text:
Citation, commencement and extent
1
1
This Order may be cited as the Burma (Restrictive Measures) (Overseas Territories) (Amendment) Order 2004 and shall come into force on 11th January 2005.
2
In this Order, “the principal Order ” means the Burma (Restrictive Measures) (Overseas Territories) Order 2004 .
3
This Order shall extend to the territories listed in Schedule 1 to the principal Order.
Amendments to principal Order
2
1
Article 1(2) of the principal Order is amended by replacing “Articles 3, 4, 5, 7, 8 and 9” in the first line with “Articles 3, 4, 5, 7, 8, 8a and 9”.
2
Article 2(1) of the principal Order is amended by:
a
inserting, in the appropriate place in alphabetical order, the following definitions:
“the European Community” means the customs territory of the European Community as defined in article 3(3) of Council Regulation ( EEC ) No 2913/92 of 12th November 1992 ;
“Gazette” means the official gazette of a Territory or any other form in which official information is normally made available in that Territory;
“listed Burmese state-owned enterprise” means any enterprise as is listed in Annex IV (as modified from time to time) to “the Regulation”;
“the Regulation” means Council Regulation ( EC ) No. 798/2004 of 26 April 2004 concerning certain restrictive measures in respect of Burma, as amended from time to time.
3
Article 2(4) of the principal Order is amended by inserting after the words “For the purposes of identifying”, the words “a “listed Burmese state-owned enterprise” or” and by inserting after the words “the names and other particulars of such”, the words “listed Burmese state-owned enterprises and”.
4
After article 2(4) of the principal Order, this following new subsection is inserted:
5
Except where this Order provides otherwise, expressions used in the Regulation which are also used in this Order have the same meaning in this Order as they have in the Regulation.
.
5
After article 2 of the principal Order, the following new article is inserted:
European Community matters
2a
The Governor shall make available to persons in the Territory, in such manner as he may think fit the text of the Regulation, together with the text of any amending Council Regulations, whether those Regulations were made before or after the coming into force of this Order.
.
6
The heading above article 7 of the principal Order is amended by replacing “OR ECONOMIC RESOURCES” with “, ECONOMIC RESOURCES OR INVESTMENT”.
7
After article 8 of the principal Order, the following new article is inserted:
Prohibition on investment in Burmese state-owned enterprises
8a
1
Subject to the provisions of this Order, Article 8a of the Regulation shall have effect in the Territory, as if the Territory were a Member State of the European Community and the Regulation were a law of the Territory, so as to prohibit:
a
the granting of any financial loan or credit to the listed Burmese state-owned enterprises, or the acquisition of bonds, certificates of deposit, warrants or debentures issued by those enterprises; and
b
the acquisition or extension of a participation in the listed Burmese state-owned enterprises, including the acquisition in full of such enterprises and the acquisition of shares and securities of a participating nature.
2
Any person who commits a breach of any prohibition in paragraph (1) is guilty of an offence.
3
Paragraph (1) shall be without prejudice to the execution of trade contracts for the supply of goods or services on usual commercial payment conditions and the usual supplementary agreements in connection with the execution of these contracts such as export credit insurances, as provided by Article 8a(3) of the Regulation.
4
The provisions of paragraph 1(a) shall be without prejudice to the execution of an obligation arising from contracts or agreements concluded before 25 October 2004, as provided by Article 8a(4) of the Regulation.
5
The prohibition in paragraph 1(b) shall not prevent the extension of a participation in a listed Burmese state-owned enterprise, if such extension is compulsory under an agreement concluded with the listed Burmese state-owned enterprise concerned before 25 October 2004, provided that the Governor, the United Kingdom Treasury and the European Commission shall be informed prior to any such transaction.
.
8
The heading above article 9 of the principal Order is amended by replacing “article 7 or 8(9)” with “article 7, 8a or 8(9)”.
9
Article 9 of the principal Order is amended by replacing “article 7 or 8(9)” with “article 7, 8a(2) or 8(9)”.
10
The first line of article 10 of the principal Order is amended by inserting “an” immediately before “offence”.
11
Article 10(1)(a)(i) of the principal Order is amended by inserting “or a listed Burmese state-owned enterprise” immediately after “listed person”.
12
Article 10(1)(a)(ii) of the principal Order is amended by replacing “article 7, 8(9) or 12(2)” with “article 7, 8a(2), 8(9) or 12(2)”.
13
Article 10(2)(a) of the principal Order is amended by inserting in the first line the words “or a listed Burmese state-owned enterprise” after “a listed person” and by replacing “article 7, 8(9) or 12(2)” with “article 7, 8a(2), 8(9) or 12(2)”.
14
Article 19(1) of the principal Order is amended by inserting “8a(2),” after “7,”.
15
Sub-paragraph 1(1) of Schedule 2 to the principal Order is amended by inserting “8a(2),” after “7,” in the second line.
16
The paragraphs in Schedule 3 to the principal Order are renumbered so as to commence at the number “1” rather than “10”.
17
The paragraphs in Schedule 4 to the principal Order are renumbered so as to commence at the number “1” rather than “42”.
18
Sub-paragraph 1(3) (as so renumbered) of Schedule 4 to the principal Order is replaced with the following:
3
Where a person is convicted of an offence under paragraph 5 of this Schedule of failing to furnish or produce a document when requested so to do, the court may make an order requiring him, within such period as may be specified in the order, to furnish the information or provide the document.
.
19
Paragraph 4 (as so renumbered) of Schedule 4 to the principal Order is amended by replacing the words “any copy of an extract” in the second line with the words “any copy or extract”.
A.K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) Regulations 2004 and shall come into force on 8th December 2004.
Amendment of the Motor Cars (Driving Instruction) Regulations 1989
2
1
The Motor Cars (Driving Instruction) Regulations 1989 (“principal Regulations”) are amended as follows.
2
In the Table in regulation 13, in column (3), for “£62”, in each place where it occurs, substitute “£70”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
1st November 2004


text:
Citation and commencement
1
This Order may be cited as the Health Professions (Parts of and Entries in the Register) (Amendment) Order of Council 2004 and shall come into force on 18th October 2004.
Parts of the register and designated title
2
In Schedule 1 to the Health Professions (Parts of and Entries in the Register) Order of Council 2003 (parts of the register) —
a
in column 1 (parts of the register), after the entry “Part 12 — Speech and Language Therapists” add —
Part 13 — Operating Department Practitioners; and
b
in column 2 (designated title), opposite “Part 13 — Operating Department Practitioners” in column 1, add “Operating Department Practitioner”.
A.K. Galloway
Clerk of the Privy Council


text:
1
1
This Order may be cited as the Exclusion Order (Monitoring of Offenders) Order 2004 and shall come into force on 2 nd September 2004.
2
In this Order “police area” has the meaning given by section 1 of the Police Act 1996 .
2
The description of the person responsible for monitoring the whereabouts of an offender subject to an exclusion order for the purposes of section 40A(6) of the Powers of Criminal Courts (Sentencing) Act 2000 —
a
in relation to such an order imposed on an offender residing in the police areas of —
i
Bedfordshire, Cambridgeshire, Derbyshire, Dyfed Powys, Essex, Gwent, Hertfordshire, Leicestershire, Lincolnshire, Norfolk, Northamptonshire, North Wales, Nottinghamshire, South Wales, Staffordshire, Suffolk, Warwickshire, West Mercia, West Midlands; or
ii
the City of London police area, or metropolitan police district,
is hereby specified as one employed to monitor offenders by Premier Monitoring Services Limited, Berkshire Court, Western Road, Bracknell, Berkshire, RG12 1RE;
b
in relation to such an order imposed on an offender residing in the police areas of Cheshire, Cleveland, Cumbria, Durham, Greater Manchester, Humberside, Lancashire, Merseyside, Northumbria, North Yorkshire, South Yorkshire, or West Yorkshire is hereby specified as one employed to monitor offenders by Securicor Justice Services Limited, Sutton Park, 15 Carshalton Road, Sutton, Surrey SML 4LD; and
c
in relation to such an order imposed on an offender residing in the police areas of Avon and Somerset, Devon and Cornwall, Dorset, Gloucestershire, Hampshire, Kent, Surrey, Sussex, Thames Valley, or Wiltshire is hereby specified as one employed to monitor offenders by Reliance Secure Task Management Limited, Boundary House, Cricketfield Road, Uxbridge, Middlesex UB8 1QG.
Fiona Mactaggart
Parliamentary Under Secretary of State
Home Office
23rd August 2004


text:
Title and commencement
1
This Scheme may be cited as the Fishing Boats (Satellite-Tracking Devices) (England) Scheme 2004 and shall come into force on the day after the day it is laid before Parliament.
Interpretation
2
1
In this Scheme —
“application” means an application under this Scheme and “applicant” shall be construed accordingly;
“approval” means an approval of an application;
“authorised officer” means any officer authorised in writing by the Secretary of State for the purposes of this Scheme;
“the Defra provider” means the provider and installer of satellite-tracking devices selected by the Secretary of State for the purposes of the Regulation;
“English fishing boat” means a fishing boat which —
is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 ,
or —
is owned wholly or partly by persons qualified to own British ships for the purposes of that Part of that Act, but
is not a boat which counts as a British ship for the purposes of that Act solely as a result of the application of section 1(1)(c) of that Act to it by virtue of registration under the law of any of the Channel Islands or of the Isle of Man;
and has its port of administration in England at the date of application;
“port of administration” means the port from which the licence granted in respect of a fishing boat under section 4 of the Sea Fish (Conservation) Act 1967 is issued;
“the Regulation” means Commission Regulation ( EC ) No. 2244/2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems ;
“relevant person”, in relation to a fishing boat, means its owner, charterer (if any), or master or the representative of any of them;
“satellite-tracking device” has the same meaning as in the Regulation.
2
Any obligation of the Secretary of State to publish material under this Scheme means an obligation to make it available in a manner in which she considers that the material is reasonably likely to be seen by those to whom this Scheme may apply, and publication in anticipation of this Scheme shall be treated for the purposes of this Scheme as having been carried out under it.
Eligibility
3
1
Any person who is a relevant person in relation to an English fishing boat to which the Regulation applies may make an application for a grant to the Secretary of State if he —
a
chooses to have a satellite-tracking device provided and installed by the Defra provider under an agreement to which he and the Defra provider are both parties;
b
undertakes not to contravene the agreement, and
c
undertakes to comply with any other conditions published by the Secretary of State relating to this Scheme.
2
The Secretary of State shall publish a notice specifying the approved Defra provider.
Applications
4
1
The Secretary of State may from time to time publish an invitation for applications.
2
An application must be lodged with the Secretary of State as specified in the invitation on or before the closing date in order to be considered for approval except where the Secretary of State is satisfied that —
a
the particular circumstances of the applicant render it unreasonable to expect his application to be lodged by the closing date, and
b
the date by which the application is lodged is as early as, in those circumstances, can reasonably be expected.
3
In this Scheme “the closing date” means such date as the Secretary of State may from time to time publish as the date on or before which applications must be lodged.
4
The Secretary of State shall reject any application relating to a fishing boat if she considers that the port of administration for the fishing boat has been changed for the primary purpose of eligibility to make an application.
5
Following approval by the Secretary of State she shall make a grant which is equal to the price, as agreed between her and the Defra provider, of —
a
the satellite-tracking device;
b
the installation costs of the satellite-tracking device, and
c
a three year warranty for the installed satellite-tracking device,
which shall be payable in accordance with the following provisions of this Scheme.
Installation of satellite-tracking devices
5
1
Each successful applicant shall be notified by the Secretary of State in writing of the approval relating to his fishing boat, any conditions with which he must comply and the place at which, and the period within which, he must present his fishing boat to be fitted with the satellite-tracking device by the Defra provider.
2
Subject to sub-paragraph (3), the approval of the Secretary of State shall terminate for the fishing boat in question if the successful applicant fails to present the boat at the place notified, and during the period notified, to him by the Secretary of State.
3
If the successful applicant notifies the Secretary of State within a reasonable time of reasons for that failure (or, as the case may be, for anticipating that failure) the Secretary of State may grant him an alternative period, place or both within which to have the satellite-tracking device fitted and as a consequence the approval shall operate on the basis of that grant.
Payments under the Scheme
6
1
Once the installation of the satellite-tracking device has been completed and the Defra provider has informed the Secretary of State of this, the Secretary of State shall, subject to sub-paragraph (2), pay the amount of the price agreed under paragraph 4(5) to the Defra provider.
2
No payment shall be made unless the Secretary of State is satisfied that the satellite-tracking device has been provided and the installation undertaken in accordance with procedures agreed by her with the Defra provider.
Assistance to authorised officers
7
Any applicant or any employee or agent of any applicant shall give to an authorised officer such assistance as the officer may reasonably request to exercise the power conferred on the officer by paragraph 8.
Powers of authorised officers
8
1
An authorised officer at all reasonable hours and on producing, if required to do so, some duly authenticated document showing the authority of the officer, may exercise the powers specified in this paragraph for the purpose of ascertaining whether and to what extent —
a
a person is entitled to make an application under paragraph 3;
b
conditions under paragraph 3(1)(d) and 5(1) have been complied with;
c
an offence under section 17 of the Fisheries Act 1981 has been, or is being, committed, and
d
the satellite-tracking device is functioning.
2
Subject to sub-paragraph (3) an authorised officer may enter upon any relevant premises.
3
The power conferred by sub-paragraph (2) may be exercised in relation to premises used as a dwelling house only where reasonable notice of the intended exercise of the power has been given to all residents of that dwelling house.
4
Any authorised officer who has entered any premises in accordance with sub-paragraph (2) may inspect those premises, any documents on those premises which are, or which such officer has reasonable cause to believe are, relevant documents.
5
An authorised officer entering premises by virtue of this paragraph may be accompanied by such other person as the officer considers necessary and sub-paragraphs (2), (4), (6) and (7) shall apply in relation to such other person when acting under the instructions of the officer as if he were an authorised officer.
6
An authorised officer may —
a
require any person who is an applicant or is an employee or agent of an applicant to produce any relevant documents and to supply such additional information in possession of the person or under his control relating to the application as the officer may reasonably request;
b
inspect any such documents and, where such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and associated apparatus or material which has been used in connection with those documents;
c
require that copies of, or extracts from, any relevant documents be produced, and
d
inspect and remove for the purposes of further inspection any equipment on the fishing boat in respect of which an application has been made, including the satellite-tracking device.
7
An authorised officer shall not be liable to civil or criminal proceedings for anything done in purported exercise of the powers conferred on the officer by this Scheme if the court hearing such proceedings is satisfied that —
a
the act was done in good faith;
b
that there were reasonable grounds for doing it, and
c
that it was done with reasonable skill and care.
8
In this paragraph —
“premises” includes any fishing boat or other vehicle; and
“relevant documents” means any documents relating to the fishing boat in respect of which an application has been made, and
“relevant premises” means the fishing boat in respect of which an application has been made and any premises in which the relevant documents are retained or in which an authorised officer has reasonable grounds to believe such documents may be retained.
Revocation of approval
9
1
If at any time after the Secretary of State has approved an application in respect of any fishing boat it appears to her that —
a
any of the undertakings relating to the fishing boat given pursuant to paragraph 3 have not been complied with;
b
a relevant person, in relation to the fishing boat —
i
has furnished information or produced a document in purported compliance with any provision of this Scheme which he knows to be false in a material particular, or
ii
has recklessly made a statement which is false in a material particular;
c
the relevant person or his employee or agent has failed to comply with paragraph 7;
she may revoke the approval or withhold any part of the payment in respect of the application.
2
Where approval is revoked under sub-paragraph (1) after any payment relating to the fishing boat to the Defra provider has been made, the Secretary of State may recover on demand from the applicant an amount equal to the whole or any part of any such payment.
Interest
10
1
Where the Secretary of State decides to recover on demand an amount in accordance with paragraph 9(2), she may also recover interest on that amount on a daily basis at the rate of 1% above the LIBOR for the period beginning with the day following that on which the amount was paid and ending on the day on which the she recovers it.
2
In this paragraph “LIBOR”, in relation to any day, means the sterling three month London interbank offered rate in force for that day rounded if necessary to two decimal places.
3
In any proceedings for recovery under this Scheme, a certificate issued by the Secretary of State stating the LIBOR applicable for any day is conclusive evidence of the LIBOR in question if the certificate also states that the Bank of England notified her of the LIBOR in question.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th September 2004
We approve,
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th September 2004


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Stabilisation and Association Agreement between the European Communities and their Member States, and the Republic of Croatia) Order 2004. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement and application
1
1
These Regulations may be cited as the Pollution Prevention and Control (England and Wales) (Amendment) and Connected Provisions Regulations 2004 and shall come into force on 1st January 2005.
2
Regulation 3 applies to England only.
Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000
2
1
The Pollution Prevention and Control (England and Wales) Regulations 2000 shall be amended as follows.
2
In regulation 2 (Interpretation: general), delete the definitions of “organic compound” and “volatile organic compound” or “ VOC ”.
3
Part 1 of Schedule 1 (Activities), shall be amended as follows —
a
in Part B of Section 1.1 (Combustion Activities) —
i
in paragraph (a), before the word “rated” insert the word “net” and after the words “but less than” insert the words “a rated thermal input of”;
ii
in paragraph (c) —
aa
in sub-paragraph (i), after the words “but at least”, insert the words “a net rated thermal input of”;
bb
in sub-paragraph (ii), after the words “where the aggregate” insert the words “net”;
b
in Section 1.2 (Gasification, Liquefaction and Refining Activities) —
i
in Part A(1), after paragraph (j) insert a new paragraph (k) as follows —
k
Odorising natural gas or liquefied petroleum gas where that activity is related to a Part A activity.
;
ii
under the heading “Interpretation of Part A(1)” —
aa
in paragraph 1, after the word “sewage” insert the words “or sewage sludge”; and
bb
in paragraph 3, after the word “wood” insert the words “(but does not include wood which has not been chemically treated).”;
iii
in paragraph (d) of Part B, substitute the figure “100m 3 ” by the figure “500m 3 ”;
c
in Section 2.1 (Ferrous Metals) —
i
in paragraph (b)(ii) of Part A(1), after the word “induction” insert the words “, vacuum, electro-slag”;
ii
in paragraph (b)(ii) of Part B, after the word “induction” insert the words “,electro-slag”;
d
in Section 2.2 (Non-Ferrous Metals) —
i
in paragraph (b)(ii) of Part A(1), after the word “furnace” insert the words “(other than a vacuum furnace)”;
ii
for paragraph (a)(ii) of Part A(2), substitute the following sub-paragraphs —
ii
no furnace (other than a vacuum furnace), bath or other holding vessel used in the plant for the melting has a design holding capacity of 5 tonnes or more; or
iii
the plant uses a vacuum furnace of any design holding capacity.
;
e
in Part B of Section 4.1 (Organic Chemicals) —
i
for paragraph (a), substitute the following paragraph —
a
Unless falling within Part A(1) of this Section, any activity where the carrying on of the activity by the person concerned at the location in question is likely to involve the use in any 12 month period of 5 tonnes or more of any di-isocyanate or of any partly polymerised di-isocyanate or, in aggregate, of both.
;
ii
after paragraph (c) insert a new paragraph (d) as follows —
d
Unless falling within Part A(1) of this Section, any activity involving the use of toluene di-isocyanate or partly polymerised di-isocyanate if —
i
less than 1 tonne of toluene di-isocyanate monomer is likely to be used in any 12 month period; and
ii
the activity may result in a release into the air which contains toluene di-isocyanate.
;
f
in Part A(1) of Section 4.2 (Inorganic Chemicals) —
i
for paragraph (b), substitute the following paragraph —
b
Unless falling within another Section of this Schedule, any manufacturing activity which is likely to result in the release into the air of any hydrogen halide (other than the manufacture of glass or the coating, plating or surface treatment of metal) or which is likely to result in the release into the air or water of any halogen or any of the compounds mentioned in paragraph (a)(vi) (other than the treatment of water).
;
ii
for paragraph (h), substitute the following paragraph —
h
Unless falling within another Section of this Schedule, any activity, other than the combustion or incineration of carbonaceous material as defined in the Interpretation of Part A(1) of Section 1.2 of this Schedule, which is likely to result in the release into the air of any acid-forming oxide of nitrogen.
;
g
in Part A(1) of Section 4.7 (Manufacturing Activities Involving Carbon Disulphide or Ammonia) —
i
for paragraph (a), substitute the following paragraph —
a
Unless falling within Part A2 of Section 6.7 (Activities involving rubber), any manufacturing activity which may result in the release of carbon disulphide into the air.
;
ii
in paragraph (b), delete the words “involves the use of ammonia or”;
h
in Section 5.1 (Incineration and Co-incineration of Waste) —
i
in Part A(1), after paragraph (e) insert a new paragraph (f) as follows —
f
The incineration other than incidentally in the course of burning solid or liquid waste, of any gaseous compound containing halogens in a plant which is not an incineration plant or a co-incineration plant.
;
ii
in Part A(2), after paragraph (b) insert a new paragraph (c) as follows —
c
The incineration of animal carcasses or animal waste in a plant, which is not an incineration plant or a co-incineration plant, with a capacity of more than 10 tonnes per day but less than 1 tonne per hour of animal carcasses or animal waste or, in aggregate, of both.
;
iii
in the definition of “excluded plant” under the heading “Interpretation of Section 5.1”, for paragraph (a)(vii) substitute the following paragraph —
vii
Animal carcasses as regulated by Regulation ( EC ) No. 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption ; or
;
i
under the heading “Interpretation of Part A(1)” in Section 5.3 (Disposal of Waste Other Than by Incineration or Landfill), for paragraph 3 substitute the following paragraph —
3
Nothing in this Part applies to the treatment of —
a
waste soil; or
b
contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991 ,
by means of a mobile plant.
;
j
under the heading “Interpretation of Part A(1)” in Section 5.4 (Recovery of Waste), for paragraph 2 substitute the following paragraph —
2
Nothing in this Part applies to the treatment of —
a
waste soil; or
b
contaminated material, substances or products, for the purpose of remedial action with respect to land or controlled waters, as defined in section 104 of the Water Resources Act 1991,
by means of a mobile plant.
;
k
in paragraph (a)(ii) of Part A(1) of Section 6.3 (Tar and Bitumen Activities), delete the words “or bitumen”;
l
in paragraph (a) of Part B of Section 6.6 (Timber Activities), after the word “drilling,” insert the word “sanding,”;
m
in paragraph (2) of Part B of Section 7 ( SED Activities) —
i
after the definition of “manufacturing of pharmaceutical products”, insert a new definition as follows —
“organic compound” means any compound containing at least the element carbon and one or more of hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen, with the exception of carbon oxides and inorganic carbonates and bicarbonates;
;
ii
after the definition of “vehicle refinishing”, insert a new definition as follows —
“volatile organic compound” or “VOC” means–
any organic compound having a vapour pressure of 0.01 kPa or more at 293.15K or having a corresponding volatility under the particular conditions of use; or
the fraction of creosote which exceeds a vapour pressure of 0.01 kPA at 293.15K;
.
4
In Part 2 of Schedule 1 (Interpretation of Part 1), after paragraph 3 insert a new paragraph as follows —
3A
1
An activity shall not be taken to be an activity falling within Sections 1.1 to 6.9 of Part 1 if it is carried out at an installation or mobile plant solely used for research, development and testing of new products and processes.
.
5
Paragraph 17 of Part 3 of Schedule 1 (Interpretation of “Part A Installation” etc. ), shall be amended as follows —
a
in sub-paragraph (2)(a) —
i
after the words “falling within” insert the words “Part A(2) or”; and
ii
after the words “waste incineration installation” delete the word “and”;
b
at the end of sub-paragraph (2)(b), insert the word “and” followed by a new sub-paragraph (c) as follows —
c
the disposal or recycling of animal carcasses or animal waste by rendering in a plant with a capacity exceeding 10 tonnes per day of animal carcasses or animal waste, or, in aggregate, of both
.
6
Schedule 3 (Prescribed Date and Transitional Arrangements), shall be amended as follows —
a
in the table in paragraph 2(2) of Part 1 —
i
for the words —
Section 4.2 Part A (1) Paragraphs (a)(i), (ii), (iii), (vi), (b) to (j) 1st October to 31st December 2004 Paragraphs (a)(iv), (v) 1st June to 31st August 2005 Section 5.3 Part A(1) Paragraph (b) 1st June to 31st August 2005
substitute the words —
Section 4.2 Part A (1) Paragraphs (a)(i), (ii), (iii), (vi), (b) to (g), (i) and (j) 1st October to 31st December 2004 Paragraphs (a)(iv),(v) and (h) 1st June to 31st August 2005 Section 5.3 Part A(1) Paragraph (b) 1st November 2006 to 31st January 2007
ii
after the words —
Section 5.1 Part A(1) Paragraphs (d), (e) 1st June to 31st August 2005
insert the words —
Section 5.1 Part A(1) Paragraphs (f) 1st June to 31st August 2005
b
in paragraph 2(6), for the words “3 months” substitute the words “28 days”;
c
in the definition of “determination date” in paragraph 6, after sub-paragraph (c) insert a new sub-paragraph (d) as follows —
d
for an installation, part of an installation or mobile plant in relation to which an application is withdrawn in accordance with regulation 7(6) or deemed to have been withdrawn in accordance with paragraph 4 of Schedule 4, the date the application is withdrawn, or deemed to have been withdrawn;
;
d
in the table in paragraph 10(1) of Part 2, for the words —
Section 2.1 1st April 2004
substitute the words —
Section 2.1 Paragraphs (a), (b) (i), (c), (d) and (e) 1st April 2004 Paragraph (b) (ii), other than producing, melting or refining iron or steel or any ferrous alloy using a electro-slag furnace 1st April 2004 Paragraph (b) (ii), insofar as it consists of the production, melting or refining of iron or steel or any ferrous alloy using a electro-slag furnace 1 April 2005
7
Schedule 4 (Grant of Permits), shall be amended as follows —
a
in paragraph 5, after the words “the date on which his application is” insert the word “duly”;
b
in paragraph 9(1), for the words “receiving an application” substitute the words “receiving a duly made application”;
c
in paragraph 15 —
i
in sub-paragraph (1), after the words “on which it received the” insert the words “duly made”;
ii
after sub-paragraph (2)(c), insert a new sub-paragraph (d) as follows —
d
where separate applications are made to operate different parts of one installation, any period beginning with the date on which notice is served on any of the applicants under paragraph 4 and ending on the date on which that applicant furnishes the information specified in the notice.
;
d
for paragraph 21, substitute the following new paragraphs —
21
— The requirements of paragraph 9, other than paragraphs 9(b)(ix) and (f), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 30.
21A
— Subject to paragraph 22, the requirements of paragraphs 9(1)(b)(ii), (iii) and (iv) and (c), shall not apply in so far as they would require a person mentioned in any of those provisions to be given information which is not included in the register by virtue of regulation 31.
;
e
in paragraph 22, for the words “Paragraph 21” substitute the words “Paragraph 21A”;
8
In paragraph 14 of Schedule 7 (Variation of Conditions), for the words “Paragraphs 21 and 22” substitute the words “Paragraphs 21, 21A and 22”.
9
In paragraph 1 of Schedule 9 (Registers), after sub-paragraph (aa) insert a new sub-paragraph (bb) as follows —
bb
all particulars of any fees and charges paid to the local authority regulator pursuant to a scheme made by the Secretary of State under regulation 22 and details of the total expenditure incurred by the local authority regulator in exercising their functions under these regulations in relation to local authority permits.
.
Amendment to the Waste Management Licensing Regulations 1994
3
1
Regulation 16 of The Waste Management Licensing Regulations 1994 (Exclusion of activities under other control regimes from waste management licensing), shall be amended as follows.
2
In paragraph 1(ba), for the words “Part A(1) installation” substitute the words “Part A installation”.
3
In paragraph (3), for the words “Part A(1) installation” substitute the words “Part A installation”.
Transitional Provisions
4
1
Where an application for a permit is made before the date of coming into force of these Regulations in relation to an installation or mobile plant and by virtue of these Regulations —
a
the installation or mobile plant is reclassified as falling within a different Part in any Section of Part 1 of Schedule 1 (Activities) to the 2000 Regulations ; or
b
the relevant period or the relevant date for the installation or mobile plant is deferred to a period or a date after the date of coming into force of these Regulations,
anything duly done in relation to the application (including the grant of a permit) shall be treated as if it had been duly done in relation to an application for a permit made on or after the date of coming into force of these Regulations.
2
For the purposes of this regulation —
a
“the 2000 Regulations” means the Pollution Prevention and Control (England and Wales) Regulations 2000; and
b
words and expressions which are used or defined in the 2000 Regulations, shall have the same meaning as in those Regulations.
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs.
Elliott Morley
Minister of State,
Department for Environment, Food and Rural Affairs
9th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the Health Act 1999 (Commencement No. 14) Order 2004.
2
This Order applies to England only.
Appointed day
2
1st April 2004 is the day appointed for the coming into force of section 6(2) of the Health Act 1999 (delegation of Health Authority functions relating to pilot schemes and section 28C arrangements) .
John Hutton
Minister of State,
Department of Health
2nd February 2004


text:
1
This Order may be cited as the Retirement Benefit Schemes (Indexation of Earnings Cap) Order 2004.
2
For the purposes of section 590C(1) of the Income and Corporation Taxes Act 1988, the permitted maximum for the year of assessment 2004-05 is £102, 000.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2004


text:
Citation, commencement and revocation
1
1
These Regulations may be cited as the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004 and the Rules of Procedure contained in Schedules 1, 2, 3, 4 and 5 to these Regulations may be referred to, respectively, as —
a
the Employment Tribunals Rules of Procedure;
b
the Employment Tribunals (National Security) Rules of Procedure;
c
the Employment Tribunals (Levy Appeals) Rules of Procedure;
d
the Employment Tribunals (Health and Safety – Appeals against Improvement and Prohibition Notices) Rules of Procedure; and
e
the Employment Tribunals (Non-Discrimination Notices Appeals) Rules of Procedure.
2
These Regulations shall come into force on 1 October 2004.
3
Subject to the savings in regulation 20, the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 and the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001 are revoked.
Interpretation
2
In these Regulations and in Schedules 1, 2, 3, 4 and 5: —
“ ACAS ” means the Advisory, Conciliation and Arbitration Service referred to in section 247 of TULR(C)A ;
“appointing office holder” means, in England and Wales, the Lord Chancellor, and in Scotland, the Lord President ;
“chairman” means the President or a member of the panel of chairmen appointed in accordance with regulation 8(3)(a), or, for the purposes of national security proceedings, a member of the panel referred to in regulation 10 selected in accordance with regulation 11(a), and in relation to particular proceedings it means the chairman to whom the proceedings have been referred by the President, Vice President or a Regional Chairman ;
“compromise agreement” means an agreement to refrain from continuing proceedings where the agreement meets the conditions in section 203(3) of the Employment Rights Act ;
“constructive dismissal” has the meaning set out in section 95(1)(c) of the Employment Rights Act;
“ Disability Discrimination Act ” means the Disability Discrimination Act 1995 ;
“electronic communication” has the meaning given to it by section 15(1) of the Electronic Communications Act 2000 ;
“ Employment Act ” means the Employment Act 2002 ;
“Employment Rights Act” means the Employment Rights Act 1996 ;
“ Employment Tribunals Act ” means the Employment Tribunals Act 1996 ;
“ Employment Tribunal Office ” means any office which has been established for any area in either England & Wales or Scotland specified by the President and which carries out administrative functions in support of functions being carried out by a tribunal or chairman, and in relation to particular proceedings it is the office notified to the parties in accordance with rule 61(3) of Schedule 1;
“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament;
“ Equal Pay Act ” means the Equal Pay Act 1970 ;
“excluded person” means, in relation to any proceedings, a person who has been excluded from all or part of the proceedings by virtue of:–
a direction of a Minister of the Crown under rule 54(1)(b) or (c) of Schedule 1, or
an order of the tribunal under rule 54(2)(a) read with 54(1)(b) or (c) of Schedule 1;
“hearing” means a case management discussion, pre-hearing review, review hearing or Hearing (as those terms are defined in Schedule 1) or a sitting of a chairman or a tribunal duly constituted for the purpose of receiving evidence, hearing addresses and witnesses or doing anything lawful to enable the chairman or tribunal to reach a decision on any question;
“legally represented” has the meaning set out in rule 38(5) of Schedule 1;
“Lord President” means the Lord President of the Court of Session;
“misconceived” includes having no reasonable prospect of success;
“national security proceedings” means proceedings in relation to which a direction is given under rule 54(1) of Schedule 1, or an order is made under rule 54(2) of that Schedule;
“old (England & Wales) regulations” means the Employment Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 2001;
“old (Scotland) regulations” means the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001;
“panel of chairmen” means a panel referred to in regulation 8(3)(a);
“President” means, in England and Wales, the person appointed or nominated by the Lord Chancellor to discharge for the time being the functions of the President of Employment Tribunals (England and Wales), and, in Scotland, the person appointed or nominated by the Lord President to discharge for the time being the functions of the President of Employment Tribunals (Scotland);
“ Race Relations Act ” means the Race Relations Act 1976 ;
“Regional Chairman” means a member of the panel of chairmen who has been appointed to the position of Regional Chairman in accordance with regulation 6 or who has been nominated to discharge the functions of a Regional Chairman in accordance with regulation 6;
“ Register ” means the Register of judgments and written reasons kept in accordance with regulation 17;
“ Secretary ” means a person for the time being appointed to act as the Secretary of employment tribunals either in England and Wales or in Scotland;
“ Sex Discrimination Act ” means the Sex Discrimination Act 1975 ;
“special advocate” means a person appointed in accordance with rule 8 of Schedule 2;
“tribunal” means an employment tribunal established in accordance with regulation 5, and in relation to any proceedings means the tribunal to which the proceedings have been referred by the President, Vice President or a Regional Chairman;
“TULR(C)A” means the Trade Union and Labour Relations (Consolidation) Act 1992 ;
“Vice President” means a person who has been appointed to the position of Vice President in accordance with regulation 7 or who has been nominated to discharge the functions of the Vice President in accordance with that regulation;
“writing” includes writing delivered by means of electronic communication.
Overriding objective
3
1
The overriding objective of these regulations and the rules in Schedules 1, 2, 3, 4 and 5 is to enable tribunals and chairmen to deal with cases justly.
2
Dealing with a case justly includes, so far as practicable: —
a
ensuring that the parties are on an equal footing;
b
dealing with the case in ways which are proportionate to the complexity or importance of the issues;
c
ensuring that it is dealt with expeditiously and fairly; and
d
saving expense.
3
A tribunal or chairman shall seek to give effect to the overriding objective when it or he: —
a
exercises any power given to it or him by these regulations or the rules in Schedules 1, 2, 3, 4 and 5; or
b
interprets these regulations or any rule in Schedules 1, 2, 3, 4 and 5.
4
The parties shall assist the tribunal or the chairman to further the overriding objective.
President of Employment Tribunals
4
1
There shall be a President of Employment Tribunals (England and Wales), responsible for the administration of justice by tribunals and chairmen in England and Wales, who shall be appointed by the Lord Chancellor and shall be a person described in paragraph (3).
2
There shall be a President of Employment Tribunals (Scotland), responsible for the administration of justice by tribunals and chairmen in Scotland, who shall be appointed by the Lord President and shall be a person described in paragraph (3).
3
A President shall be a person: —
a
having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
b
being an advocate or solicitor admitted in Scotland of at least seven years standing; or
c
being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing.
4
A President may resign his office by notice in writing to the appointing office holder.
5
If the appointing office holder is satisfied that the President is incapacitated by infirmity of mind or body from discharging the duties of his office, or the President is adjudged to be bankrupt or makes a composition or arrangement with his creditors, the appointing office holder may revoke his appointment.
6
The functions of President under these Regulations may, if he is for any reason unable to act or during any vacancy in his office, be discharged by a person nominated for that purpose by the appointing office holder.
Establishment of employment tribunals
5
1
Each President shall, in relation to that part of Great Britain for which he has responsibility, from time to time determine the number of tribunals to be established for the purposes of determining proceedings.
2
The President, a Regional Chairman or the Vice President shall determine, in relation to the area specified in relation to him, at what times and in what places in that area tribunals and chairmen shall sit.
Regional Chairmen
6
1
The Lord Chancellor may from time to time appoint Regional Chairmen from the panel of full-time chairmen and each Regional Chairman shall be responsible to the President (England and Wales) for the administration of justice by tribunals and chairmen in the area specified by the President (England and Wales) in relation to him.
2
The President (England and Wales) or the Regional Chairman for an area may from time to time nominate a member of the panel of full time chairmen to discharge for the time being the functions of the Regional Chairman for that area.
Vice President
7
1
The Lord President may from time to time appoint a Vice President from the panel of full time chairmen and the Vice President shall be responsible to the President (Scotland) for the administration of justice by tribunals and chairmen in Scotland.
2
The President (Scotland) or the Vice President may from time to time nominate a member of the panel of full time chairmen to discharge for the time being the functions of the Vice President.
Panels of members of tribunals – general
8
1
There shall be three panels of members of Employment Tribunals (England and Wales), as set out in paragraph (3).
2
There shall be three panels of members of Employment Tribunals (Scotland), as set out in paragraph (3).
3
The panels referred to in paragraphs (1) and (2) are: —
a
a panel of full-time and part-time chairmen appointed by the appointing office holder consisting of persons —
i
having a seven year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990;
ii
being an advocate or solicitor admitted in Scotland of at least seven years standing; or
iii
being a member of the Bar of Northern Ireland or solicitor of the Supreme Court of Northern Ireland of at least seven years standing;
b
a panel of persons appointed by the Secretary of State after consultation with such organisations or associations of organisations representative of employees as she sees fit; and
c
a panel of persons appointed by the Secretary of State after consultation with such organisations or associations of organisations representative of employers as she sees fit.
4
Members of the panels constituted under these Regulations shall hold and vacate office under the terms of the instrument under which they are appointed but may resign their office by notice in writing, in the case of a member of the panel of chairmen, to the appointing office holder and, in any other case, to the Secretary of State; and any such member who ceases to hold office shall be eligible for reappointment.
5
The President may establish further specialist panels of chairmen and persons referred to in paragraphs (3)(b) and (c) and may select persons from such specialist panels in order to deal with proceedings in which particular specialist knowledge would be beneficial.
Composition of tribunals - general
9
1
For each hearing, the President, Vice President or the Regional Chairman shall select a chairman, who shall, subject to regulation 11, be a member of the panel of chairmen, and the President, Vice President or the Regional Chairman may select himself.
2
In any proceedings which are to be determined by a tribunal comprising a chairman and two other members, the President, Regional Chairman or Vice President shall, subject to regulation 11, select one of those other members from the panel of persons appointed by the Secretary of State under regulation 8(3)(b) and the other from the panel of persons appointed under regulation 8(3)(c).
3
In any proceedings which are to be determined by a tribunal whose composition is described in paragraph (2) or, as the case may be, regulation 11(b), those proceedings may, with the consent of the parties, be heard and determined in the absence of any one member other than the chairman.
4
The President, Vice President, or a Regional Chairman may at any time select from the appropriate panel another person in substitution for the chairman or other member of the tribunal previously selected to hear any proceedings before a tribunal or chairman.
Panels of members of tribunals – national security proceedings
10
In relation to national security proceedings, the President shall: —
a
select a panel of persons from the panel of chairmen to act as chairmen in such cases; and
b
select:–
i
a panel of persons from the panel referred to in regulation 8(3)(b) as persons suitable to act as members in such cases; and
ii
a panel of persons from the panel referred to in regulation 8(3)(c) as persons suitable to act as members in such cases.
Composition of tribunals – national security proceedings
11
In relation to national security proceedings: —
a
the President, the Regional Chairman or the Vice President shall select a chairman, who shall be a member of the panel selected in accordance with regulation 10(a), and the President, Regional Chairman or Vice President may select himself; and
b
in any such proceedings which are to be determined by a tribunal comprising a chairman and two other members, the President, Regional Chairman or Vice President shall select one of those other members from the panel selected in accordance with regulation 10(b)(i) and the other from the panel selected in accordance with regulation 10(b)(ii).
Modification of section 4 of the Employment Tribunals Act (national security proceedings)
12
1
For the purposes of national security proceedings section 4 of the Employment Tribunals Act shall be modified as follows.
2
In section 4(1)(a), for the words “in accordance with regulations made under section 1(1)” substitute the words “in accordance with regulation 11(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004”.
3
In section 4(1)(b), for the words “in accordance with regulations so made” substitute the words “in accordance with regulation 11(b) of those Regulations”.
4
In section 4(5), for the words “in accordance with Regulations made under section 1(1)” substitute the words “in accordance with regulation 10(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004”.
Practice directions
13
1
The President may make practice directions about the procedure of employment tribunals in the area for which he is responsible, including practice directions about the exercise by tribunals or chairmen of powers under these Regulations or the Schedules to them.
2
The power of the President to make practice directions under paragraph (1) includes power:–
a
to vary or revoke practice directions;
b
to make different provision for different cases or different areas, including different provision for specific types of proceedings.
3
The President shall publish a practice direction made under paragraph (1), and any revocation or variation of it, in such manner as he considers appropriate for bringing it to the attention of the persons to whom it is addressed.
Power to prescribe
14
1
The Secretary of State may prescribe —
a
one or more versions of a form, one of which shall be used by all claimants for the purpose of commencing proceedings in an employment tribunal (“claim form”) except any claim or proceedings listed in paragraph (3);
b
one or more versions of a form, one of which shall be used by all respondents to a claim for the purpose of responding to a claim before an employment tribunal (“response form”) except respondents to a claim or proceedings listed in paragraph (3); and
c
that the provision of certain information and answering of certain questions in a claim form or in a response form is mandatory in all proceedings save those listed in paragraph (3).
2
The Secretary of State shall publish the forms and matters prescribed pursuant to paragraph (1) in such manner as she considers appropriate in order to bring them to the attention of potential claimants, respondents and their advisers.
3
The proceedings referred to in paragraph (1) are: —
a
those referred to an employment tribunal by a court;
b
proceedings to which any of Schedules 3 to 5 apply; or
c
proceedings brought under any of the following enactments:–
i
sections 19, 20 or 22 of the National Minimum Wage Act 1998 ;
ii
section 11 of the Employment Rights Act where the proceedings are brought by the employer.
Calculation of time limits
15
1
Any period of time for doing any act required or permitted to be done under any of the rules in Schedules 1, 2, 3, 4 and 5, or under any decision, order or judgment of a tribunal or a chairman, shall be calculated in accordance with paragraphs (2) to (6).
2
Where any act must or may be done within a certain number of days of or from an event, the date of that event shall not be included in the calculation. For example, a respondent is sent a copy of a claim on 1st October. He must present a response to the Employment Tribunal Office within 28 days of the date on which he was sent the copy. The last day for presentation of the response is 29th October.
3
Where any act must or may be done not less than a certain number of days before or after an event, the date of that event shall not be included in the calculation. For example, if a party wishes to submit representations in writing for consideration by a tribunal at a hearing, he must submit them not less than 7 days before the hearing. If the hearing is fixed for 8th October, the representations must be submitted no later than 1st October.
4
Where the tribunal or a chairman gives any decision, order or judgment which imposes a time limit for doing any act, the last date for compliance shall, wherever practicable, be expressed as a calendar date.
5
In rule 14(4) of Schedule 1 the requirement to send the notice of hearing to the parties not less than 14 days before the date fixed for the hearing shall not be construed as a requirement for service of the notice to have been effected not less than 14 days before the hearing date, but as a requirement for the notice to have been placed in the post not less than 14 days before that date. For example, a hearing is fixed for 15th October. The last day on which the notice may be placed in the post is 1st October.
6
Where any act must or may have been done within a certain number of days of a document being sent to a person by the Secretary, the date when the document was sent shall, unless the contrary is proved, be regarded as the date on the letter from the Secretary which accompanied the document. For example, a respondent must present his response to a claim to the Employment Tribunal Office within 28 days on the date of which he was sent a copy of the claim. If the letter from the Secretary sending him a copy of the claim is dated 1 st October, the last day for presentation of the response is 29 th October.
Application of Schedules 1-5 to proceedings
16
1
Subject to paragraphs (2) and (3), the rules in Schedule 1 shall apply in relation to all proceedings before an employment tribunal except where separate rules of procedure made under the provisions of any enactment are applicable.
2
In proceedings to which the rules in Schedule 1 apply and in which any power conferred on the Minister, the tribunal or a chairman by rule 54 (national security proceedings) of Schedule 1 is exercised, Schedule 1 shall be modified in accordance with Schedule 2.
3
The rules in Schedules 3, 4 and 5 shall apply to modify the rules in Schedule 1 in relation to proceedings which consist, respectively, in: —
a
an appeal by a person assessed to levy imposed under a levy order made under section 12 of the Industrial Training Act 1982 ;
b
an appeal against an improvement or prohibition notice under section 24 of the Health and Safety at Work etc Act 1974; and
c
an appeal against a non-discrimination notice under section 68 of the Sex Discrimination Act, section 59 of the Race Relations Act or paragraph 10 of Schedule 3 to the Disability Rights Commission Act 1999 .
Register
17
1
The Secretary shall maintain a Register which shall be open to the inspection of any person without charge at all reasonable hours.
2
The Register shall contain a copy of all judgments and any written reasons issued by any tribunal or chairman which are required to be entered in the Register in accordance with the rules in Schedules 1 to 5.
3
The Register, or any part of it, may be kept by means of a computer.
Proof of decisions of tribunals
18
The production in any proceedings in any court of a document purporting to be certified by the Secretary to be a true copy of an entry of a judgment in the Register shall, unless the contrary is proved, be sufficient evidence of the document and of the facts stated therein.
Jurisdiction of tribunals in Scotland and in England & Wales
19
1
An employment tribunal in England or Wales shall only have jurisdiction to deal with proceedings (referred to as “English and Welsh proceedings”) where —
a
the respondent or one of the respondents resides or carries on business in England and Wales;
b
had the remedy been by way of action in the county court, the cause of action would have arisen wholly or partly in England and Wales;
c
the proceedings are to determine a question which has been referred to the tribunal by a court in England and Wales; or
d
in the case of proceedings to which Schedule 3, 4 or 5 applies, the proceedings relate to matters arising in England and Wales.
2
An employment tribunal in Scotland shall only have jurisdiction to deal with proceedings (referred to as “Scottish proceedings”) where —
a
the respondent or one of the respondents resides or carries on business in Scotland;
b
the proceedings relate to a contract of employment the place of execution or performance of which is in Scotland;
c
the proceedings are to determine a question which has been referred to the tribunal by a sheriff in Scotland; or
d
in the case of proceedings to which Schedule 3, 4 or 5 applies, the proceedings relate to matters arising in Scotland.
Transitional provisions
20
1
These Regulations and Schedules 1 to 5 to them shall apply in relation to all proceedings to which they relate where those proceedings were commenced on or after 1 October 2004.
2
These Regulations and Schedules 1 and 2 to them (with the exception of rules 1 to 3 and 38 to 48 of Schedule 1) shall apply to proceedings: —
a
which were commenced prior to 1 October 2004; and
b
to which Schedule 1 to either the old (England & Wales) regulations or the old (Scotland) regulations applied;
provided that a copy of the originating application was not sent to the respondent prior to 1 October 2004.
3
In relation to the proceedings described in paragraph (2), the following provisions of Schedule 1 to the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) shall continue to apply: —
a
rule 1 (originating application);
b
rule 2 (action upon receipt of originating application) with the exception of paragraphs (2), (4) and (5) of that rule; and
c
rule 14 (costs).
4
In relation to proceedings described in paragraph (2) but where a copy of the originating application was sent to the respondent prior to 1 October 2004, Schedules 1 and 2 to these Regulations shall apply with the exception of rules 1 to 9, 21 to 24, 33 and 38 to 48 of Schedule 1 and rules 2, 3 and 4 of Schedule 2.
5
In relation to proceedings described in paragraph (4), the following provisions of the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) shall continue to apply: —
a
in Schedule 1:–
i
rule 1 (originating application);
ii
rule 2 (action upon receipt of originating application) with the exception of paragraphs (2), (4) and (5) of that rule;
iii
rule 3 (appearance by respondent);
iv
rule 8 (national security);
v
rule 14 (costs); and
b
rule 1 of Schedule 2.
6
In relation to proceedings commenced prior to 1 October 2004 and to which Schedule 4, 5 or 6 to the old (England & Wales) regulations or the old (Scotland) regulations (as the case may be) applied, the provisions of those schedules shall continue to apply to such proceedings.
Gerry Sutcliffe
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
19th July 2004


text:
Citation and commencement
1
This Scheme may be cited as the Common Investment Scheme 2004, and comes into force on 27th February 2004.
Interpretation
2
1
In this Scheme —
“accounting date” means 28th February and 31st August in each year;
“ the Act ” means the Administration of Justice Act 1982;
“ the Board ” means the Lord Chancellor’s Strategic Investment Board;
“dividend date” means 10th April and 12th October in each year;
“fund” means the Capital Fund referred to in paragraph 3;
“unit” means a share in the fund;
“valuation day” means a day appointed by the investment manager in accordance with paragraph 3 of Schedule 2 for the valuation of the fund.
2
Where in any year an accounting date or a dividend date falls on a Saturday, Sunday, bank holiday or Good Friday, the accounting date or dividend date is taken to be the next business day.
The Capital Fund
3
There shall continue to be a fund, known as the Capital Fund, for the purpose of the investment of money to be invested in common investment funds in accordance with section 42 of the Act.
Investment manager
4
An investment manager appointed by the Lord Chancellor shall manage and control the fund.
Powers and duties of the investment manager
5
1
Without prejudice to the generality of the duty of the investment manager to manage and control the fund, the investment manager has the powers and duties set out in Schedule 1 in respect of the fund.
2
The investment manager shall administer the fund with the objective of securing long-term growth in income and capital.
3
The investment manager shall determine an investment strategy designed to achieve the objective mentioned in sub-paragraph (2), and may from time to time revise the investment strategy for the same purpose.
4
Before determining or revising an investment strategy, the investment manager shall consult the Board and the Lord Chancellor.
5
The investment manager shall ensure that he or his representative attends all meetings of the Board to which he is invited, and supplies to the Board all information it reasonably requires.
Schedule 2
6
Schedule 2 has effect in relation to the fund.
Revocation
7
The Common Investment Scheme 1991 , The Common Investment (Amendment) Scheme 1999 , The Common Investment (Closure of High Yield Fund) Scheme 2003 and The Common Investment (Closure of High Yield Fund) (Amendment) Scheme 2003 are revoked.
Signed by authority of the Lord Chancellor.
Christopher Leslie
Parliamentary Under-Secretary of State,
Department for Constitutional Affairs
Dated 2nd February 2004


text:
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 7) Order 2004.
2
Section 79 of the Police Reform Act 2002 shall come into force on 9th March 2004.
Ivor Caplin
Parliamentary Under Secretary of State Ministry of Defence
8th March 2004


text:
Title and commencement
1
These Regulations may be cited as the Cereal Seed (England) (Amendment) Regulations 2004 and shall come into force on 8th October 2004.
Amendment of the Cereal Seed (England) Regulations 2002
2
1
The Cereal Seed (England) Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) —
a
After the definition of “the Act”, there shall be inserted the following definition —
“Annex II.A(3) official certificate” means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;
;
b
for the definition of “approved seed certification authority”, there shall be substituted the following definition —
“approved seed certification authority” means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;
;
c
for the definition of “approved species”, there shall be substituted the following definition —
“approved species” means —
subject to paragraph (b), any of the species referred to in Schedule 2; and
maize in the case of seed officially certified by the approved seed certification authority in South Africa;
;
d
for the definition of “the Cereal Seed Directive”, there shall be substituted the following definition —
“the Cereal Seed Directive” means Council Directive 66/402/ EEC on the marketing of cereal seed, as last amended by Council Directive 2003/61/ EC ;
;
e
for the definition of “the Common Catalogue Directive”, there shall be substituted the following definition —
“the Common Catalogue Directive” means Council Directive 2002/53/EC on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;
;
f
after the definition of “control plot”, there shall be inserted the following definition —
“the Deliberate Release Directive” means Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;
;
g
for the definition of “ EEA State”, there shall be substituted the following definition —
“EEA State” means –
a State which is a member of the Communities; and
Iceland, Liechtenstein and Norway;
;
h
for the definition of “equivalent third country”, there shall be substituted the following definition —
“equivalent third country” means Argentina, Australia, Bulgaria, Canada, Chile, Croatia, Israel, Morocco, New Zealand, Romania, Serbia and Montenegro, South Africa, Turkey, the United States of America, and Uruguay;
;
i
after the definition of “equivalent third country”, there shall be inserted the following definition —
“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;
;
j
for the definition of “genetically modified”, there shall be substituted the following definition —
“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;
;
k
for the definition of “member State”, there shall be substituted the following definition —
“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;
;
l
the definition of “a Part II.A(3) official certificate” shall be deleted; and
m
for the definition of “the Third Country Equivalence Decision” there shall be substituted the following definition —
“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004 ;
.
3
In regulation 9(2)(d), for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”.
4
In regulation 11(15)(c), for paragraph (ii) there shall be substituted the following paragraph —
ii
not finally certified CS, C1 or C2 seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9.
.
5
In regulation 13(5)(e)(ii), the words “, third country” shall be deleted.
6
In regulation 19, for paragraph (4) there shall be substituted the following paragraph —
4
The Secretary of State shall not grant a regulation 19 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either —
a
Part C of the Deliberate Release Directive; or
b
the Food and Feed Regulation.
.
7
In regulation 20, for paragraph (4)(c) there shall be substituted the following paragraph —
c
in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either —
i
Part C of the Deliberate Release Directive; or
ii
the Food and Feed Regulation.
.
8
In regulation 23(6), after the words “application made under” there shall be inserted the word “regulation”.
9
In regulation 24 —
a
in paragraph 5(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision”; and
b
in paragraph 10(c), for the words “paragraph B.I of Annex II to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision”.
10
In regulation 26 —
a
in paragraph 7(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision”;
b
in paragraph 11(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision”; and
c
in paragraph 17, for the words “paragraph 16, 22, 30, 31(3), 38 or 39(3)” there shall be substituted the words “paragraph 16, 17(3), 22, 23(3), 30, 31(3), 31(4), 38 and 39(3), 39(4), 45A, 46(3) or 46(4)”.
11
In Schedule 1 —
a
in paragraph 16(2) of Part II —
i
in paragraph (a)(ii), for the words “paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in paragraph (b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in paragraph (c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
b
in paragraph 22 of part II —
i
in sub-paragraph (2)(a)(ii), for the words “paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
c
in paragraph 30 of part III —
i
in sub-paragraph (2)(a)(ii), for the words “paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
d
in paragraph 31(3)(d)(i) of part III, for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
e
in paragraph 38 of part III —
i
in sub-paragraph (2)(a)(ii), for the words “paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (2)(b), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
f
in paragraph 39(3)(d)(i) of part III, for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
g
in sub-paragraph 44(3) of part III —
i
in paragraph (d)(iii), the word “and” shall be deleted;
ii
in paragraph (e)(i), after the words “another member state” there shall be added the words “or an equivalent third country”; and
iii
after paragraph (e), there shall be inserted the following paragraphs —
f
C2 seed of a listed variety that —
i
has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
ii
complies with the requirements of paragraphs (a)(ii) and (iii); and
g
C2 seed —
i
of a previously listed variety that is on the OECD list;
ii
that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
iii
that complies with the requirements of paragraphs (a)(ii) and (iii); and
iv
for which a marketing extension is in force,
;
h
after paragraph 45 of part III there shall be inserted the following paragraph —
Third country officially certified C2 seed of a listed variety
45A
1
In these Regulations “third country officially certified C2 seed of a listed variety” means C2 seed of an approved species to which sub-paragraph (2) or (3) applies.
2
This sub-paragraph applies to C2 seed of a listed variety that —
a
was harvested from a crop that was produced —
i
in an equivalent third country,
ii
from seed of a preceding generation that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;
b
has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with the OECD Cereal Seed Scheme and the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
has been packed in packages that have been officially closed and marked in accordance with the OECD Cereal Seed Scheme, and, as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
has been imported into the United Kingdom and was accompanied —
i
by an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C2 seed; and
ii
subject to paragraph (iii), by an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C2 seed other than those relating to varietal identity and varietal purity; or
iii
in a case where the seed has been certified in Canada or the United States of America, instead of a certificate of the type referred to in paragraph (ii) by a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions.
3
This sub-paragraph applies to C2 seed —
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force, and
b
that complies with the requirements of sub-paragraphs 2(a) to (d).
;
i
for paragraph 46 of part III there shall be substituted the following paragraph —
Overseas tested officially certified C2 seed of a listed variety
46
1
In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed to which sub-paragraph (2), (3) or (4) applies.
2
This sub-paragraph applies to C2 seed —
a
that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C2 seed;
b
for which a seed test report has been issued —
i
by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or
ii
by a licensed EC seed testing station in either of the member States referred to in paragraph (i),
stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
c
that has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
that is accompanied by —
i
an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a); and
ii
the seed test report referred to in paragraph (b).
3
This sub-paragraph applies to C2 seed of an approved species that —
a
was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C2 seed;
b
was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
c
has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
is accompanied by —
i
an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C2 seed; and
ii
the seed test report referred to in paragraph (b).
4
This sub-paragraph applies to C2 seed of an approved species that —
a
complies with the requirements of paragraph 45A(2)(a) to (d); and
b
was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.
;
j
in paragraph 47(3) of part III —
i
in paragraph (c)(ii), the word “and” shall be deleted;
ii
after paragraph (d), there shall be inserted the following paragraphs —
e
C2 seed of a listed variety that —
i
has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
ii
complies with the requirements of paragraphs (a)(ii) to (iv); and
f
C2 seed —
i
of a previously listed variety that is on the OECD list;
ii
that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
iii
that complies with the requirements of paragraphs (a)(ii) to (iv); and
iv
for which a marketing extension is in force,
;
k
after sub-paragraph (b) of paragraph 49 of part III, there shall be inserted the following sub-paragraph —
bb
third country officially certified C2 seed of a listed variety;
l
in paragraph 56(1) of part IV —
i
in paragraph (b)(ii), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”;
ii
in paragraph (c), for the words “paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision”; and
iii
in paragraph (e), for the words “a part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
m
in paragraph 57(1) of part IV —
i
in paragraph (b)(ii), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”;
ii
in paragraph (c), for the words “paragraph 2 of Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision”; and
iii
in paragraph (e), for the words “a part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”; and
n
after paragraph 57 of part IV, there shall be inserted the following paragraph —
Not finally certified C2 seed harvested in an equivalent third country
58
1
In these Regulations “not finally certified C2 seed harvested in an equivalent third country” means C2 seed —
a
to which sub-paragraph (2) applies;
b
that has been harvested from a crop that —
i
has been produced in an equivalent third country directly from officially certified basic seed or C1 seed; and
ii
has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed;
c
that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;
d
that has been imported into the United Kingdom as not finally certified seed; and
e
that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.
2
This sub-paragraph applies to C2 seed of —
a
a listed variety;
b
a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or
c
a previously listed variety that is on the OECD List and for which a marketing extension is in force.
.
12
In Schedule 4 —
a
in paragraph 14 of part II, for the words “column 4” there shall be substituted the words “column 6”; and
b
in paragraph 15(1) of part II, for the words “column 4” there shall be substituted the words “column 6”.
13
In paragraph 1(h) of column 1 in the table in Schedule 5, after the word “EC” there shall be inserted the words “, third country”.
14
In Schedule 6, after paragraph 18 there shall be inserted the following paragraph —
18A
Third country officially certified C2 seed of a listed variety.
.
15
In Schedule 10 —
a
after the entry for “the Act” there shall be inserted the following entry —
Annex II.A(3) official certificate Regulation 2(1)
;
b
after the entry for “darnel” there shall be inserted the following entry —
Deliberate Release Directive Regulation 2(1)
;
c
after the entry for “final seed test report” there shall be inserted the following entry —
Food and Feed Regulation Regulation 2(1)
;
d
after the entry for “not finally certified C1 seed harvested in an equivalent third country” there shall be inserted the following entry —
not finally certified C2 seed harvested in an equivalent third country Paragraph 58 of Schedule 1
;
e
the entry for “Part II.A(3) official certificate shall be deleted; and
f
after the entry for “third country officially certified C1 seed of a listed variety” there shall be inserted the following entry —
“third country officially certified C2 seed of a listed variety”. Paragraph 45A of Schedule 1
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
10th September 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Water Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2004.
2
In this Order —
“ the Act ” means the Water Act 2003; and
“ the Authority ” means the Water Services Regulation Authority.
3
Unless the contrary intention appears, any reference in this Order to a section or Schedule is a reference to a section of or a Schedule to the Act.
Provisions coming into force on 17th March 2004
2
The following provisions of the Act shall come into force on 17th March 2004 —
a
section 69 (grants for drainage works and flood warning systems), in so far as it applies in relation to England ;
b
in section 100 (devolution: Wales) —
i
subsection (6), in so far as it relates to references to provisions amended by any provision of the Act which comes into force by virtue of this article; and
ii
subsection (7), in so far as it relates to subsection (6) so far as brought into force by virtue of sub-paragraph (i);
c
section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendment made by paragraph 42 of Schedule 7; and
d
section 101(2), in so far as it relates to the following repeals specified in Schedule 9 —
i
the repeal of sections 147 to 149, and the repeal in relation to section 221(1), of the WRA ; and
ii
the repeal of section 101(1) of the Environment Act 1995 .
Provisions coming into force on 1st April 2004
3
The following provisions of the Act shall come into force on 1st April 2004 —
a
section 6(1) (rights to abstract small quantities), in so far as it inserts into the WRA section 27A (variation of small quantity threshold);
b
section 9 (power to provide for further exemptions);
c
in section 10 (orders under section 33 of the WRA, etc ), subsection (11);
d
section 15 (general consideration of licence applications);
e
section 16 (protection from derogation), except the amendments made by subsections (4) and (5);
f
section 18 (register of certain protected rights);
g
in section 19, subsection (4), and section 20 (form, contents and effect of licences);
h
in section 25 (compensation for modification of licence on direction of the Secretary of State), subsection (1), in so far as it relates to subsection (2), and subsections (2) and (4);
i
section 27 (withdrawal of compensation for certain revocations and variations);
j
section 37 (conditions relating to costs of water regulation);
k
section 53 (specialist members of the Competition Commission);
l
section 56 (licensing of water suppliers), but —
i
in its application to paragraphs 2 and 4 of Schedule 4, only in so far as the paragraph in question has effect for the purpose of inserting into the WIA such provisions as are specified in relation to that paragraph in the second column of the table in Schedule 1 to this Order and, where in relation to any such provision any purpose is specified in the corresponding entry in the third column to that table, only in so far as the provision has effect for the specified purpose ;
ii
in its application to paragraph 1 of Schedule 4, only for the purposes of giving effect to paragraphs 2 and 4 of that Schedule to the extent specified in sub-paragraph (i);
m
section 57 (the Chief Inspector of Drinking Water and the Drinking Water Inspectorate);
n
sections 60 and 61 (penalties);
o
section 64 (drought orders and drought permits: charges);
p
section 65 (drought orders: procedure at local inquiries);
q
sections 66 and 68 (land drainage and flood defence);
r
section 71 (extension of Environment Agency’s powers of entry under the WRA);
s
section 72 (efficient use of water resources);
t
section 75 (extension of enforcement authority’s reserve powers under the Reservoirs Act 1975), in so far as it applies in relation to England ;
u
sections 81 to 83 (water conservation);
v
section 84 (fire hydrants);
w
section 85 (control of water from coal mines);
x
in section 100 (devolution: Wales) —
i
subsection (2)(a)(ii), (iv) and (ix), b(iv), (viii) and (x), (d), (e), (f), (i) and (j), in so far as they relate to provisions brought into force by virtue of this Order;
ii
subsection (4)(b)(i) and (ii);
iii
subsection (5);
iv
subsection (6), in so far as it relates to references to provisions amended by any provision of the Act which comes into force by virtue of this article or by virtue of the Water Act 2003 (Commencement) (Wales) Order 2004 ; and
v
subsection (7), in so far as it relates to subsection (6) (so far as brought into force by virtue of sub-paragraph (iv)) or the amendments made by subsections (2), (4) and (5) (so far as brought into force by sub-paragraphs (i) to (iii));
y
section 101(1) (minor and consequential amendments and repeals), in so far as it relates to the amendments made by the provisions of Schedules 7 and 8 specified in Schedule 2 to this Order; and
z
section 101(2), in so far as it relates to the following repeals specified in Schedule 9 —
i
the repeal of section 14(8) and (8A), and the repeal in relation to section 86(1), of the WIA;
ii
the repeal of sections 33, 77(4) and 79A(8) of the WRA;
iii
the repeal in relation to section 104(1) of the Utilities Act 2000 ;
iv
the repeal of section 1 of the Metropolis Water Act 1852 ;
v
the repeals in relation to Schedule 4 to the Environment Act 1995;
vi
the repeal in relation to Schedule 7 and the repeal of paragraph 13(3) of Schedule 10 to the Competition Act 1998 ; and
vii
the repeal in relation to the references in the National Assembly for Wales (Transfer of Functions) Order 1999 to sections 68 to 70 of the WIA, in so far as they relate to provisions brought into force by this Order.
Provisions coming into force on 28th May 2004
4
The following provisions of the Act shall come into force on 28th May 2004 —
a
sections 90 to 92 (water mains, etc);
b
sections 93 to 97, and 99 (sewers and drains);
c
in section 100 (devolution: Wales) —
i
subsection (2)(b)(iii);
ii
subsection (6), in so far as it relates to references to provisions amended by any provision of the Act which comes into force by virtue of this article; and
iii
subsection (7), in so far as it relates to subsection (6) (so far as brought into force by virtue of sub-paragraph (ii)) or the amendment made by subsection (2)(b)(iii); and
d
section 101(2), in so far as it relates to the following repeals specified in Schedule 9 —
i
the repeals in relation to sections 98(5), 101A(2), 102(1)(a) and 103(1)(a) of the WIA; and
ii
the repeal of section 104(6) of the WIA.
Provisions coming into force on 1st April 2005
5
Section 24 (claims arising out of water abstraction) shall come into force on 1st April 2005.
Transitional provisions
6
1
The transitional provisions in Schedule 3 to this Order shall have effect.
2
Paragraph (1) shall come into force —
a
so far as it relates to paragraph 4 of Schedule 3 to this Order, on 1st April 2005; and
b
otherwise, on 1st April 2004.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
8th March 2004


text:
1
This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment) Order 2004 and shall come into force on 1st May 2004.
2
For the entry at paragraph c of PL 5001 in Part 1 of Schedule 1 to the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 , there shall be substituted the following entry:
c
Restraints specially designed for restraining human beings, as follows:
1
Leg-irons;
2
Gangchains;
3
Electric-shock belts;
4
Shackles having a maximum locked dimension exceeding 240mm overall (i.e. including cuffs and connecting chain);
5
Individual cuffs having an internal perimeter dimension exceeding 165mm when the rachet is engaged at the last notch entering the locking mechanism and shackles made therewith;
.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
1st April 2004


text:
1
This Order may be cited as the Broadcasting and Communications (Isle of Man) (No. 3) Order 2004 and shall come into force on 23 rd April 2004.
2
Article 6(1) of the Communications (Isle of Man) Order 2003 is amended as follows —
a
in the list of section numbers, omit the words “Sections 275 to 308”; and
b
immediately below the words “Section 271” insert —
Sections 275 to 298
Section 299, except subsections (1), (3) and (4)
Sections 301 to 308
.
A.K.Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Authorities (Indemnities for Members and Officers) Order 2004.
2
It shall come into force on the day after that on which it is made.
3
In this Order —
“Part 3 proceeding” means any investigation, report, reference, adjudication or any other proceeding pursuant to Part 3 of the Local Government Act 2000; and
“secure”, in relation to any indemnity provided by means of insurance, includes arranging for, and paying for, that insurance and related expressions shall be construed accordingly.
Application
2
This Order applies to relevant authorities in England and to police authorities in Wales .
Indemnities
3
The authorities to whom this Order applies may, in the cases mentioned in article 5 below, provide indemnities to any of their members or officers.
Insurance
4
In place of, or in addition to, themselves providing an indemnity under article 3 above, any authority to whom this Order applies may, in the cases mentioned in article 5 below, provide an indemnity by securing the insurance of any of its members or officers.
Cases in which an indemnity may be provided
5
Subject to article 6 below, an indemnity may be provided in relation to any action of, or failure to act by, the member or officer in question, which —
a
is authorised by the authority; or
b
forms part of, or arises from, any powers conferred, or duties placed, upon that member or officer, as a consequence of any function being exercised by that member or officer (whether or not when exercising that function he does so in his capacity as a member or officer of the authority) —
i
at the request of, or with the approval of the authority, or
ii
for the purposes of the authority.
Restrictions on indemnities
6
1
No indemnity may be provided under this Order in relation to any action by, or failure to act by, any member or officer which —
a
constitutes a criminal offence; or
b
is the result of fraud, or other deliberate wrongdoing or recklessness on the part of that member or officer.
2
Notwithstanding paragraph (1)(a), an indemnity may be provided in relation to —
a
subject to article 8 below, the defence of any criminal proceedings brought against the officer or member; and
b
any civil liability arising as a consequence of any action or failure to act which also constitutes a criminal offence.
3
No indemnity may be provided under this Order in relation to the making by the member or officer indemnified of any claim in relation to an alleged defamation of that member or officer but may be provided in relation to the defence by that member of officer of any allegation of defamation made against him.
Matters that exceed the powers of the authority or member or officer
7
1
Notwithstanding any limitation on the powers of the authority which grants an indemnity, the authority may provide an indemnity to the extent that the member or officer in question —
a
believed that the action, or failure to act, in question was within the powers of the authority, or
b
where that action or failure comprises the issuing or authorisation of any document containing any statement as to the powers of the authority, or any statement that certain steps have been taken or requirements fulfilled, believed that the contents of that statement were true,
and it was reasonable for that member or officer to hold that belief at the time when he acted or failed to act.
2
An indemnity may be provided in relation to an act or omission which is subsequently found to be beyond the powers of the member or officer in question but only to the extent that the member or officer reasonably believed that the act or omission in question was within his powers at the time at which he acted.
Terms of indemnity or insurance
8
1
Subject to paragraphs (2) and (3) below, the terms of any indemnity given (including any insurance secured), under this Order may be such as the authority in question shall agree.
2
Paragraph (3) applies where any indemnity given to any member or officer (including any insurance secured for that member or officer) has effect in relation to the defence of —
a
any criminal proceedings; or
b
any Part 3 proceedings.
3
Where this paragraph applies, the indemnity shall be provided, and any insurance secured, on the terms that —
a
in the case of criminal proceedings, if the member or officer in question is convicted of a criminal offence and that conviction is not overturned following any appeal, and
b
in the case of Part 3 proceedings —
i
if a finding is made in those proceedings that the member in question has failed to comply with the Code of Conduct and that finding is not overturned following any appeal, or
ii
if the member admits that he has failed to comply with the Code of Conduct,
that member or officer shall reimburse the authority or the insurer (as the case may be) for any sums expended by the authority or insurer in relation to those proceedings pursuant to the indemnity or insurance.
4
Where a member or officer is obliged to reimburse an authority or insurer pursuant to the terms mentioned in paragraph (3) above, those sums shall be recoverable by the authority or insurer (as the case may be) as a civil debt.
Signed by authority of the First Secretary of State.
Nick Raynsford
Minister of State in the
Office of the Deputy Prime Minister
22nd November 2004