text:
PART I
Introductory
Citation and commencement
1
This Order may be cited as the Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 and shall come into force on the fourteenth day after the day on which it is made.
Interpretation
2
In this Order —
“the 1972 Act ” means the Local Government Act 1972 ;
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
“the 2000 Act” means the Countryside and Rights of Way Act 2000;
“the Chilterns Area of Outstanding Natural Beauty” means the area designated on 26th May 1964 by the Chilterns Areas of Outstanding Natural Beauty (Designation) Order 1964 and varied on 14th November 1988 by the Chilterns Area of Outstanding Natural Beauty (Designation) Variation Order 1988 ;
“ the Board ” means the Conservation Board for the Chilterns Area of Outstanding Natural Beauty as established by article 3;
“the establishment day” means 14th December 2004; and
“the operative day” means the 1st February 2005.
PART II
Establishment, Constitution and Administration of the Board
Establishment of the Board
3
On the establishment day there shall be established a conservation board for the Chilterns Area of Outstanding Natural Beauty to be known as “the Conservation Board for the Chilterns Area of Outstanding Natural Beauty”.
Specified number of Board members
4
1
The specified number of local authority members of the Board shall be 15.
2
The specified number of members of the Board to be appointed by the Secretary of State shall be 8.
3
The specified number of parish members of the Board shall be 6.
Appointment of local authority members
5
Each local authority specified in Schedule 1 (being collectively the local authorities for the areas wholly or partly comprised in the Chilterns Area of Outstanding Natural Beauty) shall appoint one member to the Board.
Appointment of parish members
6
The parish members of the Board shall be appointed, in accordance with the provisions of Schedule 2, by the parish councils and parish meetings specified in Part IV of that Schedule (being collectively the parish councils for parishes the whole or any part of which is comprised in the Chilterns Area of Outstanding Natural Beauty and the parish meetings of any of those parishes which do not have separate parish councils).
First appointment of members
7
Each local authority specified in Schedule 1, the Secretary of State, and the parish councils and parish meetings specified in Part IV of Schedule 2 (acting in accordance with the provisions of Part I of that Schedule), shall appoint their respective first members before the establishment day and those appointments shall take effect on that day; but no appointment shall be treated as invalid by reason only of a failure to make the appointments in accordance with this article.
Resignation of office
8
A member of the Board may at any time resign his membership by giving notice in writing to the chief officer of the Board, and his resignation shall take effect on the receipt of that notice by that officer.
Vacancies
9
1
Where a vacancy arises in the membership of the Board, it shall be filled as soon as practicable —
a
where the vacancy is created by a local authority member, by the authority in whose representation the vacancy arises,
b
where the vacancy is created by a member appointed by the Secretary of State, by the Secretary of State,
c
where the vacancy is created by a parish member, by the parish councils and parish meetings referred to in Part IV of Schedule 2,
in accordance with the appropriate provisions of Schedule 13 to the 2000 Act and Parts II and III of Schedule 2 to this Order, as the case may be.
2
Where, by virtue of paragraph 4(4)(a) of Schedule 13 to the 2000 Act a vacancy arises in the membership of the Board as a result of a local authority member ceasing to be a member of the local authority, that person shall nevertheless continue to be a local authority member of the Board until —
a
notice is given to the Board under article 10(1)(a) of the appointment of a new local authority member of the Board to fill that vacancy, or
b
the expiration of 3 months from the day that vacancy arises,
whichever is the earlier.
3
Where by virtue of paragraph 5(3) or (4) of Schedule 13 to the 2000 Act a vacancy arises in the membership of the Board as a result of a parish member of the Board ceasing to be a member of the parish council or chairman of the parish meeting (as the case may be), that person shall nevertheless continue to be a parish member of the Board until —
a
notice is given by the Board under paragraphs 22(1)(b), 22(3)(b) or 25(b) (as the case may be) of Schedule 2 of the appointment of a new parish member of the Board to fill that vacancy, or
b
the expiration of 3 months from the day that vacancy arises,
whichever is the earlier.
Notice of appointment, etc.
10
1
Where a member is appointed to the Board, or a vacancy arises in the membership of the Board, for any reason other than resignation —
a
where the member, or the member giving rise to the vacancy, is, or was, a local authority member, the council by whom he was appointed,
b
where the member, or the member giving rise to the vacancy, was appointed by the Secretary of State, the Secretary of State,
shall as soon as practicable give notice in writing to the Board and that notice shall state the date of his appointment or, as the case may be of the occurrence of the vacancy.
2
Where a vacancy arises in the membership of the Board for any reason other than resignation and the member giving rise to the vacancy was a parish member, the parish council of which he was a member or the parish meeting of which he was chairman (as the case may be), shall as soon as practicable give notice in writing to the Board and that notice shall state the date of the occurrence of the vacancy.
3
As soon as practicable after receiving notice under article 8 (resignation) or this article, the Board shall give public notice of —
a
the appointment, or as the case may be, the resignation, termination or vacancy, and
b
the name of the person concerned.
Removal of members appointed by the Secretary of State
11
The Secretary of State may remove from office any member of the Board appointed by her either —
a
by giving that member three months' written notice of the termination of the appointment; or
b
in such other manner as may be provided for in the terms of that member’s appointment.
Disqualification of members
12
1
A person is disqualified from becoming or remaining a member of the Board if he holds any paid office or employment, appointments to which are, or may be, made or confirmed by —
a
the Board or any council by whom a local authority member of the authority is appointed;
b
any committee or sub-committee of the Board or of any such council;
c
any joint committee on which the Board or any such council is represented;
d
any parish council for, or parish meeting of, a parish the whole or any part of which is comprised in the Chilterns Area of Outstanding Natural Beauty;
e
any committee or sub-committee of any such parish council or parish meeting;
f
any joint committee on which any such parish council or parish meeting is represented; or
g
any person himself holding an office or employment which disqualifies him from becoming a member of the Board.
2
A person is also disqualified from becoming or remaining a member of the Board if he holds any employment in a company which, in accordance with Part V of the 1989 Act other than section 73, would be under the control of the Board.
3
Section 92 of the 1972 Act (proceedings for disqualification) shall apply in relation to a person who acts or claims to be entitled to act as a member of the Board as it applies in relation to a person who acts or claims to be entitled to act as a member of a local authority, but as if —
a
references in that section to a local government elector for the area concerned were references to a local government elector for any area the whole or any part of which is comprised in the Chilterns Area of Outstanding Natural Beauty, and
b
in subsection (6)(b) of that section (failure to deliver declaration of acceptance of office), the words from “of failure” to “or by reason” were omitted.
4
Sections 1 to 3 of the 1989 Act (disqualification of persons holding politically restricted posts) shall have effect as if the Board were a local authority for the purposes of Part 1 of that Act.
Vacation of office for failure to attend meetings
13
Section 85 of the 1972 Act (failure to attend meetings) shall apply in relation to the Board as if the Board were a local authority for the purposes of that section.
Conduct of members and staff
14
1
Part III of the Local Government Act 2000 (conduct of local government members and employees) shall apply in relation to the Board as if the Board were a relevant authority within the meaning of section 49(6) of that Act.
2
Until such time as the Board pass a resolution adopting a code as regards conduct in accordance with section 51(1) of the Local Government Act 2000, the following provisions shall apply in relation to the Board as if the Board were a local authority —
a
section 31 of the 1989 Act (code of conduct);
b
sections 94 to 98 and 105 of the 1972 Act (restrictions on voting on account of interests); and
c
section 19 of the 1989 Act (members' interests).
3
Where the Board have passed a resolution adopting a code as regards conduct in accordance with section 51(1) of the Local Government Act 2000, the following provisions shall, where applicable to the Board, be disapplied as respects the Board —
a
section 17(1)(b), (3), (5)(b), (7) and (8) of the Audit Commission Act 1998 ;
b
in section 17(2) of that Act, the words “subject to subsection (3)” and paragraphs (a) and (b); and
c
section 18 of that Act.
Allowances and time off for members
15
1
Until such time as the Board shall make a scheme in accordance with Parts 2 and 3 of the Local Authorities (Members' Allowances) (England) Regulations 2003 , the Board shall be a body to which sections 174 to 176 of the 1972 Act (allowances for travelling, conferences and visits) shall apply.
2
Section 10 of the 1989 Act (limit on paid leave for local authority duties) shall apply in relation to the Board as if the Board were a relevant council for the purposes of that section.
Meetings and proceedings of the Board
16
Schedule 3 shall have effect in relation to the meetings and proceedings of the Board.
Discharge of functions, committees and sub-committees, and staff
17
1
Sections 101 to 104 and 106 of the 1972 Act (arrangements for committees and sub-committees) shall apply in relation to the Board as if the Board were a local authority for the purposes of those sections.
2
Accordingly, section 13 of the 1989 Act (voting rights of members of certain committees) shall apply as if the Board were a relevant authority for the purposes of that section.
3
It shall be the duty of the Board in relation to any committee or sub-committee to which this paragraph applies, to secure that —
a
the membership of the committee or sub-committee consists of at least one local authority member of the Board, one member of the Board appointed by the Secretary of State and one parish member of the Board;
b
subject to sub-paragraph (a), the division of members of the Board who are members of the committee or sub-committee between —
i
local authority members,
ii
members appointed to the Board by the Secretary of State, and
iii
parish members,
is (as nearly as possible using whole numbers) in the same proportions as required, by virtue of article 4, in the case of the Board themselves; and
c
the quorum of the committee or sub-committee includes at least one local authority member of the Board, one member of the Board appointed by the Secretary of State and one parish member of the Board.
4
Paragraph (3) applies to the following committees and sub-committees of the Board except those appointed under section 102(4) or (4A) of the 1972 Act (advisory committees), that is to say —
a
any committee or sub-committee of the Board;
b
any joint committee on which the Board is represented; and
c
any sub-committee of such a joint committee.
5
The proceedings of a committee or sub-committee to which paragraph (3) applies shall not be invalidated by any failure of the Board to perform their duty under that paragraph.
6
Sections 112 to 119 of the 1972 Act (staff of local authorities) and section 30 of the Local Government (Miscellaneous Provisions) Act 1976 (power to forgo repayment of remuneration) shall apply in relation to the Board as if the Board were a local authority for the purposes of those sections.
7
The following provisions of the 1989 Act shall apply in relation to the Board as if the Board were a relevant authority for the purposes of those provisions —
a
section 4 (designation and reports of head of paid service);
b
section 5 (designation and reports of monitoring officer);
c
section 7 (staff to be appointed on merit);
d
section 8 (standing orders with respect to staff) with the omission of subsection (4)(d) (assistants for political groups); and
e
section 12 (conflict of interest in staff negotiations).
Chief officer
18
1
There shall be a chief officer of the Board.
2
The first appointment of the chief officer shall be made by the Secretary of State after consultation with the Countryside Agency.
3
The Board shall, with the approval of the Secretary of State, make all subsequent appointments of the chief officer of the Board.
Personal liability of members and staff
19
Section 265 of the Public Health Act 1875 (personal liability of members and officers of certain authorities) shall apply as if —
a
the Board were an authority such as is mentioned in that section;
b
the references in that section to a member of the authority included, in relation to the Board, references to any person who is not such a member but for the time being serves as a member of a committee or sub-committee of the Board;
c
the references in that section to the purpose of executing that Act and to the purposes of that Act were each, in relation to the Board, references to the purpose of carrying out the functions of the Board; and
d
the words “or rate” were omitted.
Liaison with parish councils and parish meetings
20
The Board shall make arrangements with —
a
the parish councils for parishes the whole or any part of which is comprised in the Chilterns Area of Outstanding Natural Beauty, and
b
the parish meetings of any of those parishes which do not have separate parish councils,
for the purpose of informing and consulting those councils or meetings about the discharge of the functions of the Board.
Records, access to meetings and documents, notices and documents
21
1
The Local Government (Records) Act 1962 shall apply in relation to the Board as if the Board were a local authority for the purposes of that Act.
2
The following provisions of the 1972 Act —
a
Part VA (access to meetings and documents),
b
sections 224 and 225(1) (custody and deposit of documents),
c
sections 228 and 229 (inspection of documents and photocopies),
d
section 230 (reports and returns),
e
sections 231 to 234 (service and authentication of documents), and
f
sections 236 to 238 (byelaws),
shall apply as if for the purposes of those provisions the Board were a local authority or, in the case of Part VA and section 224, a principal council, and as if any reference in those provisions to the proper officer of the authority were a reference to the chief officer of the Board.
3
Section 41 of the Local Government (Miscellaneous Provisions) Act 1976 (evidence of resolutions and minutes of proceedings) shall apply as if the Board were a local authority for the purposes of that Act.
4
Where the Board have made any byelaws and those byelaws have been confirmed, the Board shall send a copy of the byelaws as confirmed to each local authority specified in Schedule 1.
Reports and returns
22
The Board shall, if so requested by the Secretary of State, forthwith give to —
a
the Countryside Agency,
b
each local authority specified in Schedule 1,
c
English Nature, and
d
each parish council and parish meeting specified in Part IV of Schedule 2,
a copy of any report, return or information which the Board is required to send or give to the Secretary of State in accordance with section 230 of the 1972 Act (reports and returns).
Financial administration and accounts, etc.
23
1
Sections 151 (financial administration) and 168 (financial returns) of the 1972 Act shall apply in relation to the Board as if the Board were a local authority for the purposes of those sections.
2
Subject to paragraphs (3) and (4), the Board shall —
a
keep a fund (to be known as the general fund) to which all income of the Board shall be carried, and from which all expenditure discharging liabilities shall be met; and
b
keep accounts of income and expenditure of the general fund.
3
The provisions of paragraph (1) are without prejudice to any provision contained in any enactment or instrument requiring the Board to keep —
a
a specific fund or funds in respect of specified income and expenditure of the Board; or
b
specific accounts in respect of specified income and expenditure of any funds of the Board.
4
Nothing in paragraph (2)(a) shall be construed as requiring or authorising the Board to apply or dispose of the surplus revenue arising from any undertaking carried on by them otherwise than in accordance with any enactment or instrument applicable to the undertaking.
Maladministration
24
The Board shall be an authority to which Part III of the Local Government Act 1974 (local government administration) applies.
PART III
Concurrent Functions of the Board
Concurrent functions
25
1
On and after the operative day the functions to which paragraph (2) applies shall be exercisable concurrently by a local authority specified in Schedule 1 and by the Board.
2
This paragraph applies to the functions of any local authority, so far as relating to the Chilterns Area of Outstanding Natural Beauty, under the following enactments —
i
section 164 of the Public Health Act 1875 (places of public recreation) as applied by section 180 of the 1972 Act;
ii
sections 1 to 3 of the Commons Act 1899 (regulation of commons);
iii
section 15 of the Open Spaces Act 1906 (byelaws for regulation of open spaces etc.);
iv
section 194 of the Law of Property Act 1925 (restriction on enclosure of Commons);
v
section 12 of the National Parks and Access to the Countryside Act 1949 (provision for accommodation, refreshments, camping sites, and parking places);
vi
section 21 of the National Parks and Access to the Countryside Act 1949 (establishment of nature reserves);
vii
section 64 of the National Parks and Access to the Countryside Act 1949 (access agreements);
viii
sections 89(1) to 89(4) of the National Parks and Access to the Countryside Act 1949 (tree planting and treatment of derelict land);
ix
section 90 of the National Parks and Access to the Countryside Act 1949 (byelaws);
x
section 92 of the National Parks and Access to the Countryside Act 1949 (wardens);
xi
section 99 of the National Parks and Access to the Countryside Act 1949 (contributions towards expenditure);
xii
section 235 of the 1972 Act (byelaws for good rule and government and suppression of nuisances);
xiii
section 23 of the Caravan Sites and Control of Development Act 1960 (power to prohibit caravans on commons);
xiv
section 24 of the Caravan Sites and Control of Development Act 1960 (power to provide sites for caravans);
xv
section 9 of the Commons Registration Act 1965 (protection of unclaimed common land);
xvi
section 4 of the Countryside Act 1968 (experimental projects or schemes);
xvii
section 7 of the Countryside Act 1968 (provision of country parks);
xviii
section 9 of the Countryside Act 1968 (powers over or near common land);
xix
section 10(1) to (3) of the Countryside Act 1968 (camping and picnic sites);
xx
section 27(1) and (4) of the Countryside Act 1968 (signposting of footpaths and bridleways);
xxi
section 41 of the Countryside Act 1968 (byelaws and wardens);
xxii
section 43 of the Countryside Act 1968 (general provisions as to powers);
xxiii
section 45 of the Countryside Act 1968 (agreements with landowners);
xxiv
sections 6 and 8 of the Refuse Disposal (Amenity) Act 1978 (removal and disposal of certain refuse);
xxv
section 11 of the Ancient Monuments and Archaeological Areas Act 1979 (acquisition of ancient monuments);
xxvi
sections 12 to 17 of the Ancient Monuments and Archaeological Areas Act 1979 (guardianship of ancient monuments);
xxvii
sections 19 and 20 of the Ancient Monuments and Archaeological Areas Act 1979 (public access to monuments under public control);
xxviii
section 21 of the Ancient Monuments and Archaeological Areas Act 1979 (transfer of ownership and guardianship of ancient monuments);
xxix
section 25 of the Highways Act 1980 (creation of footpath or bridleway by agreement);
xxx
section 62 of the Wildlife and Countryside Act 1981 (appointment of wardens for public rights of way);
xxxi
section 5(1), (4) and (7) of the Litter Act 1983 (litter bins);
xxxii
sections 54 and 55 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (urgent works to preserve unoccupied listed buildings and recovery of expenses);
xxxiii
sections 57 and 58 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (grants for repair and maintenance); and
xxxiv
section 94 of the 2000 Act (local access forums).
PART IV
Incidental, Supplemental, Consequential and Transitional Provisions
Land, enforceability of covenants
26
Section 33 of the Local Government (Miscellaneous Provisions) Act 1982 (enforceability by local authorities of certain covenants relating to land) shall have effect as if references to a principal council included references to the Board; and for the purposes of this paragraph the reference in subsection (1) of that section to section 111 of the 1972 Act shall have effect as a reference to the powers and functions of the Board.
Agreements as to incidental matters
27
1
The Board may from time to time make agreements in consequence of this Order with any public body (within the meaning of section 85(3) of the 2000 Act) with respect to —
a
any property, income, rights or liabilities (so far as affected by this Order) of the parties to the agreement; or
b
any financial relations between those parties.
2
Such an agreement may provide —
a
for the transfer or retention of any property, rights and liabilities, with or without conditions, and for joint use of any property;
b
for the making of payments by any party to the agreement in respect of —
i
property, rights and liabilities transferred or retained;
ii
the joint use of any property; or
iii
remuneration or compensation payable to any person.
3
In default of agreement as to any disputed matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties or, in default of agreement, appointed by the Secretary of State; and the award of the arbitrator may make any provision which might be contained in an agreement under this article.
4
In paragraph 3 “disputed matter” means any matter which might be the subject of provision contained in an agreement under this article.
Borrowing
28
1
Subject to paragraph (3), the Board may, with the approval of the Secretary of State, borrow money —
a
for any purpose relevant to their functions under any enactment, or
b
for the purposes of the prudent management of their financial affairs.
2
The approval of the Secretary of State under paragraph (1) may be given subject to conditions or limitations.
3
The Board may borrow by way of temporary loan or overdraft from a bank or otherwise such money as the Board may temporarily require for the purpose of meeting expenses pending the receipt of revenues receivable by them in respect of the period of account in which the expenses are chargeable.
4
A person lending money to the Board shall not be bound to enquire whether the Board have power to borrow the money and shall not be prejudiced by the absence of any such power.
Miscellaneous transactions and powers
29
1
The following provisions of the 1972 Act shall have effect as if the Board were a principal council for the purposes of that Act and as if the Chilterns Area of Outstanding Natural Beauty were the authority’s area —
a
section 132 (provision of premises for public meetings);
b
section 135 (contracts of local authorities);
c
section 136 (contributions towards expenditure on concurrent functions);
d
section 139 (acceptance of gifts of property);
e
sections 140, 140A and 140C (insurance);
f
sections 141 (research and the collection of information) and 142 (provision of information, etc.);
g
section 144 (power to encourage visitors and provide conference and other facilities); and
h
sections 222 and 223 (conduct of prosecutions and participation in other legal proceedings).
2
Section 38 of the Local Government (Miscellaneous Provisions) Act 1976 (use of spare capacity of local authority computers) shall have effect as if the Board were a local authority for the purposes of that Act.
3
Section 41 of the Local Government (Miscellaneous Provisions) Act 1982 (lost property) shall have effect as if the Board were a local authority for the purposes of that Act.
4
Section 45 of the Local Government (Miscellaneous Provisions) Act 1982 (arrangements under the Employment and Training Act 1973 ) shall have effect as if the Board were a local authority to which that section applies.
Supply of goods and services
30
The Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities) shall have effect as if the Board were both a local authority and a public body for the purposes of that Act.
Power to execute works outside the Chilterns Area of Outstanding Natural Beauty
31
Any power to execute works which is conferred on the Board by virtue of this Order or any other enactment shall be taken, except in so far as the contrary intention appears, to include power, for the purposes of the carrying out of the Board’s functions, to execute works of the relevant description outside, as well as inside, the Chilterns Area of Outstanding Natural Beauty.
Power to promote Bills
32
1
Subject to paragraph (2), section 239 of the 1972 Act (power of local authority to promote local or personal Bills) shall have effect in relation to the Board as if the Board were a local authority for the purposes of that Act.
2
The Board shall have no power to promote a Bill for —
a
modifying the Chilterns Area of Outstanding Natural Beauty;
b
modifying the Board’s own constitution; or
c
modifying the status or the electoral arrangements of any of the local authorities, parish councils or parish meetings mentioned, or referred to, in articles 5 and 6.
3
In sub-paragraph (2) above —
“electoral arrangements” means any electoral arrangements within the meaning of section 14(4) of the Local Government Act 1992 .
Restrictions on publicity
33
Part II of the Local Government Act 1986 (restrictions on publicity) shall have effect as if the Board were a local authority for the purposes of that Part.
Contracting out
34
Part II of the Deregulation and Contracting Out Act 1994 (contracting out) shall have effect as if the Board were a local authority for the purposes of that Part.
Continuity of exercise of functions
35
1
The concurrent exercise of functions by the Board under article 25 shall not affect the validity of anything done in relation to any of those functions before the operative day.
2
Where in relation to any function to which article 25 applies, the Board continue, on or after the operative day, any action or matter commenced by a local authority, anything done by that authority in relation to that action or matter shall, so far as is required for continuing its effect on or after the operative day, have effect as if done by the Board.
3
Any reference, however framed, to a local authority in any document relating to any of the functions to which article 25 applies shall, so far as is required for giving effect to this article, be construed as a reference to the Board.
Transfer of staff
36
The provisions of Schedule 4 shall have effect.
Signed on behalf of the Secretary of State
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
8th July 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) Order 2004 and shall come into force on 1st August 2004.
2
In this Order “the Document” means the Document published by the Stationery Office entitled “Attainment Targets and Programmes of Study in Modern Foreign Languages” .
3
This Order applies only to pupils in the third key stage at —
a
a community, foundation or voluntary school; or
b
a community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) (England) Order 2000 is hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to modern foreign languages.
David Miliband
Minister of State,
Department for Education and Skills
4th February 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 3 and Savings) Order 2004.
2
In this Order references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Anti-social Behaviour Act 2003.
Provisions coming into force on the commencement dates
2
The following provisions shall come into force in England on 30th June 2004, subject to the savings in the Schedule to this Order–
a
in Part 2 (housing)–
i
section 12 (anti-social behaviour: landlords' policies and procedures);
ii
section 13 (injunctions against anti-social behaviour on the application of certain social landlords);
iii
section 14 (security of tenure: anti-social behaviour) and Schedule 1 (demoted tenancies);
iv
section 15 (demoted assured shorthold tenancies);
v
section 16 (proceedings for possession: anti-social behaviour); and
vi
section 17 (devolution: Wales);
b
in Part 9 (miscellaneous powers), section 91 (proceedings under section 222 of the Local Government Act 1972: power of arrest attached to injunction);
c
in Part 10 (general)–
i
section 92 (repeals) in so far as it relates to the entries in Schedule 3 relating to the Housing Act 1996 ; and
ii
the entries in Schedule 3 relating to the Housing Act 1996.
3
In Part 9 (miscellaneous powers), section 90 (report by local authority in certain cases where person remanded on bail) shall come into force on 31 July 2004.
Signed by authority of the First Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
7th June 2004


text:
PART 1
GENERAL
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Independent Review of Determinations (Adoption) Regulations 2004 and shall come into force on 30th April 2004.
2
These Regulations apply to England only.
3
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 —
a
is under regulation 10(1)(b) of the 1983 Regulations ; and
b takes place on or after 30 April 2004.
4
In these Regulations —
“ the Act ” means the Adoption Act 1976;
“the 1983 Regulations” means the Adoption Agencies Regulations 1983 ;
“adoption panel” means a panel established in accordance with regulation 5 of the 1983 Regulations;
“the central list” shall be construed in accordance with regulation 3(2);
“panel” means a panel constituted in accordance with regulation 3(1);
“prospective adopter” means a person who proposes to adopt a child;
“review meeting” means a meeting convened in accordance with regulation 10 for the purposes of reviewing a qualifying determination; and
“social worker” means a social worker within the meaning of Part IV of the Care Standards Act 2000 .
Qualifying determination
2
For the purposes of section 9A(1) of the Act, a qualifying determination is a determination that has been made by an adoption agency in accordance with regulation 11A of the 1983 Regulations, that the adoption agency considers that a prospective adopter is not suitable to be an adoptive parent and does not propose to approve him as suitable to be an adoptive parent.
PART 2
PANELS
Constitution and functions of panels
3
1
The Secretary of State shall, on receipt of the application by a prospective adopter made in accordance with regulation 9, constitute a panel for the purpose of reviewing a qualifying determination.
2
The members of the panel shall be appointed by the Secretary of State from a list of persons (in these Regulations referred to as “the central list”) kept by the Secretary of State.
3
The members of the central list shall include —
a
social workers;
b
registered medical practitioners; and
c
other persons who are considered by the Secretary of State to be suitable as members, to include, where reasonably practicable —
i
adopted persons who have reached the age of 18 years; and
ii
adoptive parents.
4
A panel established under paragraph (1) shall —
a
review the qualifying determination; and
b
make to the adoption agency which made the qualifying determination a recommendation as to whether or not a prospective adopter is suitable to be an adoptive parent.
5
In considering what recommendation to make, the panel —
a
must consider and take into account all of the information passed to it in accordance with regulation 11A of the 1983 Regulations;
b
may request the adoption agency to obtain any other relevant information which the panel considers necessary or to provide such other assistance as the panel may request; and
c
may obtain such legal advice as it considers necessary in relation to the case.
Membership of panels
4
1
The maximum number of people who may be appointed to a panel is 10.
2
The panel shall include at least —
a
two persons falling within regulation 3(3)(a);
b
one person falling within regulation 3(3)(b); and
c
in addition at least four other persons falling within regulation 3(3)(c).
3
A person shall not be appointed to a panel if —
a
he or a member of his family was involved in the making of the qualifying determination in question;
b
he is employed by the adoption agency which made the qualifying determination in question or was employed by that agency within the period of two years prior to the date on which the qualifying determination was made;
c
where the adoption agency which made the qualifying determination is a local authority, he is an elected member of that local authority or was such a member within the period of two years prior to the date on which the qualifying determination was made;
d
where the adoption agency which made the qualifying determination is an appropriate voluntary organisation, he is concerned with the management of that agency or was so concerned within the period of two years prior to the date on which the qualifying determination was made;
e
he was approved as a prospective adopter by the adoption agency which made the qualifying determination in question;
f
in the case of an adopted person, the adoption agency which made the qualifying determination in question was the adoption agency which arranged his adoption; or
g
he knows, in a personal or professional capacity, the person making the application under regulation 9.
4
In this regulation —
a
“employed” includes employed whether or not for payment and whether under a contract of service or a contract for services or as a volunteer; and
b
“a member of his family” means —
i
his spouse;
ii
a member of his household; or
iii
a son, daughter, mother, father, sister or brother of his or of his spouse.
Chair and vice chair
5
1
The Secretary of State shall appoint to chair the panel a person who has expertise in adoption work and the skills and experience necessary for chairing a panel.
2
The Secretary of State shall appoint one of the members of the panel as vice chair to act as chair if the person appointed to chair the panel is absent.
Expenses of panel members
6
The Secretary of State may pay to any member of a panel such sum in respect of expenses as the Secretary of State considers to be reasonable.
Meetings of panels
7
The proceedings of the panel will not be invalidated provided at least six of its members including the chair or vice chair and a social worker are present.
Records
8
The Secretary of State shall ensure that a written record of a panel’s review of a qualifying determination, including the reasons for its recommendation and whether the recommendation was unanimous or that of a majority, is retained —
a
for a period of 12 months from the date on which the recommendation is made; and
b
in conditions of appropriate security.
PART 3
PROCEDURE
Application by prospective adopter for review of qualifying determination
9
An application by a prospective adopter to the Secretary of State for a review of a qualifying determination made in his case must be in writing and include the grounds of the application.
Appointment of panel and conduct of review
10
Upon receipt of an application which has been made in accordance with regulation 9, the Secretary of State shall —
a
notify the adoption agency which made the qualifying determination that the application has been made by sending to the agency a copy of the application;
b
send a written acknowledgment of the application to the prospective adopter and notify him of the steps taken under sub-paragraph (a);
c
appoint a panel in accordance with regulations 3 and 4;
d
fix a date, time and venue for the panel to meet for the purposes of a review meeting;
e
after taking the steps prescribed in sub-paragraph (d), inform in writing the prospective adopter who made the application and the adoption agency which made the qualifying determination of —
i
the appointment of the panel; and
ii
the date, time and venue of the review meeting; and
f
inform the prospective adopter in writing that he may, if he wishes, provide to the panel further details of the grounds of his application in writing in the period up to two weeks before the review meeting and orally at the review meeting.
Recommendation of panel
11
1
The panel’s recommendation may be that of the majority.
2
The recommendation and the reasons for it and whether it was unanimous or that of a majority must be recorded without delay in a document signed and dated by the chair.
3
The panel must without delay send a copy of the recommendation and the reasons for it to the prospective adopter and to the adoption agency which made the qualifying determination.
Order for payment of costs
12
The panel may make an order for the payment by the adoption agency by which the qualifying determination reviewed was made of such costs as the adoption panel considers reasonable.
Amendment of the 1983 Regulations
13
1
The 1983 Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 1(3) (interpretation) —
a
at the appropriate place insert —
“independent review panel” means a panel constituted under section 9A of the Act;
; and
b
in the definition of “registration authority”, after the second “the” insert “2000”.
3
In regulation 11A (adoption agency decisions and notifications- prospective adopters) —
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 —
i
he may submit any representations he wishes to make in writing to the agency; or
ii
he may apply to the Secretary of State for a review by an independent review panel of the agency’s proposal not to approve him as suitable to be a prospective adopter (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 agency”;
d
after paragraph (5) insert —
5A
If the 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
the written report in respect of the prospective adopter referred to in regulation 8(2)(g);
b
any written representations made by the prospective adopter in accordance with regulation 8(2)(h);
c
all of the information obtained by the agency in respect of the prospective adopter under regulation 8 or otherwise;
d
the documents referred to in paragraph (4)(a) and (b).
;
e
for paragraph (8) substitute —
8
The 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) after “and” insert “, if the case has been referred to an adoption panel under paragraph (6),”; and
g
after paragraph (9) insert —
9A
In a case where an independent review panel has made a recommendation, the agency shall send to the independent review panel a copy of the notification referred to in paragraph (9).
.
Margaret Hodge
Minister of State,
Department for Education and Skills
2nd February 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of North Hertfordshire) Order 2004 and shall come into force on 17th January 2005.
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 whole of the district of North Hertfordshire except the entire length of the A1 (M) (and its on and off slip roads) within the district.
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
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
8th December 2004


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions)(No.2) Order 2004 and shall come into force on 1 st September 2004.
Revocation
2
The Education (School Teachers' Pay and Conditions) (No.2) Order 2003 , the Education (School Teachers' Pay and Conditions) (No.3) Order 2003 and the Education (School Teachers' Pay and Conditions) Order 2004 are hereby revoked.
School Teachers' Pay and Conditions
3
1
This Order applies to school teachers within the meaning of section 122 of the Act in England and Wales .
2
It is hereby directed that the provisions set out in section 2 of the document published by The Stationery Office Limited and entitled “School Teachers' Pay and Conditions Document 2004 and Guidance on School Teachers' Pay and Conditions” shall have effect from 1 st September 2004, save for the provisions set out in Annex 6, part 1 of which shall have effect from 1 st April 2005 and part 2 of which shall have effect from 1 st September 2005.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
13th August 2004


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies)(England) Order 2004 and shall come into force on 23rd March 2004.
Designation as a public body
2
Each of the following bodies, being a person appearing to the Secretary of State to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970, in its application to England :
Pyramid Schools (Cornwall) Limited ;and
Haden Building Management Limited .
Restrictions on agreements – Pyramid Schools (Cornwall) Limited
3
Agreements which may be entered into by Pyramid Schools (Cornwall) Limited, by virtue of this Order, shall be subject to the following restrictions —
a
that any such agreements are for the provision of catering services to it by Cornwall County Council; and
b
that any such agreements are made in connection with the provision of services in the area of Cornwall County Council.
Restrictions on agreements – Haden Building Management Limited
4
Agreements which may be entered into by Haden Building Management Limited, by virtue of this Order, shall be subject to the following restrictions —
a
that any such agreements are for the supply of cleaning, catering, waste, hygiene, and pest and rodent control services to it by Rotherham Metropolitan Borough Council; and
b
that any such services are made in connection with the provision of services in the area of Rotherham Metropolitan Borough Council.
Signed by authority of the First Secretary of State,
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
27th February 2004


text:
Citation and commencement
1
1
This Order may be cited as the National Insurance Contributions and Statutory Payments Act 2004 (Commencement) Order 2004.
2
In this Order “the 2004 Act ” means the National Insurance Contributions and Statutory Payments Act 2004.
Commencement of provisions
2
The following provisions of the 2004 Act shall come into force on 1st September 2004 —
a
section 1 (payment of Class 1 contributions: Great Britain);
b
section 2 (payment of Class 1 contributions: Northern Ireland);
c
section 3 (agreements and joint elections: Great Britain);
d
section 4 (agreements and joint elections: Northern Ireland);
e
section 5 (recovery of contributions, etc : Great Britain);
f
section 6 (recovery of contributions, etc: Northern Ireland).
3
The following provisions of the 2004 Act shall come into force on 1st January 2005 —
a
section 9(1), (2) and (3) (compliance regime for statutory sick pay and statutory maternity pay: Great Britain);
b
section 10(1), (2) and (3) (compliance regime for statutory sick pay and statutory maternity pay: Northern Ireland).
4
The following provisions of the 2004 Act shall come into force on 6th April 2005 —
a
section 7 (Class 1, 1A, 1B or 2 contributions: powers to call for documents, etc: Great Britain);
b
section 8 (Class 1, 1A, 1B or 2 contributions: powers to call for documents, etc: Northern Ireland);
c
section 9(4) and (5); and
d
section 10(4) and (5).
5
Section 11 of, and Schedule 1 to, the 2004 Act (minor and consequential amendments) shall come into force —
a
for the purpose of the following provisions of that Schedule —
i
paragraph 1;
ii
paragraph 2;
iii
in paragraph 3, sub-paragraph (3) and sub-paragraph (1) so far as relating to that sub-paragraph;
iv
in paragraph 4 sub-paragraph (3) and sub-paragraph (1) so far as relating to that sub-paragraph;
v
paragraph 5;
on 1st September 2004;
b
for the purposes of the following provisions of that Schedule —
i
in paragraph 3, sub-paragraph (2) and sub-paragraph (1) so far as relating to that sub-paragraph;
ii
in paragraph 4, sub-paragraph (2) and sub-paragraph (1) so far as relating to that sub-paragraph;
on 6th April 2005.
6
Section 12 of, and Schedule 2 to, the 2004 Act (repeals) shall come into force —
a
so far as they relate to the repeal of provisions of —
i
the Social Security Contributions and Benefits Act 1992 ;
ii
the Social Security Contributions and Benefits (Northern Ireland) Act 1992 ;
iii
the Social Security Contributions (Transfer of Functions, etc. ) Act 1999 , except the provisions of Schedule 5 to that Act;
iv
the Welfare Reform and Pensions Act 1999 ;
on 1st September 2004;
b
so far as they relate to the repeal of provisions of —
i
the Taxes Management Act 1970 ;
ii
the Social Security Administration Act 1992 ;
iii
the Social Security Administration (Northern Ireland) Act 1992 ;
iv
Schedule 5 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999;
v
the Child Support Pensions and Social Security Act 2000 ;
vi
the Child Support, Pensions and Social Security Act (Northern Ireland)2000 ;
on 6thApril 2005;
c
so far as they relate to the revocation of provisions of —
i
the Social Security (Northern Ireland) Order 1998 ;
ii
Schedule 3 and paragraph 8 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 ;
on 1st September 2004;
d
so far as they relate to the revocation of provisions of paragraphs 1 and 3 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999, on 6th April 2005.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2004


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Hull Trains Class 170/3) Exemption Order 2004 and shall come into force on 28th June 2004.
Interpretation
2
In this Order —
a
any reference to “the exempted vehicles” is a reference to the rail vehicles numbered 50393 to 50396, which form part of the fleet of diesel multiple-units numbered 170393 to 170396, as manufactured by Bombardier Transportation in the United Kingdom for use by Hull Trains Company Limited;
b
any reference to a numbered regulation is a reference to the regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 ;
c
any reference to a diagram is a reference to the diagram bearing that number in the Schedule to those Regulations; and
d
“priority seat” means a seat designated in accordance with regulation 8.
Authorisation and exemptions
3
1
Subject to articles 4 to 6, the exempted vehicles are authorised to be used for carriage even though they do not conform with those provisions of the Rail Vehicle Accessibility Regulations referred to in paragraph (2).
2
Those provisions are —
a
regulation 8(3), in so far as it requires a priority seat to comply with the specification in diagrams B2, B3 and B4 that the seat should have a maximum height of 460 millimetres from the floor; and
b
regulation 14(b), in so far as it applies to the deployment of a folding nappy-changing table in any toilet cubicle to which regulation 20 applies.
Condition
4
It is a condition of the exemption granted by article 3(2)(a) that diagrams B2, B3 and B4 shall apply to the priority seats in the exempted vehicles as if for a maximum height of 460 millimetres from the floor there is substituted a maximum height of 490 millimetres from the floor.
Expiry
5
1
The exemption given by article 3(2)(a), in respect of regulation 8(3), shall cease at the end of June 2006.
2
The exemption given by article 3(2)(b), in respect of regulation 14(b), shall cease at the end of June 2019.
6
The authorisation given by article 3(1) shall cease immediately in respect of any exempted vehicle if the diesel multiple-unit of which the exempted vehicle forms a part is operated by a person other than Hull Trains Company Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
21st May 2004


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Local Elections (Parishes and Communities) (Amendment) (No. 2) (England and Wales) Rules 2004.
2
These Rules come into force on 30th April 2004.
3
These Rules extend to England and Wales.
Amendment of parishes and communities rules
2
1
The rules in Schedule 3 to the Local Elections (Parishes and Communities) Rules 1986 shall be amended as follows.
2
In the Appendix of Forms —
a
in the Directions as to printing the ballot paper, in paragraph 2(b), after the words “particulars of the candidates”, insert “and the horizontal rules separating the particulars of the candidates”; and
b
in the form of candidate’s consent to nomination, in paragraph (d), after the words “resided in that parish or community”, insert “or within 4.8 kilometres of it”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
31st March 2004


text:
Citation and commencement
1
This Order may be cited as the Commissions for Local Administration (Extension of Jurisdiction) Order 2004, and shall come into force on 1st April 2004.
Internal drainage boards
2
Part III of the Local Government Act 1974 shall apply to every internal drainage board the continued existence of which is confirmed by section 1 of the Land Drainage Act 1991 or which is constituted or reconstituted pursuant to sections 3 to 5 of that Act.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as The New Relationship with Schools (Governors' Annual Report) Order 2004 and shall come into force on 5 th November 2004.
2
In this Order–
“the schools” means the 65 schools listed in the Schedule.
Exemption
2
The following provisions shall not apply to the governing bodies of the schools:
a
section 30(1) of the Education Act 2002 (requirement for governing bodies to produce the governors' annual report);
b
section 17(7) of the School Inspections Act 1996 (requirement for governing bodies to include in their annual report a statement as to compliance with special measures action plan);
c
paragraph 3(4) of Schedule 4 to that Act (requirement for governing bodies of voluntary or foundation schools with religious character to include in their annual report a statement as to compliance with special measures action plan); and
d
regulation 6 of and Schedule 2 to the Education (School Performance Targets) (England) Regulations 1998 (requirement for governing bodies to include their attainment targets in their annual report).
Modification
3
Section 317 of the Education Act 1996 shall, as it applies to the governing bodies of the schools, be modified to the extent provided:
a
subsection (5) (information as to the implementation of the governing body’s policy for pupils with special educational needs to be included in the governors' annual report) as if the words “The governing body shall produce” were substituted for the words “Each governors' report shall include” ; and
b
subsection (6) (information relating to provision for disabled pupils to be included in the governors' annual report) as if the words “Once in every school year the governing body shall produce a report containing” were substituted for the words “Each governors' report shall also include”.
Time period
4
This order shall have effect until 1 st September 2005.
Margaret Hodge
Minister of State,
Department for Education and Skills
6th October 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Categorisation) (England) (No.2) Order 2004 and shall come into force on 31st December 2004.
2
This Order applies in relation to English local authorities .
Categorisation report
2
The English local authorities, to which the report of the Audit Commission dated 8th November 2004 relates, are, by this Order, categorised in accordance with their categorisation in that report.
Excellent authorities
3
The local authorities listed in Schedule 1 to this Order are categorised as excellent.
Good authorities
4
The local authorities listed in Schedule 2 to this Order are categorised as good.
Fair authorities
5
The local authorities listed in Schedule 3 to this Order are categorised as fair.
Weak authorities
6
The local authorities listed in Schedule 4 to this Order are categorised as weak.
Poor authorities
7
The local authorities listed in Schedule 5 to this Order are categorised as poor.
Revocation
8
The Local Authorities (Categorisation) (England) Order 2004 is revoked.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
6th December 2004


text:
Title, extent and commencement
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2004; they apply in relation to England only and come into force on 20th January 2004.
Amendment of regulation 2 of the Products of Animal Origin (Third Country Imports) (England) Regulations 2003
2
For the definition of “local authority” in regulation 2(1) of the Products of Animal Origin (Third Country Imports) (England) Regulations 2003 there shall be substituted the following —
“local authority” means —
where there is a port health authority, that port health authority;
where there is no port health authority, but where there is a unitary authority, within the meaning of the Local Government Changes for England Regulations 1994 , that unitary authority;
where there is no port health authority and no unitary authority —
in a metropolitan or a non-metropolitan district, the council of that district; and
in each London borough, the council of that borough;
in the City of London, the Common Council; and
in the Isles of Scilly, the Council of the Isles of Scilly;
.
Whitty
Parliamentary Under Secretary of State,
Department for Environment Food and Rural Affairs
15th January 2004


text:
Citation and commencement
1
This Order may be cited as the Social Security (Industrial Injuries) (Dependency) (Permitted Earnings Limits) Order 2004 and shall come into force on 14th April 2004.
Increase of earnings limits in respect of dependent children
2
In paragraph 4(4) of Schedule 7 to the Social Security Contributions and Benefits Act 1992 —
a
in paragraph (a), for the amount of £160 there shall be substituted the amount of £165, and
b
in paragraph (b), for the amount of £20 there shall be substituted the amount of £21 and for the amount of £160 there shall be substituted the amount of £165.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
3rd March 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Barnsley (Electoral Changes) (Amendment) Order 2004.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2003 Order
2
1
The Borough of Barnsley (Electoral Changes) Order 2003 shall be amended as follows:
2
After article 1(2) shall be inserted —
3
Articles 5 and 6 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Penistone and Tankersley to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
3
In article 2(b), “Metropolitan” shall be deleted.
4
In article 4(4)(a), “(5) and (6)” shall be substituted for “(6) and (7)”.
5
In article 7, “Metropolitan” shall be deleted.
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No. 2) Regulations 2004 and shall come into force on 11th January 2005.
2
In these Regulations, “the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .
Amendment of regulation 1 of the Tribunal Regulations
2
In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation) —
a
in the definition of “the respondent”, in paragraph (i), at the end, add “or the Assembly”; and
b
in the definition of “the Suspension Regulations”, at the end, add “or the Suspension of Day Care Providers and Child Minders (Wales) Regulations 2004 .
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
14th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Nottinghamshire (Electoral Changes) Order 2004.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
Interpretation
2
In this Order –
“county” means the county of Nottinghamshire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ; and
any reference to the map is a reference to the map marked “Map referred to in the County of Nottinghamshire (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Nottinghamshire County Council.
Electoral divisions of the county of Nottinghamshire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into fifty-four electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
Nottinghamshire County Council shall make a print of the map marked “Map referred to in the County of Nottinghamshire (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for each district or borough in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The County of Nottinghamshire (Electoral Arrangements) Order 1980 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Disability Discrimination Codes of Practice (Employment and Occupation, and Trade Organisations and Qualifications Bodies) Appointed Day Order 2004.
2
In this Order, “the 1995 Act ” means the Disability Discrimination Act 1995.
Appointed Day
2
1
1 st October 2004 is the day appointed for the coming into effect of the following Codes of Practice (which were issued by the Disability Rights Commission on 30 th July 2004 under section 53A of the 1995 Act, having been laid in draft before Parliament on 20 th May 2004) —
a
the Disability Discrimination Act 1995 Code of Practice on Employment and Occupation ( ISBN No. 0-11-703419-3); and
b
the Disability Discrimination Act 1995 Code of Practice for Trade Organisations and Qualifications Bodies (ISBN No. 0-11-703418-5).
2
Paragraph (1) has effect subject to the provisions of article 3.
Transitional provision
3
1
This article applies where a court or tribunal is hearing any proceedings arising from a complaint (whenever presented) alleging that a person has, before 1 st October 2004, committed an act which is unlawful discrimination for the purposes of any provision of Part 2 of the 1995 Act.
2
Where this article applies, a Code of Practice referred to in article 2(1)(a) or (b) of this Order shall not have effect for the purposes of section 53A(8A) of the 1995 Act save to the extent referred to in paragraph (3).
3
Where the proceedings arise from a complaint presented to a tribunal before, but not determined by, 1 st October 2004, a Code referred to in that article shall have effect for those purposes to the extent that the Code deals with section 17A(1C) of the 1995 Act .
Andrew Smith
Secretary of State,
Department for Work and Pensions
2nd September 2004


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) (No 2) Regulations 2004 and shall come into force on 22 nd November 2004 except for regulation 7 which shall come into force on 6 th April 2005.
2
In these Regulations, “the 2000 Regulations ” means the Education (Student Loans) (Repayment) Regulations 2000 .
Amendment of the 2000 Regulations
3
The 2000 Regulations are amended as follows.
4
In regulation 9 insert after paragraph (2) the following —
3
In this Part a document is to be treated as served on a person when it is delivered to him or sent to him by post.
.
5
For regulation 10(2), substitute the following —
2
Any repayment received by the Secretary of State shall be applied by him in reduction or in satisfaction of:
a
first, any outstanding penalties, costs or expenses under regulation 13C or regulation 13D,
b
second, any outstanding penalties or charges under Part V,
c
third, any outstanding interest, and
d
fourth, any outstanding principal, which shall be reduced or satisfied from the date of receipt.
.
6
After regulation 13 insert the following regulations —
Information requests
13A
Every borrower must, within six weeks, inform the Secretary of State and provide him with particulars if either of the following occurs —
a
his home address changes; or
b
his name changes.
13B
1
The Secretary of State may serve a notice (“an Information Notice”) on a borrower at his home address.
2
An Information Notice under paragraph (1) requires the borrower to provide some or all of the following, together with documentary evidence in support where relevant —
a
his full name;
b
his telephone number;
c
his national insurance number or a valid reason for not having one;
d
his date of birth;
e
a statement of whether he is employed, self-employed or not employed;
f
the following particulars of his employment and income during the period specified in the notice —
i
for each part of that period during which he was employed, the dates on which the employment began and (unless it is still continuing) ended, the name and address of his employer, his employee number and his gross earnings,
ii
for each part of that period during which he was self-employed, the dates on which it began and (unless it is still continuing) ended and his gross earnings, and
iii
the amount, source and date of receipt of any other income.
3
An Information Notice under paragraph (1) must set out the provisions contained in regulation 13C.
4
Where the Secretary of State has served an Information Notice on a borrower under paragraph (1), the borrower must comply with it within a period of 28 days beginning with the day on which the Information Notice was served.
13C
1
Where a borrower has failed to comply with regulation 13A, the Secretary of State may require the borrower to pay a penalty of £50.
2
Where a borrower has failed to comply with regulation 13B(4), the Secretary of State may require the borrower to pay a penalty of £50.
3
Where a borrower has been liable to a penalty under paragraph (2) in respect of an Information Notice and has not paid it, upon expiry of the time limit for payment the Secretary of State may require the borrower to pay one additional penalty of £100 in respect of that Information Notice.
4
The Secretary of State must notify the borrower of a penalty imposed under paragraph (1), (2) or (3) by serving a notice (“a Penalty Notice”) on the borrower at his home address.
5
Notwithstanding the provisions of regulation 11(3), (4), (4A) and (4B), a penalty imposed under paragraph (1), (2) or (3) is payable within a period of 28 days beginning with the day on which the Penalty Notice was served and may be added to the borrower’s loan account.
13D
Where the Secretary of State incurs reasonable costs or expenses in taking steps to —
a
serve an Information Notice on a borrower under regulation 13B(1),
b
serve a Penalty Notice on a borrower under regulation 13C(4), or
c
obtain the information requested in an Information Notice served under regulation 13B(1),
he may require the reimbursement of those costs or expenses by the borrower and may add them to the borrower’s loan account.
13E
Where the Secretary of State considers that having regard to all the circumstances of a particular case a time limit in regulation 13B(4) or regulation 13C(5) should be relaxed, he may specify another time limit.
.
7
In the following regulations, for “£10,000” substitute “£15,000” —
a
regulation 13(4);
b
regulation 15(5)(a);
c
regulation 15(5)(aa);
d
regulation 29(2)(a);
e
regulation 29(2)(b);
f
regulation 56(4)(a).
8
In regulation 15(4) and (5) for “paragraph (1)” substitute “paragraph (3)”.
Kim Howells
Minister of State,
Department for Education and Skills
25th October 2004


text:
Citation, commencement and extent
1
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Amendment) Order 2004 and shall come into force on the expiry of seven days beginning with the day on which it is made.
2
This Order extends to England and Wales only.
Amendment of the Criminal Justice and Court Services Act 2000
2
1
Schedule 6 to the Criminal Justice and Court Services Act 2000 (which specifies trigger offences for the purposes of section 70 of the Act) shall be amended as follows.
2
In paragraph 1, after “section 15 (obtaining property by deception)”, insert “section 22 (handling stolen goods)”.
3
After paragraph 2, insert
3
An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger offence, if committed in respect of an offence under any of the following provisions of the Theft Act 1968 :
section 1 (theft)
section 8 (robbery)
section 9 (burglary)
section 15 (obtaining property by deception)
section 22 (handling stolen goods).
4
Offences under the following provisions of the Vagrancy Act 1824 are trigger offences:
section 3 (begging)
section 4 (persistent begging).
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
20th July 2004


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 12) Order 2004.
2
Section 57 of the Criminal Justice and Court Services Act 2000 (testing persons in police detention) shall come into force on 1st April 2004 within the following police areas :
a
Cambridgeshire;
b
Leicestershire;
c
Northumbria; and
d
West Midlands.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
16th March 2004


text:
1
This Order may be cited as the Armed Forces Act 2001 (Commencement No. 4) Order 2004.
2
Section 20 of the Armed Forces Act 2001 shall come into force on 22nd July 2004.
Ivor Caplin
Parliamentary Under-Secretary of State Ministry of Defence
21st July 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Code of Conduct) (Local Determination) (Amendment) Regulations 2004 and shall come into force on 4th November 2004.
2
These Regulations apply to relevant authorities in England and to police authorities in Wales.
Amendment of the Relevant Authorities (Standards Committee) Regulations 2001
2
The Relevant Authorities (Standards Committee) Regulations 2001 shall be amended by the substitution, for paragraph (4) of regulation 7 (application of the Local Government Act 1972), of the following —
4
Where a meeting of a standards committee or a sub-committee of a standards committee is convened to consider a matter referred under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of the Act the provisions of Schedule 12A of the 1972 Act shall apply with the addition of the following descriptions of exempt information after paragraph 15 of Part 1 of that Schedule —
16
Information relating to the personal circumstances of any person.
17
Information which is subject to any obligation of confidentiality.
18
Information which relates in any way to matters concerning national security.
19
The deliberations of a standards committee or of a sub-committee of a standards committee established under the provisions of Part III of the Local Government Act 2000 in reaching any finding on a matter referred under the provisions of section 60(2) or (3), 64(2), 70(4) or (5) or 71(2) of the Local Government Act 2000.
Amendment of the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003
3
The Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 shall be amended in accordance with the following provisions of these Regulations.
Amendment of regulation 2
4
In regulation 2 (interpretation), after paragraph (2), insert the following paragraph —
3
Any reference in these Regulations to a monitoring officer shall include any person nominated by a monitoring officer as his deputy for the purposes of section 5(7) of the Local Government and Housing Act 1989 and any person nominated under the provisions of section 82A(2) or (3) of the Act to perform any function. .
Amendment of regulation 4
5
In regulation 4 (modification of section 63 of the Local Government Act 2000) for paragraph (2) substitute the following paragraph —
2
Section 63(1) of the Act shall be modified by the insertion, after paragraph (a), of the following paragraph —
aa
the disclosure is made for any one or more of the following purposes —
i
enabling a monitoring officer, including any person nominated by a monitoring officer as his deputy for the purposes of section 5(7) of the Local Government and Housing Act 1989 and any person nominated under the provisions of section 82A(2) or (3), to perform any of his functions under this Part, or under Regulations made under this Part, in connection with —
a
the investigation and consideration of an allegation of a breach of an authority’s code of conduct, or
b
any other steps he may be directed to take by an ethical standards officer in connection with an allegation of a breach of an authority’s code of conduct;
ii
enabling a standards committee or sub-committee of a standards committee established under this Part to perform any of its functions under this Part, or under Regulations made under this Part, in connection with the investigation and consideration of an allegation of a breach of an authority’s code of conduct; or
iii
enabling a tribunal drawn from members of the Adjudication Panel to consider any appeal from a finding of a standards committee or sub-committee of a standards committee established under this Part in connection with an allegation of a breach of an authority’s code of conduct.
.
Amendment of regulation 5
6
For regulation 5 (reports received by a monitoring officer) substitute the following regulation —
Matters referred to a monitoring officer by an ethical standards officer
5
1
Where a matter is referred to a monitoring officer of an authority under section 64(2) or 71(2) of the Act he shall —
a
send a copy of any report received from the ethical standards officer who has referred the matter to any member who is the subject of such a report; and
b
arrange for the standards committee of that authority to meet to consider that report.
2
Paragraphs (3) to (12) apply where a matter is referred to a monitoring officer of an authority under section 60(2) or (3) or 70(4) or (5) of the Act.
3
The monitoring officer shall, unless otherwise directed by the ethical standards officer —
a
inform
i
any member who is the subject of the allegation of failure to comply with the code of conduct;
ii
the person who made the allegation; and
iii
any parish council concerned
that the matter has been referred to him for investigation;
b
subject to paragraph (6), conduct an investigation into the matter referred to him;
c
give any member who is the subject of the investigation the opportunity to comment on the allegation made; and
d
have regard during the conduct of his investigation to any guidance issued by the Standards Board pursuant to section 57(5) of the Act or pursuant to any order made under section 57(3) of the Act .
4
The monitoring officer may, in conducting any investigation —
a
require any of the authorities concerned to provide such advice and assistance as he may reasonably need to assist him in the investigation;
b
require any of the authorities concerned, other than a parish council, to meet the cost of any advice and assistance provided in accordance with sub-paragraph (a) so far as such cost is reasonable;
c
if any of the authorities concerned is a parish council, require the responsible authority to meet any costs incurred by that parish council in accordance with sub-paragraph (a) so far as such cost is reasonable; and
d
require any of the authorities concerned to afford him reasonable access to such documents in the possession of that authority as appear to him to be necessary for the purpose of conducting his investigation.
5
Where a monitoring officer conducts an investigation in accordance with paragraph (3)(b) he may, at any stage prior to the completion of his investigation, by a request in writing to the ethical standards officer concerned ask that the matter be referred back to that ethical standards officer for him to undertake an investigation; and any such request must set out the reasons for making it.
6
Where a matter is referred to an ethical standards officer under paragraph (5) the ethical standards officer must respond to the request within 21 days of its receipt and may —
a
direct that the matter be referred to him for investigation, in which case the monitoring officer concerned shall cease his investigation; or
b
direct that the monitoring officer concerned continue his investigation in accordance with these Regulations, in which case the monitoring officer concerned shall continue his investigation and may not make any further request under paragraph (5) in respect of that matter.
7
Where a monitoring officer of an authority conducts an investigation he shall, following such investigation —
a
make one of the following findings —
i
that he considers that there has been a failure to comply with the code of conduct of the authority concerned or, as the case may be, of any other authority concerned (“a finding of failure”); or
ii
that he considers that there has not been a failure to comply with the code of conduct of the authority concerned or, as the case may be, of any other authority concerned (a “finding of no failure”);
b
prepare a written report concerning his investigation and his findings;
c
send a copy of that report to the member who was the subject of the investigation;
d
where the report concerns a finding of failure, refer that report to the standards committee of his authority for a hearing under the provisions of these Regulations;
e
where the report concerns a finding of no failure, refer that report to the standards committee of his authority.
8
A standards committee which receives a report under paragraph (7)(e) shall consider the report and make one of the following findings —
a
that it accepts the monitoring officer’s finding of no failure (“a finding of acceptance”), or
b
that the matter should be considered at a hearing of the standards committee conducted under the provisions of these Regulations.
9
As soon as reasonably practicable after making a finding of acceptance, the standards committee shall —
a
give written notice of that finding to —
i
the member who is the subject of the finding of no failure;
ii
the ethical standards officer concerned;
iii
the standards committee of the authority concerned, if not the standards committee that made the finding;
iv
the standards committee of any other authority concerned, if not the standards committee that made the finding;
v
any parish council concerned; and
vi
any person who made an allegation that gave rise to the investigation; and
b
subject to paragraph (10), arrange for a notice to be published in at least one newspaper circulating in the area of the authority concerned or, as the case may be, in the area of each of the authorities concerned stating that the standards committee have found that there has not been a failure on the part of the member to whom the finding of no failure relates to comply with the code of conduct of the authority concerned or, as the case may be, with the code of conduct of any other authority concerned.
10
The notice referred to in paragraph 9(b) shall not be published if the member concerned so requests.
11
Where a monitoring officer has been directed by an ethical standards officer to deal with any matter referred to him otherwise than by conducting an investigation, the monitoring officer shall —
a
deal with the matter in accordance with the direction, and
b
within the period of three months beginning on the day on which he received the direction, submit to the ethical standards officer a written report giving details of what action he has taken or is proposing to take to comply with the direction.
12
If the ethical standards officer is not satisfied with the action taken or proposed to be taken he may require the monitoring officer to arrange for a statement to be published in at least one newspaper circulating in the area of the authority concerned or, as the case may be, in the area of each of the authorities concerned giving details of the direction given by the ethical standards officer and the monitoring officer’s reasons for not fully implementing it.
Amendment of regulation 6
7
In regulation 6 (hearings by standards committees) —
a
for paragraph (1) substitute the following paragraph —
1
Where —
a
a monitoring officer refers to a standards committee of an authority —
i
a report received from an ethical standards officer under section 64(2) or 71(2) of the Act, or
ii
a report prepared by the monitoring officer in accordance with regulation 5(7)(b) and which concerns a finding of failure; or
b
a standards committee makes a finding of the description in regulation 5(8)(b),
the standards committee shall convene to conduct a hearing in relation to the allegation that the member failed to comply with the code of conduct of the authority concerned or, as the case may be, of any other authority concerned.
;
b
in paragraph (2), for sub-paragraphs (a) to (c), substitute the following sub-paragraphs —
a
the hearing is conducted having regard to any guidance issued by the Standards Board pursuant to section 57(5) of the Act or pursuant to any order made under section 57(3) of the Act;
b
subject to sub-paragraph (c), the hearing is held within the period of three months beginning —
i
in the case of a report referred by an ethical standards officer under section 64(2) or 71(2) of the Act, on the date on which the monitoring officer first received that report; or
ii
in the case of a report prepared by the monitoring officer under regulation 5(7)(b), on the date on which that report is completed;
c
the hearing shall not be held until at least fourteen days after the date on which —
i
in the case of a report referred by the ethical standards officer under section 64(2) or 71(2) of the Act, the monitoring officer sent the report to the member who is the subject of the allegation; or
ii
in the case of a report prepared by the monitoring officer under regulation 5(7)(b), he sent the report to the member who is the subject of the allegation
unless, in either case, the member concerned agrees to the hearing being held earlier;
; and
c
after paragraph (8) insert the following paragraphs —
9
A standards committee may at any stage prior to the conclusion of the hearing adjourn the hearing and require the monitoring officer to seek further information or undertake further investigation on any point specified by the standards committee; but the standards committee shall not adjourn the hearing on more than one occasion under the provisions of this paragraph.
10
A standards committee may at any stage prior to the conclusion of the hearing adjourn the hearing and make a written request to the ethical standards officer concerned that the matter be referred back to the ethical standards officer for him to undertake an investigation; and any such request must set out the committee’s reasons for making it.
11
Where a matter is referred to an ethical standards officer under paragraph (10) the ethical standards officer must respond to the request within 21 days of its receipt and may —
a
direct that the matter be referred to him for investigation, in which case the standards committee shall cease its consideration of the matter; or
b
direct that the standards committee shall continue to deal with the matter in accordance with these Regulations, in which case the standards committee shall do so and shall not make any further request under paragraph (10) in respect of that matter.
12
Where an ethical standards officer gives a direction under paragraph (11)(b), the standards committee shall convene to continue its consideration of the matter within three months of the receipt of the ethical standards officer’s direction.
.
Amendment of regulation 7
8
In regulation 7 (findings of standards committees) —
a
in paragraph (3), for sub-paragraphs (i) to (vi) substitute the following —
i
censure of that member;
ii
restriction for a period up to a maximum of three months of that member’s access to the premises of the authority and that member’s use of the resources of the authority, provided that any such restrictions imposed upon the member —
aa
are reasonable and proportionate to the nature of the breach; and
bb
do not unduly restrict the member’s ability to perform his functions as a member;
iii
partial suspension of that member for a period up to a maximum of three months;
iv
suspension of that member for a period up to a maximum of three months;
v
a requirement that that member submit a written apology in a form specified by the standards committee;
vi
a requirement that that member undertake training as specified by the standards committee;
vii
a requirement that that member undertake conciliation as specified by the standards committee;
viii
partial suspension of that member for a period up to a maximum of three months or until such time as he submits a written apology in a form specified by the standards committee;
ix
partial suspension of that member for a period up to a maximum of three months or until such time as he undertakes such training or conciliation as the standards committee may specify;
x
suspension of that member for a period up to a maximum of three months or until such time as he submits a written apology in a form specified by the standards committee;
xi
suspension of that member for a period up to a maximum of three months or until such time as he undertakes such training or conciliation as the standards committee may specify.
, and
b
for paragraph (5), substitute the following —
5
A standards committee may direct that a sanction imposed under any of sub-paragraphs (ii) to (xi) of paragraph (3) shall commence on such date, within a period of six months after the imposition of that sanction, as the committee may specify in their direction.
.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
7th October 2004


text:
Citation, commencement and interpretation
1
This Order may be cited as the Yeovil Schools (School Day and School Year Regulations) Order 2004 and shall come into force on 1st June 2004.
2
In this Order the “ School Day and School Year Regulations ” means the Education (School Day and School Year) (England) Regulations 1999 .
Relaxation of the School Day and School Year Regulations
3
In regulation 3(2) of the School Day and School Year Regulations, in respect of its application to the governing bodies of the schools listed in the Schedule —
a
in relation to the school year 2003-2004, the number “378” is substituted for the number “380”; and
b
in relation to the school year 2004-2005, the number “376” is substituted for the number “380”.
Time limit
4
This Order shall have effect until 31st August 2005.
David Miliband
Minister of State
Department for Education and Skills
22nd April 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Disability Discrimination (Employment Field) (Leasehold Premises) Regulations 2004 and shall come into force on 1st October 2004.
2
These Regulations shall not extend to Northern Ireland.
Interpretation
2
In these Regulations —
“ the Act ” means the Disability Discrimination Act 1995; and
“binding obligation” means a legally binding obligation (not contained in a lease ) in relation to the premises whether arising from an agreement or otherwise.
Revocations
3
The Disability Discrimination (Employment) Regulations 1996 and the Disability Discrimination (Sub-leases and Sub-tenancies) Regulations 1996 are hereby revoked.
Lessor withholding consent
4
1
For the purposes of section 18A of and Part I of Schedule 4 to the Act, a lessor is to be taken to have withheld his consent to an alteration where he has received a written application by or on behalf of the occupier for consent to make the alteration and has failed to meet the requirements specified in paragraph (2).
2
The requirements are that the lessor within a period of 21 days (beginning with the day on which he receives the application referred to in paragraph (1)) or such longer period as is reasonable —
a
replies consenting to or refusing the application, or
b
i
replies consenting to the application subject to obtaining the consent of another person required under a superior lease or pursuant to a binding obligation, and
ii
seeks that consent.
3
A lessor who fails to meet the requirements in paragraph (2) but who subsequently meets those requirements (except as to time) —
a
shall be taken to have withheld his consent from the date of such failure, and
b
shall be taken not to have withheld his consent from the time he met those requirements (except as to time).
4
For the purposes of this regulation, a lessor is to be treated as not having sought another person’s consent unless he has applied in writing to that person indicating —
a
that the lessor’s consent to the alteration has been applied for in order to comply with a duty to make reasonable adjustments , and
b
that he has given his consent conditionally upon obtaining the other person’s consent.
Lessor withholding consent unreasonably
5
1
For the purposes of section 18A of and Part I of Schedule 4 to the Act, a lessor is to be taken to have withheld his consent unreasonably where paragraph (2), (3) or (4) applies.
2
This paragraph applies where —
a
the lease provides that consent shall or will be given to an alteration of the kind in question; and
b
the lessor withholds his consent to the alteration.
3
This paragraph applies where —
a
the lease provides that consent shall or will be given to an alteration of the kind in question if it is sought in a particular way;
b
it is sought in that way; and
c
the lessor withholds his consent to the alteration.
4
This paragraph applies where the lessor is taken to have withheld his consent by virtue of regulation 4.
Lessor withholding consent reasonably
6
1
For the purposes of section 18A of and Part I of Schedule 4 to the Act, a lessor is to be taken to have acted reasonably in withholding his consent where —
a
there is a binding obligation requiring the consent of any person to the alteration;
b
he has taken steps to seek that consent; and
c
that consent has not been given or has been given subject to a condition making it reasonable for him to withhold his consent.
2
For the purposes of section 18A of and Part I of Schedule 4 to the Act, a lessor is to be taken to have acted reasonably in withholding his consent where —
a
he is bound by an agreement which allows him to consent to the alteration in question subject to a condition that he makes a payment, and
b
that condition does not permit the lessor to make his own consent subject to a condition that the occupier reimburse him the payment.
Lessor’s consent subject to conditions
7
1
For the purposes of section 18A of and Part I of Schedule 4 to the Act, a condition subject to which a lessor has given his consent is to be taken to be reasonable if it is any of the following (or a condition to similar effect) —
a
that the occupier must obtain any necessary planning permission and any other consent or permission required by or under any enactment;
b
that the occupier must submit any plans or specifications for the alteration to the lessor for approval (provided that the condition binds the lessor not to withhold approval unreasonably) and that the work is carried out in accordance with such plans or specifications;
c
that the lessor must be permitted a reasonable opportunity to inspect the work when completed; and
d
that the occupier must repay to the lessor the costs reasonably incurred in connection with the giving of his consent.
2
For the purposes of section 18A of and Part I of Schedule 4 to the Act, in a case where it would be reasonable for the lessor to withhold consent, a condition that upon expiry of the lease the occupier (or any assignee or successor) must reinstate any relevant part of the premises which is to be altered to its state before the alteration was made is to be taken to be reasonable.
Definition of sub-lease and sub-tenancy
8
For the purposes of section 18A of the Act —
“sub-lease” means any sub-term created out of, or deriving from, a leasehold interest; and
“sub-tenancy” means any tenancy created out of, or deriving from, a superior tenancy.
Modification of section 18A and Part I of Schedule 4
9
In relation to any case where the occupier occupies premises under a sub-lease or sub-tenancy, the provisions of section 18A of and Part I of Schedule 4 to the Act shall have effect as if they contained the following modifications —
a
in section 18A, for “the lessor” substitute “his immediate landlord” where it occurs in subsection (2)(a) and (b), and “the immediate landlord” where it occurs in subsection (2)(c) and (d) and subsection (4);
b
after section 18A(2) insert —
2A
Except to the extent to which it expressly so provides, any superior lease under which the premises are held shall have effect in relation to the lessor and lessee who are parties to that superior lease as if it provided —
a
for the lessee to have to make a written application to the lessor for consent to the alteration;
b
if such an application is made, for the lessor not to withhold his consent unreasonably; and
c
for the lessor to be entitled to make his consent subject to reasonable conditions.
;
c
in paragraph 2 of Schedule 4, at the end insert —
10
In this paragraph and paragraph 3, references to a lessor include any superior landlord.
.
Signed by the authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
26th January 2004