text:
PART 1
Introduction
Citation and commencement
1
These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 and shall come into force on 8th December 2002.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“adopter”, in relation to a child, means a person who has been matched with the child for adoption;
“adoption agency” has the meaning given, in relation to England and Wales, by section 1(4) of the Adoption Act 1976 and in relation to Scotland, by section 1(4) of the Adoption (Scotland) Act 1978 ;
“ the Board ” means the Commissioners of Inland Revenue;
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 2001 ;
“expected week”, in relation to the birth of a child, means the week, beginning with midnight between Saturday and Sunday, in which it is expected that the child will be born;
“statutory paternity pay (adoption)” means statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act where the conditions specified in section 171ZB(2) of the Act are satisfied;
“statutory paternity pay (birth)” means statutory paternity pay payable in accordance with the provisions of Part 12ZA of the Act where the conditions specified in section 171ZA(2) of the Act are satisfied.
2
For the purposes of these Regulations —
a
a person is matched with a child for adoption when an adoption agency decides that that person would be a suitable adoptive parent for the child, either individually or jointly with another person, and
b
a person is notified of having been matched with a child on the date on which he receives notification of the agency’s decision, under regulation 11(2) of the Adoption Agencies Regulations 1983 or regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996 .
Application
3
1
Subject to the provisions of Part 12ZA of the Act (statutory paternity pay) and of these Regulations, there is entitlement to —
a
statutory paternity pay (birth) in respect of children —
i
born on or after 6th April 2003; or
ii
whose expected week of birth begins on or after that date;
b
statutory paternity pay (adoption) in respect of children —
i
matched with a person who is notified of having been matched on or after 6th April 2003; or
ii
placed for adoption on or after that date.
2
Subject to the provisions of Part 12ZB of the Act (statutory adoption pay) and of these Regulations, there is entitlement to statutory adoption pay in respect of children —
a
matched with a person who is notified of having been matched on or after 6th April 2003; or
b
placed for adoption on or after that date.
PART 2
Statutory paternity pay (birth)
Conditions of entitlement to statutory paternity pay (birth): relationship with newborn child and child’s mother
4
The conditions prescribed under section 171ZA(2)(a) of the Act are those prescribed in regulation 4(2)(b) and (c) of the Paternity and Adoption Leave Regulations 2002 .
Modification of entitlement conditions: early birth
5
Where a person does not meet the conditions specified in section 171ZA(2)(b) to (d) of the Act because the child’s birth occurred earlier than the 14th week before the expected week of the birth, it shall have effect as if, for the conditions there set out, there were substituted the conditions that —
a
the person would, but for the date on which the birth occurred, have been in employed earner’s employment with an employer for a continuous period of at least 26 weeks ending with the week immediately preceding the 14th week before the expected week of the child’s birth;
b
his normal weekly earnings for the period of 8 weeks ending with the week immediately preceding the week in which the child is born are not less than the lower earnings limit in force under section 5(1)(a) of the Act immediately before the commencement of the week in which the child is born.
Period of payment of statutory paternity pay (birth)
6
1
Subject to paragraph (2) and regulation 8, a person entitled to statutory paternity pay (birth) may choose the statutory paternity pay period to begin on —
a
the date on which the child is born or, where he is at work on that day, the following day;
b
the date falling such number of days after the date on which the child is born as the person may specify;
c
a predetermined date, specified by the person, which is later than the first day of the expected week of the child’s birth.
2
In a case where statutory paternity pay (birth) is payable in respect of a child whose expected week of birth begins before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (birth) agrees to the period beginning earlier.
3
A person may choose for statutory paternity pay (birth) to be paid in respect of a period of a week.
4
A choice made in accordance with paragraph (1) or (2) is not irrevocable, but where a person subsequently makes a different choice in relation to the beginning of the statutory pay period, section 171ZC(1) of the Act shall apply to it.
Additional notice requirements for statutory paternity pay (birth)
7
1
Where the choice made by a person in accordance with paragraph (1) of regulation 6 and notified in accordance with section 171ZC(1) of the Act is that mentioned in sub-paragraph (a) or (b) of that paragraph, the person shall give further notice to the person liable to pay him statutory paternity pay, as soon as is reasonably practicable after the child’s birth, of the date the child was born;
2
Where the choice made by a person in accordance with paragraph (1) of regulation 6 and notified in accordance with section 171ZC(1) of the Act is that specified in sub-paragraph (c) of that paragraph, and the date of the child’s birth is later than the date so specified, the person shall, if he wishes to claim statutory paternity pay (birth), give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which statutory paternity pay is to be paid shall begin on a date different from that originally chosen by him.
3
That date may be any date chosen in accordance with paragraph (1) of regulation 6.
Qualifying period for statutory paternity pay (birth)
8
The qualifying period for the purposes of section 171ZE(2) of the Act (period within which the statutory paternity pay period must occur) is a period which begins on the date of the child’s birth and ends —
a
except in the case referred to in paragraph (b), 56 days after that date;
b
in a case where the child is born before the first day of the expected week of its birth, 56 days after that day.
Evidence of entitlement to statutory paternity pay (birth)
9
1
A person shall provide evidence of his entitlement to statutory paternity pay (birth) by providing in writing to the person who will be liable to pay him statutory paternity pay (birth) —
a
the information specified in paragraph (2);
b
a declaration that he meets the conditions prescribed under section 171ZA(2)(a) of the Act and that it is not the case that statutory paternity pay (birth) is not payable to him by virtue of the provisions of section 171ZE(4) of the Act.
2
The information referred to in paragraph (1)(a) is as follows —
a
the name of the person claiming statutory paternity pay (birth);
b
the expected week of the child’s birth and, where the birth has already occurred, the date of birth;
c
the date from which it is expected that the liability to pay statutory paternity pay (birth) will begin;
d
whether the period chosen in respect of which statutory paternity pay (birth) is to be payable is a week.
3
The information and declaration referred to in paragraph (1) shall be provided at least 28 days before the date mentioned in sub-paragraph (c) of paragraph (2) or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter.
4
Where the person who will be liable to pay statutory paternity pay (birth) so requests, the person entitled to it shall inform him of the date of the child’s birth within 28 days, or as soon as is reasonably practicable thereafter.
Entitlement to statutory paternity pay (birth) where there is more than one employer
10
Statutory paternity pay (birth) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer —
a
who is not liable to pay him statutory paternity pay (birth); and
b
for whom he has worked in the week immediately preceding the 14th week before the expected week of the child’s birth.
PART 3
Statutory paternity pay (adoption)
Conditions of entitlement to statutory paternity pay (adoption): relationship with child and with person with whom the child is placed for adoption
11
1
The conditions prescribed under section 171ZB(2)(a) of the Act are that a person —
a
is married to or the partner of a child’s adopter (or in a case where there are two adopters, married to or the partner of the other adopter), and
b
has, or expects to have, the main responsibility (apart from the responsibility of the child’s adopter, or in a case where there two adopters, together with the other adopter) for the upbringing of the child.
2
For the purposes of paragraph (1), “partner” means a person (whether of a different sex or the same sex) who lives with the adopter and the child in an enduring family relationship but is not a relative of the adopter of a kind specified in paragraph (3).
3
References to relationships in paragraph (2) —
a
are to relationships of the full blood or half blood, or, in the case of an adopted person, such of those relationships as would exist but for the adoption, and
b
include the relationship of a child with his adoptive, or former adoptive parents but do not include any other adoptive relationships.
Period of payment of statutory paternity pay (adoption)
12
1
Subject to paragraph (2) and regulation 14, a person entitled to statutory paternity pay (adoption) may choose the statutory paternity pay period to begin on —
a
the date on which the child is placed with the adopter or, where the person is at work on that day, the following day;
b
the date falling such number of days after the date on which the child is placed with the adopter as the person may specify;
c
a predetermined date, specified by the person, which is later than the date on which the child is expected to be placed with the adopter.
2
In a case where statutory paternity pay (adoption) is payable in respect of a child matched with an adopter who is notified of having been matched before 6th April 2003, the statutory paternity pay period shall begin on a predetermined date, specified by the person entitled to such pay in a notice under section 171ZC(1) of the Act, which is at least 28 days after the date on which that notice was given, unless the person liable to pay statutory paternity pay (birth) agrees to the period beginning earlier.
3
A person may choose for statutory paternity pay (adoption) to be paid in respect of a period of a week.
4
A choice made in accordance with paragraph (1) is not irrevocable, but where a person subsequently makes a different choice in relation to the beginning of the statutory paternity pay period, section 171ZC(1) of the Act shall apply to it.
Additional notice requirements for statutory paternity pay (adoption)
13
1
Where the choice made by a person in accordance with paragraph (1) of regulation 12 and notified in accordance with section 171ZC(1) of the Act is that mentioned in sub-paragraph (a) or (b) of that paragraph, the person shall give further notice to the person liable to pay him statutory paternity pay as soon as is reasonably practicable of the date on which the placement occurred.
2
Where the choice made by a person in accordance with paragraph (1) of regulation 12 and notified in accordance with section 171ZC(1) of the Act is that mentioned in sub-paragraph (c) of that paragraph, or a date is specified under paragraph (2) of that regulation, and the child is placed for adoption later than the date so specified, the person shall, if he wishes to claim statutory paternity pay (adoption), give notice to the person liable to pay it, as soon as is reasonably practicable, that the period in respect of which statutory paternity pay is to be paid shall begin on a date different from that originally chosen by him.
3
That date may be any date chosen in accordance with paragraph (1) of regulation 12.
Qualifying period for statutory paternity pay (adoption)
14
The qualifying period for the purposes of section 171ZE(2) of the Act (period within which the statutory pay period must occur) is a period of 56 days beginning with the date of the child’s placement for adoption.
Evidence of entitlement for statutory paternity pay (adoption)
15
1
A person shall provide evidence of his entitlement to statutory paternity pay (adoption) by providing in writing to the person who will be liable to pay him statutory paternity pay (adoption) —
a
the information specified in paragraph (2);
b
a declaration that he meets the conditions prescribed under section 171ZB(2)(a) of the Act and that it is not the case that statutory paternity pay (adoption) is not payable to him by virtue of the provisions of section 171ZE(4) of the Act;
c
a declaration that he has elected to receive statutory paternity pay (adoption), and not statutory adoption pay under Part 12ZB of the Act.
2
The information referred to in paragraph (1) is as follows —
a
the name of the person claiming statutory paternity pay (adoption);
b
the date on which the child is expected to be placed for adoption or, where the child has already been placed for adoption, the date of placement of the child;
c
the date from which it is expected that the liability to pay statutory paternity pay (adoption) will begin;
d
whether the period chosen in respect of which statutory paternity pay (adoption) is to be payable is a week;
e
the date the adopter was notified he had been matched with the child for the purposes of adoption.
3
The information and declarations referred to in paragraph (1) shall be provided to the person liable to pay statutory paternity pay at least 28 days before the date mentioned in sub-paragraph (c) of paragraph (2) or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter.
4
Where the person who will be liable to pay statutory paternity pay (adoption) so requests, the person entitled to it shall inform him of the date of the child’s placement within 28 days, or as soon as is reasonably practicable thereafter.
Entitlement to statutory paternity pay (adoption) where there is more than one employer
16
Statutory paternity pay (adoption) shall be payable to a person in respect of a statutory pay week during any part of which he works only for an employer —
a
who is not liable to pay him statutory paternity pay (adoption); and
b
for whom he has worked in the week in which the adopter is notified of being matched with the child.
PART 4
Statutory paternity pay: provisions applicable to both statutory paternity pay (birth) and statutory paternity pay (adoption)
Work during a statutory paternity pay period
17
1
Where, in a case where statutory paternity pay is being paid to a person who works during the statutory paternity pay period for an employer who is not liable to pay him statutory paternity pay and who does not fall within paragraph (b) of regulation 10 or, as the case may be, paragraph (b) of regulation 16, there shall be no liability to pay statutory paternity pay in respect of any remaining part of the statutory paternity pay period.
2
In a case falling within paragraph (1), the person shall notify the person liable to pay statutory paternity pay within 7 days of the first day during which he works during the statutory pay period.
3
The notification mentioned in paragraph (2) shall be in writing, if the person who has been liable to pay statutory paternity pay so requests.
Cases where there is no liability to pay statutory paternity pay
18
There shall be no liability to pay statutory paternity pay in respect of any week —
a
during any part of which the person entitled to it is entitled to statutory sick pay under Part 11 of the Act;
b
following that in which the person claiming it has died; or
c
during any part of which the person entitled to it is detained in legal custody or sentenced to a term of imprisonment (except where the sentence is suspended), or which is a subsequent week within the same statutory paternity pay period.
Statutory paternity pay and contractual remuneration
19
For the purposes of section 171ZG(1) and (2) of the Act, the payments which are to be treated as contractual remuneration are sums payable under a contract of service —
a
by way of remuneration;
b
for incapacity for work due to sickness or injury;
c
by reason of the birth or adoption of a child.
Avoidance of liability for statutory paternity pay
20
1
A former employer shall be liable to make payments of statutory paternity pay to a former employee in any case where the employee had been employed for a continuous period of at least 8 weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory paternity pay.
2
In a case falling within paragraph (1) —
a
the employee shall be treated as if he had been employed for a continuous period ending with the child’s birth or, as the case may be, the placement of the child for adoption;
b
his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of 8 weeks ending with the last day in respect of which he was paid under his former contract of service.
PART 5
Statutory adoption pay
Adoption pay period
21
1
Subject to paragraph (2), a person entitled to statutory adoption pay may choose the adoption pay period to begin —
a
on the date on which the child is placed with him for adoption or, where he is at work on that day, on the following day;
b
subject to paragraph (2), on a predetermined date, specified by him, which is no more than 14 days before the date on which the child is expected to be placed with him and no later than that date.
2
In a case where statutory adoption pay is payable in respect of a child matched with an adopter who is notified of having been matched before 6th April 2003, the statutory adoption pay period shall begin on a predetermined date which is —
a
on or after 6th April 2003, and
b
no more than 14 days before the date on which the child is expected to be placed with the adopter.
3
Subject to paragraph (4), where the choice made is that mentioned in sub-paragraph (b) of paragraph (1) or in a case where paragraph (2) applies, the adoption pay period shall, unless the employer agrees to the adoption pay period beginning earlier, begin no earlier than 28 days after notice under section 171ZL(6) of the Act has been given.
4
Where the beginning of the adoption pay period determined in accordance with paragraph (3) is later than the date of placement, it shall be the date of placement.
5
Subject to regulation 22, the duration of any adoption pay period shall be a continuous period of 26 weeks.
6
A choice made under paragraph (1), or a date specified under paragraph (2), is not irrevocable, but where a person subsequently makes a different choice, section 171ZL(6) of the Act shall apply to it.
Adoption pay period in cases where adoption is disrupted
22
1
Where —
a
after a child has been placed for adoption —
i
the child dies;
ii
the child is returned to the adoption agency under section 30(3) of the Adoption Act 1976 or section 30(3) of the Adoption (Scotland) Act 1978, or
b
the adoption pay period has begun prior to the date the child has been placed for adoption, but the placement does not take place,
the adoption pay period shall terminate in accordance with the provisions of paragraph (2).
2
The adoption pay period shall, in a case falling within paragraph (1), terminate 8 weeks after the end of the week specified in paragraph (3).
3
The week referred to in paragraph (2) is —
a
in a case falling within paragraph (1)(a)(i), the week during which the child dies;
b
in a case falling within paragraph (1)(a)(ii), the week during which the child is returned;
c
in a case falling within paragraph (1)(b), the week during which the person with whom the child was to be placed for adoption is notified that the placement will not be made.
4
For the purposes of paragraph (3), “week” means a period of seven days beginning with Sunday.
Additional notice requirements for statutory adoption pay
23
1
Where a person gives notice under section 171ZL(6) of the Act he shall at the same time give notice of the date on which the child is expected to be placed for adoption.
2
Where the choice made in accordance with paragraph (1) of regulation 21 and notified in accordance with section 171ZL(6) of the Act is that mentioned in sub-paragraph (a) of that paragraph, the person shall give further notice to the person liable to pay him statutory adoption pay as soon as is reasonably practicable of the date the child is placed for adoption.
Evidence of entitlement to statutory adoption pay
24
1
A person shall provide evidence of his entitlement to statutory adoption pay by providing to the person who will be liable to pay it —
a
the information specified in paragraph (2), in the form of one or more documents provided to him by an adoption agency, containing that information;
b
a declaration that he has elected to receive statutory adoption pay, and not statutory paternity pay (adoption) under Part 12ZA of the Act.
2
The information referred to in paragraph (1) is —
a
the name and address of the adoption agency and of the person claiming payment of statutory adoption pay;
b
the date on which the child is expected to be placed for adoption or, where the child has already been placed for adoption, the date of placement; and
c
the date on which the person claiming payment of statutory adoption pay was informed by the adoption agency that the child would be placed for adoption with him.
3
The information and declaration referred to in paragraph (1) shall be provided to the person liable to pay statutory adoption pay at least 28 days before the date chosen as the beginning of the adoption pay period in accordance with paragraph (1) of regulation 21, or, if that is not reasonably practicable, as soon as is reasonably practicable thereafter.
Entitlement to statutory adoption pay where there is more than one employer
25
Statutory adoption pay shall be payable to a person in respect of a week during any part of which he works only for an employer —
a
who is not liable to pay him statutory adoption pay; and
b
for whom he has worked in the week in which he is notified of being matched with the child.
Work during an adoption pay period
26
1
Where, in a case where statutory adoption pay is being paid to a person who works during the adoption pay period for an employer who is not liable to pay him statutory adoption pay and who does not fall within paragraph (b) of regulation 25, there shall be no liability to pay statutory adoption pay in respect of any remaining part of the adoption pay period.
2
In a case falling within paragraph (1), the person shall notify the person liable to pay statutory adoption pay within 7 days of the first day during which he works during the adoption pay period.
3
The notification contained in paragraph (2) shall be in writing if the person who has been liable to pay statutory adoption pay so requests.
Cases where there is no liability to pay statutory adoption pay
27
1
There shall be no liability to pay statutory adoption pay in respect of any week —
a
during any part of which the person entitled to it is entitled to statutory sick pay under Part 11 of the Act;
b
following that in which the person claiming it has died; or
c
subject to paragraph (2), during any part of which the person entitled to it is detained in legal custody or sentenced to a term of imprisonment (except where the sentence is suspended).
2
There shall be liability to pay statutory adoption pay in respect of any week during any part of which the person entitled to it is detained in legal custody where that person —
a
is released subsequently without charge;
b
is subsequently found not guilty of any offence and is released; or
c
is convicted of an offence but does not receive a custodial sentence.
Statutory adoption pay and contractual remuneration
28
For the purposes of section 171ZP(4) and (5) of the Act, the payments which are to be treated as contractual remuneration are sums payable under a contract of service —
a
by way of remuneration;
b
for incapacity for work due to sickness or injury;
c
by reason of the adoption of a child.
Termination of employment before start of adoption pay period
29
1
Where the employment of a person who satisfies the conditions of entitlement to statutory adoption pay terminates for whatever reason (including dismissal) before the adoption pay period chosen in accordance with regulation 21 has begun, the period shall begin 14 days before the expected date of placement or, where the termination occurs on, or within 14 days before, the expected date of placement, on the day immediately following the last day of his employment.
2
In a case falling within paragraph (1), the notice requirements set out in section 171ZL(6) of the Act and these Regulations shall not apply.
Avoidance of liability for statutory adoption pay
30
1
A former employer shall be liable to make payments of statutory adoption pay to a former employee in any case where the employee had been employed for a continuous period of at least 8 weeks and his contract of service was brought to an end by the former employer solely, or mainly, for the purpose of avoiding liability for statutory adoption pay.
2
In a case falling within paragraph (1) —
a
the employee shall be treated as if he had been employed for a continuous period ending with the week in which he was notified of having been matched with the child for adoption; and
b
his normal weekly earnings shall be calculated by reference to his normal weekly earnings for the period of 8 weeks ending with the last day in respect of which he was paid under his former contract of service.
PART 6
Statutory paternity pay and statutory adoption pay: provisions applicable to both statutory paternity pay and statutory adoption pay
Introductory
31
1
Subject to paragraph (2), the provisions of regulations 32 to 47 below apply to statutory paternity pay payable under Part 12ZA of the Act and to statutory adoption pay payable under 12ZB of the Act.
2
The provisions of regulation 44 only apply to statutory adoption pay.
Treatment of persons as employees
32
1
In a case where, and in so far as, a person over the age of 16 is treated as an employed earner by virtue of the Social Security (Categorisation of Earners) Regulations 1978 he shall be treated as an employee for the purposes of Parts 12ZA and 12ZB of the Act, and in a case where, and in so far as, such a person is treated otherwise than as an employed earner by virtue of those regulations, he shall not be treated as an employee for the purposes of Parts 12ZA and 12ZB of the Act.
2
A person who is in employed earner’s employment within the meaning of the Act under a contract of apprenticeship shall be treated as an employee for the purposes of Parts 12ZA and 12ZB of the Act.
3
A person who is in employed earner’s employment within the meaning of the Act but whose employer —
a
does not fulfil the conditions prescribed in regulation 145(1) of the Contributions Regulations in so far as that provision relates to residence or presence in Great Britain; or
b
is a person who, by reason of any international treaty to which the United Kingdom is a party or of any international convention binding the United Kingdom —
i
is exempt from the provisions of the Act; or
ii
is a person against whom the provisions of the Act are not enforceable,
shall not be treated as an employee for the purposes of Parts 12ZA and 12ZB of the Act.
Continuous employment
33
1
Subject to the following provisions of this regulation, where in any week a person is, for the whole or part of the week —
a
incapable of work in consequence of sickness or injury;
b
absent from work on account of a temporary cessation of work;
c
absent from work in circumstances such that, by arrangement or custom, he is regarded as continuing in the employment of his employer for all or any purposes,
and returns to work for his employer after the incapacity for or absence from work, that week shall be treated for the purposes of sections 171ZA, 171ZB and 171ZL of the Act as part of a continuous period of employment with that employer, notwithstanding that no contract of service exists with that employer in respect of that week.
2
Incapacity for work which lasts for more than 26 consecutive weeks shall not count for the purposes of paragraph (1)(a).
3
Where a person —
a
is an employee in an employed earner’s employment in which the custom is for the employer —
i
to offer work for a fixed period of not more than 26 consecutive weeks;
ii
to offer work for such period on two or more occasions in a year for periods which do not overlap; and
iii
to offer the work available to those persons who had worked for him during the last or a recent such period, but
b
is absent from work because of incapacity arising from some specific disease or bodily or mental disablement,
then in that case paragraph (1) shall apply as if the words “and returns to work for his employer after the incapacity for or absence from work,” were omitted and paragraph (4) shall not apply.
4
Where a person is employed under a contract of service for part only of the relevant week within the meaning of subsection (3) of section 171ZL of the Act (entitlement to statutory adoption pay), the whole of that week shall count in computing a period of continuous employment for the purposes of that section.
Continuous employment and unfair dismissal
34
1
This regulation applies to a person in relation to whose dismissal an action is commenced which consists —
a
of the presentation by him of a complaint under section 111(1) of the Employment Rights Act 1996 ;
b
of his making a claim in accordance with a dismissals procedure agreement designated by an order under section 110 of that Act; or
c
of any action taken by a conciliation officer under section 18 of the Employment Tribunals Act 1996 .
2
If, in consequence of an action of the kind specified in paragraph (1), a person is reinstated or re-engaged by his employer or by a successor or associated employer of that employer, the continuity of his employment shall be preserved for the purposes of Part 12ZA or, as the case may be, Part 12ZB of the Act, and any week which falls within the interval beginning with the effective date of termination and ending with the date of reinstatement or re-engagement, as the case may be, shall count in the computation of his period of continuous employment.
3
In this regulation —
“successor” and “dismissal procedures agreement” have the same meanings as in section 235 of the Employment Rights Act 1996; and
“associated employer” shall be construed in accordance with section 231 of the Employment Rights Act 1996.
Continuous employment and stoppages of work
35
1
Where, for any week or part of a week a person does not work because there is a stoppage of work due to a trade dispute within the meaning of section 35(1) of the Jobseekers Act 1995 at his place of employment, the continuity of his employment shall, subject to paragraph (2), be treated as continuing throughout the stoppage but, subject to paragraph (3), no such week shall count in the computation of his period of employment.
2
Subject to paragraph (3), where during the stoppage of work a person is dismissed from his employment, the continuity of his employment shall not be treated in accordance with paragraph (1) as continuing beyond the commencement of the day he stopped work.
3
The provisions of paragraph (1), to the extent that they provide that a week in which the stoppage of work occurred shall not count in the computation of a period of employment, and paragraph (2) shall not apply to a person who proves that at no time did he have a direct interest in the trade dispute in question.
Change of employer
36
A person’s employment shall, notwithstanding a change of employer, be treated as continuous employment with the second employer where —
a
the employer’s trade or business or an undertaking (whether or not it is an undertaking established by or under an Act of Parliament) is transferred from one person to another;
b
by or under an Act of Parliament, whether public or local and whenever passed, a contract of employment between any body corporate and the person is modified and some other body corporate is substituted as his employer;
c
on the death of his employer, the person is taken into employment of the personal representatives or trustees of the deceased;
d
the person is employed by partners, personal representatives or trustees and there is a change in the partners, or, as the case may be, personal representatives or trustees;
e
the person is taken into the employment of an employer who is, at the time he entered his employment, an associated employer of his previous employer, and for this purpose “associated employer” shall be construed in accordance with section 231 of the Employment Rights Act 1996;
f
on the termination of his employment with an employer he is taken into the employment of another employer and those employers are governors of a school maintained by a local education authority and that authority.
Reinstatement after service with the armed forces etc.
37
If a person who is entitled to apply to his employer under the Reserve Forces (Safeguard of Employment) Act 1985 enters the employment of that employer within the 6-month period mentioned in section 1(4)(b) of that Act, his previous period of employment with that employer (or if there was more than one such period, the last of those periods) and the period of employment beginning in that 6-month period shall be treated as continuous.
Treatment of two or more employers or two or more contracts of service as one
38
1
In a case where the earnings paid to a person in respect of two or more employments are aggregated and treated as a single payment of earnings under regulation 15(1) of the Contributions Regulations, the employers of that person in respect of those employments shall be treated as one for the purposes of Part 12ZA or, as the case may be, Part 12ZB of the Act.
2
Where two or more employers are treated as one under the provisions of paragraph (1), liability for statutory paternity pay or, as the case may be, statutory adoption pay, shall be apportioned between them in such proportions as they may agree or, in default of agreement, in the proportions which the person’s earnings from each employment bear to the amount of the aggregated earnings.
3
Where two or more contracts of service exist concurrently between one employer and one employee, they shall be treated as one for the purposes of Part 12ZA or, as the case may be, Part 12ZB of the Act, except where, by virtue of regulation 14 of the Contributions Regulations, the earnings from those contracts of service are not aggregated for the purposes of earnings-related contributions.
Meaning of “earnings”
39
1
For the purposes of section 171ZJ(6) (normal weekly earnings for the purposes of Part 12ZA of the Act) and of section 171ZS(6) of the Act (normal weekly earnings for the purposes of Part 12ZB of the Act), the expression “earnings” shall be construed in accordance with the following provisions of this regulation.
2
The expression “earnings” refers to gross earnings and includes any remuneration or profit derived from a person’s employment except any payment or amount which is —
a
excluded from the computation of a person’s earnings under regulation 25 of and Schedule 3 to, and regulation 123 of, the Contributions Regulations (payments to be disregarded) and regulation 27 of those Regulations (payments to directors to be disregarded);
b
a chargeable emolument under section 10A of the Act, except where, in consequence of such a chargeable emolument being excluded from earnings, a person would not be entitled to statutory paternity pay or, as the case may be, statutory adoption pay.
3
For the avoidance of doubt, “earnings” includes —
a
any sum payable in respect of arrears of pay in pursuance of an order for reinstatement or re-engagement under the Employment Rights Act 1996;
b
any sum payable by way of pay in pursuance of an order made under the Employment Rights Act 1996 for the continuation of a contract of employment;
c
any sum payable by way of remuneration in pursuance of a protective award under section 189 of the Trade Union and Labour Relations (Consolidation) Act 1992 ;
d
any sum payable by way of statutory sick pay, including sums payable in accordance with regulations made under section 151(6) of the Act;
e
any sum payable by way of statutory maternity pay;
f
any sum payable by way of statutory paternity pay;
g
any sum payable by way of statutory adoption pay.
Normal weekly earnings
40
1
For the purposes of Part 12ZA and Part 12ZB of the Act, a person’s normal weekly earnings shall be calculated in accordance with the following provisions of this regulation.
2
In this regulation —
“the appropriate date” means —
in relation to statutory paternity pay (birth), the first day of the 14th week before the expected week of the child’s birth or the first day in the week in which the child is born, whichever is the earlier;
in relation to statutory paternity pay (adoption) and statutory adoption pay, the first day of the week after the week in which the adopter is notified of being matched with the child for the purposes of adoption;
“normal pay day” means a day on which the terms of a person’s contract of service require him to be paid, or the practice in his employment is for him to be paid, if any payment is due to him; and
“day of payment” means a day on which the person was paid.
3
Subject to paragraph (4), the relevant period for the purposes of section 171ZJ(6) and 171ZS(6) is the period between —
a
the last normal pay day to fall before the appropriate date; and
b
the last normal pay day to fall at least 8 weeks earlier than the normal pay day mentioned in sub-paragraph (a),
including the normal pay day mentioned in sub-paragraph (a) but excluding that first mentioned in sub-paragraph (b).
4
In a case where a person has no identifiable normal pay day, paragraph (3) shall have effect as if the words “day of payment” were substituted for the words “normal pay day” in each place where they occur.
5
In a case where a person has normal pay days at intervals of or approximating to one or more calendar months (including intervals of or approximating to a year) his normal weekly earnings shall be calculated by dividing his earnings in the relevant period by the number of calendar months in that period (or, if it is not a whole number, the nearest whole number), multiplying the result by 12 and dividing by 52.
6
In a case to which paragraph (5) does not apply and the relevant period is not an exact number of weeks, the person’s normal weekly earnings shall be calculated by dividing his earnings in the relevant period by the number of days in the relevant period and multiplying the result by 7.
7
In any case where a person receives a back-dated pay increase which includes a sum in respect of a relevant period, normal weekly earnings shall be calculated as if such a sum was paid in that relevant period even though received after that period.
Payment of statutory paternity pay and statutory adoption pay
41
Payments of statutory paternity pay and statutory adoption pay may be made in a like manner to payments of remuneration but shall not include payment in kind or by way of the provision of board or lodgings or of services or other facilities.
Time when statutory paternity pay and statutory adoption pay are to be paid
42
1
In this regulation, “pay day” means a day on which it has been agreed, or it is the normal practice between an employer or former employer and a person who is or was an employee of his, that payments by way of remuneration are to be made, or, where there is no such agreement or normal practice, the last day of a calendar month.
2
In any case where —
a
a decision has been made by an officer of the Board under section 8(1) of the Social Security Contributions (Transfer of Functions, etc.) Act 1999 as a result of which a person is entitled to an amount of statutory paternity pay or statutory adoption pay; and
b
the time for bringing an appeal against the decision has expired and either —
i
no such appeal has been brought; or
ii
such an appeal has been brought and has been finally disposed of,
that amount of statutory paternity pay or statutory adoption pay shall be paid within the time specified in paragraph (3).
3
Subject to paragraphs (4) and (5), the employer or former employer shall pay the amount not later than the first pay day after —
a
where an appeal has been brought, the day on which the employer or former employer receives notification that it has been finally disposed of;
b
where leave to appeal has been refused and there remains no further opportunity to apply for leave, the day on which the employer or former employer receives notification of the refusal; and
c
in any other case, the day on which the time for bringing an appeal expires.
4
Subject to paragraph (5), where it is impracticable, in view of the employer’s or former employer’s methods of accounting for and paying remuneration, for the requirement of payment referred to in paragraph (3) to be met by the pay day referred to in that paragraph, it shall be met not later than the next following pay day.
5
Where the employer or former employer would not have remunerated the employee for his work in the week in question as early as the pay day specified in paragraph (3) or (if it applies) paragraph (4), the requirement of payment shall be met on the first day on which the employee would have been remunerated for his work in that week.
Liability of the Board to pay statutory paternity pay or statutory adoption pay
43
1
Where —
a
an officer of the Board has decided that an employer is liable to make payments of statutory paternity pay or, as the case may be, statutory adoption pay to a person;
b
the time for appealing against the decision has expired; and
c
no appeal against the decision has been lodged or leave to appeal against the decision is required and has been refused,
then for any week in respect of which the employer was liable to make payments of statutory paternity pay or, as the case may be, statutory adoption pay but did not do so, and for any subsequent weeks in the paternity pay period or, as the case may be, adoption pay period, the liability to make those payments shall, notwithstanding sections 171ZD and 171ZM of the Act, be that of the Board and not the employer.
2
Liability to make payments of statutory paternity pay or, as the case may be, statutory adoption pay shall, notwithstanding sections 171ZD and 171ZM of the Act, be a liability of the Board and not the employer as from the week in which the employer first becomes insolvent until the end of the paternity pay or adoption pay period.
3
For the purposes of paragraph (2) an employer shall be taken to be insolvent if, and only if —
a
in England and Wales —
i
he has been adjudged bankrupt or has made a composition or arrangement with his creditors;
ii
he has died and his estate falls to be administered in accordance with an order made under section 421 of the Insolvency Act 1986 ; or
iii
where an employer is a company or a limited liability partnership, a winding-up order or an administration order is made or a resolution for a voluntary winding-up is passed (or, in the case of a limited liability partnership, a determination for a voluntary winding-up has been made) with respect to it, or a receiver or a manager of its undertaking is duly appointed, or possession is taken, by or on behalf of the holders of any debentures secured by a floating charge, of any property of the company or limited liability partnership comprised in or subject to the charge, or a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986 is approved under that Part of that Act;
b
in Scotland —
i
an award of sequestration is made on his estate or he executes a trust deed for his creditors or enters into a composition contract;
ii
he has died and a judicial factor appointed under section 11A of the Judicial Factors (Scotland) Act 1889 is required by that section to divide his insolvent estate among his creditors; or
iii
where the employer is a company or a limited liability partnership, a winding-up order or an administration order is made or a resolution for voluntary winding-up is passed (or, in the case of a limited liability partnership, a determination for a voluntary winding-up is made) with respect to it, or a receiver of its undertaking is duly appointed, or a voluntary arrangement proposed for the purposes of Part 1 of the Insolvency Act 1986 is approved under that Part.
Liability of the Board to pay statutory adoption pay in cases of legal custody or imprisonment
44
Where —
a
there is liability to pay statutory adoption pay in respect of a period which is subsequent to the last week falling within paragraph (1)(c) of regulation 27, or
b
there is liability to pay statutory adoption pay during a period of detention in legal custody by virtue of the provisions of paragraph (2) of that regulation,
that liability shall, notwithstanding section 171ZM of the Act, be that of the Board and not the employer.
Payments by the Board
45
Where the Board become liable in accordance with regulation 43 or 44 to make payments of statutory paternity pay or, as the case may be, statutory adoption pay to a person, the first payment shall be made as soon as reasonably practicable after they become so liable, and payments thereafter shall be made at weekly intervals, by means of an instrument of payment or by such other means as appears to the Board to be appropriate in the circumstance of any particular case.
Persons unable to act
46
1
Where in the case of any person —
a
statutory paternity pay or, as the case may be, statutory adoption pay is payable to him or he is alleged to be entitled to it;
b
he is unable for the time being to act; and
c
either —
i
no receiver has been appointed by the Court of Protection with power to receive statutory paternity pay or, as the case may be, statutory adoption pay on his behalf, or
ii
in Scotland, his estate is not being administered by any tutor, curator or other guardian acting or appointed in terms of law,
the Board may, upon written application to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise, on behalf of the person unable to act, any right to which he may be entitled under Part 12ZA or, as the case may be, Part 12ZB of the Act and to deal on his behalf with any sums payable to him.
2
Where the Board have made an appointment under paragraph (1) —
a
they may at any time in their absolute discretion revoke it;
b
the person appointed may resign his office after having given one month’s notice in writing to the Board of his intention to do so; and
c
the appointment shall terminate when the Board are notified that a receiver or other person to whom paragraph (1)(c) applies has been appointed.
3
Anything required by Part 12ZA or 12ZB of the Act to be done by or to any person who is unable to act may be done by or to the person appointed under this regulation to act on his behalf, and the receipt of the person so appointed shall be a good discharge to the person’s employer or former employer for any sum paid.
Service of notices by post
47
A notice given in accordance with the provisions of these Regulations in writing contained in an envelope which is properly addressed and sent by prepaid post shall be treated as having been given on the day on which it is posted.
Signed by authority of the Secretary of State for Trade and Industry
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
11th November 2002
The Commissioners of Inland Revenue hereby concur
Nick Montagu,
Ann Chant,
Two of the Commissioners of Inland Revenue
13th November 2002


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the City of Leicester (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“city” means the city of Leicester;
“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 City of Leicester (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 Leicester City Council.
Wards of the city of Leicester
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-two wards which shall bear the names set out in column (1) of the Schedule.
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 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.
Maps
4
Leicester City Council shall make a print of the map marked “Map referred to in the City of Leicester (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for the city 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
6
The City of Leicester (Electoral Arrangements) Order 1979 is revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002


text:
PART I
Preliminary
Citation and commencement
1
This Order may be cited as the Air Navigation (Environmental Standards) Order 2002 and shall come into force on the tenth day after the date on which it is made.
Revocation
2
The Orders specified in Schedule 1 are hereby revoked.
Interpretation
3
1
In this Order —
“adversely” means, for the purpose of the definition of “derived version” an increase by more than 0.3 dB to any one of the noise certification levels;
“aircraft type certificate” means a certificate indicating that the type of aircraft to which the certificate refers is acceptable for airworthiness certification;
“authorised person” means any constable and any person authorised by the CAA (whether by name or by class or description) either generally or in relation to a particular case or class of cases;
“derived version” means an aircraft which, from the point of view of airworthiness, is similar to the aircraft in respect of which a noise type certificate has been granted but incorporates changes in type design which may affect its noise characteristics adversely;
“jet aeroplane” means an aeroplane powered by turbo jet engines or turbo fan engines;
“Mierolight aeroplane” means an aeroplane designed to carry not more than two persons which has:
a maximum total weight authorised not exceeding:
300 kg for a single seat landplane (or 390 kg for a single seat landplane in respect of which a United Kingdom permit to fly or certificate of airworthiness was in force prior to 1st January 2003),
450 kg for a two seat landplane,
330 kg for a single seat amphibian or floatplane, or
495 kg for a two seat amphibian or floatplane; and
either a wing loading at the maximum total weight authorised not exceeding 25 kg per square metre or a stalling speed at the maximum total weight authorised not exceeding 35 knots calibrated airspeed;
“noise certificate” means a certificate issued by the CAA in accordance with article 5 or a certificate or other document issued or validated in accordance with article 4;
“noise type certificate” means a certificate indicating that the type of aircraft to which the certificate refers is acceptable for noise certification;
“prescribed” means prescribed by regulations made by the Secretary of State under this Order;
“rated output” has the meaning specified in Part I, Chapter 1 of Volume II of Annex 16;
“smoke” means the carbonaceous materials in exhaust emissions which obscure the transmission of light;
“subsonic aeroplane” means an aeroplane which is incapable of sustaining level flight at a speed in excess of flight mach 1.0;
“supersonic aeroplane” means an aeroplane which is capable of sustaining level flight at a speed in excess of flight mach 1.0;
Volume I of Annex 16 means the third edition — July 1993 of Volume I of Annex 16 to the Chicago Convention as amended by Amendment 6 dated 4th November 1999 ;
Volume II of Annex 16 means the second edition — July 1993 of Volume II of Annex 16 to the Chicago Convention as amended by Amendment 3 dated 20th March 1997, Amendment 4 dated 4th November 1999, Supplement dated 31st December 1994 and Amendment to Supplement dated 25th March 1999.
2
Other expressions used in this Order and in the Air Navigation Order 2000 shall have the same meaning in this Order as they have in that Order.
PART II
Noise Certification
Requirement for noise certificate
4
1
This article shall apply to every aircraft of a description specified in column 1 of the Table in Schedule 2.
2
An aircraft to which this article applies shall not land or take off in the United Kingdom unless:
a
there is in force in respect of that aircraft a noise certificate:
i
issued by the CAA in accordance with article 5; or
ii
in the case of a microlight aeroplane:
aa
issued or validated by the competent authority of the country in which the aircraft is registered, being an EEA State which applies standards which are substantially equivalent to those required for the issue of a noise certificate by the CAA; or
bb
issued or validated by the competent authority of the country in which the aircraft is registered, being a country prescribed as one which applies standards which in the opinion of the Secretary of State are substantially equivalent to those required for the issue of a noise certificate by the CAA; or
iii
(except in the case of a microlight aeroplane) issued or validated by the competent authority of the Contracting State in which the aircraft is registered in accordance with the Chicago Convention; and
b
any conditions subject to which the certificate was issued or validated are complied with.
3
The foregoing prohibition shall not apply to:
a
an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Part A of Schedule 3 to the Air Navigation Order 2000; or
b
an aircraft landing or taking-off at a prescribed place.
Issue of noise certificate by the Civil Aviation Authority and validity of noise certificate
5
1
a
The CAA shall issue a noise certificate in respect of any aircraft registered in the United Kingdom described in Column 1 of the Table in Schedule 2 if it is satisfied that the aircraft complies with the applicable standards specified or referred to in Column 2 of that Table in relation to the noise made by the aircraft.
b
For the purposes of sub-paragraph (a) the applicant for a certificate shall furnish such evidence and submit the aircraft to such flying trials and other tests as the CAA may require.
2
Except in respect of a microlight aeroplane, the CAA shall issue every noise certificate subject to a condition as to the maximum total weights at which the aircraft may land or take-off and may issue such a certificate subject to such other conditions relating to standards as to noise as it thinks fit.
3
Subject to paragraph (4) and article 16, a noise certificate issued under this article shall remain in force without limit of time.
4
A noise certificate issued under this article shall cease to be valid for the purposes of article 4:
a
if the aircraft or any part of it is modified in any way which affects the ability of the aircraft to comply with the noise standards required by this Order, except if such modification is in a manner and with material of a type approved by the CAA for the purposes of this Part of this Order either generally or in relation to a class of aircraft or to a particular aircraft;
b
until the satisfactory completion of any inspection or test of the aircraft required by the CAA to be made for the purpose of ascertaining whether the aircraft continues to comply with the noise standards required by this Order.
5
For the purposes of determining the noise standard applicable to an aircraft where the interval between:
a
the application for a type certificate and the first issue of a certificate of airworthiness for an aircraft of that type, or
b
the application for a change of type design and the first issue of a certificate of airworthiness for an aircraft of that type as modified,
exceeds 5 years, the date on which the application for a type certificate or a change of type design was made shall, unless the CAA in a particular case otherwise directs, be deemed to be 5 years before the date of the first issue of the certificate of airworthiness.
Information to be included in flight manual
6
a
This article shall apply to any aircraft (other than a microlight aeroplane) first registered in the United Kingdom on or after 1st August 1986 in respect of which by virtue of this Order a noise certificate is required to be carried.
b
An aircraft to which this article applies shall not fly unless the flight manual in respect of that aircraft includes the information specified in Part II, Chapter 1 of Volume I of Annex 16.
Exemptions in respect of Part II of this Order
7
The CAA, after consultation with the Secretary of State, may exempt from any of the provisions of this Part of this Order any aircraft or persons or classes of aircraft or persons, either absolutely or subject to such conditions as it thinks fit.
PART III
Emissions Certification
Fuel venting requirements
8
1
This article shall apply to —
a
every jet aircraft in respect of which a certificate of airworthiness was first issued on or after 18th February 1982; and
b
every aircraft to which paragraph (1)(a) does not apply but which is powered by one or more than one turbojet engine or turbofan engine where the date of manufacture of any such engine was on or after 18th February 1982.
2
Subject to article 12, an aircraft to which this article applies shall not land or take-off in the United Kingdom unless it individually or is of a type which has been certified in accordance with article 11 as complying with the requirements relating to fuel venting specified in paragraph (3) and it is fitted with the engines specified in the emissions certification issued under article 11.
3
The requirements referred to in paragraph (2) are that the aircraft is individually or is of a type which, when fitted with the type of engine specified in the emissions certification designed and constructed to prevent the intentional discharge into the atmosphere of liquid fuel from the fuel nozzle manifolds resulting from the process of engine shutdown following normal flight or ground operations.
Smoke emission requirements
9
1
This article shall apply to —
a
every subsonic aeroplane powered by one or more than one turbojet engine or turbofan engine where the date of manufacture of any such engine was on or after 1st January 1983; and
b
every supersonic aeroplane powered by one or more than one turbojet engine or turbofan engine where the date of manufacture of any such engine was on or after 18th February 1982.
2
Subject to article 12, an aeroplane to which this article applies shall not land or take-off in the United Kingdom unless every engine of the description contained in paragraph (1) which is fitted to the aeroplane is of a type which has been certified in accordance with article 11 as complying with requirements relating to smoke emission specified in paragraph (3).
3
The requirements referred to in paragraph (2) are —
a
for turbojet engines or turbofan engines fitted to subsonic aeroplanes those specified in Part III, Chapter 2 of Volume II of Annex 16; and
b
for turbojet engines or turbofan engines fitted to supersonic aeroplanes those specified in Part III, Chapter 3 of Volume II of Annex 16.
Unburned hydrocarbons, carbon monoxide and oxides of nitrogen emission requirements
10
1
Subject to paragraph (4) this article shall apply to —
a
every turbojet engine and every turbofan engine intended for the propulsion of aeroplanes only at subsonic speeds the rated output of which is greater than 26.7 kilonewtons and the date of manufacture of which was on or after 1st January 1986;
b
every turbojet engine and every turbofan engine intended for the propulsion of aeroplanes at supersonic speeds, the date of manufacture of which was on or after 18th February 1982; and
c
every aeroplane which is powered by one or more than one turbojet engine or turbofan engine described in sub-paragraphs (a) or (b).
2
Subject to paragraph (4) and article 12, an aeroplane to which this article applies shall not land or take-off in the United Kingdom unless every engine of the description contained in paragraph (1)(a) or paragraph (1)(b) which is fitted to the aeroplane is of a type which has been certified in accordance with article 11 as complying with the requirements specified in paragraph (3) relating to the emission of unburned hydrocarbons, carbon monoxide and oxides of nitrogen.
3
The requirements referred to in paragraph (2) are —
a
for turbojet engines or turbofan engines intended for propulsion of aeroplanes only at subsonic speeds, the requirements specified in Part III, Chapter 2 of Volume II of Annex 16;
b
for turbojet engines or turbofan engines intended for propulsion of aeroplanes at supersonic speeds, the requirements specified in Part III, Chapter 3 of Volume II of Annex 16.
4
a
The CAA may grant an exemption from the requirements referred to in paragraph (2) in respect of any engine manufactured after 31st December 1999 and in respect of which the CAA is satisfied that not more than 50 engines of that type will be manufactured after that date;
b
An exemption granted in accordance with sub-paragraph (a) shall cease to be valid immediately upon a manufacturer producing more than 50 engines of the type in question after 31st December 1999.
Emissions certification
11
1
Certification required by this Part of this Order shall be issued —
a
in the case of an aircraft registered in the United Kingdom by the CAA in accordance with paragraph (2); or
b
in the case of any other aircraft by the competent authority of a Contracting State in which the aircraft is registered in accordance with the Chicago Convention.
2
The CAA shall certify a type of aircraft, turbojet engine, or turbofan engine if it is of the opinion that the type in question complies with the requirements specified in article 8(3), 9(3) or 10(3) as the case may be.
3
The applicant for certification to be issued by the CAA pursuant to paragraph (1)(a) shall furnish such evidence and subject aircraft or engines of a type in respect of which the application has been made to such tests as the CAA may require.
Exceptions to requirement to be certified
12
The requirement to be certified in accordance with this Part of this Order shall not apply to —
a
an aircraft flying in accordance with the “A Conditions” or the “B Conditions” set forth in Part A of Schedule 3 to the Air Navigation Order 2000; or
b
an aircraft landing or taking off at a prescribed place.
Exemptions in respect of Part III of this Order
13
The CAA, after consultation with the Secretary of State, may exempt from any of the provisions of this Part of this Order any aircraft or engine or persons or classes of aircraft or engine or persons, either absolutely or subject to such conditions as it thinks fit.
PART IV
Carriage, Production and Revocation of Noise Certificate
Noise certificate to be carried
14
1
An aircraft shall not land or take-off in the United Kingdom unless it carries every noise certificate which it is required to carry under the law of the country in which it is registered other than any certificate which is required to be carried under regulation 18(1) or (2) of the Aeroplane Noise Regulations 1999 .
2
a
Subject to sub-paragraph (b), an aircraft registered in the United Kingdom shall, when in flight, carry every noise certificate which is required by this Order to be in force in respect of that aircraft.
b
If the flight is intended to begin and end at the same aerodrome in the United Kingdom, the certificate may be kept at that aerodrome instead of being carried in the aircraft.
Production of noise certificate
15
1
Within a reasonable time after being requested to do so by the CAA or an authorised person, the commander of an aircraft shall cause to be produced to the CAA or that person every noise certificate in force in respect of that aircraft other than any certificate which may be required to be produced under regulation 18(3) of the Aeroplane Noise Regulations 1999.
2
Within a reasonable time after being requested to do so by the CAA or an authorised person, the operator of an aircraft shall cause to be produced to the CAA or that person every noise certificate in force in respect of that aircraft other than any certificate which may be required to be produced under regulation 18(3) of the Aeroplane Noise Regulations 1999.
Revocation, suspension and variation of noise certificate
16
1
The CAA may, if it thinks fit, provisionally suspend any noise certificate, exemption or other document issued under this Order pending inquiry into or consideration of the case.
2
The CAA may, after sufficient ground being shown to its satisfaction after due inquiry, revoke, suspend or vary any such certificate, exemption or other document.
3
The holder or any person having the possession or custody of any noise certificate, exemption or other document which has been revoked, suspended or varied under this Order shall surrender it to the CAA within a reasonable time after being required to do so by it.
4
The breach of any condition subject to which any noise certificate, exemption or other document has been issued under this Order shall render the document invalid during the continuance of the breach.
PART V
Offences, Penalties and General
Offences in relation to noise certificates and emissions certification
17
1
A person shall not with intent to deceive —
a
use any noise certificate issued under this Order which has been revoked or suspended, or to which he is not entitled; or
b
lend any such certificate to, or cause or permit it to be used by, any other person; or
c
make any false representation for the purpose of procuring for himself or any other person the issue, renewal or variation of any such certificate or of emissions certification issued in accordance with article 11 of this Order.
2
A person shall not purport to issue any noise certificate or emissions certification under this Order unless he has been authorised to do so by the CAA.
Power to prevent aircraft flying
18
1
If it appears to the CAA or an authorised person that any aircraft is intended or likely to be flown in such circumstances that articles 4(2), 8(2), 9(2) or 10(2) would be contravened, the CAA or that authorised person may direct the operator or the commander of the aircraft that he is not to permit the aircraft to make the flight or any other flight of such description as may be specified in the direction, until the direction has been revoked by the CAA or by an authorised person, and, if the aircraft is in the United Kingdom, the CAA or that authorised person may take such steps as are necessary to detain the aircraft.
2
The operator or, as the case may be, the commander of an aircraft shall comply with any direction given to him pursuant to paragraph (1), unless he has reasonable excuse.
3
For the purposes of paragraph (1), the CAA or any authorised person may enter upon and inspect any aircraft.
Right of access to aerodromes and other places
19
1
Subject to paragraph (2), for the purpose of ascertaining whether the provisions of this Order are being complied with, the CAA and any authorised person shall have the right of access at all reasonable times to any aerodrome or any other place in the United Kingdom where an aeroplane has landed for the purpose of inspecting any aircraft or any document which it, or he, has power to demand under this Order, and for the purpose of detaining any aircraft under this Order.
2
In relation to any Government aerodrome the CAA or the authorised person (as the case may be) shall obtain the permission of the person in charge of that aerodrome before exercising the right of access referred to in paragraph (1).
Obstruction of persons
20
A person shall not intentionally obstruct or impede any person acting in the exercise of his powers or the performance of his duties under this Order.
Penalties
21
1
If any provision of this Order is contravened in relation to an aircraft the operator of that aircraft and the commander thereof shall (without prejudice to the liability of any other person under this Order for that contravention) be deemed for the purposes of the following provisions of this article to have contravened that provision unless he proves that the contravention occurred without his consent or connivance and that he exercised all due diligence to prevent the contravention.
2
If it is proved that an act or omission of any person which would otherwise have been a contravention by that person of a provision of this Order was due to any cause not avoidable by the exercise of reasonable care by that person, the act or omission shall be deemed not to be a contravention by that person of that provision.
3
If any person contravenes any provisions of this Order, not being a provision referred to in paragraph (4), he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
4
If any person contravenes articles 4(2), 8(2), 9(2), 10(2), 17, 18(2) or 20 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum.
Liability of persons other than principal offender
22
1
Where an offence under this Order has been committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
3
Where a Scottish partnership is guilty of an offence under this Order or any regulations made thereunder and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Application of the Order to the Crown and visiting forces
23
1
Subject to the following provisions of this article, the provisions of this Order shall apply to, or in relation to, aircraft belonging to or exclusively employed in the service of Her Majesty, as they apply to or in relation to other aircraft and for the purposes of such application the Department or other authority for the time being responsible on behalf of Her Majesty for the management of the aircraft shall be deemed to be the operator of the aircraft.
2
Nothing in this article shall render liable to any penalty any Department or other authority responsible on behalf of Her Majesty for the management of any aircraft.
3
The naval, military and air force authorities and members of any visiting force and any international headquarters and the members thereof and property held or used for the purpose of such a force or headquarters shall be exempt from the provisions of this Order to the same extent as if that force or headquarters formed part of the forces of Her Majesty raised in the United Kingdom and for the time being serving there.
4
Nothing in this Order shall apply to or in relation to any military aircraft.
Extra-territorial effect of the Order
24
1
Except where the context otherwise requires, the provisions of this Order —
a
insofar as they apply (whether by express reference of otherwise) to aircraft registered in the United Kingdom, shall apply to such aircraft wherever they may be;
b
insofar as they apply as aforesaid to other aircraft shall apply to such aircraft when they are within the United Kingdom;
c
insofar as they prohibit, require or regulate (whether by express reference or otherwise) the doing of anything by the commander of any aircraft registered in the United Kingdom, shall apply to him wherever he may be; and
d
insofar as they prohibit, require or regulate as aforesaid the doing of anything in relation to any aircraft registered in the United Kingdom by other persons shall, where such persons are Commonwealth citizens, British protected persons or citizens of the Republic of Ireland, apply to them wherever they may be.
2
Nothing in this article shall be construed as extending to make any person guilty of an offence in any case in which it is provided by section 3(1) of the British Nationality Act 1948 (which limits the criminal liability of citizens of certain countries) that that person shall not be guilty of an offence.
Acceptance of reports
25
The CAA may, for the purposes of this Order, accept reports furnished to it by a person whom it may approve, either absolutely or subject to such conditions as it thinks fit, as qualified to furnish such reports.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Taunton and Somerset 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 Taunton and Somerset National Health Service Trust ;
“the new Trust” means the East Somerset National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 23rd November 2001 and on behalf of the new Trust on 26th November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 and shall come into force on 26th August 2002.
2
Regulations 1 to 7 apply to Wales only.
3
Regulations 8 to 11 apply to England only.
Interpretation
2
In these Regulations —
“the 1977 Act” means the National Health Service Act 1977 ;
“the 2001 Act” means the Health and Social Care Act 2001;
“the appeal period” means the period of 14 days within which an appellant must file his notice of appeal against a decision of the Tribunal in accordance with the Civil Procedure Rules 1998 ;
“the applicant Health Authority” means the Health Authority in Wales which made an application to the Tribunal which led to any Tribunal direction being made;
“the effective date” is the date (being after the relevant date) which immediately follows —
the date on which an appeal period ended in respect of a local or national disqualification decision, without any appeal being filed,
the date on which any appeal was withdrawn,
the date on which a court upheld the Tribunal’s local or national disqualification decision on appeal,
as the case may be;
“the FHSAA” means the Family Health Services Appeal Authority constituted under section 49S of the National Health Service Act 1977 ;
“a local disqualification decision” means a direction of the Tribunal under section 46(2)(a) of the 1977 Act in relation to a Health Authority in Wales to which section 47(1) of that Act applies;
“a national disqualification decision” means a direction of the Tribunal under section 46(2)(b) of the 1977 Act to which section 47(1) of that Act applies;
“the Order” means the Health and Social Care Act 2001 (Commencement No. 3) (Wales) Order 2002 ;
“a pharmacist case” means a case before the Tribunal in relation to a person undertaking to provide pharmaceutical services under Part II of the 1977 Act;
“the relevant date” means —
26th August 2002, or
in a pharmacist case, the date on which the first regulations made under section 42 of the 1977 Act come into force after the commencement of section 20(6) of the 2001 Act;
“a review decision” means a decision by the Tribunal under section 47 of the 1977 Act not to direct that a disqualification be ended;
“a suspension direction” means a direction of the Tribunal under section 49A(2) of the 1977 Act that subsection (3) of that section applies;
“a suspension pending appeal direction” means a direction of the Tribunal under section 49B(1) of the 1977 Act ; and
“the Tribunal” means the tribunal constituted under section 46 of the 1977 Act .
Local disqualification decisions made before the relevant date
3
Where a person was subject to a local disqualification decision immediately before the relevant date and —
a
the appeal period had ended by that date, or
b
an appeal against that disqualification was concluded before that date and was not successful or was withdrawn before that date,
he shall be treated from the relevant date as having been removed from a Health Authority’s list in accordance with section 49M(6)(a) of the 1977 Act .
National disqualification decisions made before the relevant date
4
1
Where a person was subject to a national disqualification decision immediately before the relevant date and —
a
the appeal period had ended by that date, or
b
an appeal was concluded before that date and was not successful or was withdrawn before that date,
he shall be treated from the relevant date as having had a national disqualification imposed on him by the FHSAA under section 49N(1) of the 1977 Act.
2
Where a person is treated as having had a national disqualification imposed on him by the FHSAA in accordance with paragraph (1) —
a
where no review decision has been made he may request a review by the FHSAA under section 49N(8)(a) of the 1977 Act not less than two years after —
i
the date on which a national disqualification decision was made, where that decision has not been appealed, or
ii
the date on which a national disqualification decision was upheld by a court,
whichever is the later; or
b
where he has had a review decision, he may request a review by the FHSAA under section 49N(8)(a) of the 1977 Act not less than one year after the date of that review decision,
and thereafter, subject to paragraph (3), section 49N(8)(b) of the 1977 Act shall apply in his case.
3
Where the FHSAA states that it is of the opinion that there is a need for an immediate review because —
a
a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or
b
the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period specified in paragraph (2) which applies before a review may be undertaken shall be reduced to the period that has already elapsed.
Cases under the 1977 Act where the appeal period has not ended or an appeal is not concluded by the relevant date
5
1
In any case where the Tribunal makes a local or a national disqualification decision before the relevant date but the appeal period does not end, an appeal is not withdrawn, or an appeal is not concluded until after that date, the following paragraphs shall apply.
2
Where a person who is the subject of a local disqualification decision does not file an appeal by the end of the appeal period he shall be treated as having been removed from the applicant Health Authority’s list from the effective date.
3
Where a person who is the subject of a national disqualification decision does not file an appeal against that decision by the end of the appeal period, any suspension pending appeal direction shall cease to apply and he shall be treated as having had a national disqualification imposed on him by the FHSAA from the effective date and, subject to paragraph (4), section 49N(8) of the 1977 Act shall apply in his case.
4
Where the FHSAA states that it is of the opinion that there is a need for an immediate review because —
a
a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or
b
the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period of two years specified in section 49N(8)(a) of the 1977 Act which applies before a first review may be undertaken shall be reduced to the period that has already elapsed.
5
Where a person who is the subject of a local or national disqualification decision —
a
has filed an appeal which is not concluded by the relevant date,
b
withdraws an appeal after that date, or
c
files an appeal within an appeal period ending after that date,
any suspension pending appeal direction, if given, shall continue to apply, and paragraphs (3) and (4) of regulation 6 shall apply in his case.
Other cases under the 1977 Act not disposed of by the relevant date
6
1
Subject to paragraph (2), where a Health Authority made representations to the Tribunal in respect of a person under section 46 of the 1977 Act on or after 1st July 2002 and the case has not been disposed of by the Tribunal by the relevant date —
a
any proceedings against him before the Tribunal shall cease, and
b
the Health Authority may proceed in relation to the person under section 49F of the 1977 Act.
2
Where before the relevant date the Tribunal has given a suspension direction in respect of a person to whom paragraph (1) applies, that person shall be treated with effect from the relevant date as having been suspended by the Health Authority under section 49I of the 1977 Act.
3
Where a Health Authority made an application to the Tribunal in respect of a person under section 46 of the 1977 Act before 1st July 2002, article 2(2) of the Order shall apply until the effective date and the Tribunal may make any directions they could have made before the relevant date.
4
In a case to which paragraph (3) applies and the Tribunal impose —
a
a local disqualification on a person, he shall be treated as having been removed from a Health Authority list from the effective date, or
b
a national disqualification on a person, he shall be treated as having had a national disqualification imposed on him by the FHSAA from the effective date and, subject to paragraph (5), section 49N(8)(a) of the 1977 Act shall apply in his case.
5
Where the FHSAA states that it is of the opinion that there is a need for an immediate review because —
a
a criminal conviction considered by the Tribunal in reaching its decision has been quashed or the penalty has been reduced on appeal, or
b
the decision of a professional, licensing or regulatory body has been quashed or the penalty has been reduced on appeal,
the period of two years specified in section 49N(8)(a) of the 1977 Act which applies before a first review may be undertaken shall be reduced to the period that has already elapsed.
Disposal of case files held by the Tribunal
7
1
In any case to which regulation 4(1) applies, the Tribunal shall transfer the case file to the FHSAA as soon as may be practicable after the relevant date.
2
In any case to which regulation 6(4) applies, the Tribunal shall transfer the case file to the FHSAA within two weeks of the effective date which applies to the case in question.
Consequential amendments of regulations
8
In the National Health Service (General Medical Services) Regulations 1992 , in regulation 2 (interpretation) —
a
in the appropriate alphabetical position, insert ““Abolition of the Tribunal (Wales) Regulations” means the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ;”;
b
under the definition of “a national disqualification” —
i
in sub-paragraph (c), after “Abolition of the Tribunal Regulations”, insert “or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations,”; and
ii
delete sub-paragraph (d);
c
under the definition of “suspended” —
i
delete sub-paragraph (b); and
ii
from “and shall be treated” to the end, substitute “and shall be treated as including a case where a person is treated as suspended by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;”
d
for the definition of “the Tribunal”, substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales, only until 26th August 2002 .”.
9
In the National Health Service (General Medical Services) (Supplementary List) Regulations 2001 , in regulation 2 (interpretation) —
a
in the appropriate alphabetical position, insert ““Abolition of the Tribunal (Wales) Regulations” means the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ;”;
b
under the definition of “a national disqualification” —
i
in sub-paragraph (c), after “Abolition of the Tribunal Regulations”, insert “or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations,”; and
ii
delete sub-paragraph (d);
c
under the definition of “suspended” —
i
delete sub-paragraph (b); and
ii
from “and shall be treated” to the end, substitute “and shall be treated as including a case where a person is treated as suspended by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;”
d
for the definition of “the Tribunal”, substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales, only until 26th August 2002 .”.
10
In the National Health Service (General Dental Services) Regulations 1992 , in regulation 2 (interpretation) —
a
in the appropriate alphabetical position, insert ““the Abolition of the Tribunal (Wales) Regulations” means the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ;”;
b
under the definition of “a national disqualification” —
i
in sub-paragraph (c), after “Abolition of the Tribunal Regulations”, insert “or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations,”; and
ii
delete sub-paragraph (d);
c
under the definition of “suspended” —
i
delete sub-paragraph (b); and
ii
from “and shall be treated” to the end, substitute “and shall be treated as including a case where a person is treated as suspended by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;”.
d
for the definition of “the Tribunal”, substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales, only until 26th August 2002 .”.
11
In the National Health Service (General Ophthalmic Services) Regulations 1986 , in regulation 2 (interpretation) —
a
in the appropriate alphabetical position, insert ““the Abolition of the Tribunal (Wales) Regulations” means the Abolition of the NHS Tribunal (Consequential Provisions) Regulations 2002 ;”;
b
under the definition of “corresponding decision”, delete the word “Wales,”;
c
under the definition of “national disqualification” —
i
in sub-paragraph (c), after “Abolition of the Tribunal Regulations”, insert “or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations,”; and
ii
delete sub-paragraph (d);
d
under the definition of “suspended” —
i
delete sub-paragraph (b); and
ii
from “and shall be treated” to the end, substitute “and shall be treated as including a case where a person is treated as suspended by a Health Authority by virtue of regulation 6(2) of the Abolition of the Tribunal Regulations, or by virtue of regulation 6(2) of the Abolition of the Tribunal (Wales) Regulations, and “suspends” and “suspension” shall be construed accordingly;”
e
for the definition of “the Tribunal”, substitute ““the Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales, only until 26th August 2002 .”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
24th July 2002