text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service Pension Scheme (Additional Voluntary Contributions) Amendment Regulations 2002 and shall come into force on 12th April 2002.
2
In these Regulations “the AVC Regulations ” means the National Health Service Pension Scheme (Additional Voluntary Contributions) Regulations 2000 .
Amendment of the AVC Regulations
2
The AVC Regulations shall be amended in accordance with regulations 3 to 6.
Amendment of regulation 2
3
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “normal benefit age” there shall be inserted the following definition —
“occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 ;
; and
b
in the definition of “personal pension scheme” for “and” there shall be substituted “of”.
Amendment of regulation 6
4
In regulation 6 (circumstances in which elections cease to have effect) —
a
for “An” there shall be substituted “ — (1) Subject to paragraph (2), an”; and
b
after the end of sub-paragraph (d) there shall be inserted the following paragraph —
2
Where paragraph (1)(a) or (b) above applies, an election shall be treated as not having ceased to have effect if a contributor gives written notice to the Secretary of State for the purpose specified in regulation 5(1)(c).
.
Substitution of regulation 10
5
For regulation 10 (outward transfers) there shall be substituted the following regulation —
Outward transfers
10
1
Subject to paragraphs (4) to (7), the Secretary of State shall as soon as is reasonably practicable after having received a notice in writing from an eligible person requesting a transfer of the value of that person’s investments made in relation to that person under regulation 7(1), 8(2) or, as the case may be, 9(4) pay a transfer value representing the value of all such investments at that person’s option —
a
where that person has left pensionable employment, to one of the schemes specified in paragraph (2) in which that person may be participating; or
b
where that person remains in pensionable employment, to the scheme specified in paragraph (3).
2
The schemes specified in this paragraph are —
a
an approved scheme which provides additional benefits by virtue of additional voluntary contributions but does not fall within section 591(2)(h) of the Taxes Act (discretionary approval);
b
a personal pension scheme, including a personal pension scheme which is a stakeholder pension scheme under Part I of the Welfare Reform and Pensions Act 1999 (stakeholder pension schemes);
c
an occupational pension scheme which is a stakeholder pension scheme under Part I of the Welfare Reform and Pensions Act 1999; and
d
any other arrangement which has been approved by the Board of Inland Revenue to accept transfer payments, provided that the transfer value shall not be used to purchase benefits in the form of a tax free lump sum.
3
The scheme specified in this paragraph is a free-standing additional voluntary contributions scheme.
4
Where the Secretary of State is required under paragraph (1) above to make a transfer payment in circumstances where a transfer payment in respect of an eligible person is also provided and used in accordance with regulation M1 of the Pension Scheme Regulations (member’s right to transfer or buy-out) he shall do so in accordance with the time limits specified in regulation M4 of the Pension Scheme Regulations (time limit for doing what the member requires), as if any reference in that regulation to an application were a reference to the notice referred to in paragraph (1) above.
5
In any case where the Secretary of State has directed under regulation 20 (loss of rights to benefit) that all or part of any of an eligible person’s rights to benefit under these Regulations are to be forfeited the cash equivalent payable in respect of that person shall be reduced by the capitalised value of the rights which are to be forfeited.
6
If disciplinary or court proceedings are commenced against the eligible person within 12 months after he leaves pensionable service and it appears to the Secretary of State that the proceedings may lead to all or part of that persons’s rights to benefits being forfeited in accordance with regulation 20, the Secretary of State may defer doing what is needed to carry out what that person requires until the date 3 months after the conclusion of those proceedings (including any proceedings on appeal) where that date is later than the date which would otherwise apply by virtue of paragraph (4) above.
7
Where the Secretary of State has done what is needed to carry out what the eligible person requires under this regulation, the Secretary of State shall be discharged from any obligation under regulation 15 (payments by the Secretary of State) to or in respect of that person.
8
In this regulation “eligible person” means a person —
a
who is a contributor; and
b
either —
i
who has not attained the age of 60 years on or before the date the notice referred to in paragraph (1) above is received by the Secretary of State; or
ii
to whom regulation M6 of the Pension Scheme Regulations (special terms for transfers out (bulk transfers etc. )) applies.
.
Amendment of Schedule 1
6
In paragraph 13 of Schedule 1 (limit on retirement pension in cases of retirement over 60) —
a
after “K” where is first occurs, there shall be inserted “, KK”;
b
after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bb
KK is an amount calculated in accordance with paragraph 12 as at the participator’s 60th birthday, increased up to the date of his retirement by such an amount as the Government Actuary advises is appropriate having regard to the period of postponement of payment of the participator’s pension after his 60th birthday.
.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
19th March 2002
We consent to the making of these Regulations.
Nick Ainger
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
20th March 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value) Performance Plans and Reviews Amendment and Specified Dates Order 2002 and shall come into force on 8th March 2002.
Application
2
This Order applies —
a
in relation to England, to all best value authorities; and
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Local Government Act 1999 (police and fire authorities).
Amendment to Order
3
The Local Government (Best Value) Performance Plans and Reviews Order 1999 is amended in accordance with Articles 4 and 5 of this Order.
Content of best value performance plans for the financial year 2001 and each financial year thereafter
4
For Article 4(1) (content of best value performance plans for the financial year 2001 and each financial year thereafter) there is substituted —
1
Best value authorities must include in their best value performance plan for the financial year 2002 and each financial year thereafter, all the matters specified in sub-paragraphs (a)(d) and (e) of Article 3 of this Order and in paragraph (2) below.
.
Preparation of best value reviews-period of reviews
5
Article 5 (preparation of best value reviews-period of reviews) is deleted.
Date specified for the publication of plans
6
For the purposes of section 6(3)(b)(best value performance plans) of the Local Government Act 1999, the date specified is 30th June of the financial year to which the relevant performance plan relates.
Audit of best Value performance plans
7
For the purposes of section 7(6)(b)(audit of best value performance plans) of the Local Government Act 1999, the date specified is 31st December of the financial year to which the relevant performance plan relates.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
13th February 2002


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


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Personal Protective Equipment Regulations 2002 and shall come into force on 15th May 2002.
2
The Regulations specified in Schedule 11 are hereby revoked with effect from the coming into force of these Regulations.
Interpretation
2
1
In these Regulations —
a
the “ PPE Directive ” means Council Directive 89/686/ EEC on the approximation of the laws of the Member States relating to personal protective equipment ;
b
except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA , and a reference to a Member State includes a reference to an EEA State: for this purpose —
i
the “EEA” means the European Economic Area;
ii
an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and
iii
the “EEA Agreement” means the Agreement of the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ; and
c
a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations and a reference —
i
to a paragraph in a regulation is a reference to a paragraph in that regulation;
ii
to an Annex is a reference to an Annex to the PPE Directive: for the purposes of these Regulations, Annexes I, II , III , IV and VI are respectively set out in Schedules 1, 2 , 3, 4 and 5;
iii
to an Article in these Regulations is a reference to the Article so numbered in the PPE Directive and a reference to a section or paragraph of an Article shall be construed accordingly: for the purposes of these Regulations, Articles 10, 11, 12 and 13 are respectively set out in Schedules 7, 8, 9 and 6;
iv
to a section or a paragraph in an Annex is a reference to a section or a paragraph in that Annex as set out in the relevant Schedule; and
v
to “the Directive” in an Annex or Article is a reference to the PPE Directive.
2
In these Regulations —
“ 1987 Act ” means the Consumer Protection Act 1987 ;
“approved body” shall be construed in accordance with regulation 13;
“basic health and safety requirements” means the requirements set out in Schedule 2;
“CE marking” means the CE marking referred to in regulation 12 consisting of the initials “CE” in the form shown in Schedule 4;
“ the Commission ” means the Commission of the European Communities;
“complex PPE ” means PPE of complex design intended to protect against mortal danger or against dangers that may seriously and irreversibly harm health, the immediate effects of which the designer assumes the user cannot identify in sufficient time: this category shall cover exclusively —
filtering respiratory devices for protection against solid and liquid aerosols or irritant, dangerous, toxic or radiotoxic gases;
respiratory protection devices providing full insulation from the atmosphere, including those for use in diving;
PPE providing only limited protection against chemical attack or against ionising radiation;
emergency equipment for use in high-temperature environments the effects of which are comparable to those of an air temperature of 100°C or more which may or may not be characterised by the presence of infra-red radiation, flames or the projection of large amounts of molten materials;
emergency equipment for use in low temperature environments the effects of which are comparable to those of an air temperature of −50°C or less;
PPE to protect against falls from a height; and
PPE to protect against electrical risks and dangerous voltages or that used as insulation in high-tension work;
“enforcement authority” shall be construed in accordance with Schedule 10;
“harmonised standard” means a text containing a technical specification or specifications adopted by either or both of the European Committee for Standardisation and the European Committee for Electrotechnical Standardisation upon a remit from the Commission in accordance with Council Directive 98/34/ EC laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services ;
“PPE” means —
any device or appliance designed to be worn or held by an individual for protection against one or more health and safety hazards: and shall also include —
a unit constituted by several devices or appliances which have been integrally combined by the manufacturer for the protection of an individual against one or more potentially simultaneous risks;
a protective device or appliance combined, separably or inseparably, with personal non-protective equipment worn or held by an individual for the execution of a specific activity; and
interchangeable components which are essential to its satisfactory functioning and used exclusively for such equipment;
“responsible person” means —
the manufacturer or his authorised representative established within the Community; or
where neither the manufacturer nor his authorised representative is established within the Community, the person who places the PPE on the market;
“safe” in relation to PPE, means that the PPE when used and maintained in accordance with its intended purpose could not compromise the health and safety of the user without prejudice to the health and safety of other individuals, domestic animals or property, and when the context admits, cognate expressions shall be construed accordingly;
“simple PPE” means PPE models of simple design where the designer assumes that the user can himself assess the level of protection provided against the minimal risks concerned the effects of which, when they are gradual, can be safely identified by the user in good time: this category shall cover exclusively PPE intended to protect the wearer against —
mechanical action whose effects are superficial (for example gardening gloves and thimbles);
cleaning materials of weak action and easily reversible effects (for example gloves affording protection against diluted detergent solutions);
risks encountered in the handling of hot components which do not expose the user to a temperature exceeding 50°C or to dangerous impacts (for example gloves and aprons for professional use);
atmospheric agents of a neither exceptional nor extreme nature (for example head gear, seasonal clothing and footwear);
minor impacts and vibrations which do not affect vital areas of the body and whose effects cannot cause irreversible lesions (for example light anti-scalping helmets, gloves and light footwear); and
sunlight (for example sunglasses);
“supply” is to be read in accordance with section 46 of the 1987 Act and includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and cognate expressions shall be construed accordingly, provided always that PPE shall be regarded as having been supplied where a person —
being a manufacturer of PPE for his own use; or
having imported PPE from a country or territory outside the Community for his own use,
brings that PPE into service in the course of a business;
“transposed harmonised standard” means a standard, the reference number of which is published —
in the United Kingdom, by the Secretary of State, in such a manner as she considers appropriate; or
in another Member State of the Community,
and which corresponds to a harmonised standard the reference number of which is published in the Official Journal of the European Communities.
Application
3
1
Subject to paragraph (2) and regulations 4, 5, 6 and 7, these Regulations shall apply to PPE.
2
These Regulations shall not apply to PPE which is presented at any trade fair, exhibition, demonstration or the like and which is not in conformity with the provisions of the PPE Directive, provided that a visible sign clearly indicates that the PPE in question does not comply with those provisions and it may not be acquired or used until it has been made to comply with them by the responsible person.
4
Any system placed on the market in conjunction with PPE for its connection to another external, additional device shall be regarded as an integral part of that PPE even if the system is not intended to be worn or held permanently by the user for the entire period of risk exposure.
Excluded PPE
5
These Regulations shall not apply to PPE which is —
1
of one of the classes specified in the list of excluded products in Schedule 1; or
2
within the scope of any directive designed to achieve the same objectives as the PPE Directive with regard to placing on the market, free movement of goods and safety of PPE.
PPE placed on the market before 1 July 1992
6
These Regulations do not apply to any PPE which was placed on the market before 1 July 1992.
Transitional Exclusion
7
1
These Regulations do not apply to any PPE which was placed on the market on or before 30 June 1995 and which complies with any safety provisions with which it would have been required to comply for it to be placed on the market in the United Kingdom on 30 June 1992.
2
The exclusion provided in paragraph (1) does not apply in the case of any PPE which —
a
unless required to bear the CE marking pursuant to any other Community obligation, bears the CE marking or an inscription liable to be confused therewith; or
b
bears or is accompanied by any other indication, howsoever expressed, that it complies with the PPE Directive.
General duty of placing on the market of PPE
8
1
Subject to regulation 9, no person who is a responsible person shall place on the market any PPE unless the requirements of paragraph (2) have been complied with in relation thereto.
2
The requirements of this paragraph are that —
a
it satisfies the basic health and safety requirements which are applicable to that class or type of PPE and, for the purpose of satisfying those requirements where a transposed harmonised standard covers one or more of the basic health and safety requirements, PPE which conforms to that standard shall be presumed to comply with that or, as the case may be, those basic health and safety requirements;
b
the appropriate conformity assessment procedure, in accordance with regulation 11, has been carried out —
i
by the manufacturer; or
ii
where permitted by procedure, by the manufacturer’s authorised representative established in the Community,
save that where the person placing the PPE on the market is neither the manufacturer nor his authorised representative established in the Community the obligation to retain the technical documentation required by the appropriate conformity assessment procedure shall be fulfilled by the person who places that PPE on the market;
c
the CE marking has been affixed to it by the manufacturer or his authorised representative in accordance with regulation 12 and Schedule 4 hereto to indicate that it conforms with all the provisions of the PPE Directive that apply to it including the appropriate conformity assessment procedure and regulation 12 and Schedule 4 shall have effect for that purpose; and
d
when properly maintained and used for its intended purpose it does not compromise the safety of individuals, domestic animals or property.
General duty relating to the supply of PPE
9
Subject to regulation 10, no person shall supply any PPE unless that PPE is safe.
Exceptions to placing on the market and supply in respect of certain PPE
10
For the purposes of regulations 8 and 9, PPE shall not be regarded as being placed on the market or supplied, as the case may be —
a
where that PPE —
i
will be brought into service in a country outside the Community; or
ii
is imported into the Community for re-export to a country outside the Community,
save that this paragraph shall not apply if the CE marking, or any inscription liable to be confused therewith, is affixed thereto.
Conformity assessment procedures
11
For the purposes of regulation 8(2)(b), the appropriate conformity assessment procedure in all cases shall be the assembly of such technical documentation as required under Schedule 3 and in addition in the case of —
a
simple PPE, the EC declaration of conformity procedure described in Schedule 9;
b
the series production of complex PPE, the EC declaration of conformity procedure described in Schedule 9, the EC type-examination procedure described in Schedule 7 and one of the two checking of PPE manufactured procedures described in Schedule 8; and
c
the series production of PPE other than simple PPE or complex PPE, the EC declaration of conformity procedure described in Schedule 9 and EC type-examination procedure described in Schedule 7.
CE marking
12
1
Subject to the following paragraphs of this regulation, PPE which either meets the basic health and safety requirements or is presumed to do so in accordance with regulation 8(2)(a) shall bear the CE marking in a visible, legible and indelible form.
2
Where the manufacturer or his authorised representative established within the Community is required to affix the CE marking to PPE it shall be affixed in accordance with Schedules 4 and 6.
3
Subject to paragraph (4), where any PPE is subject to any other directive or directives in addition to the PPE Directive which also provides for the affixing of the CE marking, the CE marking shall indicate that the PPE also fulfils the provisions of that other directive or directives.
4
Where one or more of the other directives referred to in paragraph (3) allow the manufacturer, during a transitional period, to choose which arrangements apply, the CE marking shall indicate conformity to the provisions only of the directive or directives applied by the manufacturer; and, in this case, the particulars of the directive or directives applied, as published in the Official Journal of the European Communities, must be given in the documents, notices or instructions required by the directive or directives and accompanying the PPE in question.
Approved bodies
13
For the purposes of these Regulations, an approved body is a body which has been —
a
appointed as a United Kingdom approved body pursuant to regulation 14; or
b
appointed by a Member State other than the United Kingdom;
to carry out one or more of the conformity assessment procedures specified in regulation 11 and which has been notified by the United Kingdom or by such other Member State, as the case may be, to the Commission and the other Member States pursuant to Article 9(1) of the PPE Directive.
Appointment of approved bodies
14
1
The Secretary of State may from time to time appoint such persons as she thinks fit to be approved bodies for the purposes of these Regulations.
2
Such appointment —
a
may relate to all descriptions of product or such descriptions (which may be framed by reference to any circumstances whatsoever) of product as the Secretary of State may from time to time determine;
b
may be made subject to such conditions as the Secretary of State may from time to time determine, which may include conditions which are to apply upon or following termination of the appointment;
c
shall without prejudice to the generality of sub-paragraph (b) and subject to paragraph (4), require that body to carry out the procedures and specific tasks for which it has been appointed including (where so provided as part of those procedures) surveillance to ensure that the manufacturer duly fulfils the obligations arising out of the relevant conformity assessment procedure;
d
shall be terminated upon 6 months notice in writing to the Secretary of State, at the request of the approved body; and
e
may be terminated at any time by the Secretary of State if it appears to the Secretary of State that any of the conditions of the appointment are not complied with.
3
Subject to paragraphs (2)(d) and (e), an appointment under this regulation may be for the time being or for such period as may be specified in the appointment.
4
An approved body appointed by the Secretary of State shall not be required to carry out the functions referred to in paragraph (2)(c) if —
a
the documents subject to it in relation to carrying out such functions are not in English or another language acceptable to that body;
b
the person making the application has not submitted with its application the amount of the fee which the body requires to be submitted with the application pursuant to regulation 15; or
c
the body reasonably believes that, having regard to the number of applications made to it in relation to its appointment under these Regulations which are outstanding, it will be unable to commence the required work within 3 months of receiving the application.
5
If for any reason the appointment of an approved body is terminated under this regulation, the Secretary of State may —
a
give such directions (either to the body the subject of the termination or another approved body) for the purposes of making such arrangements for the determination of outstanding applications as she considers appropriate; and
b
without prejudice to the generality of the foregoing, authorise another approved body to take over its functions in respect of such cases as she may specify.
6
If an approved body, to whom an application has been made for an EC type-examination certificate pursuant to the EC type-examination procedure (set out in Schedule 7 hereto), is not satisfied that the requirements for such a certificate are met and refuses to issue an EC type-examination certificate it shall inform all other approved bodies of this.
7
If an approved body withdraws an EC type-examination certificate it shall inform the Secretary of State.
Fees
15
1
Without prejudice to the power of the Secretary of State, where he is appointed as an approved body in the United Kingdom, to charge fees pursuant to regulations made under section 56 of the Finance Act 1973 and subject to paragraph (2), an approved body appointed by the Secretary of State may charge such fees in connection with, or incidental to, carrying out the tasks referred to in regulation 14(2)(c) as it may determine; provided that such fees shall not exceed the sum of the following —
a
the costs incurred or to be incurred by the approved body in performing the relevant function; and
b
an amount on account of profit which is reasonable in the circumstances having regard to —
i
the character and extent of the work done or to be done by the body on behalf of the applicant; and
ii
the commercial rate normally charged on account of profit for that work or similar work.
2
The power in paragraph (1) includes the power to require the payment of fees or a reasonable estimate thereof in advance of carrying out the work requested by the applicant.
Application of Schedule 10 on Enforcement
16
1
Subject to paragraph (2), Schedule 10 shall have effect for the purposes of providing for enforcement of these Regulations, and for matters incidental thereto.
2
Except in the case of PPE which when used in accordance with its intended purpose, in the opinion of an enforcement authority, may endanger the safety of persons and, where appropriate, domestic animals or property, where an enforcement authority has reasonable grounds for suspecting that the CE marking has been affixed to the PPE, or its packaging, and in relation to which any provision of these Regulations has not been complied with, it may serve notice in writing on the responsible person and, subject to paragraph (3), no other action pursuant to Schedule 10 may be taken, and no proceedings may be brought pursuant to regulation 17, in respect of that PPE until such notice has been given and the person to whom it is given has failed to comply with its requirements.
3
Notwithstanding the provisions of paragraph (2), for the purposes of ascertaining whether or not the CE marking has been correctly affixed, action may be taken pursuant to section 29 of the 1987 Act, as it is applied by Schedule 10.
4
A notice which is given under paragraph (2) shall —
a
state that the enforcement authority suspects that the CE marking has not been correctly affixed to the PPE or its packaging;
b
specify the respect in which it is so suspected and give particulars thereof;
c
require the person to whom the notice is given —
i
to secure that any PPE to which the notice relates conforms as regards the provisions concerning the correct affixation of the CE marking within such period as may be specified in the notice; or
ii
to provide evidence within that period, to the satisfaction of an enforcement authority, that the CE marking has been correctly affixed; and
d
warn that person that if the non-conformity continues after, or if satisfactory evidence has not been provided within, the period specified in the notice, further action may be taken under these Regulations in respect of that PPE or PPE of the same type placed on the market by that person.
Offences
17
Any person who contravenes or fails to comply with regulation 8 or 9 shall be guilty of an offence.
Penalties
18
A person guilty of an offence under regulation 17 shall be liable on summary conviction to —
a
imprisonment for a term not exceeding 3 months; or
b
a fine not exceeding level 5 on the standard scale,
or both.
Defence of due diligence
19
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 17 it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against any person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another,
that person shall not, without leave of the court, be entitled to rely on the defence unless, not less than seven clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the persons who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took and those which might reasonably have been taken, for the purposes of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
20
1
Where the commission by any person of an offence under regulation 17 is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and will be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown 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.
3
Where the affairs of a body corporate are managed by members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
20th April 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Pupil Exclusions and Appeals) (Pupil Referral Units) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 2002 Act ” means the Education Act 2002
“the 2002 Regulations ” means the Education (Pupil Exclusions and Appeals) (Maintained Schools) (England) Regulations 2002
“the relevant person” means —
in relation to a pupil under the age of 18, a parent of his;
in relation to a pupil who has attained that age, the pupil himself.
2
Any exclusion for a fixed period consisting of the period between the morning and afternoon school sessions shall for the purposes of these Regulations be taken as equivalent to half a school day.
Responsible Body
3
For the purposes of section 52(5) of the 2002 Act the local education authority which maintains a pupil referral unit is prescribed as the responsible body in relation to a fixed period exclusion from that pupil referral unit.
Power of teacher in charge to exclude pupils
4
A teacher in charge of a pupil referral unit may not exercise his power under section 52(2) of the 2002 Act so as to exclude a pupil from the pupil referral unit for one or more fixed periods if, as a result, the pupil would be excluded for more than 45 school days in any one school year.
Exclusion of pupils: duty to inform parents and local education authority
5
1
Where the teacher in charge of a pupil referral unit excludes any pupil for a fixed period, the teacher in charge shall (without delay) take reasonable steps to inform the relevant person of the following matters —
a
the period of exclusion;
b
the reasons for exclusion;
c
that he make representations about the exclusion to the local education authority, and
d
the means by which such representations may be made.
2
Where the teacher in charge of a pupil referral unit excludes any pupil for a fixed period in circumstances where the pupil would, as a result of the exclusion —
a
be excluded from the pupil referral unit for a total of more than five school days in any one term, or
b
lose an opportunity to take any public examination,
the teacher in charge shall (without delay) inform the local education authority of the period of the exclusion and the reasons for it.
3
Where the teacher in charge of a pupil referral unit excludes any pupil permanently or decides that any exclusion of a pupil for a fixed period should be made permanent, the teacher in charge shall forthwith —
a
inform the relevant person and the local education authority of the decision and the reasons for it; and
b
in addition give the relevant person notice in writing of the decision stating the following matters —
i
the reasons for the decision,
ii
his right to appeal against the decision,
iii
the person to whom he should give any notice of appeal,
iv
that any notice of appeal must contain the grounds of appeal, and
v
the last date on which an appeal may be made.
4
The notice in writing referred to in paragraph (3)(b) may be given either —
a
by delivering it to the relevant person’s last known address, or
b
by properly addressing, pre-paying and sending by first class post to the relevant person’s last known address a letter containing the notice.
5
The teacher in charge shall in each term inform the local education authority of any exclusions which do not fall within paragraphs (2) or (3) and the reasons for them.
Functions of local education authority in relation to pupils excluded for a fixed period
6
1
Paragraphs (2) to (6) apply where the local education authority are informed under regulation 5(2) of the exclusion of any pupil for a fixed period, and the circumstances are that the pupil would, as a result of the exclusion —
a
be excluded from the pupil referral unit for a total of more than fifteen school days in any one term, or
b
lose an opportunity to take a public examination.
2
The local education authority shall in any such case —
a
consider the circumstances in which the pupil was excluded;
b
consider any representations about the exclusion made to the local education authority by the relevant person in pursuance of regulation 5(1)(c);
c
allow each of the following, namely —
i
the relevant person, and
ii
the teacher in charge of the pupil referral unit,
to attend a meeting with the local education authority and to make oral representations about the exclusion; and
d
consider any oral representations so made.
3
The local education authority shall consider whether or not the pupil should be reinstated and where they consider that the pupil should be reinstated, they shall in addition consider whether he should be reinstated immediately, or reinstated by a particular date.
4
If the local education authority decide that the pupil should be reinstated, they shall forthwith —
a
give the appropriate direction to the teacher in charge, and
b
inform the relevant person of their decision.
5
The teacher in charge shall comply with any direction of the local education authority for the reinstatement of a pupil who has been excluded from the pupil referral unit.
6
If the local education authority decide that the pupil should not be reinstated, they shall forthwith inform the relevant person and the teacher in charge of their decision and the reasons for it.
7
Where —
a
the teacher in charge of a pupil referral unit excludes a pupil for a fixed period in a case where paragraphs (2) to (6) do not apply; and
b
the local education authority receive any representations made in pursuance of regulation 5(1)(c) by the relevant person about the exclusion,
they shall consider those representations.
8
Subject to paragraph (9), the local education authority shall take each of the steps referred to in paragraph (2) —
a
not earlier than six school days; and
b
not later than 15 school days, in the case of an exclusion for a fixed period of more than 15 school days; or
c
not later than 50 school days, in the case of an exclusion for a fixed period of 15 school days or fewer,
after the date on which they were informed of the matters referred to in regulation 5(2).
9
Where a pupil has been excluded for a fixed period in circumstances in which he would, as a result of the exclusion, lose an opportunity to take a public examination, the local education authority shall (so far as it is practical for them to do so) take each of the steps referred to in paragraph (2) before the date on which the pupil is due to take the examination and in any event no later than is required by paragraph (8).
10
The local education authority shall not be relieved of the duty to take any step referred to in paragraph (2) because it has not been taken within the periods specified in paragraphs (8) and (9).
Appeals against permanent exclusion of pupils
7
1
A local education authority shall make arrangements for enabling the relevant person to appeal against any decision of the teacher in charge under section 52(2) of the 2002 Act to permanently exclude a pupil from a pupil referral unit maintained by the authority.
2
The Schedule to the 2002 Regulations has effect, with the modifications prescribed in the Schedule to these Regulations, in relation to the making and hearing of appeals pursuant to arrangements made under paragraph (1); and in paragraphs (3) to (6) `appeal panel' means an appeal panel constituted in accordance with paragraph 2 of the Schedule to the 2002 Regulations as modified.
3
In making any decision on an appeal pursuant to arrangements made under paragraph (1), an appeal panel shall have regard both to the interests of the excluded pupil and to the interests of other pupils and persons working at the pupil referral unit (including persons working at the unit voluntarily).
4
An appeal panel shall not determine that a pupil is to be reinstated merely because of the failure of any person to comply with any procedural requirement imposed by or under these Regulations in relation to the decision under section 52(2) of the 2002 Act against which the appeal is brought.
5
The decision of an appeal panel on an appeal pursuant to arrangements made under paragraph (1) shall be binding on the relevant person, the teacher in charge and the local education authority.
6
On such an appeal the appeal panel may —
a
uphold the exclusion;
b
direct that the pupil is to be reinstated (either immediately or by a date specified in the direction), or
c
decide that because of exceptional circumstances or for other reasons it is not practical to give a direction requiring his reinstatement, but that it would otherwise have been appropriate to give such a direction.
Exclusion of pupils: guidance
8
1
This regulation applies to any functions of —
a
the teacher in charge of a pupil referral unit,
b
a local education authority, or
c
an appeal panel constituted in accordance with paragraph 2 of the Schedule to the 2002 Regulations as modified,
under section 52(2) of the 2002 Act or these Regulations.
2
In discharging any such function, such a person or body shall have regard to any guidance given from time to time by the Secretary of State.
Information
9
A local education authority shall give to the Secretary of State in each school term the information referred to in Schedules 9 or 10 (as appropriate) to the Education (School Performance Information) (England) Regulations 2001 in respect of exclusions from a pupil referral unit.
Revocation
10
1
Subject to paragraph (2) the Education (Pupil Referral Units) (Appeals against Permanent Exclusion) (England) Regulations 2002 are hereby revoked.
2
Nothing in paragraph (1) shall affect the continued application of those Regulations by virtue of paragraph 4 of the Schedule to the Education Act 2002 (Commencement No. 3 and Savings and Transitional Provisions) Order 2002 (pupils excluded before 20th January 2003).
Ivan Lewis
Parliamentary Under Secretary of State
Department for Education and Skills
17th December 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments and Miscellaneous Amendments) (No. 2) Regulations 2002 and shall come into force —
a
for the purposes of this regulation, regulations 6 to 8 and 11 to 15 on 23rd October 2002;
b
for the purposes of regulation 4 immediately before 1st April 2003; and
c
for all other purposes on 8th April 2003.
2
In these Regulations, except as otherwise stated, a reference to a numbered regulation, paragraph or Schedule is a reference to the regulation, paragraph or Schedule bearing that number in the Social Security (Claims and Payments) Regulations 1987 .
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
In regulation 21 (direct credit transfer) —
a
for paragraph (1) there shall be substituted —
1
Subject to the provisions of this regulation, benefit may, by an arrangement between the Secretary of State and the person claiming or entitled to it, be paid by way of direct credit transfer into a bank or other account —
a
in the name of the person entitled to benefit, or his spouse or partner, or a person acting on his behalf, or
b
in the joint names of the person entitled to benefit and his spouse or partner, or the person entitled to benefit and a person acting on his behalf.
;
b
paragraph (2) shall be omitted;
c
in paragraph (3), “as may be provided in the application” shall be omitted; and
d
in paragraphs (3B) and (3C) for “any application to which paragraph (2) refers” there shall be substituted “an arrangement under that paragraph”.
3
In regulation 22 (long term benefits), for paragraph (1) there shall be substituted —
1
Subject to the provisions of this regulation and regulation 25(1), long term benefits may be paid at intervals of four weeks, or weekly in advance.
1A
Disability living allowance shall be paid at intervals of four weeks.
.
4
In regulation 23 (child benefit and guardian’s allowance), in paragraph (1) “and of regulation 21 (direct credit transfer)” shall be omitted.
5
In regulation 24 (incapacity benefit, maternity allowance and severe disablement allowance), in paragraphs (1) and (2) “regulation 21 and” shall be omitted.
6
In regulation 29 (payments to persons under age 18) for “the receipt of that person” there shall be substituted “a direct credit transfer under regulation 21 into that person’s account, or the receipt by him of a payment made by some other means,”.
7
In regulation 30(2) (payments on death), in sub-paragraph (a) for “the receipt of any such person” there shall be substituted “a direct credit transfer under regulation 21 into any such person’s account, or the receipt by him of a payment made by some other means,”.
8
In regulation 33 (persons unable to act), in paragraph (3) for “the receipt of any person so appointed” there shall be substituted “a direct credit transfer under regulation 21 into the account of any person so appointed, or the receipt by him of a payment made by some other means,”.
9
In regulation 35(2) (deductions which may be made from benefit and paid to third parties) for “instrument of payment may be, and in the case of funeral expenses shall be, made payable to that person and it may, in any case, be delivered or sent to that person as a direct payment” there shall be substituted “payment may be, and in the case of funeral expenses shall be, made to that person and where an instrument of payment is made payable to that person it may be sent to the beneficiary”.
10
In regulation 38 (extinguishment of right to payment of sums by way of benefit where payment is not obtained within the prescribed period), in paragraph (2A)(c)(i) , for “automated” there shall be substituted “direct”.
11
In Schedule 6 (days for payment of long term benefits) —
a
in paragraph 5(b) (retirement pension) for “Tuesdays” there shall be substituted “the day of the week which has become the appropriate day for payment of such benefit to him in accordance with paragraph 6”;
b
in paragraph 5(d) (retirement pension) for “in any particular case determine” there shall be substituted “where payment is by direct credit transfer, or in the circumstances of any particular case, determine”; and
c
in paragraph 6 (widowed mother’s allowance and widow’s pension) for “on Tuesdays” there shall be substituted —
on —
a
Tuesdays; or
b
such other day of the week as the Secretary of State may determine, where payment is by direct credit transfer, or in the circumstances of any particular case,
and where, in relation to any person, any particular day of the week has become the appropriate day of the week for payment of such an allowance or pension, that day shall thereafter remain the appropriate day for such payment in his case
.
12
In Schedule 9 (deductions from benefit and direct payment to third parties), in paragraph 1 (interpretation), in the definition of “specified benefit” —
a
for paragraph (a) there shall be substituted —
a
income support, which is either paid alone or paid together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period; and
; and
b
paragraph (b) shall be omitted.
13
In Schedule 9A (deductions of mortgage interest from benefit and payment to qualifying lenders), in paragraph 1 (interpretation), in the definition of “relevant benefits” —
a
for paragraph (a) there shall be substituted —
a
income support, which is either paid alone or paid together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period; and
; and
b
paragraph (b) shall be omitted.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988
14
In the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 , in regulation 16(8) (limitations on deductions from prescribed benefits), for the definition of “specified benefit” there shall be substituted —
“specified benefit” means —
a jobseeker’s allowance, or income support which is either paid alone or paid together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period; and
income support and, where paid to the beneficiary concurrently with income support in respect of any period but not in a combined payment, incapacity benefit, retirement pension or severe disablement allowance,
but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Social Security (Child Maintenance Bonus) Regulations 1996 .
.
Tax credits
15
Nothing in these Regulations shall affect the application of the Social Security (Claims and Payments) Regulations 1987 to working families' tax credit and disabled person’s tax credit.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
23rd September 2002


text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Registration Fee) Order 2002 and shall come into force on 1st September 2002.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“continued registration” means registration to be continued under paragraph 3(1) of Schedule 6 to the Act;
“registration” means registration under section 84(2)(a) or (b) of the Act;
“relevant advisers” means, in respect of —
an individual, that individual together with —
the number of employees of that individual who provide immigration advice or immigration services, excluding such employees who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and
the number of persons who provide immigration advice or immigration services who work under the supervision of that individual and his employees, excluding such persons who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies;
a body corporate or unincorporate —
the number of members and employees of that body who provide immigration advice or immigration services, excluding such members and employees who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies; and
the number of persons who provide immigration advice or immigration services who work under the supervision of such members and employees, excluding such persons who are qualified persons under sections 84(2)(c) to (f) of the Act, or who are persons to whom section 84(4) of the Act applies.
Fees for registration and continued registration
3
a
The fee payable by any person for registration shall be the fee in column 2 of the table in the Schedule to this Order which applies in respect of that person’s entry in column 1 of that table.
b
The fee payable by any person for continued registration shall be the fee in column 3 of that table which applies in respect of that person’s entry in column 1 of that table.
c
A person’s entry in column 1 of that table shall be determined by reference to the number of relevant advisers in respect of that person at the date of his application for registration.
Revocation
4
The Immigration Services Commissioner (Registration Fee) Order 2000 is hereby revoked.
Beverley Hughes
Minister of State
Home Office
30th July 2002


text:
Title, extent, commencement
1
1
This Order may be cited as the Animal Gatherings (Interim Measures) (England) (Amendment) Order 2002 and extends to England only.
2
This Order shall come into force on 15th May 2002.
Interpretation
2
— In this Order —
a
“the principal Order ” means the Animal Gatherings (Interim Measures) (England) Order 2002 ; and
b
“equipment” shall include pens and hurdles.
Amendment of article 2
3
1
Article 2 of the principal Order shall be amended in accordance with the provisions of this article.
2
The words “, unless the context otherwise requires” shall be deleted.
3
In paragraph (e) the words “in the case of store cattle,” shall be deleted.
Amendment of Paragraph 2 of the Schedule
4
Paragraph 2 of the Schedule shall be replaced by the following paragraph —
2
Once the last animal at an animal gathering has left the premises, no person shall —
a
subject to paragraph 3 below, allow animals onto those premises until the cleansing of visible contamination on all equipment to which the animals at the gathering had access has been completed; or
b
remove from those premises any equipment to which animals at the gathering had access unless —
i
the cleansing of visible contamination referred to in sub-paragraph (a) above has been completed on the equipment to be removed and a period of 28 days has elapsed since its completion; or
ii
the equipment to be removed has been swept or scraped clean, cleansed by washing and an approved disinfectant applied in accordance with manufacturers instructions.
Amendment of paragraph 6 of the Schedule
5
— In paragraph 6 of the Schedule for the words “(for a reason other than the presence of animals there)” there shall be substituted the following —
, following the last occasion on which the premises were cleansed and disinfected in accordance with paragraphs 4 and 5 above,
.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th May 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Authorities (Selection Panel) (Amendment) Regulations 2002 and shall come into force on 10th June 2002.
2
These Regulations extend to England and Wales only.
Interpretation
2
In these Regulations “the 1994 Regulations ” means the Police Authorities (Selection Panel) Regulations 1994 .
Amendments to the 1994 Regulations
3
In regulation 4(2)(d)(i) of the 1994 Regulations the words “and (except in the case of the Metropolitan Police Authority) under 70” shall be omitted.
4
In regulation 6(5) of the 1994 Regulations the following sub-paragraph shall be inserted in the appropriate place:
ba
the member of the panel who is not present has died; or
.
John Denham
Minister of State
Home Office
7th May 2002


text:
Citation and commencement
1
These Regulations may be cited as the International Transport of Goods under Cover of TIR Carnets (Fees) (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
Increases in fees
2
1
The International Transport of Goods under Cover of TIR Carnets (Fees) Regulations 1988 shall be amended as follows.
2
In the regulations specified in column 1 of the Table for the amounts specified in column 2 there shall be substituted the amounts specified in column 3.
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
3(i) £70 £72 3(ii) £433 £446 4 £10.50 £11 (in both places where it occurs) 5(i) £47 £48 5(ii) £68 £72
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
6th March 2002
We consent to the making of these Regulations
Nick Ainger
Tony McNulty
Two of the Lord’s Commissioners of Her Majesty’s Treasury
8th March 2002


text:
PART I
PRELIMINARY
Title, extent, commencement and cessation
1
1
This Order may be cited as the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002 and shall extend to England only.
2
This Order shall come into force on 6th September 2002 and shall cease to have effect on 1st February 2003.
Interpretation
2
1
In this Order —
“animal” means cattle (excluding bison and yak), deer, goats, sheep and swine;
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere and includes any place used, whether as a market or otherwise, for the sale or trading of animals but only where the animals being sold or traded are intended for immediate slaughter thereafter;
“ CPH number” means the county parish holding number assigned from time to time to any premises or part of any premises by the Department for Environment, Food and Rural Affairs;
“farm” means any holding on which pigs are kept for the purpose of breeding or fattening them;
“holding” means any establishment, construction or, in the case of an open air farm, any place in which animals are held, kept or handled;
“identification mark” means a mark complying with article 5;
“identification number of the holding” means the numeric code which is allotted to the holding by the Secretary of State;
“keeper” means any person having care and control of pigs even on a temporary basis but not including any person who is only a keeper because he is transporting the animals;
“market” means a market place or sale-yard or any other premises or place to which animals are brought from other places and exposed for sale; and includes any place adjoining those premises used by visitors to the market for parking vehicles and any lairage adjoining a market and used in connection with it;
“slaughterhouse” has the meaning given in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ; and
“sole occupancy group” has the meaning given in the Disease Control (Interim Measures) (England) (No. 2) Order 2002 .
2
It shall be sufficient compliance with any provision of this Order requiring or permitting the making of an application, the issue of a licence, notice or authority, the depositing of a document or the sending or giving of a document to effect this by means of a facsimile transmission service.
PART II
RECORDS AND IDENTIFICATION OF PIGS RECORDS OF PIGS
Records and notifications of holdings
3
1
The owner or keeper of any pig on a holding shall notify in writing the Divisional Veterinary Officer for the area in which the holding is situated of —
a
the address of the holding;
b
the name and address of the owner or occupier of the holding;
c
the identification number of the holding (if known to the person giving the notification); and
d
the species of any animal kept on the holding.
2
In the case of a holding established after this Order comes into force, the obligation imposed by paragraph (1) shall be complied with within one month of the establishment of the holding.
3
Within one month of any change being made in the notified particulars or of any addition to the information referred to in paragraph (1), the owner or keeper of any pig on a holding shall in writing notify the Divisional Veterinary Officer of the change or the addition.
4
The owner or keeper of a pig on a holding shall give the notified particulars to an inspector if requested to do so.
5
In this article “Divisional Veterinary Officer” means the veterinary inspector appointed as such by the Secretary of State for the area in which the holding is situated.
Records of pigs
4
1
The owner or keeper of a pig on a holding shall make and maintain a record —
a
in the form set out in Schedule 1 in respect of each movement of pigs to or from the holding; and
b
of the maximum number of pigs ordinarily present on the holding (revised at least annually).
2
In the case of any person who sells any pig (whether by auction or by private treaty) on premises used as a market of pigs by auction, he shall (in addition to the records required by paragraph (1) above) make and retain a written record of the name and address of the vendor and purchaser of each lot of pigs, and the number of the pen or pens in which each lot was held.
3
Every record under this article shall —
a
be made within 36 hours after the movement or sale recorded; and
b
be retained by the owner or keeper of the pig or owner or person in charge of the holding for a period of three years from the end of the year in which the last entry was made.
4
Any person who is for the time being in charge of any record required to be kept under this article shall, on demand made by an inspector at any reasonable hour, produce the record and allow a copy to be made of it.
5
Where a record required to be made under this article is made in electronic or magnetic form, references in paragraph (4) —
a
to production of the record are, if the inspector so requires, references to its production in written form; and
b
to taking of extracts or copies of the record, are references to the taking thereof in written form.
IDENTIFICATION OF PIGS
Identification marks
5
1
No person shall move a pig with a view to its being moved to a place outside Great Britain unless, before the movement commences, it is marked with an identification mark (which shall be legible for the life of the pig to which it is applied) in the form of an ear tag or of a tattoo.
2
The identification mark referred to in paragraph (1) —
a
shall comprise the country code “ UK ” and the herd mark of the holding on which the mark is applied; and
b
shall include a distinctive number allotted to the pig by the owner or keeper of it prefixed, in the case of an ear tag, by the letter “P”.
3
It shall not be lawful to move a pig from a holding (other than with a view to it being moved outside Great Britain) unless, before the movement commences, it is marked —
a
in the case of a pig moving to an exhibition or show or for breeding purposes and which is intended to be returned to the premises from which it is moved, with an identification mark comprising the herd mark of the holding on which the mark is applied and a unique individual identification number allotted to the pig by the owner or keeper of it; or
b
in all other cases —
i
with an identification mark which complies with paragraph (2) or (3)(a); or
ii
with an identification mark which will last at least until the pig reaches its destination and which, either by itself or by reference to a document accompanying the pig during the movement, enables the holding from which the pig was last moved to be identified.
4
Save in accordance with an authority issued by a veterinary inspector, it shall not be lawful for any person —
a
to remove from a pig an identification mark which has been applied or attached to it in accordance with the foregoing provisions of this article; or
b
to replace an identification mark applied or attached to a pig in accordance with those provisions otherwise than in replacement of one which has become illegible or which has been lost.
Ear tags
6
1
No person shall attach an identification mark to a pig in the form of an ear tag unless the ear tag satisfies the provisions of paragraph (2); and in this Order references to an ear tag are to an ear tag which satisfies those provisions.
2
An ear tag shall be so constructed as —
a
not adversely to affect the well-being of the pig to which it is attached;
b
to be incapable of being altered in such a way that the fact of alteration cannot be readily observed; and
c
to be incapable of re-use.
PART III
MOVEMENT OF PIGS
Prohibition on certain movements of pigs
7
— No person shall —
a
move or cause to be moved a pig from a market or collecting centre to another market or collecting centre (other than a collecting centre for pigs intended for immediate slaughter);
b
move a pig to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there;
c
remove a pig from a slaughterhouse except after slaughter; or
d
return a pig to a farm from a market for pigs intended for immediate slaughter.
Restriction on movement of pigs within 20 days of a previous movement
8
1
Subject to the following provisions of this article, whenever any animal has been moved to any premises, no person shall move any pig from those premises (or any other premises in the same sole occupancy group) before the expiry of a period of 20 days from the day on which the animal first referred to was delivered to those premises.
2
The restriction contained in paragraph (1) shall not apply in any of the cases set out in article 3(2) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002.
3
Notwithstanding the prohibition in paragraph (1), no account shall be taken of the following movements —
a
any movement referred to in article 3(3) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002; or
b
movement of a pig intended for breeding or growing from a source approved by the Secretary of State onto any premises, when such movement is authorised in accordance with conditions set out in writing by a veterinary inspector.
Regulation of movement of pigs (other than pet pigs)
9
1
Without prejudice to articles 7 and 8, no person shall move or cause to be moved a pig (other than a pig that is kept solely as a pet) from any premises, unless it is accompanied by a document signed by the owner of the pig or his agent and which specifies —
a
the address including postcode and CPH number of the premises from, and to which the pig is being moved;
b
the date on which the movement is taking place;
c
the number of pigs that the document covers;
d
the identification mark of each of the pigs being moved; and
e
in the case of a movement from a market, the lot numbers of the pigs being moved.
2
When the pigs arrive at their destination, the person moving the pigs shall give the document referred to in paragraph (1) to the keeper at the premises of destination who shall retain it for a period of 6 months.
3
The keeper at the premises of destination shall, within 3 days of the arrival of pigs, send a copy of the document referred to in paragraph (1) to the local authority for the area in which the premises of destination are situated.
4
The keeper of a pig being moved to premises outside Great Britain shall send a copy of the document referred to in paragraph (1) to the Local Authority for the area in which the premises from which the pigs are being moved, are situated.
Regulation of movement of pet pigs
10
1
Subject to paragraph (3), no person shall move, or cause to be moved from any premises, a pig kept solely as a pet, except under the authority of a licence issued under this article and in the form set out in Schedule 2.
2
Paragraph (1) shall not apply where the pig is being moved temporarily from the premises for the purpose of emergency veterinary treatment.
3
A licence under this article may be issued by an inspector of the local authority for the area in which the movement commences or by an inspector of the Secretary of State.
Regulation of sales of pigs
11
1
No person shall hold a sale of pigs on a farm except in accordance with a licence issued by an inspector of the local authority for the area in which the farm is situated.
2
A licence under paragraph (1) above shall not be issued, and a sale shall not be held, unless —
a
the sale will comprise only pigs forming the whole or part of the standing herd of that farm; and
b
no animals (other than animals moved on to the farm in accordance with the provisions of article 3(3) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002) have been moved on to that farm on the day of sale or within a period of 20 days preceding the day of sale.
Provisions as to licences, etc.
12
1
Any licence under this Order shall be issued only on application and shall be valid only for the period stated in it.
2
Any licence, notice or authority under this Order shall be in writing and —
a
shall be subject to such conditions as are specified in it; and
b
may be varied, suspended or revoked by the issuing authority, by notice given to the person to whom it was issued but without prejudice to anything done or omitted to be done before any such variation, suspension or revocation takes effect.
3
Where this Order refers to a form which appears in a Schedule to this Order that reference shall be taken to include a form substantially to the like effect.
PART IV
MISCELLANEOUS
Enforcement
13
— The provisions of this Order shall, except where otherwise provided, be executed and enforced by the local authority.
Revocations etc.
14
1
The Pigs (Records, Identification and Movement) (Interim Measures) (England) Order 2002 is revoked.
2
The Pigs (Records, Identification and Movement) Order 1995 shall cease to have effect whilst this Order is in force.
Forms
15
— Notwithstanding article 9 of the Animals (Miscellaneous Provisions) Order 1927 , the local authority may provide and supply printed copies of any document or form required under this Order.
Elliot Morley
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
Signed at: 5.15 pm on: 16th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust (Establishment) and the Lifespan Health Care Cambridge National Health Service Trust and the North West Anglia Health Care National Health Service Trust (Dissolution) Order 2002 and subject to paragraph (2), shall come into force on 8th March 2002.
2
Article 8 shall come into force on 1st April 2002.
3
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) of (1A) of that Act ;
“establishment date” means the date this order comes into force;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Cambridgeshire and Peterborough Mental Health Partnership National Health Service Trust established by article 2 of this Order.
Establishment and name of trust
2
There is established an NHS trust which shall be called the Cambridgeshire and Peterborough National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services for the purposes of the health service at or from Ida Darwin Hospital, Fulbourn, Cambridgeshire, CB1 5EE, and at or from Edith Cavell Hospital, Bretton Gate, Peterborough, Cambridgeshire, PE3 9GZ.
and at or from any associated hospitals, establishments and facilities.
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
Directors of the trust
4
1
The trust shall have in addition to the chairman 5 non-executive directors and 5 executive directors.
2
One of the non-executive directors shall be appointed from the University of Cambridge.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between the establishment date and the operational date the trust shall have the functions of doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment.
Assistance by Health Authorities before operational date
7
The Cambridgeshire Health Authority shall discharge the liabilities of the trust incurred between the establishment date and the operational date which are reasonably incurred by the trust for the purpose of enabling it to begin to carry out its functions with effect from the operational date, including —
a
liability for the remuneration and travelling or other allowances of the chairman and non- executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust.
Dissolution of NHS trusts
8
1
The Lifespan Health Care Cambridge National Health Service Trust established by the Lifespan Health Care Cambridge National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked .
2
The North West Anglia Health Care National Health Service Trust established by the North West Anglia Health Care National Health Service Trust (Establishment) Order 1992 is dissolved, and accordingly that Order is revoked .
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
27th February 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2002 and shall come into force —
a
for the purposes of regulation 3(a), on 28th October 2002;
b
for all other purposes, on 14th October 2002.
Amendment of the Income Support (General) Regulations 1987
2
In the Income Support (General) Regulations 1987 —
a
after paragraph 11 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted —
11A
Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc ) Regulations 2002 .
;
b
in paragraph 7 of Schedule 10 (capital to be disregarded) —
i
in sub-paragraph (a) for “, 9 or 9A” there shall be substituted “or 9”;
ii
at the beginning there shall be inserted “ — (1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs —
2
In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is —
a
paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 , and
b
received by the claimant in full on or after 14th October 2001,
sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of income support, for the remainder of that award if that is a longer period.
3
For the purposes of sub-paragraph (2), “the award of income support” means —
a
the award either of income support or of an income-based jobseeker’s allowance in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and
b
where that award is followed by one or more further awards which in each case may be either of income support or of an income-based jobseeker’s allowance and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant —
i
is the person who received the relevant sum, or
ii
is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or
iii
in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
In the Jobseeker’s Allowance Regulations 1996 —
a
in sub-paragraph (3A)(a) of paragraph 20J of Schedule 1 (applicable amounts) the words “beginning with” shall be omitted;
b
after paragraph 12 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted —
12A
Any payment made to the claimant by way of repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002 .
;
c
in paragraph 12 of Schedule 8 (capital to be disregarded) at the beginning there shall be inserted “ — (1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs —
2
In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is —
a
paid in order to rectify, or to compensate for, an official error as defined in regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999, and
b
received by the claimant in full on or after 14th October 2001,
sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of an income-based jobseeker’s allowance, for the remainder of that award if that is a longer period.
3
For the purposes of sub-paragraph (2), “the award of an income-based jobseeker’s allowance” means —
a
the award either of an income-based jobseeker’s allowance or of income support in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and
b
where that award is followed by one or more further awards which in each case may be either of an income-based jobseeker’s allowance or of income support and which, or each of which, begins immediately after the end of the previous award, such further awards until the end of the last such award, provided that for any such further awards the claimant —
i
is the person who received the relevant sum, or
ii
is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death, or
iii
in the case of a joint-claim jobseeker’s allowance, is a joint-claim couple either member or both members of which received the relevant sum.
.
Amendment of the Housing Benefit (General) Regulations 1987
4
In the Housing Benefit (General) Regulations 1987 —
a
in paragraph 10 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted —
10A
Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002 .
;
b
in paragraph 8 of Schedule 5 (capital to be disregarded) at the beginning there shall be inserted “ — (1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs —
2
In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is —
a
paid in order to rectify, or to compensate for, an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations , and
b
received by the claimant in full on or after 14th October 2001,
sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of housing benefit, for the remainder of that award if that is a longer period.
3
For the purposes of sub-paragraph (2), “the award of housing benefit” means —
a
the benefit period in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and
b
where that period is followed by one or more further benefit periods which, or each of which, begins immediately after the end of the previous benefit period, such further benefit periods until the end of the last such benefit period, provided that for any such further benefit periods the claimant —
i
is the person who received the relevant sum, or
ii
is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
5
In the Council Tax Benefit (General) Regulations 1992 —
a
in paragraph 10 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) the following paragraph shall be inserted —
10A
Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002 .
;
b
in paragraph 8 of Schedule 5 (capital to be disregarded) at the beginning there shall be inserted “ — (1) Subject to sub-paragraph (2),” and at the end there shall be added the following sub-paragraphs —
2
In a case where the total of any arrears and, if appropriate, any concessionary payment referred to in sub-paragraph (1) relating to any one of the specified payments, benefits or allowances amounts to £5,000 or more (referred to in this sub-paragraph and in sub-paragraph (3) as the “relevant sum”) and is —
a
paid in order to rectify, or to compensate for, an official error as defined in regulation 1(2) of the Decisions and Appeals Regulations, and
b
received by the claimant in full on or after 14th October 2001,
sub-paragraph (1) shall have effect in relation to such arrears or concessionary payment either for a period of 52 weeks from the date of receipt, or, if the relevant sum is received in its entirety during the award of council tax benefit, for the remainder of that award if that is a longer period.
3
For the purposes of sub-paragraph (2), “the award of council tax benefit” means —
a
the benefit period in which the relevant sum (or first part thereof where it is paid in more than one instalment) is received, and
b
where that period is followed by one or more further benefit periods which, or each of which, begins immediately after the end of the previous benefit period, such further benefit periods until the end of the last such benefit period, provided that for any such further benefit periods the claimant —
i
is the person who received the relevant sum, or
ii
is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death.
.
Signed by authority of the Secretary of State for Work and Pensions
Ian McCartney
Minister of State,
Department for Work and Pensions
17th September 2002


text:
1
This Order may be cited as the A44 London to Aberystwyth Trunk Road (A34 Peartree Roundabout to A40 Wolvercote Roundabout) (Detrunking) Order 200 , and shall come into force on 30th March 2002.
2
In this Order —
i
“principal” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A44 London to Aberystwyth Trunk Road (A44)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies Oxfordshire County Council that they will become the highway authority responsible for that length of road.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
W S C Wadrup
A Divisional Director Highways Agency
4th February 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Attendance Allowance and Disability Living Allowance) (Amendment) (No. 2) Regulations 2002 and shall come into force on 1st July 2002.
Amendment of the Social Security (Attendance Allowance) Regulations 1991
2
In paragraph (5) of regulation 7 of the Social Security (Attendance Allowance) Regulations 1991 (persons in certain accommodation other than hospitals) after sub-paragraph (f) add —
; or
nursing care provided by (or the provision of which is secured by) a local authority for which the local authority are not to charge by virtue of section 1 of the Community Care and Health (Scotland) Act 2002 .
.
Amendment of the Social Security (Disability Living Allowance) Regulations 1991
3
In paragraph (6) of regulation 9 (persons in certain accommodation other than hospitals) of the Social Security (Disability Living Allowance) Regulations 1991 after sub-paragraph (f) add —
; or
nursing care provided by (or the provision of which is secured by) a local authority for which the local authority are not to charge by virtue of section 1 of the Community Care and Health (Scotland) Act 2002.
.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd May 2002


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the North Stoke Primary Care Trust (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the Principal Order ” means the North Stoke Primary Care Trust (Establishment) Order ; and
“ the trust ” means the trust established by the Order.
Amendment of the Schedule to the Principal Order
2
1
The Schedule to the Order shall be amended in accordance with the following paragraphs.
2
In the entry for the City of Stoke on Trent, there shall be inserted after “Berryhill”, “Brookhouse”.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
26th March 2002


text:
1
This Instrument may be cited as “The Staffordshire County Council (Trent and Mersey Canal) Temporary Bridge Scheme 2001 Confirmation Instrument 2002” and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Staffordshire County Council (Trent and Mersey Canal) Temporary Bridge Scheme 2001 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the scheme with its accompanying plan are deposited at the offices of the Department for Transport, Local Government and the Regions, Great Minister House, 76 Marsham Street, London SW1P 4DR, and at the offices of Staffordshire County Council, PO Box 11, County Buildings, Martin Street, Stafford, ST16 2LH.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
J. Blackie
Regional Director Government Office for the North East
4th July 2002


text:
1
This Order may be cited as the Capital Gains Tax (Annual Exempt Amount) Order 2002.
2
The amount specified, which by virtue of section 3 of the Taxation of Chargeable Gains Act 1992 is, unless Parliament otherwise determines, the exempt amount for the year 2002-03, is £7,700.
Tony McNulty
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
15th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxfordshire Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Oxfordshire Health Authority ;
“the new Trusts” means the Oxfordshire Mental Healthcare National Health Service Trust , the South West Oxfordshire Primary Care Trust and the Oxford Radcliffe Hospitals National Health Service Trust ;
“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1) to (3) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Oxfordshire Mental Healthcare National Health Service Trust and signed on behalf of the old Trust on 10th December 2001 and on behalf of the Oxfordshire Mental Healthcare National Health Service Trust on 11th December 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Oxfordshire Mental Healthcare National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the South West Oxfordshire Primary Care Trust and signed on behalf of the old Trust on 10th December 2001 and on behalf of the South West Oxfordshire Primary Care Trust on 11th December 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the South West Oxfordshire Primary Care Trust.
3
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Oxford Radcliffe Hospitals National Health Service Trust and signed on behalf of both the old Trust and the Oxford Radcliffe Hospitals National Health Service Trust on 10th December 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Oxford Radcliffe Hospitals National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
1
This Order may be cited as the School Teachers' Remuneration Order 2002 and shall come into force on 1st September 2002.
2
In this Order —
“authority” means a local education authority; and
“Excellence Fellowship” means a project agreed by a school and a higher education institution to enable teachers to encourage pupils at the school to undertake higher education courses.
3
For the purposes of the School Teachers' Pay and Conditions Act 1991, a personal bonus payment made by a governing body of a school maintained by an authority to a school teacher who undertakes an Excellence Fellowship shall not be regarded as remuneration.
David Miliband
Minister of State,
Department for Education and Skills
8th August 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Cattle Database (Amendment) (England) Regulations 2002; they extend to England and shall come into force on 11th February 2002.
Amendment to the Cattle Database Regulations 1998
2
In so far as they extend to England, the Cattle Database Regulations 1998 are amended by substituting for the number “7” in regulation 7(e) the number “3”.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
21st January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northamptonshire Heartlands Primary Care Trust (Establishment) Order 2002 and shall come into force on 27th 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 Northamptonshire Heartlands 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 27th March 2002 a Primary Care Trust to be called the Northamptonshire Heartlands Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Northamptonshire 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 of 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 Northamptonshire 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
18th March 2002


text:
1
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the 1988 Act ” means the Dartford–Thurrock Crossing Act 1988 ;
ii
“ the plan ” means the plan numbered HA10/OD/243, marked “The A282 Trunk Road (Dartford–Thurrock Crossing Charging Scheme) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
iii
“ military vehicle ” means a vehicle used for naval, military or air force purposes, while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown.
2
From the date when tolls ceases to be leviable under section 16 of the 1988 Act by the person appointed under section 11 of that Act, the highway described in Schedule 1 to this Order and indicated on the plan shall become subject to the charging regime set out in Schedule 2. The Secretary of State shall give notice by publication in the London Gazette not less than 14 days in advance of the date when tolls cease to be leviable under this article.
3
The charging regime set out in Schedule 2 to this Order may be amended by the Secretary of State in the time and manner set out in Schedule 3 to this Order.
4
The charging regime shall apply to all classes of motor vehicles using the highway described in Schedule 1 to this Order with the exception of those motor vehicles set out in Schedule 4 to this Order.
5
1
The Secretary of State or his agent may enter into agreements (“composition agreements”) under which persons compound in advance, on such terms as may be provided by the agreement, for the payment of charges in respect of the use of the length of highway described in Schedule 1, by them, by other persons or by any vehicles.
2
A composition agreement may relate to use on such number of occasions or during such period as may be provided by the agreement.
3
Composition agreements offered by the Secretary of State or his agent to persons seeking to compound in advance for the payment of charges must be offered on the same terms with respect to the same description of use of the length of highway described in Schedule 1 to all persons seeking so to compound in respect of use of that description.
6
Nothing in this Order shall prevent the Secretary of State from suspending this Order at any time when such suspension is considered reasonably necessary for the purpose of facilitating the movement of traffic or promoting its safety or in the interests of the safety of the public.
7
This Order may be cited as the A282 Trunk Road (Dartford–Thurrock Crossing Charging Scheme) Order2002 and shall come into force on 19th April 2002 whereafter it will remain in force indefinitely.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Jim Boud
A Divisional Director Highways Agency
4th April 2002