text:
PART I
GENERAL AND INTRODUCTION
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 and shall come into force on 6th October 2003.
2
These Regulations apply to England.
Interpretation
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990 ;
“abroad” means any place outside the United Kingdom;
“capital limit” —
in the case of a person who lives permanently in a care home or in accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948 is the amount prescribed in regulation 20 of the National Assistance (Assessment of Resources) Regulations 1992 , and
in the case of any other person, means the amount prescribed for the purposes of section 134(1) of the Social Security Contribution and Benefits Act 1992 ;
“care home” has the meaning given in section 3 of the Care Standards Act 2000 ;
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act 2002 ;
“claimant” means a person who makes a claim in accordance with regulation 7 or regulation 11;
“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ;
“couple” has the meaning given in section 137 of the Social Security Contributions and Benefits Act 1992;
“date of claim” means the date on which a claim made under regulation 7 or regulation 11 is received by the Secretary of State;
“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;
“family” has the meaning given by section 137(1) of the Social Security Contributions and Benefits Act 1992 as it applies to income support, except that —
in regulation 5(1)(d), in relation to a person who is receiving income based jobseeker’s allowance it has the meaning given in section 35 of the Jobseekers Act 1995 ,
in regulations 5(1)(e) and 8(2) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definitions and Calculation of Income) Regulations 2002 , and
where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999 , it means the asylum-seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom he has included in that claim and the references to “family” in regulations 5(2)(c) and 8(1), (3) and (7) shall be construed accordingly;
“full rate” means the rate determined under section 26(2) of the National Assistance Act 1948;
“full time student” has the meaning given in regulation 61 of the Income Support Regulations ;
“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ;
“income-based jobseeker’s allowance” has the meaning assigned to it by section 1(4) of the Jobseekers Act 1995;
“income support” means income support under Part VII of the Social Security Contributions and Benefits Act 1992, and includes personal expenses addition, special transition addition and transitional addition as defined in regulation 2(1) of the Income Support (Transitional) Regulations 1987 ;
“the Income Support Regulations” mean the Income Support (General) Regulations 1987 ;
“ NHS charge” has the meaning given in regulation 4;
“NHS contract” has the meaning given in section 4(1) of the 1990 Act;
“NHS travel expenses” and “NHS foreign travel expenses” have the meanings given in regulation 3;
“NHS trust” has the meaning given in section 5 of the 1990 Act;
“partner” means where a claimant —
is a member of a married or an unmarried couple, the other member of that couple,
is married polygamously to two or more members of his household, any such member;
“pension credit guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002 ;
“pension credit savings credit” shall be construed in accordance with sections 1 and 3 of the State Pension Credit Act 2002;
“port” includes an airport, ferry port or international train station in Great Britain from which an international journey begins;
“provider” means the provider of any services mentioned in regulation 3(1)(a);
“relevant date” means —
in the case of a claim under regulation 7, the date of the claim; and
in the case of a claim under regulation 11(2) the date when the NHS charge or NHS travel expenses were paid;
“relevant income” has the meaning given in section 7(2) of the Tax Credits Act 2002;
“standard rate” means the standard rate fixed in accordance with section 22(2) of the National Assistance Act 1948;
“trade dispute” has the same meaning as in section 35(1) of the Jobseekers Act 1995;
“week” means a period of 7 days beginning with midnight between Saturday and Sunday; and
“working tax credit” means working tax credit under the Tax Credits Act 2002.
NHS travel expenses
3
1
In these Regulations “NHS travel expenses” means the travel expenses which a person necessarily incurs —
a
in attending —
i
a health service hospital,
ii
any other establishment managed by an NHS trust or a Primary Care Trust, or
iii
any other place in the United Kingdom,
for the provision of any services (except personal medical or personal dental services provided under section 28C of the Act) under the care of a consultant in accordance with Part I of the Act; and
b
in travelling to a port in Great Britain for the purpose of travelling abroad in order to receive services provided pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the 1990 Act.
2
In these Regulations “NHS foreign travel expenses” means the travel expenses which a person necessarily incurs in travelling abroad from a port in Great Britain in order to receive services pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the 1990 Act.
3
NHS travel expenses and NHS foreign travel expenses include the travel expenses of a companion in a case where the person to whom services are provided is either —
a
a child; or
b
a person whose medical condition is such that, in the opinion of a doctor involved in the provision of the services or, where appropriate, another health care professional so involved, a companion is necessary.
4
A person who wishes to rely on entitlement to NHS travel expenses must —
a
unless he is a person who by virtue of regulation 5(1) is not required to make such a claim, make a claim to entitlement under regulation 7; and
b
make an application for payment of travel expenses under regulation 10.
5
The amount of any NHS travel expenses to which a person is entitled under these Regulations —
a
must be calculated by reference to the cost of travelling by the cheapest means of transport which is reasonable having regard to the person’s age, medical condition and any other relevant circumstances; and
b
where travel is by private car, may include a mileage allowance and car parking expenses.
6
A person is entitled to payment of NHS foreign travel expenses only where the health service body which made the arrangements for the provision of services abroad agrees the mode and cost of travel and the necessity or otherwise for a companion before the costs are incurred.
Remissible NHS charges
4
1
In these regulations “NHS charge” means any charge which would otherwise be payable —
a
in accordance with regulations made under section 77(1) of the Act, for the supply of drugs, medicines, appliances and pharmaceutical services;
b
in accordance with regulations made under section 78(1A) of the Act, for the supply of dentures and other dental appliances; and
c
in accordance with regulations made under section 79(1) of the Act or section 20(1) of the National Health Service (Primary Care) Act 1997 , for the provision of dental treatment.
2
A person who wishes to rely on entitlement under these Regulations to remission of a NHS charge must —
a
unless he is a person who, by virtue of regulation 5(1), is not required to make such a claim, make a claim to entitlement under regulation 7 or regulation 11; and
b
provide any declaration or evidence of entitlement which is required under the Charges Regulations.
PART II
ENTITLEMENT TO PAYMENT OF NHS TRAVEL EXPENSES AND REMISSION OF NHS CHARGES
Entitlement to full remission and payment
5
1
Subject to paragraph (3), a person is entitled, without making a claim under regulation 7 (claims to entitlement), to the payment in full of NHS travel expenses and the full remission of a NHS charge if —
a
he is receiving income support;
b
he is receiving income based jobseeker’s allowance;
c
he is receiving pension credit guarantee credit;
d
he is a member of the same family as a person who is receiving income support, income based jobseeker’s allowance or pension credit guarantee credit; or
e
he is a member of a family one member of which is receiving —
i
working tax credit and child tax credit,
ii
working tax credit which includes a disability element, or
iii
child tax credit, but is not eligible for working tax credit,
provided that the relevant income of the member or members to whom the tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200.
2
Subject to paragraph (3), the following persons are entitled to the payment in full of NHS travel expenses and the remission in full of a NHS charge but are required to make a claim for such payment or remission in accordance with regulation 7 (claims to entitlement) —
a
a person who lives permanently in —
i
a care home, or
ii
accommodation provided by a local authority under sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation),
and who has satisfied the authority that he is unable to pay for that accommodation at the standard rate or, as the case may be, the full rate;
b
an asylum-seeker for whom support is provided under Part VI of the Immigration and Asylum Act 1999;
c
a member of the same family as an asylum seeker described in sub-paragraph (b);
d
a relevant child within the meaning of section 23A of the Children Act 1989 whom a responsible local authority is supporting under section 23B(8) of that Act;
e
any other person who satisfies the Secretary of State in accordance with Part IV that his capital resources do not exceed the capital limit and that his requirements equal or exceed his income resources; and
f
a member of the same family as a person described in sub-paragraph (e).
3
A person’s entitlement under paragraph (1) or (2) arises only where he is of a description mentioned in either of those paragraphs at the time when —
a
the charge is made;
b
the NHS travel expenses are incurred; or
c
in the case of a charge for the supply of a denture or other dental appliance metioned in regulation 4(1)(b) or for dental treatment mentioned in regulation 4(1)(c), either —
i
the arrangements for the treatment or course of treatment are made, or
ii
the charge is made.
Entitlement to partial remission and payment
6
1
Subject to paragraphs (2) to (4), a person is entitled to the payment in part of any NHS travel expenses and remission in part of a NHS charge provided that at the time the travel expenses are incurred or the charge is made —
a
his capital resources do not exceed the capital limit; and
b
either —
i
his income resources exceed his requirements by less than a third of the charge or, as the case may be, by less than the travel expenses, or
ii
he is a member of the family of a person described in sub-paragraph (b)(i),
but is required to make a claim for such remission or payment in accordance with regulation 7 (claims to entitlement).
2
In the case of a NHS charge mentioned in regulation 4(1)(a), the entitlement under paragraph (1) to partial remission applies only to a charge for the supply of an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs) and not to a charge for any other appliance or for drugs, medicines or pharmaceutical services.
3
Subject to paragraph (4), the amount to which a person is entitled under paragraph (1) is —
a
in the case of a NHS charge, the difference between the charge and three times the amount by which his income resources exceed his requirements; and
b
in the case of recoverable travelling expenses, subject to regulation 9 (travel expenses of persons resident in the Isles of Scilly), the difference between the amount of the expenses incurred and the amount by which his income resources exceed his requirements.
4
In the case of a NHS charge —
a
for dental treatment or for the supply of a dental appliance under Part II of the Act (general dental services), or
b
for dental treatment under Part I of the National Health Service (Primary Care) Act 1997 (personal dental services),
the charge which is partially remissible under this regulation and which must be used for the purposes of the calculation required under paragraph (3)(a) is the charge made for one course of treatment, including any charge made for a dental appliance supplied in that course of treatment.
Claims to entitlement
7
1
Subject to paragraph (3), a person who wishes to claim entitlement under regulation 5(2) (entitlement to full remission and payment) or regulation 6(1) (entitlement to partial remission and payment) must make a claim to the Secretary of State on a form either provided for the purpose by him or approved by him.
2
On a claim under paragraph (1), the claimant must provide such evidence and information as the Secretary of State may reasonably request within such time as the Secretary of State may reasonably request.
3
A claim may be made on behalf of another person where that person is unable, by reason of mental or physical incapacity, to make the claim himself.
4
Where a claimant does not comply with the Secretary of State’s requests in respect of evidence, information and timing mentioned in paragraph (2), the Secretary of State may notify the claimant that the claim will not be determined and must be regarded as closed.
Notices of entitlement
8
1
Where the Secretary of State determines, on a claim made under regulation 7 (claims to entitlement), that the claimant and any member of his family are entitled to any remission of a NHS charge or any payment in respect of NHS travel expenses, he must issue a notice of entitlement to the claimant.
2
Where a person is entitled to full remission of a NHS charge and payment in full of NHS travel expenses because he is a member of a family described in regulation 5(1)(e) (tax credit families), the Secretary of State must issue a notice of entitlement to that family and in such a case the notice shall apply to all the members of that family.
3
A notice of entitlement issued under paragraph (1) applies to all members of the claimant’s family and must state —
a
whether those persons are entitled to full or partial remission or payment; and
b
in the case of partial remission or payment, the amount of any NHS charge or NHS travel expenses for which there is no entitlement to remission or payment.
4
A notice of entitlement issued under paragraph (1) or paragraph (2) must state the length of time for which it is valid and the dates on which that time begins and ends.
5
A notice of entitlement issued under paragraph (1) is valid for 12 months beginning on the date of the claim except that —
a
in the case of a notice issued to a full time student in the final or only year of a course of study, it is valid from the date of the claim until the last day of that course;
b
in the case of a notice issued to a relevant child, it is valid for 12 months or until the child’s 18th birthday, whichever is the later; and
c
in the case of a notice issued to a person mentioned in regulation 5(2)(b) (asylum seeker), it is valid for 6 months beginning on the date of the claim.
6
A notice of entitlement issued under paragraph (2) is valid from such date and for such period as the Secretary of State may determine.
7
Subject to paragraphs (9) and (10), any change in the financial or other circumstances of a claimant, or of any member of his family, during the life of a notice of entitlement shall not affect its validity in respect of that period or, in the case of partial remission or payment, the amounts referred to in paragraph (3)(b).
8
A claimant who is issued with a notice of entitlement to partial remission may make a further claim in accordance with regulation 7 at any time during the life of the notice if he considers that by reason of a change in his financial circumstances, or those of any member of his family, the amounts referred to in paragraph (3)(b) should be reduced.
9
A claimant to whom a notice of entitlement has been issued under this regulation must return it to the Secretary of State in any case where his claim is subsequently found to have been based on a false representation.
10
A notice of entitlement issued under this regulation is effective only for the purpose of entitlement to remission of charges and payment of travel expenses in accordance with these Regulations.
Travel expenses of persons resident in the Isles of Scilly
9
1
Any person who —
a
is resident in the Isles of Scilly;
b
incurs NHS travel expenses; and
c
is not entitled to payment in full of those travel expenses in accordance with regulation 5,
is entitled to payment of his NHS travel expenses but is required to make a contribution in accordance with paragraphs (2) and (3).
2
A person who would be entitled to payment in part of NHS travel expenses in accordance with regulation 6(1) is required to contribute either the amount which he would have been required to pay under regulation 6(3)(b) or £5, whichever is the less.
3
Any other person is required to contribute £5.
PART III
PAYMENTS AND REPAYMENTS
Payment of NHS travel expenses
10
1
Subject to paragraphs (2) to (5), where a person is entitled in accordance with regulation 5 or 6 to a payment in respect of NHS travel expenses —
a
he must make an application for payment to the provider; and
b
the provider must calculate the actual amount payable in accordance with these Regulations and make the payment.
2
Where services are provided pursuant to arrangements made under section 23 of the Act or paragraph 13 of Schedule 2 to the 1990 Act, the application for payment may be made to, and the calculation and payment may be made by, either the provider or the health service body which made those arrangements.
3
In a case falling within regulation 3(1)(b) (travel to a port) the application for payment must be made to, and the calculation and payment must be made by, the health service body which made the arrangements referred to in that provision.
4
A person who makes an application for payment in respect of NHS travel expenses must sign a declaration of entitlement and provide such evidence of his entitlement and of his travel expenses as the provider, or as the case may be, the health service body which made the arrangements, may require.
5
Payment of NHS travel expenses may be made before the expenses are incurred.
Claims for repayment
11
1
A person who is entitled under these Regulations to full or partial remission of a NHS charge or to full or partial payment in respect of NHS travel expenses and who pays such a charge or such travel expenses without exercising his right to remission or payment, is entitled to be repaid that amount which would have been remitted or paid.
2
A person who wishes to exercise his right to repayment under paragraph (1) must make a claim to the Secretary of State on a form provided for the purpose by him or approved by him.
3
A claim under paragraph (2) must be made within three months of the date on which the payment of the NHS charge or the NHS travel expenses was made or within such longer period as the Secretary of State may for good cause allow.
4
Paragraphs (2) to (5) of regulation 7 (claims to entitlement) apply to a claim under this regulation.
Repayments
12
1
Where the Secretary of State is satisfied that a claimant is entitled to any repayment under regulation 11, he must —
a
in the case of a repayment to be made —
i
in respect of a NHS charge made by an NHS trust or a Primary Care Trust, for an appliance specified in Schedule 1 to the Charges Regulations (fabric supports and wigs), calculate the amount payable and notify in writing the NHS trust or the Primary Care Trust of the claimant’s entitlement and the amount to be paid,
ii
in respect of NHS travel expenses incurred by a person in attending a hospital or any other place managed by an NHS trust or a Primary Care Trust notify in writing the NHS trust or the Primary Care Trust of the claimant’s entitlement; or
b
in a case falling within regulation 3(1)(b) (travel to a port) notify in writing the health service body which made the arrangements referred to in that provision of the claimant’s entitlement; or
c
in any other case, cause a repayment to be made to the claimant in such manner as appears to the Secretary of State to be appropriate in the circumstances of the particular case.
2
Where an NHS trust, a Primary Care Trust or other health service body receives notification as mentioned in paragraph (1), it must calculate any amount payable in respect of NHS travel expenses in accordance with these Regulations and make any repayment due to a claimant in respect of such travel expenses or NHS charge.
3
A person who is entitled to repayment in respect of NHS travel expenses must sign a declaration of entitlement and provide such evidence of his entitlement and of his travel expenses as the health service body which is making the repayment may require.
4
The Dental Practice Board, constituted under section 37 of the Act, is authorised to carry out any activity of the Secretary of State under paragraph (1)(a) or (c) of this regulation relating to the repayment of charges for dental appliances and dental treatment described in regulation 4(1)(b) or (c), including repayment of any amount due to a claimant.
Reimbursement of payments made in respect of NHS travel expenses
13
Where a provider makes a payment under regulation 10(1) or (2) or a repayment under regulation 12(a) in respect of NHS travel expenses incurred by a person who is receiving services from the provider, the amount of the payment or repayment in question may be reimbursed to the provider by the health service body for which those services are provided.
Payment and repayment of NHS foreign travel expenses
14
1
A person who wishes to claim entitlement to payment or repayment for NHS foreign travel expenses must apply in writing to the health service body which arranged the services referred to in regulation 3(2) within 3 months of the expenses having been incurred or such further period as that body may for good cause allow.
2
Paragraphs (2) and (3) of regulation 11 (claims for repayment) apply to claims (whether for payment or repayment) made under this regulation as if the references to the Secretary of State in those paragraphs were references to the health service body which arranged the services referred to in regulation 3(2).
PART IV
CALCULATION OF RESOURCES AND REQUIREMENTS
General
15
1
Where it is necessary that the resources or requirements of a person should be calculated for the purposes of these Regulations, they must be calculated by the Secretary of State according to the provisions of this Part and Schedule 1.
2
The resources and requirements of a person must be calculated —
a
in the case of a claim made under regulation 7 (claims to entitlement) by reference to his resources and requirements at the date of claim; or
b
in the case of a claim for repayment made under regulation 11(2) (claims for repayment) by reference to his resources and requirements at the date when the NHS charge or NHS travel expenses were paid.
3
Where a claimant is a member of a family, the resources and requirements of the other members of his family must be calculated in the same manner as those of the claimant and must be taken into account as if they were his resources and requirements, and in this Part and in the provisions referred to in Schedule 1, unless the context otherwise requires, any reference to the claimant includes the other members of his family.
4
In a case where the earnings of any person are to be calculated and those earnings have been affected by a trade dispute, the earnings to be taken into account are the earnings which that person would have received if there had been no trade dispute.
5
In the application of the Income Support Regulations as mentioned in regulation 16 and regulation 17, the provisions of those Regulations shall be applied as if —
a
references to income support were to the remission of NHS charges and the payment of any NHS travel expenses,
b
references in any of those provisions to any other of those provisions were to that other provision as modified in accordance with regulation 16(4) or, as the case may be, regulation 17(4); and
c
the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 had not been made.
Calculation of resources
16
1
A claimant’s resources must be calculated in terms of income and capital.
2
Income must be calculated on a weekly basis according to the method of calculating or estimating income prescribed by the provisions of the Income Support Regulations, subject to the modifications referred to in paragraph (4).
3
Capital must be calculated according to the method of calculating or estimating capital as prescribed by the provisions of Chapter VI in Part V of, and Schedule 10 to, the Income Support Regulations, subject to the modifications referred to in paragraph (4).
4
The provisions of the Income Support Regulations apply and those provisions specified in column 1 of Table A in Schedule 1 shall be applied in accordance with the modifications specified in the corresponding entries in column 2.
Calculation of requirements
17
1
A claimant’s requirements must be calculated as being the amount referred to in sub-paragraph (a) less, where applicable, the amount referred to in sub-paragraph (b) below, as follows —
a
the amount which represents the aggregate of —
i
the weekly applicable amount which would apply to him, including that in respect of any other member of his family, in connection with a claim for income support as specified by the Income Support Regulations, but subject to the modifications referred to in paragraph (4), and
ii
subject to paragraph (2), the weekly amount of any council tax which the claimant or his partner is liable to pay under Part I of the Local Government Finance Act 1992 ;
b
the amount which represents the aggregate of the weekly amount of any housing benefit and the weekly amount of any council tax benefit to which the claimant or any member of his family is entitled under the provisions of Part VII of the Social Security Contributions and Benefits Act 1992.
2
Subject to paragraph (3), where a claimant is jointly and severally liable for council tax in respect of a dwelling in which he is resident with one or more other persons, the claimant’s liability in respect of that tax for the purposes of these Regulations shall be the amount of that tax divided by the number of persons who are jointly and severally liable for that tax.
3
Paragraph (2) shall not apply where a claimant is jointly and severally liable for council tax in respect of a dwelling with only his partner.
4
The provisions of the Income Support Regulations apply and those provisions specified in column 1 of Table B in Schedule 1 shall be applied in accordance with the modifications specified in the corresponding entries in column 2.
PART V
CONCLUSION
Transitional Provisions
18
1
Any claim made under the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 which has not been determined before 6th October 2003 must be treated as if it were a claim under these Regulations and determined accordingly.
2
A notice of entitlement to remission of a NHS charge or to payment of travelling expenses which has been issued under the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 remains valid until its expiry in accordance with the provisions of those Regulations.
Repeals
19
The Regulations listed in column 1 of Schedule 2 are repealed to the extent indicated in column 2 .
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
14th September 2003


type: legislation

jurisdiction: UK

text:
Title and commencement
1
These Regulations may be cited as the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) (Amendment) Regulations 2003 and shall come into force on 31st July 2003.
Amendment of the Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002
2
1
The Food (Figs, Hazelnuts and Pistachios from Turkey) (Emergency Control) (England) (No. 2) Regulations 2002 are amended in accordance with paragraphs (2) and (3).
2
The definition of “the Commission Decision” in paragraph (1) of regulation 2 (interpretation) is replaced by the following definition —
“the Commission Decision” means Commission Decision 2002/80/ EC imposing special conditions on the import of figs, hazelnuts and pistachios and certain products derived thereof originating in or consigned from Turkey as amended by Commission Decision 2002/233/EC , Commission Decision 2002/679/EC and Commission Decision 2003/552/EC ;
.
3
The following paragraph is substituted for paragraph (4) of regulation 4 (enforcement) —
4
The requirements are those specified in —
a
Article 1.4 of the Commission Decision (which is concerned with documentary checks relating to consignments of controlled Turkish products);
b
Article 1.5 and 1.6 of that Decision (which provisions are concerned with the sampling and analysis of such consignments), other than the requirement under Article 1.5 to supply the commission with specified information; and
c
Article 1.7 of that Decision (which is concerned with the case where consignments are split).
.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
29th July 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Co-operatives and Community Benefit Societies Act 2003 (Commencement No. 1) Order 2003.
2
In this Order, “ the Act ” means the Co-operatives and Community Benefit Societies Act 2003.
Appointed days and application
2
1
The day appointed for the coming into force of sections 2 and 3 of the Act is 1st April 2004.
2
The day appointed for the coming into force of sections 4 to 6 of the Act is 20th October 2003.
3
Section 4 of the Act (purported contracts, deeds and obligations) shall only apply to contracts or deeds made, and obligations undertaken, on or after 20th October 2003.
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
16th October 2003


text:
Citation and commencement
1
This Order may be cited as the National Health Service Trusts (Dissolutions) Order 2003 and shall come into force on 1st April 2003.
Dissolution of NHS trusts
2
1
Each of the National Health Service Trusts established by the National Health Service Trust Establishment Orders listed in paragraph (2) is dissolved and accordingly their Establishment Orders are revoked.
2
The National Health Service Trust Establishment Orders referred to in paragraph (1) are —
a
The Brighton and Sussex University Hospitals National Health Service Trust (Establishment) and the Mid Sussex National Health Service Trust (Dissolution) Order 2002 ;
b
The New Possibilities National Health Service Trust (Establishment) Order 1993 (the whole Order); and
c
The Wolverhampton Health Care National Health Service Trust (Establishment) Order 1994 (the whole Order).
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
24th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Stockton-on-Tees (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 4, 5, 6, 7 and 8, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of elections in 2005.
3
Articles 4, 5, 6, 7 and 8 shall come into force —
a
for the purposes of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2007, on 15th October 2007;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Stockton-on-Tees;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Stockton-on-Tees (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Stockton-on-Tees Borough Council.
Wards of the borough of Stockton-on-Tees
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-six wards which shall bear the names set out in column (1) of Schedule 1.
3
The wards shall comprise the areas described in column (2) of that Schedule by reference to parishes or, where an area is not so described, the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be the number specified in respect of the ward in column (3) of that Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Grindon
4
The parish of Grindon shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Ingleby Barwick
5
1
The parish of Ingleby Barwick shall be divided into two parish wards which shall bear the names Ingleby Barwick East and Ingleby Barwick West; the parish ward of Ingleby Barwick West shall be coterminous with the borough ward of the same name, and the parish ward of Ingleby Barwick East shall consist of the rest of the parish.
2
The number of councillors to be elected for each parish ward shall be six.
Wards of the parish of Thornaby
6
The parish of Thornaby shall be divided into three parish wards which shall bear the names Mandale and Victoria, Stainsby Hill, and Village; and each parish ward shall comprise the area of the borough ward bearing the same name, and the number of councillors to be elected for the parish ward of Mandale and Victoria shall be seven, and for each of the parish wards of Stainsby Hill and Village shall be three.
Wards of the parish of Wolviston
7
The parish of Wolviston shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors for the parish of Yarm
8
The number of parish councillors to be elected for the parish of Yarm shall be eleven.
Maps
9
Stockton-on-Tees Borough Council shall make a print of the map marked “Map referred to in the Borough of Stockton-on-Tees (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
10
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
11
The Borough of Stockton-on-Tees (Electoral Arrangements) Order 1976 is revoked, save for article 8.
Sealed with the seal of the Electoral Commission on the 29th day of September 2003
Sam Younger
Chairman of the Commission
29th September 2003
Jacqui Dixon
Secretary to the Commission
29th September 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Knowsley (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 5, 6, 7, 8 and 9, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of elections in 2004.
3
Articles 5, 6, 7, 8 and 9 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Halewood, Knowsley, Prescot, Tarbock and Whiston 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 Knowsley;
“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 Knowsley (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Knowsley 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 Knowsley
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in Schedule 1.
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 Knowsley
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 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
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 Halewood
5
1
The existing wards of the parish of Halewood shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Halewood North, Halewood South and Halewood West; the parish wards of Halewood South and Halewood West shall be coterminous with the borough wards of the same name, and the Halewood North parish ward shall consist of the rest of the parish.
3
The number of councillors to be elected for each parish ward shall be four.
Wards of the parish of Knowsley
6
1
The existing wards of the parish of Knowsley shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Prescot
7
1
The existing wards of the parish of Prescot shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Prescot Central, Prescot East, Prescot North West and Prescot South; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Prescot North West parish ward shall be six, for the Prescot South parish ward shall be five, for the Prescot East parish ward shall be four and for the Prescot Central parish ward shall be two.
Wards of the parish of Tarbock
8
The parish of Tarbock shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Whiston
9
1
The existing wards of the parish of Whiston shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Whiston Delph, Whiston Royal Oak, Whiston Tushingham and Whiston Whitestone; and the wards shall comprise the areas designated on sheet 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Whiston Whitestone parish ward shall be six, for each of the Whiston Delph and the Whiston Tushingham parish wards shall be three and for the Whiston Royal Oak parish ward shall be two.
Maps
10
Knowsley Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Knowsley (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
11
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
12
The Borough of Knowsley (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(10).
Sealed with the seal of the Electoral Commission on the 14th day of August 2003
Sam Younger
Chairman of the Commission
14th August 2003
Jacqui Dixon
Secretary to the Commission
14th August 2003


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Care Homes (Adult Placements) (Amendment) Regulations 2003 and shall come into force on 1st August 2003.
2
In these Regulations —
a
“the principal Regulations ” means the Care Homes Regulations 2001 ; and
b
“the Registration Regulations ” means the National Care Standards Commission (Registration) Regulations 2001 .
3
These Regulations apply to England only.
Amendment of regulation 3 of the principal Regulations
2
1
Regulation 3 of the principal Regulations (excepted establishments) is amended in accordance with the following provisions of this regulation.
2
In paragraph (1) —
a
at the end of sub-paragraph (d), the word “or” is omitted;
b
in sub-paragraph (e), for the word “school.” substitute “school; or”; and
c
after sub-paragraph (e) insert —
f
it does not provide accommodation except —
i
for a period or periods which do not exceed 28 days in aggregate during any period of 12 months; and
ii
for not more than 3 persons at any one time who fall within section 3(2) of the Act ;
g
it provides accommodation solely for a person (or persons) who —
i
was placed with a local authority foster parent (“the carer”) under the Children Act 1989 ;
ii
remained in that placement for a period of not less than 5 years immediately prior to his 18th birthday; and
iii
continues to live with the carer after his 18th birthday.
.
Amendment of regulation 45 of the principal Regulations
3
1
Regulation 45 of the principal Regulations (adult placements) is amended in accordance with the following provisions of this regulation.
2
In paragraph (1), for the words “regulation 46” substitute “regulations 46 and 47”.
3
In paragraph (2), after the words “In this regulation” insert “and in regulation 47”.
Amendment of regulation 46 of the principal Regulations
4
Regulation 46 of the principal Regulations (modification of regulations in respect of adult placement carers) is amended as follows —
a
paragraph (8) is omitted; and
b
for paragraph (9) substitute —
9
Schedule 4 (other records to be kept in a care home) shall have effect as if paragraphs 1 to 7, 13 and 14 were omitted.
.
Modification of the principal Regulations
5
After regulation 46 of the principal Regulations (modification of regulations in respect of adult placement carers), insert —
Modification of regulations in respect of adult placement carer providing short term break for service user
47
1
The following provisions of this regulation shall apply where an adult placement carer in respect of a care home is providing a short term break for a service user.
2
Regulation 13 (further requirements as to health and welfare) shall have effect as if —
a
in paragraph (1), at the beginning, the words “Subject to paragraph (1A),” were inserted; and
b
after paragraph (1), the following paragraph was inserted —
1A
Where the registered provider is an adult placement carer in respect of a care home providing a short term break for a service user the registered provider shall ensure that satisfactory arrangements are made to meet the service user’s medical needs.
.
3
Regulation 16(2)(d) (facilities and services) shall not apply in relation to a service user who is being provided with a short term break by an adult placement carer in respect of a care home.
4
Where the adult placement carer in respect of a care home provides only short term breaks for each of the service users, regulation 38 (notice of absence) shall not apply at any time when the care home is not providing accommodation for any service user.
5
For the purposes of this regulation an adult placement carer in respect of a care home provides a short term break for a service user where —
a
the service user does not ordinarily reside with the adult placement carer; and
b
the placement agreement in respect of that service user is for a period no longer than 6 months in any 12 month period.
.
Amendment of the Registration Regulations
6
1
The Registration Regulations shall be amended in accordance with the following provisions of this regulation.
2
In regulation 3 (information and documents to be provided by an applicant) —
a
in paragraph (2), at the beginning, insert “Subject to paragraph (2A),”;
b
after paragraph (2), insert —
2A
Where a person is seeking to be registered as the registered provider in respect of a care home and, if registered, would be an adult placement carer in respect of that care home, he shall not be required to provide to the Commission the information and documents listed in paragraph 4 of Schedule 1.
.
3
In paragraph 4 of Schedule 1, for the words “In every case” substitute “In all cases (unless otherwise provided in these Regulations)”.
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
16th July 2003


text:
Citation and commencement
1
This Order may be cited as the Anglian Water Parks Byelaws (Extension) Order 2003, and shall come into force on 1st April 2003.
Extension of byelaws
2
The Anglian Water Services Ltd Water Parks Byelaws 1993, made on the 20th April 1993, shall continue to have effect until 20th April 2004.
Signed on behalf of the Secretary of State
John Roberts
A Senior Civil Servant,
Department for Environment, Food and Rural Affairs
12th March 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Communications Act 2003 (Commencement No. 1) Order 2003.
2
In this Order —
“ the Act ” means the Communications Act 2003;
“the transitionally commenced provisions” means —
the provisions of the Act brought into force by article 2(1) of this Order, other than those contained in sections 264 and 360 to 362, Schedule 15 and paragraph 30 of Schedule 18;
the provisions of the Act brought into force by article 2(2) of this Order contained in —
section 152 and 167,
paragraphs 18, 149 and 150 of Schedule 17,
paragraph 21 of Schedule 18, and
Schedule 19; and
“the transitional period” means the period provided for by section 408(6) of the Act.
Commencement
2
1
The provisions of the Act set out in Schedule 1 hereto shall, subject to the exceptions set out therein, come into force on 25th July 2003.
2
The provisions of the Act set out in Schedule 2 hereto shall come into force on 18th September 2003.
Transitional provisions: the transitionally commenced provisions
3
1
The transitionally commenced provisions are brought into force by this Order on 25th July 2003 or (as the case may be) 18th September 2003 for the purpose only of enabling the networks and services functions and the spectrum functions under those provisions to be carried out during the transitional period by the Director General of Telecommunications and the Secretary of State respectively.
2
Until the first coming into force of regulations made by the Secretary of State under section 109 of the Act —
a
the references to restrictions or conditions under that section in sections 110(1), 113(4)(b) and 117(5) of the Act shall, in the case of a person who (by virtue of paragraph 17(2) of Schedule 18 to the Act) is treated as a person in whose case the electronic communications code applies by virtue of a direction given by OFCOM , be treated as references to the exceptions and conditions to which the application of the telecommunications code set out in Schedule 2 to the Telecommunications Act 1984 to that person was subject by virtue of the provisions of his licence under section 7 of that Act of 1984, and
b
in the application of subparagraph (a) in the case of any particular person, any reference in the exceptions and conditions in question to the revocation or expiration without renewal of that person’s licence shall be treated as references to that person’s becoming subject to a direction by virtue of which he is prohibited from providing the whole or part of his network.
Transitional provisions: section 264 of the Act
4
1
This article shall have effect for the interpretation of section 264 of the Act.
2
In relation to times before the coming into force of section 207 of the Act, the reference to the television programme services that are public services of the Welsh Authority shall be taken to be a reference to S4C and S4C Digital.
3
In relation to times before the coming into force of section 266 of the Act, references to statements of programme policy shall be taken to include references to any statement made by the provider of a licensed public service channel for the purposes of his application for a licence under Part 1 of the 1990 Act for the channel or for any other purpose connected with the performance of his obligations under that licence.
4
In relation to times before the coming into force of section 268 of the Act, references to statements of service policy shall be taken to include references to any statement made by the public teletext provider for the purposes of his application for a licence under Part 1 of the 1990 Act for the public teletext service or for any other purpose connected with the performance of his obligations under that licence.
Transitional provisions: section 348 of, and Part 4 of Schedule 14 to, the Act
5
1
In relation to times before the coming into force of section 350(2) of the Act, sections 5 and 88 of the 1990 Act and sections 5 and 44 of the 1996 Act (restrictions on holding licences) shall have effect as if, in paragraph (b) of subsection (1) of each of those sections, the reference to any requirements imposed by or under Parts 3 to 5 of Schedule 2 to the 1990 Act included a reference to any requirements imposed by or under Part 4 of Schedule 14 to the Act.
2
In relation to times before the coming into force of the relevant amending provision, each of sections 5(7)(c) and 88(7)(c) of the 1990 Act and sections 5(8)(c) and 44(8)(c) of the 1996 Act shall have effect as if the reference to any requirement imposed by or under Schedule 2 to the 1990 Act included a reference to any requirement imposed by or under Part 4 of Schedule 14 to the Act.
3
In paragraph (2) above, in relation to each provision of the 1990 or 1996 Act mentioned there, “the relevant amending provision” means the following provision of Schedule 15 to the Act, that is to say —
a
in the case of section 5(7)(c) of the 1990 Act, paragraph 3(7);
b
in the case of section 88(7)(c) of that Act, paragraph 35(7);
c
in the case of section 5(8)(c) of the 1996 Act, paragraph 78(6);
d
in the case of section 44(8)(c) of that Act, paragraph 104(6).
Transitional provisions: section 362(1) of the Act
6
1
This article shall have effect for the interpretation of section 362(1) of the Act.
2
In relation to times before the coming into force of section 241(1) of the Act, “television multiplex service” means a multiplex service within the meaning of Part 1 of the 1996 Act.
3
In relation to times before the coming into force of section 258(1) of the Act, “radio multiplex service” shall have the same meaning as it has in Part 2 of the 1996 Act.
4
In relation to times before the grant of the first licence under section 219 of the Act —
a
“the public teletext provider” means the person who holds the additional services licence (within the meaning of Part 1 of the 1990 Act) which relates to the teletext service referred to in subsection (2) of section 49 of the 1990 Act;
b
“the public teletext service” means the teletext service referred to in that subsection and the qualifying teletext service within the meaning of Part 1 of the 1996 Act; and
c
“the digital public teletext service” means the qualifying teletext service within the meaning of Part 1 of the 1996 Act.
Stephen Timms
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
17th July 2003


text:
Citation and commencement
1
This Order may be cited as the Immigration Control (Provision of Facilities at Ports) Order 2003 and shall come into force on 1st April 2003.
Interpretation
2
In this Order —
“immigration control” means the exercise of any functions of the Secretary of State and of immigration officers under the Immigration Acts, within the meaning of section 158 of the Nationality, Immigration and Asylum Act 2002 ;
“immigration control front” means a line or area of desks or facilities which marks the place within an area designated under paragraph 26(3) of Schedule 2 to the Immigration Act 1971 where immigration control is undertaken; and
“utilities” means the provision of services such as lighting, heating, ventilation and water supply.
Meaning of “facilities”
3
1
For the purposes of section 25(7) of the Immigration and Asylum Act 1999, “facilities” means the accommodation specified in paragraph (2) and the services specified in paragraph (3).
2
The accommodation is:
a
an immigration control front or fronts;
b
a room or rooms at the immigration control front —
i
for the purpose of enabling immigration officers to view passengers as they pass through that front;
ii
for other purposes connected with the exercise of immigration control at that front;
c
a room or rooms for the purpose of interviewing passengers;
d
a room or rooms for the purposes of —
i
photography, fingerprinting and other methods of establishing and confirming identity;
ii
checking the authenticity of documents; and
iii
accommodating information technology server equipment;
e
a room or rooms for the purpose of detaining persons who are liable to detention under the Immigration Act 1971; and
f
a waiting area or areas for persons whom an immigration officer has interviewed, or may wish to interview, in connection with passengers seeking leave to enter the United Kingdom.
3
The services are utilities and cleaning services for the accommodation mentioned in paragraph (2).
Beverley Hughes
Minister of State
Home Office
10th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Sefton (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 5, 6, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of elections in 2004.
3
Articles 5, 6, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Maghull, Sefton, Aintree and Lydiate 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 Sefton;
“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 Sefton (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Sefton 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 Sefton
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in column (1) of 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 Sefton
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 elections in 2004 shall retire on that day and the newly elected councillors for those wards shall come into office on that day.
3
Of the councillors elected in 2004, one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
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 Maghull
5
1
The existing wards of the parish of Maghull shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Maghull East, Maghull North, Maghull South and Maghull West; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the parish wards of Maghull East and Maghull North shall be five, for the parish ward of Maghull West shall be four and for the parish ward of Maghull South shall be two.
Wards of the parish of Sefton
6
1
The parish of Sefton shall be divided into two parish wards which shall bear the names Sefton North and Sefton South, and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
2
The number of councillors to be elected for the parish ward of Sefton South shall be four, and for the parish ward of Sefton North shall be three.
Numbers of parish councillors of the parish of Aintree
7
The number of parish councillors to be elected for the parish ward of Aintree South shall be seven, and for the parish ward of Aintree North shall be five.
Numbers of parish councillors of the parish of Lydiate
8
The number of parish councillors to be elected for the parish ward of Lydiate West shall be four, for the parish ward of Lydiate South shall be three, and for the parish ward of Lydiate North shall be two.
Maps
9
Sefton Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Sefton (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
10
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
11
The Borough of Sefton (Electoral Changes) Order 1999 is revoked, save for articles 3(1) and 3(9).
Sealed with the seal of the Electoral Commission on the 31st day of July 2003
Sam Younger
Chairman of the Commission
31st July 2003
Jacqui Dixon
Secretary to the Commission
31st July 2003


text:
Citation, commencement
1
This Order may be cited as the Crime Prevention (Designated Areas) Order 2003 and shall come into force on 22nd September 2003.
Interpretation
2
In this Order, “the maps” means the maps numbered 1 to 52 and each entitled “Map referred to in the Crime Prevention (Designated Areas) Order 2003”, of which prints signed on behalf of the Secretary of State for Environment, Food and Rural Affairs are deposited and available for inspection at the offices of —
a
the Department for Environment, Food and Rural Affairs; and
b
in the case of any one such map, the highway authority for the area hatched and edged red on that map.
Designated areas
3
The areas hatched and edged red on the maps are hereby designated for the purposes of section 118B of the Highways Act 1980.
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
27th August 2003


text:
This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 2003 and shall come into force on 1st April 2003.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as The A19 Trunk Road (North Yorkshire/City of York Boundary to A19/A168 Roundabout) (Detrunking) Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/357, marked “The A19 Trunk Road (North Yorkshire/City of York Boundary to A19/A168 Roundabout) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the East of Snaith to Sunderland Trunk Road (A19).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Phil Stanton
A Divisional Director, Highways Agency
21st May 2003


text:
PART I
GENERAL
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authority Adoption Service Regulations 2003 and shall come into force on 30th April 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“adoption service” means the discharge by a local authority of relevant adoption functions within the meaning of section 43(3)(a) of the Care Standards Act 2000 and, in relation to a local authority, means the discharge by that authority of those functions;
“children’s guide” means the written guide produced in accordance with regulation 3(1);
“guardian” has the meaning given to it in section 5 of the Children Act 1989 ;
“manager” shall be construed in accordance with regulation 5;
“statement of purpose” means the written statement compiled in accordance with regulation 2(1).
4
In these Regulations, references to employing a person include employing a person whether or not for payment, and whether under a contract of service or a contract for services, and allowing a person to work as a volunteer, and references to an employee or to a person being employed shall be construed accordingly.
Statement of purpose
2
1
Each local authority shall compile in relation to the adoption service a written statement (in these Regulations referred to as “the statement of purpose”) which shall consist of a statement as to the matters listed in Schedule 1.
2
The authority shall —
a
provide a copy of the statement of purpose to the Commission ; and
b
make a copy of it available, upon request, for inspection by —
i
any person working for the purposes of the adoption service;
ii
children who may be adopted, their parents and guardians;
iii
persons wishing to adopt a child; and
iv
adopted persons, their parents, natural parents and former guardians.
3
Subject to paragraph (4), the authority shall ensure that the adoption service is at all times conducted in a manner which is consistent with its statement of purpose.
4
Nothing in paragraph (3) shall require or authorise the authority to contravene, or not comply with any other provision of these Regulations.
Children’s guide
3
1
Each local authority shall produce a written guide to the adoption service (in these Regulations referred to as “the children’s guide”) which shall consist of a statement as to the matters listed in Schedule 2.
2
The authority shall provide a copy of the children’s guide to —
a
the Commission;
b
every prospective adopter with whom the authority has placed a child for adoption; and
c
every child (subject to his age and understanding), who may be, or has been placed for adoption by the authority.
Review of statement of purpose and children’s guide
4
Each local authority shall —
a
keep under review and, where appropriate, revise the statement of purpose and children’s guide; and
b
notify the Commission of any such revision within 28 days.
PART II
MANAGERS
Appointment of manager
5
1
Each local authority shall appoint one of its officers to manage the adoption service, and shall forthwith notify the Commission of —
a
the name of any person appointed in accordance with this regulation; and
b
the date on which the appointment is to take effect.
2
The authority shall forthwith notify the Commission if the person appointed under paragraph (1) ceases to manage the adoption service.
Fitness of manager
6
1
A person shall not manage an adoption service unless he is fit to do so.
2
A person is not fit to manage an adoption service unless —
a
he is of integrity and good character;
b
having regard to the size of the local authority and its statement of purpose —
i
he has the qualifications, skills and experience necessary for managing the adoption service; and
ii
he is physically and mentally fit to manage an adoption service; and
c
full and satisfactory information is available in relation to him in respect of each of the matters listed in Schedule 3.
General requirements
7
1
The manager shall, having regard to —
a
the size of the local authority and its statement of purpose; and
b
the need to safeguard and promote the welfare of children who may be, or have been, placed for adoption by the authority,
manage the adoption service with sufficient care, competence and skill.
2
The manager shall undertake from time to time such training as is appropriate to ensure that he has the experience and skills necessary to manage the adoption service.
Notification of offences
8
Where the manager is convicted of any criminal offence, whether in England and Wales or elsewhere, he shall forthwith give notice in writing to the Commission of —
a
the date and place of the conviction;
b
the offence of which he was convicted; and
c
the penalty imposed on him in respect of the offence.
PART III
CONDUCT OF LOCAL AUTHORITY ADOPTION SERVICE
Arrangements for the protection of children
9
1
Each local authority shall prepare and implement a written policy which —
a
is intended to safeguard from abuse or neglect children placed for adoption by the authority; and
b
sets out the procedure to be followed in the event of any allegation of abuse or neglect.
2
The procedure under paragraph (1)(b) shall provide in particular for —
a
where the child is placed with prospective adopters in the area of another local authority, the prompt referral to that authority of any allegation of abuse or neglect;
b
written records to be kept of any allegation of abuse or neglect and the action taken in response;
c
consideration to be given to the measures that may be necessary to protect children placed with prospective adopters following an allegation of abuse or neglect;
d
arrangements to be made for persons working for the adoption service, prospective adopters and children who have been placed for adoption by the authority, to have access to information that would enable them to contact the Commission, regarding any concern about child welfare and safety.
Staffing of agency
10
Each local authority shall ensure that there is, having regard to —
a
the size of the authority and its statement of purpose; and
b
the need to safeguard and promote the welfare of children who may be, or have been, placed for adoption by the authority,
a sufficient number of suitably qualified, competent, and experienced persons working for the purposes of the adoption service.
Fitness of workers
11
1
A local authority shall not —
a
employ a person to work for the purposes of the adoption service unless that person is fit to work for the purposes of an adoption service; or
b
allow a person to whom paragraph (2) applies, to work for the purposes of the adoption service unless that person is fit to work for the purposes of an adoption service.
2
This paragraph applies to any person who is employed by a person other than the authority, in a position in which he may in the course of his duties have regular contact with children who may be, or have been, placed for adoption by the authority.
3
For the purposes of paragraph (1), a person is not fit to work for the purposes of an adoption service unless —
a
he is of integrity and good character;
b
he has the qualifications, skills and experience necessary for the work he is to perform;
c
he is physically and mentally fit for the work he is to perform; and
d
full and satisfactory information is available in relation to him in respect of each of the matters specified in Schedule 3.
4
The authority shall take reasonable steps to ensure that any person working for the adoption service who is not employed by the authority and to whom paragraph (2) does not apply is appropriately supervised while carrying out his duties.
Employment of staff
12
1
Each local authority shall —
a
ensure that all permanent appointments made by the authority for the purposes of the adoption service are subject to the satisfactory completion of a period of probation; and
b
provide all employees employed by the authority for the purposes of the adoption service with a job description outlining their responsibilities.
2
The authority shall ensure that all persons employed by the authority for the purposes of the adoption service —
a
receive appropriate training, supervision and appraisal; and
b
are enabled from time to time to obtain further qualifications appropriate to the work they perform.
Staff disciplinary procedure
13
1
Each local authority shall operate a disciplinary procedure which, in particular —
a
provides for the suspension of an employee where necessary in the interests of the safety or welfare of children who may be, or have been, placed for adoption by the authority;
b
provides that the failure on the part of an employee to report, to an appropriate person, an incident of abuse, or suspected abuse of a child placed for adoption by the authority is a ground on which disciplinary proceedings may be instituted.
2
For the purposes of paragraph 1(b), an appropriate person is —
a
the manager of the adoption service;
b
an officer of the Commission;
c
a police officer;
d
an officer of the National Society for the Prevention of Cruelty to Children; or
e
where the child is placed for adoption in the area of another local authority, an officer of that authority.
Arrangements for absence of manager
14
Each local authority shall establish a system to ensure that where the manager proposes to be or is absent from the authority for a continuous period of 28 days or more, an identified person is responsible for the management of the adoption service until such time as the manager returns or (as the case may be) a new manager is appointed by the authority.
Records with respect to staff
15
1
Each local authority shall maintain and keep up to date the records specified in Schedule 4.
2
The records referred to in paragraph (1) shall be retained for at least 15 years from the date of the last entry.
Fitness of premises
16
1
The local authority shall not use premises for the purposes of the adoption service unless the premises are suitable for the purpose of achieving the aims and objectives set out in the statement of purpose.
2
The authority shall ensure —
a
that there are adequate security arrangements at the premises, in particular that there are secure facilities for the storage of records; and
b
that any records which are, for any reason, not on the authority’s premises are nevertheless kept in conditions of appropriate security.
Complaints
17
Each local authority shall —
a
ensure that a written record is made of any complaint, including details of the investigation made, the outcome and any action taken in consequence, and for that record to be retained for at least 3 years from the date that it is made; and
b
supply to the Commission at its request a statement containing a summary of any complaints made in respect of the adoption service during the preceding 12 months and any action taken in consequence.
Signed by the authority of the Secretary of State for Health
Jaqui Smith
Minister of State,
Department of Health