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PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Residential Family Centres Regulations 2002 and shall come into force on 1st April 2003.
2
These Regulations apply to residential family centres in England only.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Care Standards Act 2000;
“the 1989 Act ” means the Children Act 1989 ;
“child protection enquiry” has the meaning given to it by regulation 12(3)(a);
“family” means a child and his parent accommodated or to be accommodated together in a residential family centre, and the expression “member of the family” shall be construed accordingly;
“general practitioner” means a registered medical practitioner who —
provides general medical services under Part II of the National Health Service Act 1977 ;
performs personal medical services in connection with a pilot scheme under the National Health Service (Primary Care) Act 1997 ; or
provides services which correspond to services provided under Part II of the National Health Service Act 1977 otherwise than in pursuance of that Act;
“organisation” means a body corporate or any unincorporated association other than a partnership;
“parent” has the meaning given to it by section 4(2) of the 2000 Act ;
“placement plan” means the plan prepared in accordance with regulation 13;
“placing authority” means, in relation to a family, the local authority or other body that has arranged for the family to be accommodated in a residential family centre;
“registered manager”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the manager of the residential family centre;
“registered person”, in relation to a residential family centre, means any person who is the registered provider or the registered manager of the residential family centre;
“registered provider”, in relation to a residential family centre, means a person who is registered under Part II of the Act as the person carrying on the residential family centre;
“resident” means any person who is for the time being accommodated in a residential family centre;
“responsible individual” shall be construed in accordance with regulation 5; and
“statement of purpose” means the written statement compiled in accordance with regulation 4.
2
In these Regulations, save where otherwise provided, references to a child do not include a parent accommodated in a residential family centre who is under the age of 18.
3
In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.
Excepted establishments
3
For the purposes of the 2000 Act, an establishment is excepted from being a residential family centre if —
a
it is a health service hospital, an independent hospital, an independent clinic or a care home;
b
it is a hostel or a domestic violence refuge; or
c
the main purpose of the establishment is to provide accommodation together with other services or facilities to adults, and the fact that those adults may be parents, or may be accompanied by their children, is incidental to the main purpose of the establishment.
Statement of purpose and resident’s guide
4
1
The registered person shall compile in relation to the residential family centre a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.
2
The registered person shall provide a copy of the statement of purpose to the Commission and shall make a copy of it available, upon request, for inspection by —
a
any person who works at the residential family centre;
b
any resident;
c
any local authority exercising any functions under the 1989 Act in relation to any resident.
3
The registered person shall produce a written guide to the residential family centre (the “resident’s guide”) which shall include a summary of the statement of purpose, and shall supply a copy of it to the Commission and to each parent accommodated in the residential family centre.
4
The registered person shall —
a
keep under review and where appropriate revise the statement of purpose and resident’s guide; and
b
notify the Commission within 28 days of any such revision.
5
Subject to paragraph (6) the registered person shall ensure that the residential family centre is at all times conducted in a manner which is consistent with its statement of purpose.
6
Nothing in paragraph (5) or in regulations 14(1) or 21(1) shall require or authorise the registered person to contravene or not comply with —
a
any other provision of these Regulations; or
b
the conditions for the time being in force in relation to the registration of the registered person under Part II of the 2000 Act.
PART II
REGISTERED PERSONS
Fitness of registered provider
5
1
A person shall not carry on a residential family centre unless he is fit to do so.
2
A person is not fit to carry on a residential family centre unless the person —
a
is an individual who carries on the residential family centre —
i
otherwise than in partnership with others, and satisfies the requirements set out in paragraph (3);
ii
in partnership with others, and he and each of his partners satisfies the requirements set out in paragraph (3);
b
is a partnership, and each of the partners satisfies the requirements set out in paragraph (3);
c
is an organisation and —
i
the organisation has given notice to the Commission of the name, address and position in the organisation of an individual (in these Regulations referred to as “the responsible individual”) who is a director, manager, secretary or other officer of the organisation and is responsible for supervising the management of the residential family centre; and
ii
that individual satisfies the requirements set out in paragraph (3).
3
The requirements are that —
a
he is of integrity and good character;
b
he is physically and mentally fit to carry on the residential family centre; and
c
he provides in relation to himself, full and satisfactory information in respect of each of the matters listed in Schedule 2.
4
A person shall not carry on a residential family centre if —
a
he has been adjudged bankrupt or sequestration of his estate has been awarded and (in either case) he has not been discharged and the bankruptcy order has not been annulled or rescinded; or
b
he has made a composition or arrangement with his creditors, and has not been discharged in respect of it.
Appointment of manager
6
1
The registered provider shall appoint an individual to manage a residential family centre if —
a
there is no registered manager in respect of the residential family centre; and
b
the registered provider —
i
is an organisation or a partnership;
ii
is not a fit person to manage a residential family centre; or
iii
is not, or does not intend to be, in full-time day to day charge of the residential family centre.
2
Where the registered provider appoints a person to manage the residential family centre, he shall forthwith give notice to the Commission of —
a
the name of the person so appointed; and
b
the date on which the appointment is to take effect.
Fitness of manager
7
1
A person shall not manage a residential family centre unless he is fit to do so.
2
A person is not fit to manage a residential family centre unless —
a
he is of integrity and good character;
b
having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents —
i
he has the qualifications, skills and experience necessary to manage the centre; and
ii
he is physically and mentally fit to do so;
c
he provides in relation to himself full and satisfactory information in respect of each of the matters listed in Schedule 2.
Registered person — general requirements
8
1
The registered provider and the registered manager shall, having regard to the size of the residential family centre, the statement of purpose, and the number and needs of the residents, carry on or manage the centre (as the case may be) with sufficient care, competence and skill.
2
If the registered provider is —
a
an individual, he shall undertake;
b
an organisation, it shall ensure that the responsible individual undertakes;
c
a partnership, it shall ensure that one of the partners undertakes,
from time to time such training as is appropriate to ensure that he has the skills necessary for carrying on the residential family centre.
3
The registered manager shall undertake from time to time such training as is appropriate to ensure that he has the skills necessary for managing the residential family centre.
Notification of offences
9
Where the registered person or the responsible individual is convicted of any criminal offence, whether in England and Wales or elsewhere, he shall forthwith give notice in writing to the Commission of —
a
the date and place of the conviction;
b
the offence of which he was convicted; and
c
the penalty imposed on him in respect of the offence.
PART III
CONDUCT OF RESIDENTIAL FAMILY CENTRES
Health and welfare of residents
10
1
The registered person shall ensure that the residential family centre is conducted so as to —
a
promote and make proper provision for the health and welfare of residents;
b
make such provision for the care, treatment, education and supervision of residents as is appropriate to their age and needs.
2
The registered person shall, so far as is practicable, ascertain and take into account the wishes and feelings of residents when making decisions concerning their health and welfare, or the manner in which they are treated.
3
The registered person shall make suitable arrangements to ensure that the residential family centre is conducted —
a
in a manner which respects the privacy and dignity of residents; and
b
with due regard to the sex, religious persuasion, racial origin, and cultural and linguistic background and any disability of residents.
4
In complying with this regulation, the registered person shall, wherever there is a conflict between the interests of the members of a family, treat the welfare of the child in that family as paramount.
Further requirements as to health and welfare
11
1
The registered person shall make arrangements for residents to have access to such medical advice or treatment as may be necessary.
2
The registered person shall make arrangements for the recording, handling, safe keeping, safe administration and disposal of medicines received into the residential family centre.
3
The registered person shall make suitable arrangements to prevent infection, toxic conditions and the spread of infection at the residential family centre.
4
The registered person shall ensure that —
a
all parts of the residential family centre to which residents have access are so far as reasonably practicable free from hazards to their safety;
b
any activities in which residents participate are so far as reasonably practicable free from avoidable risks; and
c
unnecessary risks to the health or safety of residents are identified and so far as possible eliminated.
5
The registered person shall make arrangements, by training persons working at the residential family centre or by other measures, to prevent residents being harmed or suffering abuse or being placed at risk of harm or abuse.
6
The registered person shall ensure that no resident is subject to physical restraint unless restraint of the kind employed is the only practicable means of securing the welfare of that or any other resident and there are exceptional circumstances.
7
On any occasion on which a resident is subject to physical restraint, the registered person shall record the circumstances, including the nature of the restraint.
8
The registered person shall ensure that persons working at the residential family centre use no form of corporal punishment at any time on any child or parent under the age of 18 who is accommodated in the residential family centre.
Arrangements for the protection of children
12
1
The registered person shall prepare and implement a written child protection policy which —
a
is intended to safeguard children accommodated in the residential family centre from abuse or neglect; and
b
sets out the procedure to be followed in the event of any allegation of abuse or neglect.
2
The procedure under paragraph (1)(b) must in particular provide for —
a
liaison and co-operation with any local authority which is making child protection enquiries in relation to any child accommodated in the residential family centre;
b
the prompt referral to the local authority in whose area the residential family centre is situated, of any allegations of abuse or neglect affecting any child accommodated in the residential family centre;
c
notification (in accordance with regulation 26) of the instigation and outcome of any child protection enquiries involving any child accommodated in the residential family centre, to the Commission and the child’s placing authority;
d
written records to be kept of any allegation of abuse or neglect, and of the action taken in response;
e
consideration to be given in each case to the measures which may be necessary to protect children in the residential family centre following an allegation of abuse or neglect;
f
a requirement for persons working at the residential family centre to report any concerns about the welfare or safety of any child accommodated in the residential family centre to one of the following —
i
the registered person;
ii
a police officer;
iii
an officer of the Commission;
iv
an officer of the local authority in whose area the residential family centre is situated; or
v
an officer of the National Society for the Prevention of Cruelty to Children;
g
arrangements to be made for residents and persons working at the residential family centre, to have access at all times and in an appropriate form, to information which would enable them to contact the local authority in whose area the residential family centre is situated, or the Commission, concerning the welfare or safety of children accommodated in the residential family centre.
3
In this regulation —
a
“child protection enquiries” means any enquiries carried out by a local authority in the exercise of any of its functions conferred by or under the 1989 Act relating to the protection of children; and
b
“child” also includes any parent who is under the age of 18.
4
The registered person shall prepare and implement a written policy for the prevention of bullying in the residential family centre which includes, in particular, a procedure for dealing with an allegation of bullying.
Placements
13
1
The registered person shall, before providing a family with accommodation in the residential family centre, or if that is not reasonably practicable, as soon as possible thereafter, draw up in consultation with the placing authority a written plan (in these Regulations referred to as “the placement plan”) setting out, in particular —
a
the facilities and services to be provided during the course of the placement;
b
the objectives and intended outcome of the placement.
2
The registered person shall keep under review and revise the placement plan as necessary.
3
In preparing or reviewing the placement plan the registered person shall, so far as practicable —
a
seek and take account of the views of the members of the family;
b
take account of any relevant assessment or other report relating to any member of the family which may be provided by the placing authority.
4
The registered person shall supply a copy of the placement plan and any revision of it to the placing authority and to the parent within the family to which it relates.
Facilities and services
14
1
Subject to regulation 4(6), the registered person shall provide facilities and services to residents in accordance with the statement of purpose.
2
The registered person shall having regard to the size of the residential family centre and the number and needs of residents —
a
provide telephone facilities which are suitable for the needs of residents, and make arrangements to enable residents to use such facilities in private;
b
provide in rooms occupied by families adequate furniture, bedding and other furnishings, including curtains, floor coverings, and equipment;
c
provide adequate laundry facilities for parents to wash, dry and iron clothes and linen for their families;
d
provide sufficient and suitable cleaning materials and equipment;
e
provide sufficient and suitable kitchen equipment, crockery, cutlery and utensils, and adequate facilities for the storage of food;
f
provide suitable facilities for parents to prepare food for their families, and suitable dining facilities for residents;
g
take adequate precautions against risk of accidents, including the training of persons working at the residential family centre in first aid;
h
provide a place where the money and valuables of residents may be deposited for safe keeping; and
i
provide adequate facilities for recreation and leisure.
Staffing of residential family centre
15
The registered person shall ensure that there is, having regard to —
a
the statement of purpose of the residential family centre, its size and the numbers and needs of its residents; and
b
the need to safeguard and promote the health and welfare of residents,
a sufficient number of suitably qualified, competent and experienced persons working for the residential family centre.
Fitness of workers
16
1
The registered person shall not —
a
employ a person to work at the residential family centre unless that person is fit to work at a residential family centre; or
b
allow a person to whom paragraph (2) applies, to work at the residential family centre unless that person is fit to work at a residential family centre.
2
This paragraph applies to any person who is employed by a person other than the registered person in a position in which he may in the course of his duties have regular contact with residents.
3
For the purposes of paragraph (1), a person is not fit to work at a residential family centre unless —
a
he is of integrity and good character;
b
he has the qualifications, skills and experience necessary for the work he is to perform;
c
he is physically and mentally fit for the work he is to perform; and
d
full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 2.
4
The registered person shall ensure that —
a
any offer of employment to a person is subject to paragraph (3)(d) being complied with in relation to that person; and
b
unless paragraph (5) applies, no person starts work at a residential family centre until such time as paragraph (3)(d) has been complied with in relation to him.
5
Where the following conditions apply, the registered person may permit a person to start work at the residential family centre notwithstanding paragraph (4)(b) —
a
the registered person has taken all reasonable steps to obtain full information in respect of each of the matters specified in Schedule 2 in respect of that person, but the enquiries in relation to any of the matters specified in paragraphs 3 to 6 of Schedule 2 are incomplete;
b
full and satisfactory information in respect of that person has been obtained in relation to the matters specified in paragraphs 1 and 2 of Schedule 2;
c
the registered person considers that the circumstances are exceptional; and
d
pending receipt of, and satisfying himself with regard to, any outstanding information, the registered person ensures that the person is appropriately supervised while carrying out his duties.
6
The registered person shall take reasonable steps to ensure that any person working at the residential family centre who is not employed by him and to whom paragraph (2) does not apply is appropriately supervised while carrying out his duties.
Employment of staff
17
1
The registered person shall —
a
ensure that all permanent appointments are subject to the satisfactory completion of a period of probation; and
b
provide all employees with a job description outlining their responsibilities.
2
The registered person must operate a disciplinary procedure which, in particular —
a
provides for the suspension of an employee where necessary in the interests of the safety or welfare of children accommodated in the residential family centre;
b
provides that the failure on the part of an employee to report an incident of abuse, or suspected abuse of a child accommodated in the residential family centre to an appropriate person is a ground on which disciplinary proceedings may be instituted.
3
For the purposes of paragraph (2)(b), an appropriate person is —
a
the registered person;
b
an officer of the Commission;
c
a police officer;
d
an officer of the local authority in whose area the residential family centre is situated; or
e
an officer of the National Society for the Prevention of Cruelty to Children.
4
In paragraph (2), “child” also includes a parent who is under the age of 18.
5
The registered person shall ensure that all persons employed by him —
a
receive appropriate training, supervision and appraisal; and
b
are enabled from time to time to obtain further qualifications appropriate to the work they perform.
Staff views as to conduct of residential family centre
18
The registered person shall make arrangements to enable persons working at the residential family centre to inform the registered person and the Commission about any matter relating to the conduct of the residential family centre so far as it may affect the health or welfare of residents.
Records
19
1
The registered person shall maintain in respect of each family accommodated in the residential family centre a record which —
a
includes the information, documents and other records specified in Schedule 3 relating to the members of the family;
b
is kept up to date;
c
is retained in the residential family centre so long as the family to which it relates is accommodated there; and
d
is retained in a place of security for a period of fifteen years from the date of the last entry.
2
The record referred to in paragraph (1) shall be kept securely and may not be disclosed to any person except in accordance with —
a
any provision of, or made under, or by virtue of, a statute under which access to such records is authorised; or
b
any court order authorising access to such records.
3
The registered person shall also maintain the records specified in Schedule 4 in respect of the residential family centre.
4
The registered person shall ensure that the records referred to in paragraph (3) are —
a
kept up to date;
b
retained in the residential family centre for a period of not less than three years from the date of the last entry.
Complaints
20
1
The registered person shall establish a procedure (“the complaints procedure”) for considering complaints made to the registered person by a resident or a person acting on behalf of a resident.
2
The registered person shall ensure that any complaint made under the complaints procedure is fully investigated.
3
The registered person shall provide a written copy of the complaints procedure on request to any resident and any person acting on behalf of a resident.
4
The written copy of the complaints procedure shall include —
a
the name and address of the Commission; and
b
the procedure (if any) that has been notified by the Commission to the registered person for the making of complaints to the Commission relating to residential family centres.
5
The registered person shall, within 28 days after the date on which the complaint is made, or such shorter period as may be reasonable in the circumstances, inform the person who made the complaint of the action (if any) that is to be taken.
6
The registered person must ensure that a written record is made of any complaint or representation, the action taken in response, and the outcome of the investigation.
7
The registered person shall supply to the Commission at its request a statement containing a summary of the complaints made during the preceding twelve months and the action that was taken.
PART IV
PREMISES
Fitness of premises
21
1
Subject to regulation 4(6), the registered person shall not use premises for the purposes of a residential family centre unless —
a
the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose; and
b
the location of the premises is appropriate to the needs of residents.
2
The registered person shall ensure that —
a
the physical design and layout of the premises to be used as the residential family centre meet the needs of families;
b
the premises to be used as the residential family centre are of sound construction and kept in a good state of repair externally and internally;
c
all parts of the residential family centre are kept clean and reasonably decorated;
d
adequate private and communal accommodation is provided for families;
e
the size and layout of rooms occupied or used by families are suitable for their needs, and each family is provided with at least one room for its exclusive use;
f
suitable facilities are provided for residents to meet, in private, any person authorised by the Commission;
g
there are provided at appropriate places in the premises sufficient numbers of lavatories, and of wash-basins, baths and showers fitted with a hot and cold water supply;
h
the premises are equipped with what is reasonably necessary, and adapted as necessary, in order to meet the needs arising from the disability of any disabled resident;
i
suitable facilities are provided for private study for any resident requiring them;
j
external grounds which are suitable for, and safe for use by, residents are provided and appropriately maintained;
k
adequate ventilation, heating and lighting is provided in all parts of the residential family centre which are used by residents.
3
The registered person shall provide for persons working at the residential family centre —
a
suitable facilities and accommodation, other than sleeping accommodation, including —
i
facilities for the purpose of changing;
ii
storage facilities;
b
sleeping accommodation where the provision of such accommodation is needed for persons working at the residential family centre in connection with their work.
Fire precautions
22
1
The registered person shall after consultation with the fire authority —
a
take adequate precautions against the risk of fire, including the provision of suitable fire equipment;
b
provide adequate means of escape;
c
make adequate arrangements —
i
for detecting, containing and extinguishing fires;
ii
for giving warnings of fires;
iii
for the evacuation, in the event of fire, of all persons in the residential family centre and safe placement of residents;
iv
for the maintence of all fire equipment; and
v
for reviewing fire precautions, and testing fire equipment, at suitable intervals;
d
make arrangements for persons working at the residential family centre to receive suitable training in fire prevention; and
e
ensure, by means of fire drills and practices at suitable intervals, that the persons working at the residential family centre and, so far as practicable, residents, are aware of the procedure to be followed in case of fire, including the procedure for saving life.
2
In this regulation, “fire authority” means the authority discharging in the area in which a residential family centre is situated, the function of fire authority under the Fire Services Act 1947 .
PART V
MANAGEMENT
Review of quality of care
23
1
The registered person shall establish and maintain a system for —
a
reviewing at appropriate intervals; and
b
improving,
the quality of care provided at the residential family centre.
2
The registered person shall supply to the Commission a report in respect of any review conducted by him for the purposes of paragraph (1), and make a copy of the report available to residents.
3
The system referred to in paragraph (1) shall provide for consultation with residents.
Financial position
24
1
The registered provider shall carry on the residential family centre in such manner as is likely to ensure that it will be financially viable for the purpose of achieving the aims and objectives set out in the statement of purpose.
2
The registered person shall —
a
ensure that adequate accounts are maintained and kept up to date in respect of the residential family centre;
b
supply a copy of the accounts to the Commission at its request.
3
The registered person shall, if the Commission so requests, provide the Commission with such information and documents as it may require for the purpose of considering the financial viability of the residential family centre, including —
a
the annual accounts of the residential family centre certified by an accountant;
b
a certificate of insurance for the registered provider in respect of liability which may be incurred by him in relation to the residential family centre in respect of death, injury, public liability, damage or other loss.
Visits by registered provider
25
1
Where the registered provider is an individual, but is not in day to day charge of the residential family centre, he shall visit the residential family centre in accordance with this regulation.
2
Where the registered provider is an organisation or a partnership, the residential family centre shall be visited in accordance with this regulation by —
a
the responsible individual or one of the partners, as the case may be;
b
another of the directors or other persons responsible for the management of the organisation or partnership; or
c
an employee of the organisation or partnership who is not directly concerned with the conduct of the residential family centre.
3
Visits under paragraph (1) or (2) shall take place at least once a month and may be unannounced.
4
The person carrying out the visit shall —
a
interview, with their consent and in private, such of the residents and persons working at the residential family centre as appears necessary in order to form an opinion of the standard of care provided in the residential family centre;
b
inspect the premises of the residential family centre, its daily log of events and records of any complaints; and
c
prepare a written report on the conduct of the residential family centre.
5
The registered provider shall supply a copy of the report required to be made under paragraph (4)(c) to —
a
the Commission;
b
the registered manager; and
c
in the case of a visit under paragraph (2) —
i
where the registered provider is an organisation, to each of the directors or other persons responsible for the management of the organisation; and
ii
where the registered provider is a partnership, to each of the partners.
PART VI
MISCELLANEOUS
Notifiable events
26
1
If, in relation to a residential family centre, any of the events listed in column 1 of the table in Schedule 5 takes place, the registered person shall without delay notify the persons indicated in respect of the event in column 2 of the table.
2
The registered person shall without delay notify the parent accommodated in the residential family centre with a child of any significant incident affecting the child’s welfare unless to do so is not reasonably practicable or would place the child’s welfare at risk.
3
Any notification made in accordance with this regulation which is given orally shall be confirmed in writing.
4
References in column 1 of the table in Schedule 5 to a centre shall be construed as references to a residential family centre.
5
References in column 2 of the table to a local authority shall be construed as references to the local authority in whose area the residential family centre is situated.
Notice of absence
27
1
Where —
a
the registered provider if he is the person in day to day charge of the residential family centre; or
b
the registered manager,
proposes to be absent from the residential family centre for a continuous period of 28 days or more, the registered person shall give notice in writing to the Commission of the proposed absence.
2
Except in the case of an emergency, the notice referred to in paragraph (1) shall be given at least 28 days before the proposed absence is to start, or within such shorter period as may be agreed with the Commission, and the notice shall specify —
a
the length or expected length of the proposed absence;
b
the reason for the proposed absence;
c
the arrangements which have been made for the running of the residential family centre during that absence;
d
the name, address and qualifications of the person who will be responsible for the residential family centre during the absence; and
e
in the case of the absence of the registered manager, the arrangements that have been, or are proposed to be, made for appointing another person to manage the residential family centre during that absence, including the proposed date by which the appointment is to be made.
3
Where the absence arises as a result of an emergency, the registered person shall give notice of the absence within one week of its occurrence specifying the matters in sub-paragraphs (a) to (e) of paragraph (2).
4
Where —
a
the registered provider if he is the person in day to day charge of the residential family centre; or
b
the registered manager,
has been absent from the residential family centre for a continuous period of 28 days or more, and the Commission has not been given notice of the absence, the registered person shall without delay give notice in writing to the Commission specifying the matters mentioned in sub-paragraphs (a) to (e) of paragraph (2).
5
The registered person shall inform the Commission of the return to duty of the registered provider or (as the case may be) the registered manager not later than 7 days after the date of his return.
Notice of changes
28
The registered person shall give notice in writing to the Commission as soon as it is practicable to do so if any of the following events takes place or is proposed to take place —
a
a person other than the registered person carries on or manages the residential family centre;
b
a person ceases to carry on or manage the residential family centre;
c
where the registered person is an individual, he changes his name;
d
where the registered provider is a partnership, there is any change in the membership of the partnership;
e
where the registered provider is an organisation —
i
the name or address of the organisation is changed;
ii
there is any change of director, manager, secretary or other similar officer of the organisation;
iii
there is to be any change of responsible individual;
f
where the registered provider is an individual, a trustee in bankruptcy is appointed;
g
where the registered provider is a company or a partnership, a receiver, manager, liquidator or provisional liquidator is appointed in respect of the registered provider; or
h
the premises of the residential family centre are to be significantly altered or extended, or additonal premises are acquired.
Appoint of liquidators etc.
29
1
Any person to whom paragraph (2) applies must —
a
forthwith notify the Commission of his appointment indicating the reasons for it;
b
appoint a manager to take full-time day to day charge of the residential family centre in any case where there is no registered manager; and
c
within 28 days of his appointment, notify the Commission of his intentions regarding the future operation of the residential family centre.
2
This paragraph applies to any person appointed as —
a
the receiver or manager of the property of a company or a partnership which is a registered provider of a residential family centre;
b
a liquidator or provisional liquidator of a company which is the registered provider of a residential family centre; or
c
the trustee in bankruptcy of a registered provider of a residential family centre.
Death of registered person
30
1
If more than one person is registered in respect of a residential family centre, and a registered person dies, the other registered person shall without delay notify the Commission of the death in writing.
2
If only one person is registered in respect of a residential family centre, and he dies, his personal representatives shall notify the Commission in writing —
a
without delay of the death; and
b
within 28 days of their intentions regarding the future operation of the residential family centre.
3
The personal representatives of a deceased registered provider may carry on the residential family centre without being registered in respect of it —
a
for a period not exceeding 28 days;
b
for any further period as may be determined in accordance with paragraph (4).
4
The Commission may extend the period specified in paragraph (3)(a) by such further period, not exceeding one year, as the Commission shall determine and shall notify any such determination to the personal representatives in writing.
5
The personal representatives shall appoint a person to take full-time day to day charge of the residential family centre during any period in which, in accordance with paragraph (3), they carry on the residential family centre without being registered in respect of it.
Offences
31
1
A contravention or failure to comply with any of the provisions of regulations 4 and 9 to 28 shall be an offence.
2
The Commission shall not bring proceedings against a person in respect of any contravention or failure to comply with those regulations unless —
a
subject to paragraph (4), he is a registered person;
b
notice has been given to him in accordance with paragraph (3);
c
the period specified in the notice, within which the registered person may make representations to the Commission, has expired; and
d
in a case where, in accordance with paragraph (3)(b), the notice specifies any action that is to be taken within a specified period, the period has expired and the action has not been taken within that period.
3
Where the Commission considers that the registered person has contravened or failed to comply with any of the provisions of the regulations mentioned in paragraph (1), it may serve a notice on the registered person specifying —
a
in what respect in its opinion the registered person has contravened or is contravening any of the regulations, or has failed or is failing to comply with the requirements of any of the regulations;
b
where it is practicable for the registered person to take action for the purpose of complying with any of those regulations, the action which, in the opinion of the Commission, the registered person should take for that purpose;
c
the period, not exceeding three months, within which the registered person should take any action specified in accordance with sub-paragraph (b);
d
the period, not exceeding one month, within which the registered person may make representations to the Commission about the notice.
4
The Commission may bring proceedings against a person who was once, but no longer is, a registered person, in respect of a failure to comply with regulation 19 and for this purpose, references in paragraphs (2) and (3) to a registered person shall be taken to include such a person.
Compliance with regulations
32
Where there is more than one registered person in respect of a residential family centre, anything which is required under these Regulations to be done by the registered person shall, if done by one of the registered persons, not be required to be done by any of the other registered persons.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State
Department of Health
21 December 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2002.
2
This Order shall come into force on 1st January 2003.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage
1st January 1986–31st December 2002 86.3% 1st January 1987–31st December 2002 80.7% 1st January 1988–31st December 2002 73.4% 1st January 1989–31st December 2002 64.0% 1st January 1990–31st December 2002 52.4% 1st January 1991–31st December 2002 37.5% 1st January 1992–31st December 2002 32.0% 1st January 1993–31st December 2002 27.5% 1st January 1994–31st December 2002 25.2% 1st January 1995–31st December 2002 22.5% 1st January 1996–31st December 2002 17.9% 1st January 1997–31st December 2002 15.5% 1st January 1998–31st December 2002 11.5% 1st January 1999–31st December 2002 8.0% 1st January 2000–31st December 2002 6.8% 1st January 2001–31st December 2002 3.4% 1st January 2002–31st December 2002 1.7%
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
28th November 2002


text:
Citation and commencement
1
1
This Order may be cited as the East Lancashire (Heywood Extension) Light Railway Order 2002 and shall come into force on 16th May 2002.
2
This Order and the East Lancashire Light Railway Order 1986 (“the 1986 Order ”) may be cited together as the East Lancashire Light Railway Orders 1986 and 2002.
Interpretation
2
1
In this Order —
“the authorised works” means the works specified in the Schedule to this Order and any other works authorised to be carried out under the Order;
“the Board” means BRB (Residuary) Limited;
“the Company” means the East Lancashire Light Railway Company Limited incorporated under the Companies Act 1985 and having its registered office at Bolton Street Station, Bury, Lancashire BL9 0EY;
“the Councils” means the Bury Metropolitan Borough Council and the Rochdale Metropolitan Borough Council or either of them;
“the deposited plans” and “the deposited sections” mean respectively the plans and sections deposited in respect of the application for this Order and available for inspection at the offices of the Secretary of State for Transport, Local Government and the Regions, 76 Marsham Street, London SW1P 4DR, the offices of the Bury Metropolitan Borough Council, Town Hall, Bury, Lancashire BL9 0SW and the Rochdale Metropolitan Borough Council, Town Hall, Rochdale OL16 1AB;
“the light railway” means the light railway authorised to be constructed and maintained by the Councils pursuant to article 4 of this Order together with all lands and works relating thereto and, where any part of the said railway and works remains incomplete, includes the site of that part;
“the principal Act ” means the Light Railways Act 1896;
“Railtrack” means Railtrack Plc a company incorporated under the Companies Act 1985 and having its registered office at Railtrack House, Euston Square, London NW1 2EE; and
“the Trust” means the East Lancashire Railway Trust Limited incorporated under the Companies Act 1985 and having its registered office at the Town Hall, Rawtenstall, Lancashire.
2
All directions and distances stated in the descriptions of the authorised works shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on a railway comprised in the authorised works shall be taken to be measured along the railway.
Incorporation and application of enactments
3
1
The provisions of the Railways Clauses Consolidation Act 1845 (except sections 8, 11 to 13, 15,17, 32 to 44, 47 to 57, 59 to 66, 68, 71 to 73, 75, 77 to 85E, 88 to 95, 112 to 124, 162 and Schedules 1 to 3 (minerals under railways)) are incorporated with and form part of this Order so far as the same are applicable for the purposes of and are not inconsistent with or varied by the provisions of this Order.
2
In the construction of the provisions of the Railways Clauses Consolidation Act 1845 as incorporated in this Order —
a
this Order shall be deemed to be the special Act for the purposes of the said incorporated provisions;
b
sections 7, 9 and 10 shall be read, construed and have effect as if the “proper officers of the Metropolitan Borough Councils of Bury and Rochdale” had been referred to therein instead of the “Clerks of the Peace”;
c
section 46 shall be read, construed and have effect as if for the proviso there were substituted the words “Provided always, that, with the consent of the highway authority and subject to such conditions as the authority may reasonably impose, the railway may be carried across a highway on the level”; and
d
section 58 shall have effect as if the words “and if any question” to the end were omitted.
3
Section 5 (penalty for avoiding payment of fare) of the Regulation of Railways Act 1889 shall apply to the light railway.
4
Without prejudice to the generality of the foregoing, sections 116 to 119 of the Transport Act 1968 shall apply to the light railway as if references therein to the Board were references to the person for the time being authorised to work the light railway under this Order.
Power to construct and maintain railway
4
1
In accordance with the provisions of this Order, the Councils may construct (so far as may be necessary) and maintain the works described in the Schedule to this Order in the lines and according to the levels and within the limits of deviation shown on the deposited plans and the deposited sections, together with all proper rails, plates, sidings, junctions, bridges, culverts, drains, approaches, roads, yards, buildings and other works and conveniences connected therewith including station premises, workshops and facilities.
2
In the construction of the said works the Councils may deviate from the line or situation of the whole or any part thereof shown on the deposited plans to the extent of the limits of deviation shown thereon and may deviate vertically from the levels shown on the deposited sections to any extent not exceeding 2 metres upwards or downwards or to such further extent as may be found necessary or convenient and as may be sanctioned by the Secretary of State.
3
Subject to the provisions of this Order, the said works may be worked as a light railway under the principal Act and the Councils may within the limits of deviation shown on the deposited plans maintain, reconstruct, repair, alter and renew the light railway with all necessary works and conveniences connected therewith.
Leasing of light railway to Trust
5
1
Subject to the provisions of this Order, the Councils may agree with the Trust to lease to the Trust the light railway or any part thereof on such terms and conditions as may be agreed between the Councils and the Trust.
2
During the continuance and subject to the terms of any lease granted under paragraph (1), the Trust shall to the exclusion of the Councils be entitled to the benefit of, and to exercise, all the rights, interests, powers and privileges and be subject to all the obligations of the Councils whether statutory or otherwise for the time being in force in respect of the light railway or such part thereof as is leased as aforesaid.
Sub-letting of light railway to Company
6
1
During the continuance and subject to the terms of any lease granted under article 5 the Trust may sub-let to the Company the light railway or any part thereof together with rights, interests, powers, privileges and obligations vested in the Trust in accordance with that article on such terms and conditions as may be agreed between the Trust and the Company.
2
During the continuance of any sub-lease granted under paragraph (1) the Company shall, to the exclusion of the Trust, be entitled to the benefit of, and to exercise, all such rights, interests, powers and privileges, and be subject to all such obligations of the Trust whether statutory or otherwise for the time being in force in respect of the light railway or such part thereof as is comprised in the sub-lease.
Gauge of railway and motive power
7
1
Subject to paragraphs (2) and (3), the light railway shall be constructed and operated on a gauge of 1435 millimetres (4 feet 8 and a half inches) and the motive power for the light railway shall be diesel, steam or internal combustion or such other motive power as the Secretary of State may approve.
2
Nothing in this Order shall authorise the Councils to use electrical power as motive power on the light railway unless such power is obtained from storage batteries or from a source of generation entirely carried in, and carried along with, the engines and carriages.
3
If electrical power is used as motive power on the light railway, such electrical power shall not be used in such a manner as to cause, or be likely to cause, any interference with any telecommunications apparatus as defined in Schedule 2 to the Telecommunications Act 1984 or with telecommunications by means of such apparatus.
As to former railway
8
1
Nothing in the original authorising enactments cited in paragraph (2) shall apply to the construction, maintenance or operation of the light railway but the Councils shall, to the exclusion of the Board and Railtrack (according to their respective interests), be entitled to the benefit of, and to exercise, all rights, powers and privileges and be subject to all obligations of the Board or Railtrack, as the case may be, contained therein so far as the same remain for the time being in force and appertain to the lands comprised within the limits of deviation for the authorised works or which otherwise relate thereto.
2
The original authorising enactments referred to in paragraph (1) are —
the Manchester and Leeds Railway Act 1836 ,
the Manchester and Leeds Railway Act 1837 ,
the Manchester and Leeds Railway Act 1839 ,
the Manchester and Leeds Railway Act 1844 ,
the Manchester and Leeds Railway Act No. 1 1845 ,
the Manchester and Leeds Railway Act No. 2 1845 ,
the Manchester and Leeds Railway Act No. 3 1847 ,
the Lancashire and Yorkshire Railway (New Works and Additional Powers) Act 1874 ,
the Lancashire and Yorkshire Railway Act 1891 , and
the Lancashire and Yorkshire Railway Act 1897 .
As to crossing of road on the level
9
1
The Councils may in the construction of the light railway carry the same with a double line of rails across and on the level of the road known as Green Lane.
2
The rails of the railway shall be laid and maintained within the areas of the level crossing so constructed.
For the protection of the Environment Agency
10
1
For the protection of the Environment Agency (in this article referred to as “the Agency”) the following provisions shall, unless otherwise agreed in writing between the Councils and the Agency, apply and have effect.
2
Nothing in this Order or in any enactment incorporated with or applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaws made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
3
Before carrying out any works involving the erection or raising of any obstruction to the flow of any watercourse or the construction, alteration or replacement of any culvert or any structure designed to contain or divert the flow of any watercourse in, under or through any land held for the purposes of or in connection with the light railway, the Councils shall furnish to the Agency proper and sufficient plans thereof for the approval of the Agency and shall not carry out the said works until the said plans have been approved in writing by the Agency.
4
For the purposes of paragraph (3), “plans” includes sections, drawings, specifications, calculations and descriptions.
5
Any culvert or any structure designed to contain or divert the flow of any watercourse situated within any land held for the purposes of or in connection with the light railway, whether constructed under the powers of this Order or in existence prior to the making hereof, shall be maintained by the Councils in good repair and condition and free from obstruction.
6
If any obstruction is erected or raised or any culvert is constructed, altered or replaced in contravention of this article, the Councils shall, upon receiving notice from the Agency, take such action as may be necessary to remedy the effect of the contravention to the Agency’s satisfaction and in default the Agency may itself take such action as may be necessary and recover the expenses reasonably incurred by it in doing so from the Councils as a debt due from them to the Agency.
7
Any dispute or difference which may arise between the Agency and the Councils under this article shall be referred to and determined by a single arbitrator to be agreed between the parties or, failing such agreement, to be appointed by the President of the Institution of Civil Engineers on application of either party (after notice in writing to the other).
8
The provisions of the Railways Clauses Consolidation Act 1845 applied by this Order shall be subject to the provisions of this article.
For the protection of public gas transporters
11
Nothing in this Order shall prejudice or affect the statutory or other rights of any public gas transporter within the meaning of Part I of the Gas Act 1986 in or relating to any gas pipe, main or apparatus belonging to it or for the maintenance of which it is responsible, or any structure for the lodging therein of any gas pipe, main or apparatus, being any gas pipe, main or apparatus or structure situate under, over or upon lands in or upon or near to which the light railway or any part thereof is constructed.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Department for Transport, Local Government and the Regions
15th May 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit) (Amendment) Regulations 2002.
2
This regulation, regulation 2 and Schedule 1 shall have effect in relation to any particular claimant for income support from the first day of the first benefit week to commence for that claimant on or after 6th April 2003 and in this paragraph “benefit week” and “claimant” have the same meaning as in regulation 2(1) of the Income Support Regulations .
3
This regulation, regulation 3 and Schedule 2 shall have effect in relation to any particular claimant for a jobseeker’s allowance from the first day of the first benefit week to commence for that claimant on or after 6th April 2003 and in this paragraph “benefit week” has the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
4
Subject to paragraphs (5) and (6), regulations 4 and 5 and Schedules 3 and 4 shall come into force on 1st April 2003.
5
Paragraphs 1, 7, 10, 11 and 12 of Schedule 3 and paragraphs 1, 7, 10, 11 and 12 of Schedule 4 and regulations 4 and 5 insofar as they relate to those paragraphs shall come into force on 7th April 2003.
6
In a case where rent is payable at intervals of a week or any multiple thereof, paragraphs 2 to 6, 8 and 9 of Schedule 4 and regulation 5 insofar as it relates to those paragraphs shall come into force on 7th April 2003.
7
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of the Income Support Regulations
2
The Income Support Regulations shall be amended in accordance with Schedule 1 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Jobseeker’s Allowance Regulations
3
The Jobseeker’s Allowance Regulations shall be amended in accordance with Schedule 2 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Council Tax Benefit Regulations
4
The Council Tax Benefit Regulations shall be amended in accordance with Schedule 3 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Housing Benefit Regulations
5
The Housing Benefit Regulations shall be amended in accordance with Schedule 4 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
19th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Liverpool Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Liverpool Health Authority ;
“the new Trust” means the Central Liverpool Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 5th December 2001 and on behalf of the new Trust on 6th December 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


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


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the National Ports Council Pension Scheme (Excess Statutory Surplus) Order 2002 and shall come into force on 13th March 2002.
2
In this Order:
“ the Rules ” means the Rules of the Scheme;
“the Scheme” means the National Ports Council Pension Scheme contained in the Schedule to the Deed of Variation dated 2nd September 1980 made between The National Ports Council and National Ports Council Pensions Trustees Limited, as amended by Instruments dated 21st September 1981, 1st November 1982 and 17th March 1992 .
Amendment of the Rules
2
1
After Rule 46 there shall be inserted —
Utilisation of the Excess Statutory Surplus
46A
Notwithstanding any other provision of the Rules, the schedule to the Rules (which contains provisions for the purposes of the utilisation of the Excess Statutory Surplus, within the meaning given therein) shall have effect.
.
2
The following schedule shall be inserted as the schedule to the Rules —
SCHEDULE
EXCESS STATUTORY SURPLUS
1
In this Schedule —
“Benefit” means any pension in payment or in deferment and any widow’s or widower’s annuity in payment or in deferment under the Rules but does not include any lump sum;
“Deferred Member” means a Member who is entitled to a pension in deferment under the Rules;
“the Excess Statutory Surplus” means the amount by which, as at 30 June 1999, the value of the assets of the Scheme exceeds the value of the liabilities of the Scheme by a percentage which is more than the prescribed maximum for the purposes of Schedule 22 to the Income and Corporation Taxes Act 1988 ;
“the Excess Statutory Surplus Balance” means the Excess Statutory Surplus less 105 per cent of the value (calculated in accordance with Schedule 22 to the Income and Corporation Taxes Act 1988) as at 30 June 1999 of the Benefits payable under paragraphs 2 and 3;
“ the Order ” means the National Ports Council Pension Scheme (Excess Statutory Surplus) Order 2002;
“the Relevant Day”, in relation to a Benefit, means the later of 30 June 1990 and the date that Benefit first became payable;
“Surviving Spouse” means a widow or widower of a deceased Member who is entitled to a pension or to an annuity (or to both) under the Rules.
2
Subject to paragraph 4, each Pensioner, Deferred Member and Surviving Spouse who was entitled to a Benefit on 30 June 1999 shall be entitled to an increase of 6 per cent in the amount of such Benefit with effect on and from 1 July 1999.
3
Subject to paragraph 4, each Pensioner and Surviving Spouse who was entitled to a Benefit on 30 June 1999 shall be entitled to the payment of an amount equal to 6 per cent of the aggregate of the Benefits paid to him in respect of the period beginning on the Relevant Day and ending on 30 June 1999.
4
No amount shall be paid to a Pensioner, Deferred Member or Surviving Spouse by virtue of paragraph 2 or 3 to the extent that it would jeopardise the continued Approval of the Scheme.
5
For the purpose of calculating the amount which may be paid under the Rules by virtue of paragraph 2 or 3, in each case subject to paragraph 4, the maximum permitted annual amount of any Benefit pursuant to Rule 14 (after deducting any pension which has been commuted for a lump sum or surrendered to provide a Dependant’s pension) shall be increased on the same day as Benefits are increased annually in accordance with Rule 25 (“the Benefit Increase Date”) —
a
in proportion to the increase in the index of retail prices over the year ending on the day immediately before the Benefit Increase Date, or
b
by three per cent,
whichever is the greater, save that if the period between the Relevant Day and the next following Benefit Increase Date is less than one year, the increase for that period shall be the same proportion of that increase as that period of time is to a year.
6
No interest shall be paid in respect of any payment made by virtue of paragraph 2 or 3 in relation to any period.
7
By the end of the period of 15 working days, beginning with the day on which the Order comes into force, the Trustees shall pay to, or as directed by, the Secretary of State —
a
a sum calculated as follows —
M × ( 1 + R )
; and
b
interest on that sum accrued on a daily basis at the base rate of Barclays Bank plc for the period beginning on the day on which the Order comes into force and ending on the day immediately before the day on which payment is made.
8
For the purposes of paragraph 7 —
M equals the market value of the Excess Statutory Surplus Balance, and for these purposes the market value of the Excess Statutory Surplus Balance means the Balance adjusted in accordance with the principles used for determining the market value of assets of the Trust Fund for the audited accounts of the Scheme as at 30 June 1999;
R equals the rate of return obtained on the assets of the Trust Fund over the period beginning on 1 July 1999 and ending on 12 March 2002.
.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
18th February 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Executive Arrangements) (Access to Information) (England) Amendment Regulations 2002.
2
Regulations 1 to 13 shall come into force on 15th April 2002 and regulation 14 shall come into force on 1st October 2002.
3
These Regulations apply in relation to local authorities in England.
Amendment to Regulations
2
The Local Authorities (Executive Arrangements) (Access to Information) (England) Regulations 2000 are amended in accordance with regulations 3 to 14 of these Regulations.
Citation, commencement and application
3
In regulation 1(1), for “[2000]” substitute “2000”.
Interpretation
4
In regulation 2, for the definition of “public meeting”, substitute —
“public meeting” in relation to a decision making body, means —
a meeting which, in accordance with regulation 7, is required to be held in public; or
any other meeting of a decision making body that the decision making body determines shall be held in public;
.
Meetings of local authority executives and their committees to be held in public
5
In regulation 7, for paragraphs (1) and (2), substitute —
1
Subject to regulation 21, where the executive leader, section 11(2) mayor or council manager (as the case may be) or any other person likely to preside at the meeting reasonably believes that one of the circumstances specified in paragraph (2) below applies in relation to a meeting, or part of a meeting, of a decision making body, that meeting or part of a meeting must be held in public.
2
The circumstances are —
a
a decision to be made will be a key decision;
b
a matter that is included on the forward plan or is the subject of a notice given under regulation 15 is likely to be discussed; and
i
the decision on that matter is likely to be made within 28 days; and
ii
an officer who is not a political adviser, assistant or council manager will be present at the discussion.
2A
For the purposes of paragraph (1), “meeting” does not include a meeting to which the circumstances specified in paragraph (2)(b) apply and the principal purpose of which is for an officer of the local authority to brief a decision maker on matters connected with the making of an executive decision.
.
Forward plans
6
In regulation 13, for paragraph (1), substitute —
1
A forward plan shall be prepared, in accordance with this regulation and regulation 14, by the executive leader or, as the case may be, by the section 11(2) mayor or the council manager and the first such forward plan shall be prepared as soon as is reasonably practicable after the authority has adopted executive arrangements.
.
Content of the forward plan
7
1
In regulation 14(1) for “Each” substitute “Subject to regulation 15(2), each”.
2
In regulation 14(3) for “political adviser of assistant” substitute “political adviser or assistant”.
General exception
8
In regulation 15(1), for “Where”, substitute “Subject to regulation 16, where”.
Cases of special urgency
9
In regulation 16, delete the words “his agreement”.
Additional rights of access to documents for members of overview and scrutiny committees
10
For regulation 18(2) substitute —
2
No member of an overview and scrutiny committee shall be entitled to a copy —
a
of any such document or part of a document as contains exempt or confidential information unless that information is relevant to —
i
an action or decision that he is reviewing or scrutinising; or
ii
any review contained in any programme of work of such a committee or sub-committee of such a committee; or
b
of a document or part of a document containing advice provided by a political adviser or assistant.
.
Confidential information, exempt information and the advice of a political adviser or assistant
11
For regulation 21(4) and (5) substitute —
4
Nothing in these Regulations shall —
a
authorise or require a local authority to disclose to the public or make available for public inspection any document or part of a document if, in the opinion of the proper officer, that document or part of a document contains or may contain confidential information; or
b
require a local authority to disclose to the public or make available for public inspection any document or part of a document if, in the opinion of the proper officer, that document or part of a document contains or is likely to contain exempt information or the advice of a political adviser or assistant.
5
Where a member of a local authority executive or an officer makes an executive decision in accordance with executive arrangements, nothing in these Regulations shall —
a
authorise or require documents relating to that decision to be disclosed to the public, or made available for public inspection where, the documents contain confidential information; or
b
require documents relating to that decision to be disclosed to the public, or made available for public inspection where the disclosure of the documents would, in the opinion of the member or officer making the decision, give rise to the disclosure of exempt information or the advice of a political adviser or assistant.
.
Documents to be available for inspection at the offices of the local authority
12
In regulation 22(4)(b), after “regulation” insert “5(2) or”.
Offences
13
In regulation 23(1)(b) after “in accordance with regulation” insert “5(2), 11(7) or”.
Advance publication of documents and background papers
14
In regulations —
9(1) (individual executive decisions);
10(a) (procedures prior to public meetings);
11(3) (access to agenda and connected reports); and
15(1)(c) (general exception),
for “three clear days” in each case, substitute “five clear days”.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
14th March 2002


text:
Citation and commencement
1
This Order may be cited as the Scottish Water (Transfer of Functions, etc.) (Tax Provisions) Order 2002 and shall come into force on 1st April 2002.
Interpretation
2
In this Order —
“the Corporation Tax Acts” has the meaning given by section 831(1)(a) of the Taxes Act ;
“the new water and sewerage authorities” means the bodies established by section 62(1) of the Local Government etc. (Scotland) Act 1994 , that is, the East of Scotland Water Authority, the West of Scotland Water Authority and the North of Scotland Water Authority;
“Scottish Water” means the body corporate known as Scottish Water and established by section 20 of, and Schedule 3 to, the Water Industry (Scotland) Act 2002 ;
“the Taxes Act” means the Income and Corporation Taxes Act 1988 .
Tax Provisions consequential on the transfer of functions etc. to Scottish Water
3
Articles 4 to 7 make provision in consequence of the transfer on 1st April 2002 of the functions, property and liabilities of the new water and sewerage authorities to Scottish Water by virtue of sections 21 and 22 of the Water Industry (Scotland) Act 2002 .
Corporation tax: general
4
1
For all purposes of the Corporation Tax Acts in relation to accounting periods beginning on or after 1st April 2002 —
a
Scottish Water shall be treated as if it were the same person as each of the new water and sewerage authorities, and
b
the new water and sewerage authorities shall be treated as if together they were the same person as Scottish Water.
2
For the purposes of section 393 of the Taxes Act (losses other than terminal losses) the new water and sewerage authorities shall be treated as if, before 1st April 2002, they had together carried on a single trade.
3
Section 400 of the Taxes Act (write-off of government investment) shall not apply with regard to any debt transferred to Scottish Water by virtue of section 22 of the Water Industry (Scotland) Act 2002.
4
For the purposes of section 400 of the Taxes Act the new water and sewerage authorities shall be treated as if, before 1st April 2002, they had together carried on a single trade.
5
For the purposes of corporation tax on chargeable gains —
a
Scottish Water shall be treated as having acquired all assets transferred from the new water and sewerage authorities by virtue of section 22 of the Water Industry (Scotland) Act 2002 at the time when they were acquired by the new water and sewerage authorities, and
b
on any disposal of any of those assets by Scottish Water, any expenditure incurred by a new water and sewerage authority which would, if the disposal had been made by that authority, have been allowable by virtue of section 38 of the Taxation of Chargeable Gains Act 1992 in computing the chargeable gain or allowable loss on the disposal of the asset shall be treated as though it had been incurred by Scottish Water.
Transfer arrangements
5
The existence or exercise of the powers of the Scottish Ministers under the Water Industry (Scotland) Act 2002 shall not be regarded as constituting or creating arrangements within the meaning of section 410 of the Taxes Act (arrangements for transfer of company to another group or consortium).
Tax-free benefits
6
Nothing in this Order or Part 3 of the Water Industry (Scotland) Act 2002, and nothing done under this Order or that Part, shall be regarded as a scheme or arrangement for the purposes of section 30 of the Taxation of Chargeable Gains Act 1992 (tax-free benefits).
Stamp Duty
7
No transfer from the new water and sewerage authorities to Scottish Water effected by virtue of the Water Industry (Scotland) Act 2002 shall give rise to any liability to stamp duty.
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Woking Area Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“the trust” means the Woking Area Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Woking Area Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Community Health Care Service (North Derbyshire) 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 Community Health Care Service (North Derbyshire) National Health Service Trust ;
“the new Trust” means the Chesterfield Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of both the old Trust and on behalf of the new Trust on 28th November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2002 and shall come into force on 31st March 2002.
2
In these Regulations “the General Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Amendment of the General Regulations
2
In regulation 5(2) of the General Regulations (amount of a Sure Start Maternity Grant), in each place where the amount “£300” appears there shall be substituted the amount “£500”.
Transitional arrangements
3
1
Subject to paragraph (2) of this regulation, the General Regulations shall have effect as if regulation 2 of these Regulations had not been made where —
a
the expected date of confinement;
b
the expected date of birth of the child (including any still-born);
c
the date of the adoption order; or
d
in the case of a child in respect of whom an order has been granted pursuant to section 30 of the Human Fertilisation and Embryology Act 1990 , the date of the order,
is before 16th June 2002.
2
Subject to paragraph (3), where a claim is made for a Sure Start Maternity Grant before 16th June 2002 in respect of a child born (including any still-born) on or after that date, regulation 5(2) of the General Regulations shall have effect as if the amount of the Sure Start Maternity Grant in that case were £500.
3
Where a decision is made in a case to which paragraph (2) applies on the basis that the amount of a Sure Start Maternity Grant is £300 —
a
that decision may be revised under section 9 of the Social Security Act 1998 (revision of decisions) —
i
within 13 months of that decision; or
ii
where the Secretary of State receives an application for a revision of that decision made within 13 months of that decision; and
b
any payment made pursuant to that decision (before revision) shall be offset against any amount payable pursuant to the revision under section 9 of that Act.
4
Regulation 4(1) of the General Regulations (provision against double payment) shall not prevent a payment being made in consequence of paragraphs (2) and (3).
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16th January 2002


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the North Stoke Primary Care Trust (Establishment) Amendment (No. 2) Order 2002 and shall come into force on 16th May 2002.
2
In this Order —
“ the Order ” means the North Stoke Primary Care Trust (Establishment) Order ; and
“ the trust ” means the trust established by the Order.
Amendment of the Schedule to the Order
2
1
The Schedule to the Order shall be amended in accordance with the following paragraph.
2
For the entry for the City of Stoke on Trent, there shall be substituted the following entry:
Abbey Green; Bentilee and Townsend; Berryhill and Hanley East; Burslem North; Burslem South; Chell and Packmoor; East Valley; Norton and Bradeley; Northwood and Birches Head; Tunstall.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
12th May 2002


text:
1
This Order may be cited as the Criminal Justice Act 1988 (Offensive Weapons) Order 2002 and shall come into force on the day after it is made.
2
This Order extends to England, Wales and Northern Ireland only.
3
The Schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988 , which specifies offensive weapons for the purposes of section 141 of the Criminal Justice Act 1988, shall be amended by the insertion into paragraph 1 of that Schedule after sub-paragraph (n) the words —
o
a disguised knife, that is any knife which has a concealed blade or concealed sharp point and is designed to appear to be an everyday object of a kind commonly carried on the person or in a handbag, briefcase, or other hand luggage (such as a comb, brush, writing instrument, cigarette lighter, key, lipstick or telephone).
.
John Denham
Minister of State
Home Office
22nd June 2002


text:
1
This Order may be cited as the Retirement Benefits Schemes (Indexation of Earnings Cap) Order 2002.
2
The figure specified by this Order, which is the figure found for the year of assessment 2002-03, for the purposes of section 590C of the Income and Corporation Taxes Act 1988, by virtue of subsections (4) and (5) of that section, is £97,200.
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2002


text:
Citation and commencement
1
This Order may be cited as the Electricity and Gas (Determination of Turnover for Penalties) Order 2002 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order —
“applicable turnover” means the amounts, ascertained in conformity with normal accounting practice in Great Britain, which are —
derived by the licence holder from the provision of goods and services falling within all the licence holder’s ordinary activities (whether or not such activities are authorised by a licence); and
computed on an accruals basis so that the amounts referred to in paragraph (a) above relating to the period for which applicable turnover is being determined are taken into account, without regard to the date of invoice or receipt of payment,
after deduction of trade discounts, value added tax and any other taxes based on such amounts;
“business year” means a period of more than six months in respect of which a licence holder publishes accounts or, if no such accounts have been published for the period, prepares accounts;
“date of the notice” means the date on which the Authority gives notice under section 27A(3) of the Electricity Act or section 30A(3) of the Gas Act ;
“the Electricity Act” means the Electricity Act 1989; and
“the Gas Act” means the Gas Act 1986.
Determination of turnover for the purposes of section 27A(8) of the Electricity Act and section 30A(8) of the Gas Act
3
1
Subject to paragraphs (2) to (4) below, for the purposes of section 27A(8) of the Electricity Act and section 30A(8) of the Gas Act the turnover of the licence holder shall be the applicable turnover for the business year preceding the date of the notice.
2
Where the business year preceding the date of the notice does not equal 12 months the turnover shall be the amount which bears the same proportion to the applicable turnover during that business year as 12 months does to the period of that business year.
3
Where there is no preceding business year the turnover shall be the applicable turnover of the licence holder for the period of 12 months ending on the last day of the month preceding the month in which the date of the notice falls.
4
Where in the application of paragraph (3) above the licence holder has applicable turnover for a period of less than 12 months the turnover shall be the amount which bears the same proportion to the applicable turnover during the period for which he has applicable turnover as 12 months does to that period.
Brian Wilson
Minister of State for Industry and Energy,
Department of Trade and Industry
12th April 2002


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


text:
Citation and commencement
1
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2002.
2
This regulation and regulations 2 and 3 shall come into force on 9th October 2002 and regulations 4 and 5 on 7th April 2003.
Amendment to the Road Vehicles (Registration and Licensing) Regulations 1971
2
The Road Vehicles (Registration and Licensing) Regulations 1971 shall be further amended in accordance with the following provisions of these Regulations.
Registration books
3
Regulation 8 (registration books) shall be amended by —
a
adding to paragraph (1) the words —
“or that the vehicle is the registered vehicle”; and
inserting after paragraph (1) —
1A
The Secretary of State may refuse to issue a registration book or duplicate in respect of a vehicle if he is not satisfied that the vehicle for which the book or duplicate is being sought accords with such particulars or is the registered vehicle.
.
Mandatory examinations
4
There shall be inserted after regulation 8 (registration books) the following:
Mandatory application of regulation 8(1)
8A
1
This regulation applies where —
a
a vehicle falls within category M1 of Annex II to Council Directive 70/156/ EEC ; and
b
either on or after the coming into force of this regulation an insurance company has informed the Secretary of State that it has decided to pay the value of the vehicle to the owner in preference to paying for the cost of repairing it or the registration book has been surrendered to the Secretary of State under regulation 12B.
2
Before issuing a new registration document, the Secretary of State shall, in order to be satisfied that the vehicle for which the document is being sought is the registered vehicle require —
a
the completing of a written application for an examination by a person seeking (whether or not on behalf of someone else) the new registration document;
b
the production of the vehicle and such other evidence (if any) under regulation 8(1) at such time and place and in such manner as the Secretary of State may determine; and
c
the payment, prior to the examination of the vehicle by the Secretary of State, of a fee.
3
If the Secretary of State is not satisfied that the vehicle in question is the registered vehicle, he shall give notice to the applicant of his decision, the reason for it, and the person and address to which an appeal may be made.
4
Within 28 days of the issue of the Secretary of State’s notice the person who produced the vehicle or other evidence may appeal in writing in accordance with that notice.
5
Such an appeal may be on the grounds that the reason given by the Secretary of State is insufficient or that he has made an error in the examination either of the vehicle or of other evidence.
6
An appeal by the person producing the vehicle or other evidence under this regulation shall be given or sent to the person and address contained in the notice given under paragraph (3), and shall be taken to have been made at the time it is received by the Secretary of State.
7
The appellant shall pay to the Secretary of State a fee, in respect of the re-examination of the vehicle, on appeal, but that further fee shall be refunded unless paragraph (13) applies if the appeal officer decides that the vehicle in question is the registered vehicle.
8
The appeal shall be determined by an appeal officer, being a person authorised by the Secretary of State for that purpose and not being the person who conducted the original examination.
9
If required by the appeal officer, the vehicle and the original or other evidence shall be produced for examination.
10
Where the Secretary of State is satisfied as to the identity of the vehicle, he shall issue a certificate recording each decision as to the identity of the vehicle made under this regulation (whether originally or following an appeal) and may at any time issue a replacement certificate to correct an error in the certificate.
11
A certificate or notice issued by the Secretary of State under this regulation may be issued —
a
by giving it to the person producing the vehicle; or
b
by properly addressing, pre-paying and posting a letter to the person who completed the application referred to in paragraph (2)(a) above and such notice shall be taken to have been issued at the time when it is so given or the letter containing it posted.
12
The fee payable under paragraph (2) or (7) above shall be —
a
where the examination of the vehicle is carried out between the hours of 8 a.m. and 5 p.m. on a Monday, Tuesday, Wednesday or Thursday, or between the hours of 8 a.m. and 4.30 p.m. on a Friday, unless such days are Christmas Day, Good Friday, or a Bank Holiday (as defined in the Banking and Financial Dealings Act 1971) , £26.50 if the examination is carried out at a testing station provided by the Secretary of State under section 52(2) of the Road Traffic Act 1988 or £32 if the examination is carried out elsewhere;
b
where the examination is carried out at any time in respect of which a fee specified in (a) above is not payable, £34 if the examination is carried out at a testing station provided by the Secretary of State under section 52(2) of the Road Traffic Act 1988, or £39.50 if the examination is carried out elsewhere.
13
Any fee paid under this regulation shall not be refunded by the Secretary of State in the event of the examination not taking place as a result of an act or omission on the part of the person who paid the fee.
14
Notwithstanding the provisions of this regulation the Secretary of State shall not be under a duty to carry out an examination of a vehicle which is —
a
obviously unroadworthy on visual inspection;
b
not in a condition for the examination to be carried out safely;
c
so dirty as to make examination excessively difficult;
d
not capable of being driven by normal means; or
e
unfuelled.
.
Notification of substantial damage
5
1
In paragraph (1) of both regulations 12 and 12A (change of ownership), after the word “applies” there shall be in each case inserted the words “subject to regulation 12B”.
2
There shall be inserted after regulation 12A the following —
Notification of substantial damage
12B
1
This regulation applies, and regulations 12 and 12A do not apply, where —
a
a mechanically propelled vehicle in respect of which a registration book has been issued has substantial damage to its bodywork; and
b
either the owner does not have insurance which covers such damage to the bodywork of the vehicle or the owner is an insurance company.
2
On a change of ownership of a mechanically propelled vehicle the registered keeper shall forthwith surrender the registration book to the Secretary of State, or, in the case of an insurance company, destroy it.
3
In this regulation, “substantial damage” means damage the cost of commercial repair of which would exceed the value of the vehicle.
.
Signed by the authority of the Secretary of State for Transport.
John Spellar
Minister of State,
Department for Transport
18th September 2002


text:
1
This Order may be cited as the A41 London to Birkenhead Trunk Road (Buckinghamshire) (Detrunking) Order 2002, and shall come into force on 30 March 2002.
2
In this Order —
i
“principal” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A41 London to Birkenhead Trunk Road (A41)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Buckinghamshire County Council that they will become the highway authority responsible for that length of road.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
A Divisional Director Highways Agency
4th February 2002