text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002 and shall come into force on the seventh day after the day on which it is made.
Interpretation
2
In this Order —
“the Administration Act ” means the Social Security Administration Act 1992 ;
“the Benefits Act ” means the Social Security Contributions and Benefits Act 1992 ;
“council tax benefit” means the benefit to which section 123(1)(e) of the Benefits Act refers ;
“decisions on claims” means any decisions in relation to those benefits or payments referred to in article 3(1) that fall to be made under or by virtue of —
the Administration Act;
the Benefits Act;
section 34 of the Social Security Act 1998 ; and
the Child Support, Pensions and Social Security Act 2000
and any Regulations and Orders made under those provisions for the time being in force and, for the purposes of this Order, references to decisions include references to any determinations embodied in, or necessary to, a decision;
“discretionary housing payment” means any payment made by virtue of regulations under section 69 of the Child Support, Pensions and Social Security Act 2000;
“housing benefit” means the benefit to which section 123(1)(d) of the Benefits Act refers;
“local authority” means a billing authority, housing authority or local authority as they are defined in section 191 of the Administration Act ;
“subsidy” means rent rebate subsidy, rent allowance subsidy or council tax benefit subsidy as referred to in section 140A(2) of the Administration Act or any grant made under section 70 of the Child Support, Pensions and Social Security Act 2000 (grants towards costs of discretionary housing payments).
Functions which may be contracted out
3
1
In so far as it is not already lawful for functions of a local authority in relation to council tax benefit, discretionary housing payments and housing benefit under the provisions of —
a
the Benefits Act,
b
the Administration Act,
c
section 34 of the Social Security Act 1998, and
d
the Child Support, Pensions and Social Security Act 2000,
and any Regulations and Orders made under those provisions for the time being in force, to be exercised by, or by employees of, such a person (if any) authorised to do so by that authority, any such function of an authority under those provisions (not being a function excluded from section 70 of the Deregulation and Contracting Out Act 1994 by section 71(1) of that Act), other than a function specified in paragraph (2), may, if and in so far as that authority may authorise, be so exercised.
2
The functions referred to in paragraph (1) are —
a
any function relating to the claiming and receipt of subsidy;
b
the issue of a certificate under section 116(3)(b) of the Administration Act (as to the date on which evidence sufficient to justify prosecution came to the local authority’s knowledge);
c
the grant or withdrawal of authorisations under section 110A(3) to (7) of the Administration Act (to exercise the powers of inspection);
d
the function of requiring a person to enter into arrangements under section 110AA of the Administration Act (to allow access to electronic records); and
e
any function under sections 139D to 139H of the Administration Act (directions by the Secretary of State).
Checking requirement attaching to the exercise of functions
4
1
Subject to paragraph (5) an authorisation given under this Order in relation to any function involving decisions on claims shall include the checking requirement specified in paragraph (2), and the authorisation shall be subject to the inclusion of that requirement.
2
The checking requirement shall require the authorised person to —
a
provide a random sample of decisions on claims made on a day, of not less than 10 per cent. of those decisions, to the local authority for checking within two working days of that day;
b
take all reasonable steps to prevent errors identified by the local authority from recurring.
3
When providing a random sample for the purposes of paragraph (2)(a) above, the authorised person shall use such method of random selection as may be specified by the local authority in the authorisation or, where no such method has been specified, the authorised person shall notify the local authority of the method of random selection that has been used.
4
When taking reasonable steps to prevent identified errors from recurring for the purposes of paragraph (2)(b) above, the authorised person shall take such steps to prevent that error from recurring as may be required by the local authority.
5
An authorised person shall be subject to the checking requirement only if he employs at least one other person to carry out the work in relation to the exercise of any function involving decisions on claims.
6
For the purposes of this article “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
Extent of an authorisation
5
1
An authorisation given under this Order in relation to any function involving decisions on claims shall not extend to any decisions on any claims where the authorised person —
a
is a person to whom rent is payable for a dwelling in respect of which the claim is made; or
b
may otherwise be affected financially by reason of a payment of housing benefit under that claim.
2
An authorisation given under this Order in relation to any function involving decisions on claims shall not extend to a decision made by an employee of an authorised person on any claim where that employee —
a
is a person to whom rent is payable for a dwelling in respect of which that claim is made; or
b
may otherwise be affected financially by reason of a payment of housing benefit under that claim.
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 July 2002


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
These Regulations may be cited as the Food (Control of Irradiation) (Amendment) (England) Regulations 2002; they extend to England only and come into force on 14th August 2002.
Amendments to the Food (Control of Irradiation) Regulations 1990
2
1
The Food (Control of Irradiation) Regulations 1990 are amended insofar as they extend to England in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) the definition of “the Directives” is revoked.
3
In regulation 7 (activities taking place in Northern Ireland) the phrase “, as the case may be” is revoked in the two places where it appears.
4
In paragraph 1(gg) of Part I of Schedule 1 (irradiation licences) —
a
the words “the identity and qualifications” are substituted for the word “details”; and
b
the words “and that person’s position within the applicant’s management structure” are inserted at the end.
5
In paragraph 1(1)(a) of Part III of Schedule 1 —
a
the words “one of the seven permitted” are revoked; and
b
the words “will remain appropriate if that variation is effected” are substituted for the words “are appropriate to the new description of food”.
6
In paragraph 2(a)(i) of Part VI of Schedule 1, the sum “£1,500” is substituted for the sum “£1,5000”.
7
In sub-paragraphs (3), (4) and (5) of paragraph 3 of Part II of Schedule 2 (importation of food) the words “or territory” are inserted after the word “country” in each place where it appears.
8
In paragraph 3(4) of Part II of Schedule 2, the phrase “sub-paragraph (3)” is substituted for the phrase “sub-paragraph (2)”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
23rd July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Tameside & Glossop Community and Priority Services National Health Service Trust (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Tameside & Glossop Community and Priority Services National Health Service Trust ;
“the new Trust” means the Pennine Care 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 both the old Trust and the new Trust on 6th February 2002.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation and commencement
1
This Order shall be cited as the Hamilton Oxford Schools Partnership Education Action Zone (Extension) Order 2002 and shall come into force on 6th September 2002.
Interpretation
2
In this Order —
“Hamilton Oxford Schools Partnership Education Action Zone” means the Education Action Zone established by the Hamilton Oxford Schools Partnership Education Action Zone Order 1999 .
The extension of the Hamilton Oxford Schools Partnership Education Action Zone
3
The Hamilton Oxford Schools Partnership Education Action Zone is extended for a further period of two years beginning with 6th September 2002.
David Miliband
Minister of State,
Department for Education and Skills
8th August 2002


text:
Title, extent and commencement
1
This Order may be cited as The Plant Health ( Phytophthora ramorum ) (England) (No. 2) Order 2002, shall extend to England, and shall come into force on 1st November 2002.
Interpretation
2
In this Order —
“European Community” has the same meaning as in article 2 of the principal Order ;
“inspector” means any person authorised to be an inspector for the purposes of the principal Order;
“origin” means, in respect of susceptible material, the place where the material is grown or produced, and “originating” shall be construed accordingly;
“ Phytophthora ramorum ” refers to the pest Phytophthora ramorum Werres, De Cock & Man in `t Veld sp. nov;
“phytosanitary certificate” means a certificate duly completed in the form set out in Schedule 14 to the principal Order and issued in compliance with the provisions of this Order;
“place of production” has the same meaning as in the principal Order;
“plant” has the same meaning as in the principal Order, save that fruit in the botanical sense and seeds are excluded;
“plant passport” has the same meaning as in article 2(1) of the principal Order, save that references in that article to “the provisions of [that] Order” are to be construed as if referring to provisions of this Order;
“plant product” has the same meaning as in article 2(1) of the principal Order;
“the principal Order” means the Plant Health (Great Britain) Order 1993 ;
“reforwarding phytosanitary certificate” has the same meaning as in article 2(1) of the principal Order;
“susceptible forest material” means Quercus spp. L. and Lithocarpus densiflorus (H & A); and
“susceptible material” means, in the case of material originating in the United States of America (“ USA ”), plants of the species and genera listed in the first column of Schedule 1, and in all other cases, plants of Rhododendron spp. L., other than Rhododendron simsii Planch., and Viburnum spp.L.
Prohibition against the introduction and spread of Phytophthora ramorum into and within England
3
Subject to article 12, no person shall —
a
introduce Phytophthora ramorum into England; or
b
spread Phytophthora ramorum within England.
Imports of susceptible material from the USA
4
1
Subject to article 6, no person shall import into England susceptible material originating in the USA unless:
a
it is accompanied by a phytosanitary certificate issued in accordance with the requirements of Schedule 1, or a certified copy thereof in the case of material for which a reforwarding phytosanitary certificate has also been issued; and
b
upon examination by an inspector, it is found free from Phytophthora ramorum .
2
Susceptible material imported in breach of this article shall be prohibited within the meaning of the Customs and Excise Management Act 1979.
Movement of susceptible material originating in third countries
5
Subject to article 6, where susceptible material originating in the USA or in any other third country has been imported into England, no person shall move that material —
a
within England;
b
to another part of the United Kingdom;
c
to the Isle of Man or the Channel Islands; or
d
to another member State
unless (subject to article 9(3) in the case of movement within England) it is accompanied by a plant passport.
Exemptions from the requirements of articles 4 and 5
6
The requirements of articles 4 and 5 shall not apply to susceptible material originating in the USA which is despatched to the European Community from the USA before 1st November 2002.
Movement of susceptible material originating in England and elsewhere in the European Community
7
1
No person shall move into England susceptible material originating elsewhere in the United Kingdom or another member State, or in the Isle of Man or Channel Islands, unless it is accompanied by a plant passport and meets the requirements of Schedule 2.
2
No person acting in the course of a trade, business or other undertaking shall move susceptible material produced in England from its place of production unless the material is accompanied by a plant passport and meets the requirements of Schedule 2.
Official registration
8
1
Subject to paragraph (3), no person who produces susceptible material may move that material unless he is registered as producer pursuant to articles 15 and 16 of the principal Order or to paragraph (2) of this article.
2
A producer of susceptible material who is not registered as a producer under the principal Order:
a
may apply for registration under articles 15 and 16 of the principal Order as if the application were provided for by that Order;
b
shall meet the requirements of those articles as if his application had been made under the principal Order; and
c
shall be treated by the Secretary of State, in respect of such an application and any consequent registration, as if the application were provided for by the principal Order.
3
This article shall not apply to persons who produce susceptible material or who move susceptible material which they have produced if they do so other than in the course of a trade, business or other undertaking.
Plant passports
9
1
The following articles of the principal Order shall apply in respect of a plant passport required under articles 5 or 7, as appropiate, of this Order:
a
article 11(3), as if —
i
a phytosanitary certificate had been issued in respect of susceptible material which complied with this Order; and
ii
reference to “Part A of Schedule 5” of the principal Order were to article 5 of this order;
b
article 14(1), as if the plant passport were issued in respect of susceptible material; and
c
article 14(2) to (8).
2
For the purposes of carrying out an examination of susceptible material upon its entry to England an inspector may, by notice in writing served on the consignee of any susceptible material which has been or is to be imported into England, specify premises and require the removal of that material to those premises in such manner and within such period as may be specified in the notice.
3
Movement of susceptible material in compliance with a notice served under paragraph (2) shall not constitute movement requiring a plant passport pursuant to article 5(a)
4
Subject to paragraph (6), a person who holds the Secretary of State’s authority under article 17 of the principal Order to produce, store and issue plant passports on behalf of a business is also authorised under this Order to produce, store and issue plant passports required under this Order on behalf of that business.
5
A person not authorised pursuant to paragraph (4) may be authorised by the Secretary of State, subject to any conditions she sees fit, to produce, store and issue plant passports required under this Order on behalf of any business, individual or other organisation, if:
a
the person seeking authority is registered as a producer of susceptible material pursuant to article 8; and
b
a satisfactory inspection has been carried out by an inspector of the place of production of susceptible material in respect of which authority is sought, any part thereof or any other premises handling any susceptible material, for the purposes of ascertaining the plant health status of the susceptible material at that place or those premises in relation to Phytophthora ramorum and any plants or plant products there.
6
Authority conferred upon a person under paragraphs (4) or (5) to produce, store and issue plant passports required under this Order may be withdrawn by an inspector where the inspector is satisfied that the provisions of this Order in respect of plant passports are not being met by that person.
Phytosanitary certificates
10
1
The following provisions of the principal Order shall apply to a phytosanitary certificate required under this Order:
a
article 12(1);
b
article 12(4) as if references to the principal Order were to this Order;
c
article 12(5) and (6);
d
article 12(7) as if susceptible material were “plants” within the meaning of that article; and
e
article 13.
2
Where a consignment of susceptible material for which a phytosanitary certificate is required and has been issued pursuant to article 4 has been consigned to, stored, repacked or split up in a third country other than that in which the certificate was issued, the original phytosanitary certificate or a certified copy thereof shall accompany the material together with a reforwarding phytosanitary certificate issued by the official plant health service of that third country.
Phytosanitary certificates or plant passports issued outside England
11
Any phytosanitary certificate or plant health passport issued for the purposes of this Order by or with the authority of an official plant health service of a third country, Member State or another part of the United Kingdom, or the Channel Islands or Isle of Man, shall be deemed to have been issued in accordance with the relevant requirements of Schedules 1 and 2.
Licences for scientific or research purposes
12
The provisions of article 30A (“article 30A”) of the principal Order (Licences for trial or scientific purposes and for work on varietal selections) shall apply in respect of the importation, movement and keeping of Phytophthora ramorum which would otherwise be prohibited under this Order as if the pest were a plant pest the importation, movement, or keeping of which, but for a licence granted under the principal Order, would be prohibited, save that nothing in this paragraph shall affect the application of article 30A(2)(d) in respect of a licence granted by virtue of this article.
Powers of an inspector
13
1
An inspector may, for the purposes of checking compliance with this Order or with the terms of a licence issued under article 12 —
a
exercise the power conferred by article 25(1)(a) and (b) of the principal Order (subject to article 28 of that Order), as if checking compliance with the principal Order; and
b
having entered premises by virtue of sub-paragraph (a), require production of documentation or records (in whatever form they may be held) relating to the production of or trade in any susceptible material and may examine and copy such documentation or records.
2
Where documentation or records required to be examined by an inspector pursuant to paragraph (1)(b) are kept by means of a computer, an inspector may —
a
require access to any computer and any associated apparatus or material which is or has been in use in connection with the documentation or records; and
b
require any person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material, to afford him such assistance as he may reasonably require.
Offences
14
1
A person shall be guilty of an offence if, without reasonable excuse, proof of which shall lie on him —
a
he contravenes or fails to comply with articles 3(b), 5, 7(2), 8(1); or
b
he intentionally obstructs an inspector in the exercise of his powers given by or under article 13(1)(b) or (2).
2
A person shall be guilty of an offence if, for the purpose of procuring the authority to issue a plant passport under this Order, he:
a
makes a statement which he knows to be false in a material particular;
b
recklessly makes a statement which is false in a material particular; or
c
intentionally fails to disclose any material information.
3
A person shall be guilty of an offence if he dishonestly issues a false plant passport under this Order.
4
A person shall be guilty of an offence if he dishonestly alters a plant passport affixed to susceptible material or re-uses a plant passport for susceptible material which is not the material for which the plant passport was issued.
5
A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Revocation and saving
15
1
Subject to paragraph 2 below, the Plant Health ( Phytophthora ramorum ) (England) Order 2002 (“the first Phytophthora ramorum Order”) is revoked.
2
Article 3 of the first Phytophthora ramorum Order shall apply in respect of susceptible material (as defined in article 2 of first Phytophthora ramorum Order) which is despatched from the USA before 1st November 2002 and which enters England on or after 1st November 2002.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
11th October 2002


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2002 and shall come into force on 1st September 2002.
2
The Education (Mandatory Awards) Regulations 2002 shall be amended in accordance with these Regulations.
3
In paragraph 2(1) of Schedule 3 for “subject to paragraph (2)” substitute “subject to paragraph (3)”.
4
1
Schedule 5 (Sandwich Courses) shall be amended as follows.
2
In paragraph 1(1)(e) omit “a necessary”.
3
For paragraph (1)(1)(g)(i) substitute —
i
a Health Authority or a Strategic Health Authority established pursuant to section 8 of the National Health Service Act 1977 or a Special Health Authority established pursuant to section 11 of that Act ;
.
David Miliband
Minister of State,
Department for Education and Skills
6th August 2002


text:
Citation and commencement
1
These Regulations may be cited as the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 and shall come into force on 8th December 2002.
Interpretation
2
1
In these Regulations —
“adopter”, in relation to a child, means a person with whom the child is matched for adoption;
“adoption leave” means leave under section 75A of the Employment Rights Act 1996 ;
“adoption pay period” means the period prescribed under section 171ZN(2) of the Contributions and Benefits Act as the period in respect of which statutory adoption pay is payable to a person;
“ the Board ” means the Commissioners of Inland Revenue;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“contributions payments” has the same meaning as in section 7 of the Employment Act ;
“the Contributions Regulations ” means the Social Security (Contributions) Regulations 2001 ;
“the Employment Act” means the Employment Act 2002;
“income tax month” means the period beginning on the 6th day of any calendar month and ending on the 5th day of the following calendar month;
“income tax quarter” means the period beginning on the 6th day of April and ending on the 5th day of July, the period beginning on the 6th day of July and ending on the 5th day of October, the period beginning on the 6th day of October and ending on the 5th day of January or the period beginning on the 6th day of January and ending on the 5th day of April;
“paternity leave” means leave under section 80A or section 80B of the Employment Rights Act 1996 ;
“paternity pay period” means the period determined in accordance with section 171ZE(2) of the Contributions and Benefits Act as the period in respect of which statutory paternity pay is payable to a person;
“statutory adoption pay” means any payment under section 171ZL of the Contributions and Benefits Act;
“statutory paternity pay” means any payment under section 171ZA or section 171ZB of the Contributions and Benefits Act;
“tax year” means the 12 months beginning with 6th April in any year;
“writing” includes writing delivered by means of electronic communications approved by directions issued by the Board pursuant to regulations under section 132 of the Finance Act 1999
2
Any reference in these Regulations to the employees of an employer includes former employees of his.
Funding of employers' liabilities to make payments of statutory paternity or statutory adoption pay
3
1
An employer who has made any payment of statutory paternity pay or statutory adoption pay shall be entitled —
a
to an amount equal to 92 per cent. of such payment; or
b
if the payment qualifies for small employer’s relief by virtue of section 7(3) of the Employment Act —
i
to an amount equal to such payment; and
ii
to an additional payment equal to the amount to which the employer would have been entitled under section 167(2)(b) of the Contributions and Benefits Act had the payment been a payment of statutory maternity pay.
2
The employer shall be entitled in either case (a) or case (b) to apply for advance funding in respect of such payment in accordance with regulation 4, or to deduct it in accordance with regulation 5 from amounts otherwise payable by him.
Application for funding from the Board
4
1
If an employer is entitled to a payment determined in accordance with regulation 3 in respect of statutory paternity pay or statutory adoption pay which he is required to pay to an employee or employees for an income tax month or income tax quarter, and the payment exceeds the aggregate of —
a
the total amount of tax which the employer is required to pay to the collector of taxes in respect of the deductions from the emoluments of his employees in accordance with the Income Tax (Employments) Regulations 1993 for the same income tax month or income tax quarter,
b
the total amount of the deductions made by the employer from the emoluments of his employees for the same income tax month or income tax quarter in accordance with regulations under section 22(5) of the Teaching and Higher Education Act 1998 or section 73B of the Education (Scotland) Act 1980 or in accordance with article 3(5) of the Education (Student Support) (Northern Ireland) Order 1998 ,
c
the total amount of contributions payments which the employer is required to pay to the collector of taxes in respect of the emoluments of his employees (whether by means of deduction or otherwise) in accordance with the Contributions Regulations for the same income tax month or income tax quarter, and
d
the total amount of payments which the employer is required to pay to the collector of taxes in respect of the deductions made on account of tax from payments to sub-contractors in accordance with section 559 of the Income and Corporation Taxes Act 1988 for the same income tax month or income tax quarter,
the employer may apply to the Board in accordance with paragraph (2) for funds to pay the statutory paternity pay or statutory adoption pay (or so much of it as remains outstanding) to the employee or employees.
2
Where —
a
the condition in paragraph (1) is satisfied, or
b
the employer considers that the condition in paragraph (1) will be satisfied on the date of any subsequent payment of emoluments to one or more employees who are entitled to payment of statutory paternity pay or statutory adoption pay,
the employer may apply to the Board for funding in a form approved for that purpose by the Board.
3
An application by an employer under paragraph (2) shall be for an amount up to, but not exceeding, the amount of the payment to which the employer is entitled in accordance with regulation 3 in respect of statutory paternity pay and statutory adoption pay which he is required to pay to an employee or employees for the income tax month or income tax quarter to which the payment of emoluments relates.
Deductions from payments to the Board
5
An employer who is entitled to a payment determined in accordance with regulation 3 may recover such payment by making one or more deductions from the aggregate of the amounts specified in sub-paragraphs (a) to (d) of regulation 4(1) except where and in so far as —
a
those amounts relate to earnings paid before the beginning of the income tax month or income tax quarter in which the payment of statutory paternity pay or statutory adoption pay was made;
b
those amounts are paid by him later than six years after the end of the tax year in which the payment of statutory paternity pay or statutory adoption pay was made;
c
the employer has received payment from the Board under regulation 4; or
d
the employer has made a request in writing under regulation 4 that the payment to which he is entitled in accordance with regulation 3 be paid to him and he has not received notification by the Board that the request is refused.
Payments to employers by the Board
6
If the total amount which an employer is or would otherwise be entitled to deduct under regulation 5 is less than the payment to which the employer is entitled in accordance with regulation 3 in an income tax month or income tax quarter, and the Board are satisfied that this is so, then provided that the employer has in writing requested them to do so, the Board shall pay the employer such amount as the employer was unable to deduct.
Date when certain contributions are to be treated as paid
7
Where an employer has made a deduction from a contributions payment under regulation 5, the date on which it is to be treated as having been paid for the purposes of section 7(5) of the Employment Act (when amount deducted from contributions payment to be treated as paid and received by the Board) is —
a
in a case where the deduction did not extinguish the contributions payment, the date on which the remainder of the contributions payment or, as the case may be, the first date on which any part of the remainder of the contributions payment was paid; and
b
in a case where the deduction extinguished the contributions payment, the 14th day after the end of the income tax month or income tax quarter during which there were paid the earnings in respect of which the contributions payment was payable.
Overpayments
8
1
This regulation applies where funds have been provided to the employer pursuant to regulation 4 in respect of one or more employees and it appears to an officer of the Board that the employer has not used the whole or part of those funds to pay statutory paternity pay or statutory adoption pay.
2
An officer of the Board shall decide to the best of his judgement the amount of funds provided pursuant to regulation 4 and not used to pay statutory paternity pay or statutory adoption pay and shall serve notice in writing of his decision on the employer.
3
A decision under this regulation may cover funds provided pursuant to regulation 4 —
a
for any one income tax month or income tax quarter, or more than one income tax month or income tax quarter, in a tax year, and
b
in respect of a class or classes of employees specified in the decision notice (without naming the individual employees), or in respect of one or more employees named in the decision notice.
4
Subject to the following provisions of this regulation, Part 6 of the Taxes Management Act 1970 (collection and recovery) shall apply with any necessary modifications to a decision under this regulation as if it were an assessment and as if the amount of funds determined were income tax charged on the employer.
5
Where an amount of funds determined under this regulation relates to more than one employee, proceedings may be brought for the recovery of that amount without distinguishing the amounts making up that sum which the employer is liable to repay in respect of each employee and without specifying the employee in question, and the amount determined under this regulation shall be one cause of action or one matter of complaint for the purposes of proceedings under section 65, 66 or 67 of the Taxes Management Act 1970 .
6
Nothing in paragraph (5) prevents the bringing of separate proceedings for the recovery of any amount which the employer is liable to repay in respect of each employee.
Records to be maintained by employers
9
Every employer shall maintain for three years after the end of a tax year in which he made payments of statutory paternity pay or statutory adoption pay to any employee of his a record of —
a
if the employee’s paternity pay period or adoption pay period began in that year —
i
the date on which that period began, and
ii
the evidence of entitlement to statutory paternity pay or statutory adoption pay provided by the employee pursuant to regulations made under section 171ZC(3)(c) or section 171ZL(8)(c) of the Contributions and Benefits Act;
b
the weeks in that tax year in which statutory paternity pay or statutory adoption pay was paid to the employee and the amount paid in each week; and
c
any week in that tax year which was within the employee’s paternity pay period or adoption pay period but for which no payment of statutory paternity pay or statutory adoption pay was made to him and the reason no payment was made.
Inspection of employers' records
10
1
Every employer, whenever called upon to do so by any authorised officer of the Board, shall produce the documents and records specified in paragraph (2) to that officer for inspection, at such time as that officer may reasonably require, at the prescribed place.
2
The documents and records specified in this paragraph are —
a
all wages sheets, deductions working sheets, records kept in accordance with regulation 9 and other documents and records whatsoever relating to the calculation or payment of statutory paternity pay or statutory adoption pay to his employees in respect of the years specified by such officer; or
b
such of those wages sheets, deductions working sheets, or other documents and records as may be specified by the authorised officer.
3
The “prescribed place” mentioned in paragraph (1) means —
a
such place in Great Britain as the employer and the authorised officer may agree upon; or
b
in default of such agreement, the place in Great Britain at which the documents and records referred to in paragraph (2)(a) are normally kept; or
c
in default of such agreement and if there is no such place as is referred to in sub-paragraph (b) above, the employer’s principal place of business in Great Britain.
4
The authorised officer may —
a
take copies of, or make extracts from, any document or record produced to him for inspection in accordance with paragraph (1);
b
remove any document or record so produced if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period.
5
Where any document or record is removed in accordance with paragraph (4)(b), the authorised officer shall provide —
a
a receipt for the document or record so removed; and
b
a copy of the document or record, free of charge, within seven days, to the person by whom it was produced or caused to be produced where the document or record is reasonably required for the proper conduct of a business.
6
Where a lien is claimed on a document produced in accordance with paragraph (1), the removal of the document under paragraph (4)(b) shall not be regarded as breaking the lien.
7
Where records are maintained by computer, the person required to make them available for inspection shall provide the authorised officer with all facilities necessary for obtaining information from them.
Provision of information relating to entitlement to statutory paternity pay or statutory adoption pay
11
1
Where an employer who has been given evidence of entitlement to statutory paternity pay or statutory adoption pay pursuant to regulations made under section 171ZC(3)(c) or section 171ZL(8)(c) of the Contributions and Benefits Act by a person who is or has been an employee decides that he has no liability to make payments of statutory paternity pay or statutory adoption pay to the employee, the employer shall furnish the employee with details of the decision and the reasons for it.
2
Where an employer who has been given such evidence of entitlement to statutory adoption pay has made one or more payments of statutory adoption pay to the employee but decides, before the end of the adoption pay period, that he has no liability to make further payments to the employee because he has been detained in legal custody or sentenced to a term of imprisonment which was not suspended, the employer shall furnish the employee with —
a
details of his decision and the reasons for it; and
b
details of the last week in respect of which a liability to pay statutory adoption pay arose and the total number of weeks within the adoption pay period in which such a liability arose.
3
The employer shall —
a
return to the employee any evidence provided by him as referred to in paragraph (1) or (2); and
b
comply with the requirements imposed by paragraph (1) within 28 days of —
i
in the case of entitlement to statutory paternity pay under section 171ZA(1) of the Contributions and Benefits Act, the day the employee gave notice of his intended absence or the end of the fifteenth week before the expected week of birth, whichever is the later, or
ii
in the case of entitlement to statutory paternity pay under section 171ZB(1) or of statutory adoption pay under section 171ZL(1) of the Contributions and Benefits Act, the end of the seven-day period that starts on the date on which the adopter is notified of having been matched with the child;
c
comply with the requirements imposed by paragraph (2) within seven days of being notified of the employee’s detention or sentence.
4
For the purposes of paragraph (3)(b)(ii), an adopter is notified of having been matched with a child on the date on which he receives notification, under regulation 11(2) of the Adoption Agencies Regulations 1983 or regulation 12(3) of the Adoption Agencies (Scotland) Regulations 1996 that an adoption agency has decided that he would be a suitable adoptive parent for the child.
Application for the determination of any issue arising as to, or in connection with, entitlement to statutory paternity pay or statutory adoption pay
12
1
An application for the determination of any issue arising as to, or in connection with, entitlement to statutory paternity pay or statutory adoption pay may be submitted to an officer of the Board by the employee concerned.
2
Such an issue shall be decided by an officer of the Board only on the basis of such an application or on his own initiative.
Applications in connection with statutory paternity pay or statutory adoption pay
13
1
An application for the determination of any issue referred to in regulation 12 shall be made in a form approved for the purpose by the Board.
2
Where such an application is made by an employee, it shall —
a
be made to an officer of the Board within six months of the earliest day in respect of which entitlement to statutory paternity pay or statutory adoption pay is in issue;
b
state the period in respect of which entitlement to statutory paternity pay or statutory adoption pay is in issue; and
c
state the grounds (if any) on which the applicant’s employer had denied liability for statutory paternity pay or statutory adoption pay in respect of the period specified in the application.
Provision of information
14
1
Any person specified in paragraph (2) shall, where information or documents are reasonably required from him to ascertain whether statutory paternity pay or statutory adoption pay is or was payable, furnish that information or those documents within 30 days of receiving a notification from an officer of the Board requesting such information or documents.
2
The requirement to provide such information or documents applies to —
a
any person claiming to be entitled to statutory paternity pay or statutory adoption pay;
b
any person who is, or has been, the spouse or partner of such a person as is specified in paragraph (a);
c
any person who is, or has been, an employer of such a person as is specified in paragraph (a);
d
any person carrying on an agency or other business for the introduction or supply to persons requiring them of persons available to do work or to perform services; and
e
any person who is a servant or agent of any such person as is specified in paragraphs (a) to (d).
Alan Johnson,
Minister of State for Employment Relations, Industry and the Regions,
Department of Trade and Industry
11th November 2002
The Commissioners of Inland Revenue hereby concur
Nick Montagu,
Ann Chant,
Two of the Commissioners of Inland Revenue
13th November 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Heart of Birmingham Teaching Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Heart of Birmingham 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 20th March 2002 a Primary Care Trust to be called the Heart of Birmingham 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, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Birmingham Health Authority (“the Authority”) shall meet the costs of the trust performing its functions during the preparatory period by discharging such of the liabilities of the trust which it has reasonably incurred during that period for the purpose of enabling it to carry out its functions with effect from the operational date and which do not in aggregate exceed such amount as may be notified by the Authority to the trust, including —
a
liability for the remuneration and travelling or other allowances of the chairman and members of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also members of the trust;
c
liability for the remuneration of officers of the trust.
2
The Authority shall make available to the trust during the preparatory period —
a
premises and other facilities of the Authority; and
b
officers of the Authority.
3
The Birmingham Specialist Community Health National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of King’s Lynn and West Norfolk (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“borough” means the borough of King’s Lynn and West Norfolk;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the Borough of King’s Lynn and West Norfolk (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of King’s Lynn and West Norfolk Borough Council.
Wards of the borough of King’s Lynn and West Norfolk
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into forty-two wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes and parish wards or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Downham Market
4
The parish of Downham Market shall be divided into four parish wards which shall bear the names Downham Old Town, East Downham, North Downham and South Downham; and each parish ward shall comprise the area of the borough ward bearing the same name; and the number of parish councillors to be elected for each parish ward shall be five.
Wards of the parish of Walsoken
5
The parish of Walsoken shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2), and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
6
King’s Lynn and West Norfolk Borough Council shall make a print of the map marked “Map referred to in the Borough of King’s Lynn and West Norfolk (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
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
8
The Borough of West Norfolk (Electoral Arrangements) Order 1979 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th December 2002
Glyn Mathias
Commissioner
12th December 2002
Neil McIntosh
Commissioner
12th December 2002
Karamjit Singh
Commissioner
18th December 2002
Sam Younger
Commissioner
12th December 2002
Graham Zellick
Commissioner
12th December 2002


text:
Citation and commencement
1
1
This Order may be cited as the Bootle and Litherland Primary Care Trust (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ Principal Order ” means the Bootle and Litherland Primary Care Trust (Establishment) Order 2001 ;
“ the trust ” means the Primary Care Trust established by the Principal Order.
Change of name of Primary Care trust and transitional provisions
2
1
The trust shall be called the South Sefton Primary Care Trust instead of the Bootle and Litherland Primary Care Trust, and accordingly in article 1 of the Principal Order in the definition of “the trust”, and in article 2 of the Principal Order, for “Bootle and Litherland” there shall be substituted “South Sefton”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of Schedule to the Principal Order
3
For the Schedule to the Principal Order, there is substituted the following Schedule: —
SCHEDULE
AREA OF TRUST
Article 3
In the Borough of Sefton —
The Electoral Wards of —
Blundellsands, Church, Derby, Ford, Linacre, Litherland, Manor, Molyneux, Netherton and Orrell, Park, St. Oswald, Sudell, Victoria.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
24th March 2002


text:
1
1
This Order may be cited as the Value Added Tax (Consideration for Fuel Provided for Private Use) Order 2002 and comes into force on 1st May 2002.
2
It takes effect in relation to a taxable person from the beginning of his first prescribed accounting period beginning after 30th April 2002.
2
For Table A in section 57 of the Value Added Tax Act 1994 , substitute the following —
TABLE A
Description of vehicle (Type of engine and cylinder capacity in cubic centimetres) 12 month period £ 3 month period £ 1 month period £
Diesel engine 2000 or less 850.00 212.00 70.00 More than 2000 1075.00 268.00 89.00 Any other type of engine 1400 or less 905.00 226.00 75.00 More than 1400 but not more than 2000 1145.00 286.00 95.00 More than 2000 1690.00 422.00 140.00
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
17th April 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Seeds (Fees) (Amendment) (England) Regulations 2002, shall extend to England and shall come into force on 23rd July 2002.
Amendment
2
For Schedules 1 to 6 to the Seeds (Fees) Regulations 1985 there shall be substituted the Schedules set out in the Schedule to these Regulations.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
12th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Swindon Primary Care Trust (Establishment) Order 2002 and shall come into force on 14th 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 Swindon 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 14th March 2002 a Primary Care Trust to be called the Swindon Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Wiltshire 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 premises and other facilities of the Authority available to the trust during the preparatory period.
3
The Wiltshire and Swindon 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.
4
The Swindon and Marlborough 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
3rd March 2002


text:
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Reserve Tax (Extension of Exceptions relating to Recognised Exchanges) Regulations 2002 and shall come into force on 26th July 2002.
2
The application of the provisions specified in section 117(2) of the Finance Act 2002 is extended to the market known as OFEX.
Ian Pearson
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Prescribed Form and Particulars) (Amendment) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
Amendments
2
The form set out in the Schedule to the Housing Renewal Grants (Prescribed Form and Particulars) Regulations 1996 is amended as set out in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Falconer
Minister of State,
Department for Transport Local Government and the Regions
11th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Road Traffic (NHS Charges) Amendment Regulations 2002 and shall come into force on 8th February 2002.
2
In these Regulations, “the principal Regulations ” means the Road Traffic (NHS Charges) Regulations 1999 ,
3
These Regulations extend to England and Wales
Amendment of regulation 4 of the principal Regulations
2
For regulation 4 of the principal Regulations (amount of NHS Charges — Incidents on or after 2nd July 1997) substitute the following —
4
1
This regulation applies to any compensation payment made in respect of an incident which occurred on or after 2nd July 1997.
2
Where this regulation applies, a certificate shall, for the purpose of section 3(2), specify —
a
where the traffic casualty received NHS treatment at a hospital in respect of his injury, but was not admitted to hospital, the amount of £354, or
b
subject to paragraphs (3) and (4), where the traffic casualty received NHS treatment at a hospital in respect of his injury and was admitted to hospital, the sum of £435 for each day, or part day, of admission.
3
Where the traffic casualty was admitted to hospital on one day and discharged on another day, the day of discharge shall be disregarded for the purposes of paragraph (2)(b).
4
The maximum amount which may be specified in a certificate to which paragraph (2)(b) applies shall be £10,000.
.
Transitional Provision and Saving
3
1
In respect of a certificate relating to an incident which occurred on or after 28th January and before 8th February 2002 the NHS charges under section 1(2) shall be determined by reference to —
a
the amount specified in sub-paragraph (a) or (b) of paragraph (2) of regulation 4 of the principal Regulations in force on each day of the treatment covered by the certificate, and
b
the maximum amount specified in paragraph (4) of regulation 4 of the principal Regulations in force on the date on which the certificate is issued.
2
In respect of a certificate relating to an incident which occurred on or after 2nd July 1997 and before 28th January 2002 the NHS charges under section 1(2) shall be determined by reference to the amount specified in sub-paragraph (a) or (b) of paragraph (2) of regulation 4 of the principal Regulations and the maximum amount specified in paragraph (4) of regulation 4 of the principal Regulations in force on the day the incident occurred.
3
In this regulation expressions used have the same meaning as in the principal Regulations.
Revocation
4
The Road Traffic (NHS Charges) Amendment Regulations 2001 are hereby revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State
Department of Health
7th February 2002


text:
1
This Order may be cited as the Geneva Conventions (Amendment) Act (Overseas Territories) Order 2002. It shall come into force on 1st May 2002.
2
The provisions of the Geneva Conventions (Amendment) Act 1995 shall extend to the Territories specified in Schedule 1 hereto, subject to the exceptions and modifications specified in Schedule 2 hereto.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Information) (Housing Benefit and Council Tax Benefit) Regulations 2002 and shall come into force on 17th May 2002.
Interpretation
2
In these Regulations —
“local authority” means an authority administering housing benefit or council tax benefit;
“relevant authority” means —
the Secretary of State, or
a person providing services to the Secretary of State;
“relevant information” means information or evidence relating to the administration of claims to or awards of housing benefit or council tax benefit.
Collection of information
3
1
A relevant authority may obtain relevant information, from —
a
persons making, or who have made, claims to housing benefit or council tax benefit; or
b
other persons in connection with such claims.
2
In paragraph (1) above references to persons who have made claims to housing benefit or council tax benefit include persons to whom awards of benefit have been made on those claims.
Recording and holding information
4
A relevant authority which obtains relevant information or to whom such information is supplied shall —
a
make a record of such information; and
b
hold that information, whether as supplied or obtained or as recorded.
Forwarding of information
5
A relevant authority which holds relevant information —
a
shall forward it to the person or authority for the time being administering claims to or awards of housing benefit or council tax benefit to which the relevant information relates, being either —
i
a local authority;
ii
a person providing services to a local authority; or
iii
a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit; and
b
may continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as it considers appropriate.
Request for information
6
A relevant authority which holds information or evidence relating to social security matters shall forward such information or evidence as may be requested to the person or authority making that request, provided that —
a
the request is made by —
i
a local authority;
ii
a person providing services to a local authority; or
iii
a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit; and
b
the information or evidence requested includes relevant information;
c
the relevant authority is able to provide the information or evidence requested in the form in which it was originally supplied or obtained; and
d
provision of the information or evidence requested is considered necessary by the relevant authority to the proper performance by a local authority of its functions relating to housing benefit or council tax benefit.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
17th April 2002


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2002 and comes into force on 25th April 2002.
2
In Schedule 1 to the Value Added Tax Act 1994 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a), (1)(b), (2)(a) and (2)(b), for “£54,000” substitute “£55,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£52,000” substitute “£53,000”.
3
In Schedule 3 to the Value Added Tax Act 1994 (registration in respect of acquisitions from other member States) —
a
in paragraph 1(1) and (2); and
b
in paragraph 2(1)(a), (1)(b) and (2),
for “£54,000” substitute “£55,000”.
Tony McNulty
Anne McGuire
Two of the Lords Commissioners of Her Majesty’s Treasury
17th April 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (T-Systems Limited) Order 2002 and shall come into force on 12th July 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Stephen Timms
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
11th June 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kennet and North Wiltshire Primary Care Trust (Establishment) Order 2002 and shall come into force on 14th 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 Kennet and North Wiltshire 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 14th March 2002 a Primary Care Trust to be called the Kennet and North Wiltshire Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Wiltshire 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 premises and other facilities of the Authority available to the trust during the preparatory period.
3
The Wiltshire and Swindon 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
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
3rd March 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2002.
2
These Regulations shall come into force on 1st October 2002 and shall apply to all accounts, whether set up before or after that date.
Interpretation
2
In these Regulations “the principal Regulations ” means the Individual Savings Account Regulations 1998 and “regulation” means a regulation of the principal Regulations.
Amendments to the principal Regulations
3
1
Amend regulation 4 as follows.
2
In paragraph (6)(f) —
a
for the words from “at” to “agreed” substitute “on the instructions of the account investor (“the transfer instructions”) and within such time as is stipulated by the account investor in the transfer instructions”;
b
for the word “may” (where it secondly appears) substitute “shall”.
3
After paragraph (6)(f) insert —
fa
that on the instructions, subject to regulation 9(3)(b), of the account investor (“the withdrawal instructions”) and within such time as is stipulated by the account investor in the withdrawal instructions, account investments, interest, dividends, rights or other proceeds in respect of such investments or any cash shall be transferred or paid to him;
4
After paragraph (6) insert —
7
The time stipulated in transfer instructions or withdrawal instructions shall be subject to any reasonable business period (not exceeding 30 days) of the account manager required for the practical implementation of the instructions.
4
Omit regulation 12(3)(g)(iii) .
5
Omit regulation 13(4)(h)(iii) .
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Relocation Grants (Form of Application) (Amendment) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
Amendments
2
The form set out in the Schedule to the Relocation Grants (Form of Application) Regulations 1997 is amended as set out in the Schedule to these Regulations.
Application
3
These Regulations shall not have effect in relation to applications for a grant made before the date on which these Regulations come into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Falconer,
Minister of State,
Department for Transport, Local Government and the Regions
11th March 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Codification Amendments Etc.) Regulations 2002 and shall come into force on 28th February 2002.
2
In these Regulations “the 2001 Directive ” means Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use .
Amendment of the Medicines Act 1968
2
The Medicines Act 1968 is amended as follows —
a
in the following sections for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “the 2001 Directive applies” —
i
section 8(3A) and (3C) (manufacture and wholesale dealing),
ii
section 14(2) (exports to a Member State),
iii
section 28(3)(j) and (3A) (general power to suspend, revoke or vary licences),
iv
section 49A(a) (exporting certain products to Member States),
v
section 58A(1)(b) (specification of prescription-only products), and
vi
section 86(4) (leaflets);
b
in section 18(3) (application for licence) for “Article 9 of the Second Council Directive 75/319/ EEC of 20 May 1975” there is substituted “Article 28 of the 2001 Directive”;
c
in section 24 (duration and renewal of licence) —
i
in subsection (1A) for “the 1992 Directive” there is substituted “Title V of the 2001 Directive”,
ii
in subsection (3)(C) for “the 1965 Directive or the 1992 Directive” there is substituted “the 2001 Directive other than Titles VI , VII and VIII of that Directive”, and
iii
subsection (7) is deleted;
d
in section 132 (general interpretation provisions) —
i
the definition of “the 1965 Directive” is deleted, and
ii
after the definition of “the 1981 Directive” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use
.
Amendment of the Standard Provisions Regulations 1971
3
The Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 are amended as follows —
a
in regulation 2(1) (interpretation) —
i
after the definition of ““clinical trial certificate of right” and “animal test certificate of right”” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicines for human use;
,
ii
in the definition of “exempt imported products” for “article 1(2) of Council Directive 65/65/EEC ” there is substituted “Article 1.2 of the 2001 Directive”,
iii
for the definition of “product to which Chapters II to V of the 1965 Directive apply” there is substituted the following definition —
“product to which the provisions of the 2001 Directive apply” means a medicinal product to which, in accordance with Article 2 of the 2001 Directive, the provisions of that Directive apply and accordingly does not include the products mentioned in Article 3 of that Directive;
, and
iv
the definition of “Second Council Directive” is omitted;
b
in Schedule 1 (standard provisions for product licences), in paragraph 16 for “Part 4G of the Annex to Council Directive 75/318/EEC ” there is substituted “Part 4G of Annex I to the 2001 Directive”;
c
in Schedule 2 (standard provisions for manufacturer’s licences), in paragraph 16(1) and (4) for “Articles 23 and 24 of the Second Council Directive”, in each place where those words occur, there is substituted “Articles 49 and 50 of the 2001 Directive”;
d
in Schedule 3 (standard provisions for wholesale dealer’s licences) —
i
in paragraphs 4A, 4B(1), 7A(1), 7B and 7C(1) for “Chapters II to V of the 1965 Directive”, in each place where those words occur, there is substituted “the provisions of the 2001 Directive”,
ii
in paragraphs 7(3)(a), 8(1) and (6) for “Articles 23 and 24 of the Second Council Directive”, in each place where those words occur, there is substituted “Articles 49 and 50 of the 2001 Directive”, and
iii
in paragraph 8(1) for “Article 24” there is substituted “Article 50”; and
e
in Schedule 5, Part I (standard provisions for product licences for medicinal products to which regulation 5 of the Standard Provisions Regulations applies), in paragraph 3A for “Council Directive 65/65/EEC as amended” there is substituted “the 2001 Directive”.
Amendment of the Manufacturer’s and Wholesaler Dealer’s Regulations 1971
4
The Medicines (Applications for Manufacturer’s and Wholesale Dealer’s Licences) Regulations 1971 are amended as follows —
a
in regulation 2(1) (interpretation) —
i
after the definition of “application” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;
, and
ii
for the definition of “product to which Chapters II to V of the 1965 Directive apply” there is substituted the following definition —
“product to which the provisions of the 2001 Directive apply” means a medicinal product to which, in accordance with Article 2 of the 2001 Directive, the provisions of that Directive apply and accordingly does not include the products mentioned in Article 3 of that Directive;
; and
b
in Schedule 2 (particulars required on a wholesale dealer’s licence application), in paragraphs 8A, 8B and 8C for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “the 2001 Directive applies”.
Amendment of the Labelling Regulations 1976
5
The Medicines (Labelling) Regulations 1976 are amended as follows —
a
in regulation 3(1) (interpretation) —
i
after the definition of “data sheet” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;
,
ii
for the definition of “homoeopathic product to which Council Directive 92/73/EEC applies” there is substituted —
“homoeopathic product to which the 2001 Directive applies” means a medicinal product for human use (which may contain a number of principles) prepared from products, substances or compositions called homoeopathic stocks in accordance with a homoeopathic manufacturing procedure described by the European Pharmacopoeia or, in the absence thereof, by any pharmacopoeia used officially in a member State, other than one —
prepared in accordance with a magistral or officinal formula as described in Article 3(1) and (2) of the 2001 Directive, or
which satisfies the criteria laid down in Article 5 of the 2001 Directive;
,
iii
the definition of “product to which Chapters II to V of the 1965 Directive applies” is deleted, and
iv
in the definition of “relevant medicinal product” for “Chapters II to V of the 1965 Directive” there is substituted “the 2001 Directive”;
b
in regulation 4A (standard labelling requirement), in paragraph (5) —
i
for the words from “Article 4a of Directive 65/65/EEC ” to “Directive 89/341/EEC ” inclusive there is substituted “Article 11.1 to 11.7 of the 2001 Directive”, and
ii
in sub-paragraph (b), for “Article 4a of Directive 65/65/EEC ” there is substituted “Article 11.1 to 11.7 of the 2001 Directive”;
c
in regulation 4B (standard labelling requirements for radiopharmaceuticals) for “Chapters II to V of the 1965 Directive” there is substituted “the 2001 Directive”; and
d
in regulation 4F (standard labelling requirements for certain homoeopathic products), in paragraph (1) for “Council Directive 92/73/EEC ” there is substituted “the 2001 Directive”.
Amendment of the Active Implantable Medical Devices Regulations 1992
6
Paragraph 10 of Schedule 2 to the Active Implantable Medical Devices Regulations 1992 (essential requirements for active implantable medical devices), is amended as follows —
a
for “Article 1 of Directive 65/65/EEC ” there is substituted “Article 1 of Directive 2001/83/EC on the European Parliament and of the Council on the Community code relating to medicinal products for human use”; and
b
for the words “Directive 75/318/EEC , as last amended by Directive 91/507/EEC ” there is substituted “that Directive”.
Amendment of the Product Licences Regulations 1993
7
The Medicines (Applications for Grant of Product Licences — Products for Human Use) Regulations 1993 are amended as follows —
a
in regulation 1(2) (interpretation) —
i
after the definition of “application” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;
, and
ii
in the definition of “the Directives” after “ 89/381/EEC ” there is inserted “notwithstanding their repeal by the 2001 Directive”;
b
in regulation 4(1) and (2) (material in application) —
i
for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “the 2001 Directive applies”,
ii
for “the Directives”, in each place where those words occur, there is substituted “that Directive”, and
iii
in regulation 4(2) for “those Chapters applied” there is substituted “that Directive applies”;
c
regulation 4(7) (requirements for applications before 1st January 1995) is deleted;
d
in Schedule 1 (information and documents etc. required for applications) —
i
in paragraph 9(d)(v) for “Directive 89/342/EEC applies” there is substituted “the 2001 Directive applies”,
ii
in paragraph 9(g) for “Directive 89/343/EEC ” there is substituted “the 2001 Directive”,
iii
in paragraph 10 for “Article 16 of Directive 75/319/EEC ” there is substituted “Article 40 of the 2001 Directive”,
iv
in paragraph 11 for “Article 4a of the 1965 Directive” there is substituted “Article 11 of the 2001 Directive”,
v
in paragraphs 17 and 18 for “Annex to Directive 75/318/EEC ”, in each place where those words occur, there is substituted “Annex I to the 2001 Directive”,
vi
in paragraph 21 for “Article 3 of Directive 89/343/EEC ” there is substituted “Article 9 of the 2001 Directive”, and
vii
in paragraph 22(b) for “Directive 89/343/EEC ” there is substituted “the 2001 Directive”; and
e
in Schedule 2 (exceptions to the requirement to provide particulars of certain tests' and trials' results), in paragraph 1(b) for “the second paragraph of Article 1 of Directive 75/318/EEC ” there is substituted “Article 10.2 of the 2001 Directive”.
Amendment of the Marketing Authorisations Regulations 1994
8
The Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 are amended as follows —
a
in regulation 1(2) (interpretation) —
i
after the definition of “Community marketing authorization” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use
,
ii
for the definition of “the relevant Community provisions” there is substituted —
“the relevant Community provisions” means the provisions of —
the 2001 Directive;
Regulation (EEC) No. 2309/93 ;
Regulation (EC) No. 540/95 ;
Regulation (EC) No. 541/95 , as amended ;
Regulation (EC) No. 542/95 , as amended ;
Regulation (EC) No. 141/2000 ; and
Regulation (EC) No. 847/2000
, and
iii
for the definition of “relevant medicinal product” there is substituted —
“relevant medicinal product” means a medicinal product for human use to which the provisions of the 2001 Directive apply
;
b
in regulation 4(6) (applications for the grant, renewal or variation of a United Kingdom marketing authorization), for “point 8(a)(iii) of the second paragraph of Article 4 of the 1965 Directive” there is substituted “point (iii) of sub-paragraph (a) of Article 10.1 of the 2001 Directive”;
c
in regulation 4(7) (applications for the grant etc. of a United Kingdom marketing authorization), for “point 8(a) of the second paragraph of Article 4 of the 1965 Directive” there is substituted “sub-paragraph (a) of Article 10.1 of the 2001 Directive”;
d
in regulation 5(4) (consideration, and grant or refusal etc. of an application for a United Kingdom marketing authorization), for “Article 10 of the 1965 Directive” there is substituted “Article 24 of the 2001 Directive”;
e
in regulation 8(2) (control of retail sale or supply of relevant medicinal products) for “Article 3.4 of Council Directive 92/26/EEC ” there is substituted “Article 71.4 of the 2001 Directive”;
f
in Schedule 1 (exemptions and exceptions from the provisions of regulation 3), in paragraph 2(e) for “Article 16 of Council Directive 75/319/EEC ” there is substituted “Article 40 of the 2001 Directive”;
g
in Schedule 2 (procedural provisions relating to United Kingdom marketing authorizations) —
i
in paragraph 3 for “Article 13 of Council Directive 75/319/EEC ” there is substituted “Article 32 of the 2001 Directive”,
ii
in paragraph 4(a) for “Article 7.2 of the 1965 Directive” there is substituted “Article 17.2 of the 2001 Directive”, and
iii
in paragraph 4(b) for “the provisions of Chapter III of Council Directive 75/319/EEC ” there is substituted “the provisions of Title III, Chapter 4 of the 2001 Directive”;
h
in Schedule 3 (offences, penalties etc.) —
i
in paragraph 6(a) for “Article 4 of the 1965 Directive” there is substituted “Article 8.3 of the 2001 Directive”,
ii
in paragraph 6(b) and (e) for “Article 9a of the 1965 Directive” there is substituted “Article 23 of the 2001 Directive”,
iii
in paragraph 6(c) for “paragraph C.a of Part 2 of the Annex to Council Directive 75/318/EEC ” there is substituted “paragraph D of Part 2 of Annex I to the 2001 Directive”,
iv
in each of paragraphs 7, 8, 9 and 10 for “Chapter Va of Council Directive 75/319/EEC ” there is substituted “Title IX of the 2001 Directive”, and in paragraph 10 for the words “such Chapter,” there is substituted “such Chapter or Title,”,
v
in paragraph 10, in sub-paragraph (c) for the words “and promptly,” there is substituted
and promptly; or
d
provide to the licensing authority any other information relevant to the evaluation of the benefits and risks afforded by a medicinal product, including appropriate information on post authorization safety studies,
, and
vi
in paragraphs 11 and 12 for “Council Directive 92/27/EEC ” there is substituted “Title V of the 2001 Directive”, and
i
in Schedule 5 (labels), in paragraph 2 —
i
for “Council Directive 92/27/EEC ” there is substituted “Title V of the 2001 Directive”, and
ii
for “Council Directive 92/26/EEC ” there is substituted “Title VI of the 2001 Directive”.
Amendment of the Homoeopathic Medicinal Products for Human Use Regulations 1994
9
The Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 are amended as follows —
a
in regulation 1(2) (interpretation) after the definition of “certificate of registration” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;
;
b
in regulation 1(3) (interpretation) for “Council Directive 92/73/EEC ” there is substituted “the 2001 Directive”;
c
in regulation 2 (application) —
i
for “Article 1(4) and (5) of the 1965 Directive” there is substituted “Article 3 of the 2001 Directive”, and
ii
for “Article 2(4)” there is substituted “Article 5”; and
d
in regulation 5(1) —
i
for “Article 7 of Council Directive 92/73/EEC ” there is substituted “Article 14 of the 2001 Directive”, and
ii
for “Article 9” there is substituted “Article 16”.
Amendment of the Advertising Regulations 1994
10
In the Medicines (Advertising) Regulations 1994 , regulation 2(1) (interpretation) is amended as follows —
a
after the definition of “common name” there is inserted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;
;
b
in the definition of “essential information compatible with the summary of product characteristics” for “Council Directive 92/28/EEC ” there is substituted “Title VIII of the 2001 Directive”;
c
in the definition of “registered homoeopathic medicinal product” for “Council Directive 92/73/EEC ” there is substituted “the 2001 Directive”;
d
in the definition of “relevant medicinal product”, in both paragraphs (a) and (b)(i) for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “the 2001 Directive applies”; and
e
in the definition of “summary of product characteristics” for the words from “article 4a of the 1965 Directive” to “Council Directive 89/341/EEC ” inclusive there is substituted “Article 11 of the 2001 Directive”.
Amendment of the Monitoring of Advertising Regulations 1994
11
In the Medicines (Monitoring of Advertising Regulations) 1994 , regulation 2(6) (application) is amended as follows —
a
in both sub-paragraphs (a) and (b)(i) for “Chapters II to V of the 1965 Directive apply”, in each place where those words occur, there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use applies”; and
b
in sub-paragraph (c) for “Council Directive 92/73/EEC ” there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”.
Amendment of the Restrictions on the Administration of Veterinary Medicinal Products Regulations 1994
12
In the Medicines (Restrictions on the Administration of Veterinary Medicinal Products) Regulations 1994 , regulation 2(1) (interpretation), in the definition of “homoeopathic medicinal product” for “Article 1.1 of Council Directive 92/73/EEC ” there is substituted “Article 1.5 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”.
Amendment of the Medical Devices Regulations 1994
13
The Medical Devices Regulations 1994 are amended as follows —
a
in regulation 2(1) (interpretation), in the definition of “device” for “Council Directive 65/65/EEC ” there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”; and
b
in regulation 3 (application of the Regulations) —
i
in paragraph 2(c) for “Council Directive 65/65/EEC as last amended by Council Directive 93/39/EEC ” there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”; and
ii
in paragraph (3) for “Council Directive 65/65/EEC ” there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”.
Amendment of the Advisory Board on the Registration of Homoeopathic Products Order 1995
14
In the Medicines (Advisory Board on the Registration of Homoeopathic Products) Order 1995 , in article 2(2) (conditions in respect of homoeopathic products in which the Advisory Board on the Registration of Homoeopathic Products was established to advise), in sub-paragraph (a) for “Article 2(1) of Council Directive 92/73/EEC ” there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”.
Amendment of the Medical Devices (Consultation Requirements) (Fees) Regulations 1995
15
In the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 , regulation 1(2) (interpretation) is amended as follows —
a
in the definition of “competent body” for “Council Directive 65/65/EEC ” there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”; and
b
in the definition of “manufacturing authorisation” for “Article 16 of Council Directive 75/319/EEC ” there is substituted “Article 40 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”; and
c
in the definition of “medicinal substance” for “Article 1 of Council Directive 65/65/EEC ” there is substituted “Article 1 of Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use”.
Amendment of the Fees Regulations 1995
16
The Medicines (Products for Human Use — Fees) Regulations 1995 are amended as follows —
a
in regulation 2(1) (interpretation) —
i
in the definition of “concerned member State” for “Chapter III of Directive 75/319/EEC ” there is substituted “Title III, Chapter 4 of the 2001 Directive”,
ii
for the definition of “Directive 75/319/EEC ” there is substituted the following definition —
“the 2001 Directive” means Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;
,
iii
in the definition of “medicinal product” for “Chapters II to V of Council Directive 65/65/EEC apply” there is substituted “the 2001 Directive applies”, and
iv
for the definition of “Periodic Safety Update Report” there is substituted the following definition —
“Periodic Safety Update Report” means a report prepared to meet the requirements of the 2001 Directive and in accordance with the International Conference on Harmonisation and Committee on Proprietary Medicinal Products Guidance on clinical safety data management — Periodic Safety Update Reports for marketing drugs;
;
b
in regulation 6A (meaning of “set of applications”) —
i
for “Chapter III of Directive 75/319/EEC ” there is substituted “Title III, Chapter 4 of the 2001 Directive”, and
ii
for “article 9.4 of Council Directive 75/319/EEC ”, in both places where those words occur, there is substituted “Article 28.4 of the 2001 Directive”;
c
in regulation 6B (application for regulatory assistance under the mutual recognition procedure) for “Chapter III of Directive 75/319/EEC ” there is substituted “Title III, Chapter 4 of the 2001 Directive”;
d
in regulation 6C (time for payment of fees under regulation 4B) for “article 9.3 of Directive 75/319” there is substituted “Article 28.1 of the 2001 Directive”;
e
in Schedule 1, Part 1, paragraph 1 (interpretation) —
i
in head (b) of the definition of “decentralised incoming application” for “Chapter III of Directive 75/319/EEC ” there is substituted “Title III, Chapter 4 of the 2001 Directive”, and
ii
in head (a) of the definition of “simple application” for “Article 4.8(a)(i) of Council Directive 65/65/EEC ” there is substituted “Article 10.1(a)(i) of the 2001 Directive”;
f
in Schedule 1, Part II, paragraph 1(1) (capital fees for marketing authorizations), in column 1 of the Table, entry 1 (major application) in head (a) for “Part 4 of the Annex to Council Directive 75/318/EEC ” there is substituted “Part 4 of Annex I to the 2001 Directive”;
g
in Schedule 1, Part IIA, paragraph 2 (outgoing mutual recognition applications) for “Chapter III of Directive 75/319/EEC ” there is substituted “Title III, Chapter 4 of the 2001 Directive”;
h
in Schedule 1, Part III (capital fees for applications for variations) —
i
in paragraph 1, in head (b)(ii) of the definition of “Type II Complex Variation Application” for “Section H of Part IV of Annex to Council Directive 75/318/EEC ” there is substituted “Section H of Part IV of Annex I to the 2001 Directive”, and
ii
in paragraphs 4 and 5 for “Section G of Part 4 of the Annex to Council Directive 75/318/EEC ”, in each place where those words occur, there is substituted “Section G of Part 4 of Annex I to the 2001 Directive”;
i
in Schedule 3, Part 1, paragraph 1 (periodic fees for licences — interpretation) in the definition of “limited use drug” for “Section G of Part 4 of the Annex to Council Directive 75/318/EEC ” there is substituted “Section G of Part 4 of Annex I to the 2001 Directive”;
j
in Schedule 3, Part IV (types of marketing authorization for which only one periodic fee is payable), in paragraph 1 for “Council Directive 65/65/EEC ” there is substituted “the 2001 Directive”;
k
in Schedule 4 (time for payment of capital fees — applications made by small companies), in paragraph 4A, sub-paragraphs (a)(i) and (b)(i) for “article 9.3 of Directive 75/319”, in each place where those words occur, there is substituted “Article 28.1 of the 2001 Directive”; and
l
in Schedule 5 (waiver, reduction or refund of capital fees), in paragraph 6 for “Council Directive 65/65/EEC ” there is substituted “the 2001 Directive”.
Amendment of the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000 and the Health Service Medicines (Control of Prices of Generic Medicines) Regulations 2000
17
In both the Health Service Medicines (Control of Prices of Branded Medicines) Regulations 2000 and the Health Service Medicines (Control of Prices of Specified Generic Medicines) Regulations 2000 , in regulation 2(1) (interpretation) for paragraph (a) of the definition of “marketing authorisation”, in each of those instruments, there is substituted —
a
by the competent authorities of the United Kingdom in accordance with the Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use;
.
Amendment of the Stop Now Orders EC Directive Regulations 2001
18
In the Stop Now Orders (EC Directive) Regulations 2001 , in Schedule 1 (meaning of “the Directives”) for entry 6 there is substituted “Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use, in so far as it relates to the advertising of medicinal products for human use.”.
Amendment of the Health Service Medicines (Information on Prices of Specified Generic Medicines) Regulations 2001
19
In the Health Service Medicines (Information on the Prices of Specified Generic Medicines) Regulations 2001 , in regulation 2(1) (interpretation), in the definition of “marketing authorisation” for paragraph (a) there is substituted —
a
by the competent authorities of the United Kingdom in accordance with Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use; or
.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
7th February 2002