text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Independent Review of Determinations (Hague Convention Adoptions and Miscellaneous Amendments) Regulations 2004 and shall come into force on 20th August 2004.
2
These Regulations apply to England only.
3
Regulation 2 of these Regulations shall apply to cases where the most recent consideration by an adoption panel of a prospective adopter’s suitability to be an adoptive parent is under regulation 9(1) of the 2003 Regulations and takes place on or after 20th August 2004.
4
In these Regulations, “the 2003 Regulations” means the Intercountry Adoption (Hague Convention) Regulations 2003 .
Amendment of the 2003 Regulations
2
1
The 2003 Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation) after the definition of “eligible to adopt” insert —
“independent review panel” means a panel constituted under section 9A of the 1976 Act;
.
3
In regulation 10 (adoption agency decision and notification) —
a
in paragraph (2) after “panel” insert “or an independent review panel”;
b
for paragraph (4)(c) substitute —
c
notify the prospective adopter in writing that within 28 days he may —
i
submit any representations he wishes to make in writing to the adoption agency; or
ii
apply to the Secretary of State for a review by an independent review panel of the adoption agency’s proposal not to approve him as suitable to be an adoptive parent (referred to in this regulation as a “qualifying determination”).
;
c
in paragraph (5) for “the prospective adopter has not made any representations” substitute “the prospective adopter has not applied to the Secretary of State for a review by an independent review panel of the qualifying determination or made any representations to the adoption agency”;
d
after paragraph (5) insert —
5A
If the adoption agency receives notification from the Secretary of State that a prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, it shall within 7 days after the date of that notification submit to the Secretary of State —
a
all of the documents and information which were passed to the adoption panel in accordance with regulation 8(6);
b
any relevant information in relation to the prospective adopter which was obtained by the adoption agency after the date on which the documents and information referred to in sub-paragraph (a) were passed to the adoption panel; and
c
the documents referred to in paragraph (4)(a) and (b).
;
e
for paragraph (8) substitute —
8
The adoption agency shall make a decision on the case and, in addition to the requirements of paragraph (1), —
a
if the prospective adopter has applied to the Secretary of State for a review by an independent review panel of the qualifying determination, it shall make the decision only after taking into account any recommendation of that panel made in accordance with the Independent Review of Determinations (Adoption) Regulations 2004 ; or
b
if the case has been referred to an adoption panel under paragraph (6), it shall make the decision only after taking into account any recommendation of the adoption panel made by virtue of paragraph (7).
;
f
in paragraph (9) for the words after “and” substitute “, if the case has been referred to an adoption panel under paragraph (6), of the adoption panel’s recommendation, if this is different from the adoption agency’s decision.”; and
g
after paragraph (9) insert —
10
In a case where an independent review panel has made a recommendation, the adoption agency shall send to the independent review panel a copy of the notification referred to in paragraph (9).
.
Amendment of the Independent Review of Determinations (Adoption) Regulations 2004
3
1
The Independent Review of Determinations (Adoption) Regulations 2004 shall be amended in accordance with the following paragraphs.
2
In regulation 1 (citation, commencement, application and interpretation) —
a
for sub-paragraphs (a) and (b) of paragraph (3) substitute —
a
is under regulation 10(1)(b) of the 1983 Regulations and takes place on or after 30th April 2004; or
b
is under regulation 9(1) of the 2003 Regulations and takes place on or after 20th August 2004.
; and
b
in paragraph (4) —
i
after the definition of “the 1983 Regulations” insert —
“the 2003 Regulations” means the Intercountry Adoption (Hague Convention) Regulations 2003;
; and
ii
omit the definition of “prospective adopter”.
3
In regulation 2 (qualifying determination) for “with regulation 11A of the 1983 Regulations, that” substitute —
with —
regulation 11A of the 1983 Regulations; or
regulation 10 of the 2003 Regulations,
that
.
4
In regulation 3(5)(a) (constitution and function of panels) for “with regulation 11A of the 1983 Regulations;” substitute —
with, as the case may be —
i
regulation 11A of the 1983 Regulations; or
ii
regulation 10 of the 2003 Regulations;
.
Amendment of the Adoption Agencies Regulations 1983
4
In regulation 11A(4)(c)(ii) of the Adoption Agencies Regulations 1983 (adoption agency decisions and notifications – prospective adopters) , for “a prospective adopter” substitute “an adoptive parent”.
Signed by authority of the Secretary of State for Education and Skills
Margaret Hodge
Minister of State
Department for Education and Skills
19th July 2004


type: legislation

jurisdiction: UK

text:
Name and Commencement
1
1
This Order is called the Powys (Brecon and Llanfrynach Communities) Order 2004.
2
This Order comes into force on 1 April 2005, which is the appointed day for the purposes of the Regulations, except that for the purposes set out in regulation 4(1) of the 1976 Regulations, this Order comes into force on 1 December 2004.
Interpretation
2
In this Order —
“the boundary map” (“ y map ffiniau ”) means the map prepared by the National Assembly for Wales and marked “Boundary Map of the Powys (Brecon and Llanfrynach Communities) Order 2004” and deposited in accordance with Regulation 5 of the Regulations.
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 as amended .
Change to community area and consequential change to electoral area
3
The boundary between those parts of the community of Brecon ( St. Mary Ward), which forms the St. Mary’s electoral division, and the community of Llanfrynach, which forms part of the Talybont-on-Usk electoral division, is as shown on the boundary map marked “New Community Boundary”, with the result that the area of land shown hatched on the boundary map, including the property known as “White House” is to be included in the Community of Llanfrynach instead of in the Community of Brecon.
Signed on behalf of the National Assembly for Wales.
Sue Essex
The Minister for Finance, Local Government and Public Services
13 October 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Essex Mental Health and Community Care National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on 15th November 2004.
2
In this Order, “the Establishment Order ” means the South Essex Mental Health and Community Care National Health Service Trust (Establishment) Order 2000 .
Amendment of nature and functions of the trust
2
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Increase in the number of non-executive directors of the trust
3
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “7 non-executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of Health,
Department of Health
3rd November 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Essex) (Tendring, Rochford, Uttlesford, Braintree and Castle Point) Order 2004 and shall come into force on 1st October 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the area comprised of —
1
the whole of the district of Tendring except —
a
the entire length of the A12 within the district;
b
the A120 from the western boundary of the district to its junction with Ingestre Street, Harwich; and
c
the A133 from its junction with the A120 at Hare Green to its roundabout junction with the Colchester Road at Frating (and the circulatory carriageway at that junction),
2
the whole of the district of Rochford except —
a
the entire length of the A127, including its on and off slip roads, within the district;
b
the entire length of the A130 within the district; and
c
the A1245 from its junction with the A127 to its junction with Rawreth Lane, Rawreth.
3
the whole of the district of Uttlesford except —
a
that area and those roads within the inner edge of the black boundary line on the plan in Schedule 3 to this Order;
b
the entire length of the M11, including its on and off slip roads, within the district; and
c
the entire length of the A120 within the district, including its on and off slip roads and the circulatory carriageway at its junction with the slip roads of the M11,
4
the whole of the district of Braintree except —
a
the entire length of the A12, including its on and off slip roads, within the district;
b
the A120, including its on and off slip roads, from the western boundary of the district to its roundabout junction with the A131 and the B1256 Coggleshall Road east of Braintree and the circulatory carriageway at that junction; and
c
the A131 from its roundabout junction with the A120 and the B1256 to its roundabout junction with the B1053 at Great Notley and the circulatory carriageway at each such junction, and
5
the whole of the borough of Castle Point except —
a
the entire length of the A127, including its on and off slip roads, within the borough; and
b
the entire length of the A1245 within the borough.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
26th August 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Appointed Representatives) (Amendment) Regulations 2004.
2
These Regulations come into force —
a
for the purposes of regulation 2(3), on 31st October 2004;
b
for all other purposes, two months after the date on which they are made.
3
In these Regulations “the principal Regulations ” means the Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 .
Amendment of regulation 1(2) of the principal Regulations
2
1
Regulation 1(2) of the principal Regulations is amended as follows.
2
In the definitions of “buy”, “sell” etc. , for “contract of general insurance” substitute “qualifying contract of insurance”.
3
Immediately before the definition of “other counterparties”, insert —
“contract of long-term care insurance” means a contract of insurance in respect of which the following conditions are met —
the purpose (or one of the purposes) of the policy is to protect the policyholder against the risk of becoming unable to live independently without assistance in consequence of a deterioration of mental or physical health, injury, sickness or other infirmity;
benefits under the contract are payable in respect of —
services,
accommodation, or
goods,
which are (or which is) necessary or desirable due to a deterioration of mental or physical health, injury, sickness or other infirmity;
the contract is expressed to be in effect until the death of the policyholder (except that the contract may give the policyholder the option to surrender the policy); and
the benefits under the contract are capable of being paid throughout the life of the policyholder;
.
Amendment of regulation 2(1) of the principal Regulations
3
1
Regulation 2(1)(aa) of the principal Regulations is amended as follows.
2
For “a contract of general insurance” substitute —
a contract of insurance which is not a qualifying contract of insurance or a contract of long-term care insurance
.
3
Regulation 2(1)(ac) of the principal Regulations is amended as follows.
4
Omit the words, “, where the activity relates to a contract of general insurance”.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
25th February 2004


text:
Citation
1
This Order may be cited as the Christ’s College Guildford (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Christ’s College Guildford, Larch Avenue, Guildford, Surrey, GU1 1JY, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Caroline Macready
A Divisional Manager in the
Department for Education and Skills
22nd January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Warwickshire Ambulance Service National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on 15th November 2004.
2
In this Order, “the Establishment Order ” means the Warwickshire Ambulance Service National Health Service Trust (Establishment) Order 1993 .
Amendment of nature and functions of the trust
2
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, in particular ambulance and associated transport services, for the purposes of the health service.
.
Increase in the number of non-executive directors of the trust
3
In article 4 of the Establishment Order (directors of the trust) “4 non-executive directors” shall be replaced by “5 non-executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
3rd November 2004


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Tax Credits (Residence) (Amendment) Regulations 2004 and shall come into force on 1st May 2004.
2
These Regulations shall cease to have effect on 1st May 2006 unless revoked with effect from an earlier date.
Amendment of the Tax Credits (Residence) Regulations 2003
2
The Tax Credits (Residence) Regulations 2003 are amended as follows.
3
In regulation 3 (circumstances in which a person is treated as not being in the United Kingdom) add at the end —
5
A person shall be treated as not being in the United Kingdom for the purposes of Part 1 of the Act where he —
a
makes a claim for child tax credit (other than being treated as making a claim under regulation 11 or 12 of the Tax Credits (Claims and Notifications) Regulations 2002 or otherwise), on or after 1st May 2004; and
b
does not have a right to reside in the United Kingdom.
.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
30th April 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment Order 2004 and shall come into force on 31 st January 2004.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment to article 12 of the principal Order
2
For article 12 of the principal Order , there is substituted —
Exemption for sale and supply in hospitals
12
1
Subject to paragraph (3), the restrictions imposed by section 58(2)(a) (restrictions on sale and supply) shall not apply to the sale or supply of a prescription only medicine in the course of the business of a hospital where the medicine is sold or supplied for the purpose of being administered (whether in the hospital or elsewhere) to a particular person in accordance with directions satisfying the conditions specified in paragraph (2).
2
The conditions specified in paragraph (1) are that the directions —
a
are in writing;
b
relate to the particular person to whom the medicine is to be administered; and
c
are given by a person (other than a veterinary surgeon or veterinary practitioner) who is an appropriate practitioner in relation to that medicine.
3
Such directions may be given by an extended formulary nurse prescriber or a supplementary prescriber only where he complies with any condition as to the cases or circumstances in which he may give a prescription for that medicine specified by virtue of article 3A or 3B, as if the directions are a prescription.
4
The exemption in paragraph (1) applies notwithstanding that the directions do not satisfy the conditions specified in article 15(2).
.
Amendment of Schedule 3A to the principal Order
3
In the table in Schedule 3A to the principal Order (substances which may be prescribed, administered or directed for administration by extended formulary nurse prescribers and conditions for such prescription or administration) —
a
for the entry for “Erythromycin”, in column 2, after “External Use” insert “or oral”;
b
for the entry “Fusidic acid”, in column 2 for “Opthalmic Use” substitute “External Use”;
c
for the entry “Hycosine butylbromide”, in column 2, after “parenteral” insert “or transdermal”;
d
for the entry “Hycosine hydrobromide”, in column 2, for “Oral, parenteral or transdermal administration in palliative care” substitute “Oral or parenteral administration in palliative care”;
e
for the entry “Metronidazole”, in column 2 for “External use or oral” substitute “External use, oral or rectal”;
f
for the entry “Prednisolone sodium phosphate”, in column 2, after “Aural” insert “or oral”;
g
in column 1 insert, at the appropriate place in the alphabetical order of the entries as they appear in that column, each of the entries set out in column 1 below, and in column 2 insert, against those entries, the corresponding entries in column 2 below —
Column 1 Column 2
Amitriptyline hydrochloride Oral Azithromycin dihydrate Oral Carbamazepine Oral or rectal Clavulanic acid Oral Conjugated oestrogens (equine) External use Diclofenac potassium Oral Diclofenac sodium Oral or rectal Erythromycin ethyl succinate Oral Erythromycin stearate Oral Estradiol External use Estriol External use Etonogestrel Implant Flumazenil Parenteral Gabapentin Oral Glucagon hydrochloride Parenteral Glucose Parenteral Imipramine hydrochloride Oral Lignocaine hydrochloride External use or parenteral Lymecycline Oral Nortriptyline hydrochloride Oral Prednisolone Oral Salbutamol sulphate Inhalation Sodium fusidate External use Terbutaline sulphate Inhalation
Amendment of Schedule 5 to the principal Order
4
In Schedule 5 to the principal Order (exemption for certain persons from section 58(2) of the Medicines Act 1968), insert in the list in column 2 of paragraph 2 of Part III, at the appropriate place in the alphabetical order of the entries as they appear in that list, the following entries —
“Diamorphine”
“Morphine”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
31st December 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D.C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
6th January 2004


text:
Title, commencement and interpretation
1
These Regulations may be cited as the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) (Amendment) Regulations 2004 and shall come into force on 23rd February 2004.
Amendment of the Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997
2
1
The Animals and Animal Products (Examination for Residues and Maximum Residue Limits) Regulations 1997 shall be amended in accordance with this regulation.
2
In regulation 6 (prohibition on administration to animals of unlicensed substances or products), paragraph (1), after the words “Annexes I, II and III of the Council Regulation”, add the following text:
as read with Commission Decision 2000/68/EC ,
.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
26th January 2004


text:
Title, commencement, extent and application
1
1
These Regulations may be cited as The Marketing of Fruit Plant Material (Amendment) (England) Regulations 2004 and shall come into force on 31st October 2004.
2
These Regulations extend to England and Wales but apply in relation to England only.
Amendment of Regulations
2
1
The Marketing of Fruit Plant Material Regulations 1995 shall be amended, in relation to England, in accordance with paragraph (2).
2
For Schedule 1 to those Regulations there shall be substituted the following Schedule —
SCHEDULE 1
Genera and species to which these Regulations apply
Regulation 3(1)
Castanea sativa Mill. (Chestnut) Prunus cerasus L. (Sour cherry) Citrus L. (e.g. Grapefruit, Lemon, Lime, Mandarin and Orange) Prunus domestica L. (Plum) Prunus dulcis (Mill.) D A Webb (Almond) (but described as Prunus amygdalus Batsch in Directive 2003/111/ EC ) Corylus avellana L. (Hazel) Cydonia oblonga Mill. (Quince) Ficus carica L. (Common edible fig) Prunus persica (L.) Batsch (Peach) Fortunella Swingle (Kumquat) Prunus salicina Lindley (Japanese Plum) Fragaria L. (all cultivated strawberry species) Pyrus L. (all cultivated edible pears, including perry pears) Juglans regia L. (Walnut) Malus Mill. (Apple) Ribes L. (Blackcurrant, gooseberry, redcurrant and white currant) Olea europaea L. (Olive) Pistacia vera L. (Pistachio) Rubus L. (Blackberry, raspberry and hybrid berries) Poncirus Raf. (Trifoliate orange) Prunus armeniaca L. (Apricot) Vaccinium L. (e.g. Blueberry, cranberry and bilberry) Prunus avium (L.) L. (Sweet cherry)
.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment Food and Rural Affairs
5th October 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Review of Children’s Cases (Amendment No.2 and Transitional Arrangements)(England) Regulations 2004 and shall come into force on the 27 th September 2004.
2
These Regulations apply in relation to England only.
3
In these Regulations “the principal Regulations ” means the Review of Children’s Cases Regulations 1991 .
Amendment of the Review of Children’s Cases Regulations 1991
2
1
The principal Regulations are amended as follows.
2
In regulation 2A(2) after “General Social Care Council” insert “or by the Care Council for Wales”.
Transitional arrangements for the appointment of independent reviewing officers
3
Regulation 2A(2) of the principal Regulations (requirement to be registered as a social worker) does not apply to an independent reviewing officer appointed during the period from 27 th September 2004 to 31 st March 2005 provided —
a
he has a qualification which is accepted by the General Social Care Council under section 58 of the Care Standards Act 2000 for the purposes of registration as a social worker, or
b
he has a qualification obtained elsewhere than in the UK and holds a Letter of Verification issued by the Central Council for Education and Training in Social Work or by the General Social Care Council,
but regulation 2A(2) shall apply to that person from 1 st April 2005.
Margaret Hodge
Minister of State,
Department for Education and Skills
1st September 2004


text:
Citation and commencement
1
This Order may be cited as the General Teaching Council for England (Additional Functions) Order 2004 and shall come into force on 31st August 2004.
Interpretation
2
In this Order —
“ the Directive ” means Council Directive 89/48/ EEC on a general system for the recognition of higher-education diplomas awarded on completion of professional education and training of at least three years' duration;
“designated authority” means a body or authority designated in relation to the profession of school teacher in England and Wales as having the function of considering applications and granting authorisations to practice that profession in accordance with the Regulations ;
“the Regulations” means the European Communities (Recognition of Professional Qualifications) Regulations 1991 ; and
“relevant state” means a member state of the European Community, Iceland, Norway, Liechtenstein or Switzerland.
Additional functions
3
1
The Council shall assist the Secretary of State in relation to the exercise of his function of designated authority under the Regulations by —
a
at the Secretary of State’s request —
i
giving him advice about or assistance with, or
ii
making a recommendation to him about,
any exercise of his function as designated authority under the Regulations;
b
providing information and advice to the public about the requirements for recognition in England and Wales of teaching qualifications obtained in a relevant state; and
c
at the Secretary of State’s request, carrying out administrative tasks connected with his function of designated authority under the Regulations.
2
The Council shall act as the designated authority under the Regulations for the teaching profession for the purposes of the Directive if designated as such.
David Miliband
Minister of State
Department for Education and Skills
20 July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Income Support and Jobseeker’s Allowance) Amendment Regulations 2004 and shall come into force on 4th October 2004.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with this regulation.
2
After paragraph (3) of regulation 4 (temporary absence from Great Britain) insert the following paragraph —
3A
A claimant’s entitlement to income support shall continue during a period of temporary absence from Great Britain if —
a
he satisfied the conditions of entitlement to income support immediately before the beginning of that period of temporary absence; and
b
that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where that treatment is being provided —
i
under section 3 of the National Health Service Act 1977 (services generally);
ii
pursuant to arrangements made under section 23 of that Act (voluntary organisations and other bodies); or
iii
pursuant to arrangements made under paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts – specific powers).
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 14(1) (circumstances in which a person is to be treated as available) —
a
after sub-paragraph (l) insert the following sub-paragraph —
ll
if he is treated as capable of work in accordance with regulation 55A, for the period determined in accordance with that regulation;
; and
b
after sub-paragraph (p) add the following sub-paragraph —
q
if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be, (6C).
.
3
In regulation 19(1) (circumstances in which a person is to be treated as actively seeking employment) —
a
after sub-paragraph (l) insert the following sub-paragraph —
ll
in any week during which he is for not less than 3 days treated as capable of work in accordance with regulation 55A;
; and
b
after sub-paragraph (t) add the following sub-paragraph —
u
if he is temporarily absent from Great Britain in the circumstances prescribed in regulation 50(6AA) or, as the case may be (6C).
.
4
In regulation 50 (persons temporarily absent from Great Britain) —
a
after paragraph (6) insert the following paragraph —
6AA
For the purposes of the Act a claimant shall be treated as being in Great Britain during any period of temporary absence from Great Britain if —
a
he was entitled to a jobseeker’s allowance immediately before the beginning of that period of temporary absence; and
b
that period of temporary absence is for the purpose of the claimant receiving treatment at a hospital or other institution outside Great Britain where that treatment is being provided —
i
under section 3 of the National Health Service Act 1977 (services generally);
ii
pursuant to arrangements made under section 23 of that Act (voluntary organisations and other bodies); or
iii
pursuant to arrangements made under paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990 (National Health Service Trusts – specific powers).
;
b
after paragraph (6B) insert the following paragraph —
6C
For the purposes of the Act a member of a joint-claim couple (“the first member”) shall be treated as being in Great Britain during any period of temporary absence if —
a
he and the other member of that couple were entitled to a joint-claim jobseeker’s allowance immediately before the beginning of that period of temporary absence; and
b
that period of temporary absence is for the purpose of the first member receiving treatment at a hospital or other institution outside Great Britain where that treatment is being provided —
i
under section 3 of the National Health Service Act 1977;
ii
pursuant to arrangements made under section 23 of that Act; or
iii
pursuant to arrangements made under paragraph 13 of Schedule 2 to the National Health Service and Community Care Act 1990.
.
5
In regulation 55 (short periods of sickness) after paragraph (4) add the following paragraph —
5
The preceding provisions of this regulation shall not apply to a claimant who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C).
.
6
After regulation 55 insert the following regulation —
Periods of sickness and persons receiving treatment outside Great Britain
55A
1
A person —
a
who has been awarded a jobseeker’s allowance, a joint-claim jobseeker’s allowance or is a person to whom any of the circumstances mentioned in section 19(5) or (6) or 20A(2) apply; and
b
who is temporarily absent from Great Britain in the circumstances prescribed by regulation 50(6AA) or, as the case may be, (6C); and
c
who proves to the satisfaction of the Secretary of State that he is unable to work on account of some specific disease or disablement; and
d
but for his disease or disablement, would satisfy the requirements for entitlement to a jobseeker’s allowance other than those specified in section 1(2)(a), (c) and (f) (available for and actively seeking employment and capable of work),
shall be treated during that period of temporary absence abroad as capable of work, except where that person has stated in writing before that period of temporary absence abroad begins that immediately before the beginning of the period of that temporary absence abroad he has claimed incapacity benefit, severe disablement allowance or income support.
2
The evidence which is required for the purposes of paragraph (1)(c) is a declaration made by that person in writing, in a form approved for the purposes by the Secretary of State, that he will be unfit for work from a date or for a period specified in the declaration..
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State
Department for Work and Pensions
13th July 2004


text:
Name and commencement
1
1
This Order is called the Neath Port Talbot and Powys (Cwmtwrch) Order 2004.
2
This Order comes into force on 1 April 2005, which is the appointed day for the purposes of the Regulations, except that for the purposes set out in regulation 4(1) of the Regulations, this Order comes into force on 1 December 2004.
Interpretation
2
“the boundary map” (“ y map ffiniau ”) means the map prepared by the National Assembly for Wales and marked “Boundary Map of the Neath Port Talbot and Powys (Cwmtwrch) Order 2004” and deposited in accordance with Regulation 5 of the Regulations;
“the Regulations” (“ y Rheoliadau ”) means the Local Government Area Changes Regulations 1976 as amended .
Changes in County boundaries
3
The boundary between the County Borough of Neath Port Talbot and the County of Powys in the area of Cwmtwrch is amended in accordance with Article 4.
New County boundary
4
The boundary between those parts of the County Borough of Neath Port Talbot and the County of Powys in the area of Cwmtwrch which are shown on the boundary map is to include that shown on the boundary map as “New County Boundary/New Preserved County Boundary” with the result that the area of land shown hatched on the boundary map is to be included in the County of Powys instead of in the County Borough of Neath Port Talbot.
Consequential change to electoral divisions
5
The boundaries of the Ystalyfera ward in the community of Ystalyfera (which forms part of the Ystalyfera electoral division), and the Cwmtwrch ward in the community of Ystradgynlais (in the Cwmtwrch electoral division) are amended so as to coincide with the boundary as amended by article 4.
Consequential change to Preserved County Boundary
6
The boundaries of the preserved counties of West Glamorgan and Powys are amended so as to coincide with the boundary between the County Borough of Neath Port Talbot and the County of Powys as amended by article 4.
Signed on behalf of the National Assembly for Wales.
Sue Essex
The Minister for Finance, Local Government and Public Services
13 October 2004


text:
Citation and commencement
1
1
These Rules may be cited as the Competition Appeal Tribunal (Amendment and Communications Act Appeals) Rules 2004 and shall come into force on 25th August 2004.
2
In these Rules–
“ the Act ” means the Communications Act 2003;
“ the Commission ” means the Competition Commission;
“ principal rule ” means a rule of the Competition Appeal Tribunal Rules 2003 ;
“specified price control matter” means a price control matter specified in rule 3(1).
Amendment of Principal Rules
2
The Competition Appeal Tribunal Rules 2003 shall be amended as provided in the Schedule to these Rules.
Reference of price control matters to the Competition Commission
3
1
For the purposes of subsection (1) of section 193 of the Act, there is specified every price control matter falling within subsection (10) of that section which is disputed between the parties and which relates to–
a
the principles applied in setting the condition which imposes the price control in question,
b
the methods applied or calculations used or data used in determining that price control, or
c
what the provisions imposing the price control which are contained in that condition should be (including at what level the price control should be set).
2
In a notice of appeal under principal rule 8, the appellant may include a statement indicating the extent to which–
a
the appeal relates to price control, or
b
a specified price control matter arises in the appeal.
3
In a defence under principal rule 14, the respondent may include a statement indicating the extent to which the appeal relates to price control or a specified price control matter arises in the appeal, including a statement in rebuttal of a statement under paragraph (2).
4
In a request to intervene under principal rule 16, the person making the request may include a statement indicating the extent to which the appeal relates to price control or a specified price control matter arises in the appeal, including a statement in rebuttal of any statement under paragraph (2) or (3).
5
The Tribunal shall refer to the Commission for determination in accordance with section 193 of the Act and rule 5 every matter which, either upon consideration of any statement provided for in paragraphs (2) to (4) or in the subsequent course of the appeal, it decides is a specified price control matter.
6
The Tribunal may make a reference to the Commission under paragraph (5) at any time before it delivers its decision.
7
This rule applies in all cases in which the Tribunal has not delivered its decision before 25 th August 2004.
Appeals relating to price control: transitional provision
4
Notwithstanding principal rule 8(1) (which provides a time limit of two months from notification or publication of a decision for making an appeal), an appeal to the Tribunal may be made at any time before 26 th October 2004 if–
a
the appeal relates to price control, or
b
a specified price control matter arises in the appeal.
Determination by Competition Commission of price control matters
5
1
Subject to any directions given by the Tribunal (which may be given at any time before the Commission have made their determination), the Commission shall determine every price control matter within four months of receipt by them of the reference.
2
The Tribunal may give directions as to the procedure in accordance with which the Commission are to make their determination.
3
The Tribunal may give directions under this rule of its own motion or upon the application of the Commission or of any party.
Appeals under repealed enactments
6
If an appeal under section 1F of the Wireless Telegraphy Act 1949 or section 46B of the Telecommunications Act 1984 (“the old appeal”) is stayed or sisted under subparagraph (3) of paragraph 23 of Schedule 18 to the Act and a new appeal is brought under subparagraph (4) of that paragraph–
a
all pleadings and (except in Scotland) written evidence in the old appeal shall be treated as pleadings and written evidence in the new appeal,
b
all other steps taken and things done in the old appeal shall be taken into account in the new appeal to the extent directed by the Tribunal, and
c
the Tribunal may give directions to OFCOM as to the carrying out of their functions which are the same as or correspond to directions which could have been given by the court before 25 th July 2003 under subsection (4) of the said section 1F or (as the case may be) 46B.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
2nd August 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Police Act 1997 (Criminal Records) (Amendment) (No. 3) Regulations 2004 and shall come into force on 1 st November 2004.
2
These Regulations extend to England and Wales.
Fees payable to police authorities for information provided to the Secretary of State
2
For Schedule 3 to the Police Act 1997 (Criminal Records) Regulations 2002 there shall be substituted the Schedule to these Regulations.
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
4th October 2004