text:
PART 1
Introduction
Citation, commencement and effect
1
1
These Regulations may be cited as the Exchange Gains and Losses (Transitional Provisions and Savings) Regulations 2002 and shall come into force on 1st October 2002.
2
These Regulations have effect in relation to accounting periods beginning on or after 1st October 2002.
PART 2
Saving of the Exchange Gains and Losses (Transitional Provisions) Regulations 1994 with modifications
Introduction
2
The Exchange Gains and Losses (Transitional Provisions) Regulations 1994 are modified in accordance with regulations 3 to 11 below and, as modified, continue to have effect (notwithstanding the repeal of sections 164(14), 165(4) to (6) and 167(1) and (4) to (6) of, and Schedule 16 to, the Finance Act 1993 by sections 79(1)(b) and 141 of, and Part 3(10) of Schedule 40 to, the Finance Act 2002).
Modification of regulation 1
3
In regulation 1(3) —
a
for sub-paragraph (g) substitute —
g
“a regulation 6(3) asset” means an existing asset the basic valuation of which was determined for the purposes of Chapter II in accordance with regulation 6(3) of these Regulations;
;
b
at the end of sub-paragraph (h) add
; and
i
“the relevant accounting period”, in relation to a company, means the company’s first accounting period to begin on or after 1st October 2002.
.
Modification of regulation 2
4
In regulation 2(2) —
a
omit “Sections 136, 137 and 139 to 141 of the 1993 Act;”;
b
omit “The Exchange Gains and Losses (Deferral of Gains and Losses) Regulations 1994.”.
Omission of regulations 3 to 6
5
Omit regulations 3 to 6 .
Modification of regulation 7
6
n regulation 7(2) —
a
after the definition of “the cumulative taxed loss” insert —
“the final accounting period”, in relation to a company, means the company’s accounting period preceding the relevant accounting period;
;
b
omit the words from “and any reference” to the end.
Modification of regulation 8
7
In regulation 8(5) for “above” substitute “of these Regulations”.
Modification of regulation 13
8
1
Modify regulation 13 as follows.
2
In paragraph (1) for “14(1) and 15(1)” substitute “14 and 14A”.
3
After paragraph (1) insert —
1A
For the purposes of paragraph (1)(a) above, the final accounting period shall be treated as the last accrual period as respects any asset or liability held or owed by the company immediately after the end of the final accounting period.
.
4
In paragraphs (2)(a), (b) and (c) and (3)(a), (b) and (c) for “before the end of the last accrual period” substitute “after the end of the final accounting period”.
5
For paragraph (4) substitute —
4
In paragraphs (2) and (3) above, a relevant gain or loss in relation to a regulation 6(3) asset is a chargeable gain or an allowable loss.
4A
In relation to any asset other than a regulation 6(3) asset or any liability, an amount equal to the amount of any relevant gain or loss that is deemed to accrue to the company under paragraph (2) or (3) above shall be treated for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 (according to whether it is a relevant gain or loss) —
a
as a credit in respect of a loan relationship of the company, or
b
as a debit in respect of a loan relationship of the company,
which falls to be brought into account under section 82(2) of that Act .
.
6
Omit paragraphs (5) to (8).
Substitution of regulation 14
9
For regulation 14 substitute —
Elections to defer bringing into account relevant gains and losses deemed to accrue immediately after the end of the final accounting period
14
1
In any case where, apart from this regulation, relevant gains or losses would accrue to a company immediately after the end of the final accounting period by virtue of regulation 13, the company may elect, by notice to the inspector within two years of the end of the final accounting period, that this regulation shall apply as respects —
a
subject to paragraph (3) below, all relevant gains or losses to which paragraph (4) of regulation 13 would apply;
b
all relevant gains or losses to which paragraph (4A) of that regulation would apply; or
c
both.
An election under this paragraph shall be irrevocable.
2
Where an election is made under paragraph (1) above, every gain or loss to which this regulation applies shall be treated as accruing only when the asset or liability to which the gain or loss relates ceases to be held or owed by the company.
3
No election may be made under paragraph (1) above as respects relevant gains or losses to which regulation 13(4) would apply if an election under regulation 14A is made as regards such losses.
Elections to treat losses deemed to accrue immediately after the end of the final accounting period as debits in respect of loan relationships
14A
1
In any case where —
a
apart from this regulation, relevant losses would accrue to a company as respects regulation 6(3) assets immediately after the end of the final accounting period by virtue of regulation 13; and
b
if relevant gains would accrue as respects such assets at that time by virtue of that regulation, such losses would exceed them,
the company may elect, by notice to the inspector within two years of the end of the final accounting period, that this regulation shall apply as respects such losses or, in a case where sub-paragraph (b) applies, such losses to the extent that they exceed the relevant gains.
An election under this paragraph shall be irrevocable.
2
Where an election is made under paragraph (1) above, an amount equal to the amount of the losses to which this regulation applies shall be treated for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 as a debit in respect of a loan relationship of the company for the new accounting period and not falling to be brought into account under section 82(2) of that Act.
Treatment of losses available to be carried forward at the end of the final accounting period as a result of an election made under regulation 14(5) or 16(1)
14B
1
This regulation apples where, as a result of an election made under regulation 14(5) or 16(1) of these Regulations, an amount of available losses (“the relevant amount”) was available at the end of the final accounting period to be carried forward and, apart from this regulation, to be set against a company’s exchange gains.
2
Where this regulation applies an amount equal to the relevant amount shall be treated for the purposes of Chapter 2 of Part 4 of the Finance Act 1996 as a debit in respect of a loan relationship of the company for the new accounting period and not falling to be brought into account under section 82(2) of that Act.
.
Omission of regulations 15 and 16
10
Omit regulations 15 and 16 .
Omission of Part 4
11
Omit the whole of Part 4 .
PART 3
Saving of the Exchange Gains and Losses (Alternative Method of Calculation) Regulations 1994 with modifications
Introduction
12
The Exchange Gains and Losses (Alternative Method of Calculation) Regulations 1994 are modified in accordance with regulations 13 to 17 below and, as modified, continue to have effect (notwithstanding the repeal of sections 164(14) and 167(1) and (4) to (6) of, and Schedule 15 to, the Finance Act 1993 by sections 79(1)(b) and 141 of, and Part 3(10) of Schedule 40 to, the Finance Act 2002).
Omission of regulations 2 and 3
13
Omit regulations 2 and 3 .
Modification of regulation 7
14
1
Modify regulation 7 as follows.
2
In paragraph (1) for the words from “Subject to” to “by a company at any time” substitute “Paragraphs (3) to (5) below apply in any case where a disposal of an asset is deemed by virtue of paragraph (1A) below to have been made by a company immediately before the first day of its first accounting period to begin on or after 1st October 2002”.
3
After paragraph (1) insert —
1A
For the purposes of paragraph (1) above, any asset held by the company at the beginning of the first day of its first accounting period to begin on or after 1st October 2002 shall be deemed to have been disposed of by the company immediately before that first day.
.
4
Omit paragraph (2).
5
Omit paragraphs (6) to (8).
Omission of regulations 8 and 9
15
Omit regulations 8 and 9.
Modification of regulation 11
16
In regulation 11 after paragraph (1) insert —
1A
Notwithstanding the following provisions of this regulation, an election made under regulation 10 or this regulation —
a
shall have effect only in relation to accounting periods beginning before 1st October 2002, and
b
an election which specifies a day as the day from which the election is to have effect must specify a day that falls within an accounting period beginning before 1st October 2002.
.
Omission of regulation 12
17
Omit regulation 12.
PART 4
Saving of the Exchange Gains and Losses (Insurance Companies) Regulations 1994 with modifications
Introduction
18
The Exchange Gains and Losses (Insurance Companies) Regulations 1994 are modified in accordance with regulations 19 to 27 below and, as modified, continue to have effect (notwithstanding the repeal of sections 167(1) and 168(2) to (5) of the Finance Act 1993 by sections 79(1)(b) and 141 of, and Part 3(10) of Schedule 40 to, the Finance Act 2002).
Modification of regulation 1
19
In regulation 1 after the definition of “basic valuation” insert —
“the final accounting period”, in relation to a company, means the company’s accounting period preceding the first accounting period to begin on or after 1st October 2002;
.
Omission of regulations 2 to 5A
20
Omit regulations 2 to 5A .
Modification of regulation 7
21
In regulation 7 for paragraph (1) substitute —
1
An asset specified by this regulation is referred to in regulations 7A and 8 to 12 as a “regulation 7 asset.”
Insertion of regulations 7A and 7B
22
After regulation 7 insert —
7A
1
An asset shall be deemed to have been disposed of by an insurance company immediately before its first accounting period to begin on or after 1st October 2002 where —
a
the asset was a regulation 7 asset at the time of its deemed disposal, and
b
at that time, the insurance company had made no election under regulation 8A of these Regulations.
2
Subject to regulation 7B, any chargeable gain or allowable loss accruing on the deemed disposal under paragraph (1) above of an asset shall be brought into account as if it had accrued immediately after the end of the final accounting period.
7B
In any case where, apart from this regulation, chargeable gains or allowable losses would accrue to an insurance company immediately after the end of the final accounting period by virtue of regulation 7A —
a
the insurance company may elect, by notice to the inspector within two years of the end of the final accounting period, that this regulation shall apply as respects all such gains or losses, and
b
where such an election is made, every such gain or loss to which this regulation applies shall be treated as accruing only when the asset or liability to which the gain or loss relates ceases to be held or owed by the insurance company.
.
Modification of regulation 8
23
In regulation 8(1) —
a
for “disposal of a regulation 7 asset” substitute “the deemed disposal under regulation 7A(1) of an asset”;
b
for “8A” substitute “9”.
Omission of regulation 8A
24
Omit regulation 8A .
Modification of regulation 9
25
In regulation 9(2) for “disposal of the asset” substitute “deemed disposal under regulation 7A(1) of the asset”.
Modification of regulation 11
26
In regulation 11(2) for “disposal of the asset” substitute “deemed disposal under regulation 7A(1) of the asset”.
Modification of regulation 12
27
In regulation 12(2) for “disposal of the asset” substitute “deemed disposal under regulation 7A(1) of the asset”.
PART 5
Saving of the Exchange Gains and Losses (Miscellaneous Modifications) Regulations 2000 with modifications
Introduction
28
The Exchange Gains and Losses (Miscellaneous Modifications) Regulations 2000 are modified in accordance with regulations 29 and 30 below and, as modified, continue to have effect (notwithstanding the repeal of sections 164(14), 167(1) and (4) to (6) of, and Schedules 15 and 16 to, the Finance Act 1993 by sections 79(1)(b) and 141 of, and Part 3(10) of Schedule 40 to, the Finance Act 2002).
Omission of regulations 2 to 5
29
Omit regulations 2 to 5.
Omission of regulation 11
30
Omit regulation 11.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
25th July 2002


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Disability Discrimination Codes of Practice (Education) (Appointed Day) Order 2002.
Appointed Day
2
The day appointed for the coming into effect of the Codes of Practice specified in the Schedule (copies of which were laid before Parliament on 23rd May 2002 and which were issued by the Disability Rights Commission on 8th July 2002) is 1st September 2002.
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
28th August 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Scottish Administration (Offices) Order 2002 and shall come into force on the appointed day.
2
In this Order–
“the appointed day” means the day on which section 7(1) of the Water Industry (Scotland) Act 2002 comes into force; and
“ the Drinking Water Quality Regulator for Scotland” means the person appointed under that section.
Specification of office
2
The office of the Drinking Water Quality Regulator for Scotland is hereby specified for the purposes of section 126(8)(b) of the Scotland Act 1998.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the North Derbyshire Tertiary College (Designated Staff) Order 2002 and shall come into force on 31 st December 2002.
2
Those persons employed by the corporation immediately before 31 st December 2002 to work at North Derbyshire Tertiary College who are named in Parts I, II , III or IV of the Schedule to this Order are hereby designated for the purposes of section 26 of the Act.
3
The references to the corporation in section 26 (2) and (3) of the Act are references to —
a
Chesterfield College in the case of those persons who are named in Part I of the Schedule to this Order;
b
North Nottinghamshire College in the case of those persons who are named in Part II of the Schedule to this Order;
c
The Derbyshire County Council in the case of those persons who are named in Part III of the Schedule to this Order;
d
Chesterfield College in the case of those persons who —
i
are named in Part IV of the Schedule to this Order and
ii
were employed by the corporation immediately before 31 st December 2002 to work at the Clowne College premises of the North Derbyshire Tertiary College;
e
North Nottinghamshire College in the case of those persons who —
i
are named in Part IV of the Schedule to this Order and
ii
were employed by the corporation immediately before 31 st December 2002 to work at The Community Learning Opportunity Centre at Kiveton and Wales premises of the North Derbyshire Tertiary College;
f
The Derbyshire County Council in the case of those persons who —
i
are named in Part IV of the Schedule to this Order and
ii
were employed by the corporation immediately before 31 st December 2002 to work at the Manor College Chesterfield premises of the North Derbyshire Tertiary College.
Margaret Hodge
Minister of State
Department for Education and Skills
2nd December 2002


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the National Care Standards Commission (Inspection of Schools and Colleges) Regulations 2002, and shall come into force on 1st April 2002.
2
These Regulations extend to England only .
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Children Act 1989;
“authorised person” means a person authorised by the appropriate authority to exercise the power of entry conferred by section 87(5) of the 1989 Act; and
“relevant school or college” means a school or college to which section 87(1) of the 1989 Act applies.
2
In these Regulations, a reference in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Inspection of premises
3
1
An authorised person may inspect any premises, or any part of any premises, which are, or are to be, the premises of a relevant school or college.
2
An authorised person may carry out such examination into the state and management of the premises inspected under paragraph (1) as he considers necessary for the purposes of the inspection.
3
An inspection under paragraph (1) may take place without notice to the relevant person .
Inspection of records
4
1
An authorised person may inspect any record of a relevant school or college which is relevant to the discharge of the Commission’s duty under section 87(3) of the 1989 Act.
2
The power in paragraph (1) includes power to require the relevant person to produce any records, wherever kept, for inspection on the premises.
3
In this regulation, a reference to a record includes a record which is kept by means of a computer.
Inspection of children
5
1
Subject to the provisions of this regulation, an authorised person may, for the purpose of enabling the Commission to discharge its duty under section 87(3) of the 1989 Act, carry out an inspection of children who are provided with accommodation by a relevant school or college.
2
An inspection may include a physical examination of a child if the authorised person considers it necessary, and provided that —
a
he is a registered medical practitioner or a registered nurse;
b
he has reasonable cause to believe that the welfare of the child in question is not being adequately safeguarded or promoted by the relevant person; and
c
the child consents to the examination, or is incapable of giving his consent.
3
An examination under paragraph (2) shall take place in private.
4
Subject to paragraph (5), an authorised person may interview in private, or solicit written or verbal expressions of opinion from any child or group of children who consent to be interviewed or to express their views, as the case may be.
5
An authorised person may not interview any individual child in private unless —
a
the child concerned has expressly asked to be interviewed alone and in private; or
b
the authorised person considers on reasonable grounds that such an interview is necessary to enable the Commission to discharge its duty under section 87(3) of the 1989 Act.
6
No inspection may be carried out under this regulation in respect of —
a
any child of a member of staff of a relevant school or college; or
b
any other child living with such a member of staff as a member of his household,
Unless the child is also a pupil or student of the school or college.
Inspection–general
6
An authorised person may in carrying out any inspection under these Regulations —
a
require any person to afford him such facilities and assistance with respect to matters within that person’s control as are necessary to enable the authorised person to exercise his powers under these Regulations; and
b
take such photographs, measurements and recordings as he considers necessary to enable him to exercise his powers.
Revocation
7
The Inspection of Premises, Children and Records (Independent Schools) Regulations 1991 are revoked.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
7th March 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rugby 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 Rugby 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 Rugby Primary Care Trust.
2
The operational date of the trust shall be 1st April 2002.
Area of the trust
3
The trust shall be established for the area specified in the Schedule to this Order.
Members of the trust
4
1
The trust shall have, in addition to the chairman, 5 officer members and 5 non-officer members.
2
The non-officer members shall comprise the persons appointed by the Secretary of State under regulation 2(3) of the Membership Regulations.
3
The officer members shall comprise —
a
the persons who for the time being hold the offices of the Chief Executive and the Director of Finance of the trust;
b
the person who for the time being holds the post of chairman of the Executive Committee of the trust;
c
2 persons appointed by the chairman of the trust following nomination by the Executive Committee of the trust.
Limitations on the exercise of functions by the trust during the preparatory period
5
During the preparatory period the exercise of functions by the trust shall be limited to doing such things as are reasonably necessary to enable it to carry out its functions with effect from the operational date, including —
a
entering into NHS contracts; and
b
entering into other contracts including contracts of employment.
Assistance during the preparatory period
6
1
The Warwickshire 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 North Warwickshire National Health Service Trust shall make available to the trust during the preparatory period —
a
premises and other facilities of the NHS trust; and
b
staff of the NHS trust.
Signed by authority of the Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Department of Health
10th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Notification of Installations Handling Hazardous Substances (Amendment) Regulations 2002 and shall come into force on 30th December 2002.
Amendment of the Notification of Installations Handling Hazardous Substances Regulations 1982
2
The Notification of Installations Handling Hazardous Substances Regulations 1982 (“the principal Regulations”) shall be amended in accordance with the following regulations.
3
Regulation 3 of the principal Regulations shall be amended by inserting, after the word “months”, the words “or, in the case of a hazardous substance consisting of ammonium nitrate or a mixture containing ammonium nitrate, at least 4 weeks”.
4
Regulation 7 of the principal Regulations shall be amended by inserting after paragraph (1) the following paragraph —
1A
Paragraph (1) shall not apply where ammonium nitrate or a mixture containing ammonium nitrate is the hazardous substance by reason of which the activity is notifiable
.
5
After regulation 8 of the principal Regulations the following regulation shall be added —
Transitional provision for ammonium nitrate
9
Where —
a
on 30th December 2002 a person —
i
is undertaking an activity in which there is or is liable to be at any one time a notifiable quantity or more of a hazardous substance consisting of ammonium nitrate or a mixture containing ammonium nitrate; and
ii
was not immediately before that date required by regulation 3(1) to notify particulars to the Executive in relation to a notifiable quantity of ammonium nitrate or a mixture containing ammonium nitrate; or
b
a person commences such activity within 4 weeks after that date,
it shall be sufficient compliance with regulation 3(1) if he notifies to the Executive the particulars specified in Schedule 2 within 4 weeks after that date.
.
6
In Part I of Schedule 1 to the principal Regulations —
a
for the entry in column 1 relating to ammonium nitrate and mixtures of ammonium nitrate there shall be substituted the following entry —
Ammonium nitrate and mixtures containing ammonium nitrate where the nitrogen content exceeds 15.75% of the mixture by weight
;
b
the corresponding entry shall be amended by substituting for the words “500” the words “150”.
Signed by authority of the Secretary of State
N. Brown
Minister of State,
Department for Work and Pensions
2nd December 2002


text:
1
This Order may be cited as the A606 Trunk Road (A52 to A46) (Detrunking) Order 2002 and shall come into force on 17th May 2002.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A606 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/412, marked “The A606 Trunk Road (A52 to A46) (Detrunking) Order 2002”, signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Graham Bowskill
A Divisional Director in the Highways Agency
26th April 2002


text:
1
This Order may be cited as the A45 Trunk Road (Weedon Road, Upton to the M45/A45 Roundabout, Dunchurch) (Detrunking) Order 2002 and shall come into force on 16th May 2002.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/429 consisting of sheets 1 and 2 and marked “The A45 Trunk Road (Weedon Road, Upton to the M45/A45 Roundabout, Dunchurch) (Detrunking) Order 2002” signed by authority of the Secretary of State for Transport, Local Government and the Regions and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A45 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport, Local Governmentand the Regions
Graham Bowskill
A Divisional Director Highways Agency
26th April 2002.


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Relevant Authorities (Standards Committee) (Dispensations) Regulations 2002 and shall come into force on 18th March 2002.
2
These Regulations apply in relation to standards committees of relevant authorities in England , and police authorities in Wales , and references to “authority” shall be construed accordingly.
Interpretation
2
In these Regulations —
“ the Act ” means the Local Government Act 2000;
“dispensation” shall be construed in accordance with section 81(4) of the Act ;
“mandatory provisions” means the mandatory provisions of a model code of conduct which for the time being applies to the authority ; and
“member” means a member or co-opted member of an authority.
Circumstances in which dispensations may be granted
3
1
The authority’s standards committee may, subject to paragraph (2) below, grant a dispensation to a member in the following circumstances —
a
the transaction of business of the authority would, on each occasion on which the dispensation would apply, otherwise be impeded by, or as a result of, the mandatory provisions because —
i
the number of members of the authority that are prohibited from participating in the business of the authority exceeds 50% of those members that are entitled or required to so participate; or
ii
the authority is not able to comply with any duty which applies to it under section 15(4) of the Local Government and Housing Act 1989 ;
b
the member has submitted to the standards committee a written request for a dispensation explaining why it is desirable; and
c
the standards committee concludes that having regard to the matters mentioned in paragraph (a) above, the content of the application made pursuant to paragraph (b) above, and to all the other circumstances of the case, it is appropriate to grant the dispensation.
2
Nothing in sub-paragraph (1) above shall permit a dispensation to be granted —
a
in respect of participation in business of the authority conducted more than four years after the date on which the dispensation is granted; or
b
where the effect of the mandatory provisions from which a dispensation is sought is that —
i
a member is prohibited from participating in the consideration of a matter at a meeting of an overview and scrutiny committee of the authority, or sub-committee of that committee, where that consideration relates to any decision made or action taken by any other of the authority’s committees, sub-committees, joint committees, or joint sub-committees of which he may also be a member; or
ii
a member of the authority’s executive is prohibited from exercising functions which are the responsibility of the executive of the authority and which would otherwise be discharged by him solely.
Records of dispensations
4
The authority’s standards committee must ensure that —
a
the existence, duration and nature of any dispensation is recorded in writing; and
b
that such record is kept with the register of interests established and maintained under section 81(1) of the Act.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
18th February 2002


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) (Miscellaneous) Regulations 2002 and shall come into force on 17th April 2002, but regulations 2 to 10 shall have effect from 21st June 2000.
2
In regulation 11, expressions which are also used in the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 (“the principal Regulations”) have the same meaning as they have in those Regulations.
Amendment of Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 10 of these Regulations.
Discretionary compensation for redundancy: general
3
In regulation 6 —
a
in paragraph (3), for “normal retirement date (“ NRD ”) or, if he is not a Scheme member, the date that would be his NRD if he were” substitute “65th birthday”;
b
in paragraph (4), for “but with the substitution for references to the calculation date of references to the termination date” substitute —
but —
with the substitution for references to the calculation date of references to the termination date; and
without the limit on a week’s pay imposed by section 227 of that Act
; and
c
in paragraph (6), after “redundancy payment” insert “under Part XI of the 1996 Act or compensation under Part II of these Regulations”.
Person eligible for discretionary awards
4
In regulation 7(2), for sub-paragraph (g) substitute —
g
if he is an assumed member, his total membership —
i
amounts in total to at least 5 years; and
ii
does not in total exceed 40 years
.
Reduction of annual compensation
5
In regulation 17 —
a
in paragraph (5), after “annual rate of such pay” insert “at the termination date”, and
b
after paragraph (5) add —
6
For the purposes of this regulation, “new employment” shall not include employment with an admission body unless the person is an active member of the Scheme in that employment.
.
Effect of cessation of new employment
6
In regulation 19 —
a
in paragraph (1), after sub-paragraph (a), delete “and” and insert the sub-paragraph —
aa
his credited period, reduced as may be necessary in accordance with paragraph (5); and
; and
b
after paragraph (4), add —
5
Where there has been a reduction of a person’s annual compensation in accordance with this regulation on account of a period of previous new employment or part of such a period (“the abatement period”) then, for the purposes of paragraph (1)(aa), the length of his credited period shall be reduced by the abatement period.
6
For the purposes of this regulation —
“new employment” shall not include employment with an admission body unless the person was an active member of the Scheme in that employment; and
“terminated employment” in paragraphs (1) and (3) refers, where there is more than one, to the first of them.
7
Where a person has been awarded a credited period before 21st June 2000 this Part shall not apply and the provisions set out in regulations 17 and 18 of the 1996 Regulations as in force at 20th June 2000 shall apply.
.
Awards to surviving spouses
7
In regulation 21(3)(a)(i), delete “of hers or of another surviving spouse”.
Long-term compensation for children
8
In regulation 24, for paragraphs (4) and (5) substitute —
4
Children’s long-term compensation is the relevant fraction of the annual compensation which would have been payable to the deceased immediately before his death in accordance with these regulations ignoring any adjustment —
a
under regulation 13, 14, 15 or 20, and
b
if at the time of his death the deceased was in a new employment in which he was not a Scheme member, under regulation 17.
5
Where at the time of his death the deceased was in a new employment in which he was a Scheme member, the employing authority must decide the extent to which any reduction made by them under regulation 19 to the annual compensation is to be taken into account.
6
The amounts payable under this regulation for a period to a child who receives periodic payments is the amount which would have been paid to him for that period, less the total of the periodic payments received for that period.
.
Interpretation
9
In Schedule 1 —
a
for the definition of “new employment” substitute —
“new employment” means employment with a Scheme employer or a relevant Scottish employer which a person enters after his termination date and, for the purposes of this definition, the words “by whom he is employed immediately before the termination date” shall be omitted from the definition of “employing authority”
; and
b
in the definition of “relevant Scottish employer” for “the Local Government Superannuation (Scotland) Regulations 1987” substitute “the Local Government Pension Scheme (Scotland) Regulations 1998 ”.
Schedules 4 and 5
10
In the heading to Schedule 4, for the reference to regulation 34 substitute a reference to regulation 33 and in the heading to Schedule 5, for the reference to regulation 35 substitute a reference to regulation 34.
Lump sum compensation
11
1
This regulation applies where a Scheme employer —
a
has, on or after 21st June 2000 but before the date on which these Regulations come into force, paid, or determined to be paid, compensation under regulation 6 of the principal Regulations;
b
has, in calculating the amount of that compensation, applied a maximum on the amount of a week’s pay as provided for in section 227 of the Employment Rights Act 1996;
c
wishes to recalculate and increase the amount of that compensation taking into account the maximum compensation payable under regulation 6 of the principal Regulations as amended by regulation 3 of these Regulations.
2
The recalculation referred to in paragraph (1)(c) must be made not later than 6 months after the date upon which these Regulations come into force.
3
After recalculating the amount of a person’s compensation in accordance with paragraph (2), the Scheme employer shall, as soon as is reasonably practicable —
a
pay the additional amount of compensation —
i
to that person, or,
ii
where that person has died, to his personal representatives; and
b
notify the recipient in writing of the additional compensation payable, giving details of the calculation of its amount.
Retrospective effect
12
Nothing in these Regulations shall place any individual who is qualified to participate in the benefits for which the principal Regulations provide in a worse position than he would have been in if all the provisions of these Regulations had been framed so as to have effect only from the date of their making.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
21st March 2002


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Christchurch (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on 15th October 2002;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“borough” means the borough of Christchurch;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Christchurch (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Christchurch Borough Council.
Wards of the borough of Christchurch
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into eleven wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the area described in column (2) of the Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
Christchurch Borough Council shall make a print of the map marked “Map referred to in the Borough of Christchurch (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The Borough of Christchurch (Electoral Arrangements) Order 1978 is revoked, save for article 8.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
29th August 2002
Glyn Mathias
Commissioner
13th August 2002
Neil McIntosh
Commissioner
7th August 2002
Karamjit Singh
Commissioner
7th August 2002
Sam Younger
Commissioner
7th August 2002
Graham Zellick
Commissioner
15th August 2002


text:
Citation and commencement
1
This Order may be cited as the Electoral Commission (Limit on Public Awareness Expenditure) Order 2002 and shall come into force on 1st April 2002.
Specification of sum
2
The sum of £7,500,000 is hereby specified for the purposes of section 13(6) of the Political Parties, Elections and Referendums Act 2000 (sum which the Electoral Commission’s total expenditure incurred in any financial year in performing their functions under section 13(1) of that Act must not exceed).
Revocation
3
The Electoral Commission (Limit on Public Awareness Expenditure) Order 2001 is hereby revoked.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Alan Whitehead
Parliamentary Under Secretary of State,
Department for Transport, Local Government and the Regions
28th February 2002
We consent to the making of this Order
John Heppell
Tony McNulty
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2002


text:
Citation and commencement
1
These Regulations may be cited as the Immigration (Short-term Holding Facilities) Regulations 2002 and shall come into force on 4th November 2002.
Extension of section 149 of the Immigration and Asylum Act 1999 to short-term holding facilities
2
Section 149 of the Immigration and Asylum Act 1999 (contracting out of certain detention centres) is hereby extended to short-term holding facilities.
Beverley Hughes
Minister of State
Home Office
8th October 2002


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Local Authorities (Alteration of Requisite Calculations) (England) Regulations 2002 and shall come into force on 1st February 2002.
2
These Regulations apply in relation to the financial year beginning on 1st April 2002 and in relation to authorities in England only .
3
In these Regulations —
“the 1992 Act ” means the Local Government Finance Act 1992;
“the 1999 Act ” means the Greater London Authority Act 1999.
Budget requirement (billing authorities) — calculation
2
Section 32 of the 1992 Act has effect as if —
a
in subsection (3)(a) the words “or relevant special grant” were omitted;
b
for subsection (12) there were substituted the following subsection —
12
In this section and section 33 below —
“police grant” means so much of the grant payable in accordance with paragraph 3.1 of the Police Grant Report (England and Wales) 2002/03 approved by a resolution of the House of Commons pursuant to section 46 of the Police Act 1996 on 30th January 2002 as excludes the amounts shown in column (b) of the Table set out below that paragraph.
.
Basic amount of council tax (billing authorities) — calculation
3
Section 33(1) of the 1992 Act has effect as if the words “or relevant special grant” in item P were omitted.
Budget requirement (major precepting authorities other than the Greater London Authority) — calculation
4
Section 43 of the 1992 Act has effect as if —
a
in subsection (3)(a)(i) the words “relevant special grant” were omitted;
b
for subsection (6A) , there were substituted the following subsection —
6A
In this section and section 44 below, “police grant” has the meaning given by section 32(12) above.
.
Basic amount of council tax (major precepting authorities other than the Greater London Authority) — calculation
5
Section 44(1) of the 1992 Act has effect as if the words “relevant special grant” in item P were omitted.
Budget requirement (Greater London Authority) — calculation
6
Section 85(5)(a)(i) of the 1999 Act has effect as if the words “relevant special grant” were omitted.
Basic amount of council tax (Greater London Authority) — calculation
7
Section 88 of the 1999 Act has effect as if —
a
in subsection (2) in item P1 paragraph (e) were omitted;
b
in subsection (4) paragraph (d) were omitted.
Additional calculation: special item for part of Greater London
8
Section 89 of the 1999 Act has effect as if —
a
in subsection (4) in item P2 paragraph (f) were omitted;
b
in subsection (6) paragraph (e) were omitted.
Interpretation of Chapter I of Part III of the 1999 Act
9
Section 99 of the 1999 Act has effect as if the definition of “relevant special grant” were omitted.
Distribution of grants by the Greater London Authority
10
Section 102 of the 1999 Act has effect as if —
a
in subsection (2) paragraph (c) were omitted;
b
subsection (8) were omitted.
Signed by authority of the Secretary of State for Transport, Local Government and the Regions
Nick Raynsford
Minister of State,
Department for Transport, Local Government and the Regions
30th January 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Surrey and Sussex 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 Surrey and Sussex Healthcare National Health Service Trust ;
“the new Trust” means the Worthing and Southlands 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 11th March 2002 and on behalf of the new Trust on 21st 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
1
This Order may be cited as the Borough of Worthing (Electoral Changes) Order 2002.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 6th May 2004, on 15th October 2003;
b
for all other purposes, on 6th May 2004.
Interpretation
2
In this Order —
“borough” means the borough of Worthing;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Worthing (Electoral Changes) Order 2002”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Worthing Borough Council.
Wards of the borough of Worthing
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into thirteen wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (2) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of Worthing
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before 10th May 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
The order of retirement of councillors shall be as set out in Schedule 2.
4
Where the number of councillors elected in 2004 for any ward of the borough is two or more —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Worthing Borough Council shall make a print of the map marked “Map referred to in the Borough of Worthing (Electoral Changes) Order 2002” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Worthing (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(6).
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
28th October 2002
Glyn Mathias
Commissioner
14th November 2002
Neil McIntosh
Commissioner
14th November 2002
Karamjit Singh
Commissioner
19th November 2002
Sam Younger
Commissioner
19th November 2002
Graham Zellick
Commissioner
28th October 2002


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Manchester Mental Health and Social Care Trust (Establishment) 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;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which he has a duty to provide under section 5(1) or (1A) of that Act ;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Trust established by article 2 of this Order.
Establishment and name of trust
2
1
There shall be established a National Health Service Trust which shall be called the Manchester Mental Health and Social Care Trust.
2
The Trust shall be designated as a Care Trust .
Nature and functions of the trust
3
1
The trust is established for the purposes specified in section 5(1) of the Act.
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service at or from Manchester Royal Infirmary, Oxford Road, Manchester, M13 9WL and at or from any associated hospitals, establishments and facilities.
3
The trust is to be regarded as having a significant teaching commitment within the meaning of paragraph 3(1)(d) of Schedule 2 to the Act.
Directors of trust
4
1
The trust shall have in addition to the chairman, 6 executive directors and 8 non-executive directors.
2
One of the non-executive Directors shall be appointed from the University of Manchester.
Operational date and accounting date of the trust
5
1
The operational date shall be 1st April 2002.
2
The accounting date of the trust shall be 31st March.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
22nd March 2002


text:
Citation and commencement
1
1
These Regulations may be cited as the Limited Liability Partnerships (No. 2) Regulations 2002.
2
These Regulations shall come into force on 2nd April 2002.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Companies Act 1985 ;
“the principal Act ” means the Limited Liability Partnerships Act 2000; and
“the principal Regulations ” means the Limited Liability Partnerships Regulations 2001 .
2
In these Regulations, unless the contrary intention appears, expressions which are also used in the principal Act or the principal Regulations shall have the same meanings as in that Act or in those Regulations.
Application of Sections 723B - 723F of the 1985 Act to limited liability partnerships
3
Sections 723B - 723F of the 1985 Act shall apply to limited liability partnerships with the modifications set out in the Schedule.
Melanie J. Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
31st March 2002


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hampshire) (Borough of Basingstoke and Deane) 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 borough of Basingstoke and Deane with the exception of the following roads:
a
the M3 motorway for the whole of its length in the borough including all its on and off slip roads;
b
the A303 trunk road for the whole of its length in the borough including all its on and off slip roads;
c
the A34 trunk road for the whole of its length in the borough including all its on and off slip roads.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
19th August 2002