text:
Citation and commencement
1
1
This Order may be cited as the Borough of Great Yarmouth (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“borough” means the borough of Great Yarmouth;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Great Yarmouth (Electoral Changes) Order 2002” of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Great Yarmouth Borough Council.
Wards of the borough of Great Yarmouth
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Great Yarmouth
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Bradwell
5
1
The existing wards of the parish of Bradwell shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Bradwell North and Bradwell South; and the parish ward of Bradwell North shall comprise the area of the district ward bearing the same name, and the parish ward of Bradwell South shall consist of the rest of the parish.
3
The number of councillors to be elected for the parish ward of Bradwell South shall be six, and for the parish ward of Bradwell North shall be nine.
Wards of the parish of Caister-on-Sea
6
1
The existing wards of the parish of Caister-on-Sea shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of Hopton-on-Sea
7
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in column (3) of that Schedule.
Numbers of parish councillors
8
The number of parish councillors to be elected for the parish ward of Scratby shall be five, and for the parish of Ormesby shall be ten.
Parish Elections
9
1
The term of office of every parish councillor elected on the ordinary day of election of parish councillors in 2002 for the parishes of Bradwell and Hopton-on-Sea shall be two years.
2
The ordinary elections of parish councillors in 2003 for the parishes of Caister-on-Sea and Ormesby St Margaret with Scratby shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
3
Elections of all parish councillors for the parishes of Bradwell, Hemsby, Hopton-on-Sea, Martham, Ormesby St Margaret with Scratby, Somerton and Winterton-on-Sea shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
4
Elections of all parish councillors for the parish of Caister-on-Sea shall be held simultaneously on the ordinary day of election of councillors in 2004, 2007 and every fourth year after 2007.
5
The term of office of all parish councillors elected in accordance with paragraph (3) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
6
In the case of those parish councillors elected in accordance with paragraph (4) above, the term of office for those elected in 2004 shall be three years, and the term of office for those elected in 2007 and every fourth year after 2007 shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 10th May 2004 in the parishes of Caister-on-Sea and Ormesby St Margaret with Scratby as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 10th May 2004.
Maps
10
Great Yarmouth Borough Council shall make a print of the map marked “Map referred to in the Borough of Great Yarmouth (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
11
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
12
The Borough of Great Yarmouth (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(9).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th December 2002
Glyn Mathias
Commissioner
12th December 2002
Neil McIntosh
Commissioner
12th December 2002
Karamjit Singh
Commissioner
18th December 2002
Sam Younger
Commissioner
12th December 2002
Graham Zellick
Commissioner
12th December 2002


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A449 Trunk Road (A5 Gailey Roundabout to the A34 Queensway, Stafford) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/426 consisting of sheet 1 and marked “The A449 Trunk Road (A5 Gailey Roundabout to the A34 Queensway, Stafford) (Detrunking) Order 2002.” signed by authority of the Secretary of State for, Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA.
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A449 Trunk Road.
3
The length of the trunk road route described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director Highways Agency
26th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wednesbury and West Bromwich Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Wednesbury and West Bromwich Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 20th March 2002 a Primary Care Trust to be called the Wednesbury and West Bromwich Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 6 officer members and 6 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
3 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Sandwell Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Sandwell Healthcare National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
Citation and Interpretation
1
1
This Order may be cited as the Education Act 2002 (Commencement No. 2 and Savings and Transitional Provisions) Order 2002.
2
In this Order —
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002.
Provisions coming into force
2
The following provisions of the 2002 Act shall come into force on 1st October 2002 —
sections 76 and 77;
section 78 so far as it is not already in force;
sections 79 to 96;
section 119;
section 120(1), and (3) to (5);
section 121;
section 130 to the extent that it repeals section 1 of, and the Schedule to, the School Teachers' Pay and Conditions Act 1991 ;
section 189 to the extent that it relates to the paragraphs of Schedule 17 specified below;
section 215 to the extent that it relates to the provisions of Schedule 21 and Schedule 22 specified below;
Schedule 11;
in Schedule 17, paragraphs 1 to 4 and 9;
in Schedule 21, paragraphs 14 and 18;
in Schedule 22 —
section 1 of, and the Schedule to, the School Teachers' Pay and Conditions Act 1991,
sections 26(9) and 48 of the Further and Higher Education Act 1992,
in the Education Act 1997 —
in section 23, in subsection (2), paragraph (f) and the word “and” immediately preceding it, and subsections (3) and (4),
in section 26(3), the words “or approve” and the words “and subject to such conditions”,
paragraphs 25, 44 and 214(a) of Schedule 30 to the School Standards and Framework Act 1998.
3
The following provisions of the 2002 Act shall come into force except in relation to Wales on 1st October 2002 —
section 1 except for the words “(b) a maintained nursery school” in the list of qualifying schools in section 1(3);
sections 2 to 5;
sections 14 to 17;
section 19(6);
section 30;
section 37;
the definition of “budget share” in section 39(1);
section 39(2);
section 41(1) and (3);
section 42;
sections 47 to 49;
section 51 to the extent that it relates to the paragraphs of Schedule 4 specified below,
sections 62 to 64;
section 131;
section 148 to the extent that it relates to the paragraphs of Schedule 12 specified below;
sections 149 to 150;
section 151(1);
section 152 to the extent that it relates to the paragraphs of Schedule 13 specified below;
section 155 to the extent that it relates to the paragraphs of Schedule 14 specified below;
section 156;
section 177;
section 178(1) and (2);
sections 179 and 180;
section 187;
section 188 to the extent that it relates to the paragraphs of Schedule 16 specified below;
section 205;
section 206;
section 215 to the extent that it relates to the paragraphs of Schedule 21 and Schedule 22 specified below;
Schedule 1 so far as it is not already in force;
in Schedule 4, paragraphs 1, 3, 5 to 7, 10, 11, 13 and 14;
in Schedule 12, paragraphs 1, 2, 4(1) and (3), 6, 9, 11 and 12(1) and (2);
in Schedule 13, paragraphs 1 to 3, 6, 7(1) and (3) and 8;
in Schedule 14, paragraphs 5, 6 and 7;
Schedule 15 except for the words “(b) a nursery school” in paragraph 2(2);
in Schedule 16, paragraphs 7 to 9;
Schedule 20;
in Schedule 21 —
paragraphs 8, 11, 13, 16, 19, 20, 21, 31, 32, 33, and 39(5);
paragraph 45 for the purpose of the substitution of paragraph (aa), save for sub-paragraph (ii), for paragraph (a),
paragraph 46 (1) to (3);
paragraph 46 (4) for the purposes of inserting sub-section (4) save for the words “and, (b) sections 97 to 117 (the curriculum in Wales)”;
paragraph 46(5) for the purposes of inserting the new text save for the words “or 7”; paragraph 47 (1), (2) and (4);
paragraph 48 for the purpose of substituting the new text save for the words “or 109” and “or National Curriculum for Wales” in sub-paragraph (2), and the words “or 109” in sub-paragraph (3);
paragraph 51;
paragraph 57(b) and (c);
paragraph 63(b);
paragraph 66 for the purpose of substituting the new text save for the words “or 101(1)(a)”;
paragraphs 68 and 69;
paragraph 85(a);
paragraph 91;
pararaph 100(1) and (2);
paragraph 104 for the purpose of substituting the new text save for the words “or 101(1)(a)” in sub-paragraphs (2) and (3);
paragraph 105 for the purpose of substituting the new text save for the words “or 101(1)(a)”,
paragraph 108;
paragraph 111;
paragraph 113 (c), (d), and (g);
paragraph 117 for the purpose of substituting the new text save for the words “or 101(1)(a)” in sub-paragraphs (2) and (3);
paragraph 118(6);
paragraph 124;
in Schedule 22, Part 3 the repeal of —
section 40 of the Local Government (Miscellaneous Provisions) Act 1982;
section 49 of the Education Act (No. 2) 1986;
in the Children Act 1989,
in section 19, subsections (1) and (2) and in subsection (4) the words “the two authorities, or, in Scotland,”;
in section 79M(1), the word “or” at the end of paragraph (a);
in the Further and Higher Education Act 1992, section 23(4)(b) and the word “and” immediately preceding it, sections 39 to 42 and section 60;
in the Education Act 1996 —
in section 2(3)(a) the words “(including vocational, social, physical and recreational training)”;
in section 4(1) the words “part-time education suitable to the requirements of junior pupils or”;
in section 5(1) the words “part-time education suitable to the requirements of junior pupils or”;
section 350 to 369;
section 408(4)(a);
in section 409(1) the words “with the approval of the Secretary of State and”;
section 410;
section 483(3A);
section 483A(7);
section 497A(3);
in section 548(8) paragraph (c);
in section 568, in subsection (3) the words from “section 354(6)” to “401”, and subsection (4);
in Schedule 37, paragraph 55;
in the School Inspections Act 1996 —
in section 3(3), the word “and” at the end of paragraph (a);
in section 6(3), the word “and” at the end of paragraph (a);
in section 16(3), the word “and” preceding paragraph (d);
in the Education Act 1997, in Schedule 7, paragraphs 9(3), 27(a) and 28(b);
in the School Standards and Framework Act 1998 —
sections 10(3) and (7);
in section 11, in subsection (2) the words from “and” to the end, and subsection (3);
section 36(2);
section 42;
section 46;
section 57;
in section 84(6), the definition of “the relevant standard number”;
section 86(3) (b) and (6);
section 91;
section 93;
in section 119(5), the word “and” at the end of paragraph (a);
in section 120(2)(a), the words “of proposals” and “and”;
in section 121, in subsection (1), the words “the authority’s statement of proposals” and in subsection (9) the words “early years development”;
in section 138 —
in subsection (2)(b), the words “paragraph 3(5) or 4 of Schedule 10”;
in subsection (4)(b) the words “paragraph 4 or 8 of Schedule 23 or”, and
in subsection (5)(b)(ii) the word “46”;
in subsection 143, the entries relating to local schools budget and relevant standard number;
in Schedule 4, paragraph 5(4)(e);
Schedule 10;
Schedule 23;
in Schedule 26, paragraphs 8(9), and 15;
in Schedule 28, paragraph 4(1);
in Schedule 30, paragraphs 14, 85 to 90, 194(3)(a)(ii) and 204(b);
in the Learning and Skills Act 2000 —
section 148(2);
in Schedule 9, paragraphs 26, 30 and 35.
4
The Schedule to this Order shall have effect for the purposes of making transitional provision and savings in relation to the provisions to which it refers.


text:
Citation and commencement
1
1
This Order may be cited as the District of Penwith (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on the day after that on which it is made;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“district” means the district of Penwith;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Penwith (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Penwith District Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Penwith
3
1
The existing wards of the district of Penwith shall be abolished.
2
The district shall be divided into eighteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes; or where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Penwith
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Hayle
5
1
The existing wards of the parish of Hayle shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that schedule.
Wards of the parish of Penzance
6
1
The existing wards of the parish of Penzance shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Central, East, Gulval, Heamoor, Promenade and South; and the wards shall comprise the areas designated on sheet (5) by reference to the name of the ward and demarcated by orange lines.
3
The number of parish councillors to be elected for the parish ward of Gulval shall be one, for each of the parish wards of Central, Heamoor and Promenade shall be three, and for each of the parish wards of East and South shall be five.
Wards of the parish of Perranuthnoe
7
The parish of Perranuthnoe shall be divided into two parish wards, which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of parish councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of St Ives
8
1
The existing wards of the parish of St Ives shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Lelant and Carbis Bay, St Ives North and St Ives South; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of parish councillors to be elected for each of the parish wards of Lelant and Carbis Bay, and St Ives North shall be five, and for the parish ward of St Ives South shall be six.
Parish Elections
9
1
The term of office of all parish councillors elected on the ordinary day of election of councillors in 2002 in the parish of Perranuthnoe shall be two years.
2
Elections of all parish councillors for the parish of Perranuthnoe shall be held simultaneously on the ordinary day of election of councillors in 2004, 2007, and every fourth year after 2007.
3
The ordinary elections of parish councillors in the parishes of Hayle, Penzance, and St Ives in 2003 shall not take place; and any parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
4
Elections of all parish councillors for the parishes of Hayle, Penzance and St Ives shall be held simultaneously on the ordinary day of election of councillors in 2004, 2007, and every fourth year after 2007.
5
The ordinary elections of parish councillors in the parishes of Ludgvan and Towednack in 2007 shall not take place; and any such parish councillor holding office immediately before 7th May 2007 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of elections of parish councillors in 2008.
6
Elections of all parish councillors in the parishes of Ludgvan and Towednack shall be held simultaneously on the ordinary day of election of councillors in 2008 and every fourth year after 2008.
7
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 8th May 2004 in the office of a parish councillor for the parishes of Hayle, Penzance and St Ives as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 8th May 2004; and in the case of a casual vacancy occurring before 6th May 2008 in the office of a parish councillor for the parishes of Ludgvan and Towednack as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 6th May 2008.
Maps
10
Penwith district council shall make a print of the map marked “Map referred to in the District of Penwith (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
11
The Electoral Registration Officer for the district of Penwith shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of this Order.
Revocation
12
The District of Penwith (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9 (8).
Signed by the members of the Electoral Commission:
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Teacher Student Loans) (Repayment etc.) Regulations 2002 and shall come into force on 1st September 2002.
2
These Regulations shall apply to England and Wales.
Interpretation
2
1
In these Regulations:
“ 1990 Act ” means the Education (Student Loans) Act 1990 ;
“ 1998 Act ” means the Teaching and Higher Education Act 1998 ;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“eligible employment” has the meaning given by regulation 4;
“eligible teacher” means a person whom the Secretary of State has determined is eligible for repayment or reduction of amounts in respect of loans in accordance with these Regulations;
“employment” means employment under a contract of service and related words shall be construed accordingly;
“employment commencement date” means the date that an eligible teacher commences eligible employment for the first time or 1st September 2002 whichever is the later;
“ European Economic Area ” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway, the Principality of Liechtenstein and the Swiss Confederation;
“FE teaching qualification” means a qualification a teacher is required to hold under the Further Education Teachers' Qualifications (England) Regulations 2001 or the Further Education Teachers' Qualifications (Wales) Regulations 2002 ;
“FE teaching qualification course” has the same meaning as “relevant course” in regulation 4 of the Further Education Teachers' Qualifications (England) Regulations 2001 and the Further Education Teachers' Qualifications (Wales) Regulations 2002;
“full-time” employment is full-time if the contract of employment so provides;
“further education” has the meaning given by section 2 of the Education Act 1996;
“income contingent loan” has the meaning given by regulation 7;
“institution within the further education sector” has the same meaning as in section 91 of the Further and Higher Education Act 1992;
“institution within the higher education sector” has the same meaning as in section 91 of the Further and Higher Education Act 1992;
“management position” means —
in relation to a teacher at a school, the position of head teacher, deputy head teacher or assistant head teacher; and
in relation to a teacher at any other relevant institution, an equivalent position;
“mortgage style loan” has the meaning given by regulation 7;
“non-maintained special school” means a special school which is not maintained by a local education authority;
“outstanding” means outstanding on the employment commencement date;
“parental responsibility” has the same meaning as in section 3 of the Children Act 1989 ;
“part-time” employment is part-time if the contract of employment requires the employee to work for less than the whole of the working week;
“primary school” has the same meaning as in section 5 of the Education Act 1996;
“primary specialist” means a teacher at a primary school who is employed to teach one or more shortage subjects to classes or groups other than his own;
“relevant institution” means an institution mentioned in regulation 4(1)(a);
“school” means a school maintained by a local education authority, a non-maintained special school or a school established and maintained under an agreement pursuant to section 482 of the Education Act 1996 ;
“school maintained by a local education authority” means a community school, foundation school, voluntary school, community special school, foundation special school or pupil referral unit;
“shortage subjects” means mathematics, science, design and technology, information and communications technology, any modern language, Welsh, English (including drama), engineering and construction;
“specialist college” means an educational institution which provides further education for persons with learning difficulties and/or disabilities and is in receipt of funding from the Learning and Skills Council for England ; or the National Council for Education and Training for Wales ;
“special school” has the meaning given by section 337 of the Education Act 1996 ; and
“student loan” has the meaning given by regulation 7.
2
For the purposes of these Regulations an area which —
a
was previously not part of the European Community or the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of one or other or both of those areas
shall be considered to have always been part of the European Economic Area.
3
For the purposes of these Regulations any reference to an “employer” in relation to a teacher working at a community, community special or voluntary controlled school shall mean a reference to the governing body of that school.
Eligibility
3
1
Subject to paragraph (3), a person shall be eligible for the reduction of amounts payable in respect of loans if he —
a
is in eligible employment;
b
is a person mentioned in regulation 5; and
c
has an outstanding loan made pursuant to any regulations made under section 22 of the 1998 Act.
2
Subject to paragraph (3), a person shall be eligible for the repayment of amounts payable in respect of loans if he —
a
is in eligible employment;
b
is a person mentioned in regulation 5; and
c
has either:
i
an outstanding mortgage style loan;
ii
an outstanding loan made pursuant to any regulations made under section 73 of the Education (Scotland) Act 1980 ; or
iii
an outstanding loan made pursuant to the Education (Student Support) (Northern Ireland) Order 1998 .
3
Notwithstanding paragraphs (1) and (2), the Secretary of State may determine that a person is not eligible if he —
a
is in breach of any obligation contained in any agreement for a student loan or in any regulations or orders under which a loan mentioned in paragraph (2) is made;
b
has outstanding charges or penalties in relation to such a loan pursuant to any such agreement, regulation or order; or
c
has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to be so eligible.
Eligible employment
4
1
A person is in eligible employment if he —
a
is employed to work as a teacher at —
i
a school,
ii
an institution within the further education sector,
iii
an institution within the higher education sector, or
iv
a specialist college,
in England or Wales;
b
is employed under a permanent contract or a fixed-term contract of employment for a period of at least 8 continuous weeks with a relevant institution or a local education authority;
c
subject to paragraphs (2) and (3), is employed under a contract of employment which commenced on or after 1st July 2002 and before 1st July 2005;
d
in relation to employment as a teacher at a primary school, is employed for at least half his teaching time as a primary specialist;
e
in relation to employment other than at a primary school, is employed for at least half his teaching time to teach one or more shortage subjects; and
f
in relation to employment at an institution other than a school, is employed for at least half his teaching time to teach further education.
2
Subject to paragraph (3) and regulation 6, a person shall cease to be in eligible employment where he changes employer.
3
A person remains in eligible employment where —
a
he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraph (1) (c) ;
b
he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraphs (1)(c), (d), (e) and (f) and he works in a management position;
c
he ceases to teach a shortage subject for a period of not more than 12 months in any continuous period of 24 months and continues to teach at the same relevant institution, and his employer certifies that this cessation is in the interests of the relevant institution; or
d
a specialist college ceases to be funded by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
4
Paragraph (1) (c) shall not apply to any further eligible employment an eligible teacher obtains in addition to his existing eligible employment.
5
A person does not remain in eligible employment for the purposes of paragraph (3)(a) and (b) if there is a break of more than 7 days between employments.
Newly qualified teacher
5
1
Subject to paragraph (4), a person mentioned in regulation 3(1)(b) and (2)(b) in relation to eligible employment at a school, is a person who has qualified as a teacher on or after 1st February 2002 and not more than 7 months before the employment commencement date.
2
For the purposes of paragraph (1) a person qualifies as a teacher —
a
subject to subparagraph (c), when he has received written notification from the Secretary of State that he is a qualified teacher pursuant to paragraph 1 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ;
b
subject to subparagraph (c), when he has received written notification from the National Assembly for Wales that he is a qualified teacher pursuant to paragraph 1 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (Wales) Regulations 1999 ; or
c
in relation to a person mentioned in paragraphs 3 to 6 of either of these Schedules, when he —
i
has successfully completed a course of initial teacher training for teachers in schools at an educational institution in Scotland or Northern Ireland; or
ii
has successfully completed a diploma which shows that he has the professional qualifications required for taking up teaching within the meaning of Council Directive 89/48/ EEC .
3
Subject to paragraph (4), a person mentioned in regulations 3(1)(b) and (2)(b) in relation to eligible employment other than at a school, is a person who —
a
has been awarded an FE teaching qualification on or after 1st February 2002 and not more than 7 months before the employment commencement date; or
b
is attending an FE teaching qualification course in order to obtain an FE teaching qualification; and
has not at any time before the commencement of his eligible employment been employed as a teacher —
i
at a relevant institution; or
ii
at a school or institution in the European Economic Area providing education which is equivalent to primary, secondary or further education and which is part of the public system of education of the state or territory in question.
4
Where a woman has given birth to a child during the 7 month period after she qualifies as a teacher for the purposes of paragraphs (1) and (3)(a) then references to 7 months in paragraphs (1) and (3) shall be read as references to 19 months.
Allowable breaks from eligible employment
6
1
Notwithstanding regulations 4 (1) (c) and 5, a person who has ceased to be an eligible teacher shall become eligible where —
a
he recommences eligible employment;
b
he ceased to be in eligible employment for any reason other than that mentioned in paragraph (2)(b);
c
the period during which he was not an eligible teacher for that reason does not exceed 12 months in relation to any single break from eligible employment; and
d
the period during which he was not an eligible teacher for that reason does not exceed 36 months in total.
2
Notwithstanding regulations 4 (1) (c) and 5, a person who has ceased to be an eligible teacher shall become eligible where —
a
he recommences eligible employment;
b
he ceased to be in eligible employment for the purpose of caring for any child for whom he has parental responsibility and with whom he has his home; and
c
the period during which he was not an eligible teacher for this purpose does not exceed 60 months in total.
3
For the purposes of this regulation a person may cease eligible employment more than once.
Definition of loans
7
1
A student loan is a mortgage style loan or an income contingent loan.
2
A mortgage style loan is a loan towards a student’s maintenance, including the interest accrued on the loan, made pursuant to arrangements made under —
a
section 1 of the 1990 Act, or
b
the Education (Student Loans) (Northern Ireland) Order 1990 .
3
An income-contingent loan is a loan towards a student’s maintenance, including the interest accrued on the loan, made pursuant to any regulations made under —
a
section 22 of the 1998 Act,
b
section 73 of the Education (Scotland) Act 1980, or
c
the Education (Student Support) (Northern Ireland) Order 1998.
Application
8
1
A person shall apply for repayment or reduction under these Regulations by completing an application in such form as the Secretary of State may require.
2
Where a person returns to eligible employment following a break under regulation 6 he shall apply for repayment or reduction under these Regulations by completing an application in such form as the Secretary of State may require.
3
An applicant shall submit an application under this Regulation to the Secretary of State not later than a date specified by the Secretary of State.
4
The Secretary of State may take such steps and make such inquiries as she considers necessary to determine whether a person is eligible.
5
If the Secretary of State considers that an applicant is eligible for repayment or reduction under these Regulations she shall notify him of that fact, and thenceforth the applicant shall be an “eligible teacher” for the purposes of these Regulations.
6
Without prejudice to the generality of paragraph (4), for the purpose of demonstrating his eligibility an eligible teacher shall complete and submit to the Secretary of State an application in such form as she may require not later than a date specified by the Secretary of State.
7
Where the Secretary of State considers that having regard to the circumstances of the particular case a time limit should be relaxed, any application under this regulation must reach her not later than such date as she specifies.
8
Any application under this regulation shall include a declaration signed by the applicant that:
a
the particulars given in the application are correct to the best of his knowledge and belief; and
b
he will notify the Secretary of State of any change in his employment or personal details.
Information
9
1
Every applicant and every eligible teacher shall forthwith inform the Secretary of State if any of the following occurs, and provide her with particulars —
a
he ceases to be in eligible employment;
b
he changes eligible employment;
c
he enters into a new contract with his existing employer;
d
he recommences eligible employment pursuant to regulation 6;
e
he changes from part-time to full-time employment or from full-time employment to part-time employment;
f
in relation to a part-time eligible teacher, he changes the proportion of the working week he is employed to work; and
g
his address changes.
2
Every applicant and every eligible teacher shall as soon as reasonably practicable after he is requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of her functions under these Regulations.
3
If the Secretary of State is satisfied that an eligible teacher has failed to comply with any requirement to provide information or has provided information which the eligible teacher knows to be false in a material particular or has recklessly provided information which is false in a material particular she may determine that the eligible teacher shall —
a
no longer be eligible under these Regulations, or
b
not be eligible for any particular repayment or reduction or particular amount of repayment or reduction as she considers appropriate in the circumstances.
Provision of information by employers and the General Teaching Councils
10
1
After receiving any application made under regulation 8, the employer of the applicant shall provide such further information as the Secretary of State may require and return the application to the applicant.
2
An employer of an applicant or eligible teacher shall as soon as reasonably practicable after he is requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of her functions under these Regulations.
3
In providing information under this regulation the employer shall sign a declaration that the particulars given in the application by the applicant are correct to the best of the employer’s knowledge and belief.
4
The General Teaching Council for England and the General Teaching Council for Wales shall as soon as practicable after they are requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of her functions under these Regulations.
Repayment and reduction
11
1
The Secretary of State shall reduce the relevant amount of an eligible teacher who is eligible under regulation 3(1) in accordance with regulations 12 and 13.
2
The Secretary of State shall repay the relevant amount of an eligible teacher who is eligible under regulation 3(2) in accordance with regulations 12 and 13.
3
Subject to paragraph (4), in relation to any student loans, the relevant amount is —
a
the total amount payable in respect of any loans outstanding at the employment commencement date; and
b
any interest accrued on those loans during any period of eligible employment during the relevant term,
and shall not include any arrears, charges or penalties incurred in respect of those loans.
4
Where a person —
a
recommences eligible employment following a break under regulation 6; and
b
has made repayments in relation to any loan during that break,
the relevant amount is the total amount payable in respect of any loans mentioned in paragraph (3) still outstanding at the date he recommences eligible employment and any interest accrued during any period of eligible employment from that date during the relevant term.
12
1
The relevant term in relation to a mortgage style loan is —
a
5 years after the employment commencement date where the eligible teacher has less than 5 loans when his first repayment is due;
b
7 years after the employment commencement date where the eligible teacher has 5 or more loans when his first repayment is due,
less any period when the eligible teacher was not in eligible employment in relation to which repayments have been made pursuant to the arrangements made under section 1 of the 1990 Act or the Education (Student Loans) (Northern Ireland) Order 1990.
2
The relevant term in relation to an income contingent loan is 10 years after the employment commencement date.
3
A person shall cease to be eligible for a reduction or repayment after the completion of the relevant term.
13
1
Subject to this regulation, the relevant amount shall be reduced or repaid during the relevant term so that it is extinguished or wholly repaid by the completion of the relevant term.
2
Where an eligible teacher is in part-time employment the relevant amount shall only be reduced or repaid in accordance with the proportion of working week the teacher is employed to work.
3
No reduction or repayment shall be made in respect of any period during the relevant term when a person ceases to be eligible under these Regulations.
4
The total amount reduced or repaid shall not exceed the lesser of the following —
a
the total amount payable in respect of any student loans outstanding at the employment commencement date and any interest accrued on those loans during any period of eligible employment during the relevant term; or
b
where any student loans have been repaid, cancelled or reduced other than by these Regulations, the total amount payable in respect of any loans outstanding following such repayment, cancellation or reduction.
5
Repayments and reductions shall be made in such manner as the Secretary of State considers appropriate, and she may make it a condition of entitlement to repayment that the eligible teacher shall provide her with particulars of a bank or building society account in the United Kingdom into which repayments may be made by electronic transfer.
Reimbursement
14
1
Where in the opinion of the Secretary of State any information or assumption on the basis of which a reduction or repayment has been made under these Regulations is incorrect —
a
the person to whom a repayment was made shall at the request of the Secretary of State reimburse such sum as the Secretary of State may request; or
b
the Secretary of State shall increase the amount outstanding in respect of a student loan by such sum as she may specify.
2
The total sum that the Secretary of State may request or specify shall not exceed the total amount repaid or reduced and any interest accrued on those amounts since the repayment or reduction was made.
David Miliband
Minister of State,
Department for Education and Skills
6th August 2002


text:
Citation, commencement, operation, extent, revocation and amendment
1
1
This Order may be cited as the Al-Qa'ida and Taliban (United Nations Measures) Order 2002 and shall come into force on 25th January 2002.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling, extending, or suspending the operation of the resolutions adopted by it on 15th October 1999, 19th December 2000 or 16th January 2002, in whole or in part, this Order shall cease to have effect or its operation shall be extended or suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published by the Secretary of State in a notice in the London, Edinburgh and Belfast Gazettes.
3
This Order shall extend to the United Kingdom.
4
Articles 6, 7 and 8 shall apply to any person within the United Kingdom and to any person elsewhere who —
a
is a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person; or
b
is a body incorporated or constituted under the law of any part of the United Kingdom.
5
The Afghanistan (United Nations Sanctions) Order 2001 and the Afghanistan (United Nations Sanctions) (Amendment) Order 2001 are hereby revoked.
6
The Terrorism (United Nations Measures Order 2001 is amended by replacing in article 2 the words, ““funds” means financial assets and economic benefits of any kind” with the words, ““funds” means financial assets, economic benefits and economic resources of any kind”.
Interpretation
2
1
In this Order the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director or other officer of a body corporate is a reference to a partner;
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any vessel, submersible vehicle or aircraft, includes the taking out of the United Kingdom of the vessel, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“funds” means financial assets, economic benefits and economic resources of any kind, including (but not limited to) gold coin, gold bullion, cash, cheques, claims on money, drafts, money orders and other payment instruments; deposits with financial institutions or other entities, balances on accounts, debts and debt obligations; securities and debt instruments (including stocks and shares, certificates representing securities, bonds, notes, warrants, debentures, debenture stock and derivatives contracts); interest, dividends or other income on or value accruing from or generated by assets; credit, rights of set-off, guarantees, performance bonds or other financial commitments, letters of credit, bills of lading, bills of sale; documents evidencing an interest in funds or financial resources, and any other instrument of financing;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft, or the vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“listed person” means —
Usama bin Laden;
any person designated by the Sanctions Committee in the list maintained by that Committee in accordance with resolution 1390 adopted by the Security Council on 16th January 2002 as:
a member of the Al-Qa'ida organisation;
a member of the Taliban;
an individual group, undertaking or entity associated with the persons covered by (a), (b)(i), or (b)(ii) above;
“relevant institution” means —
a person who has permission under Part IV of the Financial Services and Markets Act 2000 ;
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to the Financial Services and Markets Act 2000 which has permission under paragraph 15 of that Schedule as a result of qualifying for authorisation under paragraph 12 of that Schedule to accept deposits.
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 ;
“the Sanctions Committee” means the Committee of the Security Council of the United Nations established by paragraph 6 of Resolution 1267 adopted on 15th October 1999;
“ship” has the meaning it bears in section 313 of the Merchant Shipping Act 1995 ;
“shipment” (and cognate expressions) and “stores” shall have the meanings they bear in the Customs and Excise Management Act 1979 ;
“the Taliban” means the Afghan political faction known as the Taliban;
“vehicle” means land transport vehicle.
2
The definition of “relevant institution” in paragraph (1) shall be read with —
a
section 22 of the Financial Services and Markets Act;
b
any relevant order under that section; and
c
Schedule 2 to that Act.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3
1
Any person who —
a
supplies or delivers,
b
agrees to supply or deliver, or
c
does any act calculated to promote the supply or delivery of,
restricted goods from the United Kingdom to a listed person shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a listed person.
2
Any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constitued under the law of any part of the United Kingdom who in any place outside the United Kingdom —
a
supplies or delivers,
b
agrees to supply or deliver, or
c
does any act calculated to promote the supply or delivery of,
restricted goods to a listed person shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a listed person.
Exportation of restricted goods to listed persons
4
Restricted goods are prohibited to be exported from the United Kingdom to any listed person.
Provision of certain technical assistance or training
5
1
Any person who directly or indirectly provides to a listed person any technical assistance or training related to —
a
the supply, delivery, manufacture, maintenance or use of any restricted goods, or
b
military activities,
shall be guilty of an offence under this Order unless he proves that he did not know and had no reason to suppose that the technical assistance or training in question was to be provided to a listed person.
2
Any British citizen, British Dependent Territories citizen, British Overseas citizen, British subject, British National (Overseas), British protected person, or body incorporated or constitued under the law of any part of the United Kingdom who in any place outside the United Kingdom directly or indirectly provides to a listed person any technical assistance or training related to —
a
the supply, delivery, manufacture, maintenance or use of any restricted goods, or
b
military activities,
shall be guilty of an offence under this Order.
Use of ships, aircraft and vehicles: restricted goods, technical assistance and training
6
1
Without prejudice to the generality of article 3, no ship or aircraft to which this article applies, and no vehicle within the United Kingdom, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage of those goods to a listed person.
2
This article applies to ships registered in the United Kingdom, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British Dependent Territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person; or
b
a body incorporated or constituted under the law of the United Kingdom.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) of this article then —
a
in the case of a ship registered in the United Kingdom or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in sub-paragraph (a) or sub-paragraph (b) of paragraph (2) of this article, the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage to a listed person.
4
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
FUNDS
Making funds available to Usama bin Laden and associates
7
Any person who, except under the authority of a licence granted by the Treasury under this article, makes any funds available to or for the benefit of a listed person or any person acting on behalf of a listed person is guilty of an offence under this Order.
Freezing of funds
8
1
Where the Treasury have reasonable grounds for suspecting that the person by, for or on behalf of whom any funds are held is or may be a listed person or a person acting on behalf of a listed person, the Treasury may by notice direct that those funds are not to be made available to that person, except under the authority of a licence granted by the Treasury under article 7.
2
A direction given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The Treasury may by notice revoke a direction under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 7 in respect of the funds in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds are held may apply to the High Court, or in Scotland, to the Court of Session, for the direction to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Treasury (and to any other person by, for or on behalf of whom those funds are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence under this Order.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under article 7 or 8(9)
9
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 7 or 8(9) is guilty of an offence under this Order.
Failure to disclose knowledge or suspicion of measures offences
10
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a listed person; or
ii
is a person acting on behalf of a listed person; or
iii
has committed an offence under article 7, 8(9) or 12(2); and
b
it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matters comes to its attention.
2
Where a relevant institution discloses to the Treasury —
a
its knowledge or suspicion that a person is a listed person, a person acting on behalf of a listed person, or a person who has committed an offence under article 7, 8(9) or 12(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Customs powers to demand evidence of destination which goods reach
11
Any exporter or any shipper of goods which have been exported from the United Kingdom shall, if so required by the Commissioners of Customs and Excise, furnish within such time as they may allow proof to their satisfaction that the goods have reached a destination to which their exportation was not prohibited by this Order, and, if he fails to do so, he shall be guilty of an offence under this Order unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with application for licences, conditions attaching to licences, etc
12
1
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Treasury under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Treasury after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
13
1
Any person who is about to leave the United Kingdom shall, if he is required to do so by an officer of the Customs and Excise —
a
declare whether or not he has with him any restricted goods which are destined for a listed person or for delivery, directly or indirectly, to or to the order of any listed person and
b
produce any such goods as aforesaid which he has with him.
Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
2
Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods or refuses to allow himself to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence under this Order.
3
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular or recklessly makes any declaration which is false in a material particular shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships
14
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph 1 of article 6, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b) above), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2) below.
2
The further action referred to in paragraph (1)(c) of this article is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the United Kingdom, to cause her to remain there, until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii) above; and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 17(3), where —
a
a master refuses or fails to comply with a request made under paragraph (2)(b) of this article, or
b
an authorised officer otherwise has reason to suspect that a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
In this article “authorised officer” means any officer as is referred to in section 284(1) of the Merchant Shipping Act 1995.
Investigation, etc. of suspected aircraft
15
1
Where any authorised officer or authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
if the aircraft is then in the United Kingdom any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (a) above) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the United Kingdom until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 17(3), where an authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any officer of Customs and Excise;
“authorised person” means any person authorised by the Secretary of State for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
16
1
Where any authorised officer or authorised person has reason to suspect that any vehicle in the United Kingdom has been or is being or is about to be used in contravention of article 6 —
a
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
b
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force; and
c
any authorised officer or authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (a) above) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the United Kingdom until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 17(3), where any authorised officer or authorised person has reason to suspect that any request that has been made under paragraph (1)(c) of this article may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised officer” means any officer of Customs and Excise;
“authorised person” means any person authorised by the Secretary of State for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 14 to 16
17
1
No information furnished or document produced by any person in pursuance of a request made under article 14, 15 or 16 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or the possession of that document in his own right;
b
to any person who would have been empowered under article 14, 15 or 16 to request that it be furnished or produced to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory listed in Schedule 1 to this Order;
c
on the authority of the Secretary of State, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to the listed persons or any person acting on behalf of a listed person decided upon by the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the United Kingdom, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence under any enactment relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in any of the Channel Islands, the Isle of Man or any territory listed in Schedule 1 to this Order.
2
Any power conferred by article 14, 15 or 16 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under article 14(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 14, 15 or 16 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any person (or any person acting under the authority of any such person) in the exercise of his powers under article 14, 15 or 16.
4
Nothing in articles 14 to 17 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
18
The provisions of Schedule 2 to this Order shall have effect in order to facilitate the obtaining, by or on behalf of the Secretary of State, the Treasury or the Commissioners of Customs and Excise —
a
of evidence or information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the United Kingdom; or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in any of the Channel Islands or the Isle of Man or any territory listed in Schedule 1 to this Order; and
b
of evidence of the commission of —
i
in the United Kingdom, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the Channel Islands or the Isle of Man or any territory listed in Schedule 1 to this Order.
Investigations by the Commissioners of Customs and Excise
19
Where the Commissioners of Customs and Excise investigate or propose to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise Management Act 1979.
Penalties and Proceedings
20
1
Any person guilty of an offence under article 3, 5, 6(3), 7, 8(9) or 9 shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
2
Any person guilty of an offence under article 17(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 to this Order shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum or to both.
3
Any person guilty of an offence under article 12(1) or (2) or article 13(3) shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both or;
b
on summary conviction to a fine not exceeding the statutory maximum.
4
Any person guilty of an offence under article 17(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 2 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
5
Any person guilty of an offence under article 8(10) or 10 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
6
Any person guilty of an offence under article 11 or 13(2) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
7
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
8
Notwithstanding anything in section 127(1) of the Magistrates' Courts Act 1980 , a summary offence under this Order may be tried by a magistrates' court in England and Wales if any information is laid at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
9
Notwithstanding anything in section 136 of the Criminal Procedure (Scotland) Act 1995 , summary proceedings in Scotland for an offence under this Order may be commenced at any time within 12 months after the date on which evidence sufficient in the Lord Advocate’s opinion to justify the proceedings came to his knowledge; and subsection (3) of that section applies for the purpose of this paragraph as it applies for the purpose of that section:
Provided that such proceedings shall not be commenced after the expiration of three years from the commission of the offence.
10
Notwithstanding anything in article 19 of the Magistrates' Courts (Northern Ireland) Order 1981 , summary proceedings in Northern Ireland for an offence under this Order may be instituted at any time within three years after the commission of the offence and within 12 months after the date on which evidence sufficient in the opinion of the prosecutor to justify the proceedings comes to his knowledge.
11
For the purposes of this article:
a
a certificate signed by or on behalf of the prosecutor or the Lord Advocate (as the case may be) as to the date on which such evidence as is referred to in paragraphs (8), (9) and (10) above came to his knowledge shall be conclusive evidence of that fact; and
b
a certificate purporting to be so signed shall be presumed to be so signed unless the contrary is proved.
12
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
13
In England and Wales, subsection (2) of section 24 of the Police and Criminal Evidence Act1984 shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that subsection; and accordingly such offences shall be arrestable offences within the meaning of that Act.
14
In Scotland, where a constable reasonably believes that a person has committed or is committing an offence under this Order, he may arrest that person without a warrant.
15
In Northern Ireland, paragraph (2) of article 26 of the Police and Criminal Evidence (Northern Ireland) Order 1989 shall apply to the offences under this Order that are not arrestable offences by virtue of the term of imprisonment for which a person may be sentenced in respect of them, as if they were mentioned in that paragraph; and accordingly such offences shall be arrestable offences within the meaning of that Order.
16
No proceedings for an offence under this Order, other than for a summary offence, shall be instituted in England, Wales or Northern Ireland except by the Secretary of State or the Treasury or with the consent of the Attorney General or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the Secretary of State and the Treasury
21
1
The Secretary of State and the Treasury may to such extent and subject to such restrictions and conditions as he or they may think proper, delegate or authorise the delegation of any of his or their powers under this Order to any person, or class or description of persons, approved by him or them, and references in this Order to the Secretary of State or the Treasury shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Publication of matters designated by the Sanctions Committee
22
The particulars of any designation by the Sanctions Committee referred to in this Order shall be published by the Secretary of State or the Treasury in the London, Edinburgh and Belfast Gazettes.
A.K. Galloway
Clerk to the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the District of Wyre Forest (Electoral Changes) Order 2002.
2
This order, with the exception of article 7(2), shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
3
Article 7(2) shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Bewdley, Chaddesley Corbett, Kidderminster Foreign, Rushock, Stone and Upper Arley to be held on 4th May 2006, on 15th October 2005;
b
for all other purposes, on 4th May 2006.
Interpretation
2
In this Order —
“district” means the district of Wyre Forest;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of Wyre Forest (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Wyre Forest District Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Wyre Forest
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into seventeen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Wyre Forest
4
1
Elections of all councillors for all wards of the district shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the district immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the district is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Bewdley
5
1
The existing wards of the parish of Bewdley shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Bewdley East, Bewdley West and Bewdley Wribbenhall; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Bewdley Wribbenhall parish ward shall be five and for each of the Bewdley East and Bewdley West parish wards shall be four.
Wards of the parish of Stourport-on-Severn
6
1
The existing wards of the parish of Stourport-on-Severn shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Stourport-on-Severn Areley Kings East, Stourport-on-Severn Areley Kings West, Stourport-on-Severn Central, Stourport-on-Severn Lickhill, Stourport-on-Severn North and Stourport-on-Severn Stour and Wilden; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the parish wards shall be three.
Parish Elections
7
1
Elections of all parish councillors for the parish of Rock shall be held simultaneously on the ordinary day of election of councillors in 2004 and every fourth year after 2004.
2
Elections of all parish councillors for the parishes of Bewdley, Chaddesley Corbett, Kidderminster Foreign, Rushock, Stone and Upper Arley shall be held simultaneously on the ordinary day of election of councillors in 2006 and every fourth year after 2006.
3
The term of office of all parish councillors elected in accordance with any of paragraphs (1) and (2) above shall be four years; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
Maps
8
Wyre Forest District Council shall make a print of the map marked “Map referred to in the District of Wyre Forest (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
9
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
10
The District of Wyre Forest (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(8).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (Telekom Malaysia (UK) Limited) Order 2002 and shall come into force on 26th March 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
18th February 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the European Single Currency (Taxes) (Amendment) Regulations 2002 and shall come into force on 1st October 2002.
2
These Regulations have effect in relation to accounting periods beginning on or after 1st October 2002.
Amendment of the European Single Currency (Taxes) Regulations 1998
2
Amend the European Single Currency (Taxes) Regulations 1998 in accordance with regulations 3 and 4.
Amendment of regulation 2
3
In regulation 2(1) —
a
omit the definition of “long-term capital asset” and “long-term capital liability”;
b
omit the definition of “qualifying contract”;
c
in the definition of “relevant asset” for “a long-term capital asset, a long-term capital liability, an option, a qualifying contract” substitute “an option”.
Omission of regulations 7 to 11
4
Omit regulations 7 to 11.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002