type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Finance Act 2002, section 6, (Appointed Day) Order 2002.
2
The day appointed as the day on which section 6(1) of the Finance Act 2002, so far as relating to paragraph 1 of Schedule 3 to that Act, comes into force is 1st April 2003.
T D Byrne
Commissioner of Customs and Excise
New King’s Beam House 22,
Upper Ground LONDON SE1 9PJ
11th December 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Minimum Funding Requirement and Miscellaneous Amendments) Regulations 2002 and shall come into force on 19th March 2002.
2
In these Regulations —
“the Minimum Funding Requirement Regulations ” means the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 ;
“the Winding Up Regulations ” means the Occupational Pension Schemes (Winding Up) Regulations 1996 ; and
“the Deficiency Regulations ” means the Occupational Pension Schemes (Deficiency on Winding Up etc. ) Regulations 1996 .
Amendment of the Minimum Funding Requirement Regulations
2
1
The Minimum Funding Requirement Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation), for the definition of “the transitional period” there shall be substituted the following definition:
“the transitional period” means the period beginning on the commencement date and ending on 31st December 2004.
.
3
For paragraph (9) of regulation 7 (determination and valuation of liabilities; gilts-matching policy), there shall be substituted the following paragraph:
9
For the purposes of this regulation —
a
a scheme is only to be taken to have a gilts-matching policy for liabilities in respect of pensioner members, pension credit benefit members, deferred members or pension credit members at any time if the last statement in respect of the scheme under section 35 before that time states that the trustees' policy is to meet all liabilities (excluding liabilities in respect of any money purchase benefits other than underpin benefits) in respect of pensioner members, pension credit benefit members or, as the case may be, deferred members or pension credit members from investments in gilt-edged securities; and
b
“underpin benefits” means money purchase benefits which, under the provisions of the scheme, will only be provided in respect of a member if their value exceeds the value of other benefits in respect of him under the scheme which are not money purchase benefits.
.
4
In subparagraph (b) of regulation 12(1) (duty to obtain minimum funding valuations where new serious underfunding suspected), after the words “the scheme would meet the minimum funding requirement on or before the” there shall be inserted the words “date 7 days before the”.
5
For paragraph (2) of regulation 16 (periods covered by schedules of contributions), there shall be substituted the following paragraph:
2
Where, on or after 19th March 2002, a schedule of contributions following a minimum funding valuation is certified by virtue of section 58(3)(a) or (c) and —
a
that valuation shows that, on the effective date, the minimum funding requirement was not met; or
b
the minimum funding requirement did not appear to the actuary to be met on the date falling 7 days before the date on which the certificate of the rates of contributions shown in the schedule is signed,
the period referred to in paragraph (1) which applies for the schedule which must be prepared following that valuation by virtue of paragraph (a) or (c) of section 58(3) is extended so as to end with the expiry of the period of 10 years beginning with the date on which the rates of contributions shown in the schedule are certified.
.
6
In regulation 17 (content and certification of schedules of contributions) —
a
in paragraph (1) —
i
after the words “in relation to the scheme” at the end of subparagraph (b), there shall be inserted the words “(excluding the amount of any contributions required by subparagraph (d) below to be shown separately)”;
ii
the word “and” at the end of subparagraph (b) shall be deleted; and
iii
after the word “contributions” at the end of paragraph (c), there shall be added the following:
; and
d
in the case only of a schedule of contributions which is certified on or after 19th March 2002, the due dates and amounts of any payments required by subparagraph (a) of section 60(2) (serious underprovision).
;
b
after paragraph (1) there shall be inserted the following paragraph:
1A
For the purposes of section 58(6), the prescribed date is the date 7 days before the date on which the actuary signs the certificate of the rates of contributions shown in the schedule.
.
c
in paragraph (2)(b) —
i
the words “date he signs the certificate” shall be substituted by the words “date 7 days before the date on which he signs the certificate”; and
ii
the word “is” shall be substituted by the word “was”.
d
in paragraph (3)(b) —
i
the words “date he signs the certificate” shall be substituted by the words “date 7 days before the date on which he signs the certificate”; and
ii
the word “is” shall be substituted by the word “was”.
e
in paragraph (4)(a), the word “additional” shall be inserted between the words “year” and “contributions”.
f
in paragraph (5) —
i
the words “additional payments and contributions” shall be substituted by the words “additional payments and additional contributions”;
ii
the words “the expiry of the period of one year” shall be substituted by the words “the expiry of the period of three years”; and
iii
the words “(extended as mentioned in regulation 20(3) where that regulation applies)” shall be deleted.
7
In regulation 18 (occasional and periodic certification of adequacy of contributions) —
a
at the beginning of paragraph (1), for the word “The” there shall be substituted the words “Subject to paragraphs (1A) and (1B), the”;
b
in subparagraph (b) of paragraph (1), for the words “that valuation” there shall be substituted the words “the last minimum funding valuation”; and
c
after paragraph (1) there shall be inserted the following paragraphs:
1A
Paragraph (1) shall not apply to any scheme the value of whose assets was, or appears to the actuary to have been, not less than 100% of the amount of its liabilities both at the effective date of the last minimum funding valuation obtained by the trustees or managers under section 57 and —
a
in any case where the first schedule of contributions following that valuation was certified before 19th March 2002, at the date on which that schedule was certified; and
b
in any case where the first schedule of contributions following that valuation is certified on or after 19th March 2002, at the date 7 days before the date on which that schedule was certified.
; and
1B
In a case where the trustees or managers of a scheme have obtained a minimum funding valuation since the relevant date of the last certificate under section 58 of the rates of contributions shown in the schedule of contributions, no certificate need be obtained under paragraph (1) in relation to the anniversary of that date.
.
8
In regulation 20 (minimum funding valuations showing serious underprovision) —
a
for the words “Where there has been a serious shortfall valuation for a scheme,” in paragraph (1), there shall be substituted the words “Where, following a serious shortfall valuation for a scheme, a schedule of contributions is certified on or after 19th March 2002,”;
b
the words “subject to paragraph (3),” at the beginning of paragraph (1)(a) shall be deleted and for the words “the period of one year” in that paragraph there shall be substituted the words “the period of three years”; and
c
paragraph (3) shall be deleted.
9
In regulation 21(1) (failure reports), after the words “they shall” following the end of subparagraph (b) there shall be inserted the words “before the end of the period of 3 months beginning with the end of any such period”.
10
In Part I of Schedule 2 (certification of schedules of contributions) —
a
for the words “(minimum funding requirement met on date certificate signed)” in paragraph 1, there shall be substituted the words “(minimum funding requirement met on date 7 days before date certificate signed)”;
b
for the words “(minimum funding requirement not met on date certificate signed)” in paragraph 2, there shall be substituted the words “(minimum funding requirement not met on date 7 days before date certificate signed)”;
c
for paragraph 5 there shall be substituted the following paragraph:
5
If, in a case where there has been a serious shortfall valuation, the actuary is of the opinion that on the date 7 days before the date on which he signs the certificate there was no longer such a difference as is mentioned in section 60(1), he must insert the following statement after paragraph 1 of the certificate —
Cessation of serious shortfall in assets
1A
In my opinion an actuarial valuation for the scheme as at the date 7 days before the date of this certificate would not show a shortfall as is mentioned in section 60(1) of the Pensions Act 1995 (value of scheme assets less than 90 per cent. of amount of scheme liabilities).
; and
d
for paragraph 6 there shall be substituted the following paragraph —
6
If, in a case where there has been a serious shortfall valuation, the actuary is of the opinion that on the date 7 days before the date on which he signs the certificate the difference mentioned in section 60(1) has decreased, he must insert the following statement after paragraph 1 of the certificate —
Decrease in serious shortfall in assets
1A
In my opinion an actuarial valuation for the scheme as at the date 7 days before the date of this certificate would show that the shortfall mentioned in section 60(1) of the Pensions Act 1995 (value of scheme assets less than 90 per cent. of amount of scheme liabilities) has decreased since the last actuarial valuation for the purposes of section 57 and is now .
.
11
In Part II of Schedule 2 (form of actuary’s certificate), for paragraph 1 of the form of actuary’s certificate there shall be substituted the following paragraph:
1
I hereby certify that, in my opinion, the rates of the contributions payable in accordance with the schedule of contributions dated are adequate for the purpose of securing that throughout the period it covers the scheme will meet the minimum funding requirement imposed by section 56(1) of the Pensions Act 1995.
.
12
In Part I of Schedule 3 (certification), for the words in quotation marks in paragraph 5 of the statement mentioned in regulation 12(1) (duty to obtain minimum funding valuations where actuary suspects new serious underfunding), there shall be substituted the following words:
Serious shortfall in assets
3
In my opinion an actuarial valuation for the scheme as at the date 7 days before the date of this certificate would show such a shortfall as is mentioned in section 60(1) of the Pensions Act 1995 (value of scheme assets less than 90 per cent. of amount of scheme liabilities).
.
13
In paragraph 1(1) of Schedule 4 (methods of securing shortfall in cases of serious underprovision , for the words “(or, in a case where section 60(7A) applies, the date the actuary signed the certificate)” where they appear in the definition of “section 60 shortfall”, there shall be substituted the words “(or, in a case where section 60(7A) applies, the date 7 days before the date on which the actuary signs the certificate)”.
Amendment of the Winding Up Regulations
3
1
The Winding Up Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 4(1) (calculation of amounts of liabilities), after the words “Subject to” there shall be inserted the words “regulation 4A and”.
3
After regulation 4 there shall be inserted the following regulation:
Calculation of liabilities where employer not insolvent
4A
1
In the case of a scheme in respect of which the employer was not insolvent at the time the winding up of the scheme commenced, regulation 4 shall have effect as if —
a
for the words “paragraph (3)” in paragraph (1)(c), there were substituted the words “paragraphs (2A) and (3)”;
b
after paragraph (2) there were inserted the following paragraph:
2A
For the purpose of calculating the amount of the liabilities in respect of any entitlement to the payment of any pension or other benefit (including any increase in a pension) that has arisen under the scheme on or before the crystallisation date —
a
it shall be assumed that all such liabilities will be discharged by the purchase of annuities of a kind described in section 74(3)(c); and
b
paragraph (1)(b) above shall not have effect.
; and
c
for paragraph (5), there were substituted the following paragraph:
5
If, when the assets of the scheme are applied in accordance with section 73(2) towards satisfying the liabilities mentioned in paragraph (aa) or (b) of section 73(3) and towards satisfying any liability for an increase to a pension or other benefit to which those paragraphs of that section apply, those liabilities, as calculated in accordance with the rules of the scheme (without any reduction by reason of them falling within a class of liability which is to be satisfied after another class), cannot in the opinion of the actuary be fully satisfied by applying assets of a value equal to the amount of those liabilities calculated in accordance with paragraph (1), then the amount to be taken as the amount of those liabilities for the purposes of section 73(2) shall be increased accordingly.
.
2
For the purposes of paragraph (1) above, an employer is insolvent if a relevant insolvency event within the meaning given by section 75(4) has occurred in relation to that employer.
.
4
In regulation 13(4) (hybrid schemes — calculation of liability for underpin benefits), after the words “that regulation)” there shall be inserted the words “, but regulation 4A shall not apply for that purpose”.
Amendment of the Deficiency Regulations
4
1
The Deficiency Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 3 (calculation of the value of the scheme’s liabilities and assets), for the words “The liabilities” at the beginning of paragraph (1) there shall be substituted the words “Subject to regulation 3A, the liabilities”.
3
After regulation 3 there shall be inserted the following regulation:
Valuation of liabilities where employer not insolvent
3A
1
Where a scheme (including a section of a scheme in relation to which there is more than one employer which is treated as a separate scheme for the purposes of section 75) is being wound up and the employer was not insolvent immediately before the winding up of the scheme commenced, regulation 3 shall have effect as if —
a
in paragraph (1) —
i
at the beginning of subparagraph (a), there were inserted the words “except to the extent that the liabilities are in respect of any entitlement to a pension or other benefit that has arisen under the scheme and in respect of which paragraph (1B) below applies,”;
ii
for the words “paragraphs (2) and (3)” in subparagraph (a), there were substituted the words “paragraphs (2)(a) to (c) and (3)”;
iii
for the words “paragraphs (3) and (4)” in subparagraph (b), there were substituted the words “paragraphs (1B), (3) and (4)”;
iv
for the words “regulations 3(2) and (3)” in subparagraph (c), there were substituted the words “regulations 3(2)(a) to (c) and (3)”; and
v
after the words “and 4 to 8 of the MFR Regulations” in subparagraph (c), there were inserted the words “or as respects paragraphs (1A) and (1B) below”; and
b
after paragraph (1) there were inserted the following paragraphs:
1A
The liabilities of a scheme which are to be taken into account under paragraph (1) above shall include all expenses (except the cost of annuities taken into account by virtue of paragraph (1B) below) which, in the opinion of the trustees or managers of the scheme, are likely to be incurred in connection with the winding up of the scheme.
; and
1B
When calculating the liabilities of the scheme in respect of any entitlement to the payment of any pension or other benefit (including any increase in a pension) that has arisen under the scheme on or before the applicable time, it shall be assumed that all such liabilities will be discharged by the purchase of annuities of a kind described in section 74(3)(c) (discharge of liabilities by insurance — annuity purchase) and, for the purposes of the calculation, the actuary shall estimate the cost of purchasing any such annuities.
.
2
Where a scheme to which regulation 4 (multi-employer schemes) applies (including a section of a scheme in relation to which there is more than one employer which is treated as a separate scheme for the purposes of section 75) is being wound up in circumstances where —
a
an employer in relation to the scheme ceases to employ persons in the description or category of employment to which the scheme relates at a time when there are no other employers in relation to the scheme continuing to employ such persons; and
b
that employer was not insolvent immediately before the winding up commenced,
regulation 3 shall have effect with the modifications set out in paragraph (1)(a) and (b) of this regulation.
3
For the purposes of paragraphs (1) and (2) above, an employer is insolvent if a relevant insolvency event has occurred in relation to that employer.
4
In the Note at the end of the form of certificate set out in Schedule 1 (form of actuary’s certificate), after the word “securing” there shall be inserted the words “all of”.
.
Amendment to section 60(7A) of the Pensions Act 1995
5
Section 60(7A) of the Pensions Act 1995 shall be amended as follows:
a
for the words “on the date he signs the certificate” in paragraph (b), there shall be substituted the words “on the date seven days before the date on which he signs the certificate”;
b
for the word “is” in subparagraph (b)(i) there shall be substituted the word “was”;
c
for the word “has” in subparagraph (b)(ii) there shall be substituted the word “had”; and
d
for the word “is” in subparagraph (b)(ii) there shall be substituted the word “was”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd February 2002


text:
Citation and commencement
1
This Order may be cited as the Income Tax (Prescribed Deposit-takers) Order 2002 and shall come into force on 1st October 2002.
Prescribed deposit-takers
2
1
For the purposes of section 481(2)(f) of the Income and Corporation Taxes Act 1988, a person who is authorised for the purposes of the Financial Services and Markets Act 2000 and whose business consists wholly or mainly of dealing in financial instruments as principal is a class of person prescribed in relation to all relevant deposits.
2
In paragraph (1) above —
“financial instruments” has the same meaning as in section 349(5) and (6) of the Income and Corporation Taxes Act 1988 ;
“relevant deposits” has the same meaning as in section 481(4) of that Act .
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


text:
Citation and interpretation
1
This Order may be cited as the Special Educational Needs and Disability Act 2001 (Commencement No. 5) Order 2002.
2
In this Order, unless the context otherwise requires, references to sections and Schedules are references to sections of and Schedules to the Special Educational Needs and Disability Act 2001.
Appointed days
3
The day appointed for the coming into force of the provisions specified in Part 1 of Schedule 1 of this Order is 1st September 2002.
4
The day appointed for the coming into force of the provisions specified in Part 2 of Schedule 1 of this Order, otherwise than as respects Wales , is 1st September 2002.
5
Subject to article 6, the day appointed for the coming into force of section 28 (Disabled students not to be substantially disadvantaged) is 1st September 2002.
Modifications to the duty imposed by section 28T(1) of the Disability Discrimination Act 1995
6
The duty imposed by section 28T(1) of the Disability Discrimination Act 1995 , including that duty as modified for the purposes of section 28U by paragraphs 2 and 6 of Schedule 4C of the Disability Discrimination Act 1995, shall have effect with the modifications specified in Schedule 2 of this Order for the period which ends on the date specified in that Schedule in relation to each modification.
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
28th August 2002


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Co-ordination of Admission Arrangements) (Primary Schools) (England) Regulations 2002 and shall come into force on 20th January 2003.
2
These Regulations apply only in relation to the arrangements under which pupils are to be admitted to primary schools in an authority’s area in England in the academic year 2005-06 and any subsequent year.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“application”, in relation to arrangements made by a local education authority under section 86(1) of the 1998 Act, means a parent’s expression of a preference as to the school at which he wishes primary education to be provided for his child in the exercise of the authority’s functions;
“authority”, in relation to co-ordinated arrangements for admission, means the local education authority formulating a qualifying scheme with a view to securing its adoption by that authority and each governing body who are the admission authority for a primary school in their area or, as the case may be, for whose area an imposed scheme relating to primary schools has been, or is to be, made;
“imposed scheme” means a scheme for co-ordinating the arrangements for the admission of pupils to primary schools made by the Secretary of State under section 89B(2) of the 1998 Act;
“qualifying scheme” means a scheme for co-ordinating the arrangements for the admission of pupils to primary schools in a local education authority’s area formulated by an authority pursuant to section 89B(1)(a) of the 1998 Act and these Regulations;
“school” means a community, foundation or voluntary school;
“the determination year” relating to any academic year means the year preceding the year in which the academic year commences;
“the initial year” means the academic year 2005-06.
2
Where an application for the admission of a child to a relevant age group at a primary school is submitted later than the date stipulated by a qualifying scheme (or, as the case may be, an imposed scheme), it shall still be considered to have been submitted in the course of a normal admission round if —
a
the relevant admission authority for the school determine, in accordance with the school’s admission arrangements, the order of priority in which the application is ranked; and
b
a determination relating to the application is made by an authority on or before the date designated by them in accordance with the provisions of regulation 7.
Formulation of a qualifying scheme
3
1
Subject to paragraphs (2) and (3), in relation to each academic year to which these Regulations apply, an authority shall formulate a qualifying scheme relating to each primary school in their area.
2
A qualifying scheme shall comply with the requirements specified in the Schedule.
3
The duty in paragraph (1) to formulate a scheme shall not apply where —
a
a qualifying scheme has been adopted in relation to an academic year by the authority and each governing body who are the admission authority for a primary school in their area, and after reviewing the scheme the authority consider that it should again be adopted by themselves and each of those governing bodies in relation to the academic year immediately following; or
b
an imposed scheme has been made and has not since been varied or revoked under section 89C(7) of the 1998 Act.
Action to be taken by a local education authority to secure adoption of a qualifying scheme
4
1
This regulation prescribes for the purposes of section 89B(1)(b) of the 1998 Act the action to be taken by an authority with a view to securing the adoption of a qualifying scheme by themselves and each governing body who are the admission authority for a primary school in their area.
2
Subject to paragraphs (3) and (4), an authority shall formulate a qualifying scheme —
a
no later than 1st January 2004 in relation to the initial year; and
b
no later than 1st January in the determination year relating to any subsequent academic year.
3
The authority shall refer a qualifying scheme which they propose should be adopted in their area to any Admission Forum established for that area under section 85A of the 1998 Act and shall have regard to any advice or recommendations of the Forum.
4
After taking the action required by paragraph (3), the authority shall consult the following about any proposed qualifying scheme, namely —
a
each governing body of a primary school in their area whom the authority propose should adopt the qualifying scheme; and
b
any other local education authority as the authority may determine.
5
The consultation pursuant to paragraph (4)(b) shall be undertaken with a view in particular to securing that the arrangements for the admission of pupils to primary schools in the areas of different local education authorities are, so far as is reasonably practicable, compatible with each other.
6
The duty to consult in paragraph (4) shall apply notwithstanding that no Admission Forum may have been established for an authority’s area.
7
Once the authority have carried out any consultation required under this regulation they shall determine the qualifying scheme (either in its original form or with such modifications as the authority think fit) which they propose should apply for the academic year in question and shall take all reasonable steps to secure its adoption by themselves and each governing body they consulted.
Information to be provided to Secretary of State
5
Where, following the action required to be taken under regulation 4, an authority secure agreement to the adoption of a qualifying scheme, they shall inform the Secretary of State accordingly and provide the Secretary of State with a copy of the scheme.
Making of a scheme by the Secretary of State
6
1
Subject to section 89C(6) of the 1998 Act, in any case where by —
a
15th April 2004 in relation to the initial year, or
b
15th April in the determination year relating to any subsequent academic year,
an authority have not informed the Secretary of State in accordance with regulation 5 that a qualifying scheme has been adopted in relation to each primary school in their area, an imposed scheme may be made.
2
An imposed scheme shall make provision corresponding to the requirements of a qualifying scheme and the provision specified in regulation 7(4).
Date on which decisions are to be communicated to parents
7
1
Subject to paragraphs (3), (4) and (5), an authority shall designate, in accordance with section 89B(5)(a) of the 1998 Act, the single day in each year on which the authority’s determination in accordance with the provisions of a qualifying scheme to offer or refuse a child admission to a primary school in their area shall be communicated to a parent.
2
Paragraph (3) shall apply in any case where, in accordance with the scheme in question, children may be admitted to a relevant age group at a primary school pursuant to more than one normal admission round.
3
Where this paragraph applies an authority shall designate, in relation to each additional normal admission round, the single day on which a determination referred to in paragraph (1) is to be communicated to a parent.
4
An imposed scheme shall, in relation to each normal admission round for which the scheme makes provision, require the authority’s determination in accordance with the provisions of the scheme to offer or refuse a child admission to a primary school in their area to be communicated to a parent on a single day as specified in the scheme.
5
This regulation shall not apply to applications made otherwise than in the course of a normal admission round.
Sections 496 and 497 of the Education Act 1996
8
Sections 496 and 497 of the 1996 Act shall apply to an authority or a governing body as if any of the obligations imposed on them under a qualifying scheme or an imposed scheme were duties imposed on them under that Act.
David Miliband
Minister of State
Department for Education and Skills
18th November 2002


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


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Torbay (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 —
“borough” means the borough of Torbay;
“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 of the Borough of Torbay (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 the Torbay Borough Council.
Wards of the Borough of Torbay
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in 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
Torbay Borough Council shall make a print of the map marked “Map of the Borough of Torbay (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 borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The Borough of Torbay (Electoral Arrangements) Order 1979 is revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
11th July 2002
Glyn Mathias
Commissioner
11th July 2002
Neil McIntosh
Commissioner
11th July 2002
Karamjit Singh
Commissioner
11th July 2002
Sam Younger
Commissioner
11th July 2002
Graham Zellick
Commissioner
11th July 2002


text:
Citation and commencement
1
This Order may be cited as the Rotherham Priority Health Services National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
Dissolution of NHS trusts
2
The Rotherham Priority Health Services National Health Service Trust is dissolved and accordingly the Rotherham Priority Health Services National Health Service Trust (Establishment) Order 1992 is revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
21st March 2002


text:
1
1
This Order may be cited as the Drug Trafficking Act 1994 (Designated Countries and Territories) (Amendment) (No. 2) Order 2002, and shall come into force on 23rd December 2002.
2
This Order extends to England and Wales only.
2
There shall be inserted in Schedule 1 to the Drug Trafficking Act 1994 (Designated Countries and Territories) Order 1996 (designation of countries and territories for the purposes of sections 39 and 40 of the Drug Trafficking Act 1994), at the appropriate place in alphabetical order, the territory specified in the Schedule to this Order.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2002 and shall come into force on 6th August 2002.
2
In this Order “the 1985 Act ” means the Housing Act 1985.
Designated rural areas
2
1
The areas specified in the Schedule to this Order are designated as rural areas for the purposes of section 157 of the 1985 Act.
Designated region
3
In relation to a dwelling-house which is situated in a rural area designated by article 2 of this Order, the designated region for the purposes of section 157(3) of the 1985 Act shall be the Borough of Ribble Valley.
Signed by authority of the First Secretary of State.
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
3rd July 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2002 and shall come into force on 31st March 2002.
2
These Regulations only extend to Northern Ireland in so far as they relate to importation.
Interpretation
2
1
In these Regulations —
“the 1974 Act ” means the Health and Safety at Work Act 1974 ;
“the 1979 Act ” means the Customs and Excise Management Act 1979 ;
“the commencement date” means the date on which these Regulations come into force;
“authorised officer” means an individual authorised by a local authority, the Environment Agency, or SEPA for any purpose of regulation 9;
“authorised person” means a person authorised by the Secretary of State for any purpose of these Regulations;
“customs officer” means an officer within the meaning of the 1979 Act ;
“health and safety inspector” means an inspector appointed under section 19 of the 1974 Act;
“local authority” —
in relation to England, means a county council, a district council or a London borough council;
in relation to Wales, means a county council or a county borough council; and
in relation to Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
“the principal Regulation ” means Council Regulation ( EC ) No. 2037/2000 on substances that deplete the ozone layer, as amended by Council Regulations (EC) Nos. 2038/2000 and 2039/2000 .
2
Unless the context indicates otherwise —
a
expressions used in these Regulations and in the principal Regulation have the same meaning in these Regulations as they have in that Regulation; and
b
any reference in these Regulations to a numbered Article is a reference to the Article bearing that number in the principal Regulation.
3
For the purposes of the Scotland Act 1998, these Regulations shall be taken to be a pre-commencement enactment within the meaning of that Act.
The competent authority
3
The Secretary of State shall be the competent authority for the purposes of the principal Regulation in its application to England, Wales and Scotland and, in relation to importation, also in its application to Northern Ireland.
Direction
4
The Secretary of State directs that any prohibition on importation into the United Kingdom imposed by Article 4(6) or 5(4) shall be treated as imposed under section 140(1)(a) of the Environmental Protection Act 1990 and the power conferred on her by regulation 8 shall be exercisable accordingly.
Prohibitions and restrictions on importation, landing and unloading
5
1
The importation —
a
for release for free circulation in the Community, of any controlled substance; or
b
for inward processing, of a controlled substance listed in any of Groups VI to VIII in Annex I to the Principal Regulation ,
is prohibited unless a licence permitting its importation has been issued by the Commission under paragraph (1) of Article 6 (licences to import from third countries).
2
The importation of —
a
a controlled substance whose release for free circulation in the Community or inward processing would constitute a contravention of Article 8 (imports of controlled substances from a State not party to the Protocol) ; or
b
a new substance whose release for free circulation in the Community or inward processing would constitute a contravention of Article 22 (new substances),
is prohibited.
3
The importation of a product or equipment whose release for free circulation in the Community would constitute a contravention of Article 9 (imports of products containing controlled substances from a State not party to the Protocol) is prohibited.
4
Section 50 of the 1979 Act shall have effect in relation to the landing or unloading of any controlled substance, new substance, product or equipment imported in contravention of any of paragraphs (1) to (3) above or Article 4(6) or 5(4), but proceedings under that section shall not be taken in relation to any authorised officer or authorised person who is exercising any of the powers prescribed in regulation 9 for the purpose of carrying these Regulations into effect.
Duty with respect to Articles 16 and 17
6
It shall be the duty of any person having control of the controlled substances mentioned in Articles 16 (recovery of used controlled substances) and 17 (leakages of controlled substances) to comply with those provisions.
Proof of lawful import or export
7
1
Where any controlled substance, new substance, product or equipment is being imported or exported, or has been imported or brought to any place for the purpose of being exported, a customs officer may require any person possessing or having control of that substance, product or equipment to furnish, within such reasonable period as he may specify, proof that its importation or exportation is, or was not, unlawful by virtue of the Principal Regulation.
2
Until such proof is furnished to the satisfaction of the officer, the substance, product or equipment may be detained.
3
If such proof is not furnished to the satisfaction of the officer within the specified period, the substance, product or equipment shall be liable to forfeiture and the 1979 Act shall apply in relation to it, as if it were liable to forfeiture under that Act.
Powers of the Secretary of State
8
The Secretary of State may require a person who has imported, landed or unloaded a controlled substance, a new substance, a product or equipment in contravention of regulation 5, or imported equipment in contravention of Article 4(6) or 5(4) —
a
to dispose of it without causing pollution of the environment or harm to human health or to the health of animals or plants or otherwise render it harmless, or
b
to remove it from England, Wales and Scotland and, if it was imported, also from Northern Ireland,
and such a person shall comply with that requirement.
Powers of authorised officers and authorised persons
9
1
An authorised officer or an authorised person may, on production (if so required) of his authority, exercise any of the powers specified in paragraph (2) for the purpose of carrying into effect these Regulations other than regulation 6, in so far as that regulation relates to Article 17(1) and (2).
2
The powers referred to in paragraph (1) are —
a
at any reasonable time to enter premises, other than premises used wholly or mainly for residential purposes, which he has reason to believe it is necessary for him to enter;
b
on entering any premises by virtue of sub-paragraph (a) to take with him —
i
any other person whose presence appears to him to be required in connection with the exercise by him of any power under this regulation, including, if he has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
ii
any equipment or materials required for any purpose for which the power of entry is being exercised;
c
to make such examination and investigation as may in any circumstances be necessary;
d
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything in them, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under sub-paragraph (c);
e
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under sub-paragraph (c);
f
to take samples of any articles or substances found in or on any premises which he has power to enter;
g
in the case of any article or substance found in or on any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause pollution of the environment or harm to human health or to the health of animals or plants, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is necessary);
h
in the case of any such article or substance as is mentioned in sub-paragraph (g), to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
i
to examine it and do to it anything which he has power to do under that sub-paragraph;
ii
to ensure that it is not tampered with before his examination of it is completed;
iii
to ensure that it is available for use as evidence in any proceedings for an offence under regulation 11;
i
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under sub-paragraph (c) to answer (in the absence of anyone, other than someone nominated by that person to be present and anyone whom the authorised officer or authorised person may allow to be present) such questions as the authorised officer or authorised person thinks fit to ask and to sign a declaration of the truth of his answers;
j
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which it is necessary for him to see for the purposes of any examination or investigation under sub-paragraph (c) and to inspect and take copies of, or of any entry in, the records;
k
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the authorised officer or authorised person to exercise any of the powers conferred on him by this regulation.
3
Where an authorised officer or authorised person proposes to exercise the power conferred by paragraph (2)(g) in the case of an article or substance found in or on any premises, he shall, if so requested by a person who at the time is present on and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person.
4
Before exercising the power conferred by paragraph (2)(g) in the case of any article or substance, an authorised officer or authorised person shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under the power.
5
Where under the power conferred by paragraph (2)(h) an authorised officer or authorised person takes possession of any article or substance found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an authorised officer or authorised person shall, if it is practical for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
6
No answer given by a person in pursuance of a requirement imposed under paragraph (2)(i) shall be admissible in evidence in England, Wales and Scotland or in Northern Ireland against that person in any proceedings.
7
Nothing in this regulation shall be taken to compel the production by any person of a document which he would —
a
be entitled to withhold production of on grounds of legal professional privilege on an order for disclosure and inspection in an action in the High Court, or
b
be entitled to withhold production of on the grounds of confidentiality in proceedings in the Court of Session in Scotland.
8
No person shall —
a
intentionally prevent any other person from appearing before an authorised officer or authorised person under paragraph (2)(i) or from answering any question to which an authorised officer or authorised person may by virtue of paragraph (2)(i) require an answer;
b
intentionally obstruct an authorised officer or authorised person in the exercise or performance of his powers or duties; or
c
falsely pretend to be an authorised officer or authorised person.
Enforcement of Article 4(1) to (3) and 5(1) and regulation 6, in so far as that regulation relates to Article 17(1) and (2)
10
Sections 18 to 26 of the 1974 Act and regulations made under section 18 of that Act shall apply to any requirement or prohibition imposed on any person by Article 4(1) to (3) or 5(1) and regulation 6, in so far as that regulation relates to Article 17(1) and (2), as if the requirement or prohibition were imposed by regulations made under section 15 of that Act.
Offences
11
1
The Schedule to these Regulations (which creates offences for contravention of the principal Regulation, and makes other, related provision) shall have effect.
2
Any person who knowingly supplies information that is false in a material particular for the purpose of obtaining from the Commission —
a
a licence under Article 6(1); or
b
an authorisation under Article 12(1),
commits an offence.
3
Any person who fails to discharge a duty to which he is subject by virtue of regulation 6 commits an offence.
4
Any person who fails to comply with regulation 8 or causes or permits another person to fail to comply with that regulation commits an offence.
5
Any person who —
a
without reasonable excuse fails to comply with any requirement imposed under regulation 9(2), or
b
makes a statement which he knows to be false or misleading in a material particular, where the statement is made in purported compliance with a requirement to furnish information imposed under regulation 9(2)(i),
commits an offence.
6
Any person who contravenes, or causes or permits another person to contravene, regulation 9(8) commits an offence.
7
Where a health and safety inspector, under sections 20 and 21 of the 1974 Act, exercises his powers for the purposes of enforcing Article 4(1) to (3) or 5(1) and regulation 6, in so far as that regulation relates to Article 17(1) and (2), any person who —
a
fails to comply with an improvement notice served under section 21 of the 1974 Act including any such notice as modified on appeal,
b
without reasonable excuse fails to comply with any requirement imposed under section 20 of the 1974 Act,
c
intentionally prevents any other person from appearing before or from answering any question to which a health and safety inspector, by virtue of section 20 of the 1974 Act, may require an answer, or
d
intentionally obstructs a health and safety inspector in the exercise or performance of his powers or duties under section 20 of the 1974 Act.
commits an offence.
Offence by corporations etc.
12
1
Where an offence under regulation 11 (including any offence specified in the Schedule) which has been committed by a body corporate or a partnership in Scotland is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any other person purporting to act in any such capacity (or in the case of a partnership in Scotland, a partner or a person who was purporting to act as such), he, as well as the body corporate or the partnership in Scotland, shall be guilty of that offence and shall 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 or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Penalties
13
A person who —
a
commits an offence under any provision specified in the Schedule or under regulation 11(2) to (4), (5)(b) or (7)(a) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to a fine;
b
commits an offence under regulation 11(5)(a), (6) or (7)(b) to (d) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale.
Revocation of Regulations
14
The Environmental Protection (Non-Refillable Refrigerant Containers) Regulations 1994 and the Environmental Protection (Controls on Substances that Deplete the Ozone Layer) Regulations 1996 are hereby revoked.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
8th March 2002


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


text:
1
This Order may be cited as the Commission Areas (West Mercia) Order 2002 and shall come into force on 21st June 2002.
2
In this Order —
“area” means a commission area including any part of the West Mercia magistrates' courts committee area;
“abolished area” means an area abolished by article 3(a) below;
“new area” means the area constituted by article 3(b) below;
any reference to a justice for an area shall be construed as a reference to a person who holds the commission of the peace for that area.
3
In Part 1 of the Schedule to the Justices of the Peace (Commission Areas) Order 1999 :
a
the entries for Hereford and Worcester and Shropshire shall be omitted;
b
after the entry for Warwickshire there shall be inserted the following new entry:
Name of commission area Extent of commission area
West Mercia The area of West Mercia MCC
4
Every person who immediately before 21st June 2002 holds office as a justice of the peace for an abolished area shall on and after that date hold office as a justice of the peace for the new area, and the commissions for the peace for the abolished areas shall accordingly have effect as commissions of the peace for the new area until such time as a commission of the peace for that area is granted.
Signed by the authority of the Lord Chancellor
Michael Wills
Parliamentary Secretary
Lord Chancellor’s Department
27th May 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Health Service (General Ophthalmic Services) Amendment Regulations 2002 and shall come into force on 9th April 2002.
2
These Regulations extend to England only.
Amendment of the National Health Service (General Ophthalmic Services) Regulations 1986
2
The National Health Service (General Ophthalmic Services) Regulations 1986 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 7A
3
Regulation 7A (grounds for refusal) shall be amended as follows —
a
for paragraph (1)(c) substitute —
c
that having contacted the referees nominated by the ophthalmic medical practitioner or optician in accordance with paragraph 9 of Schedule 1A, the Health Authority is not satisfied with the references given;
b
in paragraph (1)(d) for “Services” substitute “Service”;
c
in paragraph (2)(e) for “7D(13)” substitute “7D(11)”;
d
in paragraph (3)(g) for the words from “what the facts were” to the end, substitute —
the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;
;
e
in paragraph (3)(h) —
i
after “included” insert “in”,
ii
for “or is currently suspended from such lists” to the end, substitute —
and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action; and
; and
f
after paragraph (3)(h) add —
i
whether he is at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.
.
Amendment of regulation 7B
4
In regulation 7B (deferment of decision) —
a
in paragraph (1)(a) for the words from “legal proceedings” to “in the United Kingdom” substitute —
proceedings in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,
;
b
in paragraph (1)(b) for the words from “legal proceedings” to “in the United Kingdom” substitute —
proceedings against a body corporate of which the ophthalmic medical practitioner or optician is, has in the preceding six months been, or was at the time of the originating events a director, in respect of conduct which, if it had occurred in the United Kingdom, would constitute a criminal offence,
;
c
in paragraph (1)(c) for “successful” substitute “adverse”;
d
for paragraph (1)(f) substitute —
f
where the FHSAA is considering an appeal by the ophthalmic medical practitioner or optician against a decision of a Health Authority to refuse to admit him to its list, or to conditionally include him in or to remove or contingently remove him from any list kept by a Health Authority, and if that appeal is successful the Health Authority would be likely to remove the ophthalmic medical practitioner or optician from the Health Authority list if he had been included;
e
for paragraph (1)(g) substitute —
g
where the FHSAA is considering an appeal by a body corporate of which the practitioner is, has in the preceding six months been, or was at the time of the originating events a director, against a decision of a Health Authority to refuse to admit the body corporate to its list, or to conditionally include it in or to remove or contingently remove it from any list kept by a Health Authority or equivalent body, and if that appeal is unsuccessful the Health Authority would be likely to remove the practitioner from the list if he had been included
;
f
in paragraph (1)(k) omit “ophthalmic medical practitioner or optician or a”; and
g
in paragraph (4) for “shall notify the ophthalmic medical practitioner or optician” to the end, substitute —
shall notify the ophthalmic medical practitioner or optician in writing that he must —
update his application within 28 days of the date of the notification (or such longer period as the Health Authority may agree);
confirm in writing within the period mentioned in sub-paragraph (a) that he wishes to proceed with his application.
.
Amendment of regulation 7D
5
In regulation 7D (conditional inclusion) —
a
in paragraph (15)(b) —
i
omit “on any of its lists”,
ii
after “is a director,” insert “on any of its lists”;
b
for paragraph (16) substitute —
16
The Health Authority shall notify any person or body of the information specified in paragraph (14) if that person or body can establish that it is considering employing the ophthalmic medical practitioner or optician in a professional capacity and the Health Authority receives a written request (including an electronic request) from that person or body to do so.
; and
c
at the end of paragraph (17) add “relating to that information”.
Amendment of regulation 8
6
In regulation 8 (withdrawal from ophthalmic list) —
a
in paragraph (2A) after “contingently remove” insert “him”; and
b
in paragraph (2B) for “the ophthalmic medical practitioner” substitute “an ophthalmic medical practitioner”.
Amendment of regulation 9B
7
Regulation 9B (criteria for decisions on removal) shall be amended as follows —
a
in paragraph (1) for “paragraph 6” substitute “paragraph 7”;
b
in paragraph (2)(g) —
i
after “included” insert “in”,
ii
for “what the facts were” to the end, substitute —
the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;
;
c
in paragraph (2)(h) —
i
after “included” insert “in”,
ii
for “or is currently suspended from such lists” to the end, substitute —
and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action; and
;
d
after paragraph (2)(h) add —
i
whether he is at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.
;
e
in paragraph (3) for “paragraph 6” substitute “paragraph 7”;
f
for paragraph (4)(b) substitute —
the length of time since the last incident of fraud occurred, and since any investigation into that incident of fraud was concluded;
;
g
in paragraph (4)(e) for “the investigation” substitute “any investigation into the incident of fraud”;
h
in paragraph (4)(f) —
i
after “included” insert “in”,
ii
for “what the facts were” to the end, substitute —
the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;
;
i
in paragraph (4)(g) —
i
after “included” insert “in”,
ii
for “or is currently suspended from such lists” to the end, substitute —
and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action; and
;
j
after paragraph (4)(g) add —
h
whether he is at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.
;
k
in paragraph (5) for “paragraph 6” substitute “paragraph 7”;
l
in paragraph (6)(a) for “it” substitute “any incident”;
m
for paragraph (6)(b) substitute —
b
the length of time since the last such incident occurred, and since any investigation into that incident was concluded;
;
n
in paragraph (6)(d) for “the incident” substitute “any incident”;
o
in paragraph (6)(g) —
i
after “included” insert “in”,
ii
for “what the facts were” to the end, substitute —
the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action;
;
p
in paragraph (6)(h) —
i
after “included” insert “in”,
ii
for “or is currently suspended from such lists” to the end, substitute —
and if so, the facts relating to the matter which led to such action and the reasons given by the Health Authority or equivalent body for such action; and
;
q
after paragraph (6)(h) add —
i
whether he is at the time, has in the preceding six months been, or was at the time of the originating events, a director of a body corporate which is currently suspended from such a list, and if so, the facts relating to the matter which led to the suspension and the reasons given by the Health Authority or equivalent body for the suspension.
.
Amendment of regulation 9D
8
In Regulation 9D (notifications by Health Authorities) —
a
in paragraph (1), for “it shall notify the persons or bodies” to the end, substitute “it shall notify the persons and bodies specified in paragraph (2), and shall additionally notify those specified in paragraph (3) if so requested by those persons or bodies in writing (including electronically), of the matters set out in paragraph (4).” and
b
for paragraph (3) substitute —
3
The persons or bodies who shall be additionally notified in accordance with paragraph (1) are persons or bodies that can establish that they are considering employing the ophthalmic medical practitioner or optician in a professional capacity.
.
Amendment of regulation 9E
9
In regulation 9E (procedure on removal) —
a
in paragraph (1)(a), for “regulation 7C” substitute “regulation 9C”; and
b
in paragraph (3)(c), omit “calendar”.
Amendment of regulation 9G
10
In regulation 9G (procedure on review of Health Authority decision) —
a
in paragraph (1)(c), omit “calendar”;
b
omit paragraph (1)(e);
c
in paragraph (2), omit “, and notifying the ophthalmic medical practitioner or optician of its decision and the reasons for it”; and
d
omit paragraph (3).
Amendment of regulation 12A
11
In paragraph (5) of regulation 12A, for “doctor” substitute “ophthalmic medical practitioner or optician”.
Amendment of regulation 13
12
In regulation 13(2)(c) and (2)(g) (sight tests-eligibility) for “£71.00” on each occasion it occurs, substitute “£72.20”.
Amendment of Schedule 1
13
In paragraph 6A of Schedule 1 (terms of service) —
a
in sub-paragraph (1)(g) omit “, where the outcome was adverse”;
b
in sub-paragraph (3) omit from “by them” to the end; and
c
for sub-paragraph (5)(b) substitute —
b
is convicted elsewhere of an offence, or what would constitute a criminal offence if committed in England and Wales, or is subject to a penalty which is the equivalent of being bound over or cautioned;
.
Amendment of Schedule 2
14
1
Schedule 2 (information and undertakings) shall be renumbered Schedule 1A and in paragraph 7 of that Schedule —
a
in sub-paragraph (a)(v), for “has not” substitute “have not”;
b
in sub-paragraph (a)(ix), omit “where the outcome was adverse.”
c
in sub-paragraph (a)(x) for “Services” substitute “Service”;
d
in sub-paragraph (b)(ii) for “will be” substitute “is”.
e
in sub-paragraph (b)(iii), for “has not” substitute “have not”; and
f
for sub-paragraph (b)(vi), substitute —
vi
it is to his knowledge, or has been where the outcome was adverse, subject to any investigation by the National Health Service Counter Fraud Service in relation to a fraud case,
.
2
In regulations 7, 7A and 9B, for “Schedule 2” wherever it appears substitute “Schedule 1A”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
19th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2002 and shall come into force on 12th August 2002, but shall have effect, where appropriate, from the dates specified in this Order.
2
In this Order “ the Act ” means the Superannuation Act 1972.
Employments
2
The following shall be included among the kinds of employment to which a scheme under Section 1 of the Act can apply:
a
employment by the Arts and Humanities Research Board, with effect from 1st August 2001,
b
employment by SITPRO Limited, with effect from 1st April 2001,
c
employment by the National Criminal Intelligence Service Authority, with effect from 1st April 2002,
d
employment by the National Crime Squad Service Authority, with effect from 1st April 2002,
e
employment by the Sector Skills Development Agency, with effect from 1st April 2002,
and accordingly, Schedule 1 to the Act is amended by inserting at the appropriate place in the list of “Other Bodies”, the entries —
“the Arts and Humanities Research Board.”
“SITPRO Limited.”
“the National Criminal Intelligence Service Authority.”
“the National Crime Squad Service Authority.”
“the Sector Skills Development Agency.”
Offices
3
The following office shall be included among the offices to which a scheme under section 1 of the Act can apply:
the Chairman of the Forestry Commission, with effect from 1st December 2001
and accordingly Schedule 1 to the Act is amended by inserting at the appropriate place in the list of “Offices”, the entry —
“the Chairman of the Forestry Commission.”
Removal from Schedule 1
1
The following entry is hereby removed from Schedule 1 to the Act:
in the list of “Other Bodies”, the entry —
“the Local Government Commission.”
Douglas Alexander
22nd July 2002


text:
Title and commencement
1
These Regulations may be cited as the Nitrate Sensitive Areas (Amendment) Regulations 2002 and shall come into force on 10th April 2002.
Interpretation
2
In these Regulations “the principal Regulations ” means the Nitrate Sensitive Areas Regulations 1994 .
Amendment of the principal Regulations
3
Schedule 6 to the principal Regulations shall be amended, by the substitution —
a
in column 2 of paragraph 1 (Option A of the Basic Scheme), of “£65” for “£80”;
b
in column 2 of paragraph 3 (Option A of the Premium Arable Scheme), of “£410” for “£450”;
c
in column 2 of paragraph 4 (Option B of the Premium Arable Scheme), of “£500” for “£525”;
d
in column 2 of paragraph 6 (Option D of the Premium Arable Scheme), of “£325” for “£340”; and
e
in paragraph 6B (the Set-Aside Option of the Premium Arable Scheme), of “£276” for “£356”.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
18th March 2002