text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (City of Southampton) Order 2002 and shall come into force on 25th February 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the City of Southampton with the exception of the following roads:
a
the M27 motorway for the whole of its length in the City of Southampton; and
b
the M271 motorway, together with all its on and off slip roads, from its junction with the Redbridge Roundabout for the whole of its entire length in the City of Southampton.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
28th January 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcestershire 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 Worcestershire Health Authority ;
“the new Trust” means the Worcestershire Community and Mental Health National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 28th November 2001 and on behalf of the new Trust on 2nd 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, commencement and interpretation
1
1
This Order may be cited as the Bury Health 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 Bury Health Care National Health Service Trust ;
“the new Trusts” means the Pennine Acute Hospitals National Health Service Trust and the Pennine Care National Health Service Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Pennine Acute Hospitals National Health Service Trust and signed on behalf of the old Trust on 4th February 2002 and on behalf of the Pennine Acute Hospitals National Health Service Trust on 6th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Pennine Acute Hospitals National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Pennine Care National Health Service Trust and signed on behalf of the old Trust on 23rd November 2001 and on behalf of the Pennine Care National Health Service Trust on 6th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Pennine Care National Health Service Trust.
3
1
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 relevant 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 relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
1
These Regulations may be cited as the Genetically Modified Organisms (Contained Use) (Amendment) Regulations 2002 and shall come into force on 8th February 2002.
2
The Genetically Modified Organisms (Contained Use) Regulations 2000 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 22(3), after the words “following information, which” there shall be inserted the words “, subject to regulation 23A,”.
4
In regulation 23(3), after the words “following information, which” there shall be inserted the words “, subject to regulation 23A,”.
5
After regulation 23, there shall be inserted the following regulation, namely —
Confidentiality in the interests of national security
23A
1
There shall be kept confidential any information referred to in regulations 22(3) and 23(3) if, and so long as, the Secretary of State is of the opinion that such information should be kept confidential in the interests of national security.
2
Where the Secretary of State is of the opinion that information referred to in regulation 22(3) should be kept confidential in the interests of national security, that information shall not be disclosed except —
a
to the extent necessary to evaluate the notification in question; and
b
to the European Commission.
3
Where the Secretary of State is of the opinion that information referred to in regulation 23(3) should be kept confidential in the interests of national security, that information shall not be disclosed except to the extent necessary to enable the competent authority to comply with its obligations under regulation 21(2).
4
A person may give written notice to the Secretary of State —
a
specifying information which appears to that person to be information to which paragraph (1) may apply; and
b
indicating its apparent nature.
5
If a person gives a written notice pursuant to paragraph (4), at the same time he shall give written notice to the competent authority that he has done so.
6
Subject to paragraph (7), no information notified pursuant to paragraph (4) shall be disclosed until the Secretary of State has determined that it should not be kept confidential in the interests of national security.
7
Information notified pursuant to paragraph (4) may be disclosed before the Secretary of State has made the determination referred to in paragraph (6) —
a
in the case of information referred to in regulation 22(3) —
i
to the extent necessary to evaluate the notification in question, and
ii
to the European Commission;
b
in the case of information referred to in regulation 23(3), to the extent necessary to enable the competent authority to comply with its obligations under regulation 21(2).
8
A person who receives information by virtue of paragraphs (2)(a), (3), (7)(a)(i) or (7)(b) shall not use that information except for the purposes of the competent authority.
.
6
In regulation 24 —
a
for paragraph (1), there shall be substituted the following paragraph, namely —
This regulation is subject to regulation 24A.
;
b
in paragraph (2), for the words “register referred to in paragraph (1)”, there shall be substituted the words —
competent authority shall maintain a register of every notification submitted under regulations 9 to 12 and the register
;
c
in paragraph (3), there shall be omitted the words “referred to in paragraph (1)”; and
d
after paragraph (10), there shall be added the following paragraph, namely —
11
In this regulation, “the register” means the register maintained by the competent authority in accordance with paragraph (2).
.
7
After regulation 24 there shall be inserted the following regulation, namely —
Information not to be included in the register
24A
1
No information shall be included in the register if and so long as, in the opinion of the Secretary of State, the inclusion in the register of that information, or information of that description, would be contrary to the interests of national security.
2
For the purpose of securing the exclusion from the register of information to which paragraph (1) applies, the Secretary of State may give to the competent authority directions —
a
specifying information, or descriptions of information, to be excluded from the register; or
b
specifying descriptions of information to be referred to the Secretary of State for his determination.
3
No information referred to the Secretary of State pursuant to paragraph (2)(b) shall be included in the register until the Secretary of State determines that it should be so included.
4
The competent authority shall notify the Secretary of State of any information it excludes from the register in accordance with directions given to it under paragraph (2).
5
A person may give a written notice to the Secretary of State —
a
specifying information which appears to that person to be information to which paragraph (1) may apply; and
b
indicating its apparent nature.
6
If a person gives a written notice pursuant to paragraph (5), at the same time he shall give written notice to the competent authority that he has done so.
7
No information notified pursuant to paragraph (5) shall be included in the register until the Secretary of State has determined that it shall be so included.
8
In this regulation, “the register” means the register maintained by the competent authority in accordance with regulation 24(2).
.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department of Transport, Local Government and the Regions
16th January 2002


text:
Citation and commencement
1
This Order may be cited as The M4 Motorway (London Borough of Hounslow) (Bus Lane) Order 1998 (Variation) Order 2002 and shall come into force on 23rd July 2002.
Amendment
2
The M4 Motorway (London Borough of Hounslow) (Bus Lane) Order 1998 shall be amended as follows:
1
To article 2 there shall be added —
“motor cycle” has the meaning given in section 136(4) of the Road Traffic Regulation Act 1984;
.
2
For article 3(2)(a) there shall be substituted —
a bus, licensed taxi or motor cycle;
.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
Divisional Director Operations Directorate Highways Agency
Department for Transport, Local Government and the Regions
5th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medway 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 Medway 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 Medway 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 and interpretation
1
1
This Order may be cited as the Social Security Fraud Act 2001 (Commencement No. 5) Order 2002.
2
In this Order, references to “the Act” are to the Social Security Fraud Act 2001.
Appointed day
2
The day appointed for the coming into force of —
a
subsections (1) to (3) and (5) to (8) of section 1 (additional powers to obtain information),
b
section 2 (electronic access to information),
c
section 4 (arrangements for payments in respect of information),
d
section 6 (exchange of information by authorities administering benefit),
e
section 14 (delegation of functions),
f
section 15 (colluding employers),
g
section 17 (time limit for proceedings in Scotland),
h
section 18 (meaning of “the Administration Act”), and
i
section 19 (repeals)
of the Act is 30th April 2002.
Signed by authority of the Secretary of State for Work and Pensions
Ian McCartney
Minister of State
Department for Work and Pensions
29th April 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Contributions (Decisions and Appeals) (Amendment) Regulations 2002 and shall come into force on 7th January 2003.
Interpretation
2
In these Regulations “the principal Regulations” means the Social Security (Contributions) (Decisions and Appeals) Regulations 1999 .
Amendments to the principal Regulations
3
1
In the provisions of the principal Regulations specified in paragraph (2) for “statutory sick pay or statutory maternity pay” substitute “statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay”.
2
The provisions are —
a
regulation 3(3);
b
regulation 4(1)(a);
c
regulation 8(4)(a) ;
d
regulation 11(7); and
e
regulation 12(2)(a) and (3)(a).
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
10th December 2002
The Lord Chancellor and the Scottish Ministers concur in the making of these Regulations.
Signed by authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary,
Lord Chancellor’s Department
12th December 2002
James Wallace
A Member of the Scottish Executive
16th December 2002


text:
1
These Regulations may be cited as the Immigration and Asylum Appeals (One-Stop Procedure) (Amendment) Regulations 2002 and shall come into force on 8th November 2002.
2
1
Regulation 4 of the Immigration and Asylum Appeals (One-Stop Procedure) Regulations 2000 is amended as follows.
2
In regulation 4(4), for “, the period of ten days is prescribed” there is substituted —
the period of three days is prescribed, where the applicant is detained under the Immigration Act 1971 and is entitled to reside in one or more of the following States:
the Republic of Cyprus;
the Czech Republic;
the Republic of Estonia;
the Republic of Hungary;
the Republic of Latvia;
the Republic of Lithuania;
the Republic of Malta;
the Republic of Poland;
the Slovak Republic; or
the Republic of Slovenia; and
the period of ten days is prescribed in any other case.
.
3
In regulation 4(6), after “notice” there is inserted “except that where regulation 4(4)(a) applies the statement must be served by hand”.
3
1
Part II of the Schedule to the Immigration and Asylum Appeals (One-Stop Procedure) Regulations 2000 is amended as follows.
2
For the words in the box “ 10 working days of receipt by you or your representative ” there is substituted —
3 working days of receipt by you or your representative if you are detained under the Immigration Act 1971 and you are entitled to reside in any of the following States:
the Republic of Cyprus
the Czech Republic
the Republic of Estonia
the Republic of Hungary
the Republic of Latvia
the Republic of Lithuania
the Republic of Malta
the Republic of Poland
the Slovak Republic
the Republic of Slovenia
The STATEMENT OF ADDITIONAL GROUNDS should be completed and returned to arrive within 10 working days of receipt by you or your representative in all other cases.
.
3
Under the heading “Your statement”, for the words from “10 working days” to “10 days” there is substituted —
the time limit that applies in your case. Saturdays, Sundays, bank and public holidays are not included when counting the days to complete and return the statement.
.
4
Immediately beneath the heading “Service of statement of additional grounds” there is inserted —
Where you have 3 working days to complete and return the statement, the statement must be served by hand on the person who has custody of you.
Where you have 10 working days to complete and return the statement,
.
Beverley Hughes
Minister of State
Home Office
6th November 2002.


text:
Citation and commencement
1
This Order may be cited as the Guaranteed Minimum Pensions Increase Order 2002 and shall come into force on 6th April 2002.
Increase of guaranteed minimum pensions
2
For the purposes of section 109(2) and (3) of the Pension Schemes Act 1993 the percentage by which there is to be an increase in the rate of that part of any guaranteed minimum pension which is attributable to earnings factors for the tax years in the relevant period shall be 1.7 per cent.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
11th March 2002


text:
1
This Order may be cited as the A57 Trunk Road (A57/M60/M67 Denton Roundabout to Manchester City Boundary) (Detrunking) Order 2002 and shall come into force on 1st May 2002.
2
In this Order —
i
“the plan” means the plan, numbered HA10/PS/230, and marked “The A57 Trunk Road” (A57/M60/M67 Denton Roundabout to Manchester City Boundary) (Detrunking) Order 200 ”; signed by the authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St. Leonards-on-Sea, East Sussex TN37 7GA.
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A57 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes in to force.
Signed by authority of the Secretary of State for Transport Local Government and the Regions
Kevin Lasbury
Divisional Director Operations Division North Highways Agency
25th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West Anglia Health 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 North West Anglia Health Care National Health Service Trust ;
“the new Trust” means the Peterborough Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 22nd November 2001 and on behalf of the new Trust on 27th 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
This Order may be cited as the Lambeth 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 National Health Service Act 1977;
“the trust” means the Lambeth 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 Lambeth Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
20th March 2002


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Court of Protection (Amendment) Rules 2002 and shall come into force on 17th April 2002.
2
In these Rules unless the context requires otherwise references to a rule by number alone means the rule so numbered in, and references to the Appendix means the Appendix to, the Court of Protection Rules 2001 .
Amendments to Court of Protection Rules 2001
2
In the Arrangement of Rules —
a
after the entry for rule 77 there shall be inserted —
77A
Receivership appointment fee
; and
b
the entry for rule 81 shall be omitted.
3
In rule 9, after paragraph (2), there shall be inserted —
3
Where the court decides that the application can properly be dealt with without a hearing and a hearing is cancelled, an officer shall so notify the applicant by letter.
.
4
1
In rule 24(1B), after “managing his property and affairs”, there shall be inserted “, or where an enduring power of attorney created by the patient has been registered, and the registration has not been cancelled”.
2
After rule 24(1B) there shall be inserted —
1BB
Subject to paragraph (1C), paragraph (1A) shall not apply to a relevant application where the court is of the opinion that it is necessary to make an immediate order directing or authorising any person to do any act or carry out any transaction an behalf of a patient, and directs that notice to the patient may be dispensed with.
.
5
In rule 29(2), after “may put” there shall be inserted “them”.
6
1
For rule 43(1) there shall be substituted —
1
Where a receiver is appointed for a patient, or where the court orders, directs or authorises any named person (“the named person”) to deal, with a patient’s property (or any of it) or affairs, including (but not limited to) by way of an order under rule 8, the court may, during the receivership or (as the case may be) the period for which the order, direction or authority remains in force, allow the receiver or (as the case may be) named person remuneration for his services at such amount or at such rate as it considers reasonable and proper, and any remuneration so allowed shall constitute a debt due to the receiver or (as the case may be) named person from the patient and his estate.
.
2
In rule 43(2) —
a
after “by a receiver” there shall be inserted “or a named person”;
b
after “during the receivership” there shall be inserted “or, as the case may be, the period for which the order, direction or authorisation remains in force,”; and
c
after “the receiver’s discharge” there shall be inserted “, or (as the case may be) the date on which the order, direction or authorisation ceases to have effect”.
7
In rule 46(1)(b), for the words to and including “rule 8” there shall be substituted “an order or direction with respect to a patient’s property is made under rule 8”.
8
In rule 76(3), for “fee prescribed by rule 78” there shall be substituted “fees prescribed by rules 77A, 78, 79 and 82”.
9
In rule 77, after “appointment of a receiver” there shall be inserted “or other originating process”.
10
After rule 77 there shall be inserted —
Receivership appointment fee
77A
1
Subject to paragraph (2), an appointment fee shall be payable, as set out in paragraph 1A of the Appendix, upon the appointment of a receiver for a patient.
2
Where the proceedings are terminated less than four weeks from the appointment of a receiver, the fee payable under paragraph (1) shall be refunded if it has been paid or, if it has not been paid, it shall cease to be payable.
.
11
1
In rule 78(2)(c) before “made” there shall be inserted “to be”.
2
In rule 78(4) before “amount of the fee” there shall be inserted “the”,
12
1
In rule 79(6) —
a
after “paragraph (b)” there shall be inserted “or (c)”;
b
for “offering” there shall be substituted “ordering”; and
c
after “authorising the sale” there shall be inserted “or purchase”.
2
In rule 79(8) after “paragraphs (d) or (h)” there shall be inserted “of section 96(1)”.
13
Rule 81 shall be omitted.
14
1
In rule 86(1), for “modification” there shall be substituted “modifications”.
2
In rule 86(2) —
a
in sub-paragraph (e), for “apply.” there, shall be substituted “apply;”
b
after sub-paragraph (e) there shall be inserted —
f
rule 44.7(a) of the 1998 Rules (summary assessment) does not apply where the patient is the paying party;
g
rules 47.9(4), 47.10 and 47.11 of the 1998 Rules (default costs certificate) do not apply where the patient is the paying party.
.
3
After rule 86(2) there shall be inserted —
3
Where the court orders costs to be assessed by way of detailed assessment, the detailed assessment proceedings shall take place in the High Court.
.
15
1
The Appendix shall be amended in accordance with the following paragraphs of this rule.
2
In paragraph 1 —
a
in column 1 after “appointment of a receiver” there shall be inserted “or other originating process”; and
b
in column 2 for “£230.00” there shall be substituted “£65.00”.
3
After paragraph 1 there shall he inserted —
Receivership appointment fee (rule 77A)
1A
Receivership appointment fee
£500.00
4
In column 2 of paragraph 3(1)(iv), (v) and (vi) and 3(2), for “£110.00”, wherever it occurs, there shall be substituted “£115.00”.
5
In column 2 of paragraph 3(3), for “£475.00” there shall be substituted “£490.00”.
6
In column 2 of paragraph 3(4), for “£175.00” there shall be substituted “£180.00”.
7
In paragraph 3(5) —
a
in column 1 after “section 96(1)(b)” there shall be inserted “or (c)” and after “authorising the sale” there shall be inserted “or purchase”.
b
in column 2, for “£145.00” there shall be substituted “£150.00”.
8
In column 2 of paragraph 4(1), for “£160.00” there shall be substituted “£165.00”.
9
Paragraphs 5 and 6 shall be omitted.
10
For paragraph 7 there shall be substituted —
Winding up fee (rule 82)
7
On the death of a patient, where a receiver has been appointed
£360.00
Transitional provisions
16
1
Where, but for this paragraph, an appointment fee would be payable under rule 77A(1), no such fee shall be payable if the application for the appointment of a receiver was received by the court before 17th April 2002.
2
Where —
a
but for this paragraph, a transaction fee would be payable under rule 79(1);
b
by virtue of rule 79(4)(a) that fee would be payable upon the approval of the transaction; and
c
that fee would not be payable if these Rules had not been made
no such fee shall be payable if the application for such approval was received by the court before 17th April 2002.
Irvine of Lairg, C
Dated 26th March 2002
We consent
Anne McGuire
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 26th March 2002


text:
Citation and interpretation
1
This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 4) Order 2002.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Special Educational Needs and Disability Act 2001.
Appointed days
3
The day appointed for the coming into force of the provisions specified in Part I of the Schedule to this Order is 1st July 2002.
4
The day appointed for the coming into force of the provisions specified in Part II of the Schedule to this Order, otherwise than as respects Wales , is 1st July 2002.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
24th June 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Leasehold Reform (Notices) (Amendment) (No. 2) (England) Regulations 2002 and shall come into force on 10th April 2003.
2
These Regulations extend to England only.
Amendment
2
In the Schedule to the Leasehold Reform (Notices) Regulations 1997 for Form 3, substitute the Form in the Schedule to these Regulations.
Application
3
These Regulations shall apply to a notice in reply given by a landlord, in accordance with paragraph 7(1) of Schedule 3 of the Leasehold Reform Act 1967 , on or after the date these Regulations come into force.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under-Secretary of State,
Office of the Deputy Prime Minister
20th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cornwall Healthcare National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the Cornwall Healthcare National Health Service Trust (Establishment) Order 1993 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Cornwall Partnership National Health Service Trust instead of the Cornwall Healthcare National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Cornwall Healthcare” there shall be substituted “Cornwall Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation, commencement and extent
1
1
This Order may be cited as the Dog Fouling (Fixed Penalty) (England) Order 2002 and shall come into force on 1st April 2002.
2
This Order extends to England only.
Amount of fixed penalty
2
For the purposes of section 4 of the Dogs (Fouling of Land) Act 1996 (fixed penalty notices), for the amount of £25 specified as the amount of the fixed penalty in section 88(6) of the Environmental Protection Act 1990 substitute the amount of £50.
Revocation
3
Article 3 of the Dog Fouling (Fixed Penalties) Order 1996 (amount of fixed penalty) is revoked.
Michael Meacher
Minister of State
Department for Environment, Food and Rural Affairs
24th February 2002


text:
1
This Order may be cited as the A58 Trunk Road (Halifax to M62 Motorway, Chain Bar) (Detrunking) Order 2002 and shall come into force on Monday 28th January 2002.
2
In this Order —
i
“the plan” means the plan numbered HA 10/PS/227 and marked “The A58 Trunk Road (Halifax to M62 Motorway, Chain Bar) (Detrunking) Order 2002, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at the Department for Transport, Local Government and the Regions, Records Management Branch, Ashdowne House, 123 Victoria Street, London SW1 6DE;
ii
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A58 Trunk Road.
3
The length of the trunk road described in the schedule to this Order shall cease to be trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by the authority of the Secretary of State for Transport, Local Government and the Regions
Kevin Lasbury
Divisional Director Highways Agency
14th January 2002


text:
Citation and commencement
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions at Key Stage 4) (England) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.
Amendment of Regulations
2
The Education (National Curriculum) (Exceptions at Key Stage 4) (England) Regulations 2000 shall be amended in accordance with regulations 3 to 10 of these Regulations.
3
In regulation 3(1) —
a
the definitions of “induction programme” and “the QCA” shall be omitted; and
b
in the definition of “approved qualification”, in place of the words “section 400 of the Act” there shall be substituted “section 98 of the Learning and Skills Act 2000 for the purpose of section 96 of that Act”.
4
In regulation 4, sub-paragraph (c) and the word “and” preceding it shall be omitted.
5
In regulation 5, in place of the words “section 400 of the Act” there shall be substituted “section 98 of the Learning and Skills Act 2000 for the purpose of section 96 of that Act”.
6
1
In regulation 7(1)(b), the words “is emphasising that curriculum area” shall be omitted and the following substituted —
the course or courses to be studied by the pupil in place of National Curriculum subjects will complement his other studies and will result in an emphasis in a particular curriculum area
.
2
In regulation 7(1)(c), the words “and is consolidating his learning and progress across the curriculum;” shall be omitted and the following substituted —
and —
i
the time made available by the disapplication of the National Curriculum will be used to consolidate his learning and progress across the curriculum; and
ii
the disapplication will lessen the assessment demands on the pupil.
.
7
1
In regulation 8(1), sub-paragraph (b) shall be omitted and the following sub-paragraphs substituted —
b
agree the proposed disapplication with the pupil and his parents; and
c
in relation to a disapplication under regulation 7(1)(a), ensure that a guidance interview with the pupil has taken place.
.
2
Paragraph (2)(c) of regulation 8 shall be omitted.
3
Paragraph (3) of regulation 8 shall be omitted and the following substituted —
3
The reference to a guidance interview in paragraph (1) means an interview between the pupil and an impartial and informed adult which enables the pupil to consider and discuss his ambitions for his future education and training and which enables guidance to be given to him regarding the curriculum plan and the implications for him of the disapplication of the National Curriculum.
.
8
Regulation 9 shall be omitted and the following regulation substituted —
9
Where the National Curriculum is being disapplied in the circumstances set out in regulation 7(1)(a), the head teacher shall —
a
ensure that, as far as is practicable, the pupil’s timetable is arranged and preparatory work is carried out so as to ensure that the requirements of his curriculum plan are met; and
b
make arrangements to monitor the attendance, progress and achievements of the pupil.
.
9
Regulations 10, 11 and 13 shall be omitted.
10
In regulation 12, in place of the words from “and syllabuses” to the end of the regulation there shall be substituted “that have been approved by the Secretary of State under section 98 of the Learning and Skills Act 2000 for the purpose of section 96 of that Act”.
11
The Education (National Curriculum) (Exceptions) Regulations 1996 are, so far as they relate to England, hereby revoked.
David Miliband
Minister of State,
Department for Education and Skills
1st August 2002


text:
Citation and commencement
1
This Order may be cited as the Southend Education Action Zone (Extension) Order 2002 and shall come into force on 1st December 2002.
Interpretation
2
In this Order —
“Southend Education Action Zone” means the Education Action Zone established by the Southend Education Action Zone Order 1999 .
The extension of the Southend Education Action Zone
3
The Southend Education Action Zone is extended for a further period of two years beginning with 1st December 2002.
David Miliband
Minister of State
Department for Education and Skills
7th November 2002


text:
PART 1
Preliminary
Citation and commencement
1
These Regulations may be cited as the School Companies Regulations (Private Finance Initiative Companies) Regulations 2002 and shall come into force on 20th January 2003.
Interpretation
2
1
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“a further education institution” means
an institution which has been designated by order of the Secretary of State under section 28 of the Further and Higher Education Act 1992 ; or
an institution conducted by a further education corporation as defined by section 17(1) of the Further and Higher Education Act 1992;
“a higher education institution” means
an institution conducted by a higher education corporation as defined by section 90(1) of the Further and Higher Education Act 1992;
a university; or
an institution which has been designated by order of the Secretary of State as eligible to receive funding from a higher education council under section 129 of the Education Reform Act 1988
“a relevant local education authority” means a local education authority which maintains any schools whose governing bodies are members of the school PFI company;
“a school PFI company” means a company to which these Regulations apply in accordance with Regulation 4;
“supervising authority” means the local education authority designated in accordance with Part 4 of these Regulations to supervise a school PFI company.
2
For the purpose of these Regulations a school is “subject to special measures” if —
a
a report of an inspection of the school has been made under either Part 1 of the School Inspections Act 1996 or section 65 of the Learning and Skills Act 2000 in which the person making it stated that in his opinion special measures were required to be taken in relation to the school;
b
either that person was a member of the Inspectorate or the report stated that the Chief Inspector agreed with his opinion; and
c
the report has not been superseded by any subsequent report in which the person making it stated that in his view special measures were not required to be taken in relation to the school.
3
For the purposes of these regulations a school “has serious weaknesses” if —
a
a report of an inspection of the school has been made under Part 1 of the School Inspections Act 1996 in which the person making it stated that in his opinion the school had serious weaknesses; and
b
that report has not been superseded by a subsequent report stating that, in the opinion of the person writing the report, the school either no longer has serious weaknesses, or stating that special measures are required to be taken in relation to the school.
Definition of “an agreement under the private finance initiative”
3
1
For the purposes of these Regulations “an agreement under the private finance initiative” means an agreement to which paragraph (3) or (4) of this regulation applies.
2
In this regulation —
“asset” means —
any tangible asset, including any land, building or equipment; or
any computer software;
“works” means the construction, enhancement, replacement or installation of an asset.
3
This paragraph applies to an agreement where —
a
consideration is received by the governing body of a maintained school under the agreement and that consideration includes —
i
the provision or making available of an asset or the carrying out of works for the purposes of, or in connection with, the discharge of a function of the governing body; and
ii
the provision of services for the purposes of, or in connection with, the discharge of the same function;
b
the governing body do not give to any other person any indemnity or guarantee in respect of any liabilities of the person with whom they enter into the transaction (whether those liabilities are incurred in respect of the transaction or otherwise);
c
the consideration given by the governing body under the transaction includes the payment of fees by instalments at annual or more frequent intervals;
d
the fees are determined in accordance with factors which in every case include —
i
standards attained in the performance of the services; or
ii
the extent, rate or intensity of use of the asset, or as the case may be of the asset which is constructed, enhanced, replaced or installed under the transaction; and
e
the first instalment of fees falls to be paid after the services have started to be provided.
4
This paragraph applies to an agreement where private finance initiative credits are given to a local authority in respect of that agreement.
Companies governed by these Regulations
4
These Regulations apply in relation to any company —
a
whose members include the governing body of a maintained school which has exercised its powers under section 11 of the 2002 Act to become a member of the company;
b
where the main purpose of the members in forming the company is to enter into or facilitate agreements under the private finance initiative; and
c
one of the company’s objects is to enter into or facilitate agreements under the private finance initiative.
PART 2
Restrictions on School PFI Companies
Persons who may be admitted to membership of a school PFI company
5
1
The constitution of a school PFI company must provide that the company must not admit to its membership any person who is not listed in paragraph (2) below.
2
The following persons may be members of a school PFI company —
a
the governing body of a maintained school;
b
a local authority in England;
c
a company which has as a significant proportion of its business the provision of education or educational or ancillary services or goods;
d
a company which provides services or facilities under private finance agreements;
e
the governing body of a further or higher education institution (within the meaning of section 90(1) of the Further and Higher Education Act 1992) if it has legal personality;
f
the proprietor of an independent school or the governing body of an independent school (if the governing body has legal personality), which provides full-time education for five or more pupils of compulsory school age;
g
any individual not excluded by the Schedule.
Restriction on school funding of school PFI companies
6
Where a governing body of a maintained school, which is a member of a school company, is spending money as agent of its local education authority by virtue of section 49(5) of the School Standards and Framework Act 1998 , it must only make payments to that company in the following circumstances —
a
as consideration for services or facilities that the company has supplied or procured for the school; for
b
where such payment is necessary or expedient to enable the company to pursue its objects.
PART 3
Seeking Consent to Become a Member of a School PFI Company
Grounds on which a local education authority may refuse consent to a school governing body to become a member of a school company
7
Where the governing body of a maintained school seek the consent of the local education authority to form or become a member of a school PFI company in exercise of their powers under section 11 of the 2002 Act, the local education authority must give that consent unless —
a
the school has a deficit budget;
b
the governing body of the school has been a member of a school PFI company which failed to act in accordance with these Regulations whilst the governing body was a member, within the last 3 years;
c
the school is subject to special measures; or
d
the school has serious weaknesses.
Duty to provide written reasons for refusal
8
Where the local education authority does not consent to a governing body becoming a member of a school PFI company, it must provide written reasons for its refusal.
PART 4
The Supervising Authority for a School PFI Company
Designation of a supervising authority by a school PFI company
9
1
Each school PFI company must have a local education authority designated as its supervising authority.
2
Where the governing bodies of maintained schools who are members of a school PFI company are all governing bodies of schools which are maintained by one local education authority, then that local education authority is the supervising authority for that school PFI company and the company shall designate it as such.
3
Where the membership of a school PFI company includes governing bodies of maintained schools maintained by more than one local education authority and there is only one relevant local education authority that is not a member of the school PFI company, then that local education authority is the supervising authority for that school PFI company and the company shall designate it as such.
4
A school PFI company shall designate its supervising authority in accordance with this regulation by serving written notice of the designation on the supervising authority and all relevant local education authorities within 28 days of these Regulations applying to the Company.
Designation of a supervising authority by the relevant local education authorities
10
1
This regulation applies to any school PFI company where neither regulation 9(2) nor 9(3) applies.
2
Where this regulation applies the relevant local education authorities must —
a
agree which of them to designate as the supervising authority within 28 days of this regulation applying to the company; or, in the absence of such agreement,
b
notify the Secretary of State, in writing, that they cannot agree, within 28 days of this regulation applying to the company and request that he designate a supervising authority for the school PFI company.
Designation of a supervising authority by the Secretary of State
11
1
Where the Secretary of State designates a local education authority as the supervising authority for a school PFI company he shall serve written notice of the designation on the supervising authority, the company and all the relevant local education authorities specifying the date on which the designation takes effect.
2
The Secretary of State may, where he has designated a local education authority as the supervising authority, revoke that designation and may designate another relevant local education authority as the school PFI company’s supervising authority.
Written notice required when Secretary of State revokes the designation of a supervising authority
12
1
The Secretary of State may revoke the designation of a supervising authority and designate a new supervising authority under regulation 11(2) by serving written notice of the revocation and designation on the school company, the supervising authority and all relevant local education authorities.
2
Any such notice must specify the date on which the local education authority designated as the supervising authority ceases to be the supervising authority and either —
a
the new supervising authority and the date on which it becomes the supervising authority; or
b
the date by which the relevant local education authorities must notify the Secretary of State either —
i
of the authority which they have agreed to designate as the supervising authority; or
ii
that they cannot agree and request that he designate a supervising authority for the company.
Supervising authority may resign
13
Where a local education authority has been designated as the supervising authority for a school PFI company by agreement under regulation 10(2)(a), 12(2)(b)(i) or 15(a), that authority may, after it has been the supervising authority for two years, resign from its role as supervising authority by serving 56 days' notice on the company and all relevant local education authorities.
Circumstances in which the supervising authority must resign
14
If all the governing bodies of schools maintained by the supervising authority cease to be members of the school PFI company, the supervising authority must resign from its role as supervising authority by serving 56 days' notice on the company and all the relevant local education authorities.
Procedure where a supervising authority resigns
15
Where a supervising authority resigns under regulation 13 or 14 the relevant local education authorities must within 28 days of the notice, either —
a
agree which authority to designate as the supervising authority; or, in the absence of such agreement,
b
notify the Secretary of State that they cannot agree and request that he designate a supervising authority for the school company.
Notification required if a company ceases to be a school PFI company
16
If a company ceases to be a school PFI company it shall notify its supervising authority in writing of that fact within 7 days and specify the date on which it ceased to be a school PFI company. The supervising authority shall notify any other relevant local education authorities and the Secretary of State that the company has ceased to be a school PFI company within 28 days of receipt of notice from the company.
Functions of a supervising authority
17
1
When a local education authority becomes the supervising authority for a school PFI company it must provide the Secretary of State with the following information, in writing, within 28 days of becoming the supervising authority —
a
the members of the company;
b
the name and registered number of the company; and
c
the fact that it is the supervising authority for the company.
2
A supervising authority must notify the Secretary of State, in writing within 28 days, of the following events —
a
changes to the company’s membership, name and registered number; and
b
if it ceases to be a relevant local education authority.
Duty of company to provide accounts to its supervising authority
18
A school company must provide a copy of its annual audited accounts to its supervising authority within 28 days of the audited accounts being approved or qualified by its auditors.


text:
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 8) Order 2002.
2
The following provisions of the Criminal Justice and Police Act 2001 shall come into force on 1st January 2003 —
a
section 78(1), (3), (4), (5), (6), (8) and (9) (taking fingerprints);
b
section 80(3), (5) and (6) (samples);
c
section 137 (repeals) in so far as it relates to the entry Criminal Justice Act 1948 in Schedule 7, Part 2; and
d
the entry Criminal Justice Act 1948 in Schedule 7, Part 2.
John Denham
Minister of State
Home Office
6th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Central London Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the North Central London Health Authority ;
“the new Trust” means the Camden Primary Care Trust ; and
“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 28th June 2002 and on behalf of the new Trust on 5th July 2002.
Transfer of trust property
2
1
On 30th September 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
4th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire Health Authority (Transfer of Trust Property) No. 2 Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Gloucestershire Health Authority ;
“the new Trust” means the Cheltenham and Tewkesbury 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 28th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
26th March 2002


text:
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) (No. 2) Regulations 2002 and shall come into force on 16th December 2002.
2
Regulation 36 of the Education (Student Loans) (Repayment) Regulations 2000 shall be amended as follows.
3
1
In paragraph (2) —
a
at the end of sub-paragraph (b) for the comma substitute “; or” and after that insert —
c
income support deduction notices made under regulation 20 of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 (“the Social Security Regulations”),
;
b
for “both types of order” substitute “these types of order or notice”.
2
In paragraph (3)(c) —
a
for “or deductions of earnings order” substitute “, deduction of earnings order or income support deduction notice”;
b
after “no such order” insert “or notice”.
3
In paragraph (4) after “Council Tax Regulations” insert “or an income support deduction notice made under regulation 20 of the Social Security Regulations.”.
4
In paragraph (5) for “or a deduction of earnings order” substitute “, deduction of earnings order or income support deduction notice”.
5
After paragraph (5) add —
6
Where repayments to be deducted in accordance with paragraph (3) are reduced as a result of sub-paragraph (c) of that paragraph and the total of the reduced repayments includes pence as well as pounds the pence shall be ignored.
.
Margaret Hodge
Minister of State,
Department for Education and Skills
10th November 2002


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) (No. 2) Order 2002, and comes into force on 21 August 2002.
Amendment of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
2
The Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (“the Regulated Activities Order”) is amended by inserting, after article 72 —
Information society services
72A
1
There is excluded from this Part any activity consisting of the provision of an information society service from an EEA State other than the United Kingdom.
2
The exclusion in paragraph (1) does not apply to the activity of effecting or carrying out a contract of insurance as principal, where —
a
the activity is carried on by an undertaking which has received official authorisation in accordance with Article 6 of the first life insurance directive or the first non-life insurance directive, and
b
the insurance falls within the scope of any of the insurance directives.
.
3
1
The Regulated Activities Order is also amended as follows.
2
After article 9A, insert —
Information society services
9AA
Article 5 is subject to the exclusion in article 72A (information society services).
.
3
After article 12, insert —
Information society services
12A
Article 10 is subject to the exclusion in article 72A (information society services), as qualified by paragraph (2) of that article.
.
4
In article 20, for “and 72 (overseas persons)”, substitute, “, 72 (overseas persons) and 72A (information society services)”.
5
In article 24, for “and 72 (overseas persons)”, substitute “, 72 (overseas persons) and 72A (information society services)”.
6
In article 36, for “and 72 (overseas persons)”, substitute “, 72 (overseas persons) and 72A (information society services)”.
7
In article 39, for “and 69 (groups and joint enterprises)”, substitute “, 69 (groups and joint enterprises) and 72A (information society services)”.
8
In article 44, for “and 71 (employee share schemes)”, substitute “, 71 (employee share schemes) and 72A (information society services)”.
9
In article 50, for “and 69 (groups and joint enterprises)”, substitute “, 69 (groups and joint enterprises) and 72A (information society services)”.
10
After article 51, insert —
Exclusion
Information society services
51A
Article 51 is subject to the exclusion in article 72A (information society services).
.
11
After article 52, insert —
Exclusion
Information society services
52A
Article 52 is subject to the exclusion in article 72A (information society services).
.
12
In article 55, for “and 72 (overseas persons)”, substitute “, 72 (overseas persons) and 72A (information society services).”.
13
After article 58, insert —
Exclusion
Information society services
58A
Articles 56 to 58 are subject to the exclusion in article 72A (information society services).
.
14
For the cross-heading before article 60, substitute —
“Exclusions”.
15
After article 60, insert —
Information society services
60A
Article 59 is subject to the exclusion in article 72A (information society services).
.
16
After article 63, insert —
Information society services
63A
Article 61 is subject to the exclusion in article 72A (information society services).
.
17
For article 65, and the cross-heading before it, substitute —
Exclusions
Overseas persons etc
65
Article 64 is subject to the exclusions in articles 72 (overseas persons) and 72A (information society services).
.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2002


text:
Citation, commencment, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment( No. 3) (England) Regulations 2002 and shall come into force on 3rd June 2002.
2
In these Regulations “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
3
These regulations extend to England only.
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations (interpretation), in the definition of “ NHS sight test fee”, for the amount “£44.39” substitute “£46.16” and for the amount “£16.08” substitute “£16.72”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
13th May 2002


text:
Citation and commencement
1
These Regulations may be cited as the International Carriage of Dangerous Goods by Road (Fees) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
2
1
The International Carriage of Dangerous Goods by Road (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column (1) of the Table below for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(a) £66 £68 3(b) £66 £68 4(2) £33 £34 5(2) £66 £68 6 £6 £11 8(3) £2 £2.50
Signed by 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
6th March 2002
We consent to the making of these Regulations
Nick Ainger
Tony McNulty
Two of the Lord’s Commissioners of Her Majesty’s Treasury
8th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2002 and shall come into force on 8th April 2002.
Interpretation
2
In these Regulations “the 2000 Regulations ” means the Asylum Support Regulations 2000 .
Prescribed period under section 94(3) of the Immigration and Asylum Act 1999
3
For regulation 2(2) of the 2000 Regulations (interpretation) substitute:
2
The period prescribed under section 94(3) of the Act (day on which a claim for asylum is determined) for the purposes of Part VI of the Act is 28 days where paragraph (2A) applies, and 21 days in any other case.
2A
This paragraph applies where:
a
the Secretary of State notifies the claimant that his decision is to accept the asylum claim;
b
the Secretary of State notifies the claimant that his decision is to reject the asylum claim but at the same time notifies him that he is giving him limited leave to enter or remain in the United Kingdom; or
c
an appeal by the claimant against the Secretary of State’s decision has been disposed of by being allowed.
.
Kind and levels of support for essential living needs
4
1
For regulation 10(2) of the 2000 Regulations (kind and levels of support for essential living needs) there is substituted:
2
As a general rule, asylum support in respect of the essential living needs of that person may be expected to be provided weekly in the form of vouchers redeemable for cash whose total redemption value, for any week, equals the amount shown in the second column of the following Table opposite the entry in the first column which for the time being describes that person, or a cash payment of that amount.
TABLE
Qualifying couple £59.26 Lone parent aged 18 or over £37.77 Single person aged 25 or over £37.77 Single person aged at least 18 but under 25 £29.89
Person aged at least 16 but under 18
(except a member of a qualifying couple)
£32.50 Person aged under 16 £33.50.
2
Regulation 10(6) of the 2000 Regulations is hereby revoked.
3
At the end of regulation 11(1) of the 2000 Regulations, add “or a single cash payment of £50”.
Jeff Rooker
Minister of State
Home Office
2nd March 2002


text:
Citation and extent
1
1
This Order may be cited as the Homelessness Act 2002 (Commencement No. 1) (England) Order 2002.
2
This Order extends to England only.
Commencement
2
The following provisions of the Homelessness Act 2002 shall come into force on 31st July 2002 —
sections 1 to 7,
sections 9 and 10,
section 18(1) in so far as it relates to paragraphs 8 to 12, 14(b) to (d), 15, 16, 17(b) and 18 to 21 of Schedule 1,
section 18(2) in so far as it relates to repeals in Schedule 2 in —
the Housing Act 1996 other than the repeals of sections 161 to 165 and in section 174, and
the Immigration and Asylum Act 1999 ,
section 19.
3
Section 12 of the Homelessness Act 2002 shall come into force on 1st October 2002.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of StateOffice of the Deputy Prime Minister
11th July 2002


text:
This Order may be cited as the General Chiropractic Council (Election of Members and Chairman of Council) Rules Order 2002 and shall come into force on 28th March 2002.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Care Standards Act 2000 (Establishments and Agencies) (Miscellaneous Amendments) Regulations 2002 and shall come into force on 18th April 2002.
2
In these Regulations, “ the Act ” means the Care Standards Act 2000.
3
These Regulations extend to England only.
Amendment of the Care Homes Regulations 2001: information
2
1
The Care Homes Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 7 (fitness of registered provider) —
a
in paragraph (3)(c) —
i
in head (i), after the words “paragraphs 1 to 5” there shall be added the words “and 7”;
ii
heads (ii) and (iii) shall be omitted;
b
paragraph (4) shall be omitted.
3
In regulation 9 (fitness of registered manager) —
a
in paragraph (2)(c) —
i
in head (i), after the words “paragraphs 1 to 5” there shall be added the words “and 7”;
ii
heads (ii) and (iii) shall be omitted;
b
paragraph (3) shall be omitted.
4
In regulation 19 (fitness of workers) —
a
in paragraphs (1)(b) and (4)(b) —
i
in head (i), for the words “1 to 6” there shall be substituted the words “1 to 7”;
ii
heads (ii) and (iii) shall be omitted;
b
paragraph (7) shall be omitted.
5
In Schedule 2 (information and documents in respect of persons carrying on, managing or working at a care home) —
a
in paragraph 7, for the words “section 113(3A) or (3C) or 115(6A) or (6B) of that Act” there shall be substituted the words “sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.”;
b
paragraph 8 shall be omitted.
Further amendment of the Care Homes Regulations 2001
3
1
The Care Homes Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 23(2)(c), for the word “are” there shall be substituted the word “is”.
3
In regulation 43 (offences) —
a
in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs —
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.
;
b
in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs —
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
In Schedule 4 (other records to be kept in a care home), in paragraph 6, for the words “employed, including — ” there shall be substituted the word “employed — ”.
Amendment of the Children’s Homes Regulations 2001: information
4
1
The Children’s Homes Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 6 (fitness of registered provider) —
a
in paragraph (3)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;
b
paragraph (4) shall be omitted.
3
In regulation 8 (fitness of registered manager) —
a
in paragraph (2)(c) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;
b
paragraph (3) shall be omitted.
4
In regulation 26 (fitness of workers) —
a
in paragraph (3)(d) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;
b
paragraph (4) shall be omitted;
c
in paragraph (6)(b) for the words from “in relation to” until the end of the paragraph there shall be substituted the words “in relation to the matters specified in paragraphs 1 and 2 of Schedule 2.”.
5
In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at a children’s home) —
a
in paragraph 2, for the words “section 113(3A) or (3C) or 115(6A) or (6B) of that Act” there shall be substituted the words “sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.”;
b
paragraph 7 shall be omitted.
Further amendment of the Children’s Homes Regulations 2001
5
1
The Children’s Homes Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 17(5) (behaviour management, discipline and restraint) for the words “paragraphs (6) and (7)”, there shall be substituted the words “paragraph (6)”.
3
In regulation 41 (offences) —
a
in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs —
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.
;
b
in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs —
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.
.
Amendment of the Fostering Services Regulations 2002: information
6
1
The Fostering Services Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 5 (fitness of registered provider) —
a
in paragraph (3)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 1.”;
b
paragraph (4) shall be omitted.
3
In regulation 7 (fitness of registered manager) —
a
in paragraph (2)(c) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 1.”;
b
paragraph (3) shall be omitted.
4
In regulation 20 (fitness of workers) —
a
in paragraph (3)(d) for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 1.”;
b
paragraph (4) shall be omitted.
5
In Schedule 1 (information required in respect of persons seeking to carry on, manage or work for the purposes of a fostering service), paragraph 7 shall be omitted.
Further amendment of the Fostering Services Regulations 2002
7
1
The Fostering Services Regulations 2002 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), for the definition of “foster parent” there shall be substituted the following definition —
“foster parent” means a person with whom a child is placed, or may be placed under these Regulations, except that, in Parts IV and V of these Regulations it does not include a person with whom a child is placed under regulation 38(2);
.
3
In regulation 27(7)(d) (assessment of prospective foster parents), the words “or young person” shall be omitted.
4
In regulation 39 (placements outside England), paragraph (3) shall be omitted.
5
In regulation 44(2)(b) (financial position), for the words “certified by an accountant” there shall be substituted the words “if requested to do so,”.
6
In regulation 48 (offences) —
a
in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs —
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.
;
b
in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs —
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.
;
c
in paragraph (4), the words “or 32,” shall be omitted.
7
In regulation 50(5)(b) (transitional provisions), for the word “agency” there shall be substituted the word “provider”.
Amendment of the National Care Standards Commission (Registration) Regulations 2001: information
8
1
The National Care Standards Commission (Registration) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (information and documents to be provided by an applicant) —
a
in paragraph (2) —
i
in sub-paragraph (b), the words “paragraphs 1 to 3 and 5 to 9 of” shall be omitted;
ii
sub-paragraph (c) shall be omitted;
b
in paragraph (3) —
i
in sub-paragraph (b), for the words “paragraphs 9 to 11” there shall be substituted the words “Part II”;
ii
sub-paragraph (c) shall be omitted.
3
In Schedule 2 (documents to be supplied on an application for registration as a person who carries on an establishment or agency) —
a
in paragraph 4 —
i
in sub-paragraph (a), for the words “section 113(3A)(a) and (b) and (3C)(a) and (b) of that Act” there shall be substituted the words “section 113(3A)(a) and (b) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) of that Act;”;
ii
in sub-paragraph (b), for the words “section 115(6A)(a) and (b) and (6B)(a) and (b) of that Act” there shall be substituted the words “section 115(6A)(a) and (b) of that Act and the following provisions once they are in force, namely section 115(6B)(a) and (b) of that Act”;
b
in paragraph 10, for sub-paragraph (2) there shall be substituted the following sub-paragraph —
2
The following documents are specified —
a
where the position falls within section 115(3) or (4) of the Police Act 1997 (registration under Part II of the Care Standards Act 2000), an enhanced criminal record certificate issued under section 115 of that Act; or
b
in any other case, a criminal record certificate issued under section 113 of that Act,
including, where applicable, the matters specified in sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.
.
4
In Schedule 3 (information and documents to be supplied on an application for registration as the manager of an establishment or agency) —
a
paragraphs 8 and 11 shall be omitted;
b
the paragraph numbered “3” which follows paragraph 11 shall be re-numbered as paragraph 11A;
c
in paragraph 12, for the words “section 113(3A)(a) and (b) and (3C)(a) and (b) of that Act” there shall be substituted the words “section 113(3A)(a) and (b) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) of that Act;”;
d
in paragraph 13, for the words “section 115(6A)(a) and (b) and (6B)(a) and (b) of that Act” there shall be substituted the words “section 115(6A)(a) and (b) of that Act and the following provisions once they are in force, namely section 115(6B)(a) and (b) of that Act;”.
Further amendment of the National Care Standards Commission (Registration) Regulations 2001
9
1
The National Care Standards Commission (Registration) Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 8 (registers), the following paragraphs shall be added —
3
Subsections (1) and (2) of section 36 of the Act (provision of copies of registers) shall not apply to any part of the register relating to children’s homes which consists of the restricted part of the address of any children’s home.
4
For the purposes of paragraph (3), the restricted part of the address of a children’s home is the whole of the address except the name of the children’s home.
.
3
In regulation 11 (offence) —
a
in paragraph (2), for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
the Commission has served a notice on the person specifying —
i
details of the person’s failure to comply with that regulation, and
ii
the period, not exceeding one month, within which the person may make representations to the Commission about the notice, and
;
b
the words from “and” at the end of paragraph (2)(b) until the end of the regulation shall be omitted.
4
In Schedule 1 (information to be supplied on an application for registration as a person who carries on an establishment or agency) —
a
in paragraph 1, sub-paragraph (g) shall be omitted;
b
in paragraph 2(b), for “1(b) to (h)” there shall be substituted “1(b) to (f)”;
c
in paragraph 17(f), after the words “a statement by” there shall be inserted the word “the”.
Amendment of the Private and Voluntary Health Care (England) Regulations 2001: information
10
1
The Private and Voluntary Health Care (England) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 10 (fitness of registered provider) —
a
in paragraph (3)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;
b
paragraph (4) shall be omitted.
3
In regulation 12 (fitness of registered manager) —
a
in paragraph (2)(c), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;
b
paragraph (3) shall be omitted.
4
In regulation 19 (fitness of workers) —
a
in paragraph (2)(d), for the words from “in relation to him” until the end of the paragraph there shall be substituted the words “in relation to him in respect of each of the matters specified in Schedule 2.”;
b
paragraph (3) shall be omitted.
5
In Schedule 2 (information required in respect of persons seeking to carry on, manage or work at an establishment or agency) —
a
in paragraph 2, for the words “section 113(3A) or (3C) or 115(6A) or (6B) of that Act” there shall be substituted the words “sections 113(3A) and 115(6A) of that Act and the following provisions once they are in force, namely section 113(3C)(a) and (b) and section 115(6B)(a) and (b) of that Act.”;
b
paragraph 8 shall be omitted.
Further amendment of the Private and Voluntary Health Care (England) Regulations 2001
11
1
The Private and Voluntary Health Care (England) Regulations 2001 shall be further amended in accordance with the following provisions of this regulation.
2
In regulation 51 (offences) —
a
in paragraph (1), for the words “17 to 32” there shall be substituted the words “17 to 30”;
b
in paragraph (2), for sub-paragraphs (c) and (d), there shall be substituted the following sub-paragraphs —
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.
;
c
in paragraph (3), from the beginning of sub-paragraph (b) to the end of the paragraph there shall be substituted the following sub-paragraphs —
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.
.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
27th March 2002


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Commencement of Mortgage Regulation) (Amendment) Order 2002, and comes into force on 30th August 2002.
Amendment of commencement of provisions relating to regulated mortgage contracts in S.I. 2001/544
2
1
Article 2 of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 (commencement) is amended as follows.
2
In paragraph (2)(b), for “nine months after section 19 of the Act comes into force” substitute “on such a day as the Treasury may specify”.
3
After paragraph (2) insert —
3
Any day specified under paragraph (2)(b) must be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
.
Amendment of commencement of article relating to regulated mortgage contracts in S.I. 2001/1227
3
1
Article 1 of the Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 (citation and commencement) is amended as follows.
2
In paragraph (3)(b) , for “nine months after the day on which section 19 of the Act comes into force” substitute “on such a day as the Treasury may specify”.
3
After paragraph (3) insert —
4
Any day specified under paragraph (3)(b) must be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
.
Amendment of commencement of provisions relating to regulated mortgage contracts in S.I. 2001/1335
4
1
Article 1 of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (citation and commencement) is amended as follows.
2
In paragraph (3)(b), for “nine months after section 19 of the Act comes into force” substitute “on such a day as the Treasury may specify”.
3
After paragraph (3) insert —
4
Any day specified under paragraph (3)(b) must be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
.
Amendment of commencement of article relating to regulated mortgage contracts in S.I. 2001/3544
5
1
Article 1 of the Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2001 (citation and commencement) is amended as follows.
2
The existing text is renumbered as paragraph (1).
3
In paragraph (1)(b), for “on 1st September 2002” substitute “on such a day as the Treasury may specify”.
4
After paragraph (1) insert —
2
Any day specified under paragraph (1)(b) must be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
.
Amendment of commencement of provisions relating to regulated mortgage contracts in S.I. 2001/3645
6
1
Article 1 of the Financial Services and Markets Act 2000 (Misleading Statements and Practices) Order 2001 (citation and commencement) is amended as follows.
2
In paragraph (2)(b), for “on 1st September 2002” substitute “on such a day as the Treasury may specify”.
3
After paragraph (2) insert —
3
Any day specified under paragraph (2)(b) must be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
.
Amendment of commencement of article relating to regulated mortgage contracts in S.I. 2001/3650
7
1
Article 1 of the Financial Services and Markets Act 2000 (Miscellaneous Provisions) Order 2001 (citation and commencement) is amended as follows.
2
The existing text is renumbered as paragraph (1).
3
In paragraph (1)(b), for “on 1st September 2002” substitute “on such a day as the Treasury may specify”.
4
After paragraph (1) insert —
2
Any day specified under paragraph (1)(b) must be caused to be notified in the London, Edinburgh and Belfast Gazettes published not later than one week before that day.
.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2002