text:
Citation and commencement
1
1
This Order may be cited as the Borough of Calderdale (Electoral Changes) Order 2003.
2
This Order, with the exception of article 5, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Article 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Todmorden to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Calderdale;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; any reference to the map is a reference to the map marked “Map referred to in the Borough of Calderdale (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Calderdale Metropolitan Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Calderdale
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into seventeen wards which shall bear the names set out in the Schedule.
3
Each ward 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 three.
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 the borough of Calderdale
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 the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Todmorden
5
1
The existing wards of the parish of Todmorden shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Central, Cornholme, Langfield, Stansfield, Stoodley and Walsden; and the wards shall comprise the areas designated on sheets 1, 2 and 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Stoodley parish ward shall be four, for each of the Central, Cornholme, Stansfield and Walsden parish wards shall be three, and for the Langfield parish ward shall be two.
Maps
6
Calderdale Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Calderdale (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The Borough of Calderdale (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(8).
Sealed with the seal of the Electoral Commission 28th day of November 2003
Sam Younger
Chairman of the Commission
28th November 2003
Jacqui Dixon
Secretary to the Commission
28th November 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulations 2003 and shall come into force as follows —
a
regulation 2(1) on 31st December 2003; and
b
all other provisions on 31st March 2004.
2
In these Regulations “ the Act ” means the Disability Discrimination Act 1995.
3
These Regulations apply to England and Wales.
Notices of exemption
2
1
The prescribed notice of exemption for the purposes of section 37A(8)(b) of the Act shall be a notice duly completed in accordance with the certificate of exemption, which shall be —
a
in the case of a driver of a private hire vehicle to whom the certificate of exemption has been issued by a licensing authority in England, the notice set out in Schedule 1 to these Regulations; and
b
in the case of a driver of a private hire vehicle to whom the certificate of exemption has been issued by a licensing authority in Wales, the notice set out in Schedule 2 to these Regulations.
2
The prescribed manner of exhibiting a notice of exemption for the purposes of section 37A(8)(b) of the 1995 Act shall be by either —
a
affixing it in a prominent position on the dashboard of the private hire vehicle, facing upwards; or
b
affixing it to the windscreen of the private hire vehicle, facing outwards.
Prescribed charities
3
Each of the following is a prescribed charity for the purposes of the definition of an assistance dog in section 37A of the Act —
a
“Dogs for the Disabled” registered with the Charity Commission under registration number 1092960;
b
“Support Dogs” registered with the Charity Commission under registration number 1017237; and
c
“Canine Partners for Independence” registered with the Charity Commission under registration number 803680.
Signed by the authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
3rd December 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Tax Credits Act 2002 (Commencement No. 4, Transitional Provisions and Savings) Order 2003.
2
In this Order —
“ the Act ” means the Tax Credits Act 2002;
“the 1999 Act ” means the Tax Credits Act 1999 ; and
“the superseded tax credits” means working families' tax credit and disabled person’s tax credit .
Commencement of provisions of the Act
2
1
Subject to the provisions of articles 3 and 4 (savings and transitional provisions), the provisions of the Act specified in this article shall come into force in accordance with the following paragraphs of this article.
2
Section 47 (consequential amendments), so far as it relates to paragraphs 4 to 7 of Schedule 3, shall come into force on 1st April 2003.
3
The following provisions of the Act shall come into force on 6th April 2003 —
a
section 1(3)(a) and (f) (abolition of children’s tax credit under section 257AA of the Income and Corporation Taxes Act 1988 and employment credit);
b
section 47, so far as it relates to the provisions of Schedule 3 specified in sub-paragraph (d);
c
section 60 (repeals), so far as it relates to the provisions of Schedule 6 specified in sub-paragraph (e);
d
in Schedule 3 (consequential amendments) —
i
paragraphs 1 to 3,
ii
paragraphs 8 and 9, and
iii
paragraphs 13 to 59; and
e
in Schedule 6, the entries relating to the enactments specified in column 1 of Schedule 1 to this Order to the extent shown in column 2 of that Schedule.
4
The following provisions of the Act shall come into force on 8th April 2003 —
a
section 1(3)(b) and (c) (abolition of working families' tax credit and disabled person’s tax credit);
b
section 47 so far as concerns the provisions of Schedule 3 mentioned in this paragraph;
c
section 60 so far as concerns the entries in Schedule 6 referred to in sub-paragraph (e);
d
paragraphs 10 to 12 of Schedule 3 to the Act; and
e
in Schedule 6 to the Act, the entries relating to the enactments specified in column 1 of Schedule 2 to this Order to the extent shown in column 2 of that Schedule.
5
Section 1(3)(d) of the Act (child premia in respect of income support and income-based jobseeker’s allowance) shall come into force on 6th April 2005.
Savings
3
1
This article applies to any claim for either of the superseded tax credits made —
a
on or before 6th July 2003; and
b
in respect of a period ending on or before 7th April 2003.
Such a claim is referred to in the following provisions of this article as “a relevant claim”.
2
Notwithstanding the commencement of the repeals specified in paragraph (6) —
a
a relevant claim may be made, inquired into by an officer of the Board, or decided by an officer of the Board; and
b
a decision of an officer of the Board on a relevant claim may be —
i
revised,
ii
superseded, or
iii
the subject of an appeal,
in accordance with the provisions specified in paragraph (3) as if the repeals specified in paragraph (6) had not taken place.
3
The provisions specified are —
a
Chapter 2 of Part 1 of the Social Security Act 1998 ;
b
in Northern Ireland, Chapter II of Part II of the Social Security (Northern Ireland) Order 1998 ; and
c
regulations under the provisions mentioned in sub-paragraphs (a) and (b), as applied for the purposes of the superseded tax credits by section 21 or 23 of the 1999 Act (as the case may be).
4
Notwithstanding the commencement of the repeals specified in paragraph (6), payment of a superseded tax credit may be made on or after 8th April 2003 in pursuance of a decision of an officer of the Board on a relevant claim (including such a decision as revised, superseded or varied on appeal).
5
Notwithstanding the commencement of the repeals specified in paragraph (6) —
a
an officer of the Board may make any decision in respect of an overpayment of a superseded tax credit, the recovery of such an overpayment, or the imposition of any penalty in respect of a superseded tax credit which he might have made but for the repeal in question, and
b
the like consequences shall flow from the decision mentioned in sub-paragraph (a), including any right of appeal, as would have flowed but for the repeal in question.
6
The repeals specified in this paragraph are those contained in Schedule 6 to the Act relating to —
a
the 1999 Act, other than section 6;
b
sections 122(1), 123(1), 128, 129 and 135(5) of the Social Security Contributions and Benefits Act 1992;
c
sections 5(2), 11, 71(11), 121DA(1), 124(2), 154(2), 163(2), 179(5), and 191 of the Social Security Administration Act;
d
sections 121(1), 122(1), 127, 128 and 131(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and
e
sections 5(2), 9, 69(11), 115CA(1), 134(2), 155(5) and 167(1) of the Social Security Administration (Northern Ireland) Act 1992.
4
Notwithstanding the repeal in Schedule 6 of words in section 84 of the Finance Act 2000 , section 84 of that Act shall apply to a payment of an employment credit made on or after 6th April 2003 as if the repeal had not occurred.
Transitional provisions
5
1
If a claim has been made for a tax credit under the Act by two (or more) persons, at least one of whom was in receipt of either or both of the superseded tax credits immediately before the repeal of the 1999 Act, the Board may make any payment of a tax credit, due to them under the Act on or before 5th October 2003, to either or any of them, notwithstanding any provision of the Tax Credits (Payment by Employers) Regulations 2002 or the Working Tax Credit (Payment by the Board) Regulations 2002 .
2
In respect of a person who claims the higher rate of short-term incapacity benefit, or long term incapacity benefit on or before 6th April 2005 section 30C of the Social Security Contributions and Benefits Act 1992 and section 30C of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 shall have effect as if, after subsection (5A) there were inserted —
5B
A person also satisfies the relevant tax credit conditions on any day before 7th April 2003 if that day falls within a week for which he is entitled to a disabled person’s tax credit.
.
3
In respect of a person who claims incapacity benefit on or before 6th April 2005 under section 40 or 41 of either the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992 , section 42 of the respective Act shall have effect as if, after subsection (1A) , there were inserted —
1B
A person also satisfies the relevant tax credit conditions on any day before 7th April 2003 if that day falls within a week for which he is entitled to a disabled person’s tax credit.
.
4
Notwithstanding regulation 7 of the Tax Credits (Claims and Notifications) Regulations 2002 , a person shall not be entitled to a tax credit in respect of any day prior to the day on which he makes a claim for it (“the earlier day”) if —
a
the earlier day falls —
i
before 23rd October 2003 in a case where the claimant, or in the case of a joint claim, either of the claimants is not less than 60, or
ii
before 6th April 2004 in any other case, and
b
on the earlier day the claimant is entitled, or in the case of a joint claim, either of the claimants is entitled, to an income-based jobseeker’s allowance or income support other than by virtue of regulation 6(2) of the Income Support (General) Regulations 1987 or regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 .
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
31st March 2003


text:
Citation and commencement
1
1
These Rules may be cited as the Asylum Support Appeals (Procedure) (Amendment) Rules 2003 and shall come into force on 11th August 2003.
2
These Rules do not apply in relation to decision letters received by appellants before 11th August 2003.
Amendments to the Asylum Support Appeals (Procedure) Rules 2000
2
The Asylum Support Appeals (Procedure) Rules 2000 are amended as follows.
3
In rule 3(3), for “2 days”, substitute “3 days”.
4
In rule 4(2), for “On the day after the day”, substitute “2 days after the day”.
5
In rule 6(1), for “4 days”, substitute “not later than 5 days”.
6
In rule 6(2), for “4 days”, substitute “5 days”.
7
In rule 13(1)(d), for “2 days”, substitute “3 days”.
8
For the notice of appeal form in the Schedule, substitute the notice of appeal form in the Schedule to these Rules.
Beverley Hughes
Minister of State
Home Office
10th July 2003


text:
1
These Regulations may be cited as the Air Navigation (General) (Amendment) Regulations 2003 and shall come into force on 10th June 2003.
2
The Air Navigation (General) Regulations 1993 shall be amended as follows.
3
In regulation 18(2) for “N2700.00 W02500.00” substitute the following:
N2700.00 W04000.00
N2218.00 W04000.00
N1700.00 W03730.00
N2400.00 W02500.00
.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
20th May 2003


text:
Citation and Interpretation
1
1
This Order may be cited as the Education Act 2002 (Commencement No. 4 and Transitional and Saving Provisions) Order 2003.
2
In this Order —
“the 1996 Act ” means the Education Act 1996 .
“the 2002 Act ” means the Education Act 2002.
Provisions coming into force on 1 th March 2003
2
The following provisions of the 2002 Act shall come into force except in relation to Wales on 1 th March 2003:
section 19(2) to (5) and (7);
section 20(2) and (3);
section 21(3);
section 23;
section 26;
section 33(3);
section 215(1) to the extent that it relates to the paragraphs of Schedule 21 specified below;
in Schedule 21–
paragraphs 45, 46(4) and (5), 48, 66, 104, 105, and 117 to the extent that they are not already in force, and
paragraph 70.
Provisions coming into force on 1 th April 2003
3
Section 209 of the 2002 Act shall come into force on 1 th April 2003.
4
The following provisions of the 2002 Act shall come into force except in relation to Wales on 1 th April 2003:
section 18 except for the repeal of section 486 of the 1996 Act made by paragraph (g) of subsection (1);
in section 19(8) the words “regulations under this section may include provision with respect to the governing bodies of federations”;
in section 20(4) the words “regulations under subsection (2) may include provision with respect to instruments of government for federations”;
section 24(1) for the purpose of making regulations only;
section 24(2) to (6);
section 25;
section 34;
section 35(4) and (5);
section 36(4) and (5);
in section 39(1) the definition of “federation” and “federated school”;
section 44(1) to (6);
section 45;
section 72;
section 74 (2) and (3);
section 75 to the extent that it relates to the paragraphs of Schedule 10 specified below;
section 153;
sections 207 and 208;
Schedule 9;
in Schedule 10, paragraphs 1, 6, and 11 to 15;
section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;
in Schedule 21–
paragraph 3 except for sub-paragraph (a),
paragraph 7,
paragraph 49,
paragraph 53,
paragraph 59 except for sub-paragraph (a),
paragraph 85 to the extent that it is not already in force, except for sub-paragraph (c),
paragraph 89,
paragraphs 95 and 96,
paragraph 98(1), (2)(a) and (3),
paragraph 99(1) and (3)(b),
paragraph 100 to the extent that it is not already in force,
paragraph 106,
paragraph 109,
in paragraph 110, sub-paragraph (1), in sub-paragraph (3), paragraph (a), paragraph (b) for the purpose of omitting paragraph (e) of subsection (6) of section 127 of the School Standards and Framework Act 1998, and paragraph (c) for the purpose of inserting paragraph (m) into that subsection,
paragraph 112 for the purpose of inserting the definition of “exclude”,
paragraph 113 to the extent that it is not already in force except for paragraphs (b) and (e),
paragraph 114,
paragraph 115(1), (2), (3)(b) and (4),
paragraph 118 to the extent that it is not already in force, and
paragraph 126;
in Schedule 22, the repeal of–
the Education Act 1967 (the whole Act, so far as unrepealed),
in the Education Act 1986, section 1(1)(b) and the word “and” immediately preceding it, and sections 2 to 4,
in the Education (No. 2) Act 1986, in section 50, in subsection (1), paragraph (b) and the word “and” immediately preceding it, and in subsection (3A), the words from “by the Secretary of State” to “teachers”,
in the Education Reform Act 1988, sections 160, 210 and 211,
in the Further and Higher Education Act 1992, in Schedule 8, paragraphs 46 and 47,the Nursery Education and Grant-Maintained Schools Act 1996 (the whole Act, so far as unrepealed),
in the Education Act 1996–
in section 318, in subsection (3A) paragraph (b) and the word “or” immediately preceding it,
in section 484, in subsection (2) the words “England and” and subsection (6), sections 487 to 488,
sections 490 to 492,
in section 509A(5)(b), sub-paragraph (ii) and the word “or” immediately preceding it,
in section 548(8), in paragraph (b), sub-paragraph (ii) and the word “or” preceding that sub-paragraph,
in section 578, the entries relating to the Education Act 1967 and the Nursery Education and Grant-Maintained Schools Act 1996,
in Schedule 37, paragraph 13, in paragraph 65(2), paragraph (b) and the word “and” immediately preceding it, and paragraph 131,
in the Education Act 1997, in Schedule 7, paragraphs 8 and 36,
in the School Standards and Framework Act 1998–
section 3,
section 7(10),
in section 22(1), in paragraph (b) the words “under section 28 or 31” and in paragraph (c) the words “under section 28”,
section 44,
in section 52(2) the word “and” at the end of paragraph (b),
section 115,
section 127(6)(e),
in section 138, in subsection (5), paragraph (a)(ii) and (iii);
in Schedule 6, the word “or” at the end of paragraph 4(3)(d) and the words “or (5)” at the end of paragraph 10(6),
in Schedule 26, in paragraph 1, sub-paragraph (1)(c) and the word “or” preceding it,
in Schedule 28, Part 2,
in the Learning and Skills Act 2000–
in Schedule 7, in paragraph 35(1), the word “or” at the end of paragraph (b),
in Schedule 9 paragraphs 58 and 91.
Provisions coming into force on 6th April 2003
5
The following provisions of the 2002 Act shall come into force except in relation to Wales on 6 th April 2003:
section 200;
section 201, except for –
the following provisions in the substituted section 512 of the 1996 Act–
in subsection (1), paragraph (c),
in subsection (2), paragraph (b),
in subsection (3) the words “or (c)”, and
in subsection (6) the definition of “relevant funded nursery education”, and
the words “or (c)” in subsection (3) of section 512ZB(3) of the 1996 Act;
section 215(2) to the extent that it relates to the provisions of Schedule 22 specified below;
in Schedule 22, the repeal of paragraph 117 of Schedule 14 to the Immigration and Asylum Act 1999.
Transitional and saving provisions
6
A child receiving nursery education and for whom school lunches are being provided immediately before 6 th April 2003 shall, until he ceases to receive nursery education, be treated as if there were no prescribed requirements applying to him under section 512(3)(a) of the 1996 Act (as substituted by section 201 of the 2002 Act).
7
Despite the amendment of section 484 of the 1996 Act made by subsection (2) of section 18 of, and paragraph 49 of Schedule 21 to, the 2002 Act
a
the Education Standards Fund (England) Regulations 2002 , and
b
the Education (Partnership Grant) Regulations 1998 (to the extent that they are made under section 484 of the 1996 Act)
shall remain in force in relation to the period ending on 1st April 2004.
David Miliband
Minister of State
Department for Education and Skills
28th January 2003


text:
Title, extent and commencement
1
This Order
a
may be cited as the Financial Assistance for Environmental Purposes (England and Wales) Order 2003;
b
extends to England and Wales only;
c
shall come into force on 10th September 2003.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given), after paragraph (tt) , there shall be inserted the following paragraph —
uu
the scheme known as the UK Environment for Europe Fund.
.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
12th August 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the School Staffing (England) (Amendment) Regulations 2003.
2
These Regulations come into force on 17th November 2003.
3
These Regulations apply only in relation to England.
Amendment of the School Staffing (England) Regulations 2003
2
1
The School Staffing (England) Regulations 2003 are amended as follows.
2
In paragraph 2 of the Schedule, the following is substituted for sub-paragraph (6) —
6
Nothing in sub-paragraphs (2) to (5) applies to a person who —
a
has not been continuously employed at the school for the relevant period, or
b
has failed to meet any staff qualification requirements.
David Miliband
Minister of State
Department for Education and Skills
27th October 2003


text:
Citation and commencement
1
This Order may be cited as the County Court Fees (Amendment No. 2) Order 2003 and shall come into force —
a
for the purposes of articles 2(c) and (d) on the same day as section 1 of the State Pensions Credit Act 2002 comes into force for all purposes; and
b
for all other purposes on 6th April 2003.
Amendments to the County Court Fees Order 1999
2
In article 5(2) of the County Court Fees Order 1999 —
a
for paragraph (b) substitute —
b
working tax credit, provided that —
i
the party is also in receipt of child tax credit; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £14,213 or less;
;
b
omit paragraph (bb);
c
in paragraph (c) for “1995” substitute “1995; and”; and
d
after paragraph (c) insert —
d
guarantee credit under the State Pensions Credit Act 2002.
.
Transitional provision
3
1
A person who at any time on or after 6th April 2003 receives working families' tax credit or disabled person’s tax credit shall be entitled to exemption from court fees payable on or after 6th April 2003 to the same extent as if this Order had not come into force.
2
This Order has effect only in relation to fees payable on or after 6th April 2003, and in relation to fees payable before that date the County Court Fees Order 1999 shall have effect as if this Order had not been made.
Irvine of Lairg, C
Dated 10th March 2003
We concur,
John Heppell
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 12th March 2003


text:
PART 1
Introduction
Citation and commencement
1
1
These Regulations may be cited as the School Governance (Constitution) (England) Regulations 2003 and shall come into force on 20th March 2003, except for paragraph (2) of regulation 2, and regulation 34 and Schedule 7, which will come into force on 1 st September 2003.
2
These Regulations apply only in relation to England.
Revocations savings and amendments
2
1
The Education (School Government) (Transition to New Framework) Regulations 1998 are hereby revoked.
2
Regulations 1 to 20 and regulation 58 of the Education (School Government) (England) Regulations 1999 are revoked with effect from 1 st September 2003, except for the following provisions which remain in force in respect of every maintained school until a new instrument of government is made for the school in accordance with regulation 33 —
Regulation 1 except for the words “and new schools” in paragraph (3);
Regulation 2(1) except for the definitions of “the First Transitional Regulations”, “new school” “School Organisation Regulations”, “the Second Transitional Regulations” and “selection panel”;
Regulation 2(2) except for the definitions of “temporary governing body” and “temporary governors”;
Regulation 3 except for the words “or temporary governing body (however constituted)” and “or (as the case may be) new school”;
Regulation 4 except for the words in brackets, for which are substituted the words “in accordance with the 1998 Act ”;
Regulation 5(1) (a) except for the words “or will maintain” and “or a new school”; and after the words “for which an instrument of government has been made” are added the words “in accordance with the 1998 Act”;
Regulation 5(2) (i) (iii) and (iv), except for the words “and (b)” and the words “or, in the case of a new school which has not opened, the diocesan authority which will be the appropriate diocesan authority when the school opens”;
Regulation 6(1) and Schedule 1;
Regulations 9 to 12 and Schedules 2 to 4;
Regulation 15 except for the words “Subject to Part VIII (transitional provisions), Schedule 5 sets”, for which are substituted “Paragraphs (12) to (16) of Schedule 5 to these Regulations and Schedule 6 of the School Government (Constitution) (England) Regulations 2003 set”, and paragraphs (12) to (16) of Schedule 5;
Regulations 16, except in paragraph (1) for the words “Part VIII (transitional provisions) and to”;
Regulations 17;
Regulation 18 except in paragraph (1) for the words “and to Part VIII (transitional provisions)”;
Regulations 19 and 20.
3
Paragraph (1) of regulation 31 of the Education (New Schools) (England) Regulations 1999 , is amended by substituting the words “Part 5 of the School Governance (Constitution) (England) Regulations 2003” for the words “Schedule 12 to the 1998 Act”.
Interpretation
3
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002;
“parent” includes any individual who has or has had parental responsibility for, or cares, or has cared for, a child or young person under the age of 18.
2
Any reference in these Regulations to —
a
the governing body or to the governing body of a school is a reference to the governing body of any maintained school to which the provision applies;
b
a governor is a reference to a member of a governing body of any school to which the provision applies;
c
the local education authority is a reference to the local education authority that maintains the school.
PART 2
Categories of Governor
Parent governors
4
1
In these Regulations “parent governor” means —
a
a person who is elected in accordance with paragraphs 4 to 8 of Schedule 1 as a governor by parents of registered pupils at the school and is himself such a parent at the time when he is elected, or
b
a person appointed as a parent governor in accordance with paragraphs 9 to 11 of Schedule 1.
2
A person is disqualified from election or appointment as a parent governor of a school if he is —
a
an elected member of the local education authority; or
b
paid to work at the school for more than 500 hours in any twelve month period commencing on 1st August and finishing on 31st July.
3
A person is not disqualified from continuing to hold office as a parent governor when he ceases to be a parent of a registered pupil at the school or to fulfil any of the requirements set out in paragraphs 10 and 11 of Schedule 1 (as the case may be) unless he is otherwise disqualified under these Regulations.
Staff governors
5
1
In these Regulations “staff governor” means —
a
the head teacher, who is a staff governor by virtue of his office unless he resigns the position in accordance with regulation 22(1);
b
a person who is elected in accordance with Schedule 2 as a governor by persons who are paid to work at the school and is himself a person so working at the time when he is elected.
2
At least one staff governor (in addition to the head teacher) must be a school teacher unless no school teacher stands for election.
3
Where the school’s instrument of government specifies that there shall be three or more staff governors, at least one staff governor must be a person who is not a school teacher, unless no such person stands for election.
4
Prior to the coming into force of section 122 of the 2002 Act, when it shall be interpreted in accordance with that provision, “school teacher” means a teacher who is employed by —
a
a local education authority, or
b
the governing body,
in the provision of primary or secondary education.
5
Upon ceasing to work at the school, a staff governor of a school will be disqualified from continuing to hold office as such a governor.
LEA governors
6
1
In these Regulations “LEA governor” means a person who is appointed as a governor by the local education authority.
2
A person is disqualified from appointment as a LEA governor of a school if he is eligible to be a staff governor of the school.
Community governors
7
1
In these Regulations “community governor” means a person who is appointed as a governor by the governing body and who is —
a
a person who lives or works in the community served by the school, or
b
a person who, in the opinion of the governing body, is committed to the good government and success of the school.
2
In the case of a community special school or a foundation special school the governing body must appoint as one of the community governors a person nominated in accordance with Schedule 3.
3
A person is disqualified from appointment as a community governor of a school if he is —
a
a registered pupil at the school;
b
eligible to be a staff governor of the school; or
c
an elected member of the local education authority.
Foundation governors
8
1
In these Regulations —
“foundation governor” means a person who is appointed as a governor otherwise than by the local education authority and who —
where the school has a particular religious character , is appointed for the purpose of securing that that character is preserved and developed,
where there is a trust relating to the school, is appointed for the purpose of securing that the school is conducted in accordance with that trust, or
where the school does not have a religious character and there is no trust relating to it, is appointed as a foundation governor of the school;
“ex officio foundation governor” means a foundation governor who is the holder of an office by virtue of which he is entitled to be a foundation governor;
“substitute governor” means a foundation governor appointed to act in the place of an ex officio foundation governor who is unwilling or unable to act as a governor or has been removed from office under regulation 23(2).
2
One fifth or more of the persons appointed to the governing body of a voluntary aided school as foundation governors must be persons who are eligible for election or appointment as parent governors.
3
An ex officio foundation governor will, upon ceasing to hold the office from which his governorship derives, be disqualified from continuing to hold office as such a governor.
Partnership governors
9
1
In these Regulations “partnership governor” means a person who is nominated as a partnership governor and appointed as such in accordance with Schedule 4.
2
A person is disqualified from nomination or appointment as a partnership governor of a school if he is —
a
a parent of a registered pupil at the school;
b
a registered pupil at the school;
c
eligible to be a staff governor of the school;
d
an elected member of the local education authority; or
e
employed by the local education authority in connection with its functions as a local education authority.
Sponsor governors
10
In these Regulations “sponsor governor” means a person who is nominated as a sponsor governor and is appointed as such by the governing body in accordance with Schedule 5.
Associate members
11
1
In these Regulations “associate member” means a person who is appointed by the governing body as a member of any committee established by it but who is not a governor.
2
An associate member may hold office for a period of four years, or such shorter period (not being less than one year) as may be determined by the governing body at the date of his appointment.
3
Nothing in this regulation shall prevent an associate member from being reappointed at the expiration of his term of office.
4
Any person who is disqualified from holding office as a governor of a school under Schedule 6 is likewise disqualified from holding or continuing to hold office as an associate member of the governing body, save as provided in paragraph 1 of Schedule 6.
PART 3
Composition of governing bodies
General principles
12
1
The instrument of government of a school must specify the size of the membership of the governing body, which must be no fewer than 9 or more than 20 governors.
2
In determining the size of its membership, the governing body must not include —
a
any sponsor governors, or
b
additional foundation governors appointed in accordance with regulation 16(2) (b).
3
Subject to regulations 13 to 16, the instrument of government must specify the numbers of governors from each of the following categories of governor to be elected or appointed —
a
parent governor;
b
staff governor;
c
LEA governor;
d
community governor;
e
foundation governor;
f
partnership governor;
g
sponsor governor.
4
In calculating the number of governors required in each category in accordance with regulations 13 to 16 the number must be rounded up or down to the nearest whole number.
5
In calculating the number of staff governors required, the head teacher must be included whether or not he has resigned his governorship.
Community schools, maintained nursery schools and community special schools
13
1
The governing body of a community school, a maintained nursery school or a community special school must comprise the following:
a
one third or more must be parent governors;
b
at least two but no more than one third must be staff governors;
c
one fifth must be LEA governors; and
d
one fifth or more must be community governors.
2
The governing body may in addition appoint up to two sponsor governors.
Foundation schools and foundation special schools
14
1
The governing body of a foundation school or a foundation special school must comprise the following:
a
one third or more must be parent governors;
b
at least two but no more than one third must be staff governors;
c
at least one but no more than one fifth must be LEA governors;
d
one tenth or more must be community governors; and
e
at least two but no more than one quarter must be foundation governors or, where the school does not have a foundation, partnership governors.
2
The governing body may in addition appoint up to two sponsor governors.
Voluntary controlled schools
15
1
The governing body of a voluntary controlled school must comprise the following:
a
one third or more must be parent governors;
b
at least two but no more than one third must be staff governors;
c
at least one but no more than one fifth must be LEA governors;
d
one tenth or more must be community governors; and
e
at least two but no more than one quarter must be foundation governors.
2
The governing body may in addition appoint up to two sponsor governors.
Voluntary aided schools
16
1
The governing body of a voluntary aided school must comprise the following:
a
at least one but no more than one tenth must be LEA governors;
b
at least two but no more than one third must be staff governors;
c
at least one must be a parent governor;
d
such number of foundation governors as out number all the other governors listed in sub-paragraphs (a) to (c) by two; and
e
such number of foundation governors appointed in accordance with regulation 8(2) as, when they are counted with the parent governors, comprise one third or more of the total membership of the governing body.
2
In addition —
a
the governing body may appoint up to two sponsor governors; and
b
the person who is entitled to appoint foundation governors may appoint such number of additional foundation governors (up to two) as are required to preserve their majority.
Notification of appointments
17
Where any person makes an appointment or nominates a person to be appointed to the governing body, he shall give written notice of the appointment or the nomination to the clerk to the governing body specifying the name and usual place of residence of the person appointed or nominated.
Joint appointments
18
If —
a
the instrument of government of a school provides for one or more governors to be nominated or appointed by persons acting jointly, and
b
those persons fail to make an agreed nomination or appointment,
the nomination or appointment will be made by, or in accordance with a direction given by, the Secretary of State.
Surplus governors
19
Where a maintained school has more governors of a particular category than are provided for by the instrument of government for the school, a governor of that category may serve out his term of office.
PART 4
Qualifications and tenure of office
Qualifications and disqualifications
20
Schedule 6 sets out the circumstances in which a person is qualified for or disqualified from holding or continuing in office as a governor.
Term of office
21
1
Subject to paragraphs (2) to (5), a governor shall hold office for a fixed period of four years from the date of his election or appointment.
2
Paragraph (1) does not apply to any staff governor who is the head teacher of the school, or to any ex officio foundation governor, who may hold office for as long as he holds the position from which his governorship derives.
3
Paragraph (1) does not apply to any additional governor, additional foundation governor or interim executive member appointed under sections 16 , 16A , 18 or 18A of the 1998 Act whose term of office will be determined by the person who appointed him, up to a maximum of 4 years.
4
The instrument of government may specify a shorter term of office for a particular category of governor, not being less than 1 year.
5
A substitute governor may hold office until the earlier of the following —
a
the expiry of four years from the date when his appointment takes effect;
b
the date when the original governor (not having been removed from office under regulation 23 (2)) gives written notice to the clerk to the governing body to the effect that he is able and willing to act as a foundation governor; or
c
the date when a person other than the original governor takes office in the post by virtue of which the ex officio foundation governorship exists.
6
This regulation does not prevent a governor from —
a
being elected or appointed for a further term, save as otherwise provided in these regulations;
b
resigning his office in accordance with regulation 22(1);
c
being removed from office under regulations 23 to 26; or
d
being disqualified, by virtue of any provision of these Regulations, from holding or continuing to hold office.
7
In this regulation “the original governor” means the ex officio foundation governor in whose place the substitute governor is appointed to act.
Resignation
22
1
A governor may at any time resign his office by giving written notice to the clerk to the governing body.
2
The head teacher may withdraw his resignation at any time by giving written notice to the clerk to the governing body.
3
An ex officio foundation governor may resign as governor either permanently or temporarily, but his resignation shall not prejudice the ex officio governorship of his successor in the office from which the ex officio governorship derives.
Removal of LEA and foundation governors
23
1
Any LEA governor or foundation governor may be removed from office by the person who appointed him, who must give written notice thereof to the clerk to the governing body and to the governor so removed.
2
The governing body may, in accordance with the procedure set out in regulation 26, remove any ex officio foundation governor at the request of the person named in the instrument of government as the person entitled to make such a request, if the governing body thinks fit.
3
A person proposing the removal of an ex officio foundation governor must inform the clerk to the governing body and the governor in question in writing of the reasons why he is proposing his removal.
Removal of community governors and sponsor governors
24
1
Any community governor or sponsor governor may be removed from office by the governing body in accordance with the procedure set out in regulation 26.
2
The governing body may, in accordance with the procedure set out in regulation 26, remove any community governor appointed in accordance with Schedule 3, or any sponsor governor at the request of the nominating body, if the governing body thinks fit.
3
A nominating body proposing the removal of such a governor shall inform the clerk to the governing body and the governor in question in writing of the reasons why it is proposing his removal.
4
In this part “nominating body” means any person from whom nominations were sought for the purpose of appointing, and who nominated, the governor in question.
Removal of appointed parent governors
25
Any parent governor appointed by the governing body under paragraphs 9 to 11 of Schedule 1 may be removed by the governing body in accordance with the procedure set out in regulation 26.
Procedure for removal of governors by the governing body
26
1
This regulation applies in relation to the removal of a governor from office in accordance with regulation 23(2), 24 or 25.
2
A resolution to remove a governor from office which is passed at a meeting of the governing body will not have effect unless —
a
in relation to the removal of a governor under regulation 23(2) and 24(2), before the governing body resolve to remove the governor from office, the clerk to the governing body shall give the reasons for removal provided by the person referred to in regulation 23(2) or by the nominating body (as appropriate) and the governor whom it is proposed to remove shall be given an opportunity to make a statement in response;
b
in relation to the removal of a community governor or a sponsor governor under regulation 24(1) or a parent governor under regulation 25, before the governing body resolve to remove the governor from office, the governor or governors proposing his removal shall at that meeting state their reasons for doing so and the governor whom it is proposed to remove shall be given an opportunity to make a statement in response;
c
it is confirmed by a resolution passed at a second meeting of the governing body held not less than fourteen days after the first meeting; and
d
the matter of the governor’s removal from office is specified as an item of business on the agenda for each of those meetings.
PART 5
Instrument of Government
Interpretation of “appropriate diocesan authority” and “appropriate religious body”
27
In this Part,
“appropriate diocesan authority” shall have the meaning given by section 142(1) and (4) of the 1998 Act;
“appropriate religious body”, in relation to a school designated under section 69(3) of the 1998 Act as having a religious character that is not a Church of England school or a Roman Catholic Church school, means the body that the Secretary of State considers appropriate in relation to the religion or religious denomination to which the school belongs.
Duty to have regard to guidance
28
In respect of the making of instruments of government, the matters to be dealt with in such instruments, the form of such instruments, and the review and variation of such instruments, governing bodies and local education authorities must have regard to any guidance given from time to time by the Secretary of State.
Contents and form of instrument of government
29
1
The instrument of government for a maintained school must set out —
a
the name of the school;
b
the category of school to which the school belongs;
c
the name of the governing body of the school;
d
the manner in which the governing body is to be constituted in accordance with Part 3, specifying —
i
the number of governors in each category of governor, and
ii
the total membership of the governing body, including any sponsor governors and additional foundation governors appointed in accordance with regulation 16(2)(b);
e
where the term of office for a category of governor is to be less than four years, the length of that term of office;
f
where the school has foundation governors —
i
the name of any person who is entitled to appoint such governors and, if there is more than one such person, the basis upon which such appointments are made,
ii
details of any foundation governorship to be held ex officio by the holder of a named office, and
iii
the name of any person who is entitled to request the removal of any ex officio foundation governor and to appoint any substitute governor;
g
where the school has sponsor governors, the name of any sponsor who is entitled to nominate persons for appointment as such governors under Schedule 5;
h
where the school is a maintained special school, the name of any body entitled to nominate a person for appointment as a community governor under Schedule 3;
i
where there is a trust relating to the school, that fact;
j
where the school is a foundation or a voluntary school which has a religious character, a description of the religious ethos of the school; and
k
the date when the instrument of government takes effect, which must not be earlier than 1 st September 2003.
2
The manner in which the governing body is to be constituted, as set out in accordance with sub-paragraph (1) (d), must accord with the provisions of these Regulations as they apply to a school of the category to which the school belongs.
3
The instrument of government must (subject to any statutory provision) comply with any trust relating to the school.
Procedure for making an instrument
30
1
Subject to paragraph (6), the governing body must prepare a draft of the instrument of government and submit it to the local education authority.
2
Where the school has foundation governors, the governing body must not submit the draft to the local education authority unless it has been approved by —
a
the foundation governors;
b
any trustees of any trust relating to the school;
c
in the case of a Church of England school or Roman Catholic Church school, the appropriate diocesan authority; and
d
in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.
3
On receiving the draft the local education authority must consider whether it complies with all applicable statutory provisions, and if —
a
it is content that the draft so complies, or
b
there is agreement between it, the governing body and (if the school has foundation governors) the persons mentioned in paragraph (2) that the draft should be revised to any extent and the revised draft complies with all the applicable statutory provisions,
the instrument of government must be made by it in the form of the draft or (as the case may be) in the form of the revised draft.
4
If, in the case of a school which has foundation governors, at any time the persons listed in paragraph (2) disagree with the draft, any of those persons may refer it to the Secretary of State who will give such direction as he thinks fit having regard, in particular, to the category of school to which the school belongs.
5
If neither of sub-paragraphs (a) and (b) of paragraph (3) applies in the case of a school which does not have foundation governors, the local education authority must —
a
inform the governing body of the reasons why it is not content with the draft instrument of government, and
b
give the governing body a reasonable opportunity to reach agreement with it on revising the draft;
and the instrument of government must be made by it either in the form of a revised draft agreed between it and the governing body or (in the absence of such agreement) in such form as it thinks fit having regard, in particular, to the category of school to which the school belongs.
6
In the case of a maintained nursery school, the local education authority must prepare and make the first instrument of government, which must comply with all statutory provisions.
Review of instruments of government
31
1
The governing body or the local education authority may review the instrument of government at any time after it is made.
2
Where on any review the governing body or the local education authority decides that the instrument of government should be varied, the governing body or (as the case may be) the local education authority shall notify the other of its proposed variation together with its reasons for proposing such a variation.
3
Where the governing body has received notification under paragraph (2), it must inform the local education authority as to whether or not it is content with the proposed variation and, if not content, its reasons.
4
Where the school has foundation governors, the governing body must not give the local education authority —
a
any notification under paragraph (2), or
b
inform the authority under paragraph (3) that it is content with the authority’s proposed variation,
unless the persons listed in regulation 30(2) have approved the proposed variation.
5
If —
a
whichever of the governing body and the local education authority is the recipient of a notification under paragraph (2) agrees with the proposed variation, or
b
there is agreement between the local education authority, the governing body and (if the school has foundation governors) the other persons listed in regulation 30(2) that some other variation should be made instead,
the instrument of government must be varied accordingly by the local education authority.
6
If, in the case of a school which has foundation governors, at any time the persons listed in regulation 30(2) disagree with the proposed variation any of those persons may refer it to the Secretary of State; and on such a reference the Secretary of State will give such direction as he thinks fit having regard, in particular, to the category of school to which the school belongs.
7
If neither sub-paragraphs (a) and (b) of paragraph (5) applies in the case of a school which does not have foundation governors, the local education authority must —
a
inform the governing body of the reasons —
i
why it is not content with the governing body’s proposed variation, or as the case may be,
ii
why it wishes to proceed with its own variation, and
b
give the governing body a reasonable opportunity to reach agreement with it with regard to the variation;
and the instrument of government must be varied by it either in the manner agreed between it and the governing body or (in the absence of such agreement) in such manner as it thinks fit having regard, in particular, to the category of school to which the school belongs.
8
Nothing in this regulation is to be taken as requiring the local education authority to vary the instrument of government if it does not consider it appropriate to do so.
9
The requirement under regulation 30(3) for the local education authority to consider compliance with all applicable statutory provisions, applies in relation to a proposed variation of an instrument of government as it applies in relation to a draft of such an instrument.
10
Where an instrument of government is varied under this regulation the instrument must set out the date on which the variation takes effect.
Other requirements relating to instruments of government
32
1
The local education authority must ensure that the persons set out in paragraph (2) are provided (free of charge) with —
a
a copy of the school’s instrument of government, and
b
where any variation is made to the school’s instrument of government, a consolidated version of the instrument of government incorporating all variations made by order of the local education authority (other than any variations which have ceased to have effect).
2
The persons who are to be provided with the information referred to in paragraph (1) are —
a
every member of the governing body of the school;
b
the head teacher, whether or not the head teacher is a member of the governing body;
c
the trustees of any trust relating to the school;
d
in the case of a Church of England school or Roman Catholic Church school, the appropriate diocesan authority; and
e
in the case of any other school designated under section 69(3) of the 1998 Act as having a religious character, the appropriate religious body.
Duty to secure making of instruments of government
33
A local education authority shall make an instrument of government in accordance with these Regulations for each school which is maintained by them, no later than 31st August 2006.
PART 6
Transitional Provision
Transitional provision
34
Schedule 7 has effect for the purpose of continuing the term of office of governors on transition to an instrument of government made in accordance with these Regulations.
David Miliband
Minister of State,
Department for Education and Skills
18th February 2003


text:
Name and commencement
1
1
This Order is called the Denbighshire (Rhuddlan, Rhyl, Dyserth and Prestatyn) Order 2003.
2
This Order comes into force on 1 April 2004, which is the appointed day for the purposes of the Regulations, except that for the purposes set out in Regulation 4(1) of the Regulations this Order comes into force on 1 December 2003.
Interpretation
2
In this Order —
“boundary map A” (“ map ffiniau A ”) means the map prepared by the National Assembly for Wales and marked “Map A of the Denbighshire (Rhuddlan, Rhyl, Dyserth and Prestatyn) Order 2003” and deposited in accordance with Regulation 5 of the Regulations;
“boundary map B” (“ map ffiniau B ”) means the map prepared by the National Assembly for Wales and marked “Map B of the Denbighshire (Rhuddlan, Rhyl, Dyserth and Prestatyn) Order 2003” and deposited in accordance with Regulation 5 of the Regulations;
“Denbighshire” (“ Sir Dinbych ”) means the County of Denbighshire; and
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 .
Changes in Community Areas
3
1
Those parts of the community of Rhuddlan in Denbighshire and shown hatched in black on boundary maps A and B are separated from that community and form part of the community of Rhyl.
2
That part of the community of Dyserth in Denbighshire and shown cross hatched in black on boundary map B is separated from that community and forms part of the community of Prestatyn.
3
That part of the community of Rhuddlan in Denbighshire and shown shaded in black on boundary map B is separated from that community and forms part of the community of Prestatyn.
Changes to Wards
4
1
The South ward of the community of Rhyl is expanded to include the area shown hatched in black on boundary map A.
2
The South East ward of the community of Rhyl is expanded to include the area shown hatched in black on boundary map B.
3
The South West ward of the community of Prestatyn is expanded to include the area shown cross-hatched in black and the area shown shaded in black on map B.
Signed on behalf of the National Assembly for Wales
Sue Essex
Minister for Finance, Local Government and Public Services
28th November 2003


text:
Title, commencement and extent
1
1
This order may be cited as the Prohibition of Fishing with Multiple Trawls Order 2003 and shall come into force on 7th July 2003.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect in Scotland or Northern Ireland of section 14 of the Act in relation to, or for purposes incidental to, any provision of this Order which creates an offence.
Interpretation
2
1
In this Order —
“the Act” means the Sea Fish (Conservation) Act 1967;
“the Fladen area ” means the waters of the Scottish zone bounded by a line beginning from a point on the north coast of Scotland at 04° 00− west longitude; thence due north to a point on the outer limit of the Scottish zone; thence in a north easterly direction along that outer limit to 62° 30− north latitude; thence due east to a point on the outer limit of the Scottish zone; thence in a south easterly direction along that outer limit to 57° 30− north latitude; thence due west to a point on the east coast of Scotland; and thence in a northerly and westerly direction following that coast to the point of beginning;
“beam trawler” means a fishing boat which, in so far as it carries or uses nets, carries or uses only nets which are designed to be towed along the sea-bed and which have their mouth extended by a beam, bar or other rigid device;
“ equivalent Order ” means any order made under section 5 of the Act creating a prohibition similar to the one in article 3 of this Order and extending or applying to any part of the United Kingdom;
“ ICES ” followed by a roman numeral and a description shall be construed as a reference to the statistical sub-area of the International Council for the Exploration of the Sea with the same numeral and description identified in the Schedule to this Order;
“net” means a trawl, Danish Seine or similar towed net, all of which have the same meaning as in Council Regulation ( EC ) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms as last amended by Council Regulation (EC) No. 973/2001 ;
“Northern Ireland fishing boat” means a vessel which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;
“Northern Ireland zone” means the sea within British fishery limits which is adjacent to Northern Ireland;
“relevant British fishing boat” does not include a Northern Ireland fishing boat; and
“single trawl” means a single net towed by a two warp rig in which the net has a single bosom groundrope (the bosom being the central portion of the trawl between the lower wings), where the groundrope is attached to the towing rig at each wing-end only, and does not have any further attachment, including bridles, wires or ropes, connecting it to the towing rig.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Northern Ireland zone;
ii
the territorial sea adjacent to Wales;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to the Bailiwick of Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 as extended to Guernsey;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales.
Prohibition of method of fishing
3
1
Subject to paragraph (2), fishing for sea fish —
a
by any relevant British fishing boat wherever it may be; or
b
by any Scottish fishing boat or Northern Ireland fishing boat within relevant British fishery limits,
with any net other than a single trawl is prohibited.
2
Paragraph (1) shall not apply —
a
to any beam trawler;
b
to fishing with a net having a mesh size of not less than 80 millimetres —
i
in the Fladen area;
ii
in ICES VI (Rockall and West of Scotland) south of a line drawn westwards from the east coast of the Sound of Jura at 56° north latitude;
iii
in ICES VII (Irish Sea, West of Ireland and Porcupine Bank, South Coast of Ireland, Bristol Channel and English Channel); or
iv
in ICES IV (North Sea) south of a line drawn eastwards from the east coast of England at 53° north latitude; or
c
to fishing with any net having a mesh size of 95 millimetres or more.
Powers of British sea-fishery officers in relation to fishing boats
4
1
For the purpose of the enforcement of this Order or any equivalent Order, a British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) of this article in relation to —
a
any relevant British fishing boat wherever it may be; and
b
any Scottish fishing boat or Northern Ireland fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appear to him to be necessary for the purpose mentioned in paragraph (1) and, in particular —
a
may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to its fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether the master, owner or charterer of the boat has committed an offence under section 5 of the Act as read with this Order or any equivalent Order, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search; and
d
where the boat is one in relation to which the officer has reason to suspect that such an offence has been committed, may take copies of and seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for this offence;
but nothing in sub-paragraph (d) shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a contravention of this Order or any equivalent order has at any time taken place, the officer may —
a
require the master of the boat in relation to which the contravention took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Revocation
5
The Prohibition of Fishing with Multiple Trawls Order 2001 is revoked, except insofar as it forms part of the law of Northern Ireland.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th June 2003
Paul Murphy
Secretary of State for Northern Ireland
11th June 2003


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration Employment Document (Fees) (Amendment) Regulations 2003 and shall come into force on 30th May 2003.
Amendment of the Fees Regulations
2
1
The Immigration Employment Document (Fees) Regulations 2003 shall be amended as follows.
2
In regulation 3, after the definition of “school teacher” there shall be inserted:
“the Sectors-Based Scheme” means a scheme operated by the Secretary of State under the immigration rules for persons seeking to enter the United Kingdom to take specified employment in specified sectors.
.
3
In regulation 4, after “regulations”, there shall be inserted “4A, 4B,”.
4
After regulation 4, there shall be inserted:
Fee in relation to a group application
4A
1
Subject to paragraph (3), where an application is made by a single employer in respect of a number of persons who form a group, each of whom is seeking to enter, or remain, in the United Kingdom as a person to whom paragraph (2) applies, a single fee of £95 is payable in relation to that application.
2
This paragraph applies to a person who is seeking to enter, or remain, in the United Kingdom —
a
as a person employed by a ballet or other dance group, theatre group, circus troupe, or orchestra or other group of musicians; and
b
for the purpose of fulfilling a contractual obligation to perform in that capacity in the United Kingdom.
3
Regulation 5 will only except an application referred to in paragraph (1) from the requirement that it be accompanied by a fee if every person in respect of whom the application is made is a person to whom regulation 5(a) applies.
Fee in relation to an application under the Sectors-Based Scheme
4B
An application shall, subject to regulation 5(a), be accompanied by a fee of £74 if it is made in respect of a person seeking to enter the United Kingdom for employment under the Sectors-Based Scheme.
.
Beverley Hughes
Minister of State
Home Office
9th May 2003


text:
1
This Order may be cited as the Land Registration Act 2002 (Commencement No. 1) Order 2003.
2
Sections 128 to 132, 134(1) and 136 of the Land Registration Act 2002 shall come into force on 4th April 2003.
Signed by authority of the Lord Chancellor
Scotland of Asthal, QC
Parliamentary Secretary
Lord Chancellor’s Department
Dated 21st March 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Governors' Allowances) (England) Regulations 2003 and shall come into force on 1 st September 2003.
2
These Regulations shall apply only in relation to England.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996;
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
“the 2002 Act ” means the Education Act 2002;
“associate member” means a person appointed by the governing body as a member of one or more of its committees but who is not a member of the governing body for the purposes of section 18 of the 2002 Act;
“governing body” in relation to a maintained school includes a temporary governing body constituted under section 34 of the 2002 Act; and
“governor” in relation to a maintained school includes a member of a temporary governing body.
2
In these Regulations, a reference to “receipt” includes a reference to other evidence establishing the amount of the expenditure.
Revocation of the Education (Governors' Allowances) Regulations 1999
3
The Education (Governors' Allowances) Regulations 1999 are hereby revoked in relation to England with effect from 1 st September 2003.
Schools with delegated budgets
4
1
The governing body of a maintained school which has a delegated budget may determine, in accordance with the provisions of a scheme made by it for the purposes of these Regulations, to pay to a member of that governing body or any associate member thereof payments by way of allowance referred to in paragraph (2).
2
The payments by way of allowance referred to in paragraph (1) are in respect of expenditure necessarily incurred by that person for the purpose of enabling him to perform any duty as a governor or as an associate member being either payments made under regulation 7 or payments at a rate determined by the governing body and made on provision of a receipt for the relevant amount.
3
A scheme referred to in paragraph (1) may not make different provision in relation to members of the governing body and associate members thereof or in relation to different categories of governor.
Schools without delegated budgets and other institutions
5
1
The allowances referred to in paragraph (2) are hereby prescribed as allowances which a local education authority may, in accordance with the provisions of a scheme made by them for the purposes of section 519 of the 1996 Act, pay to —
a
a governor of a maintained school which does not have a delegated budget;
b
a person appointed to represent the local education authority on the governing body of any institution providing higher education or further education (or both);
c
a person appointed to represent the local education authority on the governing body of any independent school or special school which is not maintained by that authority.
2
The payments by way of allowance referred to in paragraph (1) are in respect of expenditure necessarily incurred by that person for the purpose of enabling him to perform any duty as a governor or as a person appointed to represent the local education authority being payments either made under regulation 7 or payments at a rate determined by the authority and made on provision of a receipt for the relevant amount.
6
1
Where a maintained school does not have a delegated budget, the allowances referred to in paragraph (2) may be paid by the local education authority to an associate member of the governing body in accordance with the provisions of a scheme made by the authority for that purpose.
2
The payments by way of allowance referred to in paragraph (1) are in respect of expenditure necessarily incurred by that person for the purposes of enabling him to perform any duty as an associate member being payments either made under regulation 7 or payments at a rate determined by the authority and made on provision of a receipt for the relevant amount.
Travel payments for private vehicles
7
Payments for travel expenses incurred through the use of private cars, pedal cycles and motorcycles shall be at a rate not exceeding the Inland Revenue Authorised Mileage Rate as published from time to time.
David Miliband
Minister of State,
Department for Education and Skills
3rd March 2003


text:
Title and commencement
1
This Order may be cited as the Whole of Government Accounts (Designation of Bodies) Order 2003 and shall come into force on 1st April 2003.
Designation
2
The bodies listed in the schedule to this Order are designated in respect of the financial year ending on 31st March 2004 for the purposes of section 10 of the Government Resources and Accounts Act 2000.
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2003


text:
1
1
This Order may be cited as the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2003 and shall come into force on 13th October 2003.
2
This Order extends to England and Wales only.
2
Part IV of the Criminal Justice Act 1988 shall apply to any case in which sentence is passed on a person for any offence under sections 29 to 32 (racially or religiously aggravated assaults; racially or religiously aggravated criminal damage; racially or religiously aggravated public order offences; racially or religiously aggravated harassment etc ) of the Crime and Disorder Act 1998 .
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
5th September 2003


text:
Citation and commencement
1
This Order may be cited as the Official Secrets Act 1989 (Prescription) (Amendment) Order 2003 and shall come into force one month after the day on which it is made.
Amendments to the Official Secrets Act 1989 (Prescription) Order 1990
2
1
The Official Secrets Act 1989 (Prescription) Order 1990 shall be amended as follows.
2
At the end of Schedule 1 to that Order, add the entries in Schedule 1 to this Order.
3
For the entries in Schedule 3 to that Order, substitute the entries in Schedule 2 to this Order.
Baroness Scotland of Asthal, Q.C.
Minister of State
Home Office
21st July 2003


text:
1
This Order may be cited as the A421 Trunk Road (Great Barford Bypass and Slip Roads) Order 2003 and shall come into force on 19th December 2003.
2
In this Order —
1
All measurements of distance are measured along the route of the relevant highway;
2
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip roads;
iii
“the plan” means the plan numbered HA 10/MP/012 marked “The A421 Trunk Road (Great Barford Bypass and Slip Roads) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at Records Management Branch, Room F13, Ashdown House, Sedlescombe Road North, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways at the places stated in that Schedule.
3
The main new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is 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 so maintainable and is not maintainable under a special enactment or by reason of tenture, 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 relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
A Dvisional Director in the Highways Agency
5th December 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the National Health Service Pension Scheme (Amendment) Regulations 2003 and shall come into force on 1st October 2003.
2
Regulation 2 shall have effect —
a
in the case of paragraph (5), as from 6th April 2003;
b
in the case of the remainder of that regulation, as from 1st April 2003.
Amendment of the National Health Service Pension Scheme Regulations 1995
2
1
The National Health Service Pension Scheme Regulations 1995 shall be amended in accordance with the following paragraphs.
2
For regulation C1(3)(meaning of “pensionable pay” and “final year’s pensionable pay”) there shall be substituted the following paragraph —
3
In the case of a member who —
a
joined the scheme before 1st June 1989 and has a break in pensionable employment on or after that date —
i
any pensionable pay earned preceding the break in that employment in excess of the permitted maximum will not be ignored;
ii
any pensionable pay earned after the break in that employment in excess of the permitted maximum will be ignored;
b
joined the scheme before 1st June 1989 and to whom sub-paragraph (a) does not apply, pensionable pay in excess of the permitted maximum will not be ignored.
.
3
In regulation F5 (payment of lump sum) —
a
in paragraph (3) —
i
in sub-paragraph (a) —
aa
after the word “notice” in the first place where it occurs, there shall be inserted the words “in writing”;
bb
the words “in accordance with paragraph (3B) below” shall be omitted;
ii
after sub-paragraph (a), there shall be inserted the following sub-paragraph —
aa
the widow or widower has been convicted of an offence specified in regulation T6(1A) and the Secretary of State has directed, as a consequence of that conviction, that the widow’s or widower’s right to a payment in respect of the member’s death shall be forfeited; or
;
b
in paragraph (3A) —
i
after the word “notice” in the first place where it occurs, there shall be inserted the words “in writing”;
ii
the words “in accordance with paragraphs (3B) and (3C) below” shall be omitted;
iii
after sub-paragraph (a), there shall be inserted the following sub-paragraph —
aa
that person has been convicted of an offence specified in regulation T6(1A) and the Secretary of State has directed, as a consequence of that conviction, that that person’s right to a payment in respect of the member’s death shall be forfeited; or
;
c
for paragraph (3B), there shall be substituted the following paragraph —
3B
Notice given to the Secretary of State for the purpose of paragraph (3) or (3A) may, at any time, be revoked in writing.
;
d
in paragraph (3C), after the word “shall”, there shall be inserted the words “only be given by a member who is in pensionable service under the scheme and shall”.
4
For regulation L4(8)(early leavers returning to pensionable employment) there shall be substituted the following paragraph —
8
If a member’s pensionable employment before and after a break in pensionable employment (the “pre-break period” and the “post-break period” respectively) is treated separately, the member’s benefits in respect of such employment in the pre-break period and the post-break period shall be calculated —
a
separately; and
b
by reference to —
i
the member’s pensionable service comprising that pre-break or post-break period as the case may be; and
ii
his final year’s pensionable pay in respect of that particular period,
as if that period had been his only period of pensionable employment.
.
5
In Part P (members absent from work) —
a
in the title to regulation P1, for the words “maternity leave”, there shall be substituted the words “certain types of leave”;
b
in regulation P1 —
i
in sub-paragraph (1), after the words “maternity leave”, there shall be inserted the words “, adoption leave or paternity leave”;
ii
in sub-paragraph (4)(b), for the words “woman on maternity leave” there shall be substituted the words “member on maternity leave, adoption leave or paternity leave”.
6
In Schedule 2 (medical and dental practitioners) —
a
in paragraph 9 (officer service treated as practitioner service) —
i
for sub-paragraph (2), there shall be substituted the following sub-paragraph —
2
For the purpose of calculating any benefit in respect of officer service that is treated as practitioner service under sub-paragraph (1), the member’s pensionable pay in respect of that officer service —
a
may be disregarded and his uprated earnings increased by the same proportion as his practitioner’s service is increased by virtue of the officer service being treated as practitioner service under sub-paragraph (1); or
b
may be treated as pensionable earnings,
whichever is the more favourable to him.
;
ii
after sub-paragraph (5), there shall be inserted the following sub-paragraphs —
5A
Where a member has more than 10 years' officer service before first becoming —
a
a principal practitioner; or
b
a practitioner providing piloted services under an agreement between that practitioner and a Health Authority, Primary Care Trust or Local Health Board,
the member’s officer service before first becoming such a practitioner may be treated as practitioner service if it would be more favourable to him.
5B
For the purpose of calculating any benefits in respect of officer service that is treated as practitioner service under sub-paragraph (5A), the member’s pensionable pay in respect of that officer service shall be treated as pensionable earnings.
;
iii
after sub-paragraph (6), there shall be inserted the following sub-paragraphs —
6A
Subject to sub-paragraph (8), if a member has in total, 1 year’s officer service or more on the last occasion on which he ceases to be a practitioner before his pension under the scheme becomes payable, that officer service may be treated as practitioner service if it would be more favourable to him.
6B
Any officer service which is treated as practitioner service by virtue of sub-paragraph (6) or (6A) shall include any periods of officer service which are concurrent with periods of practitioner service.
;
iv
in sub-paragraph (7), after “sub-paragraph (6)” there shall be inserted “or (6A)”;
v
in sub-paragraph (8) —
aa
after “sub-paragraph (6)”, in the first and third places where it occurs, there shall be inserted “or (6A)”;
bb
for the words “sub-paragraph (6) will not”, there shall be substituted the words “neither sub-paragraph (6) nor (6A) will”;
cc
in paragraph (a), after “sub-paragraph (1)” there shall be inserted “or (5A)”;
vi
in sub-paragraph (11), after “sub-paragraph (6)”, there shall be inserted “, sub-paragraph (6A)”;
b
after paragraph 11, there shall be inserted the following paragraph —
Practitioners with benefits from both practitioner and officer service
11A
1
A member —
a
who has at least two years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme;
b
who ceases to be in officer service while continuing in practitioner service; and
c
whose officer service is not treated as practitioner service under paragraph 9(5A) or (6A),
shall be entitled to receive a separate pension and retirement lump sum in respect of his officer service.
2
A member —
a
who has at least two years' qualifying service or in respect of whom a transfer payment has been made to the scheme in respect of his rights under a personal pension scheme; and
b
who ceases, or who ceased before 1st April 2003, to be in practitioner service while continuing in officer service on or after that date,
shall be entitled to receive a separate pension and retirement lump sum in respect of such of his pensionable service as is specified in sub-paragraph (3).
3
The pensionable service specified for the purposes of sub-paragraph (2) is —
a
any practitioner service; and
b
any officer service which falls to be treated as practitioner service under paragraph 9.
4
Subject to sub-paragraph (5), the amount of any pension or retirement lump sum which a member is entitled to receive under sub-paragraph (1) or (2) shall be the same as the amount of the pension or retirement lump sum which the member would have been entitled to receive under these Regulations if he had left pensionable employment on the day on which he ceased to be in officer service or, as the case may be, ceased to be in practitioner service.
5
A member who is entitled to a pension and retirement lump sum under sub-paragraph (2) shall, if it would be more favourable to him, be treated as having continued in practitioner service until the last day of his pensionable employment.
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th September 2003
We consent
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
8th September 2003


text:
Citation, commencement, application and interpretation
1
1
This Order which may be cited as the NHSU (Establishment and Constitution) Order 2003 shall come into force on 1st December 2003.
2
This Order applies to England only.
3
In this Order —
“ the Act ” means the National Health Service Act 1977;
“the PPA ” means the Prescription Pricing Authority ;
“the PPA Directions” means directions to the PPA regarding NHSU dated 30th May 2002 including the Protocol for the Provision of Financial Services and Human Resources which was entered into on 30th May 2002.
Establishment of NHSU
2
There is hereby established a Special Health Authority which shall be known as NHSU.
Functions of NHSU
3
Subject to and in accordance with such directions as the Secretary of State may give to NHSU NHSU shall perform —
a
such functions relating to the provision of learning so as to promote or secure the effective provision of services under the Act; and
b
such other functions,
as the Secretary of State may direct.
Constitution of NHSU
4
NHSU shall consist of —
a
a chairman; and
b
not more than 10 members who are not officers of NHSU; and
c
5 members who are officers of NHSU including the chief executive (who is also to have the title of vice chancellor designate), and the director of planning and resources.
Remuneration of members
5
NHSU is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of Strategic Health Authorities, Local Health Boards and certain Special Health Authorities).
Public meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to NHSU.
Transfer of officers
7
1
This paragraph applies in relation to any officer who on 30th November is employed by the PPA wholly or mainly in the performance of the functions set out in the PPA Directions and who was notified in writing on or before 7th November 2003 that he was to be transferred to NHSU.
2
Any such officer shall, on 1st December 2003, be transferred to the employment of NHSU.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and NHSU.
4
Without prejudice to paragraph (3) —
a
all rights, powers, duties and liabilities of the PPA under or in connection with its contract of employment with an officer transferred under paragraph (2) shall by virtue of this paragraph be transferred to NHSU; and
b
anything done before the date of the transfer by or in relation to PPA in respect of such an officer or his contract of employment shall be deemed to have been done by or in relation to NHSU.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer objects to the transfer to NHSU and informs the PPA of that objection by 30th November 2003.
6
Where an officer objects as mentioned in paragraph (5), his contract of employment with the PPA shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed by that body.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Enforceability of rights and transfer of property and liabilities of the Prescription Pricing Authority
8
1
Any right that was, immediately before 1st December 2003, enforceable by or against the PPA in respect of the PPA Directions shall, on or after that date be enforceable by or against NHSU.
2
All property and liabilities of the PPA relating to the exercise of its functions under the PPA Directions shall be transferred on 1st December 2003 to NHSU.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
3rd November 2003


text:
Citation and commencement
1
This Order may be cited as the Action for Education and Employment South East Sheffield Education Action Zone (Extension) Order 2003 and shall come into force on 17 th April 2003.
Interpretation
2
1
In this Order-
“Action for Education and Employment South East Sheffield Education Action Zone” means the Education Action Zone established by the Action for Education and Employment South East Sheffield Education Action Zone Order 2000 .
The extension of the Action for Education and Employment South East Sheffield Education Action Zone
3
The Action for Education and Employment South East Sheffield Education Action Zone is extended for a further period of two years beginning with 17 th April 2003.
David Miliband
Minister of State,
Department for Education and Skills
3 rd March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Road User Charging (Enforcement and Adjudication) (London) (Amendment) Regulations 2003 and shall come into force on 17 February 2003.
Preliminary
2
The Road User Charging (Enforcement and Adjudication) (London) Regulations 2001 shall be amended as follows.
Amendment of regulation 2 (interpretation)
3
In regulation 2(1), the following definition shall be inserted after the definition of “hiring agreement” —
“outstanding” in relation to a penalty charge shall be construed in accordance with regulation 11(2) of the Charges and Penalty Charges Regulations;
.
Reports by adjudicators
4
1
Regulation 8 shall be amended as follows.
2
For the words “the Secretary of State for Transport, Local Government and the Regions” there shall be substituted “the Secretary of State for Transport”.
Right to make representations
5
1
Regulation 10 shall be amended as follows.
2
For paragraph (3)(d), there shall be substituted —
d
in a case where the vehicle was fitted with an immobilisation device or was removed and penalty charges were outstanding with respect to the vehicle, that —
i
those penalty charges were all incurred before the person liable in relation to the vehicle at the time of its immobilisation or removal had become the person liable in relation to that vehicle; or
ii
the number of penalty charges incurred after he had become the person liable was fewer than such number as may be specified for the purposes of regulation 10(1)(b) or 12(1)(b), as the case may be, of the Charges and Penalty Charges Regulations; or
.
Right to appeal to an adjudicator
6
1
Regulation 11 shall be amended as follows.
2
After paragraph (1), there shall be inserted —
1A
An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has already expired.
Penalty charge notices
7
1
Regulation 12 shall be amended as follows.
2
In paragraph (1), after the words “to be paid” there shall be inserted “and, in those circumstances, the scheme provides for the payment of a penalty charge”.
3
For sub-paragraphs (d) and (e) of paragraph (3), there shall be substituted —
d
the time, in accordance with the charging scheme under which it is imposed, and the manner in which the penalty charge must be paid;
e
the amount of the reduced penalty charge if it is duly paid in the time specified in the charging scheme;
ea
the amount of the increased penalty charge if:
i
the penalty charge is not paid; or
ii
no representations are made under regulation 13,
before the end of the relevant period as defined by regulation 17(2)(a);
.
Representations against penalty charge notice
8
1
Regulation 13 shall be amended as follows.
2
In paragraph (1), after the word “representations” there shall be inserted “in writing”.
3
In paragraph (3)(c) —
a
the words “in the circumstances of the case” shall be omitted; and
b
after the word “payable” there shall be inserted “under the charging scheme”.
Adjudication by an adjudicator
9
1
Regulation 16 shall be amended as follows.
2
In paragraph (1)(b), after the words “an adjudicator may allow” there shall be inserted “, following consultation with the charging authority”.
3
After paragraph (1), there shall be inserted —
1A
An adjudicator may allow a longer period for an appeal under paragraph (1)(b) whether or not the period specified in paragraph (1)(a) has already expired.
Charge certificates
10
1
Regulation 17 shall be amended as follows.
2
In paragraph (1), for the words “by such proportion as may be specified” there shall be substituted “to the sum specified”.
3
After paragraph (1), there shall be inserted —
1A
A charging authority which has served a charge certificate on any person may cancel the charge certificate and serve or cancel such further charge certificates as it thinks fit.
Enforcement by execution
11
For regulation 20(2), there shall be substituted —
2
For the purposes of the enforcement of an unpaid penalty charge referred to in paragraph (1)(a) or the enforcement of the payment of a sum referred to in paragraph (1)(b) —
a
any reference in the 1993 Order to “the authority” shall be a reference to a charging authority; and
b
the reference in article 3(1) of the 1993 Order to “the time for serving a statutory declaration” shall be a reference to, as the case may be —
i
the period of 21 days allowed by regulation 19(1)(c); or
ii
where a longer period has been allowed pursuant to regulation 19(4), that period.
Service by post
12
In regulation 21, for the word “Any” there shall be substituted “Except as provided for in the Schedule, any”.
Signed by authority of the Lord Chancellor
SCOTLAND OF ASTHAL QC
Parliamentary Secretary,
Lord Chancellor’s Department
23 January 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Performance Information) (England) (Amendment) Regulations 2003 and shall come into force on 18th September 2003.
2
In these Regulations “the principal Regulations ” means the Education (School Performance Information) (England) Regulations 2001 and a reference to a numbered regulation is a reference to the regulation in the principal Regulations bearing that number.
Amendment of the principal Regulations
2
Amend the principal Regulations as set out in regulations 3 to 8.
3
1
Amend regulation 2 as follows.
2
In paragraph (1) —
a
after the definition of “the 1996 Act” insert–
“the 2002 Act ” means the Education Act 2002 ;
b
in the definition of “assessment” for the words “made under section 356 of the 1996 Act” substitute “made, or deemed made, under section 87 of the 2002 Act”;
c
in the definition of “attainment targets” for the words “section 353 of the 1996 Act” substitute “section 76 of the 2002 Act”;
d
in the definition of “NC tests” for the words “made under section 356 of the 1996 Act” substitute “made, or deemed made, under section 87 of the 2002 Act”.
3
In paragraph (2) for the words “section 355(1) of the 1996 Act” substitute “section 82(1) of the 2002 Act”.
4
Omit regulation 16 and Schedule 8.
5
In paragraph 1.(2)(c) of Schedule 1 for the words “section 364 or 365 of the 1996 Act” substitute “section 92 or 93 of the 2002 Act”.
6
1
Amend paragraph 2.(2) of Schedule 2 as follows.
2
After sub-paragraph (i) insert —
iA
the level of the National Curriculum level scale previously achieved by the pupil at Key Stage 1 as determined by the results of NC tests;
.
3
In sub-paragraph (iv) for the words “section 364 or 365 of the 1996 Act” substitute “section 92 or 93 of the 2002 Act”.
7
1
Amend Schedule 3 as follows.
2
In paragraph 7 after sub-paragraph (c) insert —
d
the level of the scale achieved by the pupil in key skills examinations inInformation Technology, application of number and communication at Level 3 and at Level 4 as determined by the results of such examinations.
.
3
In paragraph 10 —
a
at the end of paragraph (ii) of sub-paragraph (a) for “;and” substitute “;or”;
b
After paragraph (ii) of sub-paragraph (a) insert —
iii
an Advanced Extension Award; and
c
in sub-paragraph (b) for the words “(a)(i) and (ii)” substitute “(a)(i), (ii) and (iii)”.
8
1
Amend Schedule 5 as follows.
2
For paragraph 5 substitute —
5
The number of registered pupils aged 15 who have special educational needs in respect of whom a statement of special educational needs is maintained under section 324 of the 1996 Act.
.
3
After paragraph 5 insert —
5A
The number of registered pupils aged 15 who have special educational needs but in respect of whom a statement of special educational needs is not maintained under section 324 of the 1996 Act.
.
4
For paragraph 10 substitute —
10
In the case of a school which has been approved by the Secretary of State as a specialist school, which specialism or specialisms apply to that school
.
5
For paragraph 11 substitute —
11
The number of registered pupils at or near the end of the final year of the third key stage who have special educational needs in respect of whom a statement is maintained under section 324 of the 1996 Act.
.
a
After paragraph 11 insert —
11A
The number of registered pupils at or near the end of the final year of the third key stage who have special educational needs but in respect of whom a statement of special educational needs is not maintained under section 324 of the 1996 Act.
.
9
1
Amend Schedule 6 as follows.
2
For paragraph 5 substitute —
5
The number of registered pupils at or near the end of the final year of the second key stage who have special educational needs in respect of whom a statement of special educational needs is maintained under section 324 of the 1996 Act.
.
3
After paragraph 5 insert —
5A
The number of registered pupils at or near the end of the second key stage who have special educational needs but in respect of whom a statement of special educational needs is not maintained under section 324 of the 1996 Act.
.
David Miliband
Minister of State,
Department for Education and Skills
15th August 2003