text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education Act 2002 (Modification of Provisions) (England) Regulations 2002 and shall come into force on lst October 2002.
2
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002.
Amendment of section 45 of the 1998 Act
2
1
In section 45 of the 1998 Act, in subsection (2) for “46” there is substituted “45A”.
2
The amendment made by paragraph (1) shall not apply in relation to a school’s budget share for any financial year before the financial year starting on 1st April 2003.
Temporary modification of sections 27, 30 and 37 of, and Schedule 1 to, the 2002 Act
3
1
Prior to the definition of “maintained school” in section 39(1) of the 2002 Act coming into force in relation to England, “maintained school” in sections 27, 30, and 37 of, and Schedule 1 to, the 2002 Act means a maintained school as defined by section 20(7) of the 1998 Act.
2
Prior to section 19 of the 2002 Act coming fully into force in relation to England, references in Schedule 1 to that Act to the governing body are to the governing body of a maintained school incorporated under section 36(1) of the 1998 Act.
Temporary modification of Part 6 of the 2002 Act
4
Prior to the definition of “maintained school” in section 39(1) of the 2002 Act coming into force in relation to England, Part 6 of the 2002 Act shall have effect as if —
a
in section 79(3), for the words “or maintained nursery school” there were substituted the words “and the head teacher of every maintained nursery school”;
b
in section 89(1)(a) the words “and the governing body” were omitted;
c
in section 90(1) the words “or maintained nursery school” were omitted;
d
in section 90(3) the words “or a maintained nursery school” were omitted;
e
in section 94(1 ), for paragraphs (a) and (b) there were substituted —
a
in the case of a maintained school, to the governing body, and
b
in all cases, to the local education authority by whom the school is maintained,
;
f
in section 95, for the words “governing body”, in each place where they occur, there were substituted the words “relevant body”, and
g
after subsection (4) of section 95 there were substituted the following subsection —
5
In this section “the relevant body” means in the case of a maintained school its governing body, and in the case of a maintained nursery school the local education authority by whom the school is maintained.
Revocation
5
Regulation 3(1) of the Education Act 2002 (Transitional Provisions etc. ) (England) Regulations 2002 is revoked.
David Miliband
Minister of State,
Department for Education and Skills
9th September 2002


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Buckinghamshire National Health Service Trust (Establishment) Amendment Order 2002 and shall come into force on 1st April 2002.
2
In this Order —
“ the Order ” means the South Buckinghamshire National Health Service Trust (Establishment) Order 1992 ;
“ the trust ” means the National Health Service trust established by the Order.
Amendment of article 3 of the Order
2
In paragraph (2) of article 3 of the Order (nature and functions of the trust) the words “and community health services” are deleted.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
25th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) (Amendment) Regulations 2002 and shall come into force on 6th April 2002.
Interpretation
2
In these Regulations “the principal Regulations ” means the Life Assurance and Other Policies (Keeping of Information and Duties of Insurers) Regulations 1997 .
Amendment of the principal Regulations
3
1
Amend regulation 2 of the principal Regulations as follows.
2
In paragraph (1) at the end of the definition of “section 552” add “and a reference to that section without more includes, where necessary, a reference to section 552ZA of the Taxes Act ;”.
3
In paragraph (3) for “subsection (2) of section 552 shall be disregarded” substitute “the words “unless satisfied that no gain is to be treated as arising by reason of the event” in subsection (1)(a) shall be disregarded”.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
28th February 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (Borough of Brentwood) Order 2002 and shall come into force on 1st October 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 whole of the Borough of Chelmsford with the exception of the following roads:
a
the A12 road for the whole of its length within the Borough of Brentwood;
b
the A127 road for the whole of its length within the Borough of Brentwood; and
c
the M25 motorway for the whole of its length within the Borough of Brentwood.
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.
John Spellar
Minister of State,
Department for Transport
20th August 2002


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments) Regulations 2002 and shall come into force on 29th January 2002.
2
These Regulations shall have effect in relation to award periods commencing on or after 29th January 2002.
Interpretation
2
In these Regulations —
“award periods” means award periods of disabled person’s tax credit or, as the case may be, working families' tax credit;
“the Disability Working Allowance Regulations ” means the Disability Working Allowance (General) Regulations 1991 ;
“the Family Credit Regulations ” means the Family Credit (General) Regulations 1987 .
Treatment of child care charges
3
1
Amend regulation 51A(2) of the Disability Working Allowance Regulations and regulation 46A(2) of the Family Credit Regulations as follows.
2
In the definition of “relevant childcare charges” after sub-paragraph (e) insert
or
f
by persons registered under Part XA of the Children Act 1989 , or
g
by persons to whom section 79D of the Children Act 1989 (requirement to register) does not yet apply by virtue of paragraph 20 of the Care Standards Act 2000 (Commencement No. 7 (England) and Transitional, Transitory and Savings Provisions) Order 2001 , or
h
in schools or establishments which are exempted from registration under Part XA of the Children Act 1989 by virtue of paragraph 1 or 2 of Schedule 9A to that Act,
.
Income to be disregarded
4
1
Amend paragraph 25 of Schedule 3 to the Disability Working Allowance Regulations and paragraph 25 of Schedule 2 to the Family Credit Regulations as follows.
2
For the words “17 or 24” substitute “17, 23C, 24, 24A, or 24B” .
Capital to be disregarded
5
1
Amend paragraph 18 of Schedule 4 to the Disability Working Allowance Regulations and paragraph 18 of Schedule 3 to the Family Credit Regulations as follows.
2
For the words “17 or 24” substitute “17, 23C, 24, 24A or 24B”.
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
8th January 2002


text:
PART I
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Excise Goods (Accompanying Documents) Regulations 2002 and come into force on 1st April 2002.
Interpretation
2
1
In these Regulations —
“accompanying administrative document” means, subject to paragraph (2) below, the document specified in Annex I to Commission Regulation ( EEC ) No. 2719/92 or any document that in accordance with Article 2 of that Regulation replaces that document;
“authorized warehousekeeper”, except in regulation 7 below, has the meaning given in regulation 2 of the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 ;
“certificate of payment” means a document drawn up in compliance with the requirements of the member State to which the excise goods are consigned (including, where the context so requires, the United Kingdom) that certifies that excise duty has been paid in respect of those goods in that State;
“Community provisions” means, subject to paragraph (2) below —
in the case of accompanying administrative documents the provisions set out in Articles 1, 2 and 2a of Commission Regulation (EEC) No. 2719/92 including the instructions concerning completion and the procedures for use mentioned in Article 1,
in the case of simplified accompanying documents the provisions set out in Articles 1, 2, 3, 4 and 5 of Commission Regulation (EEC) No. 3649/92 and the explanatory notes set out on the reverse of copy 1 in the Annex;
“excise goods” means goods (other than chewing tobacco) of a class or description subject to any duty of excise;
“non-registered trader” has the meaning given in Article 4(e) of Council Directive 92/12/EEC ;
“occasional importer” has the meaning given in regulation 2(1) of the Excise Goods (Holding, Movement, Warehousing and REDS ) Regulations 1992 ;
“own use” does not include use for the purposes of any trade or business;
“REDS” means a registered excise dealer and shipper who is authorized, in the course of his business, to import without payment of excise duty excise goods from other member States but who is not authorized to hold or export such goods without first paying that duty;
“simplified accompanying document” means, subject to paragraph (2) below, the document specified in the Annex to Commission Regulation (EEC) No. 3649/92 or any document that in accordance with Article 2 of that Regulation replaces that document;
“transporter” means the person shown as the transporter in the accompanying administrative document or simplified accompanying document.
2
In any case where, under an exemption granted in accordance with Article 29 of Council Directive 92/12/EEC , a person is entitled to use, and uses, a document specified by Commission Regulation (EEC) No. 2238/93 in substitution for an accompanying administrative document or simplified accompanying document —
a
references in these Regulations to an accompanying administrative document or simplified accompanying document are to be treated as references to a document specified by that Regulation, and
b
references in these Regulations to Community provisions are to be treated as references to the provisions set out in Articles 3(1) and (4), 5(2) and (3), 6(1), (2), (3), (4) and (7), 8(1), (2) and (3), 9 and 10 of, and Annex II to, that Regulation.
Application
3
1
These Regulations do not apply to any excise goods that are being lawfully moved —
a
under the cover of a single administrative document;
b
from or to premises registered under section 41A(1) of the Alcoholic Liquor Duties Act 1979 (registered beer stores);
c
from or to premises in respect of which a person is registered under section 47(1) of the Alcoholic Liquor Duties Act 1979 (breweries);
d
from premises licensed under section 54(2) or section 55(2) of the Alcoholic Liquor Duties Act 1979 (wineries);
e
from premises in respect of which a person is registered under section 62(2) of the Alcoholic Liquor Duties Act 1979 (cider maker’s premises);
f
from or to premises registered in accordance with regulations made under section 7(1) of the Tobacco Products Duty Act 1979 (registered tobacco factories and stores);
g
for the use of, and to the order of, a person to whom section 13A of the Customs and Excise Duties (General Reliefs) Act 1979 (reliefs from duties and taxes for persons enjoying certain immunities and privileges) applies; or
h
in circumstances where, in accordance with regulations made under section 12(1) of the Customs and Excise Duties (General Reliefs) Act 1979 (supply of duty-free goods to Her Majesty’s ships), they are to be treated as exported.
2
In this regulation single administrative document has the same meaning as in Commission Regulation (EEC) No. 2454/93 .
PART II
EXPORTS UNDER DUTY SUSPENSION ARRANGEMENTS
Application of Part II
4
This Part does not apply to excise goods exported in accordance with the arrangements described in Article 10 of Council Directive 92/12/EEC (distance sales).
Completion of accompanying administrative documents
5
1
Excise goods entered for removal from an excise warehouse for exportation to another member State must not be removed from that warehouse unless —
a
the authorized warehousekeeper is the consignor for the purpose of complying with the Community provisions concerning accompanying administrative documents, and
b
the authorized warehousekeeper and any person authorized by him to act on his behalf ensure that the Community provisions are complied with when the accompanying administrative document is completed.
2
These requirements also apply to excise goods exported to another member State in the course of a movement to an ultimate destination within the United Kingdom.
Accompanying administrative documents for exports — supplementary provisions
6
1
Subject to paragraphs (4) and (5) below, an accompanying administrative document —
a
must not be amended, and
b
must accompany the excise goods to which it relates at all times until those goods arrive at their ultimate destination.
2
If the consignee of the excise goods is a non-registered trader, a certificate of payment must accompany the accompanying administrative document and the excise goods at all times until those goods arrive at their ultimate destination.
3
The authorized warehousekeeper from whose warehouse any excise goods have been removed for exportation to another member State must ensure, so far as it is in his power to do so, that the Community provisions are complied with at all times until the goods reach their ultimate destination.
4
For the purpose of complying with the Community provisions concerning changes in the destination of goods only the authorized warehousekeeper who completed the accompanying administrative document, or a person authorized by him to act on his behalf, may amend that document or enter information in Box B of that document to show a new consignee or place of delivery.
5
Where there is a new consignee or place of delivery —
a
any amendment made to the accompanying administrative document must comply with Article 15(5) of Council Directive 92/12/EEC , and
b
the authorized warehousekeeper must immediately give notice of the amendment to the Commissioners.
6
In this regulation where the ultimate destination of the goods is a place outside the Communities references to the ultimate destination of the goods are references to the place at which the goods finally leave the Communities.
Consignees
7
1
The person shown as the consignee in any accompanying administrative document must be —
a
an authorized warehousekeeper, or
b
a registered trader who is not a REDS, or
c
a non-registered trader who is not an occasional importer,
in a member State.
2
Paragraph (1) above does not apply in the case of goods consigned to an ultimate destination outside the Communities.
3
In this regulation authorized warehousekeeper and registered trader have the meanings given in Article 4 of Council Directive 92/12/EEC .
PART III
EXPORTS NOT UNDER DUTY SUSPENSION ARRANGEMENTS
Application of Part III
8
1
Subject to paragraph (2) below, this Part applies to excise goods in respect of which excise duty has been paid.
2
This Part does not apply —
a
to excise goods exported in accordance with the arrangements described in Article 10 of Council Directive 92/12/EEC (distance sales), or
b
in any case to which Part VII of the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999 applies, or
c
to excise goods exported by a person for his own use.
Completion of simplified accompanying documents
9
1
Excise goods must not be exported to another member State unless —
a
the exporter completes a simplified accompanying document showing that he is the supplier, and
b
when he completes that document he complies with the Community provisions.
2
These requirements also apply to excise goods exported to another member State in the course of a movement to an ultimate destination within the United Kingdom.
Simplified accompanying documents for exports — supplementary provisions
10
1
A simplified accompanying document —
a
must not be amended, and
b
must accompany the excise goods to which it relates at all times until those goods arrive at their ultimate destination.
2
A certificate of payment must accompany the simplified accompanying document and the excise goods at all times until those goods arrive at their ultimate destination.
3
The exporter must ensure, so far as it is in his power to do so, that the Community provisions are complied with at all times until the goods reach their ultimate destination.
PART IV
IMPORTS UNDER COMMUNITY DUTY SUSPENSION ARRANGEMENTS
Application of Part IV
11
1
Subject to paragraph (2) below, this Part applies to imported excise goods.
2
This Part does not apply to excise goods —
a
to which Part V below applies (imports not under Community duty suspension arrangements), or
b
to which Part VII of the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999 applies (simplified procedures), or
c
imported in accordance with the arrangements described in Article 10 of Council Directive 92/12/EEC (distance sales), or
d
to excise goods imported by a person for his own use.
Accompanying administrative documents for imports
12
Imported excise goods must be consigned to —
a
an authorized warehousekeeper, or
b
a REDS, or
c
an occasional importer, or
d
an ultimate destination outside the United Kingdom,
and must at all times be accompanied by an accompanying administrative document that complies with the Community provisions.
Accompanying administrative documents for imports — supplementary provisions
13
1
Except as provided in paragraph (4) below, an accompanying administrative document must not be amended.
2
If the consignee of the excise goods is a non-registered trader, a certificate of payment must accompany the accompanying administrative document and the excise goods at all times until those goods arrive at their ultimate destination.
3
The person to whom any excise goods are consigned from another member State must ensure, so far as it is in his power to do so, that the Community provisions are complied with at all times.
4
For the purpose of complying with the Community provisions concerning changes in the destination of goods only the consignor who completed the accompanying administrative document, or a person authorized by him to act on his behalf, may amend that document or enter information in Box B of that document to show a new consignee or place of delivery.
Receipt of goods under Community duty suspension arrangements
14
1
The consignee must, upon receipt of the excise goods, complete the certificates on the reverse of copies 2, 3 and 4 of the accompanying administrative document in accordance with the Community provisions.
2
If the quantity of excise goods received is less than the consigned quantity shown on the accompanying administrative document —
a
the consignee must, no later than the third day after that on which he received the excise goods, send copy 3 of the accompanying administrative document to the Commissioners together with such other documents and such information as may be necessary to enable the Commissioners to determine whether the shortage was attributable to fortuitous events or force majeure or to losses inherent in the nature of the excise goods, and
b
the Commissioners must, no later than the fifth day after that on which they received the documents and information supplied to them in accordance with this regulation, return copy 3 of the accompanying administrative document to the consignee.
This paragraph does not apply to hydrocarbon oil brought by sea where the consigned quantity shown on the accompanying administrative document exceeds 50,000 litres and any shortage does not exceed 0.5 per cent. of that quantity.
3
The Commissioners are not required to comply with paragraph (2)(b) above in any case where they —
a
require further documents or information in order to determine whether the shortage was attributable to fortuitous events or force majeure or to losses inherent in the nature of the excise goods, or
b
have reasonable grounds to suspect that any document or information supplied to them in accordance with this regulation is inaccurate or untrue.
4
Except where paragraph (3) above applies, the consignee must, no later than the fifteenth day of the month following that in which he received the excise goods, send copy 3 of the accompanying administrative document, with the completed certificate on the reverse, to the person shown as the consignor in that document.
5
Where paragraph (3) above applies and the Commissioners return copy 3 of the accompanying administrative document to the consignee he must send that copy to the person shown as the consignor in that document no later than either —
a
the fifteenth day of the month following that in which he received the excise goods, or
b
the third day after that on which he received that copy from the Commissioners,
whichever is the later.
6
For the purpose of calculating a number of days mentioned in paragraphs (2) and (5)(b) above any day that is a Saturday, Sunday, Christmas Day, Boxing Day, New Year’s Day, Good Friday or Easter Monday is not to be counted.
7
In this regulation and in regulation 21(3) below “consignee” means the person who is shown as the consignee in the accompanying administrative document.
PART V
IMPORTS NOT UNDER COMMUNITY DUTY SUSPENSION ARRANGEMENTS
Application of Part V
15
1
Subject to paragraph (2) below, this Part applies to imported excise goods consigned from another member State in respect of which that member State’s excise duty has been paid and has not, at the time of importation, been remitted, refunded or drawn back.
2
This Part does not apply —
a
to excise goods imported in accordance with the arrangements described in Article 10 of Council Directive 92/12/EEC (distance sales), or
b
in any case to which Part VII of the Excise Goods (Sales on Board Ships and Aircraft) Regulations 1999 applies (simplified procedures), or
c
to excise goods imported by a person for his own use.
Simplified accompanying documents for imports
16
Imported excise goods must be consigned —
a
to the person shown on the simplified accompanying document as the recipient, or
b
if the recipient is not in the United Kingdom, to an ultimate destination outside the United Kingdom,
and must at all times be accompanied by a simplified accompanying document that complies with the Community provisions.
Simplified accompanying documents for imports — supplementary provisions
17
1
A simplified accompanying document must not be amended.
2
A certificate of payment must accompany the simplified accompanying document and the excise goods at all times until those goods arrive at their ultimate destination.
3
The person to whom any excise goods are consigned from another member State must ensure, so far as it is in his power to do so, that the Community provisions are complied with at all times.
Receipt of excise goods
18
1
The recipient must, upon receipt of the excise goods, complete the certificates on the reverse of copies 2 and 3 of the simplified accompanying document in accordance with the Community provisions.
2
Except where the supplier does not require it, the recipient must, no later than the fifteenth day of the month following that in which he received the excise goods, send copy 3 of the simplified accompanying document to the person shown as the supplier in that document.
3
In this regulation and in regulation 21(4) below “recipient” means the person who is shown as the recipient in the simplified accompanying document.
PART VI
OBLIGATIONS, CONDITIONS AND RESTRICTIONS
General conditions and restrictions
19
1
The Commissioners may in a notice published by them and not withdrawn by a further notice impose on authorized warehousekeepers conditions and restrictions subject to which excise goods to which these Regulations apply may be deposited in or removed from excise warehouses.
2
The Commissioners may in a notice published by them and not withdrawn by a further notice prescribe conditions and restrictions subject to which excise goods to which these Regulations apply and in respect of which excise duty has not been paid may be imported by REDS and occasional importers.
3
A certificate of payment that relates to excise goods imported by an occasional importer must be in such form and conform with such other requirements as are prescribed by the Commissioners in a notice published by them and not withdrawn by a further notice.
4
The Commissioners may in a notice published by them and not withdrawn by a further notice impose on transporters and on persons undertaking the carriage of excise goods requirements concerning the keeping and preservation of accompanying administrative documents and simplified accompanying documents.
Obligations of owners and transporters
20
1
Every owner and every transporter of excise goods to which these Regulations apply must ensure, so far as it is in his power to do so, that the Community provisions are complied with at all times.
2
Every transporter of excise goods to which these Regulations apply must, whilst the goods remain in his custody or under his control, produce or cause to be produced to an officer any accompanying administrative document or simplified accompanying document and any certificate of payment that is required to accompany the goods when required to do so.
3
This regulation also applies to —
a
any person who undertakes the carriage of excise goods who is not shown as the transporter in the accompanying administrative document or simplified accompanying document, and
b
the driver of any vehicle in which the goods are being carried,
as it applies to the transporter.
PART VII
EXCISE DUTY POINT, PAYMENT OF EXCISE DUTY, FORFEITURE AND CIVIL PENALTIES
Excise duty point
21
1
The excise duty point for excise goods to which these Regulations apply and in respect of which there has been a contravention described in paragraph (2), (3), or (4) below is the time specified in paragraph (5) below.
2
For excise goods to which Part II above applies (exports under duty suspension arrangements) the contraventions are —
a
removal of the goods from an excise warehouse in contravention of regulation 5 above (completion of accompanying administrative documents); and
b
whilst the goods are in the United Kingdom —
i
contravention of or failure to comply with regulation 6(1) or (2) or (4) or (5) above (accompanying administrative documents for exports — supplementary provisions);
ii
after removal of the goods from an excise warehouse, contravention of or failure to comply with the Community provisions; and
iii
contravention of or failure to comply with regulation 7 above (consignees).
3
For excise goods to which Part IV above applies (imports under Community duty suspension arrangements) the contraventions are —
a
contravention of or failure to comply with regulation 12 above (accompanying administrative documents for imports);
b
contravention of or failure to comply with regulation 13(1) or (3) above (accompanying administrative documents for imports — supplementary provisions);
c
contravention of or failure to comply with the Community provisions;
d
delivery of the goods to a place other than the place for delivery specified in the accompanying administrative document; and
e
except where the failure is occasioned by action or inaction on the part of the Commissioners, failure by the consignee to comply with regulation 14 above (receipt of goods under Community duty suspension arrangements).
4
For the excise goods to which Part V above applies (imports not under Community duty suspension arrangements) the contraventions are —
a
contravention of or failure to comply with regulation 16 above (simplified accompanying documents for imports);
b
contravention of or failure to comply with regulation 17(1) above (simplified accompanying documents for imports — supplementary provisions);
c
contravention of or failure to comply with the Community provisions;
d
delivery of the goods to a place other than the place for delivery specified in the simplified accompanying document; and
e
failure by the recipient to comply with regulation 18 above (receipt of excise goods).
5
The excise duty point is —
a
for excise goods to which Part II above applies, the time the goods were removed from the excise warehouse;
b
in any other case, the time the excise goods were imported.
Payment
22
1
Subject to paragraphs (2) to (4) below, the person liable to pay the excise duty at the excise duty point is —
a
for excise goods to which Part II above applies (exports under duty suspension arrangements), the authorized warehousekeeper;
b
for excise goods to which Part IV above applies (imports under Community duty suspension arrangements), the person shown as consignor on the accompanying administrative document or, if someone other than the consignor is shown in Box 10 of that document as having arranged for the guarantee, that other person; or
c
for excise goods to which Part V above applies (imports not under Community duty suspension arrangements), the person shown as the recipient in the simplified accompanying document.
2
The authorized warehousekeeper is not the person liable to pay the excise duty in accordance with paragraph (1)(a) above in any case where —
a
the contravention that occasioned the excise duty point was not caused by the authorized warehousekeeper and occurred after the goods had been removed from the excise warehouse, and
b
the authorized warehousekeeper did not provide security for the export, and
c
the transporter or the owner of the goods did provide security for the export.
3
In any case where paragraph (2) above applies, the person liable to pay the excise duty due at the excise duty point is the transporter or the owner of the goods who provided security for the export.
4
Any person whose conduct caused a contravention described in regulation 21 above so that there was an excise duty point is jointly and severally liable to pay the excise duty at that excise duty point with the person specified in paragraph (1) or (3) above.
Time for payment
23
Any excise duty that any person is liable to pay by virtue of this Part must be paid immediately.
Forfeiture
24
If in relation to any excise goods that are liable to a duty of excise that has not been paid there is —
a
a contravention of any provision of these Regulations, or
b
a contravention of any condition or restriction imposed by or under these Regulations,
those goods shall be liable to forfeiture.
Civil penalties
25
1
In the case of any contravention of or failure to comply with any relevant regulation or any Community provision, section 100J of the Customs and Excise Management Act 1979 (contravention of registered excise dealers and shippers regulations) applies for the purpose of attracting civil penalties under section 9 of the Finance Act 1994 in the following manner.
2
Any contravention of any relevant regulation is treated as if it were a contravention of a provision of registered excise dealers and shippers regulations.
3
In so far as the contravention or failure is not included in paragraph (2) above, any contravention of or failure to comply with any Community provision is treated as if it were a failure to comply with a condition or restriction imposed by or under registered excise dealers and shippers regulations.
4
In this regulation “relevant regulation” means the following regulations —
5(1)(b) (completion of accompanying administrative documents);
6 (accompanying administrative documents for exports — supplementary provisions);
7 (consignees);
9 (completion of simplified accompanying documents);
10 (simplified accompanying documents for exports — supplementary provisions);
12 (accompanying administrative documents for imports);
13 (accompanying administrative documents for imports- supplementary provisions);
14 (receipt of goods under Community duty suspension arrangements);
16 (simplified accompanying documents for imports);
17 (simplified accompanying documents for imports- supplementary provisions);
18 (receipt of excise goods);
20(1) (obligations of owners and transporters).
PART VIII
ADMINISTRATIVE PROVISION AND CONSEQUENTIAL AMENDMENTS
Administrative provision — imports
26
1
This regulation applies to excise goods to which Part IV above applies (imports under Community duty suspension arrangements).
2
Where, in accordance with regulation 14 above the Commissioners receive an accompanying administrative document they must endorse that document to indicate that they have seen it.
3
The Commissioners must consider whether a shortage shown on the certificate of receipt on the reverse of the accompanying administrative document was attributable to fortuitous events or force majeure or to losses inherent in the nature of the excise goods and annotate the certificate of receipt accordingly.
4
The annotation required by paragraph (3) above must indicate whether the Commissioners have granted exemption, partial exemption or no exemption from excise duty in respect of the shortage.
Excise Warehousing (Etc.) Regulations 1988
27
1
Amend the Excise Warehousing (Etc.) Regulations 1988 as follows.
2
After regulation 10 insert —
Goods to which section 46 of the Customs and Excise Management Act 1979 applies
10A
1
This regulation applies to goods other than hydrocarbon oil that have been imported from a place outside the Communities (“section 46 goods”).
2
Section 46 goods may be entered for warehousing and moved from their place of importation to an excise warehouse without payment of excise duty if, but only if, the following conditions are complied with —
a
any customs duty charged on the goods is paid or otherwise accounted for to the satisfaction of the Commissioners, and
b
at all times during the movement the goods are accompanied by a copy of copy 6 of the single administrative document that was used to make the customs declaration for those goods.
3
In this regulation the references to copy 6 of the single administrative document and the customs declaration have the same meaning as in Commission Regulation (EEC) No. 2454/93 .
3
After regulation 17(5) insert —
6
Subject to paragraph (7) below, goods entered for removal from an excise warehouse for any of the purposes set out in regulation 16 above shall be accompanied by an accompanying document that has been completed and is used in accordance with the instructions for completion and use set out on the reverse of copy 1 of that document.
7
Paragraph (6) above does not apply to —
a
goods entered for removal for home use, shipment as stores or denaturing;
b
goods entered for removal for use by a person to whom section 13A of the Customs and Excise Duties (General Reliefs) Act 1979 (reliefs from duties and taxes for persons enjoying certain immunities and privileges) applies;
c
goods entered for removal that are, in accordance with regulations made under section 12(1) of the Customs and Excise Duties (General Reliefs) Act 1979 (supply of duty-free goods to Her Majesty’s ships), to be treated as exported;
d
spirits entered for removal for use by a person authorised to receive them in accordance with section 8 of the Alcoholic Liquor Duties Act 1979 (remission of duty in respect of spirits used for medical or scientific purposes);
e
goods entered for removal for exportation in circumstances to which Part II of the Excise Goods (Accompanying Documents) Regulations 2002 apply;
f
goods that are being lawfully moved under the cover of a single administrative document; or
g
any goods that are entered for removal from an excise warehouse for any of the purposes set out in regulation 16 above before 1st October 2002 if those goods are accompanied by a document that has been approved by the Commissioners for that purpose.
8
If there is a contravention of, or failure to comply with, paragraph (6) above, the excise duty point for excise goods that are required by this regulation to be accompanied by an accompanying document is the time those goods were removed from the excise warehouse.
9
The person liable to pay the excise duty at the excise duty point is —
a
the person who arranged for the security required by regulation 16(5) above, or
b
if regulation 16(5) above was not complied with, the authorized warehousekeeper.
10
Any person whose conduct caused a contravention of, or failure to comply with, paragraph (6) above is jointly and severally liable to pay the excise duty with the person specified in paragraph (9) above.
11
Any excise duty that any person is liable to pay by virtue of this regulation must be paid immediately.
12
In this regulation —
“single administrative document” has the same meaning as in Commission Regulation (EEC) No. 2454/93 ;
“accompanying document” means the document set out in Schedule 4 below.
4
Insert Schedule 4 (set out in the Schedule below) after Schedule 3.
The Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992
28
1
Amend the Excise Goods (Holding, Movement, Warehousing and REDS) Regulations 1992 as follows.
2
In regulation 2(1), for the definitions of “accompanying document” and “certificate of receipt” substitute —
“accompanying document” means the accompanying administrative document set out in the Annex to Commission Regulation (EEC) No. 2719/92 or, as the case may require, the simplified accompanying document set out in the Annex to Commission Regulation (EEC) No. 3649/92 ;
“certificate of receipt” means the certificate of receipt set out on the reverse of one or more of the copies of the accompanying document;
.
3
In regulation 5 —
a
in paragraph (3)(a), for the word “the” immediately before the word “importer” substitute the word “an”, and
b
omit paragraph (7).
4
In regulation 7 omit paragraph (b).
5
In regulation 10(1)(b) for the word “appropriate” substitute the word “accompanying”.
6
In regulation 11 —
a
in sub-paragraph (a) of paragraph (1) for the words “a document” to the end of that sub-paragraph substitute “an accompanying document”;
b
omit sub-paragraph (c) of paragraph (2);
c
in paragraph (3) for the words “a certificate” to the end of that paragraph substitute “a certificate of receipt”.
d
in paragraph (5) for the word “If” substitute “Except in the case of any excise goods to which the Excise Goods (Accompanying Documents) Regulations 2002 apply, if”;
d
in paragraph (7) for the word “The” substitute “Except in the case of any excise goods to which the Excise Goods (Accompanying Documents) Regulations 2002 apply, the”.
7
In regulation 15 omit paragraph (4).
The Beer Regulations 1993
29
In regulation 13(3) of the Beer Regulations 1993 after the word “Save” insert “in the case of beer to which the Excise Goods (Accompanying Documents) Regulations 2002 apply or”.
The Warehousekeepers and Owners of Warehoused Goods Regulations 1999
30
After regulation 11(2)(a) of the Warehousekeepers and Owners of Warehoused Goods Regulations 1999 insert —
aa
consign relevant goods to other member States.
New King’s Beam House 22 Upper Ground LONDON SE1 9PJ
M J Eland
Commissioner of Customs and Excise
6th March 2002


text:
1
This Order may be cited as the Financial Assistance For Industry (Increase of Limit) Order 2002 and shall come into force on the day after it is made.
2
The limit specified in section 8(5) of the Industrial Development Act 1982 shall be increased by the sum of £200 million to £2,500 million.
3
This Order extends to the whole of the United Kingdom.
Alan Johnson,
Minister of State for Employment Relations and Regions,
Department of Trade and Industry
23rd January 2002
We consent to the making of this Order,
Nick Ainger,
Anne McGuire,
Two of the Lords Commissioners of Her Majesty’s Treasury
28th January 2002


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Financial Promotion and Miscellaneous Amendments) Order 2002 and comes into force on 5th June 2002.
Amendments to the Financial Promotion Order
2
1
This article amends the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 .
2
In article 2(1) (interpretation), in the definition of “publication”, after “web site”, insert “or similar system for the electronic display of information”.
3
In sub-paragraph (c) of paragraph (2) of article 20 (communications by journalists) —
a
at the end of sub-paragraph (ii), omit “or”; and
b
at the end of sub-paragraph (iii), insert —
; or
the Programme Code of the Independent Television Commission
.
4
In article 49(2) (high net worth companies, unincorporated associations etc. ), for sub-paragraph (a), substitute —
a
any body corporate which has, or which is a member of the same group as an undertaking which has, a called-up share capital or net assets of not less than —
i
if the body corporate has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000;
ii
otherwise, £5 million;
.
5
In Schedule 3 (markets and exchanges) —
a
for the heading of Part II (“Certain Investment Exchanges Operating Relevant EEA Markets”), substitute “Certain Investment Exchanges Operating Relevant EEA Markets and Certain Relevant EEA Markets”;
b
in Part II, for “Neuvo Mercato (Italy).”, substitute “Nuovo Mercato (Italy).”;
c
after that entry, insert “ OFEX ( UK ).”; and
d
in Part III —
i
omit “Alberta Stock Exchange.”, “Vancouver Stock Exchange.” and “Winnipeg Stock Exchange.”; and
ii
after “Buenos Aires Stock Exchange.”, insert “Canadian Venture Exchange.”.
6
In Schedule 4 (takeovers of relevant unlisted companies) —
a
in paragraph 22, for “paragraph 17, 19 or 21”, substitute “paragraph 17, 18 or 21”;
b
in paragraphs 28(1)(b), 28(2)(a) and 31, for “invitation or information”, substitute “invitation or inducement”;
c
in paragraph 28(2) and 45, in each case —
i
for “passed a resolution in accordance with section 252 of the 1985 Act or article 260 of the 1986 Order”, substitute “been exempt from the provisions of Part VII of the 1985 Act relating to the audit of accounts by virtue of section 249A or 249AA of that Act or been exempt from the provisions of Part VIII of the 1986 Order relating to the audit of accounts by virtue of article 257A or 257AA of the 1986 Order ”; and
ii
for “from the obligation to appoint auditors”, substitute “from those provisions of Part VII of the 1985 Act or Part VIII of the 1986 Order”; and
d
in paragraph 47, for “Part I”, substitute “Part II”.
Amendments to the Promotion of Collective Investment Schemes Order
3
1
This article amends the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 .
2
In article 2(1) (interpretation), in the definition of “publication”, after “web site”, insert “or similar system for the electronic display of information”.
3
In article 22(2) (high net worth companies, unincorporated associations etc.), for sub-paragraph (a), substitute —
a
any body corporate which has, or which is a member of the same group as an undertaking which has, a called-up share capital or net assets of not less than —
i
if the body corporate has more than 20 members or is a subsidiary undertaking of an undertaking which has more than 20 members, £500,000;
ii
otherwise, £5 million;
.
Council of Europe Development Bank
4
1
In article 6(1)(a) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 , for sub-paragraph (xx), substitute —
xx
the Council of Europe Development Bank;
.
2
For paragraph 21 of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 , substitute —
21
The Council of Europe Development Bank.
.
Anne McGuire
Graham Stringer
Two of the Lords Commissioners of Her Majesty’s Treasury
9th May 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wakefield 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 Wakefield Health Authority ;
“the new Trust” means the Pinderfields and Pontefract 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 13th March 2002 and on behalf of the new Trust on 11th March 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 commencement
1
This Order may be cited as the Asylum Support (Repeal) Order 2002 and shall come into force on 8th April 2002.
Repeal of section 96(3) of the Immigration and Asylum Act 1999
2
Subsection (3) of section 96 of the Immigration and Asylum Act 1999 (ways in which support may be provided) is hereby repealed.
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
21st March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Portsmouth Healthcare 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 Portsmouth Healthcare National Health Service Trust ;
“the new Trusts” means the West Hants National Health Service Trust and the Portsmouth City Primary Care Trust ;
“the trust property” means the property specified in the two schedules of trust property more specifically described in paragraphs (1) and (2) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the West Hants National Health Service Trust and signed on behalf of the old Trust and on behalf of the West Hants National Health Service Trust on 23rd November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the West Hants National Health Service Trust.
2
On 1st April 2002 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Portsmouth City Primary Care Trust and signed on behalf of the old Trust and on behalf of the Portsmouth City Primary Care Trust on 20th November 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Portsmouth City Primary Care Trust.
3
1
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 relevant 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 relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th March 2002


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2002 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2003.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows —
Category 1 vehicles £4.50 Category 2 vehicles £9.00 Category 3 vehicles £13.50
3
The Severn Bridges Tolls Order 2001 is hereby revoked.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
2nd December 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Dorset) (District of West Dorset) Order 2002 and shall come into force on 1st July 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 district of West Dorset with the exception of the A35 trunk road, including its on and off slip roads, for the whole of its length in the district.
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
1
The 1984 Act shall be modified in relation to the parking area as specified in Part I of Schedule 2 to this Order.
2
Schedule 3 to the 1991 Act shall be modified in relation to the parking area as specified in Part II of Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
10th June 2002


text:
Title, application and commencement
1
This Order may be cited as the Disease Control (Interim Measures) (England) (No. 2) (Amendment) Order 2002; it applies to England and shall come into force on 30th September 2002.
Amendment of the Disease Control (Interim Measures) (England) (No. 2) Order 2002
2
1
The Disease Control (Interim Measures) (England) (No. 2) Order 2002 shall be amended in accordance with the following provisions of this article.
2
In article 2, the definition of “hunting” shall be deleted.
3
In article 3(3)(f) —
a
for the words “a goat of either sex” there shall be substituted the words “a ram or a goat of either sex”; and
b
after the words “after the date of its return unless” there shall be inserted the words “, in the case of a goat,”.
4
In article 3(10), for the words “a veterinary inspector” there shall be substituted the words “an inspector”.
5
For article 3(11), there shall be substituted the following —
11
A notice issued under paragraph (10) may be varied or revoked at any time by a further notice in writing issued by —
a
a veterinary inspector, if the notice to be varied or revoked was issued by a veterinary inspector; or
b
a veterinary or any other inspector, if the notice to be varied or revoked was issued by an inspector other than a veterinary inspector.
11A
A notice issued under paragraph (11) shall be served on the persons on whom the notice which it varies or revokes was served,
.
6
Article 5 shall be deleted.
7
In article 6(3) —
a
for the words “3(3)(h)” there shall be substituted “3(10)”; and
b
the words “or 5(2)(b)” shall be deleted.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
5th September 2002


text:
1
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 3) Order 2002.
2
In this Order, “the 2002 Act ” means the Police Reform Act 2002.
2
The following provisions of the 2002 Act shall come into force on 2nd December 2002 —
a
in Part 4 (police powers etc ) —
i
section 38 (police powers for police authority employees);
ii
in Schedule 4 (powers exercisable by police civilians) —
a
paragraph 1, except sub-paragraph 1(2)(a);
b
paragraph 2 (1),(2), (5), except sub-paragraphs (b) and (c), and (6);
c
paragraph 3(1); and
d
paragraphs 5 to 8 and 10 to 36;
iii
sections 40 and 41 (community safety accreditation schemes) and Schedule 5 (powers exercisable by accredited persons);
iv
section 44 (powers of traffic wardens);
v
section 46 (offences against designated and accredited persons);
vi
section 50 (power to require name and address from persons acting in anti-social manner);
vii
sections 61, 62, 64, 65, except new section 1D(1)(b) of the Crime and Disorder Act 1998 , and 66 except new section 1E(1)(b) of the Crime and Disorder Act 1998 (anti-social behaviour); and
viii
sections 67 to 69 and 72 to 74 (sex offender orders);
b
in Part 7 (supplemental) —
i
section 107 (consequential amendments and repeals) in so far as it relates to the entries in Schedules 7 and 8 in sub-paragraphs (ii) and (iii) below;
ii
paragraphs 4, 8 and 9 of Schedule 7 (minor and consequential amendments); and
iii
in Schedule 8 (repeals), the entries relating to:
a
the Road Traffic Regulation Act 1984;
b
the Police and Criminal Evidence Act 1984; and
c
section 1 of the Crime and Disorder Act 1998.
3
The following provisions of Schedule 4 to the 2002 Act shall come into force on 2nd December 2002 in the police areas of Devon and Cornwall, Gwent, Lancashire, Northamptonshire, West Yorkshire and the metropolitan police district only —
a
paragraph 2 (3), (4), (5)(b) and (c);
b
paragraph 3(2); and
c
paragraph 4.
4
The following provisions of the 2002 Act shall come into force on 1st January 2003 —
a
section 59 (seizure of vehicles); and
b
paragraph 9 of Schedule 4 (seizure of vehicles by police civilians).
5
Section 82 (nationality requirements) of the 2002 Act, to the extent not already in force, shall come into force on 3rd February 2003.
John Denham
Minister of State
Home Office
5th November 2002


text:
Citation and extent
1
1
This Order may be cited as the Police Act 1997 (Commencement No. 9) Order 2002.
2
The Order extends to England and Wales.
Commencement on 1st March 2002
2
1
The following provisions of the Police Act 1997 shall come into force on 1st March 2002.
2
those provisions are —
a
Part V (which consists of sections 112 to 127) except —
i
section 112, and
ii
to the extent that it is already in force;
b
section 134 (amendments and repeals), in respect of paragraph 65 of Schedule 9 and in respect of the entry in Schedule 10 relating to the Road Traffic Act 1991;
c
paragraph 65 of Schedule 9; and
d
Schedule 10 in respect of the entry relating to the Road Traffic Act 1991.
John Denham
Minister of State
Home Office
22nd February 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Coventry Primary Care Trust (Establishment) Order 2002 and shall come into force on 20th March 2002.
2
In this Order, unless the context otherwise requires —
“the Act” means the National Health Service Act 1977;
“Executive Committee” has the meaning given in regulation 1(2) of the Membership Regulations ;
“member”, “officer member” and “non-officer member” have the meanings given in regulation 1(2) of the Membership Regulations;
“Membership Regulations” means the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 ;
“operational date” is to be construed in accordance with paragraph 1(2) of Schedule 5A to the Act;
“preparatory period” is to be construed in accordance with paragraph 2(2) of Schedule 5A to the Act;
“the trust” means the Coventry Primary Care Trust established by article 2 of this Order.
Establishment, operational date and name of the Primary Care Trust
2
1
There is hereby established with effect from 20th March 2002 a Primary Care Trust to be called the Coventry Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 6 officer members and 6 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
3 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Coventry 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 Coventry 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
10th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Industrial Injuries) (Prescribed Diseases) Amendment Regulations 2002, and shall come into force on 29th July 2002.
Amendment of the Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985
2
1
The Social Security (Industrial Injuries) (Prescribed Diseases) Regulations 1985 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 20 (special conditions for disablement benefit for pneumoconiosis, byssinosis and diffuse mesothelioma) in paragraphs (1), (1A) and (1B) for the words “, byssinosis or diffuse mesothelioma” there shall be substituted the words “or byssinosis”.
3
After regulation 20 there shall be inserted the following new regulation: —
Diffuse mesothelioma — prescribed loss of faculty
20A
1
For the purposes of paragraph 1 of Schedule 6 to the Social Security Contributions and Benefits Act 1992 (which provides for the assessment of the extent of disablement for the purposes of industrial injuries disablement benefit), the loss of faculty set out in paragraph (2) below is prescribed under sub-paragraph (d) of that paragraph 1 (loss of faculty from which the resulting disabilities are to be taken as amounting to 100 per cent. disablement).
2
The loss of faculty referred to in paragraph (1) above is impaired function of the pleura, pericardium or peritoneum function caused by diffuse mesothelioma.
.
Signed by authority of the Secretary of State for Work and Pensions.
Nick Brown
Minister of State,
Department for Work and Pensions
2nd July 2002


text:
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) (Variation) Order 2002 and shall come into force on 15th January 2003.
2
Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (Hague Convention Countries) Order 1993 shall be varied by inserting, before the word “Denmark”, the word “Australia”.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Judicial Pensions (Pensions Appeal Tribunals) Order 2002, and shall come into force on 7th June 2002.
2
This Order shall apply only in relation to judicial officers who begin to serve in the office of Deputy President of any of the pensions appeal tribunals on or after 7th June 2002.
3
In Part II of Schedule 1 to the Judicial Pensions and Retirement Act 1993, in the entry relating to the President of the pensions appeal tribunals, after “President” there shall be inserted “or Deputy President”.
Irvine of Lairg, C.
Helen Liddell
Secretary of State for Scotland
11th May 2002
Dover House,
London
14th May 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Burnley (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 Borough of Burnley (Electoral Changes) Order 2001 shall be amended as follows.
2
In article 3, there shall be inserted after the end of (3), and before the beginning of (4), the following:
3A
Of the councillors elected in 2002 for any ward of the borough, one shall retire in 2003, one in 2004 and one in 2006.
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, extent and interpretation
1
1
These Regulations may be cited as the Health Authorities (Membership and Procedure) Amendment (England) Regulations 2002 and shall come into force on 1st April 2002.
2
These Regulations extend to England only.
3
In these Regulations, “the principal Regulations ” means the Health Authorities (Membership and Procedure) Regulations 1996 .
Amendment of regulation 1 of the principal Regulations
2
In regulation 1(2) of the principal Regulations, after the definition of “health service body”, the following definition is inserted —
“institution within the higher education sector” has the same meaning as in the Further and Higher Education Act 1992 ;
.
Amendment of regulation 2 of the principal Regulations
3
Regulation 2 of the principal Regulations is amended as follows —
a
for paragraph (2), there is substituted —
2
One of the non-officer members to be appointed to an Authority shall be a person who holds a post in an institution within the higher education sector which provides education enabling students to fulfil criteria necessary for —
a
provisional registration in the register of medical practitioners kept under section 2 of the Medical Act 1983 ;
b
registration in the dentists register kept under section 14 of the Dentists Act 1984 ;
c
registration in the register of pharmaceutical chemists maintained pursuant to section 2 of the Pharmacy Act 1954 ;
d
registration in the register maintained by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Nursing and Midwifery Order 2001 ; or
e
registration in one of the registers maintained by the Health Professions Council pursuant to paragraph 11 of Schedule 2 to the Health Professions Order 2001 .
;
b
in paragraph (4)(a), for “three” there is substituted “two”;
c
in paragraph (4)(b), for “two” there is substituted “three”; and
d
in paragraph (5), for “chief executive, director of finance and director of public health”, there is substituted “chief executive and director of finance”.
Amendment of regulation 8 of the principal Regulations
4
In regulation 8(8) of the principal Regulations, for “post in a university with a medical or dental school” there is substituted “post in an institution within the higher education sector as referred to in regulation 2(2)”.
Amendment of regulation 10 of the principal Regulations
5
In regulation 10(4)(a) and (5)(a) of the principal Regulations , for “post in a university”, there is substituted “post in an institution within the higher education sector, or a post in a university which is not such an institution”.
Omission of Schedule 1 to the principal Regulations
6
Schedule 1 to the principal Regulations is omitted.
Signed by authority of the Secretary of State for Health
Hunt
Parliamentary Under Secretary of State,
Department of Health
11th March 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Street Works (Recovery of Costs) (England) Regulations 2002 and shall come into force on 1st September 2002.
2
These Regulations extend to England only.
Interpretation
2
In these Regulations:
“ the Act ” means the New Roads and Street Works Act 1991;
“chargeable job” means an item of work, the costs of which are recoverable under the provisions of Part III of the Act;
“claimant” means an authority, body or person who is entitled to recover costs under Part III of the Act;
“costs” means costs or expenses referred to in section 96(1) of the Act as being recoverable by an authority, body or person under Part III of the Act;
“cost centre” means a unit of financial accountability identifiable within a claimant’s management accounts and responsible for specific activities within a claimant’s organisation;
“cost of capital” means the cost of capital calculated by reference to the rate of return which is prescribed either by legislation, or by the relevant regulator in respect of the claimant’s regulated activities (whether or not the chargeable job is such an activity) or, if no such rate is prescribed, by reference to a rate which is two per cent above the Public Sector Discount Rate as set by the Treasury from time to time;
“direct costs” means those costs described in regulation 5;
“licence” means any form of authorisation, permission, or appointment, by which the claimant is authorised to carry out regulated activities;
“overheads” means those costs described in regulation 6;
“regulated activities” means activities which are authorised or regulated by a licence and supervised by the relevant regulator;
“relevant regulator” means a person, independent of the claimant, charged with supervising the claimant’s regulated activities and ensuring a claimant complies with the terms of the licence authorising those activities; and
“support services” means services provided from within an organisation in support of activities which incur direct costs.
Basis of recovery
3
The basis on which the amounts of costs are to be calculated is that set out in the following provisions of these Regulations.
Costs
4
1
The costs shall comprise direct costs and overheads to the extent that such direct costs and overheads are relevant to a particular chargeable job and are calculated in accordance with the financial policies adopted by the claimant to state the financial results of the cost centres responsible for the chargeable job or for providing support services to such centres.
2
Where costs are recoverable in pursuance of the Street Works (Sharing of Costs of Works) (England) Regulations 2000 (“the 2000 Regulations ”) these Regulations shall apply to the extent that the costs are “allowable costs” as defined in regulation 2(2) of the 2000 Regulations.
3
The costs shall be recoverable either as direct costs under regulation 5 or as overheads under regulation 6, but not both.
4
The costs shall be net of any discount or rebate allowed to the claimant.
Direct Costs
5
Direct costs are costs in any of the five categories specified below —
a
the cost of staff (whether salaried or non-salaried) employed directly by the claimant calculated in accordance with regulation 7;
b
the costs payable to a contractor engaged by the claimant;
c
the cost of materials;
d
the cost of hiring equipment, plant and vehicles or, where the equipment or plant is, or vehicles are, leased to the claimant, the equivalent cost based on relevant market rates; and
e
other costs which are relevant and specifically attributable to a chargeable job.
Overheads
6
1
Overheads shall comprise an appropriate percentage of the direct costs referred to in regulation 5, calculated and applied separately for each category of those costs.
2
An appropriate percentage for the purpose of this regulation means the percentage calculated by the application of the formula: —
( b / a × 100 ) plus ( c / a × 100 ) plus ( d / a × 100 )
where:
a
the total direct costs of all chargeable jobs, and jobs other than chargeable jobs, charged to the cost centre or centres responsible for the chargeable job during the most recent period for which published accounts are available;
b
the cost in that period of support services provided within the cost centre or centres responsible for the chargeable job;
c
the cost in that period of support services provided to the cost centre or centres responsible for the chargeable job by other cost centres within the claimant’s organisation; and
d
the cost in that period of capital and of depreciation of assets used in connection with direct costs incurred by the cost centre or centres responsible for the chargeable job, or directly or indirectly in providing support services to such cost centre or centres.
Calculation of Staff Costs and Productive Hours
7
1
For the purpose of regulation 5(a), staff costs shall be calculated by reference to the hourly rate at which a person is employed by dividing the reasonably estimated annual cost of employing a person by that person’s productive hours during the same annual period.
2
In paragraph (1) above, “productive hours” means those hours during which it is reasonably estimated that a person will be engaged on a chargeable job or work of a similar kind within the claimant’s organisation, but does not include any periods of sickness, holiday, training, or other absence.
Exclusions
8
These Regulations shall not apply to costs or expenses recoverable in respect of any action undertaken in relation to a licence under section 50 of the Act.
Signed by the authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
6th August 2002


text:
1
1
This Order may be cited as the A46 Trunk Road (Ashchurch Station Bridge) Order 2002 and shall come into force on 1st July 2002.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/OD 221, marked “the A46 Trunk Road (Ashchurch Station Bridge) Order 2001”, signed by authority of the Secretary of State for Transport and deposited at the DTLR Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that: —
a
where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and
b
where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
Divisional Director Operations Directorate Highways Agency
6th June 2002


text:
Citation and commencement
1
This Order may be cited as the Financial Services and Markets Act 2000 (Variation of Threshold Conditions) Order 2002 and comes into force on 19th January 2003.
Claims representatives
2
After paragraph 2 of Schedule 6 to the Financial Services and Markets Act 2000 (threshold conditions) insert —
Appointment of claims representatives
2A
1
If it appears to the Authority that —
a
the regulated activity that the person concerned is carrying on, or is seeking to carry on, is the effecting or carrying out of contracts of insurance, and
b
contracts of insurance against damage arising out of or in connection with the use of motor vehicles on land (other than carrier’s liability) are being, or will be, effected or carried out by the person concerned,
that person must have a claims representative in each EEA State other than the United Kingdom.
2
For the purposes of sub-paragraph (1)(b), contracts of reinsurance are to be disregarded.
3
A claims representative is a person with responsibility for handling and settling claims arising from accidents of the kind mentioned in Article 1(2) of the fourth motor insurance directive.
4
In this paragraph “fourth motor insurance directive” means Directive 2000/26/ EC of the European Parliament and of the Council of 16th May 2000 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles and amending Council Directives 73/239/ EEC and 88/357/EEC .
.
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
28th October 2002


text:
Citation and commencement
1
These Regulations may be cited as the Education (Non-Maintained Special Schools) (England) (Amendment) Regulations 2002 and shall come into force on 1st April 2003.
Amendment of the Education (Non-Maintained Special Schools) (England) Regulations 1999
2
The Education (Non-Maintained Special Schools) (England) Regulations 1999 shall be amended in accordance with regulation 3 below.
3
In Part III of the Schedule, after paragraph 21(14), there shall be inserted the following sub-paragraph:
15
A copy of the accessibility plan for the school prepared under section 28D(8) of the Disability Discrimination Act 1995.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
24th July 2002


text:
1
1
These Regulations may be cited as the Limited Liability Partnerships (Forms) Regulations 2002 and shall come into force on 2nd April 2002.
2
In these Regulations, references to a section or to a numbered section of the Companies Act 1985 are to a section of the Companies Act 1985, as applied to limited liability partnerships by regulations 3 and 4 of the Limited Liability Partnerships Regulations 2001 and by regulation 3 of the Limited Liability Partnerships ( No. 2) Regulations 2002 .
2
Forms 723SR and 723(change), which are set out in the Schedule attached to these Regulations, are with such variations as circumstances require, prescribed for the purposes of the notification to the registrar of a usual residential address and of a change in a usual residential address respectively as required by section 288A of the Companies Act 1985 in respect of a member of a limited liability partnership who is a beneficiary of a confidentiality order made under section 723B of the Companies Act 1985.
3
Form LLP 363, with such variations as circumstances require, is the form prescribed for the purpose of the annual return of a limited liability partnership required by section 363 of the Companies Act 1985.
4
Notwithstanding regulation 3, Form LLP 363 which was prescribed by the Limited Liability Partnerships (Forms) Regulations 2001 shall remain in use as an alternative to the Form LLP 363 prescribed by regulation 3, save that that LLP 363 must be used where a member of a limited liability partnership is the beneficiary of a confidentiality order made under section 723B of the Companies Act 1985, as applied to limited liability partnerships.
John Holden,
for Secretary of State,
Department of Trade and Industry
7th March 2002


text:
Title, extent and commencement
1
These Regulations may be cited as the Bovines and Bovine Products (Trade) (Amendment) (England) Regulations 2002; they shall extend to England and shall come into force on 7 October 2002.
Amendment of the Bovines and Bovine Products (Trade) Regulations 1999
2
1
The Bovines and Bovine Products (Trade) Regulations 1999 shall be amended as respects England in accordance with the following provisions of this regulation.
2
In regulation 2(1) —
a
the definition of “bovine embryo” shall be revoked;
b
after the definition of “establishment” there shall be inserted the following definition —
“export approved establishment” means an establishment approved as such under regulation 12 below;
; and
c
the definition of “export dedicated establishment” shall be revoked.
3
In regulation 3 (Trade in live animals, bovine embryos, mammalian meat and bone meal and related products), in sub-paragraph (a) of paragraph (1) the words “or bovine embryo” are deleted.
4
After regulation 5 there shall be inserted the following regulation —
Offers to despatch
5A
No person shall offer to despatch, consign, or accept orders for the despatch or consignment of anything prohibited from being despatched or consigned by these Regulations.
5
In regulation 10 (Approval of establishments for the slaughter of DBES eligible animals and preparation of DBES goods) —
a
for paragraph (3)(c) there shall be substituted the following —
c
that all parts of the premises, and equipment on the premises, used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleansed and disinfected after such use;
; and
b
in paragraph (3)(e)(i) for the words “export dedicated establishment” there shall be substituted the words “export approved establishment”.
6
In regulation 12 (Approval of establishments for the preparation or despatch of foreign origin export eligible goods, DBES and ECHS goods and foreign origin bovine by-products) —
a
in paragraph (2)(a)(i) for the words “export dedicated establishment” there shall be substituted the words “export approved establishment” and for the words “export dedicated establishments” there shall be substituted the words “export approved establishments”;
b
paragraph (2)(a)(ii) shall be revoked;
c
in paragraph (3) the following sub-paragraphs shall be revoked: (a), (b) and (e);
d
for paragraph (3)(c) there shall be substituted the following —
c
that all parts of the premises, and equipment on the premises, used for the production, processing, treatment, handling, storage, loading or unloading of any bovine product not eligible for despatch abroad have been thoroughly cleansed and disinfected after such use;
;
e
in paragraph (3)(d) the words “in respect of an export dedicated establishment” are deleted and for the words “to these Regulations” there are substituted the following “or 3 to these Regulations or both as appropriate”; and
f
in paragraph (4) for the words “export dedicated establishment or an application for approval of an establishment which is not an export dedicated establishment” there are substituted the following “export approved establishment for the preparation of DBES goods or an application for an export approved establishment for the preparation of foreign origin export eligible goods”.
7
In regulation 13 (Requirements imposed on the operator of an establishment approved under regulation 12) —
a
in paragraphs (2)(b) and (4)(c) for the words “export dedicated establishment” there are substituted the words “export approved establishment”;
b
in paragraph (2)(b) for the words “to these Regulations” there are substituted the following “or 3 to these Regulations or both as appropriate”; and
c
paragraph (2)(c) is revoked.
8
In regulation 17 (Seizure of illegal goods) —
a
for paragraph (7) there shall be substituted the following paragraph —
7
Where the justice of the peace, on the basis of such evidence as he or she considers to be appropriate in the circumstances, is satisfied that a consignment is illegal, but is also satisfied that there is no relevant risk in respect of the consignment if it is returned to the owner, he shall order —
a
the consignment to be returned to the owner; and
b
any expenses reasonably incurred in connection with storage of the consignment to be defrayed by the owner of the consignment.
;
b
After paragraph (7) there shall be inserted the following paragraph —
7A
Subject to paragraph (7B), where a notice served under this regulation is withdrawn or the justice of the peace refuses to make an order under paragraphs (6) or (7), the body who appointed the inspector who served the notice shall compensate the owner of the consignment for any depreciation in its value resulting from the action taken by the inspector.
7B
Paragraph (7A) shall not apply if the notice was served because the consignment was not accompanied by the correct documentation or certificate and the consignment was detained until the correct documentation or certificate was provided.
.
9
For Schedules 1 to 3 there should be substituted the following schedules —
SCHEDULE 1
REQUIRED METHODS OF OPERATION FOR DBES SLAUGHTERHOUSES
Regulation 10(3)(d)
Requirement Description of facility or control procedure by which the requirement will be met Staff member(s) responsible for supervision
*
To be completed in respect of each approval
1
Slaughterhouse management must agree with the supervising Official Veterinary Surgeon dedicated time periods (DBES periods") when only DBES eligible animals will be slaughtered. No bovine animals, which are not DBES eligible, may be slaughtered during DBES periods.
2
All bovine animals slaughtered during DBES periods must have been confirmed by official checks before slaughter as being DBES eligible animals.
3
Before a DBES period can start after non-DBES production, the slaughter hall must first be cleansed and disinfected.
4
There must be a system at the establishment to ensure that after slaughter DBES meat is traceable back to the DBES eligible animal from which it is derived or, in the case of offal which is intended for export, is traceable back to the batch of DBES eligible animals from which it is derived.
5
There must be a system for recording all DBES eligible animals slaughtered and outgoing DBES fresh meat which ensures that it is possible to cross check consignments entering and leaving the establishment.
6
All carcasses of DBES eligible animals must have individual numbers correlated with the eartag number and must be marked with an additional distinct mark in the form prescribed in Schedule 5 to The Bovines and Bovine Products (Trade) Regulations 1999 after the meat has been passed fit for human consumption following post mortem inspection.
7
The additional mark may only be applied to carcasses during DBES periods.
8
Instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals, may be ordered only with the authorisation of a veterinary inspector.
9
All new supplies of instruments intended for application of the additional mark, labels or packaging bearing the additional mark and official seals must be delivered into the control of an inspector in accordance with Regulation 11(7) of The Bovines and Bovine Products (Trade) Regulations 1999 and maintained and applied under the control of an inspector.
10
Carcasses of DBES eligible animals bearing the additional mark must be despatched to export approved establishments except for carcasses of such animals aged under 9 months which may also be despatched abroad. All carcasses must be despatched from the premises in means of transport, or in a lockable chamber or lockable container carried on a means of transport, which is not used at the same time for the carriage of any other meat derived from a bovine animal and sealed with an official seal.
Where carcasses of DBES eligible animals are destined for placing on the market in the UK they should not bear the additional mark. Where such a mark is present it shall be cancelled or removed from the goods at the time that the goods leave the establishment.
11
Outside of DBES periods, carcasses of DBES eligible animals must be stored separately from carcasses of non-DBES eligible animals in cold store chambers which are locked under seal so that goods cannot be added or removed without breaking the seal.
During DBES periods, carcasses of non-DBES eligible animals must be stored separately from carcasses of DBES eligible animals in cold store chambers, which are locked under seal so that goods cannot be added or removed without breaking the seal.
(Lockable rails in chillers are not sufficient to comply with this requirement.)
SCHEDULE 2
REQUIRED METHODS OF OPERATION FOR THE PREPARATION OF DBES GOODS IN EXPORT APPROVED ESTABLISHMENTS
Regulations 10 (3)(e)(ii) and 12 (3)(d)
Requirement Description of facility or control procedure by which the requirement will be met Staff member(s) responsible for supervision
*
To be completed in respect of each approval
1
All DBES goods in the establishment must be processed or treated, stored, handled, loaded and unloaded and transported separately, or at different times, from bovine products which are not eligible for despatch abroad.
2
1
In respect of the preparation at the establishment of any fresh meat derived from DBES eligible animals, the meat must be deboned and all adherent tissues, including obvious nervous and lymphatic tissues, and the lymph nodes mentioned in paragraph (2) of this requirement, must be removed.
2
The lymph nodes which must be removed with adherent and obvious nervous and lymphatic tissues are:
popliteal, ischiatic, superficial inguinal, deep inguinal, medial and lateral iliac, renal prefemoral, lumbar, costocervical, sternal, presacpular, axilliary and caudal deep cervical.
3
DBES goods must be traceable to the individual animal from which they were derived (for meat prior to cutting) or batch of animals from which they were derived (for meat after cutting). Offal derived from DBES eligible animals must be traceable to the batch of animals from which they were derived.
4
Cold stores must have chambers for storage of carcase meat from DBES eligible animals which can be locked under seal so that products cannot be added or removed without breaking the seal. (Lockable rails in chillers are not sufficient to comply with this requirement.)
5
Stores for packaged meat must have clear and effective segregation (i.e. spatial separation) between DBES goods and bovine products which are not eligible for despatch aboard (though this need not take the form of a chamber locked under a seal).
6
Fresh meat, minced meat, meat preparations, meat products and other products of animal origin derived from DBES eligible animals must be marked with an additional distinct mark in the form prescribed in Schedule 5 of the Bovines and Bovine Products (Trade) Regulations 1999.
7
Instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals may be ordered only with the authorisation of a veterinary inspector.
8
All new supplies of instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals must be delivered into the control of an inspector in accordance with regulation 13(12) of the Bovines and Bovine Products (Trade) Regulations 1999 and maintained and applied under the control of an inspector.
9
DBES goods must be despatched from the premises in means of transport which is not used at the same time for the carriage of bovine products which are not eligible for despatch abroad.
10
Where DBES goods are destined for placing on the market in the UK they should not bear the additional mark. Where such a mark is present it shall be cancelled or removed from the goods at the time that the goods leave the establishment.
“SCHEDULE 3
REQUIRED METHODS OF OPERATION FOR THE PREPARATION OF FOREIGN ORIGIN EXPORT ELIGIBLE GOODS IN EXPORT APPROVED ESTABLISHMENTS
Regulation 12(3)(d)
Requirement Description of facility or control procedure by which the requirement will be met Staff member(s) responsible for supervision
*
To be completed in respect of each approval
1
All raw materials for use in production for despatch abroad must be identifiable to species of origin. Materials of bovine origin and any mammalian meat and bone meal must be traceable to non-UK place of origin.
2
All foreign origin export eligible goods which are eligible for despatch abroad must be unloaded, processed or treated, stored, handled, loaded and unloaded and transported separately, or at different times, from bovine products which are not eligible for despatch abroad.
3
1
Cold stores must have chambers for storage of foreign origin export eligible goods which are eligible for despatch abroad which can be locked under seal so that products cannot be added or removed without breaking the seal. (Lockable rails in chillers are not sufficient to comply with this requirement.)
2
Stores for packaged meat must have clear and effective segregation (i.e. spatial separation) between foreign origin export eligible goods and bovine products which are not eligible for despatch abroad (though this need not take the form of a chamber locked under a seal).
3
Other stores must have clear and effective segregation between foreign origin export eligible goods which are eligible for despatch abroad and bovine products which are not so eligible (though this need not take the form of a chamber locked under seal).
4
Fresh meat, minced meat, meat preparations, meat products and other products of animal origin of bovine origin which are eligible for despatch abroad must be marked with an additional mark in the form prescribed in Schedule 4 to the Bovines and Bovine Products (Trade) Regulations 1999.
5
Instruments intended for application of the additional mark, labels or packaging bearing an additional mark, and official seals may be ordered only with the authorisation of a veterinary inspector.
6
All new supplies of instruments intended for application of the additional mark, labels or packaging bearing an additional mark and official seals must be delivered into the control of an inspector in accordance with regulation 13(12) of the Bovines and Bovine Products (Trade) Regulations 1999 and maintained and applied under the control of an inspector.
7
There must be sufficient identification of foreign origin export eligible goods for despatch to allow a full description of the goods to be provided on certificates required for the purposes of the Bovines and Bovine Products (Trade) Regulations 1999.
8
Foreign origin export eligible goods must be despatched from the premises in means of transport, or in a lockable chamber or lockable container carried on a means of transport, which is —
a
not used at the same time for the carriage of any goods which are not eligible for despatch abroad under these Regulations; and
b
sealed with an official seal.
.
10
For paragraph 1(c) of Schedule 6 there is substituted the following —
c
bear the capital letters —
i
XAP (in respect of an official seal for an export approved establishment handling foreign origin export eligible goods); or
ii
XAPD (in respect of an official seal for an export approved establishment handling DBES goods).
.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
13th September 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2002 and shall come into force on 13th January 2003.
2
The amendments made by this Order shall have effect from 1st April 2001.
3
In this Order, “the principal Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 .
Definition of “new incentive scheme”
2
1
In article 1(2) of the principal Order (citation, commencement and interpretation), after the definition of “the English Regulations” there shall be inserted —
“new incentive scheme” means the scheme set out in the following circulars issued by the Secretary of State —
HB/CTB F12/2000; and
HB/CTB F19/2001;
.
2
In paragraph 1(2) of Schedule 5 to the principal Order (benefit savings threshold) , the definition of “new incentive scheme” shall be omitted.
Amendment of article 14 of the principal Order
3
In article 14(2) of the principal Order (backdated benefit) , for “18(1)(b)(iii)” there shall be substituted “18(1)(b)(iia) or (iii)”.
Amendment of article 18 of the principal Order
4
1
Article 18 of the principal Order (additions to subsidy) shall be amended in accordance with the following provisions of this article.
2
In paragraph (1) —
a
before sub-paragraph (b)(iii) there shall be inserted —
iia
in the case of a claimant error overpayment, or of a fraudulent overpayment made by an authority which is operating the new incentive scheme, 40 per cent. of the overpayment;
;
b
in sub-paragraph (b)(iii), after “fraudulent overpayment” there shall be inserted “to which head (iia) does not apply”;
c
in sub-paragraph (b)(iv), after “overpayment” there shall be inserted “or, where the overpayment is made by an authority operating the new incentive scheme, 40 per cent. of the overpayment”;
d
in sub-paragraph (c), after “80 per cent.” there shall be inserted “or, in a case where the discovery is made by an authority which is operating the new incentive scheme, 40 per cent.”.
3
Before paragraph (5) there shall be inserted —
4A
In paragraph (1)(b)(iia), “claimant error overpayment” means an overpayment made by an authority which is operating the new incentive scheme, where the overpayment —
a
is caused by —
i
the claimant, or
ii
a person acting on the claimant’s behalf under regulation 71 of the Housing Benefit Regulations (who may claim housing benefit) or regulation 61 of the Council Tax Benefit Regulations (who may claim council tax benefit) ,
failing to provide information in accordance with regulation 72(1), 73 or 75 of, or paragraph 5 of Schedule A1 to, the Housing Benefit Regulations (duties on claimant to provide information) or regulation 62(1), 63 or 65 of, or paragraph 5 of Schedule A1 to, the Council Tax Benefit Regulations (duties on claimant to provide information) ; and
b
is not a fraudulent overpayment.
.
4
In paragraph (5), for “paragraphs (1)(b)(iii) and (c)” there shall be substituted “paragraphs (1)(b)(iia) and (iii) and (c) and (4A)”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State
Department for Work and Pensions
12th December 2002
We consent,
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Southern Derbyshire Mental Health National Health Service Trust Change of Name and (Establishment) Amendment Order and the Community Health Care Service (North Derbyshire) National Health Service Trust (Dissolution) Order 2002 and shall come into force on 1st April 2002.
2
In this Order, unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“ the Order ” means the Southern Derbyshire Mental Health National Health Service Trust (Establishment) Order 1992 ;
“the trust” means the National Health Service trust established by the Order.
Change of name of NHS trust, consequential amendments and transitional provisions
2
1
The trust shall be called the Derbyshire Mental Health Services National Health Service Trust instead of the Southern Derbyshire Community and Mental Health Services National Health Service Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Southern Derbyshire Community and Mental Health Services” there shall be substituted “Derbyshire Mental Health Services”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
3
In article 3(2) of the Order the words “the Community and Mental Health Services,” shall be omitted.
Dissolution of NHS Trust
4
The Community Health Care Service (North Derbyshire) National Health Service Trust established by the Community Health Care Service (North Derbyshire) National Health Service Trust (Establishment) Order 1993 is hereby dissolved, and accordingly that Order is revoked.
Signed by authority of the Secretary of State for Health
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
26th March 2002