text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Controls on Nonylphenol and Nonylphenol Ethoxylate Regulations 2004 and shall come into force on 17th January 2005.
2
These Regulations extend to Great Britain.
Interpretation
2
1
In these Regulations —
“nonylphenol” means nonylphenol C 6 H 4 (OH)C 9 H 19 and
“nonylphenol ethoxylate” means nonylphenol ethoxylate (C 2 H 4 O) n C 15 H 24 O.
2
Expressions used in these Regulations which are also used in Council Directive 76/769/ EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations , as last amended by Directive 2003/53/ EC of the European Parliament and of the Council amending for the 26th time Council Directive 76/769/EEC relating to restrictions on the marketing and use of certain dangerous substances and preparations (nonylphenol, nonylphenol ethoxylate and cement) , shall have the meaning they bear in that Directive.
Scope
3
1
These Regulations do not apply to —
a
the placing on the market or use of dangerous substances or preparations for research and development or analysis purposes;
b
the carriage of dangerous substances or preparations by rail, road, inland waterway, sea or air;
c
dangerous substances or preparations exported to a country which is not a Member State of the European Community nor Norway, Iceland or Liechtenstein; and
d
dangerous substances or preparations in transit and subject to customs inspection, provided that they undergo no processing.
2
These regulations shall not prohibit the placing on the market or use of any pesticides or biocidal products containing nonylphenol ethoxylate as a co-formulant if, and to the extent to which, such placing on the market or use is authorised by a relevant approval.
3
In paragraph (2), a “relevant approval” means a valid approval granted before 17th July 2003 under —
a
the Control of Pesticides Regulations 1986 ;
b
the Plant Protection Products Regulations 2003 ;
c
the Plant Protection Products (Scotland) Regulations 2003 ;
d
the Control of Pesticides Regulations (Northern Ireland) 1987 ; or
e
the Plant Protection Products Regulations (Northern Ireland) 2004 .
Prohibition on the placing on the market and use of nonylphenol and nonylphenol ethoxylate
4
No person shall place on the market or use nonylphenol or nonylphenol ethoxylate as a substance or constituent of preparations in concentrations equal to or higher than 0.1% by mass for any of the following purposes —
a
industrial or institutional cleaning, other than —
i
controlled closed dry cleaning systems where the washing liquid is recycled or incinerated; and
ii
cleaning systems with special treatment where the washing liquid is recycled or incinerated;
b
domestic cleaning;
c
textiles or leather processing, other than —
i
processing with no release into waste water; and
ii
systems with special treatment where the process water is pre-treated to remove the organic fraction completely prior to biological waste water treatment (such as degreasing of sheepskin);
d
emulsifier in agricultural teat dips;
e
metal working, other than uses in controlled closed systems where the washing liquid is recycled or incinerated;
f
manufacturing of pulp or paper;
g
cosmetic products;
h
other personal care products, other than spermicide; or
i
co-formulants in pesticides or biocides.
Offences and penalties
5
1
Any person who contravenes regulation 4, or causes or permits another person to contravene that regulation, shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months; and
b
on conviction on indictment, to a fine or to imprisonment not exceeding two years or to both.
3
Where an offence under paragraph (1) committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
4
In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where an offence under paragraph (1) committed by a Scottish partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who —
a
is a partner; or
b
purports to act in that capacity,
that person as well as the Scottish partnership is guilty of that offence and liable to be proceeded against and punished accordingly.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
Date: 13th July 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No.2) Order 2004 and shall come into force on 20th February 2004.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (2).
Penny Jones
A Divisional Manager in the
Department for Education and Skills
11th November 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Prescription Only Medicines (Human Use) Amendment (No.3) Order 2004 and shall come into force on 19th November 2004.
2
In this Order, “the principal Order ” means the Prescription Only Medicines (Human Use) Order 1997 .
Amendment of article 1 of the principal Order
2
In article 1 of the principal Order (interpretation), in paragraph (2), after the definition of “inhaler” insert the following definition —
“Local Health Board” has the same meaning as in the National Health Service Act 1977 ;
.
Amendment of article 7 of the principal Order
3
In article 7 of the principal Order (exemption for parenteral administration in an emergency to human beings of certain prescription only medicines), in the list insert, in the appropriate alphabetical place, each of the following entries —
“Atropine sulphate and obidoxime chloride injection”;
“Atropine sulphate and pralidoxime chloride injection”;
“Atropine sulphate, pralidoxime mesilate and avizafone injection”;
“Pralidoxime chloride injection”; and
“Pralidoxime mesilate injection”.
Insertion of article 7A of the principal Order
4
After article 7 of the principal Order, insert the following article —
Exemptions for administration of smallpox vaccine
7A
1
The restriction imposed by section 58(2)(b) (restriction on administration) shall not apply to the administration to human beings of smallpox vaccine where the conditions specified in paragraph (2) or (3) are satisfied.
2
The conditions referred to in this paragraph are —
a
the vaccine has been supplied by, or on behalf of, or under arrangements made by —
i
the Secretary of State,
ii
the Scottish Ministers,
iii
the National Assembly for Wales,
iv
the Department of Health, Social Services and Public Safety,
v
an NHS body; and
b
the vaccine is administered for the purpose of providing protection against smallpox virus in the event of a suspected or confirmed case of smallpox in the United Kingdom.
3
The conditions referred to in this paragraph are —
a
the vaccine has been supplied by, or on behalf of, or under arrangements made by Her Majesty’s Forces;
b
the vaccine is administered for the purpose of providing protection against smallpox virus to —
i
members of Her Majesty’s Forces; or
ii
other persons employed or engaged by those Forces.
4
For the purposes of this regulation, “NHS body” means —
a
the Common Services Agency,
b
a Strategic Health Authority, Health Authority or Special Health Authority,
c
a Primary Care Trust,
d
a Local Health Board, or
e
an NHS trust or NHS foundation trust
.
Amendment of Schedule 3A to the principal Order
5
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
in the entry for “Amitriptyline Hydrochloride”, in column 2, after “Oral” insert “administration in palliative care”;
b
in the entry for “Carbamazepine”, in column 2, after “Oral or rectal” insert “administration in palliative care”;
c
in the entry for “Gabapentin”, in column 2, after “Oral” insert “administration in palliative care”;
d
in the entry for “Imipramine hydrochloride”, in column 2, after “Oral” insert “administration in palliative care”; and
e
in the entry for “Nortriptyline hydrochloride”, in column 2, after “Oral” insert “administration in palliative care”.
Amendment of Schedule 5 to the principal Order
6
In Schedule 5 to the principal Order (exemption for certain persons from section 58(2) of the Medicines Act 1968), in paragraph 9 of Part III, in column 2, in sub-paragraph (c), after the entry for “Adrenaline Acid Tartrate” insert the following entry —
“Amiodarone”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
13th October 2004
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
18th October 2004


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Scallops) (Irish Sea) Order 2004 and shall come into force at 14.31 hours on 29 th July 2004.
2
In this Order —
a
“designated area” means the area designated in article 3 and the Schedule;
b
“scallops” means scallops of the class of Pecten maximus ; and
c
“the relevant time” means 0001 hours on 28th July 2004.
Designated circumstances
2
The relevant circumstances or suspected circumstances for the purposes of section 1(5) of the Food and Environment Protection Act 1985 are that scallops in the designated area may be affected by the toxin which causes amnesic shellfish poisoning in human beings and are likely to create a hazard to human health if they are consumed.
Designated area
3
The area described in the Schedule is designated for the purposes of Part I of the Food and Environment Protection Act 1985.
Activities prohibited in the designated area
4
No person shall fish for and take any scallops in the designated area.
Prohibition on movement
5
No person shall move any scallops out of the designated area.
Prohibitions applicable throughout the United Kingdom
6
No person shall in the United Kingdom or United Kingdom waters —
a
use any scallops taken from the designated area after the relevant time in the preparation or processing for supply to purchasers or others of food or anything from which food could be derived;
b
land any scallops taken from waters in the designated area after the relevant time;
c
supply, or possess for supply, any scallops which were in the designated area after the relevant time;
d
feed to any creature any feeding stuff prepared or processed from scallops taken from the designated area after the relevant time; or
e
supply, or possess for supply, to purchasers or others any food or anything from which food could be derived in the preparation or processing of which any scallops that were taken from the designated area after the relevant time were used.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
14.30 hours on 29th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Teachers' Pensions (Amendment) Regulations 2004 and shall come into force on 31st March 2004 except for regulation 30(4) which shall come into force on 1st September 2004.
Amendment of the Teachers' Pensions Regulations 1997
2
The Teachers' Pensions Regulations 1997 shall be amended in accordance with regulations 3 to 32.
3
1
Regulation A3 shall be amended as follows.
2
In paragraph (2) after “under regulation G8(1), G7(1)(c) or G8(5), as the case may be, shall” insert “, subject to the provisions of section 37 of the 2002 Act,”.
4
After regulation B1 insert the following —
Provision for certain organisers
B1A
1
Subject to paragraph (2), a person
a
who was employed as an organiser by a local education authority or an accepted function provider on or after 1st January 1977 in employment which was not pensionable employment,
b
in respect of whom there has been paid to the Secretary of State, in respect of a period or periods of such employment, an amount equivalent to the amount which should have been paid as contributions under Parts C and G (and under equivalent provisions in the 1976 and 1988 Regulations, if relevant) if that person had been in pensionable employment, and
c
who would, or would have, become entitled either before 31st July 2004 or, in the case of a person who ceased prior to 10th December 2003 to be so employed, on or after 31st July 2004 to payment of any benefit under these Regulations (or the 1976 or 1988 Regulations, if relevant) if that period or those periods had been pensionable employment
is deemed to be, or to have been, entitled to payment of an amount or amounts equivalent to the benefits to which he would be, or would have been, entitled under these Regulations (or the 1976 or 1988 Regulations, if relevant) as if that period or those periods had been pensionable employment.
2
If a person to whom paragraph (1) would otherwise apply either expressly or by his conduct indicates that he does not wish it to apply to him, then it shall not so apply.
3
A person
a
who was employed as an organiser by a local education authority or an accepted function provider on or after 1st January 1977 in employment which was not pensionable employment, and
b
in respect of whom the Secretary of State pays, or has paid, before 31st July 2004 an amount, in respect of a period or periods of such employment, equivalent to the amount which should be, or have been, paid as a transfer value or cash equivalent under Part F (or under the equivalent provisions of the 1976 or 1988 Regulations, if relevant) or otherwise if that person had been in pensionable employment and entitled to payment of a transfer value
is deemed to have been entitled to payment of that amount.
4
This paragraph applies to a person
a
who is not a person to whom paragraph (1) or (3) applies,
b
who prior to 10th December 2003 was employed as an organiser by a local education authority or an accepted function provider in employment which was not, apart from this regulation, pensionable employment,
c
in respect of whom there has been paid to the Secretary of State, in respect of a period or periods of such employment, an amount equivalent to the amount which should have been paid as contributions under Parts C and G (and under equivalent provisions in the 1976 and 1988 Regulations, if relevant) if that person had been in pensionable employment, and
d
who makes an election by 31st July 2004 in a form to be specified by the Secretary of State for that period or those periods to be pensionable employment.
5
In the case of a person to whom paragraph (4) applies, subject to regulations B1(5) and B4, the period or periods of employment referred to in paragraph (4)(d) shall be deemed to have been pensionable employment for the purpose of these Regulations.
6
This paragraph applies to a person
a
to whom paragraph (4) applies, and
b
who remains employed as an organiser by a local education authority or accepted function provider to undertake the same, or substantially the same, functions as he was undertaking immediately prior to the date of the election referred to in paragraph (4)(d) under either the same contract of employment or a contract of employment which has effect by virtue of regulation 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
7
A person to whom paragraph (6) applies is
a
subject to regulations B1(5), B4 and B5, in pensionable employment, and
b
in relevant employment under category B (if employed by a local education authority) or C (if employed by an accepted function provider) for the purpose of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 .
8
Upon paragraph (6) ceasing to apply to a person, he shall cease to be in pensionable employment and in relevant employment for the purpose of the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 by virtue of this regulation.
.
5
1
Regulation B3 shall be amended as follows.
2
For paragraph (3) substitute the following —
3
The establishments that may be accepted are —
a
an independent school registered under section 161 of the 2002 Act,
b
an establishment which provides further education constituted by an amalgamation of establishments which provided such education of which at least one was an accepted school, and
c
a school which is a member of COBISEC and is located in a member state of the European Union (other than the United Kingdom).
.
3
After paragraph (4) insert the following —
4A
An establishment may only be accepted where there is in force a guarantee, indemnity or bond in a form and amount and provided by a person approved by the Secretary of State which provides for payment to the Secretary of State of all liabilities of the establishment under these Regulations or under the Teachers' Superannuation (Additional Voluntary Contributions) Regulations 1994 should the establishment fail to meet them.
.
4
For paragraph (5) substitute the following —
5
No establishment need be accepted, but, if an establishment is accepted, its acceptance takes effect as from a date to be agreed between the Secretary of State and the governing body, which must be —
a
the first day of a month later than that in which the application was made, or
b
if the establishment was constituted by an amalgamation, either the first day of such a month or the date of the amalgamation.
.
5
In paragraph (7)(a) omit “or provisionally registered” and for “section 465 of the 1996 Act” substitute “section 161 of the 2002 Act”.
6
For paragraph (7)(b)(ii) substitute the following —
ii
it uses a person to carry out work to which section 142 of the 2002 Act applies in contravention of a direction given under section 142(1) of that Act.
.
7
In paragraph 7(c)(iii) for “employment.” substitute “employment, or”.
8
After paragraph 7(c) insert the following —
d
in the case of an establishment accepted under paragraph 3(c), if it ceases to be a member of COBISEC.
.
6
Regulation B3A shall have the heading “Function Providers”.
7
1
Regulation B4 shall be amended as follows.
2
In paragraph (1)(b) after “maternity” in each case insert “, paternity or adoption”.
8
1
Regulation C1 shall be amended as follows.
2
In paragraph (1) for “a person to whom the 1991 Act applies” substitute “a person who is a school teacher for the purposes of section 122 of the 2002 Act”.
3
In paragraph (1)(a) for “section 2 of the 1991 Act” substitute “section 122 of the 2002 Act”.
4
In paragraph (1)(b) after “maternity,” insert “paternity or adoption,”.
5
In paragraph (1)(c) after “maternity,” insert “paternity or adoption,”.
6
In sub-paragraphs (a) and (b) of paragraph (5) omit “, other than a payment made in consequence of a School Achievement Award,”.
7
In paragraph (7) for “section 2 of the 1991 Act” substitute “section 122 of the 2002 Act”.
9
1
Regulation C2 shall be amended as follows.
2
In paragraph (1)(a) after “maternity” insert “, paternity or adoption”.
3
In paragraph (9) after “maternity,” insert “, paternity or adoption”.
10
1
Regulation C9 shall be amended as follows.
2
At the beginning of paragraph (7)(a) insert “subject to paragraph (7A),”.
3
After paragraph (7) insert the following —
7A
Where the period begins on or after 31st March 2004, the notional salary shall be increased on 1st April following the beginning of the period and on each 1st April subsequently by
( RI - RE ) RE
where —
RI is the retail prices index (as defined in regulation C2(11)) for the March immediately preceding the April in which the increase occurs, and
RE is the retail prices index for the month in which the period began.
.
11
1
Regulation C10 shall be amended as follows.
2
At the beginning of paragraph (4) insert “Subject to paragraph (4A),”.
3
After paragraph (4) insert the following —
4A
Where the period begins on or after 31st March 2004, the notional salary shall be increased on 1st April following the beginning of the period and on each 1st April subsequently by
( RI - RE ) RE
where —
RI is the retail prices index (as defined in regulation C2(11)) for the March immediately preceding the April in which the increase occurs, and
RE is the retail prices index for the month in which the period began.
.
12
1
Regulation D1 shall be amended as follows.
2
In paragraph (1)(b) for “or F4(8) (acceptance of transfer value),” substitute “, F4(8) (acceptance of transfer value) or F4A(3) (acceptance of transfer values as part of a bulk transfer),”.
3
In paragraph (3)(b) after “maternity” insert “, paternity or adoption”.
13
1
Regulation E4 shall be amended as follows.
2
In paragraph (1) omit “Subject to regulation E33(2) (application for payment),”.
3
In paragraph (4) for “regulation 5(1)(b)” to the end of that paragraph substitute “section 142 of the 2002 Act on the grounds mentioned in subsections (4)(a), (b) and (c) of that section to direct that he may not carry out work to which that section applies.”.
4
In paragraph (8)(b) for “of direction under regulation 5(1)(b) or (c), or regulation 9(1)(a) of the Education (Restriction of Employment) Regulations 2000” substitute “under section 142 of the 2002 Act on the grounds mentioned in subsections (4)(a), (b) and (c) of that section to direct that he may not carry out work to which that section applies”.
14
1
Regulation E19 shall be amended as follows.
2
In paragraph (1) for “E4(3)” substitute “E4(2), (3)”.
15
After regulation E19 insert the following —
Commutation: trivial pensions
E19A
1
Where a person has become entitled to a retirement pension of a trivial amount, the Secretary of State may pay to that person a lump sum representing the capital value of that pension and of any benefits that might otherwise have become payable on that person’s death.
2
A pension may not be treated as trivial if it includes a guaranteed minimum unless the person has reached state pensionable age or any pension in respect of the guaranteed minimum is otherwise payable.
3
A pension may be treated as trivial only if the aggregate of all benefits does not exceed £260 per annum.
4
Any lump sum payable under this regulation will be calculated by the Secretary of State, after taking advice from the Government Actuary.
5
A deduction is to be made from any payment under this regulation for the amount of tax chargeable in respect of it under section 599 of the Taxes Act.
6
A payment under this regulation shall discharge the Secretary of State’s liability in respect of that pension and of any benefits that might otherwise have become payable on that person’s death.
.
16
1
Regulation E20 shall be amended as follows.
2
In paragraph (1) for “paragraph (6)” substitute “paragraphs (1A) and (6)”.
3
In paragraph (1)(d) after “maternity,” insert “, paternity or adoption”.
4
After paragraph (1) insert the following —
1A
No death grant may be paid under paragraph (1)(c) in respect of a person to whom retirement benefits or a short-service incapacity grant calculated (in either case) by reference to the total of his reckonable service have been paid.
.
17
1
Regulation E25 shall be amended as follows.
2
In paragraph (1)(a) after “maternity” insert “, paternity or adoption”.
18
1
Regulation E26 shall be amended as follows.
2
At the beginning of paragraph (1)(b) insert “subject to paragraph (1A),”.
3
After paragraph (1) insert the following —
1A
Where a person has made an election under regulation B7, paragraph (1)(b) has effect with the substitution for “2 years” of “1 year”.
.
19
1
Regulation E28 shall be amended as follows.
2
After paragraph (6)(b) insert the following —
c
any period beginning after that date for which additional contributions have been paid under regulation C9 or C10,
.
3
In paragraph (9) for “paragraphs (3) to (7)” substitute in each case “paragraphs (3) to (5) and (7)”.
20
1
Regulation E31 shall be amended as follows.
2
In paragraph (7)(a) after “maternity” insert “, paternity or adoption”.
3
In paragraph (13)(b) for “to whom on the material date the 1991 Act applied” substitute “who was on the material date a school teacher for the purposes of section 122 of the 2002 Act”.
4
In paragraph (13)(d)(i) for “to whom on the material date the 1991 Act applied,” substitute “who was on the material date a school teacher for the purposes of section 122 of the 2002 Act,” and for “section 2 of the 1991 Act” substitute “section 122 of the 2002 Act”.
5
In paragraph (13)(d)(ii) for “to whom on the material date the 1991 Act does not apply” substitute “who was not on the material date a school teacher for the purposes of section 122 of the 2002 Act”.
21
1
Regulation E33 shall be amended as follows.
2
In paragraph (4) after “paragraphs” insert “(4A) and”.
3
After paragraph (4) insert the following —
4A
a
Where a written application is made to the Secretary of State, a benefit that does not consist of a single payment may be paid quarterly.
b
The first payment under this paragraph is to be made two months after the day on which it would have been made if no such application had been made, and subsequent payments, if any, are to be made at quarterly intervals thereafter.
c
In relation to payments made under this paragraph,
i
paragraph (6) shall have effect as if for “paragraph (4)” there were substituted “paragraph (4A)”, and references to the “due date” in this regulation shall be construed accordingly, and
ii
paragraph (9) shall have effect as if for “(A/12)” and “month” there were substituted “(A/4)” and “quarter” respectively.
.
22
1
Regulation E34 shall be amended as follows.
2
For paragraph (4)(b) substitute the following —
b
the date referred to
i
in regulation E33(4) in relation to each payment in the case of any other monthly payment, or
ii
in regulation E33(4A) in relation to each payment in the case of any other quarterly payment.
.
23
1
Regulation F2 shall be amended as follows.
2
In paragraph (2)(a) after “(acceptance of transfer value)” insert “or F4A(3) (acceptance of transfer values as part of a bulk transfer”.
3
In paragraph (3) after “regulation F4” insert “or F4A”.
24
1
Regulation F4 shall be amended as follows.
2
In paragraph (1) after “Subject to paragraphs (2) to (6)” insert “and to regulation F4A”.
25
After regulation F4 insert the following —
Acceptance of transfer values as part of a bulk transfer
F4A
1
This regulation applies where, as the result of a transfer of undertakings to a new employer, a person or a group of persons has become employed in pensionable employment and is given the opportunity to transfer past service pension rights, referred to below as a “bulk transfer”.
2
Subject to regulation F4(5) and (6), a transfer value may be accepted by the Secretary of State in respect of a person who has made a written application within 3 months of the date on which that person was notified of the opportunity to take part in the bulk transfer.
3
A person in respect of whom a transfer of such rights has been accepted as part of a bulk transfer is entitled to count reckonable service in accordance with the agreed terms of the bulk transfer, the Secretary of State having taken advice from the Government Actuary.
.
26
1
Regulation G1 shall be amended as follows.
2
For Regulation G1 substitute the following —
1
An account in a form approved by the Treasury is to be prepared by the Secretary of State for every financial year starting with the financial year ending 31st March 1998.
2
The account shall be open to examination by the Comptroller and Auditor General.
.
27
1
Regulation G2 shall be amended as follows.
2
In paragraph (4)(b) for “regulation F4” substitute “regulations F4 and F4A”.
28
1
Regulation H3 shall be amended as follows.
2
In paragraph (1)(c) after “have” insert “been”.
3
In paragraph (1)(g) after “maternity” insert “, paternity or adoption”.
29
1
Schedule 1 shall be amended as follows.
2
In the definition of “Act” omit “the 1991 Act,”.
3
Omit “The 1991 Act” and its definition.
4
After the definition of “The 1999 Act” insert the following —
“The 2002 Act” The Education Act 2002.
.
5
After the definition of “Admitted service” insert the following —
“Adoption leave” Adoption leave within the meaning of the Paternity and Adoption Leave Regulations 2002.
.
6
After the definition of “Appropriate rights” after “1999” insert insert “Act”.
7
After the definition of “Club scheme” insert the following —
“COBISEC” Council of British Independent Schools in the European Communities.
.
8
After the definition of “Member” insert the following —
“Non-profit-making body” A body whose constitution (1) requires any surplus income or gains to be invested; (2) prohibits the distribution of the assets of the body, in cash or kind, by way of dividend, bonus or otherwise by way of profit to any member of the body or to a third party (other than for charitable purposes); and (3) provides for any net assets on the dissolution of the body to be applied for charitable purposes or for the purposes for which that body existed prior to its dissolution.
.
9
After the definition of “Part-time” insert the following —
“Paternity leave” Paternity leave within the meaning of the Paternity and Adoption Leave Regulations 2002.
.
10
Omit “School Achievement Award” and its definition.
30
1
Schedule 2 shall be amended as follows.
2
In paragraph 2 after “special school” insert “not”.
3
In paragraph 5 omit “, organiser or supervisor”.
4
In paragraph 24 omit “the Edexcel Foundation”.
5
In paragraph 24 omit “the Education 2000 Trust”, “the London Open College Federation”, “the National Education Resources Information Service” and “the Yorkshire and Humberside Association for Further and Higher Education”.
6
In paragraph 24 for “the Macmillan Institute of Education” substitute “the Macmillan National Institute of Education”.
7
For paragraph 26 substitute the following —
Teacher or organiser employed by a body formerly within paragraph 19, 20 or 23 which is a non-profit-making body whose principal source of funding is fees paid by a local education authority.
.
31
1
Schedule 10 shall be amended as follows.
2
At the beginning of paragraph 35 insert “Subject to paragraph 35A,”.
3
After paragraph 35 insert the following —
35A
Where a transfer value has been accepted in respect of a person to whom this Part applies as part of a bulk transfer under regulation F4A, he is entitled to count reckonable service in accordance with that regulation.
.
4
In paragraph 37(a) omit the final “and”.
5
At the end of paragraph 37(b) insert “and”.
6
After paragraph 37(b) insert the following —
c
has not had a break in pensionable employment under these Regulations or the 1995 Regulations for any one period of 5 years or more ending after 6th March 1995,
.
7
At the end of paragraph 37 after “the age of 55” insert “and as if regulations E4(2)(a) and E4(3)(a) had effect with the insertion after “the age of 60” of “and was in pensionable employment on attaining that age”.
32
Schedule 13 shall be deleted.
Election in respect of protected benefit
33
1
This regulation applies to a person —
a
to whom a protected benefit is being paid or may become payable, and
b
who is placed in a worse position than he would have been in if a provision made by these Regulations (“the relevant provision”) had not applied in relation to the protected benefit.
2
A protected benefit is one which is being paid or may become payable under the Teachers' Pensions Regulations 1997 to, or in respect of, a person who was employed in qualifying employment but ceased to be employed, or died, before 31st March 2004.
3
A person to whom this regulation applies may, by giving written notice to the Secretary of State before 31st July 2004, elect that the relevant provision shall not apply in relation to the protected benefit.
4
If the election under paragraph (3) is made in relation to a benefit of a person who is in pensionable employment or who subsequently becomes re-employed in pensionable employment —
a
the election shall have effect in relation to the benefit only to the extent that it accrues or has accrued by virtue —
i
of periods of reckonable service before the cessation referred to in paragraph (2) (or, if there had been more than one cessation, the last of them before 31st March 2004), or
ii
of contributions paid in respect of such periods of reckonable service, and
b
in determining entitlement to, or the amount of, the benefit to that extent he shall be treated as if he had never re-entered pensionable employment again at any time after the cessation referred to in paragraph (2) (but without prejudice to the application of this paragraph),
and the Teachers' Pensions Regulations 1997 shall apply accordingly.
5
In paragraph (2) “qualifying employment” means pensionable employment or excluded employment within the meaning of the Teachers' Pensions Regulations 1997.
David Miliband
Minister of State
Department for Education and Skills
2nd March 2004
We consent,
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2004


text:
Citation and commencement
1
This Order may be cited as the Regional Assembly and Local Government Referendums (Counting Officers' Charges) Order 2004 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“ballot paper returned” means a ballot paper returned in the voting area for which the counting officer acts;
“counting officer” means —
in relation to a Regional Assembly referendum, the person appointed under section 128(3) of the Political Parties, Elections and Referendums Act 2000 as the counting officer for a voting area;
in relation to a Regional Assembly referendum and local government referendum where the polls are combined, the person —
who is the counting officer referred to in paragraph (a); and
who, pursuant to an order made under Part 1 of the Preparations Act 2003, is the counting officer for the local government referendum for the same voting area;
“local government referendum” means a referendum held pursuant to section 2(2) of the Preparations Act 2003;
“the Preparations Act 2003” means the Regional Assemblies (Preparations) Act 2003;
“Regional Assembly referendum” means a referendum held pursuant to section 1 of the Preparations Act 2003;
“the register of electors” means, except in article 4, the part of the register used at the referendum at which the services were rendered or expenses incurred, in relation to the voting area for which the counting officer acts;
“voting area” means one of the following where comprised in the referendum area —
a district in England,
the Isle of Wight,
the Isles of Scilly.
Amounts payable to counting officers
3
1
On an account being submitted to the Electoral Commission by the counting officer within 6 months of the date of the referendum concerned, the Electoral Commission shall, subject to paragraphs (2) to (4), pay the reasonable charges of the counting officer in respect of any services properly rendered or expenses properly incurred by him in connection with a Regional Assembly referendum or a local government referendum.
2
The maximum amount payable to a counting officer under paragraph (1) for a Regional Assembly referendum at which the poll in his voting area is not held in combination with any other poll, shall be the aggregate of —
a
115 pence per elector on the register of electors, and
b
22 pence for each ballot paper returned.
3
Where the poll at a Regional Assembly referendum in a counting officer’s voting area is held in combination only with the poll at a local government referendum, the maximum amount payable to a counting officer pursuant to paragraph (1) for those referendums shall be the aggregate of —
a
173 pence per elector on the register of electors, and
b
22 pence —
i
for each ballot paper returned, where the ballot paper used at the Regional Assembly referendum and the local government referendum is a combined ballot paper; or
ii
where separate ballot papers are used at the Regional Assembly referendum and the local government referendum, for each ballot paper returned at the poll at which the greater number of ballot papers is returned.
4
Where the poll at a Regional Assembly referendum in a counting officer’s voting area is held in combination with a poll pursuant to section 7(1) of the Preparations Act 2003 and which is not a local government referendum, the maximum amount payable to a counting officer pursuant to paragraph (1) for a Regional Assembly referendum and any local government referendum with which it is held in combination in that voting area, shall be the aggregate of —
a
58 pence per elector on the register of electors, and
b
10 pence —
i
for each ballot paper returned, where the ballot paper used at the Regional Assembly referendum and the local government referendum is a combined ballot paper; or
ii
where separate ballot papers are used at the Regional Assembly referendum and the local government referendum, for each ballot paper returned at the poll at which the greater number of ballot papers is returned.
5
The Electoral Commission may pay more than the maximum amount calculated in accordance with paragraphs (2) to (4), if the Commission is satisfied that —
a
the charges made for services properly rendered and expenses properly incurred are of a reasonable amount; and
b
it was reasonable for the counting officer concerned to have rendered the services or incurred the expenditure in question.
Advances
4
1
Subject to paragraph (2), on the counting officer’s request for an advance on account of his charges, the Electoral Commission may, on such terms as the Commission shall think fit, make such an advance to a maximum of 104 pence per elector on the register of electors.
2
Where either the poll at a Regional Assembly referendum, or the polls at a Regional Assembly referendum and a local government referendum which are combined, is, or are, to be held in combination with another poll pursuant to section 7(1) of the Preparations Act 2003, the advance may not exceed 52 pence per elector on the register of electors.
3
Where the advance made by the Electoral Commission to a counting officer under paragraph (1) or paragraph (2) is greater than the amount the Electoral Commission determines should be paid to that counting officer under article 3 the difference between the sum advanced and the sum determined shall be refunded by the counting officer to the Commission.
4
In this article “the register of electors” means the part of the register to be used at the referendum in relation to the voting area for which the counting officer acts, at the date on which the order is made under section 1 of the Preparations Act 2003 causing the Regional Assembly referendum to be held.
Superannuation payments to local authorities
5
Where the superannuation contributions required to be paid by a local authority in respect of any person are increased as a consequence of a fee paid as part of a counting officer’s charges under this Order, then, on an account being submitted to the Electoral Commission within six months of the date of the referendum concerned, the Commission shall pay to that authority a sum equal to that increase.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
22nd July 2004
We consent to this Order
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
4th August 2004