type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Other Fuel Substitutes (Rates of Excise Duty etc.) (Amendment) Order 2002 and comes into force on 1 st January 2003.
2
The Other Fuel Substitutes (Rates of Excise Duty etc.) Order 1995 is amended as follows.
3
In articles 3, 4(3) and 5(4), for “section 6(1)” substitute “section 6”.
4
In article 4 (rates of duty for fuel substitutes) —
a
for paragraph (2) substitute —
2
Where a liquid is entered in the record as being suitable only as fuel for —
a
a diesel engine, or an engine, other than a piston engine, of an aircraft, the rate of duty shall be that specified by section 6 of the Act for ultra low sulphur diesel;
b
a petrol engine powered by leaded petrol, the rate of duty shall be that specified by section 6 of the Act for light oil; and
c
a petrol engine powered by unleaded petrol, the rate of duty shall be that specified by section 6 of the Act for ultra low sulphur petrol.; and
b
in paragraph (4), for the words “section 6(1)” to the end substitute “section 6 of the Act for aviation gasoline.”.
5
In article 5 (rates of duty for additives or extenders) —
a
for paragraph (3) —
3
Subject to paragraph (6) below, where a liquid is entered in the record as a multi-purpose additive or extender, the rate of duty shall be that which is specified by section 6 of the Act for ultra low sulphur petrol.; and
b
in paragraph (6), for the words “both heavy oil and” substitute “any”.
6
Omit article 6 (treatment of fuel substitutes etc , as heavy oil etc.).
John Heppell
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
10 December 2002


text:
Citation and commencement
1
These Regulations may be cited as the Occupational and Personal Pension Schemes (Contracting-out) (Miscellaneous Amendments) Regulations 2002 and shall come into force on 6th April 2002.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations 1996
2
1
The Occupational Pension Schemes (Contracting-out) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 3 (notices by employers of intended election for issue of contracting-out certificate), in paragraph (2) —
a
sub-paragraph (c) shall be omitted; and
b
in sub-paragraph (g) —
i
after head (i) there shall be inserted the word “and”, and
ii
head (iii) shall be omitted.
3
In regulation 6 (information to be included in an election), in paragraph (2), sub-paragraphs (e) and (f) shall be omitted.
4
In regulation 9 (making of elections by employers for variation or surrender of contracting-out certificates) for paragraph (1) there shall be substituted the following paragraph: —
1
Subject to the provisions of paragraphs (2), (3) and (7) and regulation 10, an election with a view to the variation or surrender of a contracting-out certificate —
a
may be made only after notices of intention have been given in accordance with paragraphs (4) and (5); and
b
shall be made in writing to the Inland Revenue.
.
5
In regulation 16 (requirement to confirm relevant requirements are satisfied), in paragraph (1) for the words “written confirmation and such” there shall be substituted the words “such written confirmation and any”.
6
In regulation 18 (requirement as to resources of schemes), in paragraph (2), after the word “apply” (in the second place that word appears) there shall be inserted the words “or to any scheme in respect of which any Minister of the Crown has given a guarantee, or made any other arrangements, for the purpose of securing that the assets of the scheme are sufficient to meet its liabilities”.
7
For regulation 19 (lump sum benefits and salary related contracted-out schemes) there shall be substituted the following regulation: —
Lump sum benefits and salary related contracted-out schemes
19
A salary related contracted-out scheme may not provide for the payment of a lump sum instead of a pension except —
a
in accordance with —
i
regulation 20 (trivial commutation of benefits derived from section 9(2B) rights), or
ii
regulation 60 (trivial commutation of guaranteed minimum pension); or
b
to the extent permitted —
i
in the case of a scheme which is exempt approved within the meaning of section 592(1) of the Taxes Act or a scheme in such respect of which an application for such approval has not yet been determined, under the rules of that scheme in accordance with that approval, or
ii
in the case of a scheme which is a relevant statutory scheme within the meaning of section 611A of the Taxes Act , under the regulations or rules governing that scheme as a relevant statutory scheme.
.
8
In regulation 20 (trivial commutation of benefits derived from section 9(2B) rights) —
a
the words from “For the purposes” to “commutation” shall be numbered as paragraph (1) of that regulation; and
b
after that paragraph there shall be inserted the following paragraphs: —
2
The condition specified in paragraph (1)(a) shall not apply where —
a
the scheme is being wound up; or
b
where the earner is a member of more than one scheme relating to the same employment, both or all of those schemes are being wound up;
but paragraph (3) shall apply instead.
3
Where this paragraph applies, the aggregate amount of benefit which has accrued to the earner at the date of winding up shall be treated for the purposes of paragraph (1)(b) as the amount of all benefits payable to him under the scheme.
.
9
After regulation 20 there shall be inserted the following new regulation: —
Suspension of section 9(2B) rights
20A
1
In so far as a person’s accrued rights under an occupational pension scheme are section 9(2B) rights, the circumstances specified in paragraph (2) are prescribed for the purposes of subsection (6) of section 92 of the 1995 Act (circumstances in which subsection (1) of that section does not prevent forfeiture of rights under an occupational pension scheme).
2
The circumstances referred to in paragraph (1) are that —
a
the person entitled to payments giving effect to those rights is, in the opinion of the trustees of the scheme, unable to act by reason of mental disorder; and
b
there is provision in the scheme which requires that, while the person is so unable to act, sums equivalent to those payments —
i
must, except in so far as such sums are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for his maintenance,
ii
may, in so far as such sums are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for the maintenance of any dependants of the pensioner,
iii
must, in so far as such sums are not, in the opinion of the trustees, required for the maintenance of the pensioner or of any dependant of his, be held by the trustees for the pensioner until he is again able to act or, if he should die before that happens, for his estate.
.
10
In regulation 23 (requirements for meeting the statutory standard) —
a
after paragraph (e) the word “and” shall be omitted; and
b
after paragraph (f) there shall be added the words
and
g
must take no account of any provision made by the scheme for the suspension, in the circumstances specified in regulation 20A(2), of benefits derived from section 9(2B) rights.
.
11
In regulation 31 (deduction of minimum payments from earnings) —
a
in paragraph (1) for the word “Every” there shall be substituted the words “Subject to paragraph (3A), every”;
b
in paragraph (3) for the words “paragraph (4)” there shall be substituted the words “paragraphs (3A) and (4)”; and
c
after paragraph (3) there shall be inserted the following paragraph: —
3A
Where the payment of emoluments in respect of which minimum payments are payable does not exceed the amount which is for the time being specified in regulations under section 5 of the Contributions and Benefits Act (earnings limits and thresholds for Class 1 contributions) as the primary threshold for the purposes of that Act (or the amount which is, in relation to that payment of emoluments, the amount prescribed under that section as the equivalent of that threshold) no amount shall be deducted from those emoluments under this regulation.
.
12
In regulation 51 (election to pay a contributions equivalent premium) —
a
for paragraph (1) there shall be substituted the following paragraphs: —
Contributions equivalent premiums
51
1
For the purposes of section 55(2) of the 1993 Act (which requires the prescribed person to pay a contributions equivalent premium in the case mentioned in section 55(2B) of that Act and otherwise enables him to elect to pay such a premium on termination of contracted-out employment) the prescribed person is the trustees of the scheme.
1A
Section 55(2B) of the 1993 Act (by virtue of which a contributions equivalent premium must be paid in any case where the earner has no accrued right to benefit under the scheme) does not apply if paragraph (1B) or (1C) applies.
1B
This paragraph applies where —
a
the earner’s service in the employment ceases on the earner’s death; and
b
the earner leaves a surviving spouse who is not entitled to any of the following benefits —
i
a widowed mother’s allowance under section 37 of the Contributions and Benefits Act,
ii
a widow’s pension under section 38 of that Act,
iii
a widowed parent’s allowance under section 39A of that Act, or
iv
a bereavement allowance under section 39B of that Act.
1C
This paragraph applies where the earner is a woman who has made, or is treated as having made, an election under regulations made under section 19(4) of the Contributions and Benefits Act, which has not been revoked, that her liability in respect of primary Class 1 contributions shall be at a reduced rate.
;
b
in paragraph (2) —
i
in sub-paragraph (a) the words “under section 20 (transfer of accrued rights) or” shall be omitted,
ii
for sub-paragraph (b) there shall be substituted —
b
cases where paragraph (1C) applies;
, and
iii
for sub-paragraph (e) there shall be substituted —
e
cases where any liability to provide pensions to an earner has been discharged in accordance with regulations under section 12C of the 1993 Act ,
; and
c
after paragraph (2) of that regulation there shall be inserted —
2A
Where a contributions equivalent premium is required to be paid in respect of an earner by virtue of section 55(2) of the 1993 Act, the trustees of the scheme must notify the Inland Revenue of that fact in such form as the Inland Revenue may reasonably require for the purpose of identifying the earner.
2B
Such a notification must be given —
a
where the earner has ceased to serve in employment which is contracted-out employment by reference to the scheme because it is wound up, within two years of the cessation of the scheme; and
b
where the earner has so ceased for any other reason mentioned in section 55(2A) of the 1993 Act within the period beginning one month before and ending six months after the date on which the person so ceases.
2C
The Inland Revenue may in any particular case or class of cases extend the period applicable under paragraph (2B) if it appears to them that the notification could not reasonably have been given within that period.
.
13
In regulation 52(1) (time for payment of contributions equivalent premiums) after the words “the trustees”, in the first place they occur, the words “are required or” shall be inserted.
14
In regulation 60 (trivial commutation of guaranteed minimum pensions), in paragraph (4) —
a
after the words “under Part VI” there shall be inserted the words “or the scheme has made the provisions mentioned in section 16(2) and (3) of the 1993 Act”;
b
in sub-paragraph (a) for the words “or in either case” there shall be substituted the words “or, in a case where that section 16(2) and (3) applies,”; and
c
in sub-paragraph (c) after the word “premium” there shall be inserted the words “or have made the provisions mentioned in section 16(2) and (3) of the 1993 Act”.
15
In regulation 61 (suspension and forfeiture of guaranteed minimum pension), in paragraph (1)(a) —
a
The words “or otherwise” shall be omitted; and
b
for the words from “for sums equivalent” to the end of the sub-paragraph there shall be substituted the words
which requires that, in those circumstances, sums equivalent to the guaranteed minimum pension —
i
must, except in so far as such sums are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for his maintenance,
ii
may, in so far as such sums are not, in the opinion of the trustees, required for the maintenance of the pensioner, be paid or applied for the maintenance of any dependants of the pensioner,
iii
must, in so far as such sums are not, in the opinion of the trustees, required for the maintenance of the pensioner or of any dependant of his, be held by the trustees for the pensioner until he is again able to act or, if he should die before that happens, for his estate;
.
16
In regulation 62(2) (fixed rate revaluations for early leavers' guaranteed minimum pensions — prescribed increase) —
a
in sub-paragraph (d) for the words “, 6.25 per cent. compound.” there shall be substituted the words “but before 6th April 2002, 6.25 per cent. compound;”; and
b
after that sub-paragraph there shall be inserted the following sub-paragraph: —
e
where that period of service terminates on or after 6th April 2002, 4.5 per cent. compound.
.
17
In regulation 63 (provision of information about guaranteed minimum pensions) —
a
in paragraph (1) for the words from “The prescribed” to “that section)” there shall be substituted the following words: —
As respects any occupational pension scheme, the persons prescribed for the purposes of section 156(2) of the 1993 Act (additional persons to whom information may be provided for the purpose of enabling them to comply with obligations under Part III of that Act) are
; and
b
in paragraph (2) after sub-paragraph (a), but before the word “or” there shall be inserted —
aa
whether the scheme is liable in respect of section 9(2B) rights, protected rights or safeguarded rights;
.
18
In regulation 72 (transitional requirements as to sufficiency of resources of salary related schemes) —
a
in paragraph (1) —
i
the words “of ten years” shall be omitted, and
ii
for the words from “or such longer” to “class of case” there shall be substituted the words “and ending with the date of first certification”;
b
after paragraph (1) there shall be inserted the following paragraph: —
1A
In paragraph (1) above, the date of first certification means the first occasion on which the actuary to the scheme certifies the rates of contributions shown in a schedule of contributions for the scheme for the purposes of section 58 of the 1995 Act (schedules of contributions).
; and
c
in paragraph (6) after the word “apply” (in the second place where that word appears) there shall be added the words “, or to any scheme in respect of which any Minister of the Crown has given a guarantee, or made any other arrangements, for the purposes of securing that the assets of the scheme are sufficient to meet its liabilities.”.
Amendment of the Protected Rights (Transfer Payment) Regulations 1996
3
1
The Protected Rights (Transfer Payment) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
After regulation 4 (transfer payments to salary-related contracted-out schemes) there shall be inserted the following regulation: —
Transfer payments to section 53 schemes
4A
1
A transfer payment may be made to a section 53 scheme in the circumstances specified in paragraph (2) and subject to the conditions specified in paragraph (3).
2
The circumstances referred to in paragraph (1) are that —
a
the member consents in writing to the making of the transfer payment; and
b
either —
i
the member has entered employment with an employer who is or was a contributor to the section 53 scheme, or
ii
the member was previously a member of the receiving scheme.
3
The conditions referred to in paragraph (1) are that —
a
the transfer payment (whether or not it forms part of a larger payment giving effect to both protected and other rights) is of an amount at least equal to the value of the protected rights to which effect is being given; and
b
the transfer payment is approved by the Inland Revenue, whether or not subject to conditions.
4
In this regulation “section 53 scheme” means “an occupational pension scheme which was formerly a contracted-out scheme and which the Inland Revenue are under a duty to supervise in accordance with section 53 of the 1993 Act”.
3
In regulation 5 (transfer payments to overseas schemes) —
a
after the words “overseas scheme” there shall be inserted the words “or an overseas arrangement”;
b
in paragraph (b) for the words from “and has entered” to the end of the paragraph there shall be substituted the words “and, where the transfer payment is to be made to an overseas scheme, has entered employment to which that scheme applies;”;
c
in paragraph (d) after the words “the scheme” there shall be inserted the words “or arrangement”; and
d
in paragraphs (d) and (e) after the words “receiving scheme” there shall be inserted the words “or arrangement”.
Amendment of the Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996
4
1
The Personal and Occupational Pension Schemes (Protected Rights) Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 4(2) (conditions applying to rates of pensions and annuities which give effect to protected rights — marital status) for sub-paragraph (b) there shall be substituted the following sub-paragraph: —
b
except where, in the case of an unmarried member, the member has agreed to the rate being determined on his or her life only, on the basis that the member will, in the event of his or her death, leave a widow or widower.
;
3
For regulation 5 (circumstances in which and periods for which pension or annuity is to be paid to widow or widower after being paid to member) there shall be substituted the following regulation: —
Circumstances in which and period for which pension or annuity is to be paid to widow or widower after being paid to member
5
1
For the purposes of section 29(1)(b)(i) of the 1993 Act (pension or annuity to be paid to member’s widow or widower in prescribed circumstances and for the prescribed period) —
a
the prescribed circumstances are that the rate of the pension or annuity paid to the member has not, by virtue of regulation 4(2)(b), been determined by reference to his or her life only; and
b
the prescribed period is, subject to paragraph (2), the remainder of the widow’s or widower’s life.
2
There is excluded from the period prescribed in paragraph (1)(b) any period after the widow’s or widower’s remarriage under pensionable age.
.
4
For paragraphs (2) and (3) of regulation 7 (payments made under interim arrangements) there shall be substituted the following paragraphs: —
2
For the purposes of section 28A(5)(a) of the 1993 Act (the annual amount of the annuity which would have been purchasable by a person on any date shall be calculated in the prescribed manner) the prescribed manner is —
a
in the case of payments to be made to a member who is married on the relevant reference date by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(a) and (d);
b
in the case of payments to be made to a member who is unmarried on the relevant reference date by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(b) and (d);
c
in the case of payments to be made to a widow or widower by reference to the current published table prepared by the Government Actuary in accordance with paragraph (3)(c) and (d).
3
For the purposes of section 28A(5)(a)(ii) of the 1993 Act (the current published tables of rates of annuities prepared in the prescribed manner by the Government Actuary) the prescribed manner is —
a
in the case referred to in paragraph (2)(a), on the basis —
i
that no distinction shall be made by reference to the sex of the member,
ii
that in respect of a member who has died, the rate of the annuity is one-half of the rate at which it would have been payable if the member had been living,
iii
of a deduction of an amount which the Government Actuary considers reasonable from the purchase price of the annuity to allow for the initial expenses of the insurance company, and
iv
that the frequency of the payment is monthly in arrears;
b
in the case referred to in paragraph (2)(b), on the basis —
i
that no distinction shall be made by reference to the sex of the member,
ii
that there is no person other than the member with any rights to an annuity,
iii
of a deduction of an amount which the Government Actuary considers reasonable from the purchase price of the annuity to allow for the initial expenses of the insurance company, and
iv
that the frequency of the payment is monthly in arrears;
c
in the case referred to in paragraph (2)(c), on the basis —
i
that no distinction shall be made by reference to the sex of the widow or widower,
ii
that the widow or widower is the last survivor with rights to an annuity,
iii
of a deduction of an amount which the Government Actuary considers reasonable from the purchase price of the annuity to allow for the initial expenses of the insurance company, and
iv
that the frequency of the payment is monthly in arrears;
d
in all cases referred to in paragraph (2), on the basis that
i
in the case of payments in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year up to and including the tax year 1996–1997, the rate of annuity would be increased on each of its anniversaries in accordance with the requirements in regulation 4(3),
ii
in the case of payments in respect of protected rights which derive from minimum contributions and other amounts payable to the scheme in respect of any tax year after the tax year 1996–1997, the rate of annuity would be increased on each of its anniversaries in accordance with the requirements of section 162(2) of the Pensions Act 1995.
5
In regulation 9 (suspension and forfeiture of payments giving effect to protected rights), in paragraph (1)(a) —
a
the words “or otherwise” shall be omitted; and
b
for the words from “, so however” to the end of the sub-paragraph there shall be substituted the words
and that there is provision in the scheme which requires that, in those circumstances, sums equivalent to such payments —
i
must, except in so far as such sums are not, in the opinion of the trustees and managers, required for the maintenance of the pensioner, be paid or applied for his maintenance,
ii
may, in so far as such sums are not, in the opinion of the trustees and managers, required for the maintenance of the pensioner, be paid or applied for the maintenance of any dependants of the pensioner,
iii
must, in so far as such sums are not, in the opinion of the trustees and managers, required for the maintenance of the pensioner or of any dependant of his, be held by the trustees for the pensioner until he is again able to act or, if he should die before that happens, for his estate;
.
6
In regulation 12 (death of member before effect given to protected rights) —
a
paragraph (1) shall be omitted;
b
in paragraphs (2), (3), (5), (9), (11) and (14), for the words “qualifying widow or widower” (in each place where those words occur) there shall be substituted the words “widow or widower”; and
c
in paragraphs (5) and (9), sub-paragraph (c), and the word “or” immediately preceding it, shall be omitted.
7
In regulation 13 (death before effect given to protected rights: interim arrangements for widow or widower) —
a
in paragraph (1) for the words from “survived by” to “effect” there shall be substituted the words “survived by a widow or widower, effect”, and
b
paragraph (3) shall be omitted.
Amendment of the Occupational Pension Schemes (Modification of Schemes) Regulations 1996
5
In paragraph (1) of regulation 6 of the Occupational Pension Schemes (Modification of Schemes) Regulations 1996 (exemption from the restriction on powers to modify schemes) after sub-paragraph (d) there shall be inserted: —
da
any alteration to scheme rules to enable the scheme, with the agreement of the member in question, to provide any pension or purchase any annuity in respect of protected rights the rate of which is not determined on the basis that the member will, in the event of his or her death, leave a widow or widower.
Amendment of the Occupational Pension Schemes (Investment) Regulations 1996
6
In paragraph (1)(a)(i) of regulation 2 of the Occupational Pension Schemes (Investment) Regulations 1996 (schemes to which regulation 5 applies), after the words “Chapter I” there shall be inserted “or Chapter IV ”.
Amendment of the Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996
7
1
The Occupational Pension Schemes (Contracting-out) Regulations (Northern Ireland) 1996 shall be amended as follows: —
2
For paragraph (1) of regulation 51 there shall be substituted the following paragraphs —
Contributions equivalent premiums
51
1
For the purposes of section 51(2) of the Act (which requires the prescribed person to pay a contributions equivalent premium in the case mentioned in section 51(2B) and otherwise enables him to elect to pay such a premium on termination of contracted-out employment) the prescribed person is the trustees of the scheme.
1A
Section 51(2B) of the Act (by virtue of which a contributions equivalent premium must be paid in any case where the earner has no accrued right to benefit under the scheme) does not apply if paragraph (1B) or (1C) applies.
1B
This paragraph applies where —
a
the earner’s service in employment ceases on the earner’s death; and
b
the earner leaves a surviving spouse who is not entitled to any of the following benefits —
i
a widowed mother’s allowance under section 37 of the Contributions and Benefits Act,
ii
a widow’s pension under section 38 of that Act,
iii
a widowed parent’s allowance under section 39A of that Act, or
iv
a bereavement allowance under section 39B of that Act.
1C
This paragraph applies where the earner is a woman who has made, or is treated as having made, an election under regulations made under section 19(4) of the Contributions and Benefits Act, which has not been revoked, that her liability in respect of primary Class 1 contributions shall be at a reduced rate.
.
3
In paragraph (2) of that regulation —
a
in sub-paragraph (a) the words “section 16 (transfer of accrued rights) or” shall be omitted,
b
for sub-paragraph (b) there shall be substituted —
b
cases where paragraph (1C) applies;
, and
c
for sub-paragraph (e) there shall be substituted —
e
cases where any liability to provide pensions to an earner has been discharged in accordance with regulations under section 8C of the Act (transfer, commutation etc. );
.
4
After paragraph (2) of that regulation there shall be inserted —
2A
Where a contributions equivalent premium is required to be paid in respect of an earner by virtue of section 51(2) of the Act, the trustees of the scheme must notify the Inland Revenue of that fact in such form as the Inland Revenue may reasonably require for the purpose of identifying the earner.
2B
Such a notification must be given —
a
where the earner has ceased to serve in employment which is contracted-out employment by reference to the scheme because it is wound up, within two years of the cessation of the scheme, and
b
where the earner has so ceased for any other reason mentioned in section 51(2A) of the Act , within the period beginning one month before and ending six months after the date on which the person so ceases.
2C
The Inland Revenue may in any particular case or class of cases extend the period applicable under paragraph (2B) if it appears to them that the notification could not reasonably have been given within that period.
.
5
In regulation 52(1) (time for payment of contributions equivalent premiums) after the words “the trustees”, in the first place they occur, the words “are required or” shall be inserted.
Amendment of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997
8
After regulation 6 of the Personal Pension Schemes (Appropriate Schemes) Regulations 1997 (requirement to give the Secretary of State information) there shall be inserted the following regulation —
Provision of information for purposes of contracting-out
6A
As respects any personal pension scheme, the persons prescribed for the purposes of section 156(2) of the 1993 Act (additional persons to whom information may be provided for the purposes of enabling then to comply with obligations under Part III of that Act) are:
a
the earner or the widow or widower to whom the information relates; and
b
any person who is, or who in the opinion of the Secretary of State or, as the case may be, the Inland Revenue is likely to become, the person responsible for making payments derived from the protected rights.
.
Amendment of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997
9
In regulation 2 of the Occupational Pension Schemes (Assignment, Forfeiture, Bankruptcy etc.) Regulations 1997 (commutation of pensions under occupational pension scheme) after paragraph (1) there shall be inserted the following paragraph: —
1A
There are also prescribed for the purposes of section 91(5)(c)(iii) of the 1995 Act the circumstances where —
a
the rights of the member consist only of rights derived from equivalent pension benefits under Part III of the National Insurance Act 1965 ; and
b
the member has consented to the commutation.
.
Amendment of the Occupational Pension Schemes (Contracting-out) (Payment and Recovery of Remaining Balances) Regulations 2000
10
In regulation 3 of the Occupational Pension Schemes (Contracting-out) (Payment and Recovery of Remaining Balances) Regulations 2000 (recovery of amounts by Inland Revenue) for the words “section 42A(2D) of the Northern Ireland Act” there shall be substituted the words “section 38A(2D) of the Northern Ireland Act ”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
13th March 2002


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


text:
Citation and commencement
1
1
This Order may be cited as the District of Fenland (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Fenland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the District of Fenland (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 Fenland District Council.
Wards of the district of Fenland
3
1
The existing wards of the district shall be abolished.
2
The district shall be divided into twenty-seven wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Chatteris
4
1
The existing wards of the parish of Chatteris shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Birch, Slade Lode, The Mills and Wenneye; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be three.
Wards of the parish of March
5
1
The existing wards of the parish of March shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names March East, March North and March West; each parish ward shall comprise the area of the district ward bearing the same name; and the number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Whittlesey
6
1
The existing wards of the parish of Whittlesey shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the district ward specified in respect of the parish ward in column (2) of that Schedule; and the number of councillors to be elected for each parish ward shall be two.
Wards of the parish of Wisbech
7
1
The existing wards of the parish of Wisbech shall be abolished.
2
The parish shall be divided into seven parish wards which shall bear the names Clarkson, Hill, Kirkgate, Medworth, Peckover, Staithe and Waterlees; each parish ward shall comprise the area of the district ward bearing the same name.
3
The number of councillors to be elected for each of the Clarkson, Kirkgate, Medworth, Peckover and Staithe parish wards shall be two and for each of the Hill and Waterlees parish wards shall be four.
Maps
8
Fenland District Council shall make a print of the map marked “Map referred to in the District of Fenland (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
9
The Electoral Registration Officer for the district shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
10
The District of Fenland (Electoral Arrangements) Order 1975 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
12th October 2002
Glyn Mathias
Commissioner
12th October 2002
Neil McIntosh
Commissioner
12th October 2002
Karamjit Singh
Commissioner
12th October 2002
Sam Younger
Commissioner
12th October 2002
Graham Zellick
Commissioner
12th October 2002


text:
1
This Order may be cited as the A34 Trunk Road (Newtown, Great Wyrley, Staffordshire to the southern boundary of the A34/A500 Queensway Roundabout, Staffordshire) (Detrunking) Order 2002 and shall come into force on 16th May 2002.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/428 consisting of sheets 1 to 2 and marked “The A34 Trunk Road (Newtown, Great Wyrley, Staffordshire to the southern boundary of the A34/A500 Queensway Roundabout, Staffordshire) (Detrunking) Order 2002.” signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN27 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A34 Trunk Road.
3
The lengths of the trunk road route described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director Highways Agency
26th April 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the East Staffordshire Primary Care Trust (Establishment) Order 2002 and shall come into force on 27th 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 East Staffordshire 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 27th March 2002 Primary Care Trust to be called the East Staffordshire 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 South Staffordshire 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 officers of the Authority available to the trust during the preparatory period.
3
The South Staffordshire Healthcare National Health Service Trust shall make staff of the NHS Trust available to the trust during the preparatory period.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
15th March 2002


text:
Citation and commencement
1
1
This Order may be cited as the District of Waveney (Electoral Changes) (Amendment) Order 2002.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2001 Order
2
1
The District of Waveney (Electoral Changes) Order 2001 shall be amended as follows.
2
In Article 6(2) the words “Wangford with Henham” shall be removed.
3
In Article 6(3) the words “Wangford with Henham” shall be inserted before the words “and Wrentham”.
4
In Article 6(4) the words “Wangford with Henham” shall be inserted before the words “and Wrentham”.
5
In Article 6(7) the words “Wangford with Henham” shall be inserted before the words “and Wrentham”.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
2nd December 2002
Glyn Mathias
Commissioner
2nd December 2002
Neil McIntosh
Commissioner
2nd December 2002
Karamjit Singh
Commissioner
2nd December 2002
Sam Younger
Commissioner
2nd December 2002
Graham Zellick
Commissioner
2nd December 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) Amendment (No. 2) Regulations 2002.
2
These Regulations shall come into force —
a
except for regulation 2, on 1st April 2002; and
b
regulation 2, on 9th April 2002.
3
In these Regulations “the principal Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 .
4
These Regulations extend to England only.
Amendment of regulation 8 of the principal Regulations
2
In regulation 8(3)(c) and (g) of the principal Regulations (eligibility — supply of optical appliances) for “£71.00” on each occasion it appears there shall be substituted “£72.20”.
Amendment of regulation 19 of the principal Regulations
3
In regulation 19 of the principal Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b) for “£43.90” there shall be substituted “£44.60”; and
b
in paragraph (3) for “£11.30” there shall be substituted “£11.50”.
Amendment of the Schedules to the principal Regulations
4
1
In Schedule 1 to the principal Regulations (voucher letter codes and face values–supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below there shall be substituted the amount specified in relation to it in column 2 of that table.
TABLE
(1) (2) Old amount New amount
£30.00 £30.50 £45.60 £46.40 £62.10 £63.20 £140.30 £142.70 £51.80 £52.70 £65.90 £67.00 £79.60 £81.00 £154.30 (in both places where it appears) £157.00 £43.90 £44.60
2
In Schedule 2 to the principal Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) for “£6.30” there shall be substituted “£9.90”;
b
in paragraph 1(1)(b) for “£7.20” there shall be substituted “£11.90”;
c
in paragraph 1(1)(c) for “£3.20” there shall be substituted “£3.30”;
d
in paragraph 1(1)(d) for “£3.70” there shall be substituted “£3.80”;
e
in paragraph 1(1)(e) for “£49.40”, “£43.90”, and “£23.80” there shall be substituted “£50.20”, “£44.60” and “£24.20” respectively;
f
in paragraph 1(1)(g) for “£49.40” there shall be substituted “£50.20”;
g
in paragraph 2(a) for “£10.50” there shall be substituted “£10.70”;
h
in paragraph 2(b) for “£26.50” there shall be substituted “£27.00”.
3
For Schedule 3 to the principal Regulations (voucher values — repair), there shall be substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
5
The amendments made in these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the principal Regulations on or after 1st April 2002.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
11th March 2002


text:
Citation
1
This Order may be cited as the Social Security Fraud Act 2001 (Commencement No. 3) Order 2002.
Appointed day
2
The day appointed for the coming into force of section 3 of the Social Security Fraud Act 2001 (code of practice about use of information powers) is 28th January 2002.
Signed by the authority of the Secretary of State for Work and Pensions
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th January 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Housing Renewal Grants (Amendment) (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
Amendments
2
The Housing Renewal Grants Regulations 1996 are amended in accordance with the following regulations.
Regulation 2
3
In regulation 2(1) (interpretation) —
a
in paragraph (b) of the definition of “attendance allowance”, after “104” insert “or 105”;
b
in the definition of “income-based jobseeker’s allowance” for “means an income-based jobseeker’s allowance within” substitute “and “a joint-claim jobseeker’s allowance” have the same meaning as they have in”;
c
after “the Independent Living Funds” insert —
“Intensive Activity Period for 50 plus” means the programme known by that name and provided in pursuance of arrangements made by or on behalf of the Secretary of State under section 2 of the Employment and Training Act 1973 , being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he or she first joined any such programme, and consisting for that individual of any one or more of the following elements, namely assistance in pursuing self-employed earner’s employment, education and training, work experience, assistance with job search, motivation and skills training;
;
d
after “net profit” insert —
“the New Deal Options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker’s Allowance Regulations 1996 and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
;
e
in paragraph (b) of the definition of “self-employment route” , for the words “an employment zone programme” substitute the following —
—
i
an employment zone programme;
ii
a course of training or instruction funded by or on behalf of the Secretary of State for Work and Pensions, the National Assembly for Wales, Scottish Enterprise or Highland and Islands Enterprise;
iii
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations; or
iv
the Intensive Activity Period for 50 plus.
.
Regulation 9
4
In regulation 9 (circumstances in which a person is to be treated as being or not being a member of the household) —
a
in paragraph (3), for “A child” substitute “Subject to paragraph (3A), a child”;
b
after paragraph (3) insert —
3A
Paragraph (3) shall not apply in any case where a child or young person —
a
has been placed with the relevant person or his partner by a local authority under section 23(2)(a) of the Children Act 1989 , and
b
in accordance with regulation 8(2)(a) is to be treated for the purposes of paragraph (1) of that regulation as normally living with the relevant person or his partner.
.
Regulation 10
5
In paragraph (1) of regulation 10 (the applicable amount) , in sub-paragraph (b), for “£51.60” substitute “£52.27” and for “£67.08” substitute “67.95”.
Regulation 12
6
In regulation 12 (reduction in amount of grant) —
a
in paragraph (1)(a), for “18.10” substitute “19.97”;
b
in paragraph (1)(b), for “36.20” substitute “39.94”;
c
in paragraph (1)(c), for “144.82” substitute “159.76”;
d
in paragraph (1)(d), for “362.04” substitute “399.41”;
e
in paragraph (2)(a), for “10.65” substitute “11.27”;
f
in paragraph (2)(b), for “21.29” substitute “22.53”;
g
in paragraph (2)(c), for “85.18” substitute “90.13”;
h
in paragraph (2)(d), for “212.95” substitute “225.32”.
Regulation 14
7
In paragraph (b) of regulation 14 (applicable amounts) for “£5,000” substitute “£6,000”.
Regulation 18
8
In paragraph (1A) of regulation 18 (determination of income on a weekly basis) —
a
in sub-paragraph (a), for “£70” substitute “£94.50”; and
b
in sub-paragraph (b), for “£105” substitute “£140”.
Regulation 19
9
In regulation 19 (treatment of child care charges) after paragraph (8) insert —
9
a
For the purposes of paragraph (1) a woman on maternity leave shall be treated as if she is engaged in remunerative work for the period specified in sub-paragraph (b) (“the relevant period”) provided that —
i
in the week before the period of maternity leave began she was in remunerative work;
ii
the relevant person incurred relevant child care charges in that week; and
iii
she is entitled to either statutory maternity pay under section 164 of the 1992 Act or maternity allowance under section 35 of that Act;
b
for the purposes of sub-paragraph (a) the relevant period shall begin on the day on which the woman’s maternity leave commences and shall end on —
i
the date that leave ends;
ii
if no tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement ends; or
iii
if a tax credit is in payment on the date that entitlement to maternity allowance or statutory maternity pay ends, the date that entitlement to that award of the tax credit ends,
whichever shall occur first;
c
in this paragraph “tax credit” means either working families tax credit or a disabled person’s tax credit provided that a childcare tax credit under either regulation 46(1)(ab) of the Family Credit (General) Regulations 1987 or, as the case may be, regulation 51(1)(aa) of the Disability Working Allowance (General) Regulations 1991 forms part of the entitlement to either of those credits.
10
Where paragraph (9) applies to a woman on maternity leave any child care charges in respect of the child to whom the maternity leave relates shall not be treated as relevant child care charges for the purposes of this regulation and regulation 18.
.
Regulation 31
10
In regulation 31 (notional income) —
a
in paragraph (9A) , after sub-paragraph (c)(ii) insert —
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus; or
;
b
in paragraph (10A) , at the end of sub-paragraph (b)(i) add —
, other than where the service is performed in connection with the relevant person’s participation in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus
.
Regulation 38
11
In paragraph (3A) of regulation 38 (notional capital) after sub-paragraph (b)(ii) insert —
iia
in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus;
.
Regulation 41
12
In regulation 41 (interpretation of Part II) —
a
immediately before the definition of “access funds” insert —
“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;
;
b
in the definition of “access funds” —
i
in paragraph (a), for “and described as “access bursary funds” or “hardship funds”” substitute “for the purpose of providing funds on a discretionary basis to be paid to students”;
ii
after paragraph (c) add —
or
d
discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the Learning and Skills Council for England under sections 5, 6 and 9 of the Learning and Skills Act 2000 ;
;
c
in the definition of “contribution” —
i
after “Secretary of State” in the first place where those words appear, insert “, the Scottish Ministers”;
ii
for “Secretary of State” in the other two places where those words appear, substitute “Scottish Ministers”;
d
omit the definition of “the FEFC ”;
e
in the definition of “full-time course of study” —
i
in paragraph (a), from “the FEFC” to the end substitute ““the Learning and Skills Council for England” or by the National Council for Education and Training for Wales or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers”;
ii
for paragraph (b) substitute —
b
is funded in whole or in part by the Learning and Skills Council for England or by the National Council for Education and Training for Wales if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out —
i
in the case of a course funded by the Learning and Skills Council for England, in his learning agreement signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
ii
in the case of a course funded by the National Council for Education and Training for Wales, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
;
iii
in paragraph (c) for “Secretary of State for Scotland”, substitute “Scottish Ministers”;
f
at the end of the definition of “student loan ” add “and shall include, in Scotland, a young student’s bursary paid under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 ”;
g
omit the definition of “year” .
Regulation 43
13
In regulation 43 (determination of grant income) —
a
in paragraph (3)(a) for “£255” substitute “£260”;
b
for paragraph (3)(b) substitute —
b
the sum of £319 towards the costs of books and equipment,
;
c
after paragraph (3) insert —
3A
There shall also be excluded from a student’s grant income —
a
any grant of £250 for an only or eldest dependent child payable under regulation 15(1)(c) of the Education (Student Support) Regulations 2001 ;
b
any grant of £500 in respect of expenditure on travel, books and equipment for the purpose of attending his course which is payable under regulation 15(8) of those Regulations;
c
any grant for child care costs payable under regulation 16 of those Regulations;
d
any grant in respect of a lone parent’s child care costs which is payable under regulation 4(1)(c) of the Students' Allowances (Scotland) Regulations 1999 and which is specified as such on the student’s award notice.
;
d
In paragraph (5) after “Any” insert “grant in respect of dependants paid under section 63(6) of the Health Services and Public Health Act 1968 (grants in respect of the provision of instruction to officers of hospital authorities) and any”.
Regulation 46
14
In regulation 46 (treatment of student loans) —
a
in paragraph (2) after paragraph (a) insert —
aa
in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week immediately following that which includes the first day of that academic year and ending with the benefit week which includes the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Secretary of State, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as that given by the definition in regulation 2 of the Education (Student Support) Regulations 2001;
;
b
in paragraph (5)(a) , for “£255” substitute “£260”;
c
for paragraph (5)(b) substitute —
b
the sum of £319 towards the costs of books and equipment,
.
Schedule 1
15
1
In paragraph 1 of Part I of Schedule I (applicable amounts: personal allowances) in the column headed “(2) Amount ” —
a
in sub-paragraph 1(a), for “£42.00” substitute “£42.70”;
b
in sub-paragraph 1(b), for “£53.05” substitute “£53.95”;
c
in sub-paragraph 2(a), for “£42.00” substitute “£42.70”;
d
in sub-paragraph 2(b), for “£53.05” substitute “£53.95”;
e
in sub-paragraph 3(a), for “£63.35” substitute “£64.45”;
f
in sub-paragraph 3(b), for “£83.25” substitute “£84.65”.
2
In paragraph 2 of Part I of Schedule I, in the column headed “(2) Amount ” —
a
in sub-paragraph (a), for “£31.45” substitute “£33.50”; and
b
in sub-paragraph (b), for “£32.25” substitute “£34.30”.
3
In paragraph 3(1) of Part II of Schedule 1 (applicable amounts: family premium), for “£14.50” substitute “£14.75”.
4
In Part III of Schedule 1 (applicable amounts: premiums), —
a
after paragraph 10, insert —
Bereavement premium
10A
1
The condition is that the relevant person —
a
had, as at 9th April 2001, attained the age of 55 but not the age of 60;
b
was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the 1992 Act in respect of the death of a spouse who died on or after 9th April 2001; and
c
is a single person or a lone parent.
;
b
in paragraph 12(1)(a)(i), for “disability working allowance” substitute “disabled person’s tax credit”;
c
in paragraph 14(1)(a), for “£5,000” substitute “£6,000”.
5
In paragraph 18 of Part IV (applicable amounts: premiums specified in Part III), —
a
in the column headed “ Amount ” —
i
in sub-paragraph 1(a), for “£39.10” substitute “£44.20”;
ii
in sub-paragraph 1(b), for “£57.30” substitute “£65.15”;
iii
in sub-paragraph 2(a), for “£39.10” substitute “£44.20”;
iv
in sub-paragraph 2(b), for “£57.30” substitute “£65.15”;
v
in sub-paragraph 3(a), for “£39.10” substitute “£44.20”;
vi
in sub-paragraph 3(b), for “£57.30” substitute “£65.15”;
b
after sub-paragraph 3, in the table in paragraph 18 insert the following sub-paragraph in each column —
3A
Bereavement Premium (3A) £21.55.
;
c
in the column headed “ Amount ” —
i
in sub-paragraph 4(a), for “£22.60” substitute “£23.00”;
ii
in sub-paragraph 4(b), for “£32.25” substitute “£32.80”;
iii
in sub-paragraph 5(a), for “£41.55” substitute “£42.25”;
iv
in sub-paragraph 5(b)(i), for “£41.55” substitute “£42.25”;
v
in sub-paragraph 5(b)(ii), for “£83.10” substitute “£84.50”;
vi
in sub-paragraph 6, for “£30.00” substitute “£35.50”;
vii
in sub-paragraph 7, for “£24.40” substitute “£24.80”;
viii
in sub-paragraphs 8(a) and (b), for “£11.05” substitute “£11.25”;
ix
in sub-paragraph 8(c), for “£16.00” substitute “£16.25”.
Schedule 3
16
In Schedule 3 (Sums to be disregarded in the determination of income other than earnings) —
a
in paragraph 2 after “incurred” insert “, or to be incurred,”;
b
in paragraph 11 , for sub-paragraph (d) substitute —
d
any child care expenses reimbursed to the relevant person in respect of his participation in a New Deal option, in the Intensive Activity period specified in regulation 75(1)(a)(iv) of the Jobseeker’s Allowance Regulations or in the Intensive Activity Period for 50 plus;
;
c
after paragraph 13, insert —
13A
Subject to paragraph 31, £15 of any —
a
widowed mother’s allowance paid pursuant to section 37 of the 1992 Act;
b
widowed parent’s allowance paid pursuant to section 39A of that Act.
;
d
at the end of paragraph 24 , add —
or
e
a primary care trust established under section 16A of the National Health Service Act 1977
;
e
in paragraph 31 , for “and 13” substitute “, 13 and 13A”;
f
for paragraph 61 substitute —
61
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
a
the self-employment route;
b
an employment programme specified in —
i
regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations (voluntary sector option of the new deal);
ii
regulation 75(1)(a)(ii)(cc) of those Regulations (environment task force option of the new deal) or;
c
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus.
;
g
At the end of that Schedule , add —
70
Any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001 .
.
Schedule 4
17
In Schedule 4 (Capital to be disregarded) —
a
in paragraph 9 at the end of sub-paragraph (c), omit “or” and at the end of sub-paragraph (d) add —
e
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001.
;
b
for paragraph 52 , substitute —
52
Any mandatory top-up payment made to a person pursuant to section 2 of the Employment and Training Act 1973 in respect of that person’s participation in —
a
the self-employment route;
b
an employment programme specified in —
i
regulation 75(1)(a)(ii)(bb) of the Jobseeker’s Allowance Regulations (voluntary sector option of the new deal);
ii
regulation 75(1)(a)(ii)(cc) of those Regulations (environment task force option of the new deal) or;
c
the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those Regulations or in the Intensive Activity Period for 50 plus,
but only for the period of 52 weeks from the date of receipt of the payment.
;
c
At the end of that Schedule , add —
64
Any training grant payable under the New Deal 50 Plus Employment Credit Scheme pursuant to arrangements made under section 2(1) of the Employment and Training Act 1973 but only for a period of 52 weeks from the date of payment.
65
The amount of a payment, other than a war pension within the meaning of section 25 of the Social Security Act 1989 , to compensate for the fact that the relevant person, the relevant person’s partner, the relevant person’s deceased spouse or the relevant person’s partner’s deceased spouse —
a
was a slave labourer or a forced labourer;
b
had suffered property loss or had suffered personal injury; or
c
was a parent of a child who had died,
during the Second World War.
.
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
28th February 2002
We consent to the making of the Regulations
Tony McNulty
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Buckinghamshire Health Authority (Transfer of Trust Property) No. 4 Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Buckinghamshire Health Authority ;
“the new Trust” means the Buckinghamshire Mental Health National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 5th February 2002 and on behalf of the new Trust on 17th 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
26th March 2002


text:
Citation and Interpretation
1
1
This Order may be cited as the Education Act 2002 (Commencement No. 1) (Amendment) Order 2002.
2
In this Order —
“the 2002 Act ” means the Education Act 2002;
“the Commencement No. 1 Order ” means the Education Act 2002 (Commencement No. 1) Order 2002 .
Amendment of Commencement No. 1 Order
2
The commencement of section 29 of the 2002 Act effected by article 4 of the Commencement No. 1 Order is hereby revoked.
3
Section 27 of the 2002 Act shall come into force except in relation to Wales on 2nd September 2002.
4
Accordingly article 4 of the Commencement No. 1 Order shall be amended by substituting “27 and 28” for “28 and 29”.
David Miliband
Minister of State
Department for Education and Skills
29th July 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines for Human Use (Kava-kava) (Prohibition) Order 2002 and shall come into force on 13th January 2003.
2
In this Order —
“ the Act ” means the Medicines Act 1968;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 ;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“external use” means application to the skin, hair, teeth, mucosa of the mouth, throat, nose, ear, eye, vagina or anal canal when a local action only is intended and extensive systemic absorption is unlikely to occur, and references to medicinal products being “for external use” shall be read accordingly — except that such references shall not include throat sprays, throat pastilles, throat lozenges, throat tablets, nasal drops, nasal sprays, nasal inhalations or teething preparations;
“free circulation in member States” has the same meaning as in Article 23.2, as read with Article 24, of the Treaty establishing the European Community; and
“medicinal product” does not include a medicinal product which is a veterinary drug.
Prohibition of sale, supply and importation of any medicinal product consisting of or containing Piper methysticum (known as Kava-kava)
2
Subject to article 3 below, the sale, supply or importation of any medicinal product consisting of or containing —
a
a plant belonging to the species Piper methysticum (known as Kava-kava); or
b
an extract from such a plant,
is prohibited.
Exceptions to the prohibition imposed by article 2
3
The prohibition imposed by article 2 above shall not apply where the medicinal product is —
a
for external use only;
b
sold or supplied to, or is imported by or on behalf of, any of the following persons —
i
an authorised officer within the meaning of section 5(6) of the Food Safety Act 1990 or Article 2(2) of the Food Safety (Northern Ireland) Order 1991 ,
ii
a food analyst or food examiner within the meaning of section 30 of the Food Safety Act 1990 or Article 30 or 31 of the Food Safety (Northern Ireland) Order 1991 ,
iii
a person duly authorised by an enforcement authority under sections 111 and 112 of the Act, or
iv
a sampling officer within the meaning of Schedule 3 to the Act ;
c
imported from an EEA State, if the product —
i
originates in an EEA State, or
ii
originates outside the European Economic Area, but is in free circulation in member States,
and is being, or is to be, exported to an EEA State other than the United Kingdom; or
d
the subject of —
i
a product licence ,
ii
a marketing authorization within the meaning given in regulation 1(4)(a) of the Medicines for Human Use (Marketing Authorisation Etc.) Regulations 1994 , or
iii
a certificate of registration within the meaning given in regulation 1(2) of the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
18th December 2002
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
18th December 2002


text:
Title and commencement
1
These Regulations may be cited as the Olive Oil (Marketing Standards) (Amendment) Regulations 2002 and shall come into force on 30th November 2002.
Amendment of the Olive Oil (Marketing Standards) Regulations 1987
2
In paragraph (1) of regulation 2 (interpretation) of the Olive Oil (Marketing Standards) Regulations 1987 —
a
in the definition of “the Commission Regulation”, for the words “Commission Regulation ( EC ) No. 282/98 ” there shall be substituted the words “Commission Regulation (EC) No. 796/2002 ” ; and
b
in the definition of “the Council Regulation”, for the words “Council Regulation (EC) No. 1638/98 ” there shall be substituted the words “Council Regulation (EC) No. 1513/2001 ” .
Whitty
Parliamentary Under Secretary of StateDepartment for Environment, Food and Rural Affairs
6th November 2002


text:
Citation, commencement and extent
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No. 3) Order 2002 and shall come into force on 14th November 2002.
Designation as a public body
2
Active Life Limited , being a person appearing to the Secretary of State to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970, in its application to England .
Restrictions on agreements — Active Life Limited
3
Agreements which may be entered into by Active Life Limited by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials, or the provision of administrative, professional or technical services to it by Canterbury City Council; and
b
that any such agreements are entered into during a period in respect of which it is in receipt of a grant from Canterbury City Council; and
c
that any such agreements are made in connection with the provision of recreational facilities in the area of Canterbury City Council.
Signed by authority of the Secretary of State.
Christopher Leslie
Parliamentary Under-Secretary of State,
Office of the Deputy Prime Minister
17th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Gloucestershire Royal 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 Gloucestershire Royal National Health Service Trust ;
“the new Trust” means the Gloucestershire Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 4th December 2001 and on behalf of the new Trust on 20th 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, commencement and interpretation
1
1
This Order may be cited as the North West London Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 30th September 2002.
2
In this Order —
“the old Trust” means the North West London Health Authority ;
“the new Trust” means the Chelsea and Westminster Healthcare National Health Service Trust ; and
“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 26th July 2002.
Transfer of trust property
2
1
On 30th September 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
4th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Teddington, Twickenham and Hamptons Primary Care Trust (Establishment) Amendment and Change of Name Order 2002 and shall come into force on 1st April 2002.
2
In this Order “ the Order ” means the Teddington, Twickenham and Hamptons Primary Care Trust (Establishment) Order 2001 ;
and “ the trust ” means the trust established by the Order.
Change of name of Primary Care Trust and transitional provisions
2
1
The trust shall be called the Richmond and Twickenham Primary Care Trust instead of the Teddington, Twickenham and Hamptons Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for the words “Teddington, Twickenham and Hamptons” there shall be substituted the words “Richmond and Twickenham”.
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 if referring to it under its new name.
Further Amendments of the Primary Care Trust Establishment Order
3
1
The Order shall be amended in accordance with the following paragraphs.
2
In article 4 —
a
in paragraph (1) for “5” in both places where it occurs there shall be substituted “6”; and
b
in paragraph (3)(c) for “2” there shall be substituted “3”.
3
For the Schedule, there shall be substituted the following Schedule —
SCHEDULE
AREA OF TRUST
Article 3
In the London Borough of Richmond upon Thames —
the electoral wards of Barnes, Central Twickenham, East Sheen, East Twickenham, Ham and Petersham, Hampton, Hampton Hill, Hampton Nursery, Hampton Wick, Heathfield, Kew, Mortlake, Palewell, Richmond Town, South Twickenham, Teddington, West Twickenham, Whitton.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
20th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Disability Discrimination (Educational Institutions) (Alteration of Leasehold Premises) Regulations 2002, and shall come into force on 28th June 2002.
Interpretation
2
In these Regulations —
“ the Act ” means the Disability Discrimination Act 1995;
“binding obligation” means a legally binding obligation (not contained in a lease) in relation to premises whether arising from an agreement or otherwise;
“relevant lessor” means a lessor who has received a written application by or on behalf of the occupier for consent to make an alteration to premises for the purposes of section 28W of, and Part 3 of Schedule 6 to, the Act.
Lessor withholding consent
3
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 6 to, the Act, to have withheld his consent for alterations to premises.
2
Subject to paragraph (3), a relevant lessor is to be taken to have withheld such consent where, within the period of 42 days beginning with the date on which he receives the application for consent, he —
a
fails to reply consenting to or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
ii
fails to seek that consent.
3
A relevant lessor is not to be taken to have withheld his consent for the purposes of paragraph (2) where —
a
the applicant fails to submit with the application such plans and specifications as it is reasonable for him to require before consenting to the alteration, and
b
within the period of 21 days beginning with the date on which he receives the application, he replies requesting the applicant to submit such plans and specifications.
4
However, where such plans and specifications are submitted to a relevant lessor in response to a request made in accordance with paragraph (3)(b), he shall be taken to have withheld his consent to the alteration where, within the period of 42 days beginning with the date on which he receives those plans and specifications, he —
a
fails to reply consenting to or refusing the alteration; or
b
i
replies consenting to the alteration subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, but
ii
fails to seek that consent.
5
A relevant lessor, who having sought the consent of the other person referred to in paragraphs (2)(b) or (4)(b), receives that consent, shall be taken to have withheld his consent to the alteration where, within the period of 14 days beginning with the day on which he receives the consent, he fails to inform the applicant in writing that he has received it.
6
A relevant lessor who, but for the requirements as to time, complies with the requirements of paragraphs (2), (4) or (5) shall be taken to have withheld his consent until such time as he so complies.
7
For the purposes of this regulation —
a
a relevant lessor is to be treated as not having sought another person’s consent unless —
i
he has applied in writing to that person indicating that —
aa
the occupier has applied for consent to the alteration of the premises in order to comply with a section 28T duty; and
bb
the relevant lessor has given his consent conditionally upon obtaining the other person’s consent; and
ii
he submits to that other person any plans and specifications which have been submitted to him;
b
“to reply” means to reply in writing.
Lessor withholding consent unreasonably
4
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 6 to, the Act to have acted unreasonably in withholding his consent for alterations to premises.
2
The circumstances so prescribed are that the lease provides that he shall give his consent to an alteration of the kind in question and he has withheld his consent to that alteration.
Lessor withholding consent reasonably
5
1
This regulation prescribes particular circumstances in which a relevant lessor is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 6 to, the Act to have acted reasonably in withholding his consent for alterations to premises.
2
The circumstances so prescribed are where —
a
i
there is a binding obligation requiring the consent of any person to the alteration;
ii
the relevant lessor has taken steps to seek that consent; and
iii
that consent has not been given, or has been given subject to a condition making it reasonable for him to withhold his consent; or
b
the relevant lessor does not know, and could not reasonably be expected to know, that the alteration is one which the occupier proposes to make in order to comply with a section 28T duty.
Lessor’s consent subject to conditions
6
1
This regulation prescribes particular circumstances in which a condition, subject to which a relevant lessor has given his consent to alterations to premises, is to be taken, for the purposes of section 28W of, and Part 3 of Schedule 6 to, the Act to be reasonable.
2
The circumstances so prescribed are where the condition is to the effect that —
a
the occupier must obtain any necessary planning permission and any other consent or permission required by or under any enactment;
b
the work must be carried out in accordance with any plans or specifications approved by the lessor, such approval not to be unreasonably withheld;
c
the lessor must be permitted a reasonable opportunity to inspect the work (whether before or after it is completed);
d
the consent of another person required under a superior lease or a binding agreement must be obtained;
e
the occupier must repay to the lessor the costs reasonably incurred in connection with the giving of his consent.
Modification of section 28W and paragraphs 10 to 12 of Schedule 6
7
1
In relation to any case where the occupier occupies premises under a sub-lease or sub-tenancy, the provisions of section 28W of, and Part 3 of Schedule 6 to, the Act shall have effect as if they contained the following modifications.
2
After section 28W(2), insert the following subsection —
2A
Except to the extent to which it expressly so provides, any superior lease in respect of the premises shall have effect in relation to the lessor and lessee who are parties to that superior lease as if it provided —
a
for the lessee to be entitled to give his consent to the alteration with the written consent of the lessor;
b
for the lessee to have to make a written application to the lessor for consent if he wishes to give his consent to the alteration;
c
if such an application is made, for the lessor not to withhold his consent unreasonably; and
d
for the lessor to be entitled to make his consent subject to reasonable conditions.
.
3
In section 28W(2), for “the lessor” substitute “his immediate landlord” where it occurs in sub-paragraphs (a) and (b) and “immediate landlord” where it occurs in sub-paragraphs (c) and (d).
4
In paragraphs 10 and 11 of Schedule 6 for “the lessor” in each place where it occurs substitute “his immediate landlord”.
5
After paragraph 11(1) of Schedule 6, insert the following paragraph —
1A
Where the lessee of any superior lease in relation to the premises has applied in writing to his lessor for consent to the alteration and —
a
that consent has been refused, or
b
the lessor has made his consent subject to one or more conditions,
the occupier, lessee or a disabled person who has an interest in the proposed alteration to the premises being made, may refer the matter to a county court or, in Scotland, to the sheriff.
.
6
In paragraph 12 of Schedule 6 —
a
in sub-paragraph (1), for “the lessor”, substitute “any lessor (including any superior landlord)”;
b
for sub-paragraph (2), substitute —
2
Unless it appears to the court that another lessor should be joined or sisted as a party to the proceedings, the request shall be granted if it is made before the hearing of the claim begins.
.
Margaret Hodge
Minister of State,
Department for Education and Skills
30th May 2002


text:
1
This Order may be cited as the Public Telecommunication System Designation (AT&T Global Network Services (UK) B.V.) Order 2002 and shall come into force on 14th June 2002.
2
Each of the Applicable Systems is hereby designated as a public telecommunication system.
Douglas Alexander,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
14th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wiltshire and Swindon Health Care 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 Wiltshire and Swindon Health Care National Health Service Trust ;
“the new Trust” means the Swindon and Marlborough National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 26th November 2001 and on behalf of the new Trust on 27th November 2001.
Transfer of trust property
2
1
On 1st April 2002 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scarborough, Whitby and Ryedale Primary Care Trust (Establishment) Order 2002 and shall come into force on 25th January 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Scarborough, Whitby and Ryedale Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 25th January 2002 a Primary Care Trust to be called the Scarborough, Whitby and Ryedale 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 North Yorkshire 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 Scarborough and North East Yorkshire 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
Jacqui Smith
Minister of State,
Department of Health
19th January 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (Borough of Poole) Order 2002 and shall come into force on 2nd April 2002.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the borough of Poole with the exception of the following roads:
a
the A31 road, known as the Wimborne Minster By-pass, for its entire length within the Borough of Poole;
b
the A350 road, from its junction with the A3049 road to its junction with the B3093 road, the B3093 road being known as the Wimborne Road;
c
the A3049 road from the borough boundary to its junction with the A348 road;
d
the A348 road, known as the Ringwood Road, from its junction with the A3049 at Canford Way to its junction with the A3049 at the Wallisdown Road;
e
the A35 road, known as the Wessex Way, from its junction with Poole Road to the boundary with the borough of Bournemouth.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Sally Keeble
Parliamentary Under-Secretary of State,
Department for Transport, Local Government and the Regions
26th February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warwickshire Health Authority (Transfer of Trust Property) Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“the old Trust” means the Warwickshire Health Authority ;
“the new Trust” means the North Warwickshire Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 1st February 2002 and on behalf of the new Trust on 3rd 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