text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Solvent Emissions (England and Wales) Regulations 2004 and shall come into force on the day after the day on which they are made.
2
These Regulations extend to England and Wales.
Interpretation
2
1
In these Regulations —
“the 2000 Regulations ” means the Pollution Prevention and Control (England and Wales) Regulations 2000 ;
“authorisation” means an authorisation granted under section 6 of the Environmental Protection Act 1990 ;
“risk phrase substance or preparation” means a substance or preparation which, because of its content of volatile organic compounds classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/ EEC as last amended by Commission Directive 98/98/ EC , is assigned or needs to carry the risk phrases R45, R46, R49, R60 or R61; and a substance or preparation “becomes a risk phrase substance or preparation” when, because of its content of volatile organic compounds, it is assigned or needs to carry one or more of those risk phrases.
2
Subject to regulation 3(15), in these Regulations, words and expressions which are defined in Regulation 2 of, or Schedule 3 to, the 2000 Regulations shall have the same meaning as in those Regulations.
Application for variation of the conditions of an existing permit or authorisation in relation to installations covered by the Solvent Emissions Directive
3
1
Where —
a
an installation contains —
i
a new SED installation; or
ii
an existing SED installation which underwent a substantial change in operation, or at which abatement equipment was installed on or after 1st April 2001 and before the coming into force of these Regulations; or
iii
an existing SED installation at which a risk phrase substance or preparation began to be used before the coming into force of these Regulations; and
b
the affected part of the SED installation is on the date of coming into force of these Regulations subject to a permit,
the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations make an application under regulation 17 of the 2000 Regulations for a variation of the conditions of that permit.
2
Where —
a
abatement equipment was installed in an existing SED installation on or after 1st April 2001 and before the coming into force of these Regulations;
b
the activities carried out in the affected part of the SED installation fall wholly within any description of processes set out in Schedule 1 to the 1991 Regulations under the heading “Part A”; and
c
that part of the SED installation is on the coming into force of these Regulations wholly covered by an authorisation,
the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations either make an application under section 11 of the Environmental Protection Act 1990 for a variation of the conditions of the authorisation; or make an application for a permit to operate the whole installation under regulation 10 of the 2000 Regulations.
3
Where —
a
an installation contains an existing SED installation at which a risk phrase substance or preparation began to be used before the coming into force of these Regulations; and
b
the SED installation or part of the SED installation in which the substance or preparation is used is subject to an authorisation,
the operator shall within the period of 4 months beginning on the date of coming into force of these Regulations make an application under section 11 of the Environmental Protection Act 1990 for a variation of the conditions of the authorisation.
4
Subject to paragraph (1), where an installation which contains an existing SED installation is subject to a permit, the operator of the installation shall by the SED date make an application under regulation 17 of the 2000 Regulations for a variation of the conditions of that permit.
5
Subject to paragraph (2), where the activities carried out in an existing SED installation —
a
fall wholly within any description set out in Schedule 1 to the 1991 Regulations under the heading “Part A”; and
b
are wholly covered by an authorisation,
the operator shall by the SED date make an application under section 11 of the Environmental Protection Act 1990 for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 10 of the 2000 Regulations.
6
Paragraphs (1) to (5) do not apply if the permit or authorisation already includes all conditions necessary to meet the requirements of the Solvent Emissions Directive.
7
Where —
a
an operator of an installation containing an existing SED installation proposes to make a substantial change in the operation of that SED installation or to install abatement equipment; and
b
the affected part of the SED installation is subject to a permit,
the operator shall make an application under regulation 17 of the 2000 Regulations for a variation of the conditions of the permit and may not make the substantial change in operation or install the abatement equipment before the positive determination date.
8
Where —
a
an operator of an installation containing an existing SED installation proposes to install abatement equipment;
b
the activities carried out in the affected part of the SED installation fall wholly within any description set out in Schedule 1 to the 1991 Regulations under the heading “Part A”; and
c
that part of the SED installation is wholly covered by an authorisation,
the operator shall either make an application under section 11 of the Environmental Protection Act 1990 for a variation of the conditions of the authorisation or make an application for a permit to operate the whole installation under regulation 10 of the 2000 Regulations, and may not install the abatement equipment before the positive determination date.
9
Where —
a
an operator of an installation containing an existing SED installation proposes to start using a risk phrase substance or preparation; and
b
the SED installation or part of the SED installation in which it is proposed to use the risk phrase substance or preparation is subject to a permit or an authorisation,
the operator shall make an application under regulation 17 of the 2000 Regulations for a variation of the conditions of the permit or an application under section 11 of the Environmental Protection Act 1990 for a variation of the conditions of the authorisation, and the operator may not begin using the substance or preparation before the positive determination date.
10
Where after the coming into force of these Regulations —
a
a substance or preparation used in an SED installation becomes a risk phrase substance or preparation; and
b
the SED installation or part of the SED installation in which the substance or preparation is used is subject to a permit or an authorisation,
the operator shall within 4 months beginning on the date on which the risk phrase is assigned to that substance or preparation make an application under regulation 17 of the 2000 Regulations for a variation of the conditions of the permit or an application under section 11 of the Environmental Protection Act 1990 for a variation of the conditions of the authorisation.
11
Paragraphs (1) and (7) shall not apply to an installation containing an SED installation which undergoes a substantial change in operation where the total emissions of the SED installation do not exceed those that would have been permitted had the substantially changed part of the SED installation been subject to a permit containing conditions necessary to ensure that the SED installation complied with the requirements of Articles 5, 8 and 9 of the Solvent Emissions Directive.
12
An application under this regulation shall contain the information specified in paragraph 1C of Part 1 of Schedule 4 to the 2000 Regulations.
13
Where an operator fails to comply with any of the requirements of this regulation, the regulator shall serve a notice on the operator specifying the relevant requirement, requiring him to comply with the requirement and specifying the period within which it shall be complied with.
14
A notice served under paragraph (13) shall be treated for the purposes of the 2000 Regulations as an enforcement notice served under regulation 24(1) of the 2000 Regulations.
15
For the purposes of this regulation —
“affected part” means that part of an SED installation which undergoes a substantial change in operation or in which abatement equipment is installed or in which a risk phrase substance or preparation is used;
“positive determination date” means —
in relation to an application for a variation of a permit, the date on which the permit is varied, whether in pursuance of an application for a variation or, on appeal, of a direction to vary it;
in relation to an application for a variation of an authorisation, the date on which the authorisation is varied, whether in pursuance of an application for a variation or, on appeal, of a direction to vary it; or
in relation to an application for a permit, the date on which the permit is granted, whether in pursuance of an application or, on appeal, of a direction to grant it;
“the SED date” means —
in relation to an existing SED installation for which the operator wishes to use a reduction scheme, 31st October 2005;
in relation to all other existing SED installations, 31st October 2006.
Application for an extension of an existing permit in relation to installations covered by the Solvent Emissions Directive
4
1
Where the prescribed dates for an installation, which is already in part subject to a permit, are determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 and associated activities) and the prescribed date for part of the SED installation has not yet passed, the operator may make an application to extend the scope of the permit to incorporate the whole of the SED installation.
2
Subject to paragraph (3), the provisions of regulation 17 of, and Schedule 7 to, the 2000 Regulations shall apply to an application under paragraph (1) as if it were an application for a variation of a permit under regulation 17(2) of the 2000 Regulations.
3
In relation to an application under paragraph (1) —
a
regulation 17 of the 2000 Regulations shall apply as if —
i
for paragraph (4) there were substituted the following paragraph —
4
Where an application is duly made to the regulator under regulation 4(1) of the Solvent Emissions (England and Wales) Regulations 2004, the regulator shall either extend the scope of the permit subject to the conditions required or authorised to be imposed by regulations 11, 12 and 12A or refuse to extend the permit
;
ii
for paragraph (5) there were substituted the following paragraph —
5
Where the regulator decides to extend the scope of the permit, it shall serve a notice on the operator (a “variation notice”) specifying how the permit will be extended, the conditions which will be imposed on the part of the installation covered by the extension and the date on which, unless the notice is withdrawn, the extension shall take effect
;
iii
for paragraph (7) there were substituted the following paragraph —
7
Where the regulator decides on an application under regulation 4(1) of the Solvent Emissions (England and Wales) Regulations 2004 not to extend the permit, it shall give notice of its decision to the operator
;
b
Schedule 7 shall apply as if —
i
in paragraph 1(e) of Part 1 after “conditions of the permit” there were inserted “and the extension of the scope of the permit”;
ii
at the end of paragraph 1 there were inserted a new sub-paragraph (h) as follows —
h
in the case of an application for a variation to extend the scope of the permit in respect of an SED installation the information specified in paragraph 1C of Part 1 of Schedule 4
;
iii
in paragraph 4(1) “or” were deleted from the end of sub-paragraph (a); “or” were inserted at the end of sub-paragraph (b); and there were inserted a new sub-paragraph (c) as follows —
c
an application is made under regulation 4(1) of the Solvent Emissions (England and Wales) Regulations 2004 to extend the scope of the permit
;
iv
at the end of paragraph 4(9)(c) there were inserted “or, in the case of an application under regulation 4(1) of the Solvent Emissions (England and Wales) Regulations 2004 to extend the scope of the permit, the extension of the scope of the permit”;
4
Where an application for a variation is made under paragraph (1), the provisions of Part 3 of Schedule 3 to the 2000 Regulations shall be read as if references to an “application for a permit to operate the installation” were references to an “application for variation of a permit”.
5
An application for a variation of the conditions of a permit under regulation 3(1), (4), (7), (9) or (10) and an application for a variation to extend the scope of the permit under paragraph (1) may be made combined in one application.
Supplementary applications in relation to installations covered by the Solvent Emissions Directive
5
1
Where an operator has made or is deemed to have made an application under regulation 10 of the 2000 Regulations to operate an installation containing an SED installation (the “original application”) and —
a
the operator wishes to make a substantial change in the operation of the SED installation, to install abatement equipment, or to begin using a risk phrase substance or preparation before the original application has been determined;
b
the operator wishes to use a reduction scheme and the original application has not been determined by the regulator by 31st August 2005; or
c
in relation to an installation for which the prescribed date is determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 to the 2000 Regulations (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 and associated activities), the original application is not determined by the regulator before the date for which the operator is required to apply for a permit for the remaining part of the installation,
the operator may make a supplementary application to the regulator.
2
A supplementary application under paragraph (1) shall contain —
a
in the case of an application under paragraph (1)(a), a description of the substantial change in the operation or abatement equipment to be installed or a description of the risk phrase substance or preparation to be used; and
b
any information which would be required under Schedule 4 to be included in an application to operate the installation which is not in the original application.
3
Where an operator makes a supplementary application under paragraph (1) —
a
the original application shall be amended to include the provisions of the supplementary application; and
b
the resulting application shall be deemed to have been made on the date the supplementary application is made.
Duty for operators applying to use a reduction scheme
6
1
Where, in respect of an existing SED installation, an operator makes —
a
an application for a permit;
b
an application for a variation of the conditions of an existing permit or authorisation under regulation 3 or for an extension of an existing permit under regulation 4; or
c
a supplementary application under regulation 5,
and indicates that he wishes to use a reduction scheme in respect of that SED installation, the operator shall, from 31st October 2005 until the determination date for the SED installation, operate the SED installation in accordance with the requirements of the proposed reduction scheme.
2
In paragraph (1), the “determination date” shall be interpreted in accordance with Part 3 of Schedule 3 to the 2000 Regulations.
3
Where a regulator considers that an operator has failed, is failing or is likely to fail to comply with the requirement under paragraph (1), the regulator may serve a notice on the operator requiring him to comply with that requirement and specifying the period within which it shall be complied with.
4
A notice served under paragraph (3) shall be treated for the purposes of the 2000 Regulations as an enforcement notice served under regulation 24(1) of the 2000 Regulations.
5
For the purposes of the discharge of its functions under this regulation the regulator may serve a notice on any person requiring that person to furnish such information as is specified in the notice, in such form and within such period following service of the notice or at such time as is so specified.
6
A notice served under paragraph (5) shall be treated for the purposes of the 2000 Regulations as a notice served under regulation 28(2) of the 2000 Regulations.
Duration of regulations 3 to 6
7
1
Subject to paragraph (2), regulations 3 to 6 shall cease to have effect on 1 November 2007 (“the sunset date”).
2
Where —
a
an operator has made or is deemed to have made an application for a permit to operate an installation containing an SED installation under regulation 10 of the 2000 Regulations; and
b
the application has not been determined prior to the sunset date,
regulation 6 shall continue to apply until the determination date for that installation.
3
In paragraph (2) “determination date” means —
a
for an SED installation or part of an SED installation, in relation to which a permit is granted, the date on which it is granted, whether in pursuance of the application, or, on an appeal, of a direction to grant it;
b
for an SED installation or part of an SED installation, in relation to which a permit is refused and the applicant for the permit appeals against the refusal, the date of the affirmation of the refusal;
c
for an SED installation or part of an SED installation, in relation to which a permit is refused and no appeal is made against the refusal, the date immediately following the last day, determined in accordance with paragraph 2 of Schedule 8 to the 2000 Regulations, on which notice of appeal might have been given;
d
for an SED installation or part of an SED installation, in relation to which an application is withdrawn in accordance with regulation 7(6) of the 2000 Regulations or deemed to have been withdrawn in accordance with paragraph 4 of Schedule 4 to the 2000 Regulations, the date the application is withdrawn or deemed to have been withdrawn.
Amendment to the Pollution Prevention and Control (England and Wales) Regulations 2000
8
1
The 2000 Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (Interpretation: general) —
a
in the definition of “change in operation” delete from “and “substantial change in operation”” to the end of the entry and substitute the following —
and “substantial change in operation” means, in relation to an installation or mobile plant, a change in operation which, in the opinion of the regulator, may have significant negative effects on human beings or the environment and shall include (except in relation to Part 1 of Schedule 3) —
in relation to a small SED installation which does not fall wholly within the scope of the IPPC Directive, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 25 per cent;
in relation to all other SED installations which do not fall wholly within the scope of the IPPC Directive, a change of the nominal capacity leading to an increase of emissions of volatile organic compounds of more than 10 per cent;
b
after the definition of “change in operation” insert the following —
“directly associated activity” means —
in relation to an activity carried out in a stationary technical unit and falling within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1, any directly associated activity which has a technical connection with the activity carried out in the stationary technical unit and which could have an effect on pollution; and
in relation to an SED activity, any directly associated activity which has a technical connection with the SED activity carried out on the same site and which could have an effect on any discharge of volatile organic compounds into the environment
;
c
delete the definition of “the Directive” and after the definition of “installation” insert the following —
“the IPPC Directive” means Council Directive 96/61/EC concerning integrated pollution prevention and control
;
d
for the definition of “installation” substitute the following —
“installation” means (except where used in the term SED installation) —
a stationary technical unit where one or more activities listed in Part 1 of Schedule 1 are carried out;
any other location on the same site where any other directly associated activities are carried out,
and, other than in Schedule 3, references to an installation include references to part of an installation;
;
e
in the definition of “mobile plant” before “Part 1” insert “sections 1.1 to 6.9 of”;
f
after the definition of “mobile plant” insert —
“new SED installation” and “existing SED installation” shall be interpreted in accordance with Schedule 3;
;
g
after the definition of “off-site condition” insert —
“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;
;
h
after the definition of “pollution” insert —
“reduction scheme” means a reduction scheme which complies with Annex IIB of the Solvent Emissions Directive;
;
i
after the definition of “revocation notice” insert —
“SED activity” means any activity falling within section 7 of Part 1 of Schedule 1;
“SED installation” means —
a stationary technical unit where one or more SED activities are carried out; and
any other location on the same site where any other directly associated activities are carried out;
“small SED installation” means an SED installation which falls within the lower threshold band of items 1, 3, 4, 5, 8, 10, 13, 16 or 17 of Annex IIA to the Solvent Emissions Directive or, for the other activities of Annex IIA, which have a solvent consumption of less than 10 tonnes/year;
“the Solvent Emissions Directive” means Council Directive 1999/13/EC on the limitation of emissions of volatile organic compounds due to the use of solvents in certain activities and installations;
; and
j
after the definition of “variation notice” insert —
“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;
.
3
For all occurrences of the words “the Directive” substitute “the IPPC Directive”.
4
In regulation 8 (discharge and scope of functions) —
a
in paragraph (4) after “and” insert “, subject to paragraph (4A),”;
b
after paragraph (4) insert —
4A
The functions conferred or imposed by these Regulations in relation to an SED installation shall be exercisable for the purpose of preventing or reducing emissions of volatile organic compounds into air, soil and water as well as preventing the inclusion of solvents, or reducing the amount of solvents contained, in any products.
;
c
in paragraph (7), after “paragraphs (4)” insert “, (4A)”.
5
In regulation 10(2) for the words “regulation 12” insert “regulation 12 or 12A”.
6
After Regulation 12, insert a new regulation (12A) as follows —
Conditions of permits: solvents
12A
— A permit authorising the operation of an SED installation shall contain such conditions as the regulator considers necessary to give effect to the provisions of the Solvent Emissions Directive.
7
In regulation 14 —
a
in paragraph (2) for “regulation 12” substitute “regulations 12 and 12A”;
b
in paragraph (3), for “regulation 12” substitute “regulations 12 and 12A”.
8
In regulation 17 —
a
in paragraph (1) for “regulations 11 and 12” substitute “regulations 11, 12 or 12A”;
b
in paragraph (4), for “regulations 11 and 12” substitute “regulations 11, 12 or 12A”.
9
Schedule 1 (Activities, Installations and Mobile Plant) shall be amended as follows —
a
at the end of Part 1 insert a new Section 7 as set out in Schedule 1 to these Regulations;
b
in paragraph 2 of Part 2, for sub-paragraph (2) substitute the following —
2
Sub-paragraph (1) shall not apply to —
i
an SED activity; or
ii
an activity which may give rise to an offensive smell noticeable outside the site where the activity is carried out.
;
c
in paragraphs 3, 4, 5, 6 and 7 of Part 2, before “Part 1” insert “sections 1.1 to 6.9 of”;
d
after paragraph 7 insert a new paragraph 7A —
7A
— An activity listed in Section 7 of Part 1 shall include the cleaning of equipment but, except for a surface cleaning activity, not the cleaning of products.
;
e
in paragraphs 9(4), 10(2) and (3) of Part 2, after “Part B” insert “(other than a description in Section 7)”;
f
for paragraph 21 of Part 3 substitute the following —
21
1
A Part B installation where an activity falling within Part B of Section 6.4 is carried out does not include any location where the associated cleaning of used storage drums prior to painting or their incidental handling in connection with such cleaning is carried out.
2
Sub-paragraph (1) shall not apply where the location referred to in that sub-paragraph forms part of an SED installation.
10
Schedule 3 (Prescribed Date and Transitional Arrangements) shall be amended as follows —
a
in paragraph 5 of Part 1,
i
in paragraph (1), for “sub-paragraph (2)” substitute “sub-paragraphs (2) and (3)”; and
ii
after sub-paragraph (2), insert a new sub-paragraph (3) as follows —
3
An operator may make an application before the beginning of the relevant period in accordance with regulation 3 of the Solvent Emissions (England and Wales) Regulations 2004
;
b
after Part 2 insert new Parts 3 and 4 as set out in Schedule 2 to these Regulations.
11
Schedule 4 shall be amended as follows —
a
in paragraph 1(1)(d), at the beginning insert “subject to sub-paragraph (3)” and delete from “(but excluding” to “Schedule 1)”;
b
in paragraph 1(1)(e), delete from “which will have a technical connection” to “pollution”;
c
in paragraph 1(1)(m), after “regulation 12” insert “or 12A”;
d
after paragraph 1(2) insert a new sub-paragraph (3) as follows —
3
The requirement in paragraph 1(1)(d) does not apply to any part of an application which relates to —
a
an activity falling within Part A(2) of Section 5.1 of Part 1 of Schedule 1; or
b
an SED activity or part of an SED activity (and any directly associated activities) which does not also fall within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and any directly associated activities).
;
e
after paragraph 1B insert a new paragraph as follows —
1C
1
An application for a permit to operate an installation which contains an SED installation shall include in addition a description of the measures which are envisaged to guarantee in respect of that installation that the installation is designed, equipped and will be operated in such a manner that the requirements of the Solvent Emissions Directive are met.
2
That description shall include —
i
where the operator wishes to use a reduction scheme, details of the proposed reduction scheme;
ii
where there is used in the SED installation a substance or preparation which, because of its content of VOC’s classified as carcinogens, mutagens, or toxic to reproduction under Directive 67/548/EEC as last amended by Commission Directive 98/98/EC is assigned or needs to carry the risk phrases R45, R46, R49, R60 or R61, a timetable for replacing as far as possible such substance or preparation by a less harmful substance or preparation within the shortest possible time taking into account any guidance published under Article 7 of the Solvent Emissions Directive.
3
Where the prescribed date for the installation is determined in accordance with paragraph 18(5) of Part 4 of Schedule 3 (determination of the prescribed date for an SED installation carrying out activities which are only partly also activities falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 and associated activities), sub-paragraph (1) shall not apply to an application to operate that part of the installation in which an activity falling within sections 1.1 to 6.9 of Part 1 of Schedule 1 is carried out.
;
f
after paragraph 3 insert a new paragraph as follows —
3A
— Paragraph 1(1) shall apply in relation to an application for a permit to operate an installation involving dry cleaning as defined in paragraph (2) of Part B of Section 7 of Part 1 of Schedule 1 (SED activities), as if, in so far as the installation is concerned with the carrying out of that activity, the following sub-paragraphs were substituted for sub-paragraphs (e) to (h) —
e
the name and model number, description and number, if any, of the dry cleaning machine, the date when it was installed, the name of its manufacturer and its rated capacity;
f
details of any spot cleaning to be undertaken and details of checking and maintenance procedures to be followed and of the supervision, training and qualifications of operating staff;
g
details of the solvents to be used, including a description of any risk phrase substance or preparation;
h
details of the arrangements for storing solvents prior to use, and used solvents and solvent-contaminated materials, including a description of the location where the materials are stored;
;
g
for paragraph 8, substitute the following —
8
Paragraph 5 shall not apply in relation to an application for a permit to operate an installation involving only —
a
the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts; or
b
the carrying out of an activity falling within paragraph (d) of Part B of Section 1.2 of Part 1 of Schedule 1 (unloading of petrol at service stations); or
c
dry cleaning as defined in paragraph (2) of Part B of Section 7 of Part 1 of Schedule 1 (SED activities).
;
h
for paragraph 10, substitute the following —
10
Paragraph 9 shall not apply in relation to an application for a permit to operate an installation involving only —
a
the burning of waste oil in an appliance with a rated thermal input of less than 0.4 megawatts;or
b
dry cleaning as defined in paragraph (2) of Part B of Section 7 of Part 1 of Schedule 1 (SED activities).
.
12
Schedule 7 shall be amended as follows —
a
after paragraph 2 insert a new paragraph 2A —
2A
— Paragraph 2 shall not apply in relation to a change in the operation of part of an installation which carries out an SED activity (and any directly associated activities) which does not also fall within any description in sections 1.1 to 6.9 of Part 1 of Schedule 1 (and any directly associated activities).
;
b
for paragraph 4(4), substitute the following —
4
This paragraph shall not apply in relation to an application for the variation of the conditions of a permit or a proposed variation notice relating to an installation involving only —
a
the burning of waste oil (as defined in Section 1.1 of Part 1 of Schedule 1) in an appliance with a rated thermal input of less than 0.4 megawatts; or
b
dry cleaning as defined in paragraph (2) of Part B of Section 7 of Part 1 of Schedule 1.
.
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
19th January 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Healthcare Audit and Inspection (Explanation, Statements of Action and Co-operation) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply to England and Wales.
3
In these Regulations —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“relevant Primary Care Trust” means, in relation to an NHS trust or NHS foundation trust , any Primary Care Trust the area of which falls wholly or partly within the area of the relevant Strategic Health Authority for that NHS trust or NHS foundation trust, where that Primary Care Trust has made arrangements to provide services with the NHS trust or NHS foundation trust;
“relevant Strategic Health Authority” means —
in relation to a Primary Care Trust —
where the area of the Primary Care Trust falls wholly within the area of a Strategic Health Authority, that Strategic Health Authority; or
where the area of the Primary Care Trust falls within the areas of two or more Strategic Health Authorities, each of those Strategic Health Authorities; and
in relation to an NHS trust or NHS foundation trust, the Strategic Health Authority in the area of which all or most of the hospitals, establishments and facilities of the NHS trust or NHS foundation trust are situated;
“service provider” means a person who provides, has provided or is to provide health care for an NHS body .
4
In this regulation, any reference to the area of a Primary Care Trust, or of a Strategic Health Authority, is a reference to the area for which the Primary Care Trust or Strategic Health Authority is established .
Power to require an explanation
2
1
The CHAI , or a person authorised by it, may require any of the persons prescribed in paragraph (4) to provide to the CHAI or the person so authorised (as the case may be) an explanation of —
a
any documents, records or items inspected, copied or provided under sections 66 to 68 of the Act;
b
any information provided under those sections; or
c
any matters which are the subject of the exercise of any functions of the CHAI under Chapter 3 of Part 2 of the Act (“Chapter 3”),
in circumstances where the CHAI considers the explanation necessary or expedient for the purposes of Chapter 3.
2
The CHAI or the person so authorised may require the explanation to be provided —
a
in person (unless the person required to provide the explanation is a body of persons corporate or unincorporate); or
b
in writing.
3
Where the CHAI or the person so authorised requires the explanation to be provided in person, the explanation shall be provided at a time and place specified by the CHAI, and the CHAI shall give the person required to provide the explanation reasonable notice of that time and place.
4
The persons prescribed are —
a
an NHS body;
b
a chairman, member, director or employee of an NHS body other than an NHS foundation trust;
c
a chairman, director or employee of an NHS foundation trust;
d
a member of a committee or sub-committee of an NHS body other than an NHS foundation trust;
e
a member of a committee or sub-committee of the board of directors of an NHS foundation trust;
f
a service provider;
g
a chairman, director or employee of a service provider;
h
a person (other than a person prescribed in sub-paragraph (g)) who is assisting a service provider in the provision of health care for an NHS body;
i
a local authority or a member or officer of a local authority;
j
an elected mayor of a local authority within the meaning of section 39(1) of the Local Government Act 2000 ;
k
a person (other than a person prescribed above) who is assisting an NHS body in the exercise of its functions.
Statement as to action to be taken by an English NHS body or cross-border SHA
3
1
Where the CHAI has conducted —
a
under section 52(2)(c) of the Act, a review of, or investigation into, the provision of health care by or for a particular English NHS body or cross-border SHA ; or
b
under section 52(3) of the Act, a review of the arrangements made by an English NHS body or cross-border SHA for the purpose of discharging its duty under section 45 of the Act,
and has published a report relating to that review or investigation, the English NHS body or cross-border SHA in question shall, in accordance with the following paragraphs, publish a statement as to the action it proposes to take as a result of the review or investigation (“the statement”).
2
Before an English NHS body (other than an NHS foundation trust) or cross-border SHA publishes the statement, it shall obtain consent to publication from —
a
in the case of an NHS trust or Primary Care Trust, the relevant Strategic Health Authority;
b
in the case of a Strategic Health Authority, the Secretary of State;
c
in the case of a Special Health Authority performing functions only or mainly in respect of England, the Secretary of State;
d
in the case of a cross-border SHA, the Secretary of State and the Assembly ,
(and the person from whom consent to publication is required is referred to below as the “appropriate person”).
3
Where consent to publication is required under paragraph (2), the English NHS body or cross-border SHA shall, within the period of 28 days beginning with the date on which the CHAI’s report is published, prepare a draft of the statement and send the draft to the appropriate person with a request to that person to consent to publication in the form of the draft, or to propose changes to it.
4
An English NHS body (other than an NHS foundation trust) shall publish the statement within the period of 7 days beginning with the date on which it is informed by the appropriate person that that person consents to publication of the statement in the form in which that body proposes to publish it (whether or not that form is different from the form of the draft sent to that person under paragraph (3)).
5
A cross-border SHA shall publish the statement within the period of 7 days beginning with the date on which it is informed by the Secretary of State and the Assembly that those persons consent to publication of the statement in the form in which that cross-border SHA proposes to publish it (whether or not that form is different from the form of the draft sent to those persons under paragraph (3)) or, where the cross-border SHA is so informed by each of those persons on different dates, within the period of 7 days beginning with the later of those dates.
6
An NHS foundation trust shall publish the statement within the period of 56 days beginning with the date on which the CHAI’s report is published.
7
The English NHS body or cross-border SHA in question shall send a copy of the published statement to —
a
the CHAI;
b
in the case of an NHS foundation trust, the regulator and the relevant Primary Care Trust;
c
in the case of an NHS trust, the relevant Primary Care Trust and the Secretary of State;
d
in the case of a Primary Care Trust, the Secretary of State; and
e
any other person or body exercising statutory functions to whom the English NHS body or cross-border SHA in question considers that the statement should be copied.
Pooling of financial resources by the CHAI and the CSCI
4
1
The CHAI and the CSCI may enter into arrangements under section 120(4) of the Act for the pooling of financial resources, if the two conditions prescribed in paragraphs (2) and (3) are met.
2
The first condition is that the CHAI and the CSCI have entered into an agreement specifying —
a
the purposes for which the pooled resources (referred to below as the “pooled fund”) are to be used;
b
the contributions that they are each to make to the pooled fund;
c
any staff, goods, services or accommodation that either of them is to provide in connection with the arrangements;
d
the duration of the arrangements, and how the arrangements are to be reviewed, varied or terminated; and
e
how the pooled fund is to be managed and monitored, including provision for one of the CHAI or the CSCI (“the host partner”) to be responsible for the preparation of accounts for the pooled fund and for arranging the audit of those accounts.
3
The second condition is that the host partner has appointed an officer to be responsible for submitting to the CHAI and the CSCI quarterly reports, an annual return about the income of, and expenditure from, the pooled fund, and such other information specified by the CHAI or the CSCI as will assist the CHAI or the CSCI (as the case may be) in monitoring the effectiveness of the arrangements.
Signed by authority of the Secretary of State
Warner
Parliamentary Under-Secretary of State,
Department of Health
2nd March 2004


text:
Citation, commencement, and application
1
1
These Regulations may be cited as the LEA Budget, Schools Budget and Individual Schools Budget (Wandsworth) (Amendment) Regulations 2004 and shall come into force on 31st March 2004.
2
These Regulations amend the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003 (“the Regulations”) in relation to Wandsworth London Borough Council, and apply in relation to the financial year beginning on 1st April 2004.
Amendment
2
In respect of Wandsworth London Borough Council the words “plus £316,000” are added after the formula in paragraph 1 of Schedule 2 to the Regulations.
David Miliband
Minister of State,
Department for Education and Skills
18th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) Regulations 2004 and shall come into force on 6th August 2004.
Application
2
1
These Regulations apply in England only.
2
These Regulations apply in relation to any person (“the appointed person”) who is or has been appointed to conduct, or is or has been appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration, and travelling or subsistence allowances (if any) in respect of that appointment are to be paid to him by the local planning authority causing the examination to be held.
3
These Regulations prescribe the sums payable in relation to any day on which an appointed person is engaged in the conduct of, or is otherwise engaged on work connected with, an examination in public and which is the day on which these Regulations come into force or any day after that day.
Standard daily amount
3
The standard daily amount prescribed under section 303A(8) of the 1990 Act is £342.
Travelling allowances
4
The travelling allowance prescribed under section 303A(8) of the 1990 Act in respect of the appointed person is —
a
where he travels by means of his own private motor car, or such a vehicle for his use, in connection with the examination in public —
i
where it is not reasonably practicable for him to travel by means of rail, bus or coach, 40 pence for each mile up to 10,000 miles and 25 pence for each mile in excess of 10,000;
ii
where it is reasonably practicable for him to travel by means of rail, bus or coach, 25 pence per mile;
iii
if he is accompanied by a passenger who is also an appointed person, the appointed person who is not a passenger is entitled to an additional allowance of 5 pence for each mile he travels in connection with the examination in public for every passenger.
b
where he travels by means of his own private motor cycle, or such a vehicle for his use, 24 pence per mile;
c
where he travels by means of a pedal cycle, 20 pence per mile;
d
where he travels by means of transport other than that described in sub-paragraphs (a), (b) or (c), the actual cost of first class or other class of rail, bus, coach or taxi fares which he incurs except that taxi fares are included within such an allowance only to the extent that it is not reasonably practicable for the appointed person to travel by means of rail, bus or coach.
Subsistence allowance
5
1
The subsistence allowance prescribed under section 303A(8) of the 1990 Act, except as specified in paragraph (2), in respect of absence of the appointed person from his usual place of residence for the period described in the first column of the table in the Schedule to these Regulations, is the actual cost of meals consumed by that person during that period or the amount specified in relation to it in the second column of the Schedule, whichever is the less.
2
For each complete period of 24 hours the appointed person necessarily spends away from his usual place of residence to enable him to conduct the business of the examination in public he shall be entitled to allowances of —
a
the actual cost of accommodation and meals during that period, subject to a maximum amount of —
i
£95 per night spent away from his place of residence, where the examination in public is in the area of the London boroughs, the City of London, the City of Westminster, the Inner Temple or the Middle Temple;
ii
£75 per night where the examination in public is in any other area; or
iii
£25 per night where the appointed person stays with friends or relatives; and
b
£5 for incidental expenses.
Signed by authority of the First Secretary of State
Keith Hill
Office of the Deputy Prime Minister
5th July 2004


text:
1
This Order may be cited as the Severn Bridges Tolls Order 2004 and shall, in accordance with section 9(2)(b) of the Severn Bridges Act 1992 (in this Order referred to as “ the Act ”), come into force on 1st January 2005.
2
The tolls leviable in respect of vehicles within the categories referred to in section 8(1) of the Act using either of the bridges shall be as follows:
Category 1 vehicles £4.80 Category 2 vehicles £9.60 Category 3 vehicles £14.30
3
The Severn Bridges Tolls Order 2003 is hereby revoked.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th December 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Town and Country Planning (Transitional Arrangements) (England) Regulations 2004 and shall come into force on 28th September 2004.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“the 2004 Act ” means the Planning and Compulsory Purchase Act 2004;
“the 1999 Regulations ” mean the Town and Country Planning (Development Plan) (England) Regulations 1999 ;
“Chapter 1” means Chapter 1 of Part 2 of the Town and Country Planning Act 1990 ;
“Chapter 2” means Chapter 2 of Part 2 of the Town and Country Planning Act 1990; and
“Schedule 8” means Schedule 8 to the 2004 Act.
Structure plans
3
Subject to the amendments set out in the Schedule to these Regulations, the 1999 Regulations shall continue to apply to proposals to which paragraph 2 of Schedule 8 applies.
Unitary development plans
4
1
The 1999 Regulations shall continue to apply as regards proposals in relation to which the provisions of Chapter 1 continue to have effect by virtue of paragraph 4 of Schedule 8.
2
Subject to the amendments set out in the Schedule to these Regulations, the 1999 Regulations shall continue to apply as regards proposals in relation to which the provisions of Chapter 1 continue to have effect by virtue of paragraph 5 of Schedule 8.
Local plans
5
1
The 1999 Regulations shall continue to apply as regards proposals in relation to which the provisions of Chapter 2 continue to have effect by virtue of paragraph 9 of Schedule 8.
2
Subject to the amendments set out in the Schedule to these Regulations, the 1999 Regulations shall continue to apply as regards proposals in relation to which the provisions of Chapter 2 continue to have effect by virtue of paragraph 10 of Schedule 8.
Local development documents prepared before commencement
6
1
Subject to paragraph (2), any step taken or purportedly taken for the purposes of Part 2 of the 2004 Act before the date on which these Regulations come into force shall be treated, on and after that date, as having been taken after that date.
2
Subject to paragraph (3), the local planning authority by which the step was taken or purportedly taken must —
a
prepare —
i
as described in regulation 17(1) of the Town and Country Planning (Local Development) (England) Regulations 2004 , a statement about the participation of the public in the preparation of a local development document (referred to in those Regulations as a supplementary planning document); and
ii
as described in regulation 18(4)(b) of those Regulations, a statement about representations made on a supplementary planning document;
b
make the statements mentioned in sub-paragraph (a) available for inspection and arrange for their publication, as described in such other provisions of regulations 17 to 19 of those Regulations as they relate to supplementary planning documents;
c
prepare —
i
as described in regulation 28(1)(c) of those Regulations, a statement about pre-submission consultation matters required for the preparation of a local development document (referred to in those Regulations as a development plan document); and
ii
as described in regulation 28(1)(d) of those Regulations, a statement about representations made on proposals for a development plan document;
d
take, as regards the statements referred to in sub-paragraph (c), such other steps as are required by regulation 28 of those Regulations to be taken as regards development plan documents.
3
Nothing in paragraph (2) requires the authority to satisfy the requirements of section 19(1) of the 2004 Act.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
26th August 2004


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 and shall come into force on 1st March 2004.
Amendments
2
The Road Vehicles (Registration and Licensing) Regulations 2002 shall be further amended in accordance with the following provisions of these regulations.
Issue of replacement registration document
3
In regulation 13, after paragraph (2) there shall be added —
2A
An application for the issue of a replacement registration document under this regulation shall be accompanied by a fee of £19.
.
Correction of registration document
4
In regulation 14 —
a
after paragraph (2) there shall be added —
2A
Where the registration document has been, or may have been, lost, stolen or destroyed, notification under paragraph (1) shall be accompanied by an application for the issue of a new registration document and a fee of £19.
;
b
in paragraph (3)(a) the words “in accordance with paragraph (2)” shall be omitted;
c
for paragraph (3)(c) there shall be substituted —
c
after correcting the particulars in the register, he shall, provided that paragraphs (2) or (2A) have been complied with, and subject to regulation 15, issue a new registration document containing the correct particulars to the registered keeper.
.
Notification of an alteration to a vehicle
5
In regulation 16 —
a
in paragraph (1)(b) for the word “is” there shall be substituted the words “has been, or may have been,”;
b
after paragraph (1) there shall be added —
1A
Where the registration document has been, or may have been, lost, stolen or destroyed, notification under paragraph (1) shall be accompanied by an application for the issue of a new registration document and a fee of £19.
;
c
in paragraph (4)(c) —
i
for the word “send” there shall be substituted the word “issue”, and
ii
after the word “vehicle” there shall be added the word “licence”.
Notification of a change of the keeper’s name or address
6
In regulation 18 —
a
in paragraph (1) after the word “been” there shall be added the words “, or may have been,”;
b
after paragraph (1) there shall be added —
1A
Where the registration document has been, or may have been, lost, stolen or destroyed, notification under paragraph (1) shall be accompanied by an application for the issue of a new registration document and a fee of £19.
;
c
in paragraph (2) for the words “paragraph (1)” there shall be substituted the words “this regulation”.
Change of keeper
7
In regulation 21 —
a
in paragraph (3) the words “(or otherwise in writing)” shall be omitted;
b
after paragraph (3) there shall be added —
3A
Where that part of the registration document which relates to a change of keeper has been, or may have been, lost, stolen or destroyed, notification in accordance with paragraph (3) shall be effected by an application to the Secretary of State for the issue of a new registration document accompanied by a fee of £19.
3B
On receiving notification in accordance with paragraphs (3) or (3A), the Secretary of State shall, subject to regulation 15 —
a
record the change in the register, and
b
issue to the new registered keeper a new registration document.
.
8
In regulation 22, after paragraph (2) there shall be added —
3
Where all parts of the registration document have been, or may have been, lost, stolen or destroyed, the new keeper shall submit an application to the Secretary of State for the issue of a new registration document accompanied by a fee of £19.
4
Where the new keeper can produce to the Secretary of State that part of the document marked as the part which is to be given to the new keeper, the new keeper may submit an application to the Secretary of State for the issue of a new registration document accompanied by that part.
5
On receiving notification of a change in keeper in accordance with paragraphs (2), (3) or (4), the Secretary of State shall, subject to regulation 15 —
a
record the change in the register, and
b
issue to the new registered keeper a new registration document.
.
9
In regulation 24 —
a
in paragraph (2) the words “or otherwise in writing” shall be omitted;
b
after paragraph (2) there shall be added —
2A
Where the registration document has been, or may have been, lost, stolen or destroyed, notification in accordance with paragraph (2) shall be effected by an application to the Secretary of State for the issue of a new registration document accompanied by a fee of £19.
;
c
after paragraph (5) there shall be added —
6
Where all parts of the registration document have been, or may have been, lost, stolen or destroyed, the new keeper shall submit an application to the Secretary of State for the issue of a new registration document accompanied by a fee of £19.
7
Where the new keeper can produce to the Secretary of State that part of the document marked as the part which is to be given to the new keeper, the new keeper may submit an application to the Secretary of State for the issue of a new registration document accompanied by that part.
8
On receiving notification of a change in keeper in accordance with paragraphs (2), (2A), (5), (6) or (7), the Secretary of State shall, subject to regulation 15 —
a
record the change in the register, and
b
issue to the new registered keeper a new registration document.
.
10
In regulation 25 —
a
in paragraph (1)(b)(i) for the words “, if the registration document is in his possession, deliver it” there shall be substituted the words “deliver the registration document”;
b
after paragraph (1) there shall be added —
1A
Where the registration document has been, or may have been, lost, stolen or destroyed, notification under paragraph (1)(b)(i) shall be accompanied by an application to the Secretary of State for the issue of a new registration document and a fee of £19.
;
c
after paragraph (2) there shall be added —
2A
Where a vehicle trader cannot comply with paragraph (2) because the registration document has been, or may have been, lost, stolen or destroyed, he shall submit an application to the Secretary of State for the issue of a new registration document accompanied by a fee of £19.
2B
On receiving notification of a change of keeper in accordance with paragraphs (1)(b)(i), (1A), (2) or (2A), the Secretary of State shall, subject to regulation 15 —
a
record the change in the register, and
b
issue to the new registered keeper a new registration document.
.
Registration of Crown vehicles
11
In regulation 30, for paragraph 5 there shall be substituted —
5
Where a Government department is the registered keeper of a vehicle —
a
regulations 13, 14, 15, 16 and 18 shall apply;
b
regulations 20, 21, 22, 23, 24 and 25 shall apply on a change in the keeper of a vehicle; and
c
regulations 20, 21, 22 and 25 shall apply on a change in the keeper of a vehicle from one Government department to another.
.
Signed by the authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
4th February 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Regulations 2004 and shall come into force on 1st April 2004.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Agency” means the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) established by the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) (Establishment and Constitution) Order 2004 ;
“appropriate authority” means —
in relation to England, the Secretary of State for Health; and
in relation to Wales, the National Assembly for Wales;
“the chairman” means, unless the context otherwise requires, the chairman of the Agency;
“the FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the Act ;
“health service body” means —
a Strategic Health Authority , Special Health Authority , Primary Care Trust , NHS trust , Local Health Board or NHS foundation trust ,
a Health Board or Special Health Board constituted under section 2 of the National Health Service (Scotland) Act 1978 or the Scottish Dental Practice Board, the Common Service Agency for the Scottish Health Service or an NHS trust constituted under, respectively, sections 4, 10 or 12A of that Act ,
the Dental Practice Board constituted under section 37(1) of the Act ,
the Commission for Health Improvement ,
the Commission for Healthcare Audit and Inspection ,
the Public Health Laboratory Service Board ,
the Secretary of State,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972 ,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990 ,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 , and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means, unless the context otherwise requires, a member of the Agency other than the chairman;
“national NHS disqualification” means —
a decision made by the FHSAA under section 49N of the Act ,or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“NHS Pension Scheme” means the National Health Service Pension Scheme for England and Wales
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales;
“non-officer member” means a member who is not an officer of the Agency; and
“primary care list” means —
a list referred to in section 49N(1)(a) to (c) of the Act,
a list of persons undertaking to provide general medical services prepared in accordance with regulations under section 29 of the Act as the list existed on or before 31st March 2004,
a list of persons approved by a Primary Care Trust for the purpose of assisting in the provision of general medical services prepared in accordance with regulations under section 43D(1)of the Act as the list existed on or before 31st March 2004, or
a services list referred to in section 8ZA(1)(a) of the National Health Service (Primary Care) Act 1997 as the list existed on or before 31 March 2004.
Appointment and tenure of office of chairman and members
2
1
The chairman and non-officer members shall be appointed by the Secretary of State.
2
Subject to regulation 5 (termination of tenure of office of chairman and non-officer members), the term of office of the chairman and non-officer members shall be such period, not exceeding 4 years, as the Secretary of State shall specify on making the appointment.
3
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of his office, be eligible for re-appointment.
4
The chairman and non-officer members shall appoint the members who are officers of the Agency.
Disqualification for appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
he is the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order;
c
he has been dismissed within the previous 5 years, otherwise than by reason of redundancy, from any paid employment with a health service body;
d
he is a person whose tenure of office as the chairman, a member, a director or a governor of a health service body has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body or of the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body for 3 successive meetings, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is the subject of a national NHS disqualification,
ii
was refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act and was not subsequently nominated or approved or included in a primary care list ,
iii
has been refused admission to a primary care list on grounds corresponding to the conditions referred to in section 49F(2), (3) or (4) of the Act and has not subsequently been included in a primary care list,
iv
is conditionally included in a primary care list ,
v
has been removed from a primary care list on any of the grounds set out in section 49F(2),(3) or (4) of the Act or by a direction of the NHS Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list , or
vii
is suspended from a primary care list or treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 or regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in legislation relating to Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (disabilities on revocation of administration order against an individual);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body;
h
he is a member of the NHS Pension Scheme unless he is in receipt of benefits under the Scheme and is no longer eligible to contribute to the Scheme.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a non-officer member of, or in the case of an NHS trust, the chairman or a non-executive director of, or in the case of an NHS foundation trust, the chairman, a governor or a non-executive director of, the health service body in question.
Cessation of disqualification
4
1
Subject to paragraph (3), where a person is disqualified under regulation 3(1)(c) he may, after the expiry of two years beginning on the date on which he was dismissed, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
2
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
3
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date of the termination of his tenure of office or such longer period as the Secretary of State specifies when terminating his period of office but the Secretary of State may, on application being made to him by that person, reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Agency or of the health service that the chairman or non-officer member should continue to hold office, the Secretary of State may forthwith terminate his tenure of office by giving him notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend three successive meetings of the Agency the Secretary of State shall forthwith terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Agency within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment or later he was so disqualified, the Secretary of State shall forthwith declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may forthwith terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of vice-chairman
6
1
The chairman and members may appoint one of the non-officer members to be vice-chairman for such period, not exceeding the remainder of his term as a member, as they may specify on electing him.
2
Any member so appointed may at any time resign from the office of vice-chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in the Schedule to these Regulations shall, so long as there is no chairman available to perform his duties, be taken to include references to the vice-chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the appropriate authority, the Agency may, and if so directed by the appropriate authority, shall, appoint committees of the Agency consisting wholly or partly of members of the Agency or wholly of persons who are not members of the Agency.
2
A committee appointed under this regulation may, subject to such directions as may be given by the appropriate authority or the Agency, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Agency) or wholly of persons who are not members of the Agency or the committee.
3
Subject to such directions as may be given by the appropriate authority, regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Agency.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the appropriate authority, the Agency may make arrangements for the exercise, on behalf of the Agency, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Agency, in each case subject to such restrictions and conditions as the Agency thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Agency shall be conducted in accordance with the rules set out in the Schedule to these Regulations and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability of chairman and members in proceedings on account of pecuniary interest) and to such directions as may be given by the appropriate authority, the Agency shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of all or any of the Standing Orders.
3
Subject to such directions as may be given by the appropriate authority, the Agency may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Agency; but subject to such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Agency to which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The appropriate authority may, subject to such conditions as the appropriate authority may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to the appropriate authority to be in the interests of the health service that the disability should be removed.
3
The Agency may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Agency while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 to Schedule 5 of the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if —
a
he, or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
he is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Agency and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Agency) as it applies to a member of the Agency.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debenture; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Agency
11
The Agency shall make such reports to the appropriate authority in such manner and at such time as the appropriate authority may direct, and shall furnish to the appropriate authority such information as the appropriate authority may from time to time require.
Public meeting
12
If, under regulation 11, the appropriate authority directs the Agency to make an annual report to the appropriate authority for any particular year or for each year, the Agency shall present the report at a public meeting held not later than 30 days after the date on which the report was made.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
10th March 2004
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
John Marek
The Presiding Officer of the National Assembly
9th March 2004


text:
Citation
1
This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Overseas Territories) Order 2004.
Extent and interpretation
2
1
This Order shall extend to the territories listed in Schedule 1.
2
In the application of this Order to any of the said territories —
a
“the Territory” means that territory;
b
any reference to “the Governor” means the Governor or other officer administering the Government of that territory; and
c
any reference to the official gazette of a Territory includes a reference to any form in which official information is normally made available in that Territory.
3
The Governor may by regulations specify in the currency of the Territory the amount which is to be taken as equivalent to the sums expressed in sterling in Schedule 2 or, as applicable, in Schedule 4.
Extension of Order to territories
3
The Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 (the “ UK Order”), as modified in Schedule 2, extends to the territories listed in Schedule 1.
Guidance about the exercise of functions under this Order
4
Section 9 of the Export Control Act 2002 (guidance about the exercise of functions under control orders), as modified in Schedule 3, extends to the territories listed in Schedule 1.
Application to the Sovereign Base Areas of Akrotiri and Dhekelia of provisions relating to penalties for offences and proceedings
5
Schedule 4 shall have effect for the application of articles 16, 17, 18 and 19 of the UK Order, as modified in Schedule 2, to the Sovereign Base Areas of Akrotiri and Dhekelia.
Duty to make available Schedules
6
The Governor shall make available to persons in the Territory, in such manner as he may think fit, the provisions of Schedules 1, 2 and 3, and Part 1 of Schedule 4, to the UK Order as from time to time in force in the law of the United Kingdom.
European Community matters
7
1
The Governor shall make available to persons in the Territory, in such manner as he may think fit —
a
the text of Council Regulation ( EC ) No. 1334/2000 of 22nd June 2000 , together with the text of any amending Council Regulations, whether those Regulations were made before or after the coming into force of this Order in the Territory;
b
a list of those countries which are for the time being Member States of the European Community; and
c
a list of the competent authorities empowered by each member state to authorise exports under Council Regulation (EC) No. 1334/2000 of 22nd June 2000.
2
A certificate given by or on behalf of the Governor in pursuance of sub-paragraph (1)(a), (b) or (c), or as to whether a place is within or outside the European Community, shall be conclusive evidence of the matters stated therein for the purposes of this Order, and a document purporting to be such a certificate shall, in any proceedings, be received in evidence and, unless the contrary is proved, be deemed to be such a certificate.
Exercise of powers of the Governor
8
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate, or authorise the delegation of, any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Excise Duties (Road Fuel Gas) (Reliefs) Regulations 2004 and come into force on 1st September 2004.
Interpretation
2
In these Regulations —
“duty” means the duty of excise charged by section 8(1) or (2) of the Oil Act ;
“the Oil Act” means the Hydrocarbon Oil Duties Act 1979.
Relief
3
1
Relief from the duty on relevant road fuel gas is afforded in accordance with this regulation as follows —
a
in the case of natural road fuel gas, £0.0210 a kilogram is remitted; and
b
in the case of any other road fuel gas, £0.0403 a kilogram is remitted.
2
In paragraph (1), “relevant road fuel gas” means road fuel gas that is charged to duty on a day that is —
a
on or after 1st September, and
b
before the relevant day.
3
In paragraph (2), “the relevant day” means —
a
in the case of natural road fuel gas, the day with effect from which the rate of duty prescribed by section 8(3)(a) of the Oil Act is no longer £0.1110 per kilogram; and
b
in the case of any other road fuel gas, the day with effect from which the rate of duty prescribed by section 8(3)(b) of the Oil Act is no longer £0.1303 per kilogram.
MW Norgrove
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
6th August 2004


text:
Citation
1
This Order may be cited as the Planning and Compulsory Purchase Act 2004 (Commencement No. 3) Order 2004.
Provisions coming into force
2
To the extent to which they have not already been commenced, the following provisions of the Planning and Compulsory Purchase Act 2004 shall come into force on 31 October 2004:
a
Part 8;
b
section 111(2);
c
in Schedule 6, paragraph 7;
d
in Schedule 7, paragraphs 4, 5, 7, 9, 10(1) to (6), 11(4) and (5), 12 to 15, 18, and 21; and
e
in Schedule 9, the repeals relating to —
i
the Land Compensation Act 1973 ;
ii
the Welsh Development Agency Act 1975 ;
iii
the Local Government, Planning and Land Act 1980 ;
iv
the Highways Act 1980 ;
v
the Housing Act 1988 ;
vi
in the Town and Country Planning Act 1990 , sections 226 and 245;
vii
in the Planning and Compensation Act 1991 , Schedule 18;
viii
the Leasehold Reform, Housing and Urban Development Act 1993 ; and
ix
the Regional Development Agencies Act 1998 .
Signed by the authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
4th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Child Trust Funds (Amendment No. 2) Regulations 2004 and shall come into force on 6th April 2005.
Amendments to the Child Trust Funds Regulations 2004
2
The Child Trust Funds Regulations 2004 are amended as follows.
3
In regulation 13(11) add at the end “and shall be treated as a party to the existing management agreement for the account in question”.
4
In regulation 33 add at the end —
8
Regulations 34 and 35 shall apply to local authorities, as if, in those regulations, for —
a
“relevant person” there were substituted “local authority”; and
b
references to an account or account investments there were substituted references to returns, forms or children mentioned in this regulation and regulation 33A,
so far as the Board may reasonably require information to be provided or records to be made available for the purposes of this regulation and regulation 33A.
.
5
After regulation 33 insert —
The Official Solicitor or Accountant of Court to be the person who has the authority to manage an account
33A
1
Every local authority shall be under a duty to —
a
identify any child born after 31st August 2002 and under 16, who falls within the circumstances specified in paragraph (2) and, for each such child,
b
deliver a form (as part of the return required by regulation 33(2) or (4), as the case may be) in accordance with paragraph (3)(a).
2
The circumstances specified are where —
a
the child is looked after (in Scotland, looked after and accommodated) by the local authority, and
b
at least one of the following conditions is satisfied.
Condition 1
There is no person, or no person other than the local authority, who has parental responsibility (in Scotland, parental responsibilities) for the child.
Condition 2
It is part of the care plan for the child that —
a
the child will live indefinitely away from home (or his former home), and
b
the child will not have face to face contact with any parent having parental responsibility (in Scotland, parental responsibilities) for the child.
Condition 3
An order has been made under section 34(4) of the Children Act 1989 or Article 53(4) of the Children (Northern Ireland) Order 1995 , authorising the local authority to refuse to allow contact between the child and any person with parental responsibility (or, in Scotland, a supervision requirement made with a condition regulating contact under section 70(5)(b) of the Children (Scotland) Act 1995 that the child shall have no contact with a person with parental responsibilities), and there is no other individual with parental responsibility (in Scotland, parental responsibilities) for the child to act as registered contact.
Condition 4
The Court of Protection has —
a
appointed a receiver for a person with parental responsibility for the child, or
b
determined that such a person is a “patient” for the purposes of Part 7 of the Mental Health Act 1983 ,
and there is no other individual with parental responsibility for the child to act as registered contact.
In Scotland, in this Condition for —
a
“Court of Protection” substitute “Sheriff”,
b
“receiver” substitute “guardian appointed under section 58 of the Adults with Incapacity (Scotland) Act 2000 ”,
c
the reference to a patient, substitute “incapable for the purposes of the Adults with Incapacity (Scotland) Act 2000,” and
d
“parental responsibility” substitute “parental responsibilities”.
Condition 5
The child has been lost or abandoned, and there is no prospect for the foreseeable future of reunification of the child with a parent having parental responsibility (in Scotland, parental responsibilities) for the child.
In this Condition, “lost or abandoned” —
a
in England and Wales, has the meaning in section 20(1)(b) of the Children Act 1989;
b
in Northern Ireland, has the meaning in Article 21(1)(b) of the Children (Northern Ireland) Order 1995; and
c
in Scotland, has the meaning in section 25(1)(b) of the Children (Scotland) Act 1995.
3
Where —
a
the local authority (by a means authorised by regulation 33) delivers to the Board a form specified by the Board, giving particulars of the child and of the circumstances specified in paragraph (2) relevant to the child, and
b
the Board (subject to checking and if necessary correcting the contents of the form) delivers it to the Official Solicitor (where the child is in England and Wales or Northern Ireland) or the Accountant of Court (where the child is in Scotland),
the Official Solicitor or Accountant of Court, as the case may be, shall be the person who has the authority to manage the child’s account for the purposes of section 3(6)(b) of the Act.
4
The Official Solicitor or Accountant of Court shall cease to be the person who has the authority to manage the child’s account (and shall be discharged from the duties of registered contact) where —
a
the child attains the age of 16,
b
in any case where the child is under 16 and still looked after (in Scotland, looked after and accommodated) by a local authority —
i
the local authority confirms to the Official Solicitor or Accountant of Court that there is a named responsible person in relation to the child, who is able to be the registered contact for the child’s account, and that none of the Conditions in paragraph (2) applies, and
ii
the Official Solicitor or Accountant of Court cancels his declaration and authorisation in accordance with regulation 13(7) and is replaced as registered contact by that responsible person, in accordance with regulation 13(10), or
c
in any case where the child is under 16 and is not looked after (in Scotland, looked after and accommodated) by a local authority —
i
a responsible person for the child provides evidence to the satisfaction of the Official Solicitor or Accountant of Court, as the case may be, that he has parental responsibility for the child, and
ii
the Official Solicitor or Accountant of Court cancels his declaration and authorisation in accordance with regulation 13(7) and is replaced as registered contact by that responsible person, in accordance with regulation 13(10).
5
A local authority shall, for the purposes of paragraph (4), confirm to the Official Solicitor or Accountant of Court, as the case may be —
a
whether the child is still looked after (in Scotland, looked after and accommodated) by the authority, and
b
the identity of the person or persons who had parental responsibility for the child at the date when he ceased to be looked after (in Scotland, looked after and accommodated) by the authority (or, at the option of the authority, any later date).
6
Expressions defined in regulation 33 shall bear the same meanings in this regulation.
.
6
In the Schedule to the Regulations —
a
after paragraph 2(2)(ba) insert —
baa
when the Bank of England base rate increases, the interest rate on investments referred to in regulation 12(2)(k) and (l) (cash deposited in a deposit account or in a share account) must be raised within one month of the date of that increase ;
;
b
in paragraph 2(2)(bb)(i) for “or (d)” substitute “, (d) or (e)”;
c
in paragraph 2(2)(bb)(ii) omit “, (e)”.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
21st December 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North Essex Mental Health Partnership National Health Service Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the North Essex Mental Health Partnership National Health Service Trust;
“the new Trust” means the Tendring Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 22nd December 2003 and on behalf of the new Trust on 29th December 2003;
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State
Department of Health
28th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Community Bus (Amendment) Regulations 2004 and shall come into force on 1st October 2004.
Amendments
2
1
The Community Bus Regulations 1986 are amended as follows.
2
In regulation 4(1), substitute “£44” for “£39”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
31st August 2004


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) Order 2004 and shall come into force on 1 st August 2004.
Revision of codes of practice
2
Subject to article 3, the revised codes of practice laid before Parliament on 27 th May 2004 in connection with the matters referred to in–
a
section 60(1)(a) of the Act (tape recording of interviews with suspects– Code E);
b
section 60A(1)(a) of the Act (visual recording with sound of interviews with suspects – Code F);
c
section 66(1)(a) of the Act (exercise by police officers of statutory powers of stop and search – Code A);
d
section 66 (1)(b) of the Act–
i
(detention, treatment and questioning of persons by police officers – Code C); and
ii
(identification of persons by police officers – Code D);
e
section 66(1)(c) and (d) of the Act (searching of premises by police officers and the seizure of property found by police officers on persons or premises - Code B);
shall come into operation on 1 st August 2004.
Transitional provisions
3
1
The revised code of practice referred to in article 2(a) shall apply to any procedures to which the code relates which are carried out after midnight on 31st July 2004, notwithstanding that such a procedure may have commenced before that time.
2
The revised code of practice referred to in article 2(b) shall apply to any procedures to which the code relates which are carried out after midnight on 31st July 2004, notwithstanding that such a procedure may have commenced before that time.
3
The revised code of practice referred to in article 2(c) shall apply to any procedures to which the code relates which are carried out after midnight on 31st July 2004.
4
The revised code of practice referred to in article 2(d)(i) shall apply to persons in police detention after midnight on 31st July 2004, notwithstanding that their period of detention may have commenced before that time.
5
The revised code of practice referred to in article 2(d)(ii) shall apply to any procedures to which the code relates which are carried out after midnight on 31st July 2004.
6
The revised code of practice referred to in article 2(e) shall apply–
a
to any application for a warrant to search premises made after 31st July 2004; and
b
to any search of premises or seizure of property taking place after midnight on 31st July 2004, notwithstanding that the search or seizure in question may have taken place in pursuance of a warrant granted or applied for before that time.
Revocations
4
The following Orders are hereby revoked–
a
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Visual Recording of Interviews) Order 2002 ;
b
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Statutory Powers of Stop and Search) Order 2002 ;
c
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) ( No. 2) Order 2003 ;
d
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Codes C and D) (Certain Police Areas) Order 2003 ; and
e
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Codes C and D) (Certain Police Areas) (Amendment) Order 2004 .
Home Office
Hazel Blears
Minister of State
16th July 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Pensions (Amendment) Regulations 2004.
2
These Regulations shall come into force on 1st July 2004 but —
a
the amendments made by Part 1 of the Schedule shall have effect from 10th November 2003 ;
b
the amendments made by paragraphs 8, 9, 11 and 12 of Part 2 of the Schedule shall have effect from 1st April 2003;
c
the amendments made by Part 3 of the Schedule shall have effect from 1st April 2002; and
d
the amendment made by paragraph 14(1) in Part 4 of the Schedule has effect in accordance with paragraph 14(2) of the Schedule.
3
These Regulations extend to England and Wales only.
Amendment of the Police Pensions Regulations 1987
2
The Police Pensions Regulations 1987 shall be amended in accordance with the Schedule to these Regulations.
Transitional provision relating to medical appeals
3
The amendments made by regulation 2 and Part 1 of the Schedule to these Regulations shall not apply in respect of any appeal against a decision of the selected medical practitioner notified to the Secretary of State on or before 9th November 2003 unless the Secretary of State decides to refer the appeal to a board of medical referees.
Transitional provisions relating to unpaid parental leave
4
1
In a case where unpaid parental leave has been taken and the period specified in sub-paragraph (a) of regulation F1(1D) of the Police Pensions Regulations 1987 has ended before, or ends or will end within a period of 3 months beginning with, the date on which these Regulations come into force (“the commencement date”), that sub-paragraph shall have effect as if the period within which notice were required to be given was a period of 3 months beginning with the commencement date:
Provided that where the police authority are satisfied that it was not reasonably practicable for notice to be given within that period they may in their discretion accept such notice at any time before the expiry of 12 months from the commencement date.
2
In a case such as is mentioned in paragraph (1) in which notice is given in accordance with that paragraph, regulation F1(1D)(d) of the Police Pensions Regulations 1987 shall have effect as if after the words “30 months” in paragraph (ii) there were inserted the words “or such longer period ending not later than 4 years and six months after the due date as the police authority in their discretion may allow”.
Hazel Blears
Minister of State
Home Office
30th May 2004
We consent to the making of these Regulations
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
7th June 2004