text:
Introductory
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 3) Regulations 2002 and shall come into force on 8th October 2002.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 .
Amendment of the principal Regulations
3
Amend the principal Regulations in accordance with regulations 4 to 18.
4
1
Amend regulation 3 as follows.
2
For paragraphs (1) and (2) substitute —
3
1
If any part of earnings paid to or for the benefit of an earner is normally paid, or is treated under regulation 7 as paid, at regular intervals, the earnings period in respect of those earnings shall be the period found in accordance with the following Table, subject to paragraphs (2) to (6).
Earnings Periods
Case Applicable earnings period
Earnings paid at an interval of 7 days or more. The length of the interval. Earnings paid at intervals of different lengths, each of which is 7 days or more. The length of the shorter or shortest of those intervals. Earnings paid at one or more intervals of less than 7 days. A week. Earnings paid at one or more intervals of less than 7 days and at one or more intervals of more than 7 days. A week.
2
In any year, the earnings period for the earnings mentioned in paragraph (1) shall only be that found by the Table in that paragraph if the period in which the earnings are paid is one of a succession of periods and —
a
the periods are the same length;
b
the first period begins on the first day of the year; and
c
the subsequent periods begin immediately after the end of the preceding period.
For the purpose of this paragraph, if all the periods in the succession mentioned above, apart from the last in the year in question, are the same length, the last period in the year shall be treated as if it were the same length as the others.
This paragraph is subject to the following qualification.
2A
Paragraph (2B) applies if it appears to an officer of the Board that —
a
it is the employer’s practice to pay the greater part of the earnings referred to in paragraph (2) at intervals of greater length than the shorter or shortest of the earnings periods produced by the application of that paragraph; and
b
that practice is likely to continue.
2B
If this paragraph applies the officer may, and if requested to do so by the earner or the secondary contributor shall, decide whether to give a notice to the earner and the secondary contributor specifying the longer or longest of the earnings periods produced by the application of paragraph (2) to be the earnings period applicable to those earnings.
2C
A notice under paragraph (2B) shall —
a
be given to both the earner and the secondary contributor; and
b
specify the date from which the change of earnings period is to take effect.
The date specified shall not be earlier than that on which the notice is given.
2D
A notice given under paragraph (2B) shall have effect until an officer of the Board decides (either of his own motion or on an application by the earner or the secondary contributor) that the practice to which it relates has ceased.
If an officer of the Board decides that a notice is to cease to have effect, he shall notify the earner and the secondary contributor accordingly.
.
3
In paragraph (3) for “paragraph (2)” substitute “paragraph (2B)” and for “paragraph (1)(b)” substitute “paragraph (2)”.
4
Omit paragraph (4).
5
For regulation 30 substitute —
Abnormal pay practices
30
1
If an officer of the Board is satisfied that —
a
a secondary contributor has followed or is following a practice in the payment of earnings which is abnormal for the employment in question (“an abnormal pay practice”); and
b
by reason of that practice the liability for earnings-related contributions is or has been avoided or reduced,
paragraph (2) applies.
2
If this paragraph applies the officer may, and if requested to do so by the earner or the secondary contributor shall, decide any question relating to a person’s earnings-related contributions as if the secondary contributor had not followed an abnormal pay practice, but had followed a practice normal for the employment in question.
3
A decision under this regulation shall not apply to contributions based on payments made more than one year before the beginning of the year in which that decision is given.
.
6
For regulation 31 substitute —
Practices avoiding or reducing liability for contributions
31
1
If an officer of the Board is satisfied that —
a
a practice exists as to the making of irregular or unequal payments of earnings; and
b
by reason of the practice the liability for earnings-related contributions is avoided or reduced,
he may, and if requested to do so by either the earner or the secondary contributor shall, decide whether to issue a direction to secure that the same contributions are payable as would be payable if the practice were not followed.
2
A direction under paragraph (1) —
a
shall specify the date from which it is to have effect, which shall not be earlier than that on which it is given;
b
shall have effect until —
i
the direction is superseded by the giving of a further direction, or
ii
an officer of the Board is satisfied that the practice has ceased, or has ceased to have the effect mentioned in paragraph (1)(b); and
c
shall be given to the earner and the secondary contributor concerned.
This is subject to the qualification in paragraph (3).
3
A direction under paragraph (1) need not be given to an earner if the officer of the Board is for any reason unable to ascertain his identity or whereabouts.
4
This regulation does not limit the operation of regulation 30.
.
7
For regulation 50 substitute —
50
1
If —
a
a person (“the contributor”) —
i
was entitled to pay a Class 3 contribution under regulation 48, 146(2)(b) or 147; and
ii
failed to pay that contribution in the appropriate period specified for its payment; and
b
the condition in paragraph (2) is satisfied,
the contributor may pay the contribution within such further period as an officer of the Board may direct.
2
The condition is that an officer of the Board is satisfied that —
a
the failure to pay is attributable to the contributor’s ignorance or error; and
b
that ignorance or error was not the result of the contributor’s failure to exercise due care and diligence.
.
8
For regulation 52 substitute —
52
1
This regulation applies if —
a
a contribution other than a Class 4 contribution has been paid in error; or
b
there has been a payment of contributions in excess of the amount specified in regulation 21.
This regulation is subject to the provisions of regulations 51 and 57.
2
If this regulation applies, an application may be made to the Board for the return of —
a
the contribution paid in error; or
b
so much of the payment of contributions as exceeds the amount specified in regulation 21.
3
An application under paragraph (2) shall be made to the Board —
a
in writing or in such form and by such means of electronic communications as are approved; and
b
in the case of a contribution paid in error, within the time permitted by paragraph (11).
4
On the making of an application under paragraph (2), the Board shall return the contribution paid in error, or so much of the payment in question as exceeds the amount specified in regulation 21.
This is subject to paragraphs (5) and (6).
5
Paragraph (4) does not require the return of a contribution or a payment unless the amount to be returned exceeds —
a
in the case of Class 1A and Class 1B contributions, 50 pence; or
b
in the case of —
i
Class 1 contributions; or
ii
Class 2 contributions paid in excess of the amount prescribed in regulation 21; one fifteenth of a contribution at the primary percentage payable on earnings at the upper earnings limit in respect of primary Class 1 contributions prescribed in regulation 10 for the last or only year in respect of which the contributions were paid.
6
Paragraph (4) does not require the return of a primary Class 1 contribution to which regulation 3 of the Social Security (Additional Pension) (Contributions Paid in Error) Regulations 1996 (purposes for which primary Class 1 contributions paid in error are to be treated as properly paid) applies.
7
If an application under paragraph (2) has been made for the return of contributions paid in excess of the amount prescribed in regulation 21, the contributions shall be returned in the following order —
a
primary Class 1 contributions at the reduced rate;
b
Class 2 contributions;
c
primary Class 1 contributions at the primary percentage;
d
any amount of primary Class 1 contributions reduced in accordance with section 41 (1) and (1A) of the Pensions Act in respect of COSRS employment;
e
any amount of primary Class 1 contributions reduced in accordance with section 42A(1) and (2) of the Pensions Act in respect of COMPS employment.
8
In the case of contributions falling within paragraph (7)(d) or (e), the amount to be returned is —
a
if the amount paid at the contracted-out rate equals or exceeds 53 times the amount payable on earnings at the upper earnings limit for the year in question, the sum of —
i
the amount, calculated at the primary percentage specified in section 8(2) of the Act, payable on earnings at the lower earnings limit for that year; and
ii
the amount paid at the contracted-out rate (if any); and
b
if the amount paid at the contracted-out rate is less than 53 times the amount payable on earnings at the upper earnings limit for the year in question, or if no amount has been paid at the contracted-out rate, the amount paid at the normal rate.
9
If —
a
an application has been made under paragraph (2) for the return of contributions in excess of the amount specified in regulation 21; and
b
the Board have been given notice under section 44(1) of the Pensions Act,
the contributions shall be returned in the order specified in paragraph (7), except that the contributions specified in sub-paragraph (c) shall be returned after those in sub-paragraphs (d) and (e).
10
Contributions paid by a secondary contributor on behalf of any person in error, or in excess of the amount specified in regulation 21 —
a
if they are not recovered by the secondary contributor from that person, may be returned to the secondary contributor; and
b
if they are recovered by the secondary contributor from that person may be returned either to that person, or, with that person’s consent given in writing or by such means of electronic communications as may be approved, to the secondary contributor.
11
An application for the return of any contribution paid in error shall be made within the period of six years from the end of the year in which the contribution was due to be paid.
This is subject to the following qualification.
If the application is made after the end of that period, an officer of the Board shall admit it if satisfied that —
a
the person making the application had reasonable excuse for not making the application within that period; and
b
the application was made without unreasonable delay after the excuse had ceased.
12
In this regulation “error” means, and means only, an error which —
a
is made at the time of the payment; and
b
relates to some past or present matter.
.
9
In regulation 54(3) for the words from “was issued” to the end substitute —
was issued.
This is subject to the following qualification.
If the application is made after the end of that period, an officer of the Board shall admit it if satisfied that —
a
the secondary contributor had reasonable excuse for not making the application within that period; and
b
the application was made without unreasonable delay after the excuse had ceased.
.
10
In regulation 55(3) —
a
after “referred to in that paragraph” insert “(“the applicant”)”; and
b
for the words from “was paid” to the end substitute —
was due to be paid.
This is subject to the following qualification.
If the application is made after the end of that period, an officer of the Board shall admit it if satisfied that —
a
the applicant had reasonable excuse for not making the application within that period; and
b
the application was made without unreasonable delay after the excuse had ceased.
.
11
In regulation 60(1) for “of the Board” substitute “of an officer of the Board”.
12
For regulation 61 substitute —
61
1
If a person who was entitled, but not liable, to pay a Class 2 contribution (“the contributor”) fails to pay that contribution within the period within which it may be paid, and the condition in paragraph (2) is satisfied, the contribution may be paid within such further period as an officer of the Board may direct.
2
The condition is that an officer of the Board is satisfied that —
a
the failure was attributable to the contributor’s ignorance or error; and
b
that ignorance or error was not the result of the contributor’s failure to exercise due care and diligence.
.
13
In paragraphs (2)(a), (3) and (4)(c) of regulation 65 (Class 2 and Class 3 contributions paid late through ignorance or error) for “to the satisfaction of the Board” substitute “to the satisfaction of an officer of the Board”.
14
In regulation 101(b) omit the words from “in circumstances in which” to the end of the paragraph.
15
In regulation 102 —
a
in paragraph (1) for “by the earner” substitute “to the earner”; and
b
for paragraph (2) substitute —
2
It is a condition of repayment under this regulation that the earner makes an application for the repayment —
a
in such form and manner as the Board may determine; and
b
in the case of contributions falling within paragraph (b) of regulation 101, within the time prescribed in paragraph (3).
.
16
In regulation 110(3) —
a
after “special Class 4 contribution” insert “(“the applicant”)”; and
b
for the words from “was paid” to the end substitute —
was due to be paid.
This is subject to the following qualification.
If the application is made after the end of that period, an officer of the Board shall admit it if satisfied that —
the applicant had reasonable excuse for not making the application within that period; and
the application was made without unreasonable delay after the excuse had ceased.
.
17
In regulation 149(2)(b) for “outsider Great Britain” substitute “outside the United Kingdom”.
18
After regulation 155 insert —
Decisions taken by officers of the Inland Revenue in respect of contributions which are prescribed for the purposes of section 8(1)(m) of the Transfer Act
155A
1
For the purposes of section 8(1)(m) of the Transfer Act the decisions specified in paragraphs (2) to (5) are prescribed.
2
The decisions specified in this paragraph are —
a
whether a notice should be given under regulation 3(2B) and, if so, the terms of such a notice;
b
whether a notice given under regulation 3(2B) should cease to have effect;
c
whether a direction should be given under regulation 31 and, if so, the terms of the direction;
d
whether the condition in regulation 50(2) is satisfied;
e
whether a late application under regulation 52(11) for the refund of a contribution should be admitted;
f
whether a late application under regulation 54(3) for the return of a Class 1 contribution paid at the wrong rate should be admitted;
g
whether a late application under regulation 55(3) for the repayment of a Class 1A contribution should be admitted;
h
whether, in a case where the secondary contributor has failed to pay a primary Class 1 contribution on behalf of the primary contributor, that failure was with the consent or connivance of the primary contributor or attributable to any negligence on the part of the primary contributor, as mentioned in regulation 60;
i
whether the condition in regulation 61(2) is satisfied;
j
whether, in the case of a Class 2 contribution remaining unpaid by the due date, the reason for the non-payment is the contributor’s ignorance or error, and, if so, whether that ignorance or error was due to his failure to exercise due care and diligence, as mentioned in regulation 65(2);
k
whether the reason for a contributor’s failure to pay a Class 3 contribution within the period prescribed for its payment is his ignorance or error, and, if so, whether that ignorance or error was due to his failure to exercise due care and diligence, as mentioned in regulation 65(3);
l
whether the reason for a contributor’s failure to pay a Class 3 contribution falling to be computed under section 13(6) of the Act and which remains unpaid after the end of the second year following the contribution year, is his ignorance or error and if so whether that ignorance or error was due to his failure to exercise due care and diligence, as mentioned in regulation 65(4); and
m
whether a late application under regulation 110(3) for the return of a special Class 4 contribution should be admitted.
3
The decisions specified in this paragraph are —
a
whether a contribution (other than a Class 4 contribution) has been paid in error as mentioned in regulation 52(1)(a); and
b
whether there has been a payment of contributions in excess of the amount specified in regulation 21, as mentioned in regulation 52(1)(b),
to the extent that they are not decisions falling within section 8(1)(c) or (d) (decisions as to liability and entitlement to pay contributions) of the Transfer Act.
4
The decisions specified in this paragraph are —
a
whether the delay in making payment of a contribution, payable by an employer on behalf of an insured person, was neither with the consent or connivance of the insured person nor attributable to any negligence on the part of the insured person, as mentioned in regulation 23 of the National Insurance (Contributions) Regulations 1969 ;
b
whether, in the case of a contribution paid after the due date, the failure to pay the contribution before that time was attributable to ignorance or error on the part of the insured person, and, if so, whether that ignorance or error was due to the failure on the part of the insured person to exercise due care and diligence, as mentioned in regulation 24 of those Regulations; and
c
whether the failure to pay a contribution to which regulation 32 of those Regulations applies within the prescribed period was attributable to ignorance or error on the part of the person entitled to pay it and, if so, whether that ignorance or error was due to the failure of the person entitled to pay the contribution to exercise due care and diligence.
5
The decisions specified in this paragraph are —
a
whether the delay in making payment of a primary Class 1 contribution which is payable on a primary contributor’s behalf by a secondary contributor was neither with the consent or connivance of the primary contributor nor attributable to any negligence on the part of the primary contributor, as mentioned in regulation 5 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (treatment for the purpose of any contributory benefit of late paid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor); and
b
whether, in the case of a contribution paid by or in respect of a person after the due date, the failure to pay the contribution before that time was attributable to ignorance or error on the part of that person or the person making the payment and if so whether that ignorance or error was due to the failure on the part of such person to exercise due care and diligence, as mentioned in regulation 6 of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 (treatment for the purpose of any contributory benefit of contributions under the Act paid late through ignorance or error).
.
Consequential amendments
19
1
Amend the Social Security (Crediting and Treatment of Contributions, National Insurance Numbers) Regulations 2001 as follows.
2
In regulation 5(1) (treatment for the purpose of any contributory benefit of late paid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor) after “to the satisfaction of” insert “an officer of”.
3
In regulation 6(1) (treatment for the purpose of any contributory benefit of contributions under the Act paid late through ignorance or error) —
a
after “to the satisfaction of” in sub-paragraph (b) insert “an officer of”;
b
for “the Inland Revenue may direct” substitute “an officer of the Inland Revenue may direct”; and
c
for “the Inland Revenue may consider” substitute “the officer considers”.
20
1
Amend the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations (Northern Ireland) 2001 as follows.
2
In regulation 5(1) (treatment for the purpose of any contributory benefit of late paid primary Class 1 contributions where there was no consent, connivance or negligence by the primary contributor) after “to the satisfaction of” insert “an officer of”.
3
In regulation 6(1) (treatment for the purpose of any contributory benefit of contributions under the Act paid late through ignorance or error) —
a
after “to the satisfaction of” in sub-paragraph (b) insert “an officer of”;
b
for “the Inland Revenue may direct” substitute “an officer of the Inland Revenue may direct”; and
c
for “the Inland Revenue may consider” substitute “the officer considers”.
Jim Fitzpatrick
Ian Pearson
Two of the Lords Commissioners of Her Majesty’s Treasury
16th September 2002
The Secretary of State hereby concurs.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
11th September 2002
The Department for Social Development hereby concurs. Sealed with the Official Seal of the Department for Social Development on 6th September 2002.
John O'Neill
Senior Officer of the
Department for Social Development
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
9th September 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Communities (Designation) (No. 3) Order 2002 and shall come into force on 16th August 2002.
2
In this Order —
“ the Act ” means the European Communities Act 1972,
“Minister or government department” means a Minister of the Crown or government department, but does not include a Northern Ireland Minister or Northern Ireland department,
“regulations” means regulations made pursuant to section 2(2) of the Act.
Designation of Ministers
2
1
For the purposes of section 2(2) of the Act, the Ministers specified in column (1) of Schedule 1 to this Order are designated in relation to the matters specified in column (2) of that Schedule.
2
Where a Minister is designated by this Order in relation to any matter, for which any other Minister or government department is designated by any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Designation of Northern Ireland departments
3
1
For the purposes of section 2(2) of the Act, any Northern Ireland department is designated in relation to the matter specified in Schedule 2 to this Order.
2
Regulations made by any Northern Ireland department pursuant to this Order shall form part of the law of Northern Ireland and not of any other part of the United Kingdom.
3
Where any Northern Ireland department is designated by this Order in relation to any matter, for which any Minister or government department is designated by this or any other Order for the purposes of section 2(2) of the Act, any of them may make regulations and, if regulations are made by more than one, they may do so jointly.
Revocation of designations
4
The Orders specified in column (1) of Schedule 3 to this Order are revoked in so far as they relate to the Ministers or departments specified in column (2) and the designations specified in respect of them in column (3).
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Mersey Docks and Harbour Company (Langton River Berth) Harbour Revision Order 2002 and shall come into force on 31st December 2002.
2
The Mersey Docks and Harbour Acts and Orders 1857 to 1992 and this Order may be cited together as the Mersey Docks and Harbour Acts and Orders 1857 to 2002.
Interpretation
2
1
In this Order —
“ the Company ” means The Mersey Docks and Harbour Company;
“deposited plan and sections” means the plan and sections prepared in triplicate, signed by the Head of Ports Division in the Department for Transport and marked “The Mersey Docks and Harbour Company (Langton River Berth) Harbour Revision Order 2002”, of which two copies have been deposited at the Department and one copy has been deposited at the offices of the Company;
“the Dock Act 1848 ” means the Liverpool Docks Act 1848 ;
“ existing enactments ” means The Mersey Docks and Harbour Acts and Orders 1857 to 1992;
“limits of deviation” means the limits of deviation shown on the deposited plan;
“ the port ” means the port of Liverpool as defined in the 1971 Act (including all land within the ring ownership boundary as defined in section 11 of the Mersey Docks and Harbour Board Act 1971) ;
“relevant work” means so much of any work authorised by this Order as is on, under or over the waters of the port;
“subsidiary” has the same meaning as in section 736 of the Companies Act 1985 ;
“the 1906 Act ” means the Mersey Docks and Harbour Board Act 1906 ;
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1971 Act” means the Mersey Docks and Harbour Act 1971 ;
“ Trinity House ” means the Corporation of Trinity House of Deptford Strond;
“works” means the works authorised by this Order or, as the case may require, any part thereof.
2
This Order shall be read as if the words “or thereabouts” were inserted after each distance mentioned in article 3.
3
Except in article 7(1) map reference points specified in this Order are Ordnance Survey National Grid reference points.
4
References in the existing enactments to the undertaking of the Company shall be construed as including references to any works carried on by the Company or any of its subsidiaries under or by virtue of this Order.
Power to construct works
3
1
Subject to the provisions of this Order, the Company may in the port and in the situations and lines and within the limits of deviation and according to the levels shown on the deposited plan and sections construct and maintain the works hereafter described, together with all necessary and proper works and conveniences connected with or incidental thereto, that is to say —
Work No. 1. — A rock berm along the toe of the river wall over a length of 310 metres commencing at a point at 332760, 394741 proceeding thence in a southerly direction, terminating at a point at 332894, 394462.
Work No. 2. — An approach bridge of structural steelwork and/or reinforced concrete deck on tubular piles to the second deck of the linkspan, commencing at a point on the quay edge, at a point at 332876, 394513, proceeding thence in a south westerly direction for 40 metres and terminating at a point at 332867, 394487.
Work No. 3. — An approach bridge of structural steelwork and/or reinforced concrete deck on tubular piles to the first deck of the linkspan, commencing at a point on the quay edge, at a point at 332896, 394490, proceeding thence in a westerly direction for 35 metres and terminating at a point at 332869, 394471.
Work No. 4. — A twin deck linkspan providing berth and associated facilities for vessels including a series of dolphins of structural steelwork and/or reinforced concrete deck on tubular piles, with interlinking walkways commencing at the termination of Work No. 2 (332867, 394487) proceeding thence in a south westerly direction for 325 metres and terminating at a point at 332903, 394163.
2
The Company may within the limits of deviation alter, replace, relay or reconstruct the works and may maintain the same as altered, replaced, relaid or reconstructed.
Period for completion of works
4
If the works are not completed within 10 years from the coming into force of this Order, the powers by this Order granted to the Company for constructing the works shall cease except as to so much thereof as is then substantially commenced.
Subsidiary works
5
Subject to the provisions of this Order, the Company may from time to time, within the limits of deviation, construct and maintain all such necessary works and conveniences, and take such measures, as may be requisite or expedient for the purposes of or in connection with the construction, maintenance and use of the works.
Power to deviate
6
In constructing the works the Company may deviate laterally from the lines or situations thereof shown on the deposited plan to the extent of the limits of deviation and may deviate vertically from the levels shown on the deposited sections to any extent upwards or downwards.
Temporary closure
7
1
Notwithstanding anything in section 23 of the Dock Act 1848 or section 13 of the 1906 Act or any other enactment, all rights of way (if any) between points X and Y over the existing river wall shall be closed during the construction of the works.
2
Any person who suffers loss by the temporary closure of such right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
3
Part I of the 1961 Act shall apply to any dispute over compensation for loss as a result of the temporary closure referred to in paragraph (1) as it applies to a question of disputed compensation where land is authorised to be acquired compulsorily with such modifications as may be necessary.
Fine for obstructing works
8
Any person who intentionally obstructs any person acting under the authority of the Company in setting out the lines of the works, or who moves or removes any pole, stake, station point or bench mark established for the purpose of such setting out, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Effect of existing Acts upon works
9
The works, and the bed, banks and shores of the river Mersey on which the works are constructed shall for all purposes, so far as is not inconsistent with the provisions of this Order, be deemed to be docks and lands of the Company within the meaning of the existing enactments or any of them.
Relevant works not to be executed without approval of Secretary of State
10
1
A relevant work shall not be constructed, altered, replaced, relaid or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a relevant work is constructed, altered, replaced, relaid or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require the Company at its own expense to remove the relevant work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon the Company it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the relevant work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Provision against danger to navigation
11
1
In case of injury to, or destruction or decay of, a relevant work or any part thereof, the Company shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to notify Trinity House as required by this article or to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
12
1
Where a relevant work is abandoned or suffered to fall into decay, the Secretary of State may by notice in writing require the Company at its own expense either to repair and restore the work or any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting —
a
partly of a relevant work, and
b
partly of works on or over land which is not on, under or over the waters of the port,
is abandoned or suffered to fall into decay and the works mentioned in sub-paragraph (b) above are in such condition as to interfere or to cause reasonable apprehension that they may interfere with the right of navigation or other public rights, the Secretary of State may include those works, or any portion thereof, in any notice under this article.
3
If, on the expiration of 30 days from the date when a notice under this article is served upon the Company, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice and any expenditure incurred by the Secretary of State in so doing shall be recoverable from the Company.
Survey of relevant works
13
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a relevant work or of the site upon which it is proposed to construct the work and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from the Company.
Permanent lights on relevant works
14
1
After the completion of a relevant work the Company shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
Lights on relevant works during construction, etc.
15
1
The Company shall at or near a relevant work during the whole time of the construction, alteration, replacement, relaying or reconstruction thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If the Company fails to comply in any respect with a direction given under this article, it shall be guilty of an offence and liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine.
3
It shall be a defence for the Company to prove that all due diligence was used to secure compliance with any such direction.
For protection of the Environment Agency
16
Nothing in this Order or in any enactment applied by this Order shall prejudice or affect the operation of section 109 of the Water Resources Act 1991 or any byelaw made under that Act or the Land Drainage Act 1991 in relation to anything done under or in pursuance of this Order.
Crown rights
17
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown and, in particular, nothing in this Order authorises the Company to take, use, enter upon or in any manner interfere with, any land, hereditaments or rights of whatsoever description (including any part of the shore or bed of the sea or any other river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners, and
b
belonging to a government department, or held in trust for Her Majesty for the purposes of a government department, without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions and upon such terms as may be considered necessary as appropriate.
Signed by authority of the Secretary of State
Stephen Reeves
The Head of Ports Division,
Department for Transport
17th December 2002


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) (No. 2) Order 2002 and shall come into force on 1st September 2002.
2
The Education (School Teachers' Pay and Conditions) (No. 6) Order 2001 , the Education (School Teachers' Pay and Conditions) (No. 7) Order 2001 and the Education (School Teachers' Pay and Conditions) Order 2002 are hereby revoked.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act ) in England and Wales.
School Teachers' Pay and Conditions
3
It is hereby directed that the provisions set out in the document published by Her Majesty’s Stationery Office and entitled “School Teachers' Pay and Conditions Document 2002” (“ the Document ”) shall have effect from 1st September 2002.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
29th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Croydon 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 Croydon Health Authority ;
“the new Trust” means the Mayday Healthcare National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 27th 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 interpretation
1
1
This Order may be cited as the East Surrey 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 Act;
“the trust” means the East Surrey 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 East Surrey 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Worcestershire Community and Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the Worcestershire Community and Mental Health National Health Service Trust (Establishment) Order 1999 ;
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provisions
2
1
The trust shall be called the Worcestershire Mental Health Partnership National Health Service Trust instead of the Worcestershire Community and Mental Health National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Worcestershire Community and Mental Health” there shall be substituted “Worcestershire Mental Health Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Further amendment of NHS trust establishment order
3
1
For article 3 of the Order (nature and functions of the trust) there shall be substituted the following article —
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services for the purposes of the health service at or from Isaac Maddox House, Shrub Hill Road, Worcester WR4 9RW and at or from Kidderminster General Hospital, Bewdley Road, Kidderminster, Worcs DY11 6RJ,
and at or from any associated hospitals, establishments or facilities.
.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
26th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of South Norfolk (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of South Norfolk;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of South Norfolk (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 South Norfolk District Council.
Wards of the district of South Norfolk
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Costessey
4
1
The existing wards of the parish of Costessey shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names New Costessey and Old Costessey; and each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be eight.
Wards of the parish of Diss
5
The parish of Diss shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Roydon
6
The parish of Roydon shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Wymondham
7
1
The existing wards of the parish of Wymondham shall be abolished.
2
The parish shall be divided into five parish wards which shall bear the names Abbey, Cromwells, Northfields, Rustens and Town; and each parish ward shall comprise the area of the district ward bearing the same name, and the number of councillors to be elected for each parish ward shall be three.
Numbers of parish councillors
8
The number of parish councillors to be elected for the parish of Cringleford shall be eleven, and for the parish of Hethersett shall be thirteen.
Maps
9
South Norfolk District Council shall make a print of the map marked “Map referred to in the District of South Norfolk (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
10
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
11
The District of South Norfolk (Electoral Arrangements) Order 1977 is revoked,save for article 5.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th December 2002
Glyn Mathias
Commissioner
12th December 2002
Neil McIntosh
Commissioner
12th December 2002
Karamjit Singh
Commissioner
18th December 2002
Sam Younger
Commissioner
12th December 2002
Graham Zellick
Commissioner
12th December 2002


text:
1
1
This Order may be cited as the Export of Goods (Control) (Amendment) Order 2002 and shall come into force on 28th August 2002.
2
In this Order “the principal Order ” means the Export of Goods (Control) Order 1994 .
2
1
The principal Order shall be amended as follows.
2
In Schedule 1, under “Prohibited Goods, Contents, Part I”, the heading “Group 3 Vehicles” shall be deleted.
3
In Schedule 1, Part I, the sub-heading “Group 3 Vehicles” and paragraph 1 shall be deleted.
4
In Schedule 1, Part III, the definitions “additives”, “military explosives” and “military pyrotechnics” shall be deleted.
5
In Schedule 1, Part III, the following definitions shall be added:
a
After the definition “end-effectors”,
“energetic materials” means substances or mixtures that react chemically to release energy required for their intended application; “explosives”, “pyrotechnics” and “propellants” are subclasses of energetic materials
;
b
After the definition “energetic materials”,
“explosives” means solid, liquid or gaseous substances or mixtures of substances which, in their application as primary, booster, or main charges in warheads, demolition and other applications, are required to detonate
;
c
After the definition “polyclonal antibodies”,
“precursors” means speciality chemicals used in the manufacture of “explosives”
;
d
After the definition “programme”,
“propellants” means substances or mixtures that react chemically to produce large volumes of hot gases at controlled rates to perform mechanical work
;
e
After the definition “propellants”,
“pyrotechnic(s)” means mixtures of solid or liquid fuels or oxidizers which, when ignited, undergo an energetic chemical reaction at a controlled rate intended to produce specific time delays, or quantities of heat, noise, smoke, visible light or infrared radiation; pyrophorics are a subclass of pyrotechnics, which contain no oxidizers but ignite spontaneously on contact with air
;
6
In the header to ML4, in Schedule 1, Part III the words “other explosive devices and charges” shall be inserted after the word “missiles.”
7
In Schedule 1, Part III at ML 10(h), insert
a
the words “and related equipment” after the word “parachutes”; and
b
a new sub-paragraph “8”, after sub-paragraph 7,
8
Equipment specially designed for high altitude parachutists (eg, suits, special helmets, breathing systems, navigation equipment.).
8
In Schedule 1, Part III delete category ML8 and insert in its place the revised category ML8 set out in the Schedule to this order.
9
In Schedule 3, under Article 3B, the countries “Croatia”, “Eritrea”, “Ethiopia”, and “Federal Republic of Yugoslavia” shall be deleted.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business,
Department of Trade and Industry
3rd August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oldham Primary Care Trust (Establishment) Order 2002 and shall come into force on 23rd January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Oldham 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 23rd January 2002 a Primary Care Trust to be called the Oldham 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 West Pennine 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 Oldham 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
Hunt
Parliamentary Under Secretary of State,
Department of Health
13th January 2002


text:
1
This Order may be cited as the A64 Trunk Road (Musham Bank Roundabout to Queen Margaret’s Roundabout) (Detrunking) Order 20.. and shall come into force on 1st April 2002.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/342, marked “The A64 Trunk Road (Musham Bank Roundabout to Queen Margaret’s Roundabout)(Detrunking) Order 20..”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, 123 Victoria Street, London SW1 6DE;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Leeds to Scarborough Trunk Road (A64)
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force —
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
E. S. Belfield
A Divisional Director Highways Agency
21st February 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of West Dorset (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 West Dorset;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of West Dorset (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 West Dorset District Council.
Wards of the district of West Dorset
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into thirty-three wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Bradpole
4
The parish of Bradpole shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Bridport
5
1
The existing wards of the parish of Bridport shall be abolished.
2
The parish of Bridport shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be nine.
Wards of the parish of Dorchester
6
1
The existing wards of the parish of Dorchester shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Dorchester East, Dorchester North, Dorchester South and Dorchester West; each parish ward shall comprise the area of the district ward bearing the same name and the number of councillors to be elected for each parish ward shall be five.
Wards of the parish of Sherbourne
7
1
The existing wards of the parish of Sherbourne shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names Sherbourne East and Sherbourne West; each parish ward shall comprise the area of the district ward bearing the same name and the number of councillors to be elected for each parish ward shall be six.
Maps
8
West Dorset District Council shall make a print of the map marked “Map referred to in the District of West Dorset (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
9
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
10
The District of West Dorset (Electoral Arrangements) Order 1980 is revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th September 2002
Glyn Mathias
Commissioner
11th September 2002
Neil McIntosh
Commissioner
11th September 2002
Karamjit Singh
Commissioner
11th September 2002
Sam Younger
Commissioner
11th September 2002
Graham Zellick
Commissioner
11th September 2002


text:
Citation and interpretation
1
1
This Order may be cited as the Transport Act 2000 (Commencement No. 8 and Transitional Provisions) Order 2002.
2
In this Order —
“ 1988 Act ” means the Road Traffic Act 1988 ;
“Registrar” means the person appointed to compile and maintain the register of approved instructors established under section 23 of the Road Traffic Act 1962 (and continued by virtue of section 125 of the 1988 Act).
Provisions coming into force on 1st April 2002
2
1
The provisions of the 2000 Act set out in Part 1 of the Schedule hereto shall come into force on 1st April 2002 as respects England.
2
The provisions of the 2000 Act set out in Part 2 of the Schedule hereto shall come into force on 1st April 2002.
Transitional provisions: driving instructors
3
1
Where, on or before 31st March 2002, the Registrar has made any of the following decisions, namely —
a
a decision to refuse an application for the retention of a person’s name in the register under section 127 of the 1988 Act,
b
a decision to remove a person’s name from the register under section 128 of the 1988 Act, or
c
a decision to revoke a licence under section 130 of the 1988 Act,
and that decision has not (by virtue of the enactments then in force) taken effect by that date the decision shall take effect at the time specified in section 127, 128 or 130 of the 1988 Act, as the case may be, as if those enactments had not been amended by the 2000 Act.
2
Section 131 of, and Schedule 3 to, the 1988 Act as originally enacted shall continue to apply in respect of an appeal against —
a
a decision to which paragraph (1) above applies, and
b
a decision made by the Registrar on or before 31st March 2002 to refuse the entry of a person’s name in the register under section 125, 125A or 125B of the 1988 Act.
3
Section 260 of the 2000 Act, in so far as it relates to paragraph 11 of Schedule 29, shall not come into force in respect of any —
a
test of continued ability and fitness to give instruction in the driving of motor cars (or appropriate motor cars), or
b
emergency control assessment,
which takes place on or before 31st March 2002.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
10th March 2002