text:
Citation and commencement
1
1
This Order may be cited as the District of West Berkshire (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 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of West Berkshire;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to a map is a reference to the map marked “Map referred to in the District of West Berkshire (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 West Berkshire District Council.
Wards of the district of West Berkshire
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty 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 Cold Ash
4
The parish of Cold Ash 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 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 Newbury
5
1
The existing wards of the parish of Newbury shall be abolished.
2
The parish shall be divided into seven 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 the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Thatcham
6
1
The existing wards of the parish of Thatcham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Thatcham Central, Thatcham North, Thatcham West, and Thatcham South and Crookham; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Thatcham Central, Thatcham North and Thatcham West parish wards shall be four and for the Thatcham South and Crookham parish ward shall be six.
Wards of the parish of Tilehurst
7
1
The existing wards of the parish of Tilehurst shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 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.
Maps
8
The West Berkshire District Council shall make a print of the map marked “Map referred to in the District of West Berkshire (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
9
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
10
Articles 9(1), 9(2), 9(3) and 9(7) of the Berkshire (Structural Change) Order 1996 are revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
29th August 2002
Glyn Mathias
Commissioner
13th August 2002
Neil McIntosh
Commissioner
7th August 2002
Karamjit Singh
Commissioner
7th August 2002
Sam Younger
Commissioner
7th August 2002
Graham Zellick
Commissioner
15th August 2002


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 1) Order 2002.
2
In this Order, “the 2002 Act ” means the Police Reform Act 2002.
2
The following provisions of the 2002 Act shall come into force on 1st October 2002 —
a
Part 1 and Schedule 1 (powers of the Secretary of State);
b
in Part 2 (complaints and misconduct) —
i
section 9(2) to (4) (Independent Police Complaints Commission) for the purpose of making appointments, and section 9(6) in so far as necessary for the purposes of sub-paragraph (ii) below;
ii
paragraph 5(5) of Schedule 2 (chief executive of IPCC );
iii
section 13 (handling of complaints and conduct matters) in so far as necessary for the purposes of article 4(e) below;
iv
section 14(2) and (3) (guidance);
v
section 19 (order authorising use of investigatory powers);
vi
section 23 (regulations) and section 24 (consultation on regulations) except paragraph (a);
vii
section 25 ( NCIS and NCS ) except subsection (4); and
viii
sections 28 (transitional arrangements) and 29 (interpretation of Part 2);
c
in Part 3 (removal, suspension and disciplining of police officers) —
i
section 34 (regulations concerning procedure for removal of senior officers);
ii
section 35 (disciplinary regulations for special constables); and
iii
section 36 (conduct of disciplinary proceedings);
d
in Part 4 (police powers etc ) —
i
section 39(9), (10) and (11)(a), (b) and (d) (regulations concerning complaints against contracted-out staff);
ii
section 43 (railway safety accreditation scheme);
iii
section 47 (interpretation of Chapter 1);
iv
sections 48 and 49 and Schedule 6 (powers of arrest);
v
sections 56, 57(1) to (5) except for the words “or a registered health care professional” in subsection (3) and 58(4) to (8) (specimens taken from persons incapable of consenting);
vi
section 60 (regulations for retention of vehicles);
vii
sections 75 and 76 (British Transport Police); and
viii
section 77 (application of Police (Property) Act 1897 to NCS);
e
in Part 5 (Ministry of Defence Police), sections 78, 80 and 81;
f
in Part 6 (miscellaneous) —
i
section 82(4) (regulations as to nationality);
ii
section 83 (attestation);
iii
section 85 (Director General of NCIS);
iv
sections 88, 89, 90(3), (5) to (7), 91(3) and (5) to (7) (regulations for NCIS and NCS);
v
in section 92(1) (three-year strategy plans), new section 6A(14) and (15) of the Police Act 1996 ;
vi
section 93 (quorum for NCIS and NCS Service Authorities);
vii
section 94 (expenses of members of police authorities);
viii
section 97(10), (11), (13) and (14) (crime and disorder reduction partnerships);
ix
section 99 (power to modify functions and structure of PITO );
x
section 101 (provision of goods and services by police authorities);
xi
section 102(1) to (6) (liability for wrongful acts of constables);
xii
section 103(1) to (3) and (5) to (7) (liability in respect of members of teams); and
xiii
section 104(1) and (3) (assaults on members of teams);
g
in Part 7 (supplemental) —
i
section 107 (consequential amendments and repeals) in so far as it relates to the entries in Schedules 7 and 8 in sub-paragraphs (ii) and (iii) below;
ii
paragraphs 7(4), 11, 12, 14, 16, 17 and 21(1) and (2) of Schedule 7; and
iii
in Schedule 8 (repeals), the entries relating to:
a
the Road Traffic Act 1988;
b
the Official Secrets Act 1989;
c
section 62(1B) of the Police Act 1996;
d
sections 6, 9A and 55A of the Police Act 1997;
e
the Protection from Harassment Act 1997;
f
sections 32 and 84 of the Crime and Disorder Act 1998;
g
the Football (Offences and Disorder) Act 1999;
h
the Countryside and Rights of Way Act 2000;
i
the Criminal Justice and Court Services Act 2000;
j
sections 12, 46 and 71 of the Criminal Justice and Police Act 2001; and
k
the Anti-terrorism, Crime and Security Act 2001.
3
The following provisions of the 2002 Act shall come into force on 1st October 2002 in England only —
a
section 97(1), (3), (4), (7) and (9) (crime and disorder reduction partnerships); and
b
section 98 (Secretary of State’s role in relation to strategies).
4
The following provisions of the 2002 Act shall come into force on 1st October 2002 for the purpose of making regulations or orders —
a
section 17(1) and (5) (provision of information);
b
section 20(5) to (8) (duty to keep complainant informed);
c
section 21(10) to (12) (duty to provide information for other persons);
d
sections 54(2) and (3), 55(3) and (4) and 58(3) and (10) (blood specimens); and
e
Schedule 3 (handling of complaints and conduct matters).
5
The following provisions of the 2002 Act shall come into force on 1st November 2002 —
a
section 84 (delegation of functions in relation to senior appointments); and
b
section 92 (three-year strategy plans) to the extent not already in force.
John Denham
Minister of State
Home Office
5th September 2002


text:
Citation and commencement
1
These Regulations may be cited as the Stakeholder Pension Schemes (Amendment) Regulations 2002 and shall come into force on 4th July 2002.
Amendment of the Stakeholder Pension Schemes Regulations 2000
2
1
Regulation 12 of the Stakeholder Pension Schemes Regulations 2000 (requirement for annual declaration) shall be amended as follows.
2
In paragraph (2) —
a
for “The trustees or manager of the scheme shall, at least once a year,” substitute “Subject to paragraph (2B), the trustees or manager of the scheme shall, within 3 months of each reporting date,”.
b
for “a date not earlier than 3 months prior to the date of the declaration” substitute “the reporting date”.
3
After paragraph (2) insert —
2A
In this regulation reporting date means —
a
in the case of the first reporting date, 5th April 2002 or one year after the date on which the scheme is registered under section 2, whichever is later; and
b
in the case of each subsequent reporting date, a date not later than one year after the previous reporting date.
2B
Where the reporting date is on or before 30th September 2002, the declaration required under paragraph (2) need not be made within 3 months of the reporting date but shall be made on or before 31st December 2002.
.
4
In paragraph (5) for “The trustees” substitute “Subject to paragraph (5A), the trustees”.
5
After paragraph (5) insert —
5A
Where, but for paragraph (2B), the trustees or manager would be required to obtain the statements specified in paragraph (5) from the reporting accountant on or before 29th December 2002, the trustees or manager shall obtain the statements on or before 31st December 2002.
.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
6th June 2002


text:
1
This Order may be cited as the Merchant Shipping (Revocation) (Bermuda) Order 2002 and shall come into force on such date as the Governor of Bermuda may appoint by proclamation published in the Gazette of Bermuda.
2
The following Orders are hereby revoked —
a
The Prevention of Oil Pollution Act 1971 (Bermuda) Order 1980 ;
b
The Merchant Shipping (Safety Convention) (Bermuda) Order 1973 ;
c
The Merchant Shipping (Safety Convention) (Bermuda) (No 2) Order 1973 ;
d
The Merchant Shipping (Load Lines) (Bermuda) Order 1975 ;
e
The Merchant Shipping Act 1979 (Bermuda) Order 1980 ;
f
The Prevention of Oil Pollution (Enforcement of Convention) (Bermuda) Order 1980 ;
g
The Prevention of Oil Pollution (Shipping Casualties) (Bermuda) Order 1980 ;
h
The Carriage of Goods by Sea (Bermuda) Order 1982 ;
i
The Merchant Shipping (Tonnage) (Bermuda) Order 1998 ;
j
The Merchant Shipping (Prevention of Oil Pollution) (Bermuda) Order 1988 ;
k
The Merchant Shipping Act 1988 (Bermuda) Order 1991 ;
l
The Merchant Shipping (Prevention and Control of Pollution) (Bermuda) Order 1992 ; and
m
The Merchant Shipping (Oil Pollution) (Bermuda) Order 1997 .
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cannock Chase Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Cannock Chase Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 20th March 2002 Primary Care Trust to be called the Cannock Chase 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 South Staffordshire 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 South Staffordshire Healthcare National Health Service Trust shall make staff of the NHS trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Miscellaneous Amendments) Regulations 2002.
2
In these Regulations —
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“the Departure Regulations ” means the Child Support Departure Direction and Consequential Amendments Regulations 1996 ;
“the Information Regulations ” means the Child Support (Information, Evidence and Disclosure) Regulations 1992 ;
“the Maintenance Assessments and Special Cases Regulations ” means the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 ;
“the Maintenance Calculation Procedure Regulations ” means the Child Support (Maintenance Calculation Procedure) Regulations 2000 ;
“the Maintenance Calculations and Special Cases Regulations ” means the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 ;
“the Transitional Regulations ” means the Child Support (Transitional Provisions) Regulations 2000 ;
“the Variations Regulations ” means the Child Support (Variations) Regulations 2000 ; and
“the Variations Modification Regulations ” means the Child Support (Variations) (Modification of Statutory Provisions) Regulations 2000 .
3
These Regulations shall come into force as follows —
a
subject to sub-paragraph (b), these Regulations shall come into force on the day after the day that they are made;
b
regulations 2 and 4(a) shall come into force in relation to a particular case on the day on which, respectively, sections 16, 17 and 20 and sections 51 and 54 of the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000 come into force for the purposes of that type of case.
Amendment of the Decisions and Appeals Regulations
2
1
The Decisions and Appeals Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 3A (revision of child support decisions) —
a
in paragraph (1) —
i
after sub-paragraph (c) there shall be inserted —
cc
if an appeal is made under section 20 of the Child Support Act against a decision within the time prescribed in regulation 31, or in a case to which regulation 32 applies within the time prescribed in that regulation, but the appeal has not been determined;
; and
ii
at the end of sub-paragraph (e) there shall be added —
; or
if the grounds for revision are that a person with respect to whom a maintenance calculation was made was not, at the time the calculation was made, a parent of a child to whom the calculation relates.
;
b
for paragraph (3) there shall be substituted —
3
In paragraphs (1), (2) and (5A) and in regulation 4(3) “decision” means a decision of the Secretary of State under section 11, 12 or 46 of the Child Support Act, or a determination of an appeal tribunal on a referral under section 28D(1)(b) of that Act, or any supersession of a decision under section 17 of that Act, whether as originally made or as revised under section 16 of that Act.
; and
c
after paragraph (5) there shall be inserted —
5A
Where —
a
the Secretary of State makes a decision (“decision A”) and there is an appeal;
b
there is a further decision in relation to the appellant (“decision B”) after the appeal but before the appeal results in a decision by an appeal tribunal (“decision C”); and
c
the Secretary of State would have made decision B differently if he had been aware of decision C at the time he made decision B,
decision B may be revised at any time.
.
3
In regulation 6B(4)(e) (circumstances in which a child support decision may not be superseded) the reference to “, (19)” shall be omitted.
4
In regulation 7B (date from which a decision superseded under section 17 of the Child Support Act takes effect) —
a
after paragraph (1) there shall be inserted —
1A
Where a decision is superseded by a decision made by the Secretary of State in a case to which regulation 6A(2)(a) or (3) applies and the relevant circumstance is that —
a
paragraph 4(2) of Schedule 1 to the Child Support Act applies, the decision shall take effect from the first day of the maintenance period on or after —
i
the date on which the non-resident parent becomes the partner of a non-resident parent; or
ii
where a maintenance calculation is first made in respect of the non-resident parent’s partner, the date on which that calculation takes effect for the purposes of the Child Support Act; or
b
paragraph 4(2) of Schedule 1 to the Child Support Act ceases to apply, the decision shall take effect from the first day of the maintenance period on or after the date on which —
i
the non-resident parent or his partner ceases to be a non-resident parent; or
ii
the non-resident parent ceases to be the partner of a non-resident parent.
; and
b
paragraph (19) shall be omitted.
5
In regulation 31(2) (time within which an appeal is to be brought) after “regulation 3(1) or (3)” in both places where it occurs, there shall be inserted “or 3A(1)”.
Amendment of the Departure Regulations
3
After sub-paragraph (b) of paragraph (2) of regulation 23 of the Departure Regulations (assets capable of producing income or higher income) , there shall be added —
; or
if the non-applicant were a claimant, paragraph 64 of Schedule 10 to the Income Support (General) Regulations 1987 (treatment of relevant trust payments) would apply to the asset referred to in that paragraph.
.
Amendment of the Information Regulations
4
In regulation 2(2) of the Information Regulations (persons under a duty to furnish information) —
a
after sub-paragraph (a), there shall be inserted —
aa
where regulation 8(1) of the Maintenance Calculations and Special Cases Regulations applies (persons treated as non-resident parents), a parent of or a person who provides day to day care for the child in respect of whom a maintenance calculation has been applied for or has been treated as applied for or is or has been in force, with respect to the matter listed in sub-paragraph (1) of regulation 3(1);
; and
b
in sub-paragraph (h) —
i
in head (i), after “under” there shall be inserted “the Road Traffic (Northern Ireland) Order 1981 ,”; and
ii
in head (ii), after “1952” there shall be inserted “, the Prison Act (Northern Ireland) 1953 or the Prisons (Scotland) Act 1989 ”.
Amendment of the Maintenance Assessments and Special Cases Regulations
5
Paragraph (1) of regulation 9 of the Maintenance Assessments and Special Cases Regulations (exempt income: calculation or estimation of E) , shall be amended as follows —
a
in sub-paragraph (e), after head (ii), there shall be added —
iii
if the parent were a claimant, the conditions in paragraph 13A of the relevant Schedule (income support enhanced disability premium) would be satisfied in respect of him, an amount equal to the amount specified in paragraph 15(8)(b) of that Schedule;
; and
b
in sub-paragraph (g), after head (ii), there shall be added —
iii
if the conditions set out in paragraph 13A of the relevant Schedule (income support enhanced disability premium) are satisfied in respect of that child, an amount equal to the amount specified in paragraph 15(8)(a) of that Schedule or, where paragraph (2) applies, half that amount;
.
Amendment of the Maintenance Calculation Procedure Regulations
6
1
The Maintenance Calculation Procedure Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1(5) (commencement), for “, 54 and 55” there shall be substituted “and 54”.
3
After regulation 9 (period within which reasons are to be given), there shall be inserted —
Period for parent to state if request still stands
9A
The period to be specified for the purposes of section 46(6) of the Act (period for the parent to state if her request still stands) is 4 weeks from the date on which the Secretary of State serves notice under that subsection.
.
4
In regulation 26(1) (effective dates of maintenance calculations — maintenance order and application under section 4 or 7), for sub-paragraph (c) there shall be substituted —
c
there is a maintenance order which —
i
is in force and was made on or after the date prescribed for the purposes of section 4(10)(a) of the Act;
ii
relates to the person with care, the non-resident parent and all the children to whom the application referred to in sub-paragraph (b) relates; and
iii
has been in force for at least one year prior to the date of the application referred to in sub-paragraph (b).
.
5
In regulation 27 (effective dates of maintenance calculations — maintenance order and application under section 6), in paragraph (1)(c), for “and the non-resident parent”, there shall be substituted “, the non-resident parent and all the children to whom the application referred to in sub-paragraph (b) relates”.
6
In regulation 28(b) (effective dates of maintenance calculations — maintenance order ceases), for “25 or 26” there shall be substituted “26 or 27”.
7
In regulation 29 (effective dates of maintenance calculations in specified cases), after paragraph (b) there shall be added —
c
except where the parent with care has made a request under section 6(5) of the Act, where —
i
in the period of 8 weeks immediately preceding the date the application is made, or treated as made under regulation 3, a maintenance calculation (“the previous maintenance calculation”) has been in force and has ceased to have effect;
ii
the parent with care in respect of the previous maintenance calculation is the non-resident parent in respect of the application;
iii
the non-resident parent in respect of the previous maintenance calculation is the parent with care in respect of the application; and
iv
the application relates to the same qualifying child, or all of the same qualifying children, and no others, as the previous maintenance calculation,
the effective date of the maintenance calculation to which the application relates shall be the date on which the previous maintenance calculation ceased to have effect.
.
8
In regulation 31(3) (transitional provision — effective dates and reduced benefit decisions), for “on or before” there shall be substituted “immediately before”.
Amendment of the Maintenance Calculations and Special Cases Regulations
7
1
The Schedule to the Maintenance Calculations and Special Cases Regulations (net weekly income) shall be amended in accordance with the following paragraphs.
2
In paragraph 8(1), for “of the employment” there shall be substituted “in respect of employment which are of a type which would be taken into account under paragraph 7(1)”.
3
For paragraph 13, there shall be substituted —
13
1
Subject to sub-paragraphs (2) and (3), payments made by way of disabled person’s tax credit under section 129 of the Contributions and Benefits Act to a non-resident parent shall be treated as the income of the non-resident parent, at the rate payable at the effective date.
2
Where disabled person’s tax credit is payable where a non-resident parent and another person both meet the entitlement criteria for the payment and the amount which is payable has been calculated by reference to the weekly earnings of the non-resident parent and the other person —
a
where during the period which is used by the Inland Revenue to calculate the non-resident parent’s income the normal weekly earnings (as determined in accordance with Chapter II of Part V of the Disability Working Allowance (General) Regulations 1991 ) of that parent exceed those of the other person, the amount payable by way of disabled person’s tax credit shall be treated as the income of that parent;
b
where during that period the normal weekly earnings of that parent equal those of the other person, half of the amount payable by way of disabled person’s tax credit shall be treated as the income of that parent; and
c
where during that period the normal weekly earnings of that parent are less than those of that other person, the amount payable by way of disabled person’s tax credit shall not be treated as the income of that parent.
3
Where —
a
disabled person’s tax credit is in payment; and
b
not later than the effective date the person, or, if more than one, each of the persons by reference to whose entitlement that payment has been calculated is no longer the partner of the person to whom that payment is made,
the payment shall only be treated as the income of the non-resident parent in question where he is in receipt of it.
.
Amendment of the Transitional Regulations
8
1
The Transitional Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 4 (revision, supersession and appeal of conversion decisions), for paragraph (4) there shall be substituted —
4
In their application to a decision referred to in these Regulations, the Decisions and Appeals Regulations shall be modified so as to provide —
a
on any revision or supersession of a conversion decision under section 16 or 17 respectively of the Act, that —
i
the conversion decision may include a relevant departure direction or relevant property transfer; and
ii
the effective date of the revision or supersession shall be as determined under the Decisions and Appeals Regulations or the case conversion date, whichever is the later;
b
on any appeal in respect of a conversion decision under section 16 or 17 respectively of the Act, that the time within which the appeal must be brought shall be —
i
within the time from the date of notification of the conversion decision against which the appeal is brought, to one month after the case conversion date of that decision; or
ii
as determined under the Decisions and Appeals Regulations,
whichever is the later.
.
3
Regulation 9 (amount of child support maintenance payable) shall be amended as follows —
a
in paragraph (1), for the words after “the new amount,”, there shall be substituted —
unless —
regulation 10 applies, in which case it shall be a transitional amount as provided for in regulations 11 and 17 to 28; or
regulation 12 or 13 applies, in which case it shall be a transitional amount as provided for in those regulations.
; and
b
in paragraph (2), for “regulations 10 to 28” there shall be substituted “regulations 10 to 14 and 16 to 28”.
4
In regulation 10 (circumstances in which a transitional amount is payable), after “reduced rate”, there shall be inserted “, an amount calculated under regulation 22”.
5
Regulation 12 (transitional amount in flat rate cases) shall be amended as follows —
a
in paragraphs (1) and (2), “, nil” shall be omitted at the end of the paragraph;
b
in paragraph (3), for the words after “apportioned” there shall be substituted “among the persons with care, other than any in respect of whom paragraph 8 of Part I of Schedule 1 to the Act applies, in accordance with paragraph 6(2) of that Schedule, unless paragraph (4) or (5) applies.”;
c
in paragraphs (4) and (5), after “paragraph 4(1)(b)” there shall be inserted “or (c)”;
d
for paragraph (6) there shall be substituted —
6
Where paragraph (4) or (5) applies, the transitional amount shall be apportioned among the persons with care, other than any in respect of whom the former assessment amount is nil and paragraph 8 of Part I of Schedule 1 to the Act applies, in accordance with paragraph 6(2) of that Schedule.
; and
e
in paragraph (7), “in paragraph (5)” shall be omitted.
6
Regulation 13 (transitional amount–certain flat rate cases) shall be renumbered as paragraph (1) of that regulation and at the end there shall be added —
2
Where paragraph 4(1)(b) or (c) of Part I of Schedule 1 to the Act applies and the former assessment amount is nil, the amount of child support maintenance payable for the year beginning on the case conversion date shall be a transitional amount equivalent to half the first prescribed amount and thereafter shall not be a transitional amount but shall be the new amount.
.
7
In regulation 14(c) (certain cases where the new amount is payable), “or” shall be omitted.
8
In regulation 15(4) (case conversion date) —
a
for “paragraph (3)” there shall be substituted “this regulation”; and
b
before the definition of “relevant person”, there shall be inserted —
“maintenance assessment” has the meaning given in section 54 of the former Act;
.
9
In regulation 17 (relevant departure decision and relevant property transfer) —
a
in the heading, for “decision” there shall be substituted “direction”; and
b
for paragraph (6), there shall be substituted —
6
Where, but for the application of a relevant departure direction referred to in paragraph (5), the new amount would be —
a
the first prescribed amount owing to the application of paragraph 4(1)(b) of Part I of Schedule 1 to the Act;
b
the amount referred to in sub-paragraph (a), but is less than that amount or is nil, owing to the application of paragraph 8 of that Part; or
c
the nil rate under paragraph 5(a) of that Part,
paragraph (5) applies where the amount of the additional income exceeds £100.
.
10
In regulation 21(1) (effect on conversion calculation — relevant property transfer), for “regulation 23” there shall be substituted “regulations 23 and 23A”.
11
In regulation 22(1) (effect on conversion calculation — maximum amount payable where relevant departure direction is on additional cases ground) for “the amount of child support maintenance which the non-resident parent shall be liable to pay” there shall be substituted “the new amount”.
12
In paragraph (2) of regulation 23 (effect of a relevant departure direction on conversion calculation — general), the words from “, other” to “costs),” shall be omitted.
13
After regulation 23, there shall be inserted —
Effect of a relevant property transfer and a relevant departure direction — general
23A
Where —
a
more than one relevant property transfer applies; or
b
one or more relevant property transfers and one or more relevant departure directions apply,
regulation 23 shall apply as if references to a relevant departure direction were to a relevant property transfer or to the relevant property transfers and relevant departure directions, as the case may be.
.
14
In regulation 24 (phasing amount) —
a
in paragraph (3), for “For”, there shall be substituted “Subject to paragraph (4), for”; and
b
after paragraph (3), there shall be added —
4
Where the new amount is calculated under regulation 22(1), “relevant income” for the purposes of paragraph (2) is the aggregate of the income calculated under regulation 22(1)(b).
.
15
Regulation 27 (subsequent decision with effect in transitional period — amount payable) shall be amended as follows —
a
in paragraph (3)(b), after “new amount,” there shall be added “and greater than the previous transitional amount,”;
b
in paragraph (5)(b), after “new amount,” there shall be added “and less than the previous transitional amount,”;
c
in paragraph (6) for the words after “prescribed amount” there shall be substituted —
, would be the first or the second prescribed amount but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Act, or is the nil rate.
.
16
Regulation 28 (linking provisions) shall be amended as follows —
a
in paragraphs (1) and (2), for “Where” there shall be substituted “Subject to paragraph (2A), where”;
b
after paragraph (2), there shall be inserted —
2A
Paragraph (1) or (2) shall not apply where, before any application for a maintenance calculation of a type referred to in paragraph (1) or (2) is made or treated as made, an application for a maintenance calculation is made or treated as made in relation to either the person with care or the non-resident parent (but not both of them) to whom the maintenance assessment referred to in paragraph (1) or (2) related.
;
c
in paragraph (4)(a), for the words from “at the first” to the end of the sub-paragraph there shall be substituted —
at —
the first or second prescribed amount;
what would be an amount referred to in head (i) but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Act; or
the nil rate; and
;
d
in paragraph (4)(b), for the words after “other than” there shall be substituted “a rate referred to in sub-paragraph (a)”;
e
in paragraph (5), for “Where” there shall be substituted “Subject to paragraph (5A), where”;
f
after paragraph (5), there shall be inserted —
5A
Paragraph (5) shall not apply where, before any second subsequent decision is made, an application for a maintenance calculation is made or treated as made in relation to either the person with care or the non-resident parent (but not both of them) to whom the first subsequent decision referred to in paragraph (4) related.
;
g
in paragraph (7) —
i
for “Where” there shall be substituted “Subject to paragraph (7A), where”; and
ii
for “an application for child support maintenance” there shall be substituted “an application for a maintenance calculation”;
h
after paragraph 7, there shall be inserted —
7A
Paragraph (7) shall not apply where, before an application for a maintenance calculation of a type referred to in that paragraph is made or treated as made, an application for a maintenance calculation is made or treated as made in relation to either the person with care or the non-resident parent (but not both of them) to whom the conversion calculation referred to in that paragraph related.
;
i
paragraph (8) shall be amended as follows —
i
for “Where” there shall be substituted “Subject to paragraph (9), where”; and
ii
for sub-paragraph (a), there shall be substituted —
a
a conversion calculation is in force, or pursuant to regulation 16(3) a maintenance calculation is in force, (“the calculation”) and the new amount —
i
is the first or second prescribed amount;
ii
would be an amount referred to in head (i), but is less than that amount, or is nil, owing to the application of paragraph 8 of Part I of Schedule 1 to the Act; or
iii
is the nil rate;
; and
j
after paragraph (8), there shall be added —
9
Paragraph (8) shall not apply where, before a subsequent decision of a type referred to in paragraph (8)(b) is made, an application for a maintenance calculation is made or treated as made in relation to the person with care or the non-resident parent (but not both of them) to whom the calculation relates.
.
Amendment of the Variations Regulations
9
1
The Variations Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 7 (prescribed circumstances) —
a
in paragraph (1), for “section 28G” there shall be substituted “section 28A or 28G”; and
b
in paragraph (7) —
i
after “agreed” there shall be inserted “and the application had been made under section 28G of the Act”; and
ii
after “effect” there shall be inserted “and if the variation were agreed, and the application had been made under section 28A of the Act, the decision under section 11 of the Act would take effect”.
3
In regulation 9(6) (procedure in relation to the determination of an application), for “4(a)” there shall be substituted “(4)(a)”.
4
In regulation 16(4) (prescription of terms), for “£5000”, there shall be substituted “£4999.99”.
5
In regulation 18 (assets) —
a
in sub-paragraph (a) of paragraph (1), for “has the beneficial interest”, there shall be substituted “has a beneficial interest”; and
b
paragraph (3) shall be amended as follows —
i
in sub-paragraph (d), before “to any” there shall be inserted “except where the asset is of a type specified in paragraph (2)(b) and produces income which does not form part of the net weekly income of the non-resident parent as calculated or estimated under Part III of the Schedule to the Maintenance Calculations and Special Cases Regulations,”; and
ii
after sub-paragraph (e), there shall be added —
; or
where, were the non-resident parent a claimant, paragraph 22 (treatment of payments from certain trusts) or 64 (treatment of relevant trust payments) of Schedule 10 to the Income Support (General) Regulations 1987 would apply to the asset referred to in that paragraph.
.
6
In regulations 18(5), 19(5)(a) and 20(5), after “allowance” there shall be inserted “prescribed for the purposes of paragraph 4(1)(b) of Schedule 1 to the Act”.
Amendment of the Variations Modification Regulations
10
In regulation 8(1) of the Variations Modification Regulations (modification of Schedule 4A), for ““the application for a””, there shall be substituted ““application for a””.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th April 2002


text:
1
This Instrument may be cited as The Gloucestershire County Council (Castle Meads Bridge) Scheme 2001 Confirmation Instrument 2002 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Gloucestershire County Council (Castle Meads Bridge) Scheme 2001 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA, and at the offices of Gloucestershire County Council, Shire Hall, Westgate Street, Gloucester.
Signed by authority of the Secretary of State for Transport
J. Blackie
Regional Director, Government Office for the North East
30th December 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
2
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 .
Amendment of regulation 7 of the principal Regulations
2
1
Regulation 7 of the principal Regulations (purchase of dried milk at a reduced price) shall be amended in accordance with the following provisions of this regulation.
2
In paragraph 7(1)(c), for “£4.05”, there shall be substituted “£4.10”; and
3
In paragraph 7(1A), for “£71” there shall be substituted “£72.20”.
Revocations
3
The following Regulations are revoked —
The Welfare Food (Amendment) Regulations 1997
The Welfare Food (Amendment) Regulations 1998
The Welfare Food (Amendment) Regulations 1999
The Welfare Food (Amendment) Regulations 2001 .
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
5th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid Yorkshire Hospitals National Health Service Trust (Establishment) and the Pinderfields and Pontefract Hospitals National Health Service Trust and the Dewsbury Health Care National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
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 ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Mid Yorkshire Hospitals 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 Mid Yorkshire Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, for the purposes of the health service at or from Pinderfields General Hospital, Aberford Road, Wakefield, WF1 4EE and at or from Pontefract General Infirmary and Dewsbury and District Hospital
and at or from any associated hospitals, establishments and facilities.
Directors of 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.
Dissolution of NHS trust
6
1
The Pinderfields and Pontefract Hospitals National Health Service Trust established by the Pinderfields and Pontefract Hospitals National Health Service Trust (Establishment) Order 1997 is hereby dissolved, and accordingly that Order is revoked.
2
The Dewsbury Health Care National Health Service Trust established by the Dewsbury Health Care National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
19th March 2002


text:
Citation and commencement
1
These Rules may be cited as the Courts-Martial (Royal Air Force) (Amendment) Rules 2002 and shall come into force on 28th February 2002.
Amendment to Rules
2
1
The Courts-Martial (Royal Air Force) Rules 1997 are amended in accordance with the provisions of this rule.
2
In paragraphs (2)(b) and (3)(b) of rule 16 (convening the court), after “officer members of the court,” there is inserted “any warrant officer members of the court,”.
3
In rule 17 (ineligibility for membership of courts-martial), after “An officer” there is inserted “or warrant officer”.
4
In rule 37(6)(ii) (pre-trial hearing), after “officer members” there is inserted “and any warrant officer members”.
5
In rule 38(1)(b) (challenges and oaths at a pre-trial hearing), after “officer member” there is inserted “or warrant officer member”.
6
In rule 40 (challenges by the accused) —
a
in paragraph (2), after “officer” there is inserted “or warrant officer”; and
b
in paragraph (6), after “officer member other than the president” there is inserted “or any warrant officer member”.
7
In rule 41(3) (administration of oaths and affirmations), after paragraph (b) insert —
bb
any warrant officer member of the court;
.
8
In Schedule 2, Form 1 (form of summons to witness), after “documents” in each place where it occurs there is inserted “or things”.
Adam Ingram
Minister of State, Minister of Defence
5th February 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Governors' Annual Reports) (England) (Amendment) (No. 2) Regulations 2002 and shall come into force on 2nd October 2002.
2
In these Regulations, “the principal Regulations ” means the Education (Governors' Annual Reports) (England) Regulations 1999 .
Amendment of the principal Regulations
2
After regulation 3 of the principal Regulations the following regulation shall be inserted —
3A
The governors' report may be combined with any other document whose preparation by the governing body is required by or under any enactment.
.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
28th August 2002


text:
Citation, commencement, extent and interpretation
1
1
This Order may be cited as the Regulatory Reform (Vaccine Damage Payments Act 1979) Order 2002 and shall come into force on the day after the day on which it is made.
2
The amendments made to the Act by articles 2 and 3 of this Order shall apply to claims for payments under section 1(1) of the Act which are made on or after the day on which this Order comes into force.
3
This Order extends to Northern Ireland and the Isle of Man.
4
In this Order “the Act” means the Vaccine Damage Payments Act 1979 .
Meaning of “severely disabled”
2
In section 1(4) of the Act (meaning of “severely disabled”) , for “80 per cent.” there shall be substituted “60 per cent.”.
Time limit for claims
3
In section 3 of the Act (determination of claims), for subsection (1)(c) there shall be substituted —
c
on or before whichever is the later of —
i
the date on which the disabled person attains the age of 21, or where he has died, the date on which he would have attained the age of 21; and
ii
the end of the period of six years beginning with the date of the vaccination to which the claim relates;
.
Transitional claims
4
The provisions in the Schedule to this Order shall have effect and are designated as subordinate provisions for the purposes of section 4(3) of the Regulatory Reform Act 2001.
Consequential amendment
5
In section 7B(1) of the Act (finality of decisions) , after “Subject to the provisions of this Act” there shall be inserted “and article 4 of, and the Schedule to, the Regulatory Reform (Vaccine Damage Payments Act 1979) Order 2002 (modifications of this Act in relation to transitional claims)”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th June 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Health Service (Control of Patient Information) Regulations 2002 and shall come into force on 1st June 2002.
2
In these Regulations —
“ the Act ” means the Health and Social Care Act 2001,
“public authority” has the same meaning as in section 3(1) of the Freedom of Information Act 2000 ;
“public health laboratory service” means the microbiological service provided by the Public Health Laboratory Service Board under section 5(2)(c) and (4) of the National Health Service Act 1977 ;
“research ethics committee” means a local research ethics committee established or recognised by a health authority within its area or a multi-centre research ethics committee which is recognised by Secretary of State in respect of research carried out within five or more health authority areas or any other research ethics committee recognised by the Secretary of State.
3
Any notice given under these Regulations shall be —
a
in writing; or
b
transmitted by electronic means in a legible form which is capable of being used for subsequent reference.
4
Any reference in these Regulations to a numbered regulation is a reference to the regulation which bears that number in these Regulations and any reference to a numbered paragraph in a regulation is a reference to the paragraph which bears that number in that regulation.
5
These Regulations extend to England and Wales only.
Medical purposes related to the diagnosis or treatment of neoplasia
2
1
Subject to paragraphs (2) to (3) and regulation 7, confidential patient information relating to patients referred for the diagnosis or treatment of neoplasia may be processed for medical purposes approved by the Secretary of State which comprise or include —
a
the surveillance and analysis of health and disease;
b
the monitoring and audit of health and health related care provision and outcomes where such provision has been made;
c
the planning and administration of the provision made for health and health related care;
d
medical research approved by research ethics committees;
e
the provision of information about individuals who have suffered from a particular disease or condition where —
i
that information supports an analysis of the risk of developing that disease or condition; and
ii
it is required for the counseling and support of a person who is concerned about the risk of developing that disease or condition.
2
For the purposes of this regulation, “processing” includes (in addition to the use, disclosure or obtaining of information) any operations, or set of operations, which are undertaken in order to establish or maintain databases for the purposes set out in paragraph (1), including —
a
the recording and holding of information;
b
the retrieval, alignment and combination of information;
c
the organisation, adaption or alteration of information;
d
the blocking, erasure and destruction of information.
3
The processing of confidential patient information for the purposes specified in paragraph (1) may be undertaken by bodies or persons who (either individually or as members of a class) are —
a
approved by the Secretary of State, and
b
authorized by the person who lawfully holds the information.
4
Where the Secretary of State considers that it is necessary in the public interest that confidential patient information is processed for a purpose specified in paragraph (1), he may give notice to any body or person who is approved and authorized under paragraph (3) to require that body or person to process that information for that purpose and any such notice may require that the information is processed forthwith or within such period as is specified in the notice.
5
Where confidential information is processed under this regulation, the bodies and persons approved under paragraph (3) shall make available to the Secretary of State such information as he may require to assist him in the investigation and audit of that processing and in his annual consideration of the provisions of these Regulations which is required by section 60(4) of the Act.
Communicable disease and other risks to public health
3
1
Subject to paragraphs (2) and (3) and regulation 7, confidential patient information may be processed with a view to —
a
diagnosing communicable diseases and other risks to public health;
b
recognising trends in such diseases and risks;
c
controlling and preventing the spread of such diseases and risks;
d
monitoring and managing —
i
outbreaks of communicable disease;
ii
incidents of exposure to communicable disease;
iii
the delivery, efficacy and safety of immunisation programmes;
iv
adverse reactions to vaccines and medicines;
v
risks of infection acquired from food or the environment (including water supplies);
vi
the giving of information to persons about the diagnosis of communicable disease and risks of acquiring such disease.
2
For the purposes of this regulation, “processing” includes any operations, or set of operations set out in regulation 2(2) which are undertaken for the purposes set out in paragraph (1).
3
The processing of confidential patient information for the purposes specified in paragraph (1) may be undertaken by —
a
the Public Health Laboratory Service;
b
persons employed or engaged for the purposes of the health service;
c
other persons employed or engaged by a Government Department or other public authority in communicable disease surveillance.
4
Where the Secretary of State considers that it is necessary to process patient information for a purpose specified in paragraph (1), he may give notice to any body or person specified in paragraph (3) to require that body or person to process that information for that purpose and any such notice may require that the information is processed forthwith or within such period as is specified in the notice.
5
Where confidential information is processed under this regulation, the bodies and persons specified in paragraph (3) shall make available to the Secretary of State such information as he may require to assist him in the investigation and audit of that processing and in his annual consideration of the provisions of these Regulations which is required by section 60(4) of the Act.
Modifying the obligation of confidence
4
Anything done by a person that is necessary for the purpose of processing confidential patient information in accordance with these Regulations shall be taken to be lawfully done despite any obligation of confidence owed by that person in respect of it.
General
5
Subject to regulation 7, confidential patient information may be processed for medical purposes in the circumstances set out in the Schedule to these Regulations provided that the processing has been approved —
a
in the case of medical research, by both the Secretary of State and a research ethics committee, and
b
in any other case, by the Secretary of State.
Registration
6
1
Where an approval granted by the Secretary of State under regulation 5 permits the transfer of confidential patient information between bodies or persons who may determine the purposes for which, and the manner in which, the information may be processed, he shall record in a register the name and address of the bodies or persons to whom that information may be transfered together with the particulars specified in paragraph (2).
2
The following particulars are specified for inclusion in each entry in the register —
a
a description of the confidential patient information to which the approval relates;
b
the medical purposes for which the information may be processed;
c
the provisions in the Schedule to these Regulations under which the information may be processed; and
d
such other particulars as the Secretary of State may consider appropriate to enter in the register.
3
The Secretary of State shall retain the particulars of each entry in the register for so long as confidential patient information may be processed under an approval to which the entry relates and for not less than 12 months after the termination of that approval.
4
The Secretary of State shall, in such manner and to the extent to which he considers it appropriate, publish entries in the register.
Restrictions and exclusions
7
1
Where a person is in possession of confidential patient information under these Regulations, he shall not process that information more than is necessary to achieve the purposes for which he is permitted to process that information under these Regulations and, in particular, he shall —
a
so far as it is practical to do so, remove from the information any particulars which identify the person to whom it relates which are not required for the purposes for which it is, or is to be, processed;
b
not allow any person access to that information other than a person who, by virtue of his contract of employment or otherwise, is involved in processing the information for one or more of those purposes and is aware of the purpose or purposes for which the information may be processed;
c
ensure that appropriate technical and organisational measures are taken to prevent unauthorised processing of that information;
d
review at intervals not exceeding 12 months the need to process confidential patient information and the extent to which it is practicable to reduce the confidential patient information which is being processed;
e
on request by any person or body, make available information on the steps taken to comply with these Regulations.
2
No person shall process confidential patient information under these Regulations unless he is a health professional or a person who in the circumstances owes a duty of confidentiality which is equivalent to that which would arise if that person were a health professional.
3
For the purposes of paragraph (2) “health professional” has the same meaning as in section 69(1) of the Data Protection Act 1998 .
Enforcement Procedure
8
1
Any person who does not comply with a requirement imposed on him under regulation 2(4) or (5), 3(4) or (5) or 7 may be subject to a civil penalty of not exceeding £5000.
2
The Secretary of State may determine whether any person has not complied with such a requirement and he may assess whether it is appropriate to impose the maximum civil penalty, a lesser penalty or no penalty having regard to the seriousness of any non-compliance, the circumstances of any person who has not complied and the need to ensure the compliance in respect of any such future requirements.
3
Any penalty payable under this regulation shall be recoverable by the Secretary of State as a civil debt.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
23rd May 2002


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) (No. 3) Regulations 2002 and shall come into force on 8th January 2003.
Amendment of regulation 3 of the Asylum Support Regulations 2000
2
For regulation 3(4) of the Asylum Support Regulations 2000 (“the 2000 Regulations ”) , there is substituted —
4
The application may not be entertained by the Secretary of State —
a
where it is made otherwise than in accordance with paragraph (3); or
b
where the Secretary of State is not satisfied that the information provided is complete or accurate or that the applicant is co-operating with enquiries made under paragraph (5).
.
Amendment of the Schedule to the Asylum Support Regulations 2000
3
The Schedule to these Regulations, which provides for amendments to be made to the Application Form and Notes found in the Schedule to the 2000 Regulations, shall have effect.
Beverley Hughes
Minister of State
Home Office
16th December 2002


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002 and shall come into force on 13th September 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 2002/80/ EC imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey as amended by Commission Decision 2002/233/EC and Commission Decision 2002/679/EC ;
“controlled Turkish products” means Turkish products which are intended for human consumption or to be used as an ingredient in foodstuffs;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs as amended by Commission Directive 2002/27/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 —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“Turkish products” means products of the categories to which Article 1.1 of the Commission Decision applies and which originate in or are consigned from Turkey.
2
Any term used in the definition of “controlled Turkish products” or “Turkish products” in paragraph (1) has the same meaning as in the Commission Decision.
Prohibition on import
3
1
Subject to paragraph (3), no person shall import into England any controlled Turkish products unless —
a
the conditions specified in Article 1.1 and 1.3 of the Commission Decision are satisfied in relation to those products; or
b
the derogation contained in Article la of the Commission Decision (which is concerned with consignments which left Turkey prior to 11th March 2002) is satisfied in relation to them.
2
Subject to paragraph (3), no person shall import into England any controlled Turkish products, except through a point of entry listed in Annex II to the Commission Decision.
3
Neither paragraph (1) nor paragraph (2) shall be taken to prohibit the import into England from a member State of any controlled Turkish products which are in free circulation in that State.
4
Any person who knowingly contravenes paragraph (1) or (2) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
5
For the purposes of determining whether or not any person is guilty of an offence consisting of a breach of paragraph (4), any Turkish products shall be presumed until the contrary is proved to be controlled Turkish products.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
3
For the purposes of the exercise of the duty referred to in paragraph (1) or, as the case may be, (2), an authorised officer of the authority concerned shall —
a
ensure that the requirements referred to in paragraph (4) are adhered to; and
b
have the same powers of entry as are bestowed on an authorised officer of an enforcement authority by section 32 of the Act for purposes connected with the Act or Regulations or Orders made under the Act.
4
The requirements are those specified in —
a
Article 1.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled Turkish products); and
b
Article 1.5 and 1.6 of that Decision (which provisions are concerned with the sampling and analysis of such consignments), other than the requirement under Article 1.5 to supply the Commission with specified information.
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 Food Safety Act 1990 and sampling and analysis
5
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 20 (offences due to fault of another person);
b
section 33(1) (obstruction etc. of officers);
c
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (b);
d
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (b);
e
section 35(2) and (3), in so far as it relates to offences under section 33(2) as applied by sub-paragraph (c);
f
section 36 (offences by bodies corporate); and
g
section 44 (protection of officers acting in good faith).
2
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 at any premises which he is authorised to enter by virtue of regulation 4(3)(b) of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002;
;
c
the power to take samples under subsections (b) and (d) shall be limited to the taking of samples in accordance with —
i
in the case of controlled Turkish products other than hazelnuts, the methods of taking samples described or referred to in Annex 1 to Directive 98/53/EC , and
ii
in the case of hazelnuts, those methods, but subject to the modifications specified in the third sub-paragraph of Article 1.6 of the Commission Decision;
d
subsection (c) shall be omitted; and
e
for the words “any of the provisions of this Act or of regulations or orders made under it” in subsection (d) there shall be substituted the words “the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002”.
3
Where, pursuant to section 29(b) of the Act as applied for the purposes of these Regulations by paragraph (2), an authorised officer has taken a sample of any controlled Turkish products, he shall ensure that — -
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC , and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
an analysis of the sample is carried out at a laboratory which complies with Council Directive 93/99/ EEC on the subject of additional measures concerning the official control of foodstuffs ;
c
that analysis is carried out as soon as practicable by a suitably qualified analyst in accordance with methods of analysis which —
i
so far as practicable, comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes thereto; and
d
the reporting of the result of that analysis —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
4
Before an analyst agrees to analyse a sample in accordance with paragraph (3)(c) he may demand the payment in advance of such reasonable fee as he may require.
5
An analyst who has analysed a sample in accordance with paragraph (3)(c) shall give to the person by whom it was submitted a certificate which shall both specify the result of the analysis and be signed by the analyst.
6
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 (5); or
b
a document supplied to him by 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.
7
Where a sample procured under section 29 of the Act as applied for the purposes of these Regulations by paragraph (2) has been analysed in accordance with paragraph (3)(b) and (c), 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.
8
Nothing in paragraph (3)(c) shall be taken as preventing an analysis being made by a person acting under the analyst’s direction.
Redispatch or destruction of illegal imports
6
1
If on an inspection or examination of any Turkish products it appears to an authorised officer of a port health authority or as the case may be food authority that they have been imported in contravention of regulation 3(1) or (2) he may after appropriate consultation with a person appearing him to be the importer serve on that person a notice ordering —
a
the redispatch of the Turkish products outside the European Community within such reasonable period as shall be specified in the notice; or
b
(where such redispatch would in his opinion involve serious risks to human health) the destruction of the Turkish products within such reasonable period as shall be so specified.
2
In any case where such an appeal as is mentioned in paragraph (3) may be brought the notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether or not the notice was lawfully served.
4
The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
5
The procedure on an appeal to a magistrates' court under paragraph (3) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
6
If the court allows an appeal brought under paragraph (3) the authority concerned shall compensate the owner of the Turkish products concerned for any depreciation in their value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
Any person who breaches the terms of a notice served under 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 to imprisonment for a term not exceeding three months.
Revocation of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (Regulations) 2002
7
The Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (Regulations) 2002 are revoked.
Signed by authority of the Secretary of State for Health
David Cammy
Parliamentary Under-Secretary of State,
Department of Health
11th September 2002


text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2002, and shall come into force on 1st September 2002.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply in relation to a school year beginning on or after the date that they come into force.
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
2
1
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 shall be amended as follows.
2
In regulation 2(2) (clothing grant), for “£11,952” there shall be substituted “£12,227”.
3
In regulation 2(3), for subparagraphs (a) and (b) there shall be substituted —
a
£75 where the relevant income does not exceed £11,368; and
b
£39 where that income exceeds £11,368 but does not exceed £12,227
.
4
In regulation 4 (travel grant) —
a
in paragraph (3), for “£11,129” there shall be substituted “£11,381”; and
b
in paragraph (4) —
i
for “£11,129” there shall be substituted “£11,381”; and
ii
for “£10,950” there shall be substituted “£11,202”.
David Miliband
Minister of State,
Department for Education and Skills
24th July 2002


text:
Title, commencement and extent
1
These Regulations may be cited as the Feedingstuffs (Zootechnical Products) (Amendment) (England, Scotland and Wales) Regulations 2002; they extend to England, Scotland and Wales and come into force on 31st March 2002.
Amendment of the Feedingstuffs (Zootechnical Products) Regulations 1999
2
In so far as they extend to England, Scotland and Wales, the Feedingstuffs (Zootechnical Products) Regulations 1999 (“the principal Regulations”) are amended in accordance with these Regulations.
Amendment and substitution of regulations
3
At the end of the definition of “the MF Regulations” in regulation 2(1) of the principal regulations there are inserted the words “as amended by the Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2002”.
4
The following regulation is substituted for regulation 75 of the principal Regulations —
75
1
The enforcement authority shall carry out official checks and enforce these Regulations.
2
The occupier of premises specified in Part II of Schedule 3, and intermediaries specified in Part III, shall pay to the enforcement authority the annual fee specified in the Schedule for carrying out official checks within 30 days of the notice from the enforcement authority requiring it; except that this shall not apply in relation to premises approved for the manufacture of medicated premixes under the Medicine Act 1968 .
.
Substitution for Schedule 3
5
The Schedule to these Regulations is substituted for Schedule 3 to the principal Regulations.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th March 2002


text:
1
1
This Order may be cited as the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Amendment) (No. 2) Order 2002, and shall come into force on 23rd December 2002.
2
In this Order, “the principal Orders” means —
a
(in relation to England and Wales) the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) Order 1991 ; and
b
(in relation to Northern Ireland) the Criminal Justice (International Co-operation) Act 1990 (Enforcement of Overseas Forfeiture Orders) (Northern Ireland) Order 1991 .
2
There shall be inserted in Schedule 2 to each of the principal Orders (designation of countries and territories for drug trafficking offences), at the appropriate place in alphabetical order, the entry for the territory specified in Schedule 1 to this Order.
3
There shall be inserted in Schedule 3 to each of the principal Orders (designation of countries and territories for other offences), at the appropriate place in alphabetical order, the entries for the countries specified in Schedule 2 to this Order.
A. K. Galloway,
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Invicta Community Care 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 Invicta Community Care National Health Service Trust ;
“the new Trust” means the West Kent National Health Service and Social Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 21st March 2002 and on behalf of the new Trust on 25th 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
28th March 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Admission Forums) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“ the Act ” means the School Standards and Framework Act 1998;
“authority” in relation to a forum or the establishment of a forum means the local education authority for the area for which the forum has been, or is to be, established;
“core members” are the members of a forum appointed under regulation 5(1)(a);
“city technology college” includes a city college for the technology of the arts;
“forum” means an admission forum established in accordance with these Regulations;
“other members” are the members of a forum appointed under regulation 5(l)(b);
“parent governor representative” means a person appointed to an education overview and scrutiny committee of a 1ocal education authority in accordance with the Parent Governor Representatives (England) Regulations 2001 ;
“school group” shall be construed in accordance with regulation 4;
“secretary” means the secretary of a forum appointed under regulation 8.
Role of a forum
3
1
The role of a forum shall be to —
a
consider how well existing and proposed admission arrangements serve the interests of children and parents within the area of the authority;
b
promote agreement on admission issues;
c
consider the comprehensiveness and accessibility of the admission literature and information for parents, produced by each admission authority within the area of the forum;
d
consider the effectiveness of the authority’s proposed co-ordinated admission arrangements;
e
consider the means by which admissions processes might be improved and how actual admissions relate to the admission numbers published;
f
monitor the admission of children who arrive in the authority’s area outside a normal admission round with a view to promoting arrangements for the fair distribution of such children among local schools, taking account of any preference expressed in accordance with arrangements made under section 86(1) of the Act;
g
promote the arrangements for children with special educational needs, looked after children and children who have been excluded from school;
h
insofar as not included within sub-paragraphs (a) to (g), consider any admissions issues arising.
2
For the purposes of this regulation —
a
a child shall be treated as having arrived outside a normal admission round where —
i
at the time of his arrival in the authority’s area he does not fall within a relevant age group; or
ii
he does fall within a relevant age group but any application for his admission to a school falls to be considered after the time when the admission authority for the school in question have determined, in accordance with the school’s admission arrangement, which children in that age group are to be admitted to the school.
b
the reference to “looked after children” has the same meaning as in section 22 of the Children Act 1989 .
Schools groups
4
1
For the purposes of these Regulations schools shall be divided into the following groups —
a
community and voluntary controlled schools;
b
voluntary aided schools;
c
foundation schools.
2
Any reference in these Regulations in relation to an authority to a school group is a reference to one of the groups of schools as specified in paragraph (1) maintained by the authority.
Membership of a forum and attendance
5
1
An admission forum shal1 comprise —
a
core members appointed by the authority in accordance with paragraph (2);
b
such other members appointed by the authority in accordance with paragraph (7), not being members of the authority, who appear to the core members to represent the interests of any section of the local community.
2
For the purposes of this regulation the “core members” of a forum shall comprise —
a
at least one and not more than 5 who are members of the authority;
b
at least one and not more than 3 nominated in accordance with paragraph (3);
c
at least one and not more than 3 nominated in accordance with paragraph (5);
d
at least one and not more than 3 from each school group, each of whom should either be a head teacher or a governor other than a governor who is appointed to a governing body by the authority and is a member of the authority;
e
at least one and not more than 3 who are parent governor representatives;
f
not more than 3, who are not members of the authority, who appear to the authority to represent the interests of any section of the local community;
g
representatives from an Academy nominated in accordance with paragraph (9);
h
representatives from a city technology college nominated in accordance with paragraph (10).
3
Members falling within paragraph (2)(b) shall be nominated by the Diocesan Board of Education for the diocese of the Church of England which comprises the area of the authority and where the area of the authority is comprised in more than one such diocese —
a
the members shall be nominated by the Diocesan Board for one diocese with the agreement of the Diocesan Board for the other dioceses; or
b
if the Diocesan Boards are unable to agree, at least one and not more than the relevant number of members shall be nominated by the Diocesan Board for each such diocese.
4
In paragraph (3) “the relevant number” is 3 divided by the number of dioceses of the Church of England in which the area of the local education authority is comprised rounded down to the nearest whole number.
5
Members falling within paragraph (2)(c) shall be nominated by the bishop of the Roman Catholic Church diocese which comprises the area of the authority and, where the area of the authority is comprised in more than one such diocese, paragraphs (3)(a) and (b) and (4) shall apply with the substitution of references to the Bishop of the Roman Catholic Church diocese for references to the Diocesan Board of Education for the diocese of the Church of England.
6
The number of members of a forum falling within sub-paragraphs (a), and (d) to (h) of paragraph (2) shall be determined by the authority.
7
The appointment of members in accordance with paragraph (l)(b) shall only be made upon the recommendation of the core members of the forum.
8
In addition, the core members may invite other interested parties to a meeting of the forum if they consider it appropriate to do so having regard to the matters arising for discussion.
9
Members falling within paragraph (2)(g) shall be appointed following a nomination by each Academy within the area for which the forum has been established.
10
Members falling within paragraph (2)(h) shall be appointed following a nomination by each city technology college within the area for which the forum has been established, but where no such nomination is made the authority shall invite a representative from each city technology college to attend meetings of the forum.
Tenure of members
6
1
Subject to the provisions of this regulation, persons appointed to be core members of a forum shall hold and vacate office in accordance with the terms of their appointment and shall, on ceasing to be core members of the forum, be eligible for reappointment.
2
No person shall be appointed as a core member for a fixed period exceeding 4 years.
3
A core member shall vacate his office —
a
where the person was appointed under regulation 5(2)(a), if he ceases to be a member of the authority in question;
b
where the person was appointed under regulation 5(2)(d), if he ceases to be a head teacher or governor from a school in a school group;
c
where the person was appointed under regulation 5(2)(e), if he ceases to be a parent governor representative;
d
in the case of a member falling within sub-paragraph (b), (c), (g) or (h) of regulation 5(2), if the body who nominated the member are of the opinion that the member should no longer be a member of the forum and notify the secretary accordingly;
e
in the case of a member falling within sub-paragraphs (a), (d), (e) or (f) of regulation 5(2), if the authority, following a recommendation from the core members, are of the opinion that the member should no longer be a member of the forum.
4
A person appointed as an other member —
a
shall hold and vacate office in accordance with the terms of his appointment as determined by the core members;
b
may resign his membership at any time by giving written notice to the secretary.
5
Each member of a forum shall vacate his office if the forum is dissolved pursuant to regulation 12(2).
Election to office
7
1
At the first meeting of the forum and each meeting referred to in paragraph (2) the core members shall elect a chairman and vice-chairman.
2
The chairman and vice-chairman shall hold office until the next meeting which falls after the date which is a year after the meeting at which the chairman or vice-chairman was elected, and on ceasing to hold office shall be eligible for re-election.
3
In the event of a casual vacancy occurring in the office of chairman or vice-chairman the core members shall at their next meeting elect one of their members to fill that vacancy and a member so elected shall hold office until the date of the meeting at which the chairman or vice-chairman would have held office had the vacancy office not occurred.
4
A chairman or vice-chairman shall cease to hold office if he resigns his office by written notice given to the secretary.
5
The office of chairman and vice-chairman may be held by a person who may, or may not, be a member of the forum.
Secretary to a forum
8
The core members shall appoint a person, nominated by the authority, not being a member of the forum, to act as secretary to the forum.
Meetings of a forum
9
1
Subject to any provision made by these Regulations, the core members may regulate their own procedure.
2
A forum shall meet at least three times during the initial year and at least twice each year thereafter.
3
The first meeting of a forum shall take place within two months of these Regulations coming into force.
Alternate members
10
1
Subject to paragraphs (3) to (7) any member of the forum may nominate an alternate member to attend meetings of the forum in his absence.
2
A nomination under paragraph (1) shall be made by giving written notice to the secretary, and shall remain effective until it is withdrawn.
3
A member appointed under regulation 5(2)(a) may only nominate an alternate member who is himself a member of the authority.
4
A member appointed under regulation 5(2)(e) may only nominate an alternate member who is himself a parent governor representative.
5
A member appointed under regulation 5(2)(f) may not nominate an alternate member unless the authority consents to the proposed nomination.
6
A member appointed under regulation 5(2)(b), (c), (g) or (h) may not nominate an alternate member unless the body by which the member was himself nominated consents to the proposed nomination.
7
A member appointed under regulation 5(2)(d) may only nominate an alternate member who is a head teacher or governor of a school which is from the same school group as the school of which the member in question is a governor or head teacher.
Advice and recommendations of a forum
11
A forum shall promulgate their advice and recommendations to all admission authorities, maintained schools and Academies within the area of the authority, and shall make available such advice and recommendations to any other persons with an interest.
Joint forums
12
1
An authority may establish a joint forum with one or more other local education authorities.
2
Where an authority, having established a forum, subsequently decides to establish a joint forum in accordance with paragraph (1), the existing forum must be dissolved before a joint forum is constituted.
3
These Regulations shall apply to a joint forum with the adaptations specified in the Schedule.
Sub-committees
13
1
Where a sub-committee is established, pursuant to section 85A(2) of the 1998 Act, the forum shall be responsible for determining the sub-committee's:
a
membership and constitution;
b
procedure for convening and holding of meetings;
c
promulgation of advice and recommendations.
David Miliband
Minister of State,
Department for Education and Skills
18th November 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of South Bucks (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 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of South Bucks;
“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 of the District of South Bucks (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 South Bucks District Council.
Wards of the district of South Bucks
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into nineteen 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 Beaconsfield
4
1
The existing wards of the parish of Beaconsfield shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Beaconsfield North, Beaconsfield South and Beaconsfield West; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for the Beaconsfield North parish ward shall be six and for each of the Beaconsfield South and Beaconsfield West parish wards shall be five.
Wards of the parish of Burnham
5
1
The existing wards of the parish of Burnham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the 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 Denham
6
1
The existing wards of the parish of Denham 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 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 the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Farnham Royal
7
The parish of Farnham Royal 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 Gerrards Cross
8
1
The existing wards of the parish of Gerrards Cross 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 5; 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 Iver
9
1
The existing wards of the parish of Iver 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 6; 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.
Maps
10
South Bucks District Council shall make a print of the map marked “Map of the District of South Bucks (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 Beaconsfield (Electoral Arrangements) Order 1980 is revoked, save for article 4.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th July 2002
Glyn Mathias
Commissioner
11th July 2002
Neil McIntosh
Commissioner
11th July 2002
Karamjit Singh
Commissioner
11th July 2002
Sam Younger
Commissioner
11th July 2002
Graham Zellick
Commissioner
11th July 2002


text:
1
This Order may be cited as the Education (London Residuary Body) (Property Transfer) (Amendment) Order 2002 and shall come into force on 1st September 2002.
2
The Education (London Residuary Body) (Property Transfer) Order 1992 is amended by substituting for Article 4(6) the following paragraph:
The former Henry Thornton Secondary School, 45, Clapham Common South Side, SW4 is transferred subject to the following conditions:
That part of the land which abuts Clapham Common South Side and is registered under title number TGL 150604 at HM Land Registry shall be brought into use wholly or mainly for the purpose of an institution for the full-time education of persons over compulsory school age who have not attained the age of nineteen years.
That part of the land which abuts Elms Road and is registered under title number SGL 35568 at HM Land Registry shall by 1st September 2006 be brought into use wholly or mainly for the purposes of an institution for full-time education.
David Miliband
Minister of State,
Department for Education and Skills
29th July 2002