text:
Citation, interpretation and extent
1
1
This Order my be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 7) Order 2002.
2
In this Order, the “ Service Courts Order ” means the Criminal Justice Act 1988 (Application to Service Courts) (Evidence) Order 1996 .
3
This Order extends to England and Wales only.
Appointed day
2
The following provisions of the Youth Justice and Criminal Evidence Act 1999 shall, in so far as they are not already in force, come into force on 24th July 2002:
a
sections 16 to 27 and 30 (special measures directions in case of vulnerable and intimidated witnesses);
b
sections 31 to 33 (supplementary provisions);
c
sections 36 and 37 (prohibition imposed by court);
d
section 47 (reports relating to directions under chapter I or II );
e
sections 53 to 57 (competence of witness and capacity to be sworn);
f
paragraphs 1, 10 and 12 to 14 of Schedule 4 and section 67(1) in so far as it relates to those paragraphs;
g
in Schedule 6, the entries relating to —
i
the Criminal Evidence Act 1898 , section 1;
ii
the Police and Criminal Evidence Act 1984 , section 80 (1), (5) and (8);
iii
the Criminal Justice Act 1988 —
aa
section 32(1), (2), (3A) to (3E) and (6), except in so far as applied to proceedings before Service courts by the Service Courts Order;
bb
section 32A, except in so far as applied to proceedings before Service courts by the Service Courts Order; and
cc
section 33A;
iv
the Criminal Justice Act 1991
aa
section 52;
bb
section 54, except in so far as required for proceedings before Service courts; and
cc
section 55(2)(b), (4) and (6) except in so far as required for proceedings before Service courts;
v
the Criminal Justice and Public Order Act 1994 , section 50 and paragraph 33 of Schedule 9;
vi
the Criminal Appeal Act 1995 paragraph 16(2)(b) and (3) of Schedule 2;
vii
the Criminal Procedure and Investigations Act 1996 , section 62 and paragraph 33 of Schedule 1;
and section 67(3) in so far as it relates to those entries;
h
paragraphs 3 and 7 of Schedule 7 (transitional provisions and savings) and section 67(4) in so far as it relates to them.
Charles Falconer
Minister of State
Home Office
8th July 2002


type: legislation

jurisdiction: UK

text:
This Order may be cited as the Nurses, Midwives and Health Visitors (Professional Conduct) (Amendment) Rules 2002 Approval Order 2002, and shall come into force on 18th February 2002.
Irvine of Lairg, C.
Dated 18th January 2002


text:
Citation commencement and interpretation
1
1
This Order may be cited as the North and East Devon 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 North and East Devon Health Authority ;
“the new Trusts” means the Northern Devon Healthcare National Health Service Trust and the East Devon Primary Care Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Northern Devon Healthcare National Health Service Trust and signed on behalf of the old Trust on 28th November 2001 and on behalf of the Northern Devon Healthcare National Health Service Trust on 26th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Northern Devon Healthcare National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the East Devon Primary Care Trust and signed on behalf of the old Trust on 28th November 2001 and on behalf of the East Devon 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 East Devon 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
8th March 2002


text:
Title and commencement
1
This Order may be cited as the Milk Marketing Board (Dissolution) Order 2002, and shall come into force on 31st January 2002.
Dissolution of the Milk Marketing Board
2
On 31st January 2002 the Milk Marketing Board shall be dissolved.
Signed on behalf of the National Assembly for Wales:
Jenny Randerson
Minister for Culture, Sports and the Welsh Language
25th January 2002
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
29th January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Warwickshire National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the North Warwickshire National Health Service Trust ;
“the new Trust” means the North Warwickshire Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 7th January 2002 and on behalf of the new Trust on 11th January 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
8th March 2002


text:
1
This Order may be cited as the Vehicles (Crime) Act 2001 (Commencement No. 3) Order 2002.
2
Save for section 8, Part I of the Vehicles (Crime) Act 2001 (Regulation of Motor Salvage Operators) shall come into force on 21st October 2002.
John Denham
Minister of State
Home Office
17th July 2002


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Designated Countries and Territories) (Amendment) Order 2002 and shall come into force on 18th March 2002.
2
This Order extends to England and Wales only.
2
There shall be inserted in Schedule 1 to the Criminal Justice Act 1988 (Designated Countries and Territories) Order 1991 (designation of countries and territories for the purposes of sections 96 and 97 of the Criminal Justice Act 1988), at the appropriate places in alphabetical order, the entries for those countries and territories specified in the Schedule to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Special Constables (Amendment) Regulations 2002.
2
Regulation 2(2) shall come into force on 3rd February 2003 and all other provisions shall come into force on 10th January 2003.
3
These Regulations extend to England and Wales.
Amendments to the Special Constables Regulations 1965
2
1
The Special Constables Regulations 1965 are hereby amended as follows.
2
For regulation 1 substitute —
Qualifications for appointment
1
A candidate for appointment as a special constable —
a
must, if not a national of a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 , have leave to enter or remain in the United Kingdom for an indefinite period;
b
must satisfy the chief officer of police that he is sufficiently competent in written and spoken English, and sufficiently numerate, by passing such assessments in written and spoken English, and numeracy, as may be determined by the chief officer of police;
c
must have attained the age of 18½ years;
d
must be of good character;
e
must be in good health.
.
3
For regulation 5A substitute —
Special Constables' Allowance
5A
1
A police authority may, following a recommendation of the chief officer of police and with the approval of the Secretary of State, undertake to make payments (referred to in this regulation as a Special Constables' Allowance) at a rate set by the police authority to all or any number of special constables appointed for their area.
2
An approval given for the purposes of this regulation may be withdrawn with effect from the date three months after notice of that approval has been given to the police authority.
3
The withdrawal of an approval does not affect rights acquired and obligations incurred, whether prospectively or otherwise, in respect of any period before the date from which the withdrawal takes effect.
4
Different rates of Special Constables' Allowance may be paid under this regulation to different special constables appointed within a police area.
.
4
Omit Schedule 2 .
Revocation
3
The Special Constables (Amendment) Regulations 1992 are hereby revoked.
John Denham
Minister of State
Home Office
18th December 2002


text:
1
1
This Order may be cited as the Value Added Tax (Cars) (Amendment) Order 2002 and comes into force on 1st July 2002.
2
This Order shall not have effect where the taxable person took possession of the motor car pursuant to —
a
an assignment which is an article 5 transaction solely by virtue of article 5(4) of the Value Added Tax (Special Provisions) Order 1995 or a corresponding provision made under the Manx Act ; or
b
a transaction forming part of a succession of two or more article 5 transactions, at least one of which was such an assignment,
if the assignment or, where there is a succession of transactions comprising two or more assignments, any of the assignments takes effect before 1st July 2002.
3
In this article —
“article 5 transaction” means a transaction which is treated as being neither a supply of goods nor a supply of services by virtue of a provision of article 5 of the Value Added Tax (Special Provisions) Order 1995 or a corresponding provision made under the Manx Act;
“the Manx Act” means the Value Added Tax Act 1996 .
2
Article 8 of the Value Added Tax (Cars) Order 1992 is amended as follows —
a
for sub-paragraphs (c) and (d) of paragraph (2), substitute —
c
a de-supplied transaction, other than an article 5 transaction;
d
subject to paragraph (2A) below, an article 5 transaction.
;
b
after paragraph (2), insert —
2A
An article 5 transaction does not fall within sub-paragraph (d) of paragraph (2) above unless the taxable person has a relevant predecessor in title.
;
c
for paragraph (iii) of paragraph (5)(a), substitute —
iii
(where the taxable person took possession of the motor car pursuant to a de-supplied transaction, other than an article 5 transaction) by taking the price he paid pursuant to the transaction;
iv
(where the taxable person took possession of the motor car pursuant to an article 5 transaction) by taking the price at which his relevant predecessor in title obtained the motor car;
;
d
omit sub-paragraph (c) of paragraph (5); and
e
after paragraph (7) add —
8
For the purposes of this article —
“article 5 transaction” means a transaction which is a de-supplied transaction by virtue of a provision of article 5 of the Value Added Tax (Special Provisions) Order 1995 or a corresponding provision made under the Manx Act ;
“de-supplied transaction” means a transaction which was treated by virtue of any Order made or having effect as if made under section 5(3) of the Act or under the corresponding provisions of the Manx Act as being neither a supply or goods nor a supply of services.
9
For the purposes of this article a person is a relevant predecessor in title of a taxable person if —
a
he is the person from whom the taxable person took possession of the motor car and himself took possession of it pursuant to a transaction within any of sub-paragraphs (a) to (c) of sub-paragraph (2) above; or
b
where the motor car has been the subject of a succession of two or more article 5 transactions (culminating in the article 5 transaction to which the taxable person was a party), he was a party to one of those transactions and himself took possession of the motor car pursuant to a transaction within any of sub-paragraphs (a) to (c) of sub-paragraph (2) above.
.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
10th June 2002


text:
Citation and commencement
1
This Order may be cited as the Audit Commission (Borrowing Limit) Order 2002 and shall come into force on the day after the day on which it is made.
Maximum borrowing limit
2
1
The Secretary of State hereby specifies £12 million as the sum that the borrowed amount may not exceed.
2
In paragraph (1) above, the “borrowed amount” means the aggregate amount outstanding in respect of the principal of any sums borrowed by the Commission under paragraph 9(1) of Schedule 1 to the Audit Commission Act 1998.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
18th March 2002


text:
Citation and commencement
1
This Order may be cited as the Travel Restriction Order (Prescribed Removal Powers) Order 2002 and shall come into force on 1st April 2002.
Prescribed removal powers
2
Each of the powers set out in the Schedule to this Order is designated as a prescribed removal power for the purposes of section 37 of the Criminal Justice and Police Act 2001.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
13th February 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Co-ordination of Admission Arrangements) (Secondary Schools) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to the arrangements under which pupils are to be admitted to secondary schools in England in the academic year 2004-05 and any subsequent year.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“application”, in relation to arrangements made by a local education authority under section 86(1) of the 1998 Act, means a parent’s expression of a preference as to the school at which he wishes secondary education to be provided for his child in the exercise of the authority’s functions;
“authority”, in relation to co-ordinated arrangements for admission, means the local education authority formulating a qualifying scheme with a view to securing its adoption by that authority and each governing body who are the admission authority for a secondary school in their area or, as the case may be, for whose area an imposed scheme relating to secondary schools has been, or is to be, made;
“imposed scheme” means a scheme for co-ordinating the arrangements for the admission of pupils to secondary schools made by the Secretary of State under section 89B(2) of the 1998 Act;
“qualifying scheme” means a scheme, formulated by an authority pursuant to section 89B(1)(a) of the 1998 Act and these Regulations, for co-ordinating the arrangements for the admission of pupils to secondary schools;
“school” means a community, foundation or voluntary school;
“the determination year” relating to any academic year means the year preceding the year in which the academic year commences;
“the initial year” means the academic year 2004-05;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
2
Where an application for the admission of a child to a relevant age group at a secondary school is submitted later than the date stipulated by a qualifying scheme (or, as the case may be, an imposed scheme), for the purposes of these Regulations it shall still be considered to have been made in the course of a normal admission round if —
a
the relevant admission authority for the school determine, in accordance with the school’s admission arrangements, the order of priority in which the application is ranked; and
b
a determination relating to that application is made by an authority on or before the date prescribed by regulation 7(2).
Formulation of a qualifying scheme
3
1
Subject to paragraphs (2) and (3), and regulation 9, in relation to each academic year to which these Regulations apply, an authority shall formulate a qualifying scheme relating to each secondary school in their area.
2
A qualifying scheme shall comply with the requirements specified in the Schedule.
3
The duty in paragraph (1) to formulate a scheme shall not apply where —
a
a qualifying scheme has been adopted in relation to an academic year by the authority and each governing body who are the admission authority for a secondary school in their area, and after reviewing the scheme the authority consider that it should again be adopted by themselves and each of those governing bodies in relation to the academic year immediately following; or
b
an imposed scheme has been made and has not since been varied or revoked under section 89C(7) of the 1998 Act.
Action to be taken by a local education authority to secure adoption of a qualifying scheme
4
1
This regulation prescribes for the purposes of section 89B(1)(b) of the 1998 Act, in relation to any academic year following the initial year, the action to be taken by an authority with a view to securing the adoption of a qualifying scheme by themselves and each governing body who are the admission authority for a secondary school in their area.
2
Subject to paragraphs (3) and (4), an authority shall formulate a qualifying scheme no later than 1st January in the relevant determination year.
3
The authority shall refer a qualifying scheme which they propose should be adopted in their area to any Admission Forum established for that area under section 85A of the 1998 Act and shall have regard to any advice or recommendations of the Forum.
4
After taking the action required by paragraph (3), the authority shall consult the following about any proposed qualifying scheme, namely —
a
each governing body who are the admission authority for a maintained school in their area; and
b
any other local education authority as the authority may determine.
5
The consultation pursuant to paragraph (4)(b) shall be undertaken with a view in particular to securing that the arrangements for the admission of pupils to secondary schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.
6
Once the authority have carried out any consultation required under this regulation they shall determine the qualifying scheme (either in its original form or with such modifications as the authority think fit) which they propose should apply for the academic year in question and shall take all reasonable steps to secure its adoption by themselves and each governing body they consulted.
Information to be provided to Secretary of State
5
Where, following the action required to be taken under regulation 4, an authority secure agreement to the adoption of a qualifying scheme, they shall inform the Secretary of State accordingly and provide the Secretary of State with a copy of the scheme.
Making of a scheme by the Secretary of State
6
1
Subject to section 89C(6) of the 1998 Act, in any case where by 15th April in the relevant determination year an authority have not informed the Secretary of State in accordance with regulation 5 that a qualifying scheme has been adopted in relation to each secondary school in their area, an imposed scheme may be made.
2
An imposed scheme may make provision corresponding to the requirements of a qualifying scheme.
Date on which decisions are to be communicated to parents
7
2
Subject to regulation 9 and paragraph (3), this regulation prescribes for the purposes of section 89B(5)(b) of the 1998 Act the single day in each year on which an authority’s determination in accordance with the provisions of a qualifying scheme or an imposed scheme to offer or refuse a child admission to a secondary school in their area shall be communicated to a parent.
2
The prescribed day shall be 1st March in the year following the relevant determination year except that, in any year in which that day is not a working day, the prescribed day shall be the next working day.
3
This regulation does not apply to applications made otherwise than in the course of a normal admission round.
Sections 496 and 497 of the Education Act 1996
8
Sections 496 and 497 of the 1996 Act shall apply to an authority or a governing body as if any of the obligations imposed on them under a qualifying scheme or an imposed scheme were duties imposed on them under that Act.
Transitional provisions
9
In relation to the initial year these Regulations shall have effect with the following modifications —
a
in regulation 3 —
i
in paragraph (1), for “shall” there shall be substituted “may”,
ii
after paragraph (2) there shall be inserted —
2A
Where an authority decide to formulate a qualifying scheme pursuant to paragraph (1) —
i
they shall notify the Secretary of State of their decision;
ii
these Regulations shall apply as if they were under a duty to formulate such a scheme; and
iii
if a scheme is adopted or made it shall be treated as having been adopted or made by virtue of section 89B of the 1998 Act.
, and
iii
paragraph (3) shall be omitted;
b
in regulation 4 —
i
in paragraph (1) there shall be omitted “, in relation to any academic year following the initial year,”,
ii
in paragraph (2), for “1st January in the relevant determination year” there shall be substituted “31st March 2003”, and
iii
after paragraph (4) there shall be inserted —
4A
The duty to consult in paragraph (4) shall apply notwithstanding that no Admission Forum may have been established for an authority’s area.
;
c
in regulation 6(1), for “15th April in the relevant determination year” there shall be substituted “1st July 2003”; and
d
in regulation 7 —
i
in paragraph (1) there shall be omitted “in each year”, and
ii
for paragraph (2) there shall be substituted —
2
The prescribed day shall be 1st March 2004.
.
David Miliband
Minister of State
Department for Education and Skills
18th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Eastern Birmingham Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Eastern Birmingham Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 20th March 2002 a Primary Care Trust to be called the Eastern Birmingham 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 Birmingham 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 Birmingham Specialist Community Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wandsworth Primary Care Trust (Establishment) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the National Health Service Act 1977;
“the trust” means the Wandsworth Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 1st April 2002 a Primary Care Trust to be called the Wandsworth Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
20th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Wycombe (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 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Wycombe;
“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 of the District of Wycombe (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 Wycombe District Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the district of Wycombe
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-eight wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or 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 the 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 Chepping Wycombe
4
1
The existing wards of the parish of Chepping Wycombe shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Flackwell Heath, Loudwater and Tylers Green; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Flackwell Heath parish ward shall be six, for the Tylers Green parish ward shall be five, and for the Loudwater parish ward shall be four.
Wards of the parish of Hazlemere
5
1
The existing wards of the parish of Hazlemere shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names North and South; the parish ward of North shall comprise the area of the district ward of Hazlemere North and the parish ward of South shall comprise the area of the district ward of Hazlemere South.
3
The number of councillors to be elected for each of the parish wards shall be six.
Wards of the parish of Marlow
6
1
The existing wards of the parish of Marlow shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names North and West, and South East; the parish ward of North and West shall comprise the area of the district ward of Marlow North and West, and the parish ward of South East shall comprise the area of the district ward of Marlow South East.
3
The number of councillors to be elected for the North and West parish ward shall be seven and for the South East parish ward shall be five.
Maps
7
Wycombe District Council shall make a print of the map marked “Map of the District of Wycombe (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 Wycombe (Electoral Arrangements) Order 1980 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th July 2002
Glyn Mathias
Commissioner
11th July 2002
Neil McIntosh
Commissioner
11th July 2002
Karamjit Singh
Commissioner
11th July 2002
Sam Younger
Commissioner
11th July 2002
Graham Zellick
Commissioner
11th July 2002


text:
Citation, commencement and effect
1
These Regulations may be cited as the Child Tax Credit Regulations 2002 and shall come into force —
a
for the purpose of enabling claims to be made, on 1st August 2002;
b
for the purpose of enabling awards to be made, on 1st January 2003; and
c
for all other purposes on 6th April 2003;
and shall have effect for the tax year beginning on 6th April 2003 and subsequent tax years.
Interpretation
2
1
In these Regulations, unless the context otherwise requires —
“ the Act ” means the Tax Credits Act 2002;
“advanced education” means full-time education for the purposes of —
a course in preparation for a degree, a diploma of higher education, a higher national diploma, a higher national diploma or higher national certificate of Edexcel or the Scottish Qualifications Authority, or a teaching qualification; or
any other course which is of a standard above ordinary national diploma, a national diploma or national certificate of Edexcel or the Scottish Qualifications Authority, a general certificate of education (advanced level), a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies;
“the Careers Service” means —
in England and Wales, a person with whom the Secretary of State or the National Assembly of Wales has made arrangements under section 10(1) of the Employment Act , and a local education authority to whom the Secretary of State or the National Assembly of Wales has given a direction under section 10(2) of that Act,
in Scotland, a person with whom the Scottish Ministers have made arrangements under section 10(1) of the Employment Act and any education authority to which a direction has been given by the Scottish Ministers under section 10(2) of that Act, and
in Northern Ireland, a person with whom the Department for Employment and Learning has made arrangements under section 10(1) of the Employment Act and any education authority to which a direction has been given by that Department under section 10(2) of that Act;
“child” means a person who has not attained the age of sixteen or who falls within the terms of regulation 4;
“claimant” has the meaning in section 9(8) of the Act, except in regulation 7, where that expression and “joint claimants” have the meanings given in regulation 7(1);
“the Connexions Service” means a person of any description with whom the Secretary of State has made an arrangement under section 114(2)(a) of the Learning and Skills Act 2000 and section 10(1) of the Employment Act, and any person to whom he has given a direction under section 114(2)(b) of the former Act and section 10(2) of the latter Act;
“the Contributions and Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“custodial sentence” —
in England and Wales, has the meaning in section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 ,
in Scotland, means detention under a sentence imposed by a court under sections 44, 205, 207 or 208 of the Criminal Procedure (Scotland) Act 1995 , and
in Northern Ireland, means a custodial sentence under the Criminal Justice (Children) (Northern Ireland) Order 1998 ;
“disability living allowance” means a disability living allowance under section 71 of the Contributions and Benefits Act;
“the Employment Act” means the Employment and Training Act 1973;
“the family element of child tax credit” and “the individual element of child tax credit” shall be construed in accordance with section 9(3) of the Act;
“joint claim” and “single claim” shall be construed in accordance with section 3(8) of the Act;
“looked after by a local authority” has the meaning in section 22 of the Children Act 1989 , section 17(6) of the Children (Scotland) Act 1995 or (in Northern Ireland) Article 25 of the Children (Northern Ireland) Order 1995 (with the modification that for the reference to a local authority there is substituted a reference to an authority within the meaning in Article 2 of that Order);
the “main responsibility test” has the meaning given in Rule 2.2. of regulation 3;
the “normally living with test” has the meaning given in Rule 1.1. of regulation 3;
“Part 1” means Part 1 of the Act;
“patient” means a person (other than a person who is serving a custodial sentence) who is regarded as receiving free in-patient treatment within the meaning of the Social Security (Hospital In-patients) Regulations 1975 , or the Social Security (Hospital In-patients) Regulations (Northern Ireland) 1975 ;
“placing for adoption” means placing for adoption in accordance with the Adoption Agencies Regulations 1983 , the Adoption Agencies (Scotland) Regulations 1984 or the Adoption Agencies Regulations (Northern Ireland) 1989 ;
“qualifying young person” means a person, other than a child, who —
has not attained the age of nineteen, and
satisfies the conditions in regulation 5(3) and (4);
“recognised educational establishment” means an establishment recognised by the Secretary of State, the Scottish Ministers or the Department for Employment and Learning, as the case may be, as being, or as comparable to, a university, college or school;
“relevant training programme” means —
arrangements made under section 2 of the Employment Act , section 2 of the Enterprise and New Towns (Scotland) Act 1990 or section 1 of the Employment and Training Act (Northern Ireland) 1950 ,
arrangements made by the Secretary of State for persons enlisted in Her Majesty’s forces for any special term of service specified in regulations made under section 2 of the Armed Forces Act 1966 , or
for the purposes of the application of Council Regulation ( EEC ) No. 1408/71 , any corresponding provisions operated in another member State,
“remunerative work” means work which is —
done for payment or in expectation of payment,
undertaken for not less than 24 hours a week, calculated in accordance with regulation 4(3) of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 , and
not excluded from the meaning of engagement in remunerative work by regulation 4(2) of those Regulations;
and other expressions have the same meanings as defined in the Act.
2
In the application of these Regulations to Northern Ireland, a reference to a provision of an enactment which applies only to Great Britain or England and Wales, shall be construed, so far as necessary, as including a reference to the corresponding enactment applying to Northern Ireland.
Circumstances in which a person is or is not responsible for a child or qualifying young person
3
1
For the purposes of child tax credit the circumstances in which a person is or is not responsible for a child or qualifying young person shall be determined in accordance with the following Rules.
Rule 1
1.1
A person shall be treated as responsible for a child or qualifying young person who is normally living with him (the “normally living with test”).
1.2
This Rule is subject to Rules 2 to 4.
Rule 2 (Competing claims)
2.1
This Rule applies where —
a
a child or qualifying young person normally lives with two or more persons in —
i
different households, or
ii
the same household, where those persons are not limited to the members of a married couple or unmarried couple, or
iii
a combination of (i) and (ii), and
b
two or more of those persons make separate claims (that is, not a single joint claim made by a married couple or unmarried couple) for child tax credit in respect of the child or qualifying young person.
2.2
The child or qualifying young person shall be treated as the responsibility of —
a
only one of those persons making such claims, and
b
whichever of them has (comparing between them) the main responsibility for him (the “main responsibility test”),
subject to Rules 3 and 4.
Rule 3
3.1
The persons mentioned in Rule 2.2. (other than the child or qualifying young person) may jointly elect as to which of them satisfies the main responsibility test for the child or qualifying young person, and in default of agreement the Board may determine that question on the information available to them at the time of their determination.
Rule 4
4.1
A child or qualifying young person shall be treated as not being the responsibility of any person during any period in which any of the following Cases applies.
Case A
The child or qualifying young person is provided with, or placed in, accommodation under Part III of the Children Act 1989 , Part II of the Children (Scotland) Act 1995 or Part IV of the Children (Northern Ireland) Order 1995 , and the cost of that child’s or qualifying young person’s accommodation or maintenance is borne wholly or partly —
out of local authority funds under section 23 of the Children Act 1989 or section 26 of the Children (Scotland) Act 1995,
in Northern Ireland, by an authority, within the meaning in Article 2, and under Article 27, of that Order, or
out of other public funds.
This Case shall not apply in the circumstances prescribed in regulation 3 of the Child Benefit (General) Regulations 1976 , or regulation 3 of the Child Benefit (General) Regulations (Northern Ireland) 1979 .
Case B
The child or qualifying young person —
is being looked after by a local authority, and
has been placed for adoption by that authority in the home of a person proposing to adopt him,
and a local authority is making a payment in respect of the child’s or qualifying young person’s accommodation or maintenance, or both, under section 23 of the Children Act 1989, section 26 of the Children (Scotland) Act 1995 or Article 27 of the Children (Northern Ireland) Order 1995.
This Case applies in Northern Ireland with the modification that for references to a local authority there are substituted references to an authority (within the meaning in Article 2 of that Order).
Case C
A custodial sentence —
for life,
without limit of time,
of detention during Her Majesty’s pleasure,
in Northern Ireland, of detention during the pleasure of the Secretary of State, or
for a term or period of more than four months,
has been passed on the child or qualifying young person.
Case D The child (having attained the age of sixteen) or qualifying young person claims and is awarded child tax credit in his or her own right, in respect of a child for whom he or she is responsible, for that period.
2
Where —
a
a claimant is treated as responsible for a child or qualifying young person by virtue of the preceding Rules, and
b
the child or qualifying young person has a child of his or her own, normally living with him or her,
the claimant shall also be treated as responsible for, and as having made a claim for child tax credit in respect of, the child of the child or qualifying young person (but without prejudice to the facts as to which of them is mainly responsible for that child).
Period for which a person who attains the age of sixteen remains a child
4
A person who attains the age of sixteen remains a child for the purposes of Part 1 from the date on which he attained that age until immediately before the 1st September which next follows that date.
Maximum age and prescribed conditions for a qualifying young person
5
1
For the purposes of Part 1 a person ceases to be a qualifying young person (unless disqualified earlier under the following paragraphs) on the date on which he attains the age of nineteen.
2
A person who is not a child, but has not attained the age of nineteen years, is a qualifying young person for any period during which the following conditions are satisfied with regard to him.
3
The first condition is that he is either —
a
receiving full-time education, not being —
i
advanced education, or
ii
education received by that person by virtue of his employment or of any office held by him; or
b
under the age of eighteen years and —
i
has ceased to receive full-time education,
ii
is registered for work or training with the Careers Service, Connexions Service or the Department for Employment and Learning, and
iii
has not fallen within the preceding terms of this sub-paragraph for a consecutive period of twenty weeks.
4
The second condition is that the period in question is not (and does not include) —
a
a week in which he (having ceased to receive full-time education) becomes engaged in remunerative work;
b
a period —
i
in which training for that person is being provided under a relevant training programme; and
ii
in respect of which an allowance may be paid under that programme to that person; or
c
a period in respect of which that person receives income support or income-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995 .
5
For the purposes of paragraphs (3) and (4) full-time education is education received by a person attending a course of education —
a
at a recognised educational establishment, or
b
if the education is recognised by the Secretary of State, the Scottish Ministers or the Department for Employment and Learning, elsewhere,
where in pursuit of that course, the time spent receiving instruction or tuition, undertaking supervised study, examination or practical work or taking part in any exercise, experiment or project for which provision is made in the curriculum of the course, exceeds or exceeds on average 12 hours a week in normal term-time, and shall include normal gaps between the ending of one course and the commencement of another, where the person is enrolled on and commences the latter course.
6
In calculating the time spent in pursuit of the course, no account shall be taken of time occupied by meal breaks or spent on unsupervised study.
Entitlement to child tax credit after death of child or qualifying young person
6
If —
a
a child or qualifying young person dies, and
b
a person is (or would, if a claim had been made, have been) entitled to child tax credit in respect of the child or qualifying young person immediately before the death,
that person shall be entitled to child tax credit in respect of the child or qualifying young person for the period of eight weeks immediately following the death or, in the case of a qualifying young person, until the date on which he or she would have attained the age of nineteen, if earlier.
Determination of the maximum rate at which a person or persons may be entitled to child tax credit
7
1
In the following paragraphs —
a
in the case of a single claim (but not a joint claim), the person making the claim is referred to as the “claimant”; and
b
in the case of a joint claim, the members of the married couple or unmarried couple making the claim are referred to as the “joint claimants”.
2
The maximum rate at which a claimant or joint claimants may be entitled to child tax credit shall be the aggregate of —
a
the family element of child tax credit, and
b
an individual element of child tax credit, in respect of each child or qualifying young person for whom —
i
the claimant, or
ii
either or both of the joint claimants,
as the case may be, is or are responsible.
3
The family element of child tax credit —
a
in a case where any of the children referred to in paragraph (2)(b) above is under the age of one year, is £1,090; and
b
in any other case, is £545.
4
The individual element of child tax credit for any child or qualifying young person referred to in paragraph (2)(b) above —
a
where the child is disabled, is £3,600;
b
where the child is severely disabled, is £4,465;
c
in the case of any other child, is £1,445;
d
where the qualifying young person is disabled, is £3,600;
e
where the qualifying young person is severely disabled, is £4,465; and
f
in the case of any other qualifying young person, is £1,445.
Prescribed conditions for a disabled or severely disabled child or qualifying young person
8
1
For the purposes of section 9 of the Act a child or qualifying young person —
a
is disabled if he satisfies the requirements of paragraph (2); and
b
is severely disabled if he satisfies the requirements of paragraph (3).
2
A person satisfies the requirements of this paragraph if —
a
disability living allowance is payable in respect of him, or has ceased to be so payable solely because he is a patient; or
b
he is —
i
registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948 (welfare services) ,
ii
in Scotland, has been certified as blind in a register maintained by or on behalf of a local government area (as defined in the Local Government etc. (Scotland) Act 1994 ), or
iii
in Northern Ireland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; or
c
he ceased to be so registered or certified as blind within the 28 weeks immediately preceding the date of claim.
3
A person satisfies the requirements of this paragraph if the care component of disability living allowance —
a
is payable in respect of him, or
b
would be so payable but for either a suspension of benefit in accordance with regulations under section 113(2) of the Contributions and Benefits Act or an abatement as a consequence of hospitalisation,
at the highest rate prescribed under section 72(3) of that Act.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
30th July 2002


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Former Yugoslav Republic of Macedonia) Order 2002. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Barnsley Community and Priority Services National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
The Barnsley Community and Priority Services National Health Service Trust is hereby dissolved and accordingly the Barnsley Community and Priority Services National Health Service Trust (Establishment) Order 1991 is hereby revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
21st March 2002


text:
Citation and extent
1
1
This Order may be cited as the Homelessness Act 2002 (Commencement No. 3) (England) Order 2002.
2
This Order extends to England only.
Commencement
2
Section 14 of the Homelessness Act 2002 shall come into force, in so far as it confers powers to make regulation, on 5th December 2002.
3
The following provisions of the Homelessness Act 2002 shall come into force on 31st January 2003 —
section 13,
section 14, except in so far as already in force,
sections 15 and 16, and
section 18, except in so far as already in force.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of State
Office of the Deputy Prime Minister
4th December 2002


text:
Name and commencement
1
1
The name of this Order is the Bridgend (Cynffig, Cornelly and Pyle Communities) (Electoral Changes) Order 2002.
2
This Order shall come into force on 30th March 2002 for the purposes set out in regulation 4(1) (coming into operation of Order) of the Regulations as modified by paragraph (4).
3
For all other purposes this Order shall come into force on the appointed day.
4
In the said regulation 4(1), item (e) shall not apply to the constitution of any new community council.
Interpretation
2
In this Order —
“the appointed day” (“ y diwrnod penodedig ”) means 2nd May 2002;
“the boundary map” (“ y map ffiniau ”) means the map prepared by the National Assembly for Wales and marked “Map of the Bridgend (Cynffig, Cornelly and Pyle Communities) (Electoral Changes) Order 2002” and deposited in accordance with Regulation 5 of the Regulations;
“the Commission” (“ y Comisiwn ”) means the Local Government Boundary Commission for Wales;
“existing” (“ sy'n bodoli eisoes ”) in relation to the community of Cynffig means the community as it exists on the date of this Order.
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 as amended; and
Changes in Community Areas
3
1
The existing community of Cynffig shall be abolished.
2
There shall be a new community called Cornelly being the area shown on the boundary map.
3
There shall be a new community called Pyle being the area shown on the boundary map.
4
Where a boundary shown on the boundary map runs along a road, railway line, footway, waterway or similar geographical feature it shall be treated as running along the centre of that feature.
5
The number of councillors for each of the new communities of Cornelly and Pyle shall be nine.
Elections for the new community councils of Cornelly and Pyle
4
1
Elections of councillors for the new community councils of Cornelly and Pyle shall be held simultaneously on the appointed day and the persons elected shall take office on 6th May 2002 and retire on the fourth day after the ordinary election of councillors in 2004.
2
The annual meeting of the new community councils of Cornelly and Pyle shall be convened by the officer appointed by the County Borough Council of Bridgend for that purpose.
3
Those councillors holding office for the community of Cynffig immediately before the appointed day shall retire on that day.
Expenses of the new community councils of Cornelly and Pyle
5
1
In this article —
“the 1992 Act ” (“ Deddf 1992 ”) means the Local Government Finance Act 1992 ;
“the 1995 Regulations ” (“ Rheoliadau 1995 ”) means the Local Authorities (Precepts) (Wales) Regulations 1995 ;
“the new communities” (“ y cymunedau newydd ”) means the new community councils of Cornelly and Pyle;
“the prospective billing authority” (“ yr awdurdod bilio arfaethedig ”) means Bridgend County Borough Council;
“the relevant financial year” (“ y flwyddyn ariannol berthnasol ”) means the financial year beginning on 1st April 2002.
2
Section 41 of the 1992 Act (issue of precepts by local precepting authorities) shall have effect —
a
in relation to the new communities, the prospective billing authority and the relevant financial year; and
b
as respects the period beginning on 30th March 2002 and ending immediately before the day on which there is issued by the new communities precepts for the relevant financial year,
with the substitution for subsection (3) of the following subsection —
3
In making calculations in accordance with section 32 above (originally or by way of substitute) the billing authority shall take into account for the purposes of its estimate under section 32(2)(a) above an amount equal to that specified in article 5(6) of the Bridgend (Cynffig, Cornelly and Pyle Communities) (Electoral Changes) Order 2002.
.
3
In relation to the new communities, the prospective billing authority and the relevant financial year —
a
section 32 of the 1992 Act (calculation of budget requirements by billing authorities) shall have effect with the omission of subsection (6);
b
section 41(4) of the 1992 Act shall have effect with the substitution for the words “March in the financial year preceding that for which it is issued” of the words “October in the financial year for which it is issued”; and
c
the reference in section 54(4) of the 1992 Act (power to designate authorities) to a precept anticipated by a billing authority in pursuance of regulations under section 41 of the 1992 Act shall be construed as a reference to the amount specified in paragraph (6) of this article.
4
In relation to the amount taken into account for the purposes of section 32(2)(a) of the 1992 Act by virtue of paragraph (2) above, Chapter III of Part I of the 1992 Act (setting of council tax) shall have effect as if —
a
the amount were an item mentioned in section 35(1) of the 1992 Act (special items) which related to the new communities; and
b
the area of the prospective billing authority included the new communities.
5
The new communities shall make the calculations required by section 50 of the 1992 Act (calculation of budget requirement by local precepting authorities) for the relevant financial year so as to secure that the amount calculated as their budget requirement for that year does not exceed the amount specified in paragraph (6) below.
6
The amount specified in this paragraph in relation to each of the new communities is fifteen thousand pounds.
7
In relation to the new communities, the prospective billing authority and the relevant financial year, the 1995 Regulations shall have effect as if —
a
regulation 5 (information on schedules of payment); and
b
in sub-paragraphs (1), (2) and (3) of paragraph 8 of Part II of the Schedule (rules for determination of schedules in instalments) in each case the second “or” and the words following to the end of each sub-paragraph,
were omitted.
Local Acts, orders and byelaws
6
The existing community of Cynffig is specified in relation to regulation 41(4) (Local Acts, Orders and Byelaws) of the Regulations and the new communities of Cornelly and Pyle are hereby specified in relation to the said existing community.
Property, liabilities, contracts, etc , notices and proceedings
7
All the property and liabilities of the Cynffig Community Council specified in Column (1) of the table in the Schedule to this Order shall on the appointed day vest in the council specified in Column (2).
Signed
E.Hart
The Minister for Finance, Local Goverment and Communities
28th March 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Dorset) (Borough of Weymouth and Portland) Order 2002 and shall come into force on 25th November 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 Weymouth and Portland.
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 for Transport
John Spellar
Minister of State,
Department for Transport
28th October 2002


text:
1
1
These Regulations may be cited as the Lottery Duty (Amendment) Regulations 2002 and come into force on 17th October 2002.
2
These Regulations shall not affect the time when a ticket or chance is taken where that ticket or chance has been taken before the coming into force of these Regulations.
2
Amend the Lottery Duty Regulations 1993 as follows.
3
For the title to Part IV substitute “TICKETS OR CHANCES (SPECIAL PROVISIONS)”.
4
After the title to Part IV, but before regulation 9, insert —
The time when a ticket or chance is taken
A9
1
Where a ticket or chance is taken in a lottery the taking of the ticket or chance shall be treated as occurring on the day the lottery takes place.
2
This regulation applies to a ticket or chance taken in a lottery that is part of the National Lottery but does not apply to a ticket or chance where, before it is taken, it has been determined whether or not it will win.
.
5
In regulation 9 —
a
omit “and” at the end of sub-paragraph (a); and
b
omit sub-paragraph (b).
New King’s Beam House, 22 Upper Ground, London SE1 9PJ
M. J. Eland,
Commissioner of Customs and Excise
11th September 2002


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2002 and shall come into force on 14th November 2002.
Amendments to the Motor Cars (Driving Instruction) Regulations 1989
2
The Motor Cars (Driving Instruction) Regulations 1989 are amended in accordance with regulations 3, 4 and 5.
3
For regulation 3(4) there shall be substituted —
4
Subject to the provisions of this regulation, a person shall be regarded as having passed the examination only if the following conditions are fulfilled in his case —
a
he has on the same day passed both the written examination and the element of the driving ability and fitness test that tests hazard perception;
b
he has passed the remaining elements of the driving ability and fitness test on his first, second or third attempt after he had passed the written examination and the element of the driving ability and fitness test that tests hazard perception;
c
within two years after passing the written examination and having passed all of the elements of the driving ability and fitness test he made an application to take the instructional ability and fitness test; and
d
he has passed the instructional ability and fitness test on his first, second or third attempt after he had passed the written examination and on a date appointed by the Registrar in respect of an application made in accordance with sub-paragraph (c).
4
In regulation 4 —
1
For paragraph (f) there shall be substituted —
f
The fifth edition of the publication entitled “The Official Driving Test” ( ISBN 0-11-552254-9) issued by the Department for Transport, Local Government and the Regions and published by the Stationery Office;
2
For paragraph (j) there shall be substituted —
j
The fourth edition of the publication entitled “Driving — the essential skills” (ISBN 0-11-552224-7) issued by the Department for Transport, Local Government and the Regions and published by the Stationery Office;
5
For regulation 5 there shall be substituted —
5
1
The driving ability and fitness test shall consist of tests of hazard perception, eyesight and driving technique.
2
The candidate must —
a
take the test of hazard perception immediately after he has completed the written examination;
b
reach the qualifying standard in respect of the test of hazard perception before he may take the remaining elements of the driving ability and fitness test; and
c
must reach the qualifying standard in the tests of eyesight and driving technique on the same occasion.
3
The test of hazard perception shall —
a
be conducted by means of the exhibition of film clips that take the perspective of the driver of a motor vehicle and show, at some point during each film clip, one or more hazards to traffic occurring on or near the road; and
b
require the candidate (using electronic equipment provided for the purpose and capable of recording the exact moment of each response) to indicate during each film clip the moment he observes a hazard relating to traffic on the road.
And for the purposes of this paragraph “film clip” means a sequence of visual images displayed electronically.
4
A candidate taking the test of hazard perception must satisfy the examiner that his performance in the test of hazard perception demonstrates an ability to perceive hazards on the road.
5
The test of eyesight shall be a test of the candidate’s ability to read in good daylight (with the aid of glasses or contact lenses if worn), a motor vehicle registration mark containing letters and figures —
a
79 millimetres in height and 50 millimetres wide at a distance of 27 metres; or
b
79 millimetres in height and 57 millimetres wide at a distance of 27.5 metres.
6
A candidate taking the test of driving technique must satisfy the examiner on —
a
his expert handling of controls;
b
his use of correct road procedure;
c
his anticipation of the actions of other road users and taking of appropriate action;
d
his sound judgement of distance, speed and timing; and
e
his consideration for the convenience and safety of other road users.
7
A candidate taking the test of driving technique must satisfy the person conducting the test of his ability to meet the requirements specified in Schedule A1 to these Regulations.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
20th October 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the European Communities (Recognition of Professional Qualifications) (Amendment) Regulations 2002.
2
These Regulations come into force on 1st January 2003.
Amendment of the European Communities (Recognition of Professional Qualifications) Regulations 1991
2
The European Communities (Recognition of Professional Qualifications) Regulations 1991 shall be amended as set out in the Schedule.
Melanie Johnson,
Parliamentary Under-Secretary of State, for Competition, Consumers and Markets,
Department of Trade and Industry
11th December 2002


text:
1
These Regulations may be cited as the Income Tax (Benefits in Kind) (Exemption for Employment Costs resulting from Disability) Regulations 2002 and shall come into force on 9th July 2002.
2
In these Regulations —
a
“the Access to Work programme” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 , in Scotland, made under section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 or, in Northern Ireland, made by or on behalf of the Department of Employment and Learning under section 1 of the Employment and Training (Northern Ireland) Act 1950 ; and
b
any reference to a section, without more, is to that section of the Income and Corporation Taxes Act 1988.
3
There shall be exempted from section 154 any benefit which satisfies each of the following conditions.
Condition 1
The benefit is provided to a disabled employee.
Condition 2
The main purpose of providing the benefit is to enable the employee to perform the duties of his employment.
Condition 3
The benefit consists in the provision of a hearing aid or other equipment, services or facilities, excepting any excluded benefit within the meaning in section 155ZA and Regulations made under that section.
Condition 4
The benefit is provided under, or within the terms of the provisions of, the Disability Discrimination Act 1995 , the Access to Work programme, or any other statutory provision or arrangements, whether or not the employer has any legal duty to provide the benefit.
Condition 5
The benefit is made available to the employer’s employees generally on similar terms (which include terms identical to Conditions 1 to 4).
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
18th June 2002


text:
Title, commencement and interpretation
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2002 and shall come into force on 1st November 2002.
Amendment of the Medicines (Products for Animal Use — Fees) Regulations 1998
2
1
In the Schedule, in respect of each provision of the Medicines (Products for Animal Use — Fees) Regulations 1998 specified in column (1), the fee in column (4) is substituted for the fee in column (3).
2
In Schedule 3 to those Regulations —
a
in Part II, paragraph 1 (calculation of annual fees) there shall be substituted the figure “£280” for the figure “£275”, the figure “£19,880” for the figure “£19,600”, and the figure “0.47%” for the figure “0.46%”;
b
in Part II, paragraph 2 (calculation of annual fees) there shall be substituted the figure “0.71%” for the figure “0.7%”; and
c
in Part III (calculation of annual fee — emergency vaccines) there shall be substituted the figure “0.71%” for the figure “0.7%”.
Transitional provisions
3
1
Subject to paragraphs (2), (3) and (4), these Regulations shall not apply in respect of any application made before these Regulations come into force or in respect of annual fees based on turnover in a past calendar year.
2
The fee for any inspection made after these Regulations come into force in connection with any application made before they come into force is the fee specified in these Regulations.
3
The fee for the renewal of a marketing authorisation, licence or certificate is the fee payable at the time the renewal is due.
4
These regulations apply in respect of annual fees which are calculated on turnover in the calendar year 2001 and are still payable.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
4th October 2002
Bairbre De Brun
Minister of Health, Social Services and Public Safety
9th October 2002
Brid Rodgers
Minister of Agriculture and Rural Development
4th October 2002
We consent
John Heppell
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
10th October 2002


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (General Medical Services) 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 (General Medical Services) Regulations 1992 .
4
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
2
In regulation 2(1) (interpretation), omit the definition of “Medical Practices Committee”.
Amendment of Part II of the principal Regulations
3
In regulation 4 (medical list), in paragraphs (3) and (5)(f) for “by the Medical Practices Committee” in each place those words occur substitute “by the Health Authority”.
4
1
Regulation 5A (preferential right to be included in medical list) shall be amended in accordance with the following paragraphs.
2
In paragraph (2)(a) for “the Medical Practices Committee” substitute “the Health Authority”.
3
In paragraph (2)(b) for “under section 33(4)(b) of the Act” substitute “under regulation 13(1)(c)”.
4
Omit paragraph (4).
5
In regulation 6 (amendment of or withdrawal from the medical list), in paragraph (5) from “Where a Health Authority” to “and the Medical Practices Committee grants such variation,” substitute “Where the Health Authority grants an application for the variation of a condition imposed pursuant to regulation 13(1)(b),”.
Amendment of Part III of the principal Regulations
6
Omit regulations 10 (Medical Practices Committee — appointment of members and tenure of office) and 11 (references and reports to the Medical Practices Committee by a Health Authority).
7
For regulation 12 (decisions of the Medical Practices Committee) substitute —
Consideration of vacancies by Health Authorities
12
1
A Health Authority may consider at any time whether there is, or will be, a vacancy for a doctor to provide general medical services in their area.
2
A Health Authority must consider whether there is, or will be, a vacancy for a doctor in their area if —
a
it has been asked to do so by a doctor who provides general medical services in their area; or
b
a doctor has died, or has withdrawn from, or been removed from, the Health Authority’s medical list.
3
Where paragraph (2) applies and where a doctor’s prospective patients are situated in the area of more than one Health Authority, any of those Health Authorities may —
a
elect to consider separately whether there is a vacancy for a doctor in respect of the prospective patients residing in their area; or
b
agree to deal jointly with one or more other Health Authorities with prospective patients residing in their areas.
4
In a case falling within paragraph (3)(b), the Health Authority in whose area reside the largest number of prospective patients shall decide whether to declare a vacancy, and, if it does so, it shall proceed in accordance with regulation 13.
5
If a Health Authority is considering whether or not there is, or will be, a vacancy, the Health Authority shall before reaching a decision —
a
consider the matters set out in Part I of Schedule 3;
b
obtain from any other Health Authority in whose area prospective patients reside, such information as it thinks necessary.
6
In reaching their decision a Health Authority shall, in particular, take account of —
a
persons in their area performing personal medical services;
b
any relevant financial considerations;
c
the effect of creating a vacancy on any other Health Authority or Health Board in whose area prospective patients reside;
d
any services outside general medical services and personal medical services already provided by doctors in their area.
.
8
1
Regulation 13 (declaration of vacancies) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) for “If the Medical Practices Committee” to “in a locality” substitute “If a Health Authority decides that the number of doctors undertaking to provide general medical services in the area”.
3
For paragraph (1)(c) substitute —
c
may impose the condition that any doctor who is to fill a particular vacancy may provide general medical services only in such part of the area as the Health Authority may specify.
.
4
In paragraph (2)(e)(ii) from “as shall have been specified in” to the end, substitute “as the Health Authority may specify.”.
5
Omit paragraphs (3) and (4).
6
After paragraph (4) add —
5
In a case to which regulation 12(3)(b) applies, before deciding which of the conditions set out in paragraph (2) it is appropriate to specify, the Health Authority declaring the vacancy shall consult any Health Authority in whose area prospective patients reside.
6
When a Health Authority declares a vacancy to which regulation 18A or 18B applies, the vacancy will automatically lapse by effluxion of time after a period of 12 months beginning with the date of the declaration of the vacancy.
7
When a Health Authority declares a vacancy for a sole practitioner, it shall advertise the vacancy within three months of the declaration of the vacancy or such further period as may be agreed by the Secretary of State.
8
The Health Authority shall notify their decision in writing, giving reasons, to —
a
the Local Medical Committee;
b
any doctor who made a request under regulation 12(2)(a);
c
any Health Authority or Health Board in whose area prospective patients reside.
9
In this Part of these Regulations, where the prospective patients of a doctor reside in the area of more than one Health Authority, or in the area of both a Health Authority and a Health Board, any reference to “area” shall be construed as a reference to those areas in which prospective patients reside.
.
9
Omit regulation 14 (report by Health Authority to Medical Practices Committee).
10
1
For regulation 15 (variation and revocation of decisions of the Medical Practices Committee) substitute —
Variation and revocation of decisions of Health Authorities
15
1
Subject to paragraph (2), the Health Authority which declared a vacancy may —
a
except in cases where an additional doctor has already been nominated or approved pursuant to regulation 18A, 18B or 18C, revoke a decision made pursuant to regulation 13(1) to declare a vacancy for an additional doctor in the area;
b
in the case of a condition imposed pursuant to regulation 13(1)(b) (or such a condition as varied pursuant to this regulation), vary the condition by imposing in relation to any doctor who fills or would fill that particular vacancy another condition set out in regulation 13(2);
c
in the case of a condition imposed pursuant to regulation 13(1)(c) (or such a condition as varied pursuant to this regulation), revoke the condition or vary it by specifying such other part of the area in which the doctor is to be excluded from providing general medical services as the Health Authority considers appropriate; or
d
refuse to vary or revoke the decision in question.
2
The Health Authority may not vary or revoke any decision referred to in paragraph (1)(b) or (c) without the written consent of any doctor to whom the existing condition applies.
3
Before making a decision to vary or revoke a decision under this regulation, the Health Authority shall consult —
a
the Local Medical Committee for its area;
b
any Health Authority (or where regulation 18J applies, any Health Board) in whose area prospective patients reside.
4
In cases where the Health Authority has, at the request or with the consent of a particular doctor, considered whether to vary a condition imposed pursuant to regulation 13(1)(b) or vary or revoke a condition imposed pursuant to regulation 13(1)(c) then the Health Authority shall give to that doctor a written statement of the reasons for its decision.
.
11
For regulation 16 (effect of variation or revocation) substitute —
16
A decision of a Health Authority under regulation 13 or 15 has effect until it is varied or revoked, or expires by effluxion of time pursuant to regulation 13(6).
.
12
1
Regulation 17 (decision by Health Authority as to type of vacancy) shall be amended in accordance with the following paragraphs.
2
For paragraph (1) substitute —
1
This regulation applies where a Health Authority decides that there is a vacancy for an additional doctor in the area.
.
3
In paragraphs (2) and (3) for “If the Health Authority made a reference pursuant to regulation 11(1)” in each place where those words occur substitute “Where the Health Authority considered in accordance with regulation 12(2)(a) whether to declare a vacancy”.
4
For paragraph (5) substitute —
5
In making their decision the Health Authority must —
a
in a case to which regulation 12(3)(b) applies, consult any Health Authority in whose area the prospective patients reside; and
b
take account, in particular, of the needs of the patients in the area.
.
13
In regulation 18 (consultation with Local Medical Committee) —
a
for sub-paragraphs (a) to (c) substitute —
a
declares a vacancy under regulation 13(1)(a),
b
imposes conditions on a doctor under regulation 13(1)(b),
c
decides under regulation 15 to vary or revoke a decision,
;
b
after sub-paragraph (f), for “where regulation 11(2)(a)” substitute “where regulation 12(1)”.
14
In regulation 18A(4) (particular partnership vacancies), after “agreed” add “(after consultation with any other Health Authority in whose area prospective patients reside).”.
15
1
Regulation 18B (general partnership vacancies) shall be amended in accordance with the following paragraphs.
2
In paragraph (2) for “in the locality” in each place where those words occur substitute “in the area”;
3
After paragraph (2) insert —
2A
Before setting the criteria referred to in paragraph (2)(a), the Health Authority must consult any other Health Authority in whose area prospective patients reside.
.
4
In paragraph (7), after “agreed between the Health Authority” insert “(after consultation with any other Health Authority in whose area prospective patients reside)”.
16
1
Regulation 18C (vacancies for sole practitioners) shall be amended in accordance with the following paragraphs.
2
In paragraph (6) omit “to the Secretary of State”.
3
In paragraph (7) —
a
for “regulation 12(4)(d)” substitute “regulation 13(7)”;
b
for “must make a further reference” to the end, substitute “must consider again in accordance with regulation 12 whether there is, or will be, a vacancy in the area.”.
4
For paragraph (8) substitute —
8
No vacancy may be re-advertised until the expiry of the period for appeal, or, if an appeal is lodged under regulation 18G, until that appeal is dismissed.
.
17
1
Regulation 18D (advertisement of vacancies for sole practitioners) shall be amended in accordance with the following paragraphs.
2
For paragraph (1)(a) substitute —
a
the Health Authority has declared a vacancy, pursuant to regulation 13(1)(a), for an additional doctor in the area; and
.
3
In paragraph (2) for “within such period as the Medical Practices Committee has specified pursuant to regulation 12(4)(d),” substitute “within the period specified in regulation 13(7),”.
4
In paragraph (3) —
a
in sub-paragraph (b) for “by the Medical Practices Committee” substitute “by the Health Authority”;
b
for “the locality” substitute “the area”.
5
In paragraph (6) for “the locality” substitute “the area, and shall be set after consultation with any other Health Authority in whose area prospective patients reside”.
18
In regulation 18E (criteria for approval and nomination), in paragraph (3) omit “to the Secretary of State”.
19
1
Regulation 18F (entry on to medical list) shall be amended in accordance with the following paragraphs.
2
In paragraph (1), omit “, and shall inform the Medical Practices Committee that it has done so.”.
3
After paragraph (1) insert —
2A
The other Authorities are those whose areas include any part of the area in respect of which the vacancy was declared or, where the Health Authority has imposed a condition pursuant to regulation 13(1)(c), those whose areas include any part of the specified area.
.
4
In paragraph (3) omit “to the Secretary of State”.
20
In regulation 18G (appeal to the Secretary of State) —
a
in paragraphs (1) and (3)(a) for “the Secretary of State” in each place those words occur, substitute “the FHSAA ”;
b
omit paragraphs (4) and (5) and (7) to (14).
21
Omit regulations 18H (cases not requiring a reference to the Medical Practices Committee) and 18I (procedure in cases to which regulation 18H applies).
22
For regulation 18J (cross-border vacancies) substitute —
Cross-border vacancies
18J
1
This regulation applies where —
a
a Health Authority is considering under regulation 12(1) or (2) whether there is, or will be, a vacancy; and
b
a doctor’s prospective patients are situated in the area of one or more Health Authorities in England and of one or more Health Boards in Scotland.
2
A Health Authority may elect to consider separately whether there is a vacancy in respect of prospective patients residing in their area.
3
Where two or more Health Authorities agree to deal jointly with prospective patients residing in their areas, the Health Authority in whose area reside the largest number of the prospective patients of the additional doctor shall decide whether there is a vacancy and deal with it in accordance with the provisions contained in this Part of these Regulations.
4
However, if one or more Health Authorities and one or more Health Boards agree to deal jointly with prospective patients residing in their areas, and the largest number of those prospective patients reside in the area of one of the Health Authorities, it shall be that Health Authority which shall decide whether there is a vacancy and deal with it in accordance with the provisions contained in this Part of these Regulations.
5
Any Health Authority in whose area will reside any patient who is expected to be on the doctor’s list of patients (other than the Health Authority which is responsible for making the decision as to whether there is a vacancy) shall provide whatever information the Health Authority making the decision requires.
6
Before —
a
declaring a vacancy under regulation 13(1)(a);
b
imposing conditions on a doctor under regulation 13(1)(b);
c
making a decision as to whether an additional doctor should be a member of a partnership or a sole practitioner pursuant to regulation 17(4);
d
setting or agreeing criteria pursuant to regulation 18D(5);
e
nominating or approving an additional or replacement doctor pursuant to regulation 18A, 18B or 18C,
the Health Authority must consult the Local Medical Committee and any other Health Authority or Health Board in whose area reside individuals who are, or are expected to be, on the doctor’s list of patients.
7
Where, under any provision of Regulations made under section 19B(3)(c) of the National Health Service (Scotland) Act 1978 corresponding to this regulation, a Health Board has nominated or approved an additional doctor in respect of prospective patients some of whom live in the area of a Health Authority, that Health Authority shall enter the name of the additional doctor in their medical list, subject to the following being met —
a
any requirement as to consultation in the same terms as paragraph (6); and
b
the criteria set out in regulation 18E(1).
23
1
Regulation 18K (practice vacancies where patients are subject to pilot scheme proposals) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
for sub-paragraph (a) substitute —
a
a Health Authority is considering under regulation 12(1) or (2) whether to declare a vacancy, or has declared a vacancy pursuant to regulation 13(1)(a); and
;
b
for sub-paragraph (d) substitute —
d
either —
i
the Health Authority is considering under regulation 12(1) or (2) whether to declare a vacancy but has not yet reached a decision, or
ii
the Health Authority has declared a vacancy for an additional doctor in the area but the Health Authority has not yet nominated or approved a doctor pursuant to regulation 18A, 18B or 18C.
.
3
For paragraph (2) substitute —
2
In a case referred to in paragraph (1), without prejudice to any steps that may already have been taken, a Health Authority shall not —
a
consider under regulation 12(1) or (2) whether to declare a vacancy;
b
declare a vacancy pursuant to regulation 13(1)(a);
c
decide whether an additional doctor should be a member of a partnership or a sole practitioner pursuant to regulation 17(4);
d
nominate or approve an additional doctor pursuant to regulation 18A, 18B or 18C; or
e
give notice or further notice of the vacancy in accordance with regulation 18D,
until such time as one of the events set out in paragraph (3) has occurred.
.
4
Omit paragraph (4).
24
For Regulation 18L (transitional provision) substitute —
Transitional provisions
18L
1
Any decision of the Medical Practices Committee taken before 1st April 2002 shall on or after that date have effect as though the decision had been made by the Health Authority which made the reference to the Medical Practices Committee, or the Health Authority which by virtue of article 7 of the Health Authorities (Establishment and Abolition) (England) Order 2002 (“the 2002 Order ”) is deemed to have made the reference.
2
Any condition of practice imposed before 1st April 2002 by the Medical Practices Committee under regulation 13(1)(b) or (1)(c), or such a condition as varied by the Medical Practices Committee pursuant to regulation 15(1), as then in force, shall on or after that date have effect as though the condition had been imposed by the Health Authority which by virtue of article 7 of the 2002 Order is deemed to have made the reference.
3
Subject to paragraph (4), where before 1st April 2002 —
a
a reference had been made to the Medical Practices Committee under regulation 11(1) as then in force, but the Medical Practices Committee had not made a decision by that date; or
b
an application had been made to the Medical Practices Committee under regulation 15 as then in force, but the Medical Practices Committee had not determined the application by that date,
the decision, or as the case may be, the determination shall be made in accordance with these Regulations by the Health Authority which made the reference or application or which by virtue of article 7 of the 2002 Order is deemed to have made the reference or application.
4
Where the reference to the Medical Practices Committee was made at the request of a doctor providing general medical services in the area, that doctor may, on or after the 1st April 2002, choose to withdraw the request and make a new request for consideration of the vacancy instead.
Amendment of regulation 37
25
In regulation 37 (publication of particulars), in paragraph (3)(a) omit “the Medical Practices Committee,”.
Amendment of regulation 40
26
In regulation 40 (certificate that transaction does not involve sale of goodwill), for “the Medical Practices Committee” substitute “the Secretary of State”.
Amendment of Schedule 2
27
1
Schedule 2 (terms of service) shall be amended in accordance with the following provisions.
2
In paragraph 24(3) for “to the Medical Practices Committee” substitute “to the Secretary of State”.
3
In paragraph 24(4) —
a
for “the Medical Practices Committee” in each place where those words occur substitute “the Secretary of State”;
b
for “that Committee” substitute “the Secretary of State”.
4
In paragraph 29(8)(b) for “pursuant to section 33(4)(b) or (5) of the Act” and in paragraph 29A(3)(b) for “pursuant to section 33(4)(b) of the Act” substitute “under regulation 13(1)(c).”.
5
In paragraph 32 —
a
in paragraph (1), for “the Medical Practices Committee” in each place where those words occur substitute “the Secretary of State”;
b
in paragraph (2) —
i
for “regulation 18A, 18B, 18C or 18I,” substitute “regulation 18A, 18B or 18C”,
ii
for “the Secretary of State” in each place where those words occur substitute “the FHSAA”.
6
In paragraph 33(1) for “the Medical Practices Committee” substitute “the Secretary of State”.
7
In paragraph 34 (practice area), for sub-paragraph (2) substitute —
2
A doctor shall not, contrary to any condition imposed by the Health Authority, or on appeal the Secretary of State, under regulation 13(1)(c), open practice premises in any area or part of an area where, at the time of his application to open such premises, the Health Authority is of the opinion that the number of medical practitioners undertaking to provide general medical services in that area or part of that area is already adequate.
.
Amendment of Schedule 3
28
1
Schedule 3 shall be amended in accordance with the following provisions.
2
For the heading to Part I (information to be included in a report by a Health Authority when making a reference to the Medical Practices Committee) substitute —
Information to be considered by a Health Authority when deciding whether or not to declare a vacancy
.
3
Omit paragraphs 9 and 10.
4
For the heading to Part IB (additional information to be included where the reference is being made to the Medical Practices Committee on the death of a doctor, or the withdrawal or removal of a doctor from a medical list) substitute —
B
Additional information to be considered where the Health Authority is deciding whether or not to declare a vacancy on the death of a doctor, or on the withdrawal or removal of a doctor from a medical list
.
5
In paragraph 13 for “If the Medical Practices Committee so requests,” substitute “Where the Health Authority considers it necessary,”.
6
Omit Part II (information to be included in a report by a Health Authority to the Medical Practices Committee concerning adequacy of services).
Amendment of Schedule 7
29
In Schedule 7 (form of certificate to be issued by Medical Practices Committee under paragraph 1(3) of Schedule 10 to the National Health Service Act 1977) —
a
for the heading substitute “Form of Certificate to be issued by the Secretary of State under paragraph 1(3) of Schedule 10 to the National Health Service Act 1977”;
b
for “the Medical Practices Committee” in each place where those words occur substitute “the Secretary of State”;
c
for “Signature of the chairman or other member authorised by the Medical Practices Committee.” substitute “Signed by authority of the Secretary of State for Health.”.
Amendment of Schedule 8
30
In Schedule 8 (doctors' hours) —
a
in Part I (information to be included with any application under paragraph 29 of Schedule 2), for paragraph 8 substitute —
8
The terms of any condition imposed by the Health Authority under regulation 13(1)(c).
;
b
in Part IV (illustrative list of health-related activities), in the last entry omit “or the Medical Practices Committee”.
Further amendments of Schedule 2 to the principal Regulations
31
1
In the principal Regulations, Schedule 2 (terms of service) shall be amended in accordance with the following paragraphs.
2
In paragraph 23A(1) (assistants and deputies) for “before 28th February 2002.” substitute “before 31st March 2002.”.
3
After paragraph 50A ( NCAA assessment), insert the following paragraph —
Appraisal Scheme
50B
A doctor shall participate in the appraisal scheme provided by the Health Authority.
.
Minor amendments of the principal Regulations
32
The principal Regulations shall be amended in accordance with the provisions of the Schedule.
Signed by the authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Leasehold Reform (Notices) (Amendment) (England) Regulations 2002 and shall come into force on 26th July 2002.
2
These Regulations extend to England only.
Amendments
2
In the Schedule to the Leasehold Reform (Notices) Regulations 1997 —
a
for Form 1, substitute Form 1 in the Schedule to these Regulations; and
b
for Form 2, substitute Form 2 in that Schedule.
Application
3
These Regulations shall only apply to cases where a notice under Part 1 of the Leasehold Reform Act 1967 (tenant’s notice of desire to have or claim to be entitled to acquire the freehold or an extended lease) was given on or after the date these Regulations come into force.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
1st July 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Crawley (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, 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“borough” means the borough of Crawley;
“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 Crawley (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 Crawley Borough Council.
Wards of the borough of Crawley
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas 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 (2) of Schedule 1.
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 Crawley
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Crawley Borough Council shall make a print of the map marked “Map referred to in the Borough of Crawley (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 Crawley (Electoral Arrangements) Order 1977 is revoked, save for articles 8 and 9(8).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002