text:
PART 1
GENERAL
Citation and commencement
1
These Regulations may be cited as the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002, and come into force —
a
for the purpose of enabling the Authority to make rules, on 18th July 2002;
b
otherwise, on 21st August 2002.
Interpretation
2
1
In these Regulations —
“the 2000 Act ” means the Financial Services and Markets Act 2000;
“authorised incoming provider” means an incoming provider who is an authorised person within the meaning of the 2000 Act;
“the Authority” means the Financial Services Authority;
“commercial communication” means a communication, in any form, designed to promote, directly or indirectly, the goods, services or image of any person pursuing a commercial activity or exercising a regulated profession, other than a communication —
consisting only of information allowing direct access to the activity of that person, including a geographic address, domain name or electronic mail address; or
relating to the goods, services or image of that person provided that the communication has been prepared independently of the person making it (and for this purpose, a communication prepared without financial consideration is to be taken to have been prepared independently unless the contrary is shown);
“ the Commission ” means the Commission of the European Communities;
“consumer” means any individual who is acting for purposes other than those of his trade, business or profession;
“country of origin” in relation to an incoming electronic commerce activity means the EEA State in which is situated the establishment from which the information society service in question is provided;
“criminal conduct” means conduct which constitutes an offence in any part of the United Kingdom, or would constitute an offence in any part of the United Kingdom if it occurred there;
“direction” means a direction made, or proposed to be made, by the Authority under regulation 6;
“ EEA regulator ” means an authority in an EEA State other than the United Kingdom which exercises any function of a kind mentioned in section 195(4) of the 2000 Act;
“EEA State” means a State which is a contracting party to the agreement on the European Economic Area signed at Oporto on 2 May 1992 , as adjusted by the Protocol signed at Brussels on 17 March 1993 ;
“ electronic commerce directive ” means Directive 2000/31/ EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce) ;
“financial instrument” includes an investment of a kind specified by any of articles 76 to 85 of the Regulated Activities Order ;
“incoming electronic commerce activity” means an activity —
which consists of the provision of an information society service from an establishment in an EEA State other than the United Kingdom to a person or persons in the United Kingdom, and
which would, but for article 72A of the Regulated Activities Order (and irrespective of the effect of article 72 of that Order), be a regulated activity within the meaning of the 2000 Act;
“incoming provider” means a person carrying on an incoming electronic commerce activity;
“information society service” means an information society service within the meaning of Article 2(a) of the electronic commerce directive;
“investment” means an investment of a kind specified by any provision of Part III of the Regulated Activities Order;
“Regulated Activities Order” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 ;
“regulated profession” means any profession within the meaning of —
Article 1(d) of Directive 89/48/ EEC of the Council of the European Communities of 21 December 1988 on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration , or
Article 1(f) of Directive 92/51/EEC of the Council of the European Communities of 18 June 1992 on a second general system for the recognition of professional education and training to supplement Directive 89/48/EEC ;
“relevant EEA regulator”, in relation to a direction, means the EEA regulator in the country of origin of the incoming electronic commerce activity to which the direction does, or would if made, relate, and which is responsible in that country for the regulation of that activity;
“rule” means a rule made by the Authority under the 2000 Act;
“ Tribunal ” means the Financial Services and Markets Tribunal referred to in section 132 of the 2000 Act;
“ UCITS Directive ” means Directive 85/611/EEC of the Council of the European Communities of 20 December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities ;
“UCITS Directive scheme” means an undertaking for collective investment in transferable securities which is subject to the UCITS Directive, and has been authorised in accordance with Article 4 of that Directive;
“unauthorised incoming provider” means an incoming provider who is not an authorised person within the meaning of the 2000 Act.
2
A reference in these Regulations to a requirement imposed by the Authority under these Regulations is a reference to —
a
a requirement (including a requirement that a person no longer carry on an incoming electronic commerce activity) imposed by a direction; or
b
a requirement imposed by a rule applicable to incoming providers in accordance with regulation 3(4).
3
For the purposes of these Regulations —
a
an establishment, in connection with an information society service, is the place at which the provider of the service (being a national of an EEA State or a company or firm as mentioned in Article 48 of the treaty establishing the European Community) effectively pursues an economic activity for an indefinite period;
b
the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute that place as an establishment of the kind mentioned in sub-paragraph (a);
c
where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the provider has the centre of his activities relating to the service;
d
a communication by electronic mail is to be regarded as unsolicited, unless it is made in response to an express request from the recipient of the communication.
PART 2
MODIFICATION OF FUNCTIONS OF THE FINANCIAL SERVICES AUTHORITY
Consumer contract requirements: modification of rule-making power
3
1
The power to make rules conferred by section 138 of the 2000 Act is to be taken to include a power to make rules applying to unauthorised incoming providers.
2
In consequence of paragraph (1) —
a
any reference in sections 138(4), (5) and (7) to (9), 148, 150 and 156 of the 2000 Act to an authorised person includes a reference to an unauthorised incoming provider;
b
any reference in those sections to a regulated activity includes a reference to an incoming electronic commerce activity.
3
For the purpose of the exercise by the Authority of the power conferred by section 138 of the 2000 Act to make rules applying to incoming providers with respect to the carrying on by them of incoming electronic commerce activities, subsections (7) and (9) of that section have effect as if the reference to “person” where first occurring were a reference to an individual acting for purposes other than those of his trade, business or profession.
4
Rules made by the Authority under section 138 of the 2000 Act do not apply to incoming providers with respect to the carrying on by them of incoming electronic commerce activities unless they —
a
impose consumer contract requirements;
b
apply with respect to communications that constitute an advertisement by the operator of a UCITS Directive scheme of units in that scheme; or
c
relate to the permissibility of unsolicited commercial communications by electronic mail.
5
A consumer contract rule may provide that conduct engaged in by a person to whom the rule applies, and which is in conformity with a provision corresponding to the rule made by a body or authority in an EEA State other than the United Kingdom, is to be treated as conduct in conformity with the rule.
6
“Consumer contract requirement” means a requirement —
a
that information of a kind referred to in regulation 4 be provided to a consumer before he enters into a contract for the provision of one or more information society services, or
b
as to the manner in which such information is to be provided.
7
“Consumer contract rule” means a rule made by the Authority under section 138 of the 2000 Act which imposes a consumer contract requirement on incoming providers.
Consumer contract requirements: information
4
The information which may be the subject of a consumer contract requirement is —
a
the identity and description of the main business of the other party to the proposed contract (“the supplier”), the geographic address at which the supplier is established, and any other geographic address relevant to the consumer’s relations with the supplier;
b
if the supplier has a representative established in the consumer’s country of residence with whom the consumer is to have dealings, the identity and geographic address of the representative, and any other geographic address relevant to the consumer’s relations with the representative;
c
if the consumer is to have dealings with any professional person in connection with the contract, the identity of that person, a statement of the capacity in which he is to act, and the geographic address relevant to the consumer’s relations with him;
d
if the supplier is registered on any public register in connection with the carrying on of his business (or such of his business as is relevant to the contract), the name of that register, and any registration number or other means of identifying the relevant entry on the register;
e
if the carrying on of the supplier’s business (or such of it as is relevant to the contract) is subject to a requirement that he be authorised by a person or body in order to carry it on, the name and geographic address of that person or body;
f
a description of the main features of the service or services to which the contract relates;
g
either —
aa
the total price to be paid by the consumer under the contract, including all related fees, charges and expenses, and all taxes paid by or through the supplier (in so far as these are reflected in the total price); or
bb
if the total price cannot be given, the basis for the calculation of the total price, in a form enabling the consumer to verify the total price when calculated by the supplier;
h
where the service to be provided under the contract relates to one or more financial instruments —
aa
if the instruments are subject to special risks relating to their specific features or operations to be executed in relation to them, notice of the existence of those risks,
bb
if the price of the instruments is subject to fluctuation depending on market conditions outside the supplier’s control, notice of that fact, and
cc
notice that movements in the price of the instruments in the past are not necessarily an indicator of future performance;
i
notice of the possibility that taxes or other costs may exist which are not imposed or paid by or through the supplier;
j
the arrangements for payment under, and the performance of, the contract;
k
any specific additional cost imposed by the supplier on the consumer in relation to the consumer’s use of the means for concluding the contract or communicating with the supplier;
l
the existence or absence of any legal right of the consumer to withdraw from the contract after it has been entered into, the conditions attached to the exercise of any such right, and the consequences for the consumer of not exercising it;
m
where the contract relates to services to be performed on an indefinite or recurrent basis, the minimum duration of the contract;
n
any rights of the consumer or the supplier to terminate the contract in accordance with one of its express terms, any contractual penalties which may apply in that event, and the procedure to be followed by the consumer in that event (including the address to which any notification of withdrawal from the contract should be sent);
o
the state or states whose laws are taken by the supplier as a basis for the establishment of relations with the consumer before the contract is concluded;
p
any express term in the contract relating to the law governing it, or to the jurisdiction of courts;
q
the language or languages in which the supplier —
aa
proposes to offer the terms of, and information concerning, the contract, and
bb
undertakes (with the agreement of the consumer) to communicate with the consumer during the existence of the contract;
r
whether any mechanism other than redress through a court (including guarantee funds and compensation schemes and arrangements) is available to the consumer in relation to matters arising in connection with the contract, and if so, the procedure to be followed by the consumer in order to gain access to it;
s
any limitations, of which the supplier could reasonably be taken to be aware, of the period for which any information referred to in paragraphs (a) to (r) will be valid.
Application of certain rules
5
Rules made by the Authority under section 140 or 141 of the 2000 Act do not apply to incoming providers to the extent that they specify an activity which is an incoming electronic commerce activity.
PART 3
ARTICLE 3.4 OF THE ELECTRONIC COMMERCE DIRECTIVE
Direction by Authority
6
1
If the policy conditions and the procedural conditions are met, the Authority may direct that an incoming provider may no longer carry on a specified incoming electronic commerce activity, or may only carry it on subject to specified requirements.
2
A direction —
a
must be in writing;
b
has effect from —
i
a specified date (which may be the date on which it is made); or
ii
if no date is specified, the date on which the direction is no longer open to review;
c
must include a statement to the effect that the person to whom it applies may refer the matter to the Tribunal;
d
may have effect for a specified period, until the occurrence of a specified event, until specified conditions are met, or for an indefinite period.
3
The requirements referred to in paragraph (1) may include the requirement that the person to whom the direction applies must comply with one or more rules (with such modifications (if any) as may be specified) with respect to the carrying on by him of an incoming electronic commerce activity.
4
If a requirement of a kind mentioned in subsection (3) of section 48 of the 2000 Act is specified in a direction, the requirement has the same effect in relation to the person to whom the direction applies as it would have if it had been imposed on that person by the Authority acting under section 45 of that Act.
5
Contravention of a specified requirement does not make a person guilty of an offence, or make any transaction void or unenforceable.
6
Contravention of a specified requirement by an incoming provider is actionable at the suit of a person who suffers loss as a result of the contravention, subject to —
a
the defences and other incidents applying to actions for breach of statutory duty; and
b
the conditions mentioned in regulation 7(2) of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 (“the Rights of Action Regulations”).
7
For the purposes of paragraph (6)(b), the reference in regulation 7(2)(b) of the Rights of Action Regulations to a Part XIII financial resources requirement is to be taken to include a reference to a specified requirement to have or maintain financial resources.
8
For the purposes of this regulation, a direction is no longer open to review if any of the conditions in section 391(8) (a) to (d) of the 2000 Act are satisfied.
9
In this regulation, “specified” in relation to a direction means specified in the direction.
Policy conditions
7
The policy conditions are that —
a
the Authority considers —
i
the making of the direction to be necessary for —
aa
the prevention, investigation, detection or prosecution of criminal conduct;
bb
the protection of consumers; or
cc
other reasons of public policy relevant to the regulatory objectives set out in Part I of the 2000 Act; and
ii
that the carrying on of the incoming electronic commerce activity by the person to whom the direction is to apply prejudices, or presents a serious and grave risk of prejudice to, any of the objectives referred to in sub-paragraph (i); and
b
the direction appears to the Authority to be a proportionate means of achieving, or addressing the prejudice or risk of prejudice to, any of those objectives.
Procedural conditions
8
The procedural conditions are that —
a
the Authority has requested the relevant EEA regulator to take measures to remedy the situation giving rise to the request;
b
the relevant EEA regulator —
i
has not, within what appears to the Authority to be a reasonable time, taken such measures; or
ii
has taken such measures, but the measures appear to the Authority to be inadequate in the circumstances;
c
the Authority has notified the Commission and the relevant EEA regulator of its intention to make the direction; and
d
the Authority has notified the person to whom the direction is to apply of its proposal to make the direction, and afforded that person the opportunity to make representations to the Authority in such manner, and within such period, as the Authority may determine.
Urgent cases
9
1
If the case appears to the Authority to be one of urgency, it may make a direction regardless of whether the procedural conditions are met.
2
If the Authority makes a direction in reliance on paragraph (1), it must notify the Commission and the relevant EEA regulator as soon as possible that the direction has been made, and provide each of those bodies with a statement of its reasons for considering the case to be one of urgency.
Directions made under regulation 6
10
1
Subject to the following provisions of this regulation, the Authority may vary or revoke a direction by notice in writing to the person to whom the direction applies.
2
The Authority may vary or revoke a direction under this regulation on its own initiative, or on the application of the person to whom the direction applies.
3
If the Authority decides to refuse an application for the variation or revocation of a direction made under this regulation, it must notify the applicant in writing of its decision.
4
The Authority must not vary a direction on its own initiative under this regulation unless it has afforded the person to whom the direction applies the opportunity to make representations to the Authority in such manner, and within such period, as the Authority may determine.
5
Paragraph (4) does not apply if the case appears to the Authority to be one of urgency.
6
A decision by the Authority to vary a direction has effect from —
a
a date referred to in the notice given under paragraph (1) (which must not be earlier than the date on which the decision was made); or
b
if no such date is referred to, the date on which the decision was made.
7
If the case is one to which regulation 11(b) or (c) applies, a notice under paragraph (1) or (3) must include a statement to the effect that the person to whom the direction applies may refer the matter to the Tribunal.
8
If the Authority makes a direction it may publish, in such manner as it considers appropriate, such information about the matter to which the direction relates as it considers appropriate in furtherance of any of the objectives referred to in regulation 7(a)(i).
9
The Authority may not publish information under paragraph (8) if publication of it would, in the Authority’s opinion, be unfair to the person to whom the direction applies or prejudicial to the interests of consumers.
Referral to the Tribunal
11
If the Authority —
a
makes a direction;
b
varies a direction on its own initiative; or
c
decides to refuse an application for the variation or revocation of a direction,
the person to whom the direction applies may refer the matter to the Tribunal.
PART 4
ENFORCEMENT
Application of certain provisions of the 2000 Act
12
1
For the purposes of sections 205 to 209 and 384 of the 2000 Act, a requirement imposed by the Authority under these Regulations upon an authorised incoming provider is to be treated as imposed on him by or under that Act.
2
For the purposes of sections 380, 382 and 398 of, and paragraph 6 of Schedule 1 to, the 2000 Act, a requirement imposed by the Authority under these Regulations upon an incoming provider is to be treated as imposed on him by or under that Act.
3
Any reference in sections 165 to 168 and 176 of the 2000 Act to an authorised person includes a reference to an unauthorised incoming provider.
4
Any reference in sections 132 and 133 of the 2000 Act to that Act includes a reference to these Regulations.
5
The reference in section 168(4)(c) of the 2000 Act to a rule made by the Authority includes a reference to a requirement imposed by the Authority under these Regulations.
PART 5
AMENDMENT OF THE FINANCIAL SERVICES AND MARKETS ACT 2000
Amendment of sections 417 and 418 of the 2000 Act
13
1
The Financial Services and Markets Act 2000 is amended as follows.
2
In section 417 —
a
after the definition of “documents”, insert —
“electronic commerce directive” means Directive 2000/31/EC of the European Parliament and the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);
;
b
after the definition of “industrial and provident society”, insert —
“information society service” means an information society service within the meaning of Article 2(a) of the electronic commerce directive;
;
c
after subsection (3), insert —
4
For the purposes of this Act —
a
an information society service is provided from an EEA State if it is provided from an establishment in that State;
b
an establishment, in connection with an information society service, is the place at which the provider of the service (being a national of an EEA State or a company or firm as mentioned in Article 48 of the Treaty) effectively pursues an economic activity for an indefinite period;
c
the presence or use in a particular place of equipment or other technical means of providing an information society service does not, of itself, constitute that place as an establishment of the kind mentioned in paragraph (b);
d
where it cannot be determined from which of a number of establishments a given information society service is provided, that service is to be regarded as provided from the establishment where the provider has the centre of his activities relating to the service.
.
3
In section 418 —
a
in subsection (1), for “four” substitute “five”;
b
after subsection (5), insert —
5A
The fifth case is any other case where the activity —
a
consists of the provision of an information society service to a person or persons in one or more EEA States; and
b
is carried on from an establishment in the United Kingdom.
;
c
in subsection (6), for “(5)” substitute “(5A)”.
PART 6
MISCELLANEOUS AND CONSEQUENTIAL PROVISIONS
Disclosure of information
14
In any enactment that requires or permits the disclosure of information to or by the Authority, a reference (however expressed) to powers or functions conferred on the Authority by or under the 2000 Act includes, for the purposes of such disclosure, a reference to the Authority’s functions under these Regulations.
Notices
15
The Financial Services and Markets Act 2000 (Service of Notices) Regulations 2001 apply for the purposes of these Regulations as if any reference in those Regulations to “the Act” included a reference to these Regulations.
Amendment of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001
16
The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 are amended by inserting, after regulation 12A —
Electronic commerce
12B
The Authority may disclose information to which this Part applies for the purpose of publishing that information in accordance with regulation 10(8) of the Electronic Commerce Directive (Financial Services and Markets) Regulations 2002.
Functions of the Authority
17
For the purposes of the 2000 Act, a function conferred on the Authority by these Regulations is to be taken to be a function conferred on the Authority by or under that Act.
Rights of action
18
Regulation 3 of the Financial Services and Markets Act 2000 (Rights of Action) Regulations 2001 is amended by substituting, for “article 72 of the Regulated Activities Order (overseas persons)”, “article 72 (overseas persons) or 72A (information society services) of the Regulated Activities Order”.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
12th July 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sussex Weald and Downs National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Sussex Weald and Downs National Health Service Trust ;
“the new Trust” means the Worthing and Southlands Hospitals National Health Service Trust or the West Sussex Health and Social Care National Health Service Trust as the context requires;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Worthing and Southlands Hospitals National Health Service Trust and signed on behalf of the old Trust on 11th February 2002 and on behalf of the Worthing and Southlands Hospitals National Health Service Trust on 5th February 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Worthing and Southlands Hospitals National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the West Sussex Health and Social Care National Health Service Trust and signed on behalf of the old Trust on 11th February 2002 and on behalf of the West Sussex Health and Social Care National Health Service Trust on 25th March 2002, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the West Sussex Health and Social Care National Health Service Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
27th March 2002


text:
Citation and commencement
1
This Order may be cited as the Primary Care Trusts (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of Primary Care Trusts
2
Each of the Primary Care Trusts established by the Primary Care Trust (Establishment) Orders listed in the Schedule to this Order is dissolved and accordingly those Orders are revoked.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
26th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Wychavon (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Wychavon;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Wychavon (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Wychavon District Council.
Wards of the district of Wychavon
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-two wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bredon
4
The parish of Bredon shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Droitwich Spa
5
1
The existing wards of the parish of Droitwich Spa shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Droitwich Central, Droitwich East, Droitwich South East, Droitwich South West and Droitwich West; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each of the Droitwich East, Droitwich South East, Droitwich South West and Droitwich West parish wards shall be four and for the Droitwich Central parish ward shall be two.
Wards of the parish of Evesham
6
1
The existing wards of the parish of Evesham shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Bengeworth, Evesham North, Evesham South, Great Hampton and Little Hampton; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for the Evesham North parish ward shall be six, for each of the Bengeworth, Evesham South and Little Hampton parish wards shall be five and for the Great Hampton parish ward shall be three.
Maps
7
Wychavon District Council shall make a print of the map marked “Map referred to in the District of Wychavon (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The District of Wychavon (Electoral Arrangements) Order 1978 is revoked, save for article 5.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Rushmoor) Order 2002 and shall come into force on 5th June 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough of Rushmoor with the exception of the M3 motorway, together with all its on and off slip roads, for its entire length within the Borough of Rushmoor.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
14th May 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) (No. 2) Regulations 2002 and shall come into force on 25th July 2002.
2
These Regulations extend to England and Wales only.
3
For the purposes of paragraph (2), “England and Wales” includes the territorial waters adjacent to England and Wales.
Amendment of the Pollution Prevention and Control (England and Wales) Regulations 2000
2
1
The Pollution Prevention and Control (England and Wales) Regulations 2000 are amended as follows.
2
In the Table in paragraph 2(2) of Part 1 of Schedule 3, the words —
Section 6.4
Part A(1)
1st May to 31st July 2002
Part A(2)
1st May to 31st July 2003
are replaced by the words —
Section 6.4
Part A(1)
Paragraph (a)
1st January to 31st March 2007
Remaining paragraphs
1st May to 31st July 2002
Part A(2)
1st May to 31st July 2003
3
The amendments made by paragraph (2) shall not apply in relation to an existing Part A installation or existing Part A mobile plant in respect of which an application for a permit to operate the installation or mobile plant is duly made between 30th April 2002 and 25th July 2002.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
3rd July 2002


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (England) (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Amendment Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
3
In these Regulations the “ principal Regulations ” means the National Health Service (Pilot Schemes: Miscellaneous Provisions and Consequential Amendments) Regulations 1998 .
Amendment of principal Regulations
2
In regulation 5 of the principal Regulations (persons who may perform personal medical services), in paragraph (2) —
a
omit “and” at the end of sub-paragraph (a);
b
after sub-paragraph (b) add —
c
a person who has an acquired right to practise as a general medical practitioner under regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 .
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
6th March 2002


text:
Citation and interpretation
1
This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 3) Order 2002.
2
In this Order references to sections are references to sections of the Special Educational Needs and Disability Act 2001 save where the context specifies otherwise.
Appointed day
3
The 30th May 2002 is the day appointed for the coming into force of section 31 and, for the purpose of allowing the designation of educational institutions pursuant to sections 28R(6)(c) and 28R(7)(e) of the Disability Discrimination Act 1995 , of section 26.
Margaret Hodge
Minister of State,
Department for Education and Skills
29th May 2002


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Wear Valley Railway Order 2002 and shall come into force on 12th August 2002.
Interpretation
2
1
In this Order —
“the Company” means Weardale Railways Limited incorporated under the Companies Act 1985 as a company limited by guarantee and whose registered office is Stanhope Station, Bondisle Way, Stanhope, Bishop Auckland, DL13 2YS;
“protective equipment” includes gates, barriers, lights, traffic signs (within the meaning of section 64 of the Road Traffic Regulation Act 1984 ), manual, mechanical, automatic, electronic or telephonic equipment or other devices;
“Railtrack” means Railtrack PLC ;
“the railway” means so much of the railway of Railtrack (including the site of the railway) in the County of Durham described in and authorised by the Bishop Auckland and Weardale Railway Act 1837 , the Wear Valley Railway Act 1845 , the Stockton and Darlington Railway Amalgamation Act 1858 , the Frosterly and Stanhope Railway Act 1861 , the Frosterley and Stanhope Railway Act 1862 , the Wear Valley Extension Railway Act 1892 and the North Eastern Railway Act 1894 , and works relating thereto, as lie between a point 200 metres west of the western end of the platform at Bishop Auckland Station, in the District of Wear Valley, at reference point NZ 207292 and a point 500 metres west of the western end of the southern platform of Eastgate Station, in the District of Wear Valley, at reference point NY 951384 and includes all lands held by Railtrack relating to the said railway and to any stations or other works connected therewith (other than Bishop Auckland Station), and lying between those points;
“reference point” means Ordnance Survey National Grid reference point; and
“the transfer date” means the date on which the railway or any part thereof is vested in the Company by virtue of an agreement made between Railtrack and the Company.
2
In this Order all directions and distances stated in the description of the railway shall be construed as if the words “or thereabouts” were inserted after each direction and distance, and distances between points on the railway shall be taken to be measured along the railway.
Disapplication of certain enactments relating to level crossings
3
Section 47 of the Railways Clauses Consolidation Act 1845 (roads crossed on a level) and section 6 of the Railways Clauses Act 1863 (lodges at level crossings) shall on the transfer date cease to apply to the railway or the relevant part thereof.
PART II
TRANSFER OF THE RAILWAY
Transfer of the railway
4
1
Subject to the following provisions of this Order, Railtrack may transfer the whole or any part of the railway to the Company on such terms and conditions as may be agreed between Railtrack and the Company.
2
The power of transfer in paragraph (1) shall not be exercisable unless Durham County Council has previously certified in writing that it is willing to assume responsibility under article 9(2) for the structure of any bridge carrying a highway over the railway or the relevant part thereof.
3
On and after the transfer date the Company shall to the exclusion of Railtrack be entitled to the benefit of and to exercise all rights, powers and privileges and (subject to article 9) be subject to all obligations of Railtrack whether statutory or otherwise relating to the railway or the relevant part thereof, with the intent that Railtrack shall be released from all such obligations.
PART III
MISCELLANEOUS
Power to operate and use railway
5
Subject to article 8, on and after the transfer date the Company may operate and use the railway as a system, or part of a system, of transport for the carriage of passengers and goods.
Safety of approved works, etc.
6
1
Where pursuant to regulations made under section 41 of the Transport and Works Act 1992 (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railway, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the said railway.
2
If without reasonable cause the provisions of paragraph (1) are contravened on or after the transfer date, the Company shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Level crossings
7
1
On and after the transfer date the provisions set out in Part II of Schedule 1 to this Order shall apply to the level crossings mentioned in Part I of that Schedule.
2
On and after the transfer date the provisions set out in Part II of Schedule 2 to this Order shall apply to the level crossings mentioned in Part I of that Schedule.
Restrictions as to the conveyance of passengers
8
No part of the railway shall be used for the conveyance of passengers without the prior written permission of the Health and Safety Executive.
Provisions as to bridges
9
1
Without prejudice to the generality of article 4(3), sections 116 to 118 of the Transport Act 1968 shall, on and after the transfer date, apply to the railway or the relevant part thereof as if references to the British Railways Board were references to the Company.
2
On and after the transfer date Durham County Council shall be responsible (to the exclusion of the Company) for the structure of any bridge carrying a highway over the railway or the relevant part thereof.
Signed by authority of the First Secretary of State
Ellis Harvey
Head of the Transport and Works Act Processing Unit,
Office of the Deputy Prime Minister
22nd July 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Hospital In-Patients) Amendment Regulations 2002 and shall come into force on 8th April 2002.
Amendment of the Social Security (Hospital In-Patients) Regulations 1975
2
1
In regulation 2(1) of the Social Security (Hospital In-Patients) Regulations 1975 (interpretation) for the definition of “39% of the basic pension” there shall be substituted the following definition —
“38% of the basic pension” means an amount equal to 38 per cent. of the basic pension rounded to the nearest 5 pence, 2.5 pence being rounded to the next 5 pence above;
.
2
In regulation 5(b) of those Regulations (adjustment of personal benefit after 6 weeks in hospital) for the reference to “39%” there shall be substituted a reference to “38%”.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
13th March 2002


text:
Citation and commencement
1
1
These Rules may be cited as the Insolvency (Amendment) (No. 2) Rules 2002 and shall come into force on 1st January 2003.
2
References in these Rules to “the commencement date” are to the date referred to in paragraph (1).
Interpretation
2
1
In these Rules references to the “principal Rules” are to the Insolvency Rules 1986 and a Rule referred to by number alone means the Rule so numbered in the principal Rules.
2
These Rules shall be construed as one with the principal Rules.
Amendments to Part 1 of the principal Rules
3
1
Subject to paragraph (2), Part 1 of the principal Rules has effect subject to the amendments set out in Part 1 of the Schedule to these Rules.
2
The amendments to Part 1 of the principal Rules set out in Part 1 of the Schedule to these Rules do not apply in relation to a voluntary arrangement under Part I of the Act where —
a
a proposal is made by the directors of a company and before the commencement date the intended nominee has endorsed a copy of the written notice of the proposal under Rule 1.4(3);
b
a proposal is made by the liquidator or the administrator (acting as the nominee) and before the commencement date the liquidator or administrator (as the case may be) has sent out a notice summoning the meetings under section 3 of the Act as required by Rule 1.11; or
c
a proposal is made by the liquidator or the administrator of a company (not acting as the nominee) and before the commencement date the intended nominee has endorsed a copy of the written notice of the proposal under Rule 1.12(2);
and Part 1 of the principal Rules without the amendments made in Part 1 of the Schedule to these Rules shall continue to apply in such cases.
Amendments to Part 4 of the principal Rules
4
1
Subject to paragraph (2), Part 4 of the principal Rules has effect subject to the amendments set out in Part 2 of the Schedule to these Rules.
2
The amendments to Part 4 of the principal Rules set out in Part 2 of the Schedule do not apply in relation to —
a
a winding up by the court where the petition on which the winding-up order was made was presented prior to the commencement date; or
b
a voluntary winding up where the resolution for winding up was passed prior to the commencement date;
and Part 4 of the principal Rules without the amendments made in Part 2 of the Schedule to these Rules shall continue to apply in such cases.
Amendments to Part 5 of the principal Rules
5
1
Subject to paragraph (2), for Part 5 of the principal Rules there are substituted the provisions set out in Part 3 of the Schedule to these Rules.
2
The substituted Part 5 of the principal Rules set out in Part 3 of the Schedule to these Rules does not apply in relation to a voluntary arrangement under Part VIII of the Act where a proposal is made by a debtor and before the commencement date the intended nominee has endorsed a copy of the written notice of the proposal under Rule 5.4(3) and Part 5 of the principal Rules as it stood before the commencement of these Rules shall continue to apply in such a case.
Amendments to Part 6 of the principal Rules
6
1
Subject to paragraph (2), Part 6 of the principal Rules has effect subject to the amendments set out in Part 4 of the Schedule to these Rules.
2
The amendments to Part 6 of the principal Rules do not apply in relation to a bankruptcy where the petition was presented prior to the commencement date and Part 6 of the principal Rules without the amendments made in Part 4 of the Schedule to these Rules shall continue to apply in such a case.
Amendment to Rule 13.9
7
After paragraph (2) of Rule 13.9 there is inserted —
3
A reference to an “authorised person” is a reference to a person who is authorised pursuant to section 389A of the Act to act as nominee or supervisor of a voluntary arrangement proposed or approved under Part I or Part VIII of the Act.
.
Amendments to Schedule 4 to the principal Rules
8
1
In the index to forms in Schedule 4 to the principal Rules —
a
for the entries relating to Forms 1.1 to 1.4 there are substituted the entries set out in Part 5 of the Schedule to these Rules; and
b
after the entry for Form 5.4 there is inserted on a new line “5.5 Documents to be submitted to court under Rule 5.14”.
2
Subject to paragraphs (3) and (4), in Schedule 4 to the principal Rules —
a
for Forms 1.1 to 1.4 there are substituted Forms 1.1 to 1.19 as set out in Part 6 of the Schedule to these Rules;
b
for Forms 5.2 and 5.3 there are substituted Forms 5.2 and 5.3 as set out in Part 6 of the Schedule to these Rules; and
c
after Form 5.4 there is inserted Form 5.5 as set out in Part 6 of the Schedule to these Rules.
3
In any case to which paragraph (2) of Rule 3 of these Rules applies, sub-paragraph (a) of paragraph (2) of this Rule shall not apply and the forms prescribed for use in relation to voluntary arrangements under Part I of the Act as they stood before the coming into force of these Rules shall continue to be used.
4
In any case to which paragraph (2) of Rule 5 of these Rules applies, sub-paragraph (b) of paragraph (2) of this Rule shall not apply and the forms prescribed for use in relation to voluntary arrangements under Part VIII of the Act as they stood before the coming into force of these Rules shall continue to be used.
Amendments to Schedule 5 to the principal Rules
9
In Schedule 5 to the principal Rules the entries relating to Rule 1.30 and Rule 5.30 are deleted.
Irvine of Lairg C
22nd October 2002,
I concur, on behalf of the Secretary of State,
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
29th October 2002,


text:
Citation and commencement
1
These Regulations may be cited as the Government of Further Education Corporations (Revocation) (England) Regulations 2002 and shall come into force on 13th May 2002.
Revocation
2
1
The Regulations specified in Part 1 of the Schedule to this Order (which relate to further education corporations in England) are hereby revoked.
2
The Regulations specified in Part 2 of the Schedule to this Order are hereby revoked in relation to England.
Margaret Hodge
Minister of State,
Department for Education and Skills
15th April 2002


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


text:
Citation and commencement
1
These Regulations may be cited as the Social Security Amendment (Students and Income-related Benefits) (No. 2) Regulations 2002 and shall come into force on 2nd September 2002.
Calculation of grant income
2
1
For sub-paragraph (a) of each of the provisions specified in paragraph (3) below, there shall be substituted the following sub-paragraph —
a
any grant of £255 for an only or eldest dependant child payable under regulation 15(1)(c) of the Education (Student Support) Regulations 2002 ;
.
2
In sub-paragraph (b) of each of the provisions specified in paragraph (3) below, for the sum “£500” there shall be substituted the sum “£510”.
3
The provisions specified for the purposes of paragraphs (1) and (2) above (which relate to the calculation of grant income) are —
a
regulation 42(3A) of the Council Tax Benefit (General) Regulations 1992 ;
b
regulation 53(2B) of the Housing Benefit (General) Regulations 1987 ;
c
regulation 62(2B) of the Income Support (General) Regulations 1987 ;
d
regulation 131(3A) of the Jobseeker’s Allowance Regulations 1996 .
Signed by authority of the Secretary of State for Work and Pensions.
Nick Brown
Minister of State,
Department for Work and Pensions
23rd August 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (Econet Satellite Services Limited) Order 2002 and shall come into force on 26th November 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
21st October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Calderdale Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 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 Calderdale 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 25th January 2002 a Primary Care Trust to be called the Calderdale 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 Calderdale and Kirklees Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Calderdale and Huddersfield 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
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police (Amendment) (No. 2) Regulations 2002 and shall come into force on 1st November 2002.
2
These Regulations extend to England and Wales.
Amendments to the Police Regulations 1995
2
1
Regulation 13A of the Police Regulations 1995 shall be amended as follows.
2
There shall be inserted after paragraph (5) —
5A
The term of an appointment to the rank of chief constable or deputy chief constable or to the rank of commissioner, deputy commissioner, assistant commissioner or deputy assistant commissioner in the metropolitan police force to which this regulation applies may be extended by agreement for a period or periods expiring not later than seven years from the date of the initial appointment to that rank.
5B
The term of an appointment to the rank of assistant chief constable or commander in the metropolitan police force and the City of London police force or assistant commissioner in the City of London police force to which this regulation applies may be extended by agreement for a period or periods expiring not later than:
a
ten years from the date of the initial appointment to that rank, or
b
the date on which the person appointed reaches minimum retirement age,
whichever of the periods in sub-paragraphs (a) and (b) is the shorter.
.
3
For paragraph (6) there shall be substituted:
6
The term of an appointment to which this regulation applies may, with the consent of the Secretary of State, be extended by agreement for a single period not exceeding three years where the extension cannot be made under paragraphs (5A), (5B) or (7) and, in the opinion of the Secretary of State, the particular extension would be in the interest of the efficiency and effectiveness of the police force.
.
Amendments to the Police Pensions Regulations 1987
3
1
Regulation B1(3) of the Police Pensions Regulations 1987 shall be amended as follows.
2
For the words “regulation 13A(6) or (7)” in sub-paragraph (ba)(i) there shall be substituted “regulation 13A (5A), (5B), (6) or (7)”.
Transitional provisions
4
Any person whose term of appointment to a rank had been extended under paragraph (6) of regulation 13A of the Police Regulations 1995 immediately before 1st November 2002 shall, when the term of appointment as extended expires, be eligible to seek one further extension under that paragraph.
John Denham
Minister of State
Home Office
5th September 2002
We consent to these Regulations
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Barnet, Enfield and Haringey 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 Barnet, Enfield and Haringey Health Authority ;
“the new Trust” means the North Middlesex Hospital National Health Service Trust or the Barnet Primary Care Trust as the context requires;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the North Middlesex Hospital National Health Service Trust and signed on behalf of the old Trust on 27th November 2001 and on behalf of the North Middlesex Hospital National Health Service Trust on 28th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the North Middlesex Hospital 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 Barnet Primary Care Trust and signed on behalf of the old Trust on 27th November 2001 and on behalf of the Barnet Primary Care Trust on 26th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Barnet Primary Care 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
26th March 2002


text:
1
These Regulations may be cited as the Limited Liability Partnerships (Fees) (Amendment) Regulations 2002 and shall come into force on 1st January 2003.
2
In these Regulations, the “2001 Regulations” shall mean the Limited Liability Partnerships (Fees) ( No. 2) Regulations 2001 .
3
The Schedule to the 2001 Regulations is amended by substituting, in respect of entry 6(a), the sum of £3.00 for the sum specified in relation to that entry in the second column of the Schedule to the 2001 Regulations.
Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
21st November 2002


text:
Citation and commencement
1
These Regulations may be cited as the Insolvency Act 1986 (Amendment) (No. 2) Regulations 2002 and shall come into force on 31st May 2002.
Interpretation
2
In these Regulations “ the Act ” means the Insolvency Act 1986 .
Amendments to the Insolvency Act 1986
3
The Act is amended as provided for in these Regulations.
Amendment to section 1
4
After section 1(3) (Persons who may propose a voluntary arrangement) insert —
4
In this Part a reference to a company includes a reference to a company in relation to which a proposal for a voluntary arrangement may be made by virtue of Article 3 of the EC Regulation .
.
Amendment to section 8
5
After section 8(6) (Power of court to make administration order) insert —
7
In this Part a reference to a company includes a reference to a company in relation to which an administration order may be made by virtue of Article 3 of the EC Regulation.
.
Amendment to section 117
6
After section 117(6) (Winding up jurisdiction in England and Wales) insert —
7
This section is subject to Article 3 of the EC Regulation (jurisdiction under EC Regulation).
.
Amendment to section 120
7
After section 120(5) (Winding up jurisdiction in Scotland) insert —
6
This section is subject to Article 3 of the EC Regulation (jurisdiction under EC Regulation).
.
Amendment to section 124
8
In section 124(1) (Application for winding up) after “contributory or contributories” insert —
, or by a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation or a temporary administrator (within the meaning of Article 38 of the EC Regulation)
.
Amendment to section 221
9
In section 221(4) (Winding up of unregistered companies) at the end insert —
, except in accordance with the EC Regulation
.
Amendment to section 225
10
In section 225 (Winding up of dissolved overseas company) (which becomes subsection (1)) at end insert —
2
This section is subject to the EC Regulation.
.
Amendment to section 240
11
1
In section 240(3) (Relevant time for purpose of transaction at undervalue or preference) after paragraph (a) (and before the word “and”) insert —
aa
in a case where section 238 or 239 applies by reason of a company going into liquidation following conversion of administration into winding up by virtue of Article 37 of the EC Regulation, the date of the presentation of the petition on which the administration order was made,
.
Amendment to section 247
12
After section 247(2) (Meaning of “goes into liquidation”) insert —
3
The reference to a resolution for voluntary winding up in subsection (2) includes a resolution deemed to occur by virtue of an order made following conversion of a voluntary arrangement or administration into winding up under Article 37 of the EC Regulation.
.
Amendment to section 264
13
After section 264(1)(b) (Who may present a bankruptcy petition) insert —
ba
by a temporary administrator (within the meaning of Article 38 of the EC Regulation),
bb
by a liquidator (within the meaning of Article 2(b) of the EC Regulation) appointed in proceedings by virtue of Article 3(1) of the EC Regulation,
.
Amendment to section 265
14
After section 265(2) (Conditions to be satisfied in respect of debtor) insert —
3
This section is subject to Article 3 of the EC Regulation.
.
Amendment to section 330
15
After section 330(5) (Final distribution) insert —
6
Subsection (5) is subject to Article 35 of the EC Regulation (surplus in secondary proceedings to be transferred to main proceedings).
.
Amendments to section 387
16
In section 387(3) (Relevant date in relation to preferential debts) —
a
after paragraph (a) insert —
aa
if the winding up is by the court and the winding-up order was made following conversion of administration into winding up by virtue of Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;
ab
if the company is deemed to have passed a resolution for voluntary winding up by virtue of an order following conversion of administration into winding up under Article 37 of the EC Regulation, the relevant date is the date of the making of the administration order;
,
b
in paragraph (b) after “paragraph (a)” insert “, (aa) or (ab)”, and
c
in paragraph (c) for “either paragraph (a) or (b)” substitute —
paragraph (a), (aa), (ab) or (b)
.
Amendment to section 388
17
After section 388(5) (Acting as an insolvency practitioner) insert —
6
Nothing in this section applies to anything done (whether in the United Kingdom or elsewhere) in relation to insolvency proceedings under the EC Regulation in a member State other than the United Kingdom.
.
Modified definition of property
18
After section 436 (Expressions used generally) insert —
Proceedings under EC Regulation:
modified definition of property
436A
In the application of this Act to proceedings by virtue of Article 3 of the EC Regulation, a reference to property is a reference to property which may be dealt with in the proceedings.
.
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,Department of Trade and Industry
1st May 2002


text:
1
These Regulations may be cited as the Landfill Tax (Amendment) Regulations 2002 and come into force on 1st February 2002.
2
The Landfill Tax Regulations 1996 shall be amended in accordance with the following regulations.
3
In regulation 33A(1)(g) for “sub-paragraph (f)” substitute “sub-paragraph (d)”.
4
In regulation 38 —
a
in paragraph (2)(c) for “the disposal is a temporary one” substitute “the material comprised in the disposal is held temporarily”;
b
in paragraph (3)(c) for “it is not temporary” substitute “the material comprised in it is not held in accordance with paragraph (2)(c) above”;
c
for paragraph (4) substitute —
4
A use is a qualifying use if, within the relevant period, the material is —
a
re-cycled or incinerated; or
b
used (other than by way of a further disposal) —
i
at a place other than a relevant site; or
ii
for site restoration purposes at the landfill site at which the disposal was made.
4A
Sorting of material pending —
i
its use by way of any qualifying use within paragraph (4) above, or
ii
its disposal within the relevant period,
is also a qualifying use.
;
d
in paragraph (5) —
i
for “paragraph (4)” substitute “ paragraphs (4) and (4A)”;
ii
after paragraph (5)(a) insert —
aa
material is used for site restoration purposes if —
i
the material is treated for the purposes of section 42 of the Act as qualifying material;
ii
before the material is used the operator of the landfill site notifies the Commissioners in writing that he is commencing the restoration of all or a part of the site and provides such other written information as the Commissioners may require generally or in the particular case; and
iii
the material is used in the restoration of the site or part specified in the notification under paragraph (ii) above;
ab
“restoration” means work, other than capping waste, which is required by a relevant instrument to be carried out to restore a landfill site to use on completion of waste disposal operations;
ac
the following are relevant instruments —
i
a planning consent;
ii
a waste management licence;
iii
a resolution authorising the disposal of waste on or in land;
; and
iii
omit paragraph (5)(c);
e
at the end of the regulation add —
6
Subject to paragraph (7) below, the relevant period is the period of one year commencing with the date of the disposal or such other period as the Commissioners or an authorised person may approve or direct.
7
In relation to site restoration which is a qualifying use falling within paragraph (4)(b)(ii) above, the relevant period is the period of three years commencing with the date of the disposal or such other period as the Commissioners or an authorised person may approve or direct.
.
5
In regulation 39 —
a
for paragraph (3)(b) substitute —
b
the intended destination or use of all such material and, where any material has been removed or used, the actual destination or use of that material;
; and
b
in paragraph (3)(c), immediately after the word “material” insert “sorted or”.
Martin Brown
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
3rd January 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Capital Finance and Approved Investments) (Amendment) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These regulations apply only in relation to local authorities in England.
Amendment of the Local Authorities (Capital Finance) (Approved Investments) Regulations 1990
2
1
The Local Authorities (Capital Finance) (Approved Investments) Regulations 1990 shall be amended as follows.
2
In regulation 1(2) (interpretation), after the definition of “gilt-edged securities” there shall be inserted the following definitions —
“highest possible credit rating” means, in relation to a money market fund, that it has the highest possible rating —
in respect of creditworthiness assigned by Standard and Poor's, a division of The McGraw-Hill Companies Ltd ; or
in respect of both creditworthiness and volatility assigned by either Moody’s Investors Service Ltd or Fitch Ratings Ltd ;
“money market fund” means a collective investment scheme which —
in accordance with the Council Directive of 20th December 1985 on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investments in transferable securities as amended , is an undertaking for collective investment in transferable securities subject to that Directive;
has been given the highest possible credit rating; and
is either a unit trust scheme authorised under section 243 of the Financial Services and Markets Act 2000 or a collective investment scheme recognised under section 264 of that Act;
.
3
In regulation 2(1) (approved investments) —
a
in sub-paragraph (b), after “deposit taker” there shall be added “, the Treasury”; and
b
after sub-paragraph (b), there shall be inserted the following sub-paragraph —
bb
any investment in a money market fund;
.
4
In regulation 3 (conditions for approval of investments) in paragraphs (1)(c) and (4)(a), after “regulation 2” there shall be inserted “(1)”.
Amendment of the Local Authorities (Capital Finance) Regulations 1997
3
1
The Local Authorities (Capital Finance) Regulations 1997 shall be amended as follows.
2
In regulation 62(b) (disposal of investments) —
a
for “2(b) or (c)” there shall be substituted “2(1)(b), (bb) or (c)”;
b
in sub-paragraph (i), for the word “institution” wherever it appears there shall be substituted “deposit taker”;
c
in sub-paragraph (ii) —
i
after “2”, there shall be inserted “(1)”; and
ii
at the end there shall be added “; or”; and
d
after sub-paragraph (ii) there shall be added the following sub-paragraph —
iii
where the investment was made with a money market fund, that fund has ceased to be a money market fund within the meaning given to that expression in regulation 1(2) of the 1990 Regulations.
.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
1st March 2002


text:
Citation and extent
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002.
2
This Order extends to England only.
Interpretation
2
1
In this Order —
“the Act” means the Care Standards Act 2000;
“the 1989 Act” means the Children Act 1989 ;
“the No. 9 Order” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 ;
“the No. 10 Order” means the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 .
2
In this Order, a reference —
a
to a numbered article is to the article in this Order bearing that number;
b
in an article to a numbered paragraph is to the paragraph in that article bearing that number.
Appointed days
3
1
This article shall have effect subject to article 4.
2
1st April 2002 is the day appointed for the coming into force of —
a
section 95 of the Act;
b
section 116 of, and Schedule 4 to, the Act in so far as they relate to paragraph 14(13) and (14) of that Schedule.
Transitional provisions
4
1
In this article —
“the Regulations” means the Disqualification for Caring for Children Regulations 1991 ;
“responsible authority” has the meaning given to it in paragraph 3(1) of Schedule 6 to the 1989 Act.
2
This paragraph applies to any written consent obtained before 1st April 2002 —
a
for the purposes of section 65 of the 1989 Act from a responsible authority;
b
for the purposes of regulation 3 of the Regulations from the Secretary of State.
3
Section 65 of the 1989 Act shall have effect from 1st April 2002 in relation to any written consent to which paragraph (2) applies as if the consent had been obtained from the Commission.
4
Where before 1st April 2002 a responsible authority made a decision (“the authority’s decision”) refusing to give their consent under section 65 of the 1989 Act —
a
if an appeal was brought against the authority’s decision before 1st April 2002 —
i
sub-paragraphs (1) to (4) and (6) of paragraph 8 of Schedule 6 to the 1989 Act shall continue in force in relation to the authority’s decision and the appeal notwithstanding the repeal of the provisions of Schedule 6 to the 1989 Act specified in Schedule 6 to the Act;
ii
the functions, powers and duties that immediately before 1st April 2002 the responsible authority had under the 1989 Act in relation to the authority’s decision and the appeal shall apply to, and be exercisable by, the Commission instead of the responsible authority;
b
if an appeal was not brought against the refusal before 1st April 2002, section 65A of the 1989 Act shall apply as if the authority’s decision were a decision of the Commission.
5
Where before 1st April 2002 the Secretary of State made a decision (“the Secretary of State’s decision”) refusing to give his consent under regulation 3 of the Regulations —
a
if an appeal was brought against the Secretary of State’s decision before 1st April 2002, sub-paragraphs (1) to (4) of paragraph 5 of Schedule 5 to the 1989 Act shall continue in force in relation to the decision and the appeal notwithstanding the repeal of the provisions of Schedule 5 to the 1989 Act specified in Schedule 6 to the Act;
b
if an appeal was not brought against the refusal before 1st April 2002, section 65A of the 1989 Act shall apply as if the Secretary of State’s decision were a decision of the Commission.
Amendment of the No. 9 Order
5
In Schedule 1 to the No. 9 Order —
a
in paragraph 6(3)(c)(i)(aa), for the words “section 115(4)” there shall be substituted the words “115(3) or (4)”;
b
in paragraph 6(3)(c)(i)(aa) and (bb), the words “and that the application is accompanied by a statement referred to in section 113(3C) of that Act” on both occasions where they occur shall be omitted;
c
in paragraph 10(9), for the words “section 11(1) to (3), (5) and (6)” there shall be substituted the words “sections 11(1) to (3), (5) and (6) and 26”;
d
in paragraph 15(4), for the words “Section 11(1) to (3), (5) and (6)” there shall be substituted the words “Sections 11(1) to (3), (5) and (6) and 26”;
e
in paragraphs 15(5) and (6), for the words “section 11” on both occasions where they occur there shall be substituted the words “sections 11 and 26”.
Amendment of the No. 10 Order
6
In article 3(2) of the No. 10 Order, there shall be added at the end the words “of this Order and article 4 of the Care Standards Act 2000 (Commencement No. 14 (England) and Transitional, Savings and Amendment Provisions) Order 2002”.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
27th March 2002


text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Amendment) Rules Approval Order 2002 and shall come into force on 31st March 2002.
Alan Milburn
One of Her Majesty’s Principal Secretaries of State
Department of Health
12th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 and shall come into force on 11th March 2002.
2
These Regulations do not extend to Northern Ireland.
Interpretation
2
In these Regulations —
“the Directives” means —
Council Directive 94/55/ EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ;
Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ;
European Parliament and Council Directive 94/63/EC on the control of volatile organic compound ( VOC ) emissions resulting from the storage of petrol and its distribution from terminals to service stations ;
Council Directive 96/35/EC on the appointment and vocational qualification of safety advisers for the transport of dangerous goods by road, rail and inland waterway ;
Commission Directive 96/86/EC adapting to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ;
Commission Directive 96/87/EC adapting to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous good by rail ;
Commission Directive 1999/47/EC adapting for the second time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ;
Commission Directive 1999/48/EC adapting for the second time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ;
Directive 2000/61/EC of the European Parliament and of the Council amending Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ;
Directive 2000/62/EC of the European Parliament and of the Council amending Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ;
Commission Directive 2001/6/EC adapting for the third time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ; and
Commission Directive 2001/7/EC adapting for the third time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ; and
“environmentally hazardous substances” means substances which are dangerous to the environment (whether or not they are already within section 1(1)(c) of the Health and Safety at Work etc. Act 1974 as dangerous substances).
Extension of power to make regulations
3
For the purposes only of enabling regulations under section 15 of the Health and Safety at Work etc. Act 1974 to be made to implement any obligation imposed by any of the Directives or to deal with any matter arising out of or related to any such obligation, the reference to dangerous substances in section 1(1)(c) of that Act shall have effect as if it included a reference to environmentally hazardous substances.
Revocations
4
The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 1996 and the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 1999 are hereby revoked.
Signed by authority of the Secretary of State
Alan Whitehead
Parliamentary Under Secretary of State,
Department of Transport, Local Government and the Regions
11th February 2002


text:
1
This Order may be cited as the National Criminal Intelligence Service (Secretary of State’s Objectives) Order 2002 and shall come into force on 1st April 2002.
2
The NCIS (Secretary of State’s Objectives) Order 1999 is hereby revoked.
3
The objectives for the National Criminal Intelligence Service are —
a
to provide high quality assessments and actionable intelligence, where appropriate in partnership with other law enforcement agencies, in support of:
i
the Government’s interagency strategy for reducing the supply of class A controlled drugs in the United Kingdom; and
ii
the Government’s interagency strategy for combating organised immigration crime (people smuggling and human trafficking) affecting the United Kingdom;
b
to provide high quality assessments and actionable intelligence in order to increase disruption of criminal enterprises engaged in other forms of serious and organised crime within or affecting the United Kingdom, according to agreed priorities, and maximising mutual support and co-operation with law enforcement agencies at local, national and international levels.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
21st March 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Beef Labelling (Enforcement) (England) (Amendment) Regulations 2002; they shall extend to England and shall come into force on 1st October 2002.
Amendment of the Beef Labelling (Enforcement) (England) Regulations 2000
2
1
The Beef Labelling (Enforcement) (England) Regulations 2000 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 5, after paragraph (2) there shall be inserted the following paragraph —
2A
A notice served pursuant to paragraph (2) shall state the right of appeal to a magistrates' court under regulation 13A and the period within which the appeal may be brought.
.
3
After Regulation 13 (Penalties) there shall be inserted the following regulation —
Appeals against notices
13A
1
Any person who is aggrieved by a decision of an authorised officer to serve a notice pursuant to regulation 5(2) may appeal to a magistrates' court.
2
The procedure on an appeal to a magistrates' court under paragraph (1) shall be by way of complaint for an order, and the Magistrates' Court Act 1980 shall apply to the proceedings.
3
The period within which an appeal under paragraph (1) may be brought shall be one month from the date on which the notice of the decision was served on the aggrieved person; and the making of the complaint shall be deemed for the purposes of this paragraph to be the bringing of the appeal.
4
On an appeal against a notice served pursuant to regulation 5(2), the court may either cancel or affirm the notice and, if the court affirms the notice, it may do so either in its original form or with such modifications as the court may in the circumstances think fit.
5
A person who is aggrieved by any decision by a magistrates' court on an appeal under this regulation may appeal to the Crown Court.
.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th September 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Slough (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“borough” means the borough of Slough;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Slough (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Slough Borough Council.
Wards of the borough of Slough
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fourteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to a parish or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number or councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Slough
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the counciller elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Slough Borough Council shall make a print of the map marked “Map referred to in the Borough of Slough (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Slough (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(6).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
1
This Order may be cited as the A52 Trunk Road (Derby to Calton Moor) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A52 Trunk Road; and
iii
“the plan” means the plan folio numbered HA/10/OD/290 and marked “The A52 Trunk Road (Derby to Calton Moor) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
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 this Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South West Yorkshire Mental Health National Health Service Trust (Establishment) and the Wakefield and Pontefract Community National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the South West Yorkshire Mental Health 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 South West Yorkshire Mental Health 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 Fieldhead Hospital, Ouchthorpe Lane, Wakefield, WF1 3SP and at or from any associated hospitals, establishments and facilities.
Directors of trust
4
The trust shall have in addition to the chairman 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Dissolution of NHS trust
6
The Wakefield and Pontefract Community National Health Service Trust established by the Wakefield and Pontefract Community National Health Service Trust (Establishment) Order 1992 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
19th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mid-Sussex National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Mid-Sussex National Health Service Trust ;
“the new Trust” means the Worthing and Southlands Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 5th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
27th March 2002


text:
1
This Order may be cited as the Criminal Justice and Public Order Act 1994 (Commencement No. 13) Order 2002.
2
Section 159(3) of the Criminal Justice and Public Order Act 1994, together with section 168(3) to the extent that it is necessary to bring into force the entry in Schedule 11 (repeals) in respect of the Backing of Warrants (Republic of Ireland) Act 1965 , shall come into force on 20th March 2002.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
28th February 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Chichester (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Chichester;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Chichester (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Chichester District Council.
Wards of the district of Chichester
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-nine wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Chichester
4
1
The existing wards of the parish of Chichester shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2); and the number of councillors to be elected for each parish ward shall be five.
Wards of the parish of Selsey
5
1
The existing wards of the parish of Selsey shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2); and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
6
Chichester District Council shall make a print of the map marked “Map referred to in the District of Chichester (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The District of Chichester (Electoral Arrangements) Order 1977 is revoked, save for article 5.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th October 2002
Glyn Mathias
Commissioner
14th November 2002
Neil McIntosh
Commissioner
14th November 2002
Karamjit Sing
Commissioner
19th November 2002
Sam Younger
Commissioner
19th November 2002
Graham Zellick
Commissioner
28th October 2002