type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Kent Coastal 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 Kent Coastal 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 Kent Coastal 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 and commencement and interpretation
1
1
This Order may be cited as the Sunderland Teaching Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Sunderland Teaching Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the Sunderland Teaching 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, 6 officer members and 6 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
3 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 Sunderland 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 Priority Healthcare Wearside National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
1
These Regulations may be cited as the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.
2
The Education (Grants for Disabled Postgraduate Students) Regulations 2000 shall be amended in accordance with these Regulations.
3
In regulation 9(2) for “£5,120” substitute “5,245”.
4
These Regulations shall not have effect in relation to an academic year (as defined in regulation 2(6) of the Education (Grants for Disabled Postgraduate Students) Regulations 2000) which begins before 1st September 2002.
David Miliband
Minister of State,
Department for Education and Skills
8th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Sandwell 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 Sandwell Health Authority ;
“the new Trust” means the Sandwell 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 on 5th December 2001 and on behalf of the new Trust on 19th and 20th December 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:
Title, extent and commencement
1
1
These Regulations may be cited as the Food for Particular Nutritional Uses (Addition of Substances for Specific Nutritional Purposes) (England) Regulations 2002 and extend to England only.
2
Regulations 1, 5 and 10, and regulations 2 and 6 to 9 in so far as they relate to regulation 5, come into force on 5th August 2002.
3
The remainder of these Regulations comes into force —
a
on 5th August 2002 in relation to an L-tryptophan food; and
b
in any other case on 1st April 2004.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“designated PNU food” means any PNU food other than infant formulae, follow-on formulae, processed cereal-based foods and baby foods intended for infants and young children;
“Directive 89/398” means Council Directive 89/398/ EEC on the approximation of the laws of the Member States relating to foodstuffs intended for particular nutritional uses, as amended by Directive 1999/41/EC of the European Parliament and of the Council ;
“Directive 2001/15” means Commission Directive 2001/15/EC (as corrected ) on substances that may be added for specific nutritional purposes in foods for particular nutritional uses;
“food authority” does not include —
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“L-tryptophan food” means any designated PNU food being a food to which L-tryptophan, or any of its sodium, potassium, calcium or magnesium salts or its hydrochloride, has been added for a specific nutritional purpose;
“PNU food” means a food for a particular nutritional use which —
owing to its special composition or process of manufacture, is clearly distinguishable from food intended for normal consumption, and
is sold in such a way as to indicate its suitability for its claimed particular nutritional purpose;
“particular nutritional use” means the fulfilment of the particular nutritional requirements of —
certain categories of persons whose digestive processes are, or whose metabolism is, disturbed, or
certain categories of person whose physiological condition renders them able to obtain a special benefit from the controlled consumption of any substance in food, or
infants or young children in good health; and
“sell” includes possess for sale and offer, expose or advertise for sale.
2
Other expressions used both in these Regulations and in Directive 89/398 or 2001/15 have the same meaning in these Regulations as they have in the Directive concerned.
Restrictions on sale
3
1
No person shall sell any designated PNU food being a food to which a substance falling within one of the categories mentioned in paragraph (2) has been added for a specific nutritional purpose unless that substance —
a
is listed under that category —
i
in the case of any food for special medical purposes, in Schedule 1 or 2; and
ii
in any other case, in Schedule 1; and
b
complies with the relevant purity criteria referred to in paragraph (3).
2
For the purposes of paragraph (1), the categories are —
a
vitamins,
b
minerals,
c
amino acids,
d
carnitine and taurine,
e
nucleotides, and
f
choline and inositol.
3
The relevant purity criteria for the purposes of paragraph (1)(b) are —
a
the purity criteria, if any, specified by Community legislation for the use of the substance in question in the manufacture of food for purposes other than those covered by Directive 2001/15, or
b
in the absence of such purity criteria, generally acceptable purity criteria for the substance in question recommended by international bodies.
4
No person shall sell any designated PNU food in the manufacture of which any substance has been used for a specific nutritional purpose unless that food —
a
is safe when used in accordance with the manufacturer’s instructions (if any); and
b
fulfils the particular nutritional requirements of the persons for whom it is intended,
as established by generally accepted scientific data.
Verification of regulation 3(4)
4
The manufacturer or, as the case may be, the importer of a designated PNU food in the manufacture of which a substance has been used for a specific nutritional purpose shall supply to the Food Standards Agency on request —
a
a copy of the scientific work and data establishing that the use of that substance in the manufacture of that food results in a food which meets the criteria in regulation 3(4), or
b
if such work and data are contained in a publication which is readily available, a reference to that publication.
Notification requirement
5
1
Subject to paragraph (2), the manufacturer or, where appropriate, the importer of any notifiable food shall not sell any such food unless at least 3 months before placing food of that particular type on the market in England for the first time he notified the Food Standards Agency in writing by forwarding to it a model of the label to be used for that food and details of the composition of the food.
2
Paragraph (1) shall not apply if the manufacturer or, where appropriate, the importer has already notified the Food Standards Agency before placing food of that particular type on the market elsewhere in the United Kingdom for the first time in accordance with an equivalent provision having effect there.
3
In this regulation “notifiable food” means any L-tryptophan food which is —
a
intended for use in energy-restricted diets for weight reduction;
b
intended to meet the expenditure of intense muscular effort, especially for sportsmen; or
c
for persons suffering from carbohydrate-metabolism disorders (diabetes).
Enforcement
6
Each food authority shall enforce and execute these Regulations in its area.
Offences and penalties
7
If any person —
a
contravenes regulation 3(1) or (4), or
b
without reasonable excuse contravenes regulation 4 or 5(1),
he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence in relation to exports
8
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that the food in respect of which the offence is alleged to have been committed was intended for export to a country (other than a member State) which has legislation analogous to these Regulations and that the food complies with that legislation.
Application of various provisions of the Act
9
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (g) above;
i
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (g) above;
j
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (h) above;
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
Amendment of the Tryptophan in Food Regulations 1990
10
1
The Tryptophan in Food Regulations 1990 shall be amended (in so far as they extend to England) in accordance with paragraph (2).
2
In regulation 2 (prohibition on sale, etc. of food containing tryptophan) —
a
in paragraphs (1) and (2) for the words “Subject to paragraph (4)” there shall be substituted the words “Subject to paragraphs (4) and (4A)”;
b
in paragraph (3) there shall be inserted at the beginning the words “Subject to paragraph (4A) of this regulation,”;
c
after paragraph (4) there shall be inserted the following paragraph —
4A
Paragraphs (1) to (3) of this regulation shall not apply in respect of —
a
laevorotatory tryptophan added to any infant formula or follow-on formula;
b
laevorotatory tryptophan added to any processed cereal-based food or baby food; or
c
laevorotatory tryptophan, its sodium, potassium, calcium or magnesium salts or its hydrochloride, added to any designated PNU food for a specific nutritional purpose in compliance with Commission Directive 2001/15/EC (as corrected ) on substances that may be added for specific nutritional purposes in foods for particular nutritional uses.
;
d
in paragraph (7) —
i
after the definition of “appropriate medical certificate” there shall be inserted the following definition —
“designated PNU food” has the meaning assigned to it by the Food for Particular Nutritional Uses (Addition of Substances for Particular Nutritional Purposes) (England) Regulations 2002;
;
ii
after the definition of “hospital” the word “and” shall be omitted and there shall be inserted the following definitions —
“infant formula” and “follow-on formula” have the meaning assigned to them by the Infant Formula and Follow-on Formula Regulations 1995 ;
“processed cereal-based food” and “baby food” have the meaning assigned to them by the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 ; and
.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
14th July 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Weymouth and Portland (Electoral Changes) Order 2002.
2
This Order except articles 6(3) and 6(4) shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
3
Articles 6(3) and 6(4) shall come into force on the day after that on which this Order is made.
Interpretation
2
In this Order —
“borough” means the borough of Weymouth and Portland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Weymouth and Portland (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 Weymouth and Portland Borough Council.
Wards of the borough of Weymouth and Portland
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into fifteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the 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 (2) of Schedule 1.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Weymouth and Portland
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Portland
5
1
The existing wards of the parish of Portland shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Tophill East, Tophill West and Underhill; each parish ward shall comprise the area of the borough ward bearing the same name.
3
The number of councillors to be elected for each of the Tophill East and Underhill parish wards shall be four and for the Tophill West parish ward shall be six.
Parish elections
6
1
Elections of all parish councillors for the parish of Portland shall be held simultaneously on the ordinary day of election of councillors in 2004, 2007 and every fourth year after 2007.
2
The term of office of all parish councillors elected in accordance with the paragraph above shall be three years for those parish councillors elected in 2004 and four years for those parish councillors elected in 2007 and every fourth year after 2007; and they shall retire on the fourth day after the ordinary day of election of councillors in the year of retirement and the newly elected councillors shall come into office on the day on which their predecessors retire.
3
The ordinary elections of parish councillors for the parish of Portland in 2003 shall not take place; and any such parish councillor holding office immediately before 5th May 2003 who would, but for this paragraph, have retired on that date shall, unless he resigns his office or it otherwise becomes vacant, continue to hold office until the fourth day after the ordinary day of election of councillors in 2004.
4
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 10th May 2004 in the office of a parish councillor for the parish of Portland as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 5th May 2003.
Maps
7
Weymouth and Portland Borough Council shall make a print of the map marked “Map referred to in the Borough of Weymouth and Portland (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the 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
9
The Borough of Weymouth and Portland (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(8).
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 commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2002 and shall come into force on 1st April 2002.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 for the amount “£0.54” there is substituted the amount “£0.66”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
18th February 2002


text:
Citation and commencement
1
These Regulations may be cited as the Excise Goods, Beer and Tobacco Products (Amendment) Regulations 2002 and come into force on 1 December 2002.
The Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992
2
1
Amend the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 as follows.
2
In the definition of “duty” in regulation 2(1), before the word “means” insert —
, except in regulation 4(1B)(d) below,
.
3
In regulation 4,
a
in paragraph (1), for “(2)” substitute “(1A)”;
b
after paragraph (1) insert —
1A
In the case of excise goods acquired by a person in another member State for his own use and transported by him to the United Kingdom, the excise duty point is the time when those goods are held or used for a commercial purpose by any person.
1B
For the purposes of paragraph (1A) above —
a
“member State” includes the Principality of Monaco and San Marino, but does not include the Island of Heligoland and the territory of Büsingen in the Federal Republic of Germany, Livigno, Campione d'Italia and the waters of Lake Lugano in the Italian Republic, Ceuta, Melilla and the Canary Islands in the Kingdom of Spain, or the overseas departments of the French Republic,
b
“own use” includes use as a personal gift,
c
if the goods in question are —
i
transferred to another person for money or money’s worth (including any reimbursement of expenses incurred in connection with obtaining them), or
ii
the person holding them intends to make such a transfer,
those goods are to be regarded as being held for a commercial purpose,
d
if the goods are not duty and tax paid in the member State at the time of acquisition, or the duty and tax that was paid will be or has been reimbursed, refunded or otherwise dispensed with, those goods are to be regarded as being held for a commercial purpose,
e
without prejudice to sub-paragraphs (c) and (d) above, in determining whether excise goods are held or used for a commercial purpose by any person regard shall be taken of —
i
that person’s reasons for having possession or control of those goods,
ii
whether or not that person is a revenue trader (as defined in section 1(1) of the Customs and Excise Management Act 1979 ),
iii
that person’s conduct, including his intended use of those goods or any refusal to disclose his intended use of those goods,
iv
the location of those goods,
v
the mode of transport used to convey those goods,
vi
any document or other information whatsoever relating to those goods,
vii
the nature of those goods including the nature and condition of any package or container,
viii
the quantity of those goods, and in particular, whether the quantity exceeds any of the following quantities —
10 litres of spirits,
20 litres of intermediate products (as defined in Article 17(1) of Council Directive 92/83/ EEC ),
90 litres of wine,
whether that person personally financed the purchase of those goods,
any other circumstance that appears to be relevant,
“excise goods” do not include any goods chargeable with excise duty by virtue of any provision of the Hydrocarbon Oil Duties Act 1979 or of any order made under section 10 of the Finance Act 1993 .
4
In regulation 5, after paragraph (6), insert —
6A
The person liable to pay the duty when the excise duty point specified in paragraph (1A) or (2)(b) of regulation 4 above occurs is the person holding the excise goods at the excise duty point.
The Beer Regulations 1993
3
1
Amend the Beer Regulations 1993 as follows.
2
In the definition of “duty” in regulation 4, before the word “means” insert —
, except in regulation 15(1B)(d) below,
.
3
In regulation 15,
a
in paragraph (1), after the word “Save” insert —
“in the case specified in paragraph (1A) below or”;
after paragraph (1) insert —
1A
In the case of beer acquired by a person in another member State for his own use and transported by him to the United Kingdom, the duty point is the time when that beer is held or used for a commercial purpose by any person.
1B
For the purposes of paragraph (1A) above —
a
“member State” includes the Principality of Monaco and San Marino, but does not include the Island of Heligoland and the territory of Büsingen in the Federal Republic of Germany, Livigno, Campione d'Italia and the waters of Lake Lugano in the Italian Republic, Ceuta, Melilla and the Canary Islands in the Kingdom of Spain, or the overseas departments of the French Republic,
b
“own use” includes use as a personal gift,
c
if the beer in question is —
i
transferred to another person for money or money’s worth (including any reimbursement of expenses incurred in connection with obtaining them), or
ii
the person holding it intends to make such a transfer,
that beer is to be regarded as being held for a commercial purpose,
d
if the beer is not duty and tax paid in the member State at the time of acquisition, or the duty and tax that was paid will be or has been reimbursed, refunded or otherwise dispensed with, that beer is to be regarded as being held for a commercial purpose,
e
without prejudice to sub-paragraphs (c) and (d) above, in determining whether beer is held or used for a commercial purpose by any person regard shall be taken of —
i
that person’s reasons for having possession or control of that beer,
ii
whether or not that person is a revenue trader (as defined in section 1(1) of the Customs and Excise Management Act 1979),
iii
that person’s conduct, including his intended use of that beer or any refusal to disclose his intended use of that beer,
iv
the location of that beer,
v
the mode of transport used to convey that beer,
vi
any document or other information whatsoever relating to that beer,
vii
the nature of that beer including the nature and condition of any package or container,
viii
the quantity of that beer, and in particular, whether the quantity exceeds 110 litres,
ix
whether that person personally financed the purchase of that beer,
x
any other circumstance that appears to be relevant.
The Tobacco Products Regulations 2001
4
1
Amend the Tobacco Products Regulations 2001 as follows.
2
In the definition of “duty” in regulation 3(1), before the word “means” insert —
, except in regulation 12(1B)(d) below,
.
3
In regulation 12, after paragraph (1) insert —
1A
In the case of tobacco products acquired by a person in another member State for his own use and transported by him to the United Kingdom, the excise duty point is the time when those products are held or used for a commercial purpose by any person.
1B
For the purposes of paragraph (1A) above —
a
“member State” includes the Principality of Monaco and San Marino, but does not include the Island of Heligoland and the territory of Büsingen in the Federal Republic of Germany, Livigno, Campione d'Italia and the waters of Lake Lugano in the Italian Republic, Ceuta, Melilla and the Canary Islands in the Kingdom of Spain, or the overseas departments of the French Republic,
b
“own use” includes use as a personal gift,
c
if the tobacco products in question are —
i
transferred to another person for money or money’s worth (including any reimbursement of expenses incurred in connection with obtaining them), or
ii
the person holding them intends to make such a transfer,
those products are to be regarded as being held for a commercial purpose,
d
if the products are not duty and tax paid in the member State at the time of acquisition, or the duty and tax that was paid will be or has been reimbursed, refunded or otherwise dispensed with, those products are to be regarded as being held for a commercial purpose,
e
without prejudice to sub-paragraphs (c) and (d) above, in determining whether tobacco products are held or used for a commercial purpose by any person regard shall be taken of —
i
that person’s reasons for having possession or control of those products,
ii
whether or not that person is a revenue trader (as defined in section 1(1) of the Customs and Excise Management Act 1979),
iii
that person’s conduct, including his intended use of those products or any refusal to disclose his intended use of those products,
iv
the location of those products,
v
the mode of transport used to convey those products,
vi
any document or other information whatsoever relating to those products,
vii
the nature of those products including the nature and condition of any package or container,
viii
the quantity of those products, and in particular, whether the quantity exceeds any of the following quantities —
3,200 cigarettes,
400 cigarillos (cigars weighing no more than 3 grammes each),
200 cigars,
3 kilogrammes of any other tobacco products,
whether that person personally financed the purchase of those products,
any other circumstance that appears to be relevant.
4
In regulation 23(1), after paragraph (a), insert —
aa
they were acquired by a person in another member State for his own use and transported by him to the United Kingdom.
New King’s Beam House, 22 Upper Ground, LONDON SE1 9PJ
M J Eland
Commissioner of Customs and Excise
28 October 2002


text:
Citation and commencement and interpretation
1
1
This Order may be cited as the Burntwood, Lichfield and Tamworth Primary Care Trust (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the Burntwood, Lichfield and Tamworth Primary Care Trust (Establishment) Order ; and
“ the trust ” means the trust established by the Order.
Amendment of the Schedule to the Primary Care Trust Establishment Order
2
1
The Schedule to the Order shall be amended in accordance with the following paragraphs.
2
In the entry for the Borough of Burntwood and Lichfield, there shall be inserted after “Leomansley”, “Little Aston”; and after “Shenstone”, “Stonnall”.
3
In the entry for the Borough of Burntwood and Lichfield the entry for “Kings Bromley” shall be deleted.
4
In the entry for the Borough of Tamworth for “Fazelely” there shall be substituted, “Fazeley”.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
26th March 2002


text:
Citation and commencement
1
This Order may be cited as the Judicial Pensions and Retirement Act 1993 (Certain Qualifying Judicial Offices) (Amendment) Order 2002 and shall come into force on 15th January 2003.
2
In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993, in the entries relating to:
a
a member of a panel constituted under section 6(1) of the Social Security Act 1998; and
b
a member of a panel constituted under article 7(1) of the Social Security (Northern Ireland) Order 1998
“full-time” shall be deleted.
Irvine of Lairg, C.
Dated 16th December 2002


text:
Citation, interpretation and extent
1
1
This Order may be cited as the Care Standards Act 2000 (Commencement No. 15 (England) and Transitional Provisions) (Amendment) Order 2002.
2
In this Order —
“the No. 9 Order” means the Care Standards Act 2000 (Commencement No. 9 (England) and Transitional and Savings Provisions) Order 2001 ;
“the No. 10 Order” means the Care Standards Act 2000 (Commencement No. 10 (England) and Transitional, Savings and Amendment Provisions) Order 2001 .
3
This Order extends to England only.
Amendment of the No. 9 Order
2
1
The No. 9 Order shall be amended in accordance with the following paragraphs of this article.
2
In article 3(5)(b) —
a
in head (i) —
i
the words “or 14(2)” shall be omitted;
ii
for the words “1st July” there shall be substituted the words “1st September”;
b
after head (i) there shall be inserted the following head —
ia
in the case of an application to which paragraph 14(2) of Schedule 1 applies, 1st June 2002
;
c
in head (ii), for the words “1st July” there shall be substituted the words “1st September”.
3
In article 3(8), for the words “1st July” there shall be substituted the words “1st September”.
4
In Schedule 1, the words “1st September” shall be substituted for the words “1st July” —
a
in paragraph 2(6)(b);
b
in paragraph 10(7) and (8), in each case on both occasions where they occur;
c
in paragraph 14(8) and (9).
5
In Schedule 1, in paragraph 6 —
a
in sub-paragraph (2)(a), for the words “1st June” there shall be substituted the words “1st August”;
b
in sub-paragraph (3)(a), after the words “sub-paragraph (2)” there shall be inserted the words “, with the substitution of the words “1st September” for the words “1st August”,” ;
c
in sub-paragraphs (3)(b) and (c), for the words “1st July” there shall be substituted the words “1st September”.
6
In Schedule 1, in paragraph 13 —
a
in sub-paragraph (2), for the words “1st July” there shall be substituted the words “1st September”;
b
in sub-paragraph (5)(a), for the words “1st June”, “1st July” and “7th June” there shall be substituted respectively the words “1st August”, “1st September” and “5th August”;
c
in sub-paragraph (5)(b), for the word “June” there shall be substituted the word “August”;
d
in sub-paragraph (8)(b), for the words “1st July” on each occasion where they occur there shall be substituted the words “1st September”;
e
in sub-paragraph (14)(b), for the words “1st July” and “30th June” there shall be substituted respectively the words “1st September” and “31st August”.
7
In Schedule 1, in paragraph 15(1)(b)(i) and (2)(b)(i), for the words “30th June” there shall be substituted the words “31st August”.
Amendment of the No. 10 Order
3
In article 3(4) of the No. 10 Order, for the words “1st July” there shall be substituted the words “1st September”.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
31st May 2002


text:
Citation, commencement and extent
1
1
This Order may be cited as the Contracting Out (Local Education Authority Functions) (England) Order 2002 and shall come into force on 1st April 2002.
2
This Order applies only in relation to England.
Interpretation
2
In this Order references to functions conferred by or under a section of any Act shall include any functions conferred by or under any order or regulation made under that section.
Contracting out of local education authority functions
3
Any function of a local education authority in England which is conferred by or under any of the provisions described in Schedule 1, 2 or 3 to this Order may be exercised by, or by employees of, such person as may be authorised in that behalf by the local education authority whose function it is.
Stephen Timms
Minister of State,
Department for Education and Skills
28th March 2002


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002 and shall come into force on 20th August 2002.
2
These Regulations apply to England only .
3
In these Regulations —
“ the Act ” means the Health and Social Care Act 2001;
“local pharmaceutical services” have the meaning given in regulation 2 of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 ;
“member”, in relation to a PHS body —
where the relevant pilot scheme has not yet been implemented, means a person proposing to provide piloted services under that scheme, and
where the relevant pilot scheme has been implemented, is to be construed in accordance with section 33(7) of the Act;
“the principal Regulations ” means the National Health Service (Pharmaceutical Services) Regulations 1992 ;
“relevant Health Authority” means the Health Authority which is or is to be, a party to the relevant pilot scheme; and
“relevant pilot scheme” means the pilot scheme under which —
those making an application to become a PHS body are to provide, or are providing, piloted services, or
the members of the PHS body are to provide, or are providing, piloted services,
as the case may be.
Applications to become a PHS body
2
1
An application must be made in writing, and must include the name and address of each applicant.
2
A copy of an application must be sent to the relevant Health Authority.
3
The grant of an application does not affect the nature of, or any rights or liabilities arising under, any contract entered into by an applicant before the date on which the application comes into effect.
4
In this regulation, “application” means an application under section 33 of the Act to become a PHS body in respect of a pilot scheme under which local pharmaceutical services are, or are to be, provided.
Ceasing to be a PHS body
3
1
Subject to paragraphs (3) and (4), a PHS body shall cease to be such a body if all the members of the PHS body withdraw from the relevant pilot scheme before it has been implemented.
2
Subject to paragraphs (3) and (4), where the relevant pilot scheme has been implemented, a PHS body shall cease to be such a body if —
a
the relevant pilot scheme comes to an end (in circumstances other than those specified in sub-paragraph (b));
b
the Secretary of State gives directions under section 32(3) of the Act relating to the relevant pilot scheme; or
c
all the members of the PHS body agree in writing that that body is to cease to be such a body on a specified date, and they give notice in writing of their decision to the Secretary of State and the relevant Health Authority.
3
Subject to paragraph (4), the date on which a PHS body ceases to be such a body is —
a
in a case falling within paragraph (1), the date on which the last member of the PHS body withdraws from the relevant pilot scheme;
b
in a case falling within paragraph (2)(a), the date on which the relevant pilot scheme comes to an end;
c
in a case falling within paragraph (2)(b), the date on which the directions are given; and
d
in a case falling within paragraph (2)(c), the date specified by the members of the PHS body.
4
Where a PHS body ceases to be such a body under this regulation, it ceases to be such a body for all purposes except that of being a party to an NHS contract entered into on a date before that on which the PHS body ceases to be such a body (for which purpose it ceases to be such a body on the determination of that NHS contract).
5
Where, by virtue of paragraph (4), a PHS body remains such a body for the purpose of being a party to an NHS contract —
a
if (on the date the PHS body ceases to be such a body for other purposes under this regulation) the relevant pilot scheme has been implemented, that body is to be treated as consisting of those who provided piloted services under that scheme on the date on which that body ceased (for all other purposes) to be a PHS body; and
b
if (on the date the PHS body ceases to be such a body for other purposes under this regulation) the relevant pilot scheme has not been implemented, that body is to be treated as consisting of those who proposed to provide piloted services under that scheme on the date on which that NHS contract was entered into.
6
In this regulation, “NHS contract” has the meaning assigned by section 4(1) of the National Health Service and Community Care Act 1990 .
Right of return to pharmaceutical lists
4
1
Before the Secretary of State approves a pilot scheme under paragraph 3(1)(a) or (b) of Schedule 2 to the Act, he must determine whether a pilot scheme provider is to be given a right of return under regulation 8A of the principal Regulations if he makes an application for his name to be included in a Health Authority’s pharmaceutical list after ceasing to provide local pharmaceutical services under the scheme.
2
Before a pilot scheme is varied so as to permit a new pilot scheme provider to provide local pharmaceutical services under the scheme, the Secretary of State must make a determination under this regulation in relation to the new pilot scheme provider.
3
Before a pilot scheme is varied so as to permit the provision of local pharmaceutical services from different, or additional, premises, the Secretary of State must consider how such a change affects (if at all) a determination under this regulation, and may make a further determination varying a determination in consequence of such a change.
4
The Secretary of State may at any time make a determination under this regulation varying a determination about a pilot scheme provider if he is asked to do so by the pilot scheme provider concerned.
5
A determination under this regulation that a pilot scheme provider is to be given a right of return as described in paragraph (1) may be made subject to specified conditions.
6
Before making any determination under this regulation, the Secretary of State must publish the principles by reference to which he will make it.
7
Those principles may be —
a
principles applying generally to all determinations;
b
principles applying only to the pilot scheme in question; or
c
a mixture of both.
8
The Secretary of State must notify the Health Authority and the pilot scheme provider or providers concerned in writing of any determination made by him under this regulation.
9
Different determinations may be made with respect to different pilot scheme providers providing local pharmaceutical services under the same pilot scheme.
10
A determination may identify the pilot scheme provider or providers to which it applies by name or in any other way.
11
In this regulation —
“pharmaceutical list” shall be construed in accordance with regulation 4 of the principal Regulations (pharmaceutical lists); and
“pilot scheme provider” means a person providing, or proposing to provide, piloted services under a pilot scheme.
Amendment of the principal Regulations
5
1
The principal Regulations are amended as follows.
2
In regulation 2 (interpretation), in the appropriate alphabetical position, insert —
“the 2001 Act ” means the Health and Social Care Act 2001 ;
,
“local pharmaceutical services” have the meaning given in regulation 2 of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 ;
, and
“pharmacy pilot scheme” has the same meaning as the term “pilot scheme” in section 28(2) of the 2001 Act
.
3
After regulation 8 (appeals), insert —
Right of return to pharmaceutical lists
8A
1
This regulation applies if the Secretary of State makes a determination under regulation 4 of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) (No. 2) Regulations 2002 that a person is to be given a right of return to a Health Authority’s pharmaceutical list on making an application for his name to be included in that list after ceasing to provide local pharmaceutical services under a pharmacy pilot scheme, and the conditions mentioned in paragraph (2) are satisfied.
2
The conditions are that —
a
the period of time between the cessation of provision of local pharmaceutical services by the applicant and the commencement of provision of pharmaceutical services by the applicant will be such that the provision of such services will be continuous (except for such period as the Health Authority may for good cause allow); and
b
the determination or determinations relevant to the application have not been invalidated by any subsequent determination, and that any conditions specified in the determination or determinations are satisfied.
3
A person making an application under this regulation for inclusion of his name in a pharmaceutical list must apply to the Health Authority in the form set out in Part I of Schedule 3 while he is still providing local pharmaceutical services under a pharmacy pilot scheme, and in addition he must —
a
make clear that the application is made by virtue of this regulation; and
b
attach copies of all determinations relevant to the application.
4
If a person has made an application in the manner described in paragraph (3) to a Health Authority for his name to be included in their pharmaceutical list, the Health Authority must grant the application.
5
Any conditions imposed by a Health Authority under regulation 9(7) or 12(15) (or by the Secretary of State under regulation 10(10)(b) or 13(13)(b)) which are still in force by virtue of regulation 12(15A) shall be unaffected by the grant of an application under this regulation.
6
A Health Authority must, as soon as is practicable, give notice in writing of its decision on an application under this regulation to those persons or bodies listed in regulation 7(1)(a).
7
Where a Health Authority grants an application under this regulation, the applicant must be included in the relevant pharmaceutical list or lists only if, not less than 14 days before the expiry of six months after the date on which the grant was notified to him by the Health Authority in accordance with paragraph (6), he notifies the Health Authority, in the form set out in Part II of Schedule 3, that he will, within the next 14 days, commence the provision of the services in respect of which the application was made at the premises to which the application related.
8
Where, at any time after making an application under this regulation, but before the expiry of the six months referred to in paragraph (7), the applicant notifies the Health Authority that he intends to change within the neighbourhood the premises from which he intends to provide pharmaceutical services, being the same services as those named in the application, and the Health Authority is satisfied that the change is a minor relocation, it may amend the premises named in the original application.
9
For the purposes of paragraph (7), the date of the notification of a grant of an application is the day after the expiry of the period of 30 days beginning on the date on which notice of that decision is given under paragraph (6).
10
For the avoidance of doubt, regulations 4 (except paragraph (1)), 5, 6, 7, 8, 11, 12, 13, 14 and 15 do not apply to an application under this regulation.
.
4
In regulation 12 (determination of applications in respect of controlled localities), after paragraph (15) insert —
15A
Where a Health Authority has imposed any conditions under regulation 9(7) or paragraph (15), or the Secretary of State has imposed any conditions under regulation 10(10)(b) or 13(13)(b), those conditions shall be unaffected by the commencement or continuation of a pharmacy pilot scheme for the provision of local pharmaceutical services by the person whose application was granted subject to such conditions (or by a successor to that person who likewise provides local pharmaceutical services under that scheme).
.
5
In regulation 17 (removal from pharmaceutical lists), after paragraph (1) insert —
1A
Where a chemist provides local pharmaceutical services under a pharmacy pilot scheme, and no longer provides pharmaceutical services, the Health Authority must remove his name from the pharmaceutical list.
.
6
In Part I of Schedule 3 (application for inclusion in a pharmaceutical list or inclusion in a list in respect of different services or premises), in paragraph 7, after “ pharmaceutical services listed in paragraph 6 are already provided ”, insert “, or those applying for a right of return to a pharmaceutical list under regulation 8A ”.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
31st July 2002


text:
Title, extent, commencement and cessation
1
1
This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 and extends to England only.
2
This Order shall come into force on 6th September 2002 and shall cease to have effect on 1st February 2003.
Interpretation
2
— In this Order —
“assembly centre” means an assembly centre approved by the Secretary of State in accordance with regulation 12(2) of the Animals and Animal Products (Import and Export) (England and Wales) Regulations 2000 ;
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere and includes any place used, whether as a market or otherwise, for the sale or trading of animals but only where the animals being sold or traded are intended for immediate slaughter thereafter;
“ CPH Number” means the county parish holding number assigned from time to time to any premises or part of any premises by the Department for Environment, Food and Rural Affairs;
“flockmark” means the mark allocated to a flock of sheep by the Secretary of State;
“goat” means a live goat;
“herdmark” means the mark allocated to a herd of goats by the Secretary of State;
“holding” means any establishment, construction or, in the case of an open air farm, any place in which sheep or goats are held, kept or handled;
“keeper” means any person having care and control of sheep or goats, even on a temporary basis but not including any person who is only a keeper because he is transporting the animals;
“relevant date” means the date on which this Order comes into force;
“sheep” means a live sheep;
“the Sheep and Goats Order 2000” means Sheep and Goats Identification (England) Order 2000 ;
“show” means an occasion at which animals are exhibited but not solely for the purpose of sale;
“slaughterhouse” has the meaning given in regulation 2(1) of the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“sole occupancy group” has the meaning given in article 2 of the Disease Control (Interim Measures) (England) (No. 2) Order 2002 ;
“temporary grazing land” means land to which sheep are moved for a limited period for the purpose of being fed or pastured but which is not part of the holding where the sheep are usually kept;
“temporary mark” means a temporary mark in accordance with article 6(11);
“veterinary treatment” means any treatment or procedure carried out by or under the supervision of a veterinary surgeon; and
“X Mark” means an X Mark in accordance with article 6(1) and (8).
Notification of holdings where sheep or goats are kept
3
1
Where, on or after the relevant date, a person becomes the keeper of any sheep or goat on a holding, he shall, within one month after he begins to keep that animal, notify the Secretary of State in writing —
a
of the address of the holding;
b
of the name and address of the occupier of the holding; and
c
whether sheep or goats or both are usually kept on the holding.
2
The keeper shall notify the Secretary of State in writing of any change in the particulars specified in paragraph (1) within one month of such change.
3
On receiving notification under this article the Secretary of State shall, subject to paragraph (4), allocate in respect of the holding, a flockmark in the case of sheep or a herdmark in the case of goats.
4
Where the holding is a slaughterhouse or market, the Secretary of State shall allocate a flockmark or herdmark only where she deems it appropriate to do so.
Sheep records
4
1
Any person keeping sheep on a holding (other than an assembly centre, market, show, slaughterhouse or collecting centre) shall record, on or before 31st January in each year, the number of sheep on that holding on 1st January of that year.
2
Within 36 hours of a sheep being moved onto or off a holding, the keeper shall record —
a
the date of the movement;
b
the total number of sheep moved;
c
one of the following marks —
i
the latest S Mark applied to the sheep;
ii
where there is no S Mark, the Origin Mark or the mark made under article 8(4) or (5) of the Sheep and Goats Order 2000;
iii
where there is no mark as described in sub-paragraph (c)(i) or (ii), the F Mark or R Mark; or
iv
the individual identification number together with the Mark which was applied at the same time as the individual identification number;
d
in the case of a sheep moved onto the holding, the address of the holding from which it came; in the case of a sheep being moved off the holding, the address of the holding to which it is going;
e
in the case of a sheep moved from a market, the number of the lot to which that sheep was allocated at the market;
f
in the case of a sheep moved to or from a show, the individual identification number of the sheep together with the Mark which was applied to it at the same time as the individual identification number;
g
in the case of a sheep being moved to an assembly centre, the individual identification number of the sheep (if more than one, the latest individual identification number applied to it);
h
in the case of a sheep being moved to a destination outside Great Britain, one of the following marks applied to it —
i
an Origin Mark which includes the letters “ UK ”, and the individual identification number;
ii
an F Mark which includes the letters “UK”, and the individual identification number; or
iii
an X Mark and the individual identification number; and
i
in the case of a ram that is identified, marked or tagged with an individual identification number for the purposes of article 3(2)(b)(xviii), 3(3)(d), 3(3)(g) or 3(3)(h) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002, that individual identification number of the ram together with the Mark which was applied to it at the same time as that number.
3
Paragraph 2(c) shall not apply in the case of a sheep —
a
moved direct to a slaughterhouse;
b
moved direct to a market for the purpose of sale for slaughter;
c
moved to a collecting centre before being moved to a slaughterhouse; or
d
returned direct to a holding from a market to which it had been sent for the purpose of sale for slaughter,
provided the keeper records the temporary mark applied to the sheep.
4
In the case of a sheep being sold without being moved onto or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of sheep sold; and
c
the name and address of the purchaser.
5
In the case of a sheep marked in accordance with article 11 or re-marked in accordance with article 13(2)(b) or (c), the keeper shall, within 36 hours of marking or re-marking the sheep (as the case may be), record the new sheep flockmark and the previous one, if known.
6
When a keeper marks a sheep with an X Mark, he shall within 36 hours —
a
where the X Mark is applied at an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross referenced with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number which has been recorded under paragraph (2)(g);
b
where the X Mark is applied at a holding other than an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross-referenced with the Mark which has been recorded under paragraph (2)(c).
7
The person making a record under this article shall retain the record for a period of six years.
Goat records
5
1
Any person keeping a goat on a holding (other than an assembly centre, market, show, slaughterhouse or collecting centre) shall record, on or before 31st January in each year, the number of goats on that holding on 1st January of that year.
2
Within 36 hours of a goat being moved onto or off a holding, the keeper shall record —
a
the date of the movement;
b
the total number of goats moved;
c
one of the following marks —
i
the latest S Mark applied to the goat;
ii
where there is no S Mark, the Origin Mark or the mark made under article 8(4) or (5) of the Sheep and Goats Order 2000;
iii
where there is no mark as described in sub-paragraph (c)(i) or (ii), the F Mark or R Mark; or
iv
the individual identification number together with the Mark which was applied at the same time as the individual identification number;
d
in the case of a goat moved onto the holding, the address of the holding from which it came; in the case of a goat being moved off the holding, the address of the holding to which it is going;
e
in the case of goat moved from a market, the number of the lot to which that goat was allocated at the market;
f
in the case of a goat moved to a show, the individual identification number of the goat together with the Mark which was applied to it at the same time as the individual identification number; and
g
in the case of a goat being moved to an assembly centre, the individual identification number of the goat (if more than one, the latest individual identification number applied to it);
h
in the case of a goat being moved to a destination outside Great Britain, one of the following marks applied to it —
i
an Origin Mark which includes the letters “UK”, and the individual identification number,
ii
an F Mark which includes the letters “UK”, and the individual identification number, or
iii
an X Mark and the individual identification number; and
i
in the case of a goat that is given an individual identification number for the purposes of article 3(2)(b)(xix) or 3(3)(e) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002, that individual identification number of the goat together with the Mark which was applied to it at the same time as that number.
3
Paragraph 2(c) shall not apply in the case of a goat —
a
moved direct to a slaughterhouse;
b
moved direct to a market for the purpose of sale for slaughter;
c
moved to a collecting centre before being moved to a slaughterhouse; or
d
returned direct to a holding from a market to which it had been sent for the purpose of sale for slaughter,
provided the keeper records the temporary mark applied to the goat.
4
In the case of a goat being sold without being moved onto or off a holding, the vendor shall record, within 36 hours of the sale —
a
the date of sale;
b
the number of goats sold; and
c
the name and address of the purchaser.
5
In the case of a goat marked in accordance with article 11 or re-marked in accordance with article 13(2)(b) or (c), the keeper shall, within 36 hours of marking or re-marking the goat (as the case may be), record the new herdmark and the previous one, if known.
6
When a keeper marks a goat with an X Mark, he shall within 36 hours —
a
where the X Mark is applied at an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross-referenced with the Mark which has been recorded under paragraph (2)(c) and with the individual identification number which has been recorded under paragraph (2)(g);
b
where the X Mark is applied at a holding other than an assembly centre, make a record of the X Mark and the individual identification number applied at the same time as the X Mark, cross-referenced with the Mark which has been recorded under paragraph (2)(c).
7
The person making a record under this article shall retain the record for a period of six years.
Marks
6
1
A Mark applied under this Order (save for a temporary mark) shall be applied to the animal’s ear by way of an eartag or tattoo.
2
An eartag shall be —
a
made of either metal or plastic or a combination of metal and plastic;
b
tamper-proof;
c
printed or stamped with the required letters and numbers so that they are easy to read during the animal’s lifetime;
d
such that it does not interfere with the well-being of the animal; and
e
red in colour when it bears an R Mark but not in any other case.
3
A tattoo means a tattoo which is legible for the life of the animal.
4
An F Mark is —
a
when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the holding to which the animal is imported from outside the European Union, followed by the letter “F”;
b
when marked on a tattoo, the flockmark or herdmark of that holding followed by the letter “F”.
5
An Origin Mark is —
a
when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the animal’s holding of birth;
b
when marked on a tattoo, the flockmark or herdmark of the animal’s holding of birth.
6
An R Mark is —
a
when marked on an eartag, the letters “UK” followed by the flockmark or herdmark of the holding where the animal was kept at the time it was so marked, followed by the letter “R”;
b
when marked on a tattoo, the flockmark or herdmark of the holding where the animal was kept at the time it was so marked, followed by the letter “R”.
7
An S Mark is the letter “S” followed by the flockmark or herdmark of the holding on which the animal was kept at the time it was so marked.
8
An X Mark is the letters “UK” followed by the flockmark or herdmark of the holding from which the animal is to be moved to a destination outside Great Britain, followed by the letter “X”.
9
An “individual identification number” is a number which —
a
does not apply to any other sheep with the same flockmark or any other goat with the same herdmark;
b
is applied to an eartag at the same time as an Origin Mark, S Mark, F Mark, R Mark or X Mark is applied, or is tattooed on one of the animal’s ears at the same time as an Origin Mark, S Mark, F Mark, R Mark or X Mark is tattooed on one of its ears; and
c
in the case of an eartag and subject to paragraph (10), immediately follows an Origin Mark, S Mark, F Mark, R Mark or X Mark or is applied to one side of the eartag on the other side of which is an Origin Mark, S Mark, F Mark, R Mark or X Mark.
10
A number shall not fail to be an “individual identification number” by reason only that it is not applied to the same eartag as an Origin Mark, S Mark, F Mark, R Mark or X Mark where —
a
the number was applied in part of the British Islands outside England under legislation in force in that part; or
b
the number was applied in England before 11th February 2002.
11
A temporary mark shall be sufficiently distinctive to be described in the document required under article 12 and shall remain visible to the naked eye until the animal is slaughtered or returns to the holding from which it had been sent to market for the purpose of sale for slaughter or returns to the holding from temporary grazing land.
Applying Origin Mark
7
1
Subject to paragraph (2), the keeper of a sheep or goat born in England on or after the relevant date, or which is still on its holding of birth on that date, shall as soon as possible apply an Origin Mark to that animal.
2
Paragraph (1) shall not apply in respect of an animal which, before the relevant date, was marked in accordance with article 8(4) or (5) or article 15 of the Sheep and Goats Order 2000.
Movement from holding of birth
8
1
A person shall not move a sheep or goat from its holding of birth unless an Origin Mark is applied to it.
2
Paragraph (1) shall not apply in the case of —
a
a goat moved for the purposes of being tattooed and then immediately returned to its holding of birth;
b
a sheep or goat moved for the purpose of receiving veterinary treatment and then immediately returned to its holding of birth; or
c
a sheep or goat marked before the relevant date in accordance with article 8(4) or (5) or article 15 of the Sheep and Goats Order 2000.
Movements generally
9
1
Subject to paragraphs (2) to (4) and articles 8 and 10, a person shall not move a sheep or goat unless it is marked with one or more of the following —
a
an Origin Mark and an individual identification number;
b
an S Mark indicating the flockmark or herdmark of the holding from which the animal is being moved;
c
an S Mark and an individual identification number;
d
an F Mark and an individual identification number;
e
an R Mark indicating the flockmark or herdmark of the holding from which the animal is being moved; or
f
an R Mark and an individual identification number.
2
Paragraph (1) shall not apply where —
a
the animal is marked in accordance with article 13(2)(b) and is being moved from the holding to which the flockmark or herdmark refers;
b
the animal is being imported from outside the European Union to a holding in England;
c
the animal is being moved from the holding to which it was imported from outside the European Union and is marked with an F Mark;
d
the animal is being moved from another Member State to a holding in England and is marked in accordance with Council Directive 92/102/ EEC on the identification and registration of animals;
e
the animal is being moved from a part of the British Islands outside England and is marked in accordance with the legislation in force in that part of the British Islands;
f
before the relevant date the animal was marked in accordance with article 8(4) or (5) of the Sheep and Goats Order 2000 and with an individual identification number;
g
the animal is marked with a temporary mark and is —
i
being moved direct to a slaughterhouse;
ii
being moved direct to a market for the purpose of sale for slaughter;
iii
being moved to a collecting centre before being moved to a slaughterhouse; or
iv
returning direct to a holding from a market (other than a dedicated slaughter market) to which it had been sent for the purpose of sale for slaughter;
h
the animal is being moved for the purposes of veterinary treatment, dipping or shearing;
i
the animal is being moved between premises in a sole occupancy group;
j
the animal is returning to the holding on which it is kept from land on which the person has a right of grazing in common with other proprietors;
k
a sheep is marked with a temporary mark and is returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land; or
l
the animal is being moved from a market, provided the animal was marked in accordance with the requirements of this Order when it was moved on to that market.
3
An animal shall not be moved to or from a show unless it is marked with an individual identification number together with the Mark which was applied at the same time as the individual identification number.
4
a
A person shall not move an animal to an assembly centre unless that animal is marked in accordance with one or more of the following sub-paragraphs —
i
with an Origin Mark and with an individual identification number;
ii
with an S Mark and with an individual identification number;
iii
with an F Mark and with an individual identification number; or
iv
with a mark applied under the Sheep and Goat Order 2000 and with an individual identification number; and
b
Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).
5
a
A person shall not move an animal to premises outside Great Britain unless the animal is marked in accordance with one or more of the following sub-paragraphs —
i
with an Origin Mark which includes the letters “UK”, and with an individual identification number;
ii
with an F Mark which includes the letters “UK”, and with an individual identification number; or
iii
with an X Mark and an individual identification number which was applied at the same time as the X mark; and
b
Paragraph (1) shall not apply in respect of an animal which is being moved in accordance with sub-paragraph (a).
Maximum number of marks
10
1
A person shall not apply an S Mark to a sheep or goat which already bears three marks consisting of one or more of the marks described in paragraph (2).
2
The marks described in this paragraph are —
a
an Origin Mark, an S Mark, an F Mark or an R Mark;
b
a mark applied under the Sheep and Goats Order 2000;
c
a mark applied under legislation in force in a part of the British Islands outside England;
d
a mark applied in another Member State in accordance with Council Directive 92/102/EEC ; or
e
a mark applied under a licence given under article 8 or 31 of the Foot-and-Mouth Disease Order 1983 .
Marking animals from outside the European Union
11
1
If a sheep or goat is imported on to a holding in England from outside the European Union, within thirty days of arrival at that holding and in any event before it is moved from that holding, the keeper at that holding shall mark it with an F Mark.
2
Paragraph (1) shall not apply to an animal imported direct to a slaughterhouse, where the animal is slaughtered there within 5 days without having been moved from the slaughterhouse.
Movement documents
12
1
A person shall not move a sheep or goat unless it is accompanied by a document, signed by the owner of the animal or his agent and which specifies —
a
the address including the CPH number and the postcode of the holdings from, and to which, the animal is being moved;
b
the date of movement and the total number of animals being moved;
c
the mark described in paragraph (2);
d
the lot number in respect of an animal which is being moved from market; and
e
the individual identification number in respect of an animal which is being moved to an assembly centre.
2
The document shall also specify —
a
one of the following —
i
the S Mark applied to the animal;
ii
where there is no S Mark, the Origin Mark or the mark applied under article 8(4) or (5) of the Sheep and Goats Order 2000; or
iii
where there is no mark as mentioned in sub-paragraphs (i) or (ii), the F Mark or the R Mark;
iv
the individual identification number together with the Mark which was applied at the same time as the individual identification number;
b
any temporary mark in the case of an animal —
i
being moved direct to a slaughterhouse;
ii
being moved direct to a market for the purpose of sale for slaughter;
iii
being moved to a collecting centre before being moved to a slaughterhouse;
iv
returning direct to a holding from a market to which it had been sent for the purpose of sale for slaughter; or
v
returning from temporary grazing land to the holding on which it was kept immediately prior to being moved to the temporary grazing land;
c
where an animal is being moved to or from a show, the individual identification number together with the Mark which was applied at the same time as the individual identification number; or
d
where a ram or goat has been given an individual identification number for the purposes of article 3(2)(b)(xviii), 3(2)(b)(xix), 3(3)(d), 3(3)(e), 3(3)(g) or 3(3)(h) of the Disease Control (Interim Measures) (England) (No. 2) Order 2002, that individual identification number together with the Mark which was applied at the same time as that number.
3
Paragraph (1) shall not apply in the case of an animal which is being moved —
a
between a holding and any land in respect of which a right of grazing in common with other proprietors is exercisable;
b
for the purposes of veterinary treatment, dipping or shearing;
c
in the case of goats, for the purpose of being tattooed; or
d
from premises in a sole occupancy group to other premises in the same group.
4
When the animal arrives at its destination, the person moving the animal shall give the document referred to in paragraph (1) above to the keeper at the holding of destination.
5
The keeper at the holding of destination shall, within 3 days of the arrival of the animals there, send a copy of the document referred to in paragraph (1) to the local authority for the area in which the holding is situated.
6
The keeper of a sheep or goat being moved outside Great Britain shall send a copy of the document referred to in paragraph (1) to the local authority for the area in which the premises from which the animals are being moved, are situated.
Removal and replacement of eartags and tattoos
13
1
Except under the authority of an officer of the Secretary of State, a person shall not remove or replace an eartag or a tattoo which has been applied to an animal in accordance with this Order, the Sheep and Goats Order 2000 or the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 , unless it has become illegible or in the case of an eartag, is removed for welfare purposes or is lost.
2
When an Origin Mark, F Mark or R Mark has become illegible, is removed for welfare purposes or is lost, the keeper shall —
a
apply an identical Mark;
b
apply —
i
where the original Mark was an Origin Mark, a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept or a tattoo with the flockmark or herdmark of the holding where the animal is kept;
ii
where the original Mark was an F Mark, a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept followed by the letter F or a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the letter F; or
iii
where the original Mark was an R Mark, a new R Mark,
and cross-reference the new mark with the original Mark in the record kept under article 4 or 5; or
c
where the action in neither sub-paragraph (a) nor (b) can be carried out, apply an R Mark.
3
When an S Mark has become illegible or is lost, the keeper shall, if he knows the details (specified in article 6(7)) that were on that mark, replace it with an identical mark.
4
Paragraphs (2) and (3) shall not apply in the case of an animal at a market or slaughterhouse.
5
A person shall not consign any sheep or goat outside Great Britain if it is marked with an eartag or tattoo ending with the letter “R” showing that it is a replacement eartag or tattoo.
Application of eartags and tattoos
14
Other than for the purpose of complying with the requirements of this Order a person shall not apply an eartag or tattoo bearing a flockmark or herdmark to a sheep or goat unless authorised to do so by the Secretary of State.
Alteration of eartags and tattoos
15
— A person shall not alter, obliterate or deface the information on an eartag or tattoo applied to a sheep or goat under this Order.
Production of records and documents
16
— Any person in charge of any record or document required to be kept under this Order shall produce it to an inspector on demand (or, if it is kept in electronic form, produce a printout of it) and allow a copy to be made.
Markets
17
1
The operator of the market shall ensure that all sheep and goats are divided into groups of one or more animals immediately upon their arrival at the market, and a lot number is allocated to each group.
2
No person shall buy or sell a sheep or goat at a market unless he also buys all other animals in the lot to which that sheep or goat belongs.
3
The operator of a market shall ensure that as soon as a sheep or goat has been sold at the market, the movement document described in article 12 is completed.
4
No person shall move a sheep or goat from a market other than to the premises identified in the movement record completed in accordance with paragraph (3) above.
5
The market operator shall ensure that on the day that a sheep or goat is moved from the market, he sends a document substantially in the form set out in the Schedule to this Order, specifying the information described in article 12(1) and (2) to the local authority for the area in which the market is situated.
Enforcement
18
— Except where otherwise expressly provided, the provisions of this Order shall be executed and enforced by the local authority.
Revocation of the Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002
19
— The Sheep and Goats Identification and Movement (Interim Measures) (England) Order 2002 is revoked.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
Signed: 5.10 pm On: 16th August 2002


text:
Title and commencement
1
This Order may be cited as the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) (No. 2) Order 2002 and shall come into force on 11th December 2002.
Amendment to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999
2
1
The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 shall be amended in accordance with this article.
2
In article 2A, in paragraphs (1), (2) and (3) after the words “in relation to animals” there shall be inserted the word “travelling”.
3
In article 6(1) for the words “After it has been microchipped the animal shall” there shall be substituted the words “Subject to the provisions of article 6A, after it has been microchipped the animal shall”.
4
For paragraphs (1) and (2) of article 6A there shall be substituted the following paragraphs —
1
This article applies where the competent authority of a country or territory in Schedule 2 or Schedule 6 to this Order, or a body authorised by the competent authority, operates a mandatory identification system for cats or dogs under which these animals are required to be registered and identified by tattoo or microchip or by tattoo only.
2
After a cat or dog has been identified in accordance with such a requirement, it may, as an exception to the requirements of article 6(1), be vaccinated and subsequently blood sampled for rabies in accordance with any or all of the requirements of articles 6(1)(a), 6(1)(b) and 6(2) before it has been microchipped.
.
5
In article 7, for paragraph (3) there shall be substituted the following paragraph —
3
Subject to paragraphs (3A) and (3B) below, the official health certificate relating to rabies vaccination shall contain the information specified in Schedule 3 to this Order.
.
6
In article 7 after paragraph (3) there shall be inserted the following paragraphs —
3A
Paragraph (3B) applies to an animal —
a
identified by tattoo by or on behalf of the competent authority of a country or territory in Schedule 2 or Schedule 6 to this Order; and
b
registered by or on behalf of the authority,
in accordance with the requirements of a mandatory identification system operated by or on behalf of the authority.
3B
The official health certificate relating to rabies vaccination of an animal to which this paragraph applies shall contain the information specified in Schedule 3 to this Order as modified by substituting for the first indent of the declaration in paragraph 3 the following indent —
the official veterinary surgeon has seen —
a record of the tattoo number and microchip number of the animal concerned; and
a rabies vaccination record which shows that —
the animal was vaccinated against rabies after having been tattooed; and
in the case of re-vaccination, that the latest vaccination was carried out before the previous vaccination had expired in accordance with the relevant recommendation in the vaccine manufacturer’s data sheet and is valid;
.
7
For article 7A there shall be substituted the following article —
Qualifying non-European countries and territories
7A
In addition to the provisions of this Order relating to animals travelling from countries or territories in Part I of Schedule 2, pet cats and pet dogs may be brought into England from a country or territory specified in paragraph 1 of Schedule 6 (Qualifying non-European Countries and Territories) if the requirements of the remaining provisions of that Schedule, including any notes to paragraph 1 relating to a country or territory, are complied with.
.
8
In Part I of Schedule 2 for the words “Permitted Countries and Territories” there shall be substituted the words “Qualifying European Countries and Territories”.
9
In Schedule 4 —
a
in the appropriate alphabetical places in the list there shall be inserted the following —
Canada
United States of America(e)
; and
b
after footnote (d) there shall be inserted the following footnote —
e
For the purposes of this Declaration United States of America means the coterminous United States and Alaska and excludes Hawaii and any dependencies or other territories
.
10
For Schedule 6 there shall be substituted the following Schedule —
SCHEDULE 6
Qualifying non-European countries and territories and requirements relating to these
Articles 6(1) and (5), 7(6) and 7A
Qualifying non-European countries and territories
1
The Qualifying non-European countries and territories are —
(a)
A cat which was resident in Australia before departure must at no time have been on a holding where Hendra virus has been confirmed during the 60 days prior to departure. It must be accompanied by a certificate issued by the Australian Veterinary Authorities confirming this. Cats which pass through Australia on the way to England do not need this certificate provided they do not leave the perimeter of the airport while in Australia.
Antigua and Barbuda Fiji Mayotte Ascension Island French Polynesia Montserrat Australia Guadeloupe New Caledonia Bahrain Hawaii New Zealand Barbados Jamaica St Helena Bermuda Japan St Kitts and Nevis Canada La Réunion St Vincent Cayman Islands Martinique Singapore Falkland Islands Mauritius United States of America (which in this Schedule means the coterminous United States and Alaska and excludes Hawaii and any dependencies or other territories) Vanuatu Wallis and Fortuna
Identification
2
1
The animal shall be identified by means of a microchip implanted into its body.
2
If the carrier does not have a reader capable of reading the microchip, the person bringing the animal into England shall provide a reader for the microchip at the time the carrier checks the identity of the animal.
Health status
3
1
The animal shall be vaccinated against rabies as specified in article 6(1), and a blood sample from the animal tested in accordance with article 6(2).
2
If the animal is brought into England from Canada or the United States of America it shall be treated against ticks and Echinococcus multilocularis in the country of export as specified in article 6(4) and article 6(4A).
3
If the animal is brought into England from another country or territory in this Schedule, it shall be treated against ticks and Echinococcus multilocularis in the country of export as specified in article 6(4) and article 6(4A) except that the treatment for ticks shall contain fipronil as the active ingredient.
4
The animal shall not have been outside the countries or territories in Part I of Schedule 2 or Schedule 6 in the six months preceding the animal being brought into England.
Documentation
4
The animal shall be accompanied by —
a
an official health certificate relating to rabies vaccination as specified in article 7, except that the certificate shall be signed either by an official veterinary surgeon of one of the countries or territories in Part I of Schedule 2 or by an official veterinary surgeon of one of the countries or territories in this Schedule;
b
an official health certificate relating to treatment against Echinococcus multilocularis and ticks as specified in article 7; and
c
a written declaration by the person importing the animal that it has not been outside the countries and territories set out in Schedule 4 to this Order in the six months preceding the animal being brought into England as specified in article 7(5).
Means of transport
5
An animal must be transported to England by air (except an animal from Ascension Island, the Falkland Islands or St Helena, which may be transported by sea) by a carrier approved under article 8 from one of the countries or territories in this Schedule.
Seals
6
1
Before transport to England by air, the container in which the animal is transported shall be sealed by an official authorised by the competent authority of the exporting country with the official seal of that authority.
2
The construction of the cage and the location of the seal shall be such that the cage cannot be opened without breaking the seal.
3
The official applying the seal shall write the number of the seal on the health certificate relating to treatment for Echinococcus multilocularis and ticks, sign it and stamp it with the official stamp of the competent authority.
4
If, during transport, the official seal is broken, it shall be replaced by an official authorised by the competent authority of the country or territory in which the seal is broken with the official seal of that authority, who shall certify in writing that, between the time that the original seal was broken and the replacement applied, the animal did not come into contact with any other animals.
Arrival in England by air
7
1
On arrival in England, the carrier shall examine the seal on the animal’s container.
2
If the seal is unbroken (or the container has been re-sealed under paragraph 6(4) and there is a certificate to that effect in accordance with that paragraph accompanying the animal) and its number corresponds to the number of the seal entered on the certificate, the carrier shall check the microchip and the documentation required under paragraph 2 of this Schedule in the manner specified in article 9(1) (and, in the case of a cat arriving from Australia, the certificate relating to the Hendra virus required under paragraph 1 of this Schedule), and shall comply with the provisions of article 9(4) and 9(5)(a).
3
If the seal is missing or is broken (other than in the circumstances described in paragraph 6(4) of this Schedule) or if the number on the seal does not correspond to the number of the seal entered on the certificate, the carrier shall ensure that the animal is taken into quarantine in accordance with article 9(4)(b); but if the Minister is satisfied, after the animal has been taken into quarantine, that the animal was not exposed to risk of infection of rabies during its journey, he may subsequently release the animal from quarantine.
Arrival in England by sea
8
1
If an animal is brought in by sea from Ascension Island, the Falkland Islands or St Helena the carrier shall check the microchip and the documentation required by paragraph 2 of this Schedule in the manner specified in article 9(1).
2
If the carrier is satisfied that the documentation is correct and that, throughout the voyage, the animal has had no contact with any other animal, and has not been put ashore at any point, it shall release the animal to its owner or his representative.
3
If the carrier is not so satisfied, the carrier shall ensure that the animal is taken into quarantine in accordance with article 9(4)(b).
.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
18th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Central Cheshire Primary Care Trust (Establishment) Order 2002 and shall come into force on 6th 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 Central Cheshire 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 6th March 2002 a Primary Care Trust to be called the Central Cheshire 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 hold 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 the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The South Cheshire 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 incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
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; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
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.
4
The Cheshire Community Healthcare 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
26th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Westminster 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 Westminster 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 Westminster 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 Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 and shall come into force on 8th August 2002.
2
The amount of the penalty payable in respect of a penalty offence is —
a
in the case of an offence falling under Part I of the Schedule to this Order, £80; or
b
in the case of an offence falling under Part II of that Schedule, £40.
John Denham
Minister of State
Home Office
16th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Cheshire West Primary Care Trust (Establishment) Order 2002 and shall come into force on 6th 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 Cheshire West 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 6th March 2002 a Primary Care Trust to be called the Cheshire West 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 the following —
a
entering into NHS contracts;
b
entering into other contracts including contracts of employment; and
c
doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from the operational date.
Assistance during the preparatory period
6
1
The South Cheshire 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 incurred during that period as are of a description specified in paragraph (2) and do not in aggregate exceed such amount as may be notified by the Authority to the trust.
2
The liabilities referred to in the preceding paragraph are —
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; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
3
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.
4
The Wirral and West Cheshire Community 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.
5
The Countess of Chester Hospital 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.
6
The Chester and Halton Community 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.
7
The Cheshire Community Healthcare 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
26th February 2002


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