has the meaning given to it in regulation 65(1) of the Local Authorities (Capital Finance) Regulations 1997 ;
“school” means a school maintained by a local education authority;
“small school” means —
a primary school other than a special school with no more than 200 registered pupils, or
a secondary school other than a special school with no more than 600 registered pupils.
“standards fund grant” means a grant under these Regulations;
“study support centre” means a centre providing an out of school hours learning programme aimed at raising standards in literacy and numeracy;
“teacher” means a person who by virtue of regulations relating to the employment of teachers from time to time in force under section 218 of the Education Reform Act 1988 is qualified to be employed as a teacher at a school of the kind described in subsection (12) of that section;
“teaching assistant” means an employee of an education authority or of the governing body of a school who is normally present in a classroom with a teacher and who assists the teacher.
2
The conditions referred to in sub-paragraph (b) of the definition of “prescribed expenditure” in paragraph (1) above are that on 1st April 2002 the education authority —
a
has a credit ceiling, as determined under Part III of Schedule 3 to the 1989 Act which was nil or a negative amount; and
b
had no money outstanding by way of borrowing other than —
i
short-term borrowing (within the meaning of section 45(6) of the 1989 Act); or
ii
borrowing undertaken before 24th August 1995, other than borrowing by the issue of stock on or after 15th December 1993 from a person who is not a relevant lender.
Expenditure in respect of which standards fund grants are payable
3
Standards fund grants shall only be payable in respect of prescribed expenditure incurred or to be incurred in a financial year to the extent to which that expenditure is approved for that period by the Secretary of State for the purposes of these Regulations.
Standards fund grants in respect of payments to third parties
4
Where —
a
an education authority incurs expenditure in making payments, whether by way of maintenance, assistance or otherwise, to any other body or persons (including another education authority) who incur expenditure for or in connection with educational purposes; and
b
that expenditure by the recipient of the payments or any part thereof would be prescribed expenditure if it were expenditure by the authority,
such payments shall to that extent be treated as prescribed expenditure for the purposes of these Regulations.
Rate of standards fund grant
5
1
Standards fund grants in respect of approved expenditure incurred on or after 1st April 2002 shall be payable at the rate of 100 per cent. of such expenditure in respect of items referred to in paragraphs 1(b), 2(b), 3(a), (c) and (d), 4, 5(a) and (c) and 6(a) and, (c) of Schedule 1.
2
Standards fund grants in respect of approved expenditure incurred on or after 1st April 2002 in respect of items referred to in paragraphs of Schedule 1 other than those mentioned in paragraph (1) above shall be payable at the rate of 52 per cent of such expenditure.
Conditions for payment of standards fund grant
6
1
No payment of standards fund grant shall be made except in response to an application from an education authority to the Secretary of State.
2
An education authority shall, when requested by the Secretary of State, inform her of the approved expenditure in respect of which an application for grant has been made which has been or which it is estimated will be incurred by the education authority during the course of the financial year.
7
Where at the time of approving expenditure for the purposes of these Regulations, the Secretary of State requests information in respect of any purpose listed in Schedule 1, payment of standards fund grant in respect of that purpose shall be conditional on that information being included in the education authority’s application for payment of grant.
8
1
The Secretary of State may from time to time determine further conditions on the fulfilment of which the making of any payment under these Regulations shall be dependent.
2
Where conditions have been determined under this regulation no standards fund grant shall be payable unless such conditions have either been fulfilled or been withdrawn under paragraph (3) below.
3
The Secretary of State may determine to withdraw or, after consulting the education authority, vary conditions determined under this regulation.
Requirements to be complied with
9
Any education authority to whom a payment of standards fund grant has been made shall furnish the Secretary of State with such further information as she may require in connection with her functions in relation to the payment of standards fund grant.
10
1
Any education authority to whom a payment of standards fund grant has been made shall comply with such requirements as may be determined by the Secretary of State in the case in question.
2
Requirements determined under this regulation may in particular include requirements as to —
a
the repayment of standards fund grant;
b
the payment to the Secretary of State of other sums related to the value of assets acquired, provided or improved —
i
with the aid of standards fund grant; or
ii
by any other body or persons referred to in regulation 4(a) above with the aid of payments made by the authority in respect of which standards fund grant has been paid; or
c
the payment of interest on sums due to the Secretary of State.
11
1
The Secretary of State may require any education authority to whom a payment of standards fund grant in respect of any of the items specified in Schedule 1 is made to delegate decisions about the spending of —
a
such grant, and
b
the amount allocated by the authority to meet the approved expenditure,
to the governing body of a school.
2
The Secretary of State may determine to withdraw or, after consulting the education authority, vary requirements determined in pursuance of this regulation.
Revocation and transitional provisions
12
1
The Regulations specified in schedule 2 are hereby revoked.
2
Notwithstanding paragraph (1), Regulations made under section 484 of the 1996 Act shall continue to apply in relation to financial years beginning before lst April 2002 for the purpose of paying grant in respect of expenditure incurred in those financial years and any condition or requirement determined by or in accordance with any of those Regulations shall continue to apply.
Stephen Timms
Minister of State,
Department for Education and Skills
6th March 2002