text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 2003 and shall come into force on 1st June 2003.
2
In these Regulations “the principal Regulations ” means the Motor Vehicles (Tests) Regulations 1981 .
3
Subject to regulations 24 and 25, these Regulations apply in relation to, and for purposes connected with, examinations of motor vehicles under Parts III and IV of the principal Regulations carried out on or after 1st June 2003.
Amendment of Regulations
2
The principal Regulations shall be further amended in accordance with regulations 3 to 23 and 26 of these Regulations.
Interpretation
3
1
In regulation 3(1) —
a
after the definition of “the 1981 Act” insert the following definition —
“the 1988 Act ” means the Road Traffic Act 1988;
;
b
for the definition of “designated council”, substitute the following definition —
“designated council” means a council designated by the Secretary of State for the purposes of sections 45 (tests of satisfactory condition of vehicles) and 46 (particular aspects of regulations under section 45) of the 1988 Act;
c
for the definition of “examination”, substitute the following definition —
“examination” means an examination of a motor vehicle for the purposes of section 45 of the 1988 Act
;
d
omit the definition of “traffic area” (and of “office” in relation to a traffic area); and
e
insert, at the appropriate places, the following definitions —
“communication” includes a communication comprising sounds or images or both and a communication effecting a payment;
;
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of a telecommunications system (within the meaning of the Telecommunications Act 1984); or
by other means but while in an electronic form;
;
“inspector” means a person appointed by a designated council for the purposes of sections 45 and 46 of the 1988 Act;
;
“proper officer”, in relation to a designated council in England or Wales, has the meaning given by section 270(3) of the Local Government Act 1972;
;
“section 66A examiner” means an examiner appointed under section 66A (appointment of vehicle examiners) of the 1988 Act;
;
“the records” means the records of the results of examinations for the purposes of section 45 of the 1988 Act maintained by the Secretary of State (or caused by him to be maintained); and “the electronic record” means such of those records as is maintained in electronic form;
and
“ VOSA ” means the Vehicle and Operator Services Agency
.
2
After paragraph (5), insert the following paragraph —
6
References in these Regulations to the making, by electronic communication, of entries in the electronic record include references to causing entries to be made in that record (either by electronic communication or by other means notified by the Secretary of State).
.
Exemptions
4
In regulation 6 (exemptions) —
a
in paragraph (1)(xix), after “granted by a local authority” insert “or Transport for London ”; and
b
In paragraph (4) —
i
after “issued the licence” (in the first place where those words appear), insert “(“the licensing authority”)”; and
ii
for “the authority which issued the licence” (in the second place where those words appear), substitute “the licensing authority”.
Approvals, authorisations and designations for the purposes of examinations
5
For Part II (regulations 7 to 11), substitute Part II set out in the Schedule to these Regulations.
Applications for examinations
6
In regulation 12 (applications for examinations) —
a
in paragraph (2), in the entry in column (2) of the Table relevant to item 1, after “An”, insert “authorised”;
b
in paragraph (3) —
i
after “Regulations”, insert “authorised”;
ii
in sub-paragraphs (a) and (b), omit “by the examiner or, as the case may be, the designated council”; and
iii
in sub-paragraphs (a) and (b), omit “by the examiner or, as the case may be, the designated council”; and
c
in paragraph (4), before “examiner” (in both places), insert “authorised”;
d
in paragraph (5) —
i
for the words from the beginning to “council”, substitute “Any authorised examiner, inspector, nominated tester or section 66A examiner”; and
ii
omit the words from “; and the reference” to the end; and
e
in paragraph (6) —
i
for “examiner”, in the first place where that word appears, substitute “authorised examiner or a nominated tester”;
ii
omit “appointed by such a council”; and
iii
for “inspectors appointed by that council”, substitute “their inspectors”.
Requirements as to vehicles submitted for examinations
7
In regulation 13 (requirements as to vehicles submitted for examinations) —
a
in paragraph (1) for the words from the beginning to “council”, substitute “An authorised examiner, a section 66A examiner, a nominated tester and an inspector”;
b
in sub-paragraph (a) of that paragraph, after “the examiner, inspector”, insert “or nominated tester, as the case may be”;
c
in sub-paragraph (c) of that paragraph, after “inspector”, insert “or nominated tester, as the case may be”;
d
in sub-paragraph (d) of that paragraph, after “the examiner or inspector”, insert “or nominated tester, as the case may be”;
e
in sub-paragraph (e) of that paragraph, after “the examiner, or inspector”, insert “or nominated tester, as the case may be”;
f
in sub-paragraph (j) of that paragraph —
i
after “the examiner or inspector”, insert “or nominated tester, as the case may be”; and
ii
omit the word “or” at the end of paragraph (ii);
g
in sub-paragraph (k) of that paragraph, after “the examiner or inspector”, insert “or nominated tester, as the case may be”;
h
after sub-paragraph (k) of that paragraph, insert —
l
the vehicle —
i
does not have a registration mark, vehicle identification number, chassis number or serial number; or
ii
has one or more of those marks and numbers, but either none of them is legible or such one or more as is legible is in a script other than English.
; and
i
omit paragraph (2).
Conditions as to responsibility for damage to vehicles and third party liabilities
8
In regulation 14 (conditions as to responsibility for damage to vehicles and third party liabilities) —
a
in paragraph (1), for “an examiner or an inspector appointed by a designated council, the examiner,”, substitute “a person other than a section 66A examiner, the authorised examiner or”;
b
in sub-paragraph (a) of that paragraph, for “the examiner, council”, substitute “the authorised examiner or designated council (as the case may be)”;
c
for paragraph (1A), substitute the following paragraph —
1A
Where a motor vehicle has been submitted for an examination to be carried out by a section 66A examiner, paragraph (1) shall apply in relation to the examination as if —
a
for the reference to a person other than a section 66A examiner, there were substituted a reference to a section 66A examiner; and
b
for references to an authorised examiner or designated council, there were substituted references to the Secretary of State.
;
d
in paragraph (2), before “examiner” insert “authorised”;
e
in paragraph (3), before “examiner” (in both places), insert “authorised”;
f
in paragraph (4) —
i
in sub-paragraph (a), before “examiner”, insert “authorised”;
ii
in sub-paragraph (b), for the words from “of the vehicle” to the end, substitute “, in the control or care of an inspector, and”; and
iii
in sub-paragraph (c), for the words from “of the vehicle” to the end, substitute “, in the control or care of a section 66A examiner”.
Notification of examinations and results
9
For regulation 15 (results of examinations), substitute the following regulation —
Notification of examinations and results
15
1
Subject to paragraph (3), the person by whom an examination is to be carried out shall, before carrying out the examination —
a
satisfy himself that there is available to him a supply of forms “VT20” (or “VT20W”) and “VT30” (or “VT30W”) sufficient to enable the result of the examination to be recorded; and
b
by electronic communication enter in the electronic record —
i
his intention to carry out the examination;
ii
the registration mark (if any) of the vehicle that he intends to examine; and
iii
the vehicle identification number, chassis number or serial number of the vehicle.
2
Subject to paragraphs (3) and (4), as soon as reasonably practicable after completing an examination, the person by whom it was carried out —
a
shall, by electronic communication, enter in the electronic record, as the circumstances require —
i
that the prescribed statutory requirements are complied with in relation to the vehicle; or
ii
that the prescribed statutory requirements are not complied with in relation to the vehicle;
b
shall, by electronic communication —
i
make such other entries in the electronic record as the record requires to be made; or
ii
where he has caused those entries to be made, confirm them;
c
may, by electronic communication, make such other entries in the electronic record as the record allows to be made; and where he has caused entries to be so made, he shall confirm them; and
d
shall issue —
i
the test certificate or, as the case may be, the notice of the refusal of a test certificate, generated by the system supporting the electronic record; and
ii
such other documents as the Secretary of State may from time to time require to be issued.
3
Where the person by whom the examination is to be carried out —
a
has taken such steps as are reasonably practicable to gain access to the electronic record; and
b
has failed to gain access,
he shall comply with the requirements notified to him by the Secretary of State for advising the Secretary of State that the examination is to be carried out and for recording the result of the examination.
4
Where documents cannot be generated by the system supporting the electronic record, the person carrying out the examination shall issue a test certificate on form “VT20” or “VT20W” or, as the circumstances require, a notice of the refusal of a test certificate, on form “VT30” or “VT30W”.
5
As soon as the electronic record becomes available for use, a person who has complied with the requirements mentioned in paragraph (3) —
a
shall, by electronic communication —
i
confirm the entries required to be made by paragraph (2)(a) and (b); and
ii
confirm any other entries that may have been made; and
b
may, by electronic communication, make such other entries in the electronic record as the record allows to be made.
6
Where paragraph (4) applies, the authorised examiner or designated council at whose vehicle testing station the examination was carried out, or the Secretary of State —
a
if required to do so by the person by whom the vehicle was submitted for examination;
b
on production by that person of the certificate or notice (as the case may be) issued to him in accordance with that paragraph; and
c
if satisfied that no examination under this regulation or regulation 18 has been carried out in relation to the vehicle since that to which the certificate or notice relates,
shall supply to him, free of charge, the test certificate or, as the case may be, the notice of the refusal of a test certificate generated by the system supporting the electronic record.
7
A test certificate shall be signed by the person by whom the examination was carried out or such other person as the Secretary of State may in any particular case direct.
8
A notice of the refusal of a test certificate (including a notice issued in the circumstances mentioned in regulation 16) shall be signed by the person by whom the examination was carried out.
9
Where a test certificate or notice of the refusal of a test certificate bears a facsimile, by whatever process reproduced, of the signature of a section 66A examiner, the certificate or notice shall be treated as duly signed for the purposes of paragraph (7) or (8).
.
Refusal of test certificate where braking test cannot be carried out
10
In regulation 16 (refusal of a test certificate where braking test cannot be carried out) —
a
in paragraph (1) —
i
omit “by an examiner or an inspector appointed by a designated council”; and
ii
for “the examiner or inspector”, substitute “the person carrying out the examination”;
b
for paragraph (2), substitute the following paragraphs —
2
Subject to paragraphs (2A) and (2B), as soon as reasonably practicable after completing the rest of the examination, the person carrying out the examination —
a
shall, by electronic communication, enter in the electronic record that the prescribed statutory requirements have not been shown to be met in relation to the vehicle;
b
shall by electronic communication —
i
make such other entries in the electronic record as the record requires to be made; or
ii
where he has caused those entries to be made, confirm them;
c
may, by electronic communication, make such other entries in the electronic record as the record allows to be made; and where he has caused entries to be so made, he shall confirm them;
d
shall issue —
i
the notice of the refusal of a test certificate generated by the system supporting the electronic record; and
ii
such other documents as the Secretary of State may from time to time require to be issued.
2A
Where the person by whom the examination is to be carried out —
a
has taken such steps as are reasonably practicable to gain access to the electronic record; and
b
has failed to gain access,
he shall comply with the requirements notified to him by the Secretary of State for recording the result of the examination.
2B
Where documents cannot be generated by the system supporting the electronic record, the person carrying out the examination shall issue a notice of the refusal of a test certificate, on form “VT30” or “VT30W”.
2C
As soon as the electronic record becomes available for use, a person who has complied with the requirements mentioned in paragraph (2B) —
a
shall, by electronic communication —
i
confirm the entries required to be made by paragraph (2)(a) and (b); and
ii
confirm any other entries that may have been made; and
b
may, by electronic communication, make such other entries in the electronic record as the record allows to be made.
2D
Where paragraph (2B) applies, the authorised examiner or designated council at whose vehicle testing station the examination was carried out, or the Secretary of State —
a
if required to do so by the person by whom the vehicle was submitted for examination;
b
on production by that person of the notice issued to him in accordance with that paragraph; and
c
if satisfied that no examination under this regulation or regulation 18 has been carried out in relation to the vehicle since that to which the notice relates,
shall supply to him, free of charge, the notice of the refusal of a test certificate generated by the system supporting the electronic record.
; and
c
omit paragraph (4).
Removal of vehicles submitted for examination
11
In regulation 17 (removal of vehicles submitted for examination) —
a
in paragraph (1), before “examiner” (in the first place where that word appears), insert “authorised”; and
b
in paragraph (2) —
i
in sub-paragraph (a), before “examiner”, insert “authorised”;
ii
in sub-paragraph (b), for the words from “by an inspector” to the end, substitute “in the control or care of an inspector”; and
iii
in sub-paragraph (c), for the words from “of the vehicle” to the end, substitute “in the control or care of a section 66A examiner”.
Appeal on refusal of a test certificate
12
In regulation 18 (appeal on refusal of a test certificate) —
a
in paragraph (1)(b), for “the office of any traffic area”, substitute “any office of VOSA”;
b
in paragraph (4)(a), for “an examiner”, substitute “persons carrying out examinations”;
c
for paragraphs (5) and (6), substitute the following paragraphs —
5
Paragraphs (2) to (6) of regulation 15 shall apply in relation to examinations under this regulation as they apply in relation to examinations under that regulation, subject to the omission, from paragraph (3) of that regulation, of the words “for advising the Secretary of State that the examination is to be carried out and”.
6
A test certificate issued under this regulation shall be signed by the person by whom the examination was carried out or such other person as the Secretary of State may in any particular case direct.
6A
A notice of the refusal of a test certificate issued under this regulation shall be signed by the person by whom the examination was carried out.
.
Payments to examiners and designated councils at whose premises examinations on appeals are carried out
13
In regulation 19 (payments to examiners and designated councils at whose premises examinations on appeals are carried out), before “examiner” (in the first place where that word appears), insert “authorised”.
Fees for examinations
14
In regulation 20 (fees for examinations) —
a
in paragraph (2)(b)(i), for “the examiner or designated council”, substitute “the person”;
b
in paragraph (3A)(a), before “examiner” insert “authorised”;
c
in paragraph (6), for the words from “the inspector” to “1988”, substitute “inspector or section 66A examiner”.
Fees on appeals
15
In regulation 21 (fees on appeals), in the proviso to paragraph (4), for “the office of the traffic area”, substitute “the office of VOSA”.
Other records to be kept and returns to be furnished
16
For regulation 22 (records to be kept and returns to be furnished by examiners and designated councils), substitute the following regulation —
Other records to be kept and returns to be furnished
22
1
Without prejudice to regulations 15, 16 and 18, authorised examiners, designated councils, inspectors and nominated testers shall, by electronic communication in the electronic record, or in such other form and by such other means as the Secretary of State may from time to time specify, record such particulars as may be so specified.
2
Where the electronic record is temporarily inaccessible for the purpose of recording particulars pursuant to paragraph (1), the particulars shall be recorded in such other form and by such other means as the Secretary of State may specify.
3
Where particulars are recorded as mentioned in paragraph (2), appropriate entries shall be made or, as the Secretary of State may require, be confirmed, in the electronic record as soon as reasonably practicable after it has become accessible.
4
Records (other than the electronic record) under this regulation shall be kept for a period sufficient to ensure that, upon an inspection under regulation 24, particulars of any matter recorded within the period of 18 months preceding the date of the inspection are available for inspection.
.
Duplicate test certificates
17
For regulation 23 (duplicate test certificates), substitute the following regulation —
Duplicate test certificates
23
1
If a test certificate has been lost or defaced, an application for the issue of a duplicate of the original certificate may, at any time before the end of the period of 18 months beginning with the date on which the examination to which the certificate relates was carried out, be made —
a
at the vehicle testing station from which the original certificate was obtained,
b
at any other vehicle testing station, or
c
at any office of VOSA.
2
The applicant shall provide with his application —
a
particulars of the registration mark (if any) of the vehicle concerned;
b
where the application is made as mentioned in paragraph (1)(b), such other information as the authorised examiner or designated council at whose testing station the application is made reasonably requires in order to access relevant data from the electronic record;
c
where the application is made as mentioned in paragraph (1)(c), such other information as the Secretary of State reasonably requires.
3
The person to whom an application is made under paragraph (1) shall —
a
upon tracing sufficient particulars of the certificate to which the application relates to enable a duplicate to be issued; and
b
on being paid —
i
where the certificate relates to a motor bicycle not having a side car attached to it, the amount equal to half of the fee specified in regulation 20(1)(a);
ii
in any other case, £10,
issue a duplicate, marked “Duplicate”; and the duplicate so issued shall have the same effect as the original test certificate.
4
A duplicate issued under paragraph (3) need not be signed by the person who carried out the examination as the result of which the original certificate was obtained.
.
Correction of errors in records and test certificates
18
After regulation 23, insert the following regulation —
Correction of errors in records and test certificates
23A
1
A person authorised in that behalf by the Secretary of State may, in accordance with the terms of his authorisation, correct an error in the records or in any test certificate.
2
Subject to paragraph (3), a test certificate may be corrected at any time during the period of the certificate’s validity.
3
Where, in respect of the same vehicle, two or more test certificates are valid, a correction may be made only to the certificate that is the later or latest to be issued.
4
The person by whom a correction is made shall —
a
if appropriate, make an entry in the electronic record to reflect the correction; and
b
where the correction is of an error in a test certificate, supply to the person who furnishes the certificate containing the error, the test certificate (as corrected) generated by the system supporting the electronic record.
.
Inspection of premises, apparatus and records
19
In regulation 24 (inspection of premises, apparatus and records) —
a
for the words from the beginning to “Inspector”, substitute “A person authorised by the Secretary of State”;
b
for “examiner or council”, substitute “authorised examiner or designated council”;
c
in paragraph (c), omit “and copies of test certificates and notifications of the refusal of test certificates”.
Return of apparatus and documents
20
After regulation 24, insert the following regulation —
Return of apparatus and documents
24A
1
Without prejudice to regulation 11, the Secretary of State may at any time, by notice or electronic communication to an authorised examiner or designated council, require the examiner or council —
a
to deliver to him, at such place and within such period as may be specified in the notice or communication; or
b
to permit the collection, from such premises as may be specified in the notice or communication, of,
apparatus or documents supplied to the examiner or council, by or on behalf of the Secretary of State, for the purposes of, or for purposes connected with, examinations to be carried out at any of the examiner’s or council’s vehicle testing stations.
2
A communication or notice under paragraph (1) may refer to the delivery or collection of —
a
particular apparatus or apparatus of a description specified in the communication or notice;
b
a particular document or documents of a description so specified.
.
Miscellaneous charges and refunds
21
For regulation 25 (forms), substitute the following regulations —
Charges for entries in the electronic record and payments on account
25
1
An entry in the electronic record that the prescribed statutory requirements are complied with in relation to a vehicle shall not be made unless the authorised examiner or, as the case may be, the designated council at whose vehicle testing station the examination of the vehicle was carried out has paid to the Secretary of State the sum of £1.19.
2
Every authorised examiner and every designated council shall make such payments to the Secretary of State in anticipation of charges that may become payable by them under paragraph (1) as will, in the opinion of the examiner or council, ensure that the requirements of regulation 15(1)(a) are capable of being met as regards examinations at each of their vehicle testing stations.
3
Payments under paragraph (2) —
a
must be designated by the examiner or council concerned as referable to a named vehicle testing station of the examiner or council; and
b
may only be of an amount equal to the charge for 100 entries of the description mentioned in paragraph (1), or any multiple of 100.
Charges for apparatus, etc. connected with the electronic record
25A
1
Subject to paragraphs (2) to (5), an authorised examiner or designated council shall pay to the Secretary of State or to such other person as, by notice to the examiner or council, he may direct, in respect of the provision by him, or on his behalf, of any apparatus or service specified in column (1) of the Table in Schedule 3 to these Regulations, the amount specified in relation to that apparatus or service in column (2) of that Table.
2
Item 1 shall be provided free of charge unless —
a
the visit is the second (or subsequent) to the vehicle testing station for the purpose of installing apparatus and is attributable to a failure on the part of the authorised examiner or, as the case may be, the designated council, to comply with requirements notified by or on behalf of the Secretary of State in advance of the date appointed for the first (or previous) visit; or
b
the visit is attributable to the cancellation, by the authorised examiner or, as the case may be, the designated council, of an arrangement to install apparatus at an earlier date.
3
The Secretary of State may waive any charge payable in respect of item 1 or item 2.
4
Items 6 to 15 shall be provided free of charge where the apparatus to be replaced is unserviceable by reason of fair wear and tear.
5
Item 16 shall be provided free of charge except where the apparatus to be replaced —
a
is unserviceable for reasons other than fair wear and tear; and
b
is the third (or subsequent) item of that description to have become unserviceable in the preceding five years for reasons other than fair wear and tear.
6
Where, as respects apparatus of a description specified in column (1) of the Table in Schedule 3 to these Regulations —
a
a person fails to comply with regulation 11(1) or a requirement imposed under regulation 24A(1); or
b
the apparatus delivered or, as the case may be, made available for collection, in compliance with that provision or requirement, is in an unserviceable condition by reason other than fair wear and tear; or
c
the person to whom it was supplied is unable to return it to the Secretary of State,
the Secretary of State may, by notice to the person concerned, require the payment to him of such amount, not exceeding that specified in relation to the apparatus in column (2) of that Table, as may be specified in the notice.
7
In this regulation, references to a numbered item are references to the apparatus or service bearing that number in column (1) of the Table in Schedule 3 to these Regulations.”
Refunds
25B
1
As soon as reasonably practicable after a cessation has taken effect in accordance with regulation 9 or 10, the Secretary of State shall repay to the person or council concerned the amount (if any) determined in accordance with the formula A–B, where —
“A” is the amount held by the Secretary of State immediately before the cessation on account of any charge that might have become payable by that person or council in connection with the carrying out of examinations; and
“B” is the amount payable to the Secretary of State in accordance with regulation 25A(6).
2
On receipt of any unused forms for test certificates sent to him in accordance with regulation 11(1) or (2), the Secretary of State shall repay to the person or council concerned, an amount equal to the amount paid to the Secretary of State by that person or council for the supply of those forms.
3
Where unissued and cancelled forms for test certificates are returned to the Secretary of State because they have been spoilt or defaced, the Secretary of State may make a refund to the person or council concerned of such amount as he considers appropriate.
.
Access to, and sale of, particulars in, or information derived from, the records
22
After regulation 28 (certificates of temporary exemption) insert the following regulations —
Access to particulars in the records
29
The Secretary of State may make particulars contained in the records (including the electronic record) available for use —
a
by a chief officer of police; or
b
on payment of a fee, if any is required by the Secretary of State to be paid, of such amount as appears to the Secretary of State to be reasonable in the circumstances of the case, by any person who can show to the satisfaction of the Secretary of State that he has reasonable cause for wanting the particulars to be made available to him.
Sale of particulars in, and information derived from, the records
30
The Secretary of State may sell particulars contained in, or information derived from, the records (including the electronic record) —
a
to such persons as he thinks fit, and
b
for such price and on such other terms, and subject to such restrictions, as he thinks fit,
if those particulars do not (or that information does not) identify the premises at which any examination was carried out or any person concerned with the carrying out of the examination.
.
Charges for purposes of regulation 25A
23
After Schedule 2 (the prescribed statutory requirements), insert the following Schedule —
SCHEDULE 3
CHARGES FOR PURPOSES OF REGULATION 25A
regulation 25A
(1) (2) Apparatus or service Amount £
1. Visit to vehicle testing station for installation of apparatus associated with the electronic record. 142.86 2. Second (or subsequent) course of training, other than at vehicle testing station, in use of apparatus for accessing the electronic record. 179.19 3. Supply and commissioning of additional measuring equipment interface device. 137.38 4. Supply of additional measuring equipment interface device. 41.61 5. Supply and commissioning of additional VTS device. 801.53 6. Supply and commissioning of VTS device (replacement). 801.53 7. Supply and commissioning of computer base unit (replacement). 643.32 8. Supply and commissioning of monitor (replacement). 208.63 9. Supply and commissioning of keyboard (replacement). 130.11 10. Supply of keyboard (replacement). 34.33 11. Supply and commissioning of printer (replacement). 206.51 12. Supply and commissioning of pointing device (replacement) 129.85 13. Supply of pointing device (replacement). 34.08 14. Supply and commissioning of measuring equipment interface device (replacement). 137.38 15. Supply of measuring equipment interface device (replacement). 41.61 16. Smart card (replacement). 12.63 17. Plain paper (500). 7.67
Savings
24
1
The amendments made —
a
by regulations 9, 10(b), 12(c), 16 and 17; and
b
by regulation 21, to the extent that it relates to regulation 25 of the principal Regulations,
shall not apply in relation to examinations at a vehicle testing station at which the apparatus required to enable entries to be made in the electronic record has not been installed and, accordingly, the principal Regulations shall have effect in relation to such examinations as if those amendments had not been made.
2
The amendments made by regulations 9 and 10 of these Regulations shall not apply in relation to the examination of vehicles classified, in accordance with regulation 5 of the principal Regulations, as vehicles of Class VI or Class VIA.
Transitional provisions
25
1
In this regulation “the commencement date” means the date on which these Regulations come into force.
2
A person who, immediately before the commencement date, is an authorised examiner or an inspector may continue to act in that capacity on and after that date, notwithstanding that he has not complied with the relevant requirements.
3
Subject to paragraph (4), an authorised examiner to whom paragraph (2) applies shall, on and after the commencement date, be treated as subject to such of the conditions specified in such of regulations 8B and 8D as are applicable in his case (in addition to any conditions to which he is subject by virtue of his authorisation before that date).
4
An authorised examiner who, but for this paragraph, would be treated as subject to the condition specified in regulation 8D(c), shall not be so treated if on 1st April 1995 he was authorised to carry out examinations for the purposes of section 45 of the 1988 Act and has continued so be so authorised until immediately before the commencement date.
5
An inspector to whom paragraph (2) applies shall be treated, on and after the commencement date, as subject to the conditions specified in regulation 8A (in addition to any conditions to which he is subject by virtue of his appointment before that date).
6
A person whose name appears, with the agreement of the Secretary of State, in a list exhibited as mentioned in regulation 9(1)(d) of the principal Regulations immediately before the commencement date, may continue to carry out examinations at the vehicle testing station to which the list relates, notwithstanding that he has not complied with the relevant requirements.
7
A person to whom paragraph (6) applies shall be treated, on and after the commencement date —
a
as a nominated tester; and
b
as subject to the conditions specified in regulation 8A (in addition to any conditions to which he is subject by virtue of his authorisation before that date).
8
A council which, immediately before the commencement date, is designated for the purposes of section 45 and 46 of the 1988 Act may continue to act in that capacity on and after that date notwithstanding that they have not complied with the relevant requirements.
9
Subject to paragraph (10), a council to which paragraph (8) applies shall be treated on and after the commencement date as subject to the conditions specified in regulation 8E (in addition to any conditions to which they are subject by virtue of their designation before that date).
10
A designated council which, but for this paragraph, would be treated as subject to the condition specified in regulation 8E(b)(ii), shall not be so treated if on 1st April 1995 it was designated for the purposes of sections 45 and 46 of the 1988 Act and has continued so be so designated until immediately before the commencement date.
11
In this regulation “the relevant requirements” —
a
in relation to a person of a description specified in paragraph (2), means such of the requirements of Part II of the principal Regulations (as substituted by regulation 5 of these Regulations) as are applicable to persons seeking authorisation under that Part as authorised examiners or, as the case may be, inspectors;
b
in relation to a person of the description specified in paragraph (6), means such of those requirements as are applicable to persons seeking approval under that Part as nominated testers;
c
in relation to a council, means such of those requirements as are applicable to councils seeking designation under that Part.
Omission of Part
26
Part 1 of Schedule I (diagram showing size, colour, and type of sign to be displayed by authorised examiners) shall be omitted.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th April 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 2003 and shall come into force on 29 th April 2003.
Amendment of the Control of Substances Hazardous to Health Regulations 2002
2
In the Control of Substances Hazardous to Health Regulations 2002 —
a
in paragraph (1) of regulation 2, after the definition of “mine” add the following definition–
“mutagen” means a substance or preparation which if classified in accordance with the classification provided for by regulation 4 of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 would be in the category of danger, mutagenic (category 1) or mutagenic (category 2) whether or not the substance or preparation would be required to be classified under those Regulations;;
b
in paragraph (5) of regulation 7–
i
after the word “carcinogen” add the words “or mutagen”, and
ii
in each place where it occurs, after the word “carcinogens” add the words “or mutagens”;
c
in paragraph (4) of regulation 13, for the words “carcinogen or biological agent” substitute “carcinogen, mutagen or biological agent”; and
d
at the end of Schedule 1 add the following substances–
The following polychlorodibenzodioxins:
2,3,7,8-TCDD
1,2,3,7,8-PeCDD
1,2,3,4,7,8-HxCDD
1,2,3,6,7,8-HxCDD
1,2,3,7,8,9-HxCDD
1,2,3,4,6,7,8-HpCDD
OCDD,
The following polychlorodibenzofurans:
2,3,7,8-TCDF
2,3,4,7,8-PeCDF
1,2,3,7,8-PeCDF
1,2,3,4,7,8-HxCDF
1,2,3,7,8,9-HxCDF
1,2,3,6,7,8-HxCDF
2,3,4,6,7,8-HxCDF
1,2,3,4,6,7,8-HpCDF
1,2,3,4,7,8,9-HpCDF
OCDF
Where T=tetra, Pe=penta, Hx=hexa, Hp=hepta and O=octa.
.
Signed by authority of the Secretary of State for Work and Pensions.
N. Brown
Minister of State,
Department for Work and Pensions
31 st March 2003


text:
Title, application and commencement
1
These Regulations may be cited as the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2003; they apply in relation to England only and come into force on 6th March 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“baby foods” means foods for particular nutritional use fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food, but excludes processed cereal-based foods;
“the Directive” means Commission Directive 96/5/EC on processed cereal-based foods and baby foods for infants and young children, as amended by Commission Directive 1998/36/EC , Commission Directive 1999/39/EC and Commission Directive 2003/13/EC ;
“ EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“EEA State” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include —
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“infants” means children under the age of twelve months;
“pesticide residue” means the residue in processed cereal-based foods or baby foods of a plant protection product as defined in point 1 of Article 2 of Council Directive 91/414/ EEC concerning the placing of plant protection products on the market, including its metabolites and products resulting from its degradation or reaction;
“processed cereal-based foods” means foods for particular nutritional use within the categories specified in Part I of Schedule 1 fulfilling the particular requirements of infants and young children in good health and intended for use by infants while they are being weaned, and by young children as a supplement to their diet or for their progressive adaptation to ordinary food;
“sell” includes possess for sale and offer, expose or advertise for sale; and
“young children” means children aged between one and three years.
2
Other expressions used in these Regulations and in the Directive have the same meaning in these Regulations as they have in the Directive.
3
Where any Schedule contains any note, the provisions of that Schedule shall be interpreted and applied in accordance with such note.
Exemption
3
These Regulations shall not apply to any baby food which is a milk intended for young children.
Restrictions on the sale of processed cereal-based foods and baby foods
4
No person shall sell any processed cereal-based food or baby food unless —
a
it complies with the requirements of regulations 5 to 7 as to manufacture and composition; and
b
it is labelled in accordance with regulation 8.
General requirements as to manufacture and composition
5
1
No processed cereal-based food or baby food shall be manufactured from any ingredient other than those whose suitability for particular nutritional use by infants and young children has been established by generally accepted scientific data.
2
No processed cereal-based food or baby food shall contain any substance in such quantity as to endanger the health of infants or young children.
3
The composition of a processed cereal-based food shall comply with the criteria specified in Part II of Schedule 1 as read with Schedule 2.
4
The composition of a baby food shall comply with the criteria specified in Schedule 3.
Added nutritional substances and nutrients
6
1
In the manufacture of any processed cereal-based food or baby food, no nutritional substance shall be added other than a nutritional substance specified in Schedule 4.
2
No processed cereal-based food or baby food shall contain any added nutrient specified in column 1 of Part I of Schedule 5 in an amount exceeding the maximum limit specified opposite that nutrient in column 2 of that Part.
3
No processed cereal-based food or baby food specified in column 1 of Part II of Schedule 5 shall contain any added nutrient specified opposite that food in column 2 of that Part in an amount exceeding the maximum limit specified opposite that food in column 3 of that Part.
Pesticide residues
7
1
No processed cereal-based food or baby food shall contain —
a
any pesticide residue of a pesticide specified in Schedule 6; or
b
any omethoate, where it is a metabolite of a pesticide not specified in Schedule 6, or any product resulting from degradation or reaction of that metabolite,
at a level exceeding 0.003 mg/kg.
2
No processed cereal-based food or baby food shall contain any pesticide residue of a pesticide specified in column 1 of Schedule 7 at a level exceeding that specified in column 2 of that Schedule in relation to that pesticide.
3
No processed cereal-based food or baby food shall contain any pesticide residue of any individual pesticide which is not specified in Schedule 6 or column 1 of Schedule 7 at a level exceeding 0.01 mg/kg.
4
The levels referred to in paragraphs (1) to (3) apply to the processed cereal-based food or baby food —
a
manufactured as ready for consumption, or
b
if it is not so manufactured, as reconstituted according to its manufacturer’s instructions.
5
Analytical methods for determining levels of pesticide residues for the purposes of this regulation shall be generally acceptable standardised methods.
Labelling
8
1
Without prejudice to the generality of Part II of the Food Labelling Regulations 1996 , processed cereal-based foods and baby foods shall be labelled with the following particulars —
a
a statement as to the appropriate age (which shall be not less than four months) from which the food may be used, regard being had to its composition, texture or other particular properties;
b
information as to the presence or absence of gluten if the age stated pursuant to sub-paragraph (a) is less than six months;
c
the available energy value expressed in kJ and kcal, and the protein, carbohydrate and fat content, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption;
d
the average quantity, expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of each mineral substance and of each vitamin in respect of which a maximum or a minimum compositional requirement is specified in —
i
Part II of Schedule 1 in the case of processed cereal-based foods; and
ii
Schedule 3 in the case of baby foods; and
e
if preparation of the food is necessary, appropriate instructions for preparation and a statement as to the importance of following those instructions.
2
Subject to paragraph (1)(d), no processed cereal-based food or baby food shall be labelled with the average quantity of any nutrient specified in Schedule 4 unless —
a
that average quantity is expressed in numerical form, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption; and
b
in the case of a mineral substance or vitamin, it is a mineral substance or vitamin other than one referred to in paragraph (1)(d).
3
Where, pursuant to paragraph (1)(d) or paragraph (2), any processed cereal-based food or baby food is labelled with the average quantity, per 100 g or 100 ml of the food as sold and, where appropriate, per specified quantity of the food as proposed for consumption, of any vitamin or mineral which is specified in column 1 of Schedule 8, the labelling of the food shall not express that average quantity as a percentage of the reference value specified in column 2 of Schedule 8 in relation to that vitamin or mineral unless the quantity present is equal to 15 per cent or more of the reference value.
Enforcement
9
1
Except where paragraph (2) applies, each food authority shall enforce and execute these Regulations in its area.
2
Each port health authority shall enforce and execute these Regulations in its district in relation to imported food.
Offence and penalty
10
If any person contravenes regulation 4 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence in relation to exports
11
In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and
b
in the case of export to an EEA State, that the legislation complies with the provisions of the Directive .
Application of various provisions of the Act
12
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
e
section 22 (defence of publication in the course of a business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (g) above;
i
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (g) above;
j
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (h) above;
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
Revocations
13
1
The Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997 and the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) Regulations 1999 are revoked in relation to England.
2
The Processed Cereal-based Foods and Baby Foods for Infants and Young Children (Amendment) (England) Regulations 2000 are revoked.
Amendment
14
1
The Tryptophan in Food Regulations 1990 shall be amended (in so far as they apply in relation to England) in accordance with paragraph (2).
2
In regulation 2(7) (prohibition on sale etc. of food containing tryptophan), in the definitions of “processed cereal-based food” and “baby food” there shall be substituted for the words “the Processed Cereal-based Foods and Baby Foods for Infants and Young Children Regulations 1997” the words “the Processed Cereal-based Foods and Baby Foods for Infants and Young Children (England) Regulations 2004”.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
8th December 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Social Security (Electronic Communications) (Carer’s Allowance) Order 2003 and shall come into force on 1st December 2003.
2
In this Order —
“the principal Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Change of Circumstances Regulations ” means the Social Security (Notification of Change of Circumstances) Regulations 2001 .
Amendment of the principal Regulations
2
1
In regulation 2(1) of the principal Regulations (interpretation) —
a
immediately before the definition of “the 2002 Act” there shall be inserted —
“the 2000 Act ” means the Electronic Communications Act 2000;
;
b
after the definition of “disabled person’s tax credit” there shall be inserted —
“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
.
2
After regulation 4B of the principal Regulations (forwarding claims and information) there shall be inserted —
Electronic claims for benefit
4ZC
1
Any claim for benefit in relation to which this regulation applies, and any certificate, notice, information or evidence given in connection with that claim, may be made or given by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC.
2
This regulation applies in relation to carer’s allowance.
.
3
After regulation 32 of the principal Regulations (information to be given when obtaining payment of benefit) there shall be inserted —
Information given electronically
32ZA
1
Where this regulation applies a person may give any certificate, notice, information or evidence required to be given and in particular may give notice of any change of circumstances required to be notified under regulation 32 by means of an electronic communication, in accordance with the provisions set out in Schedule 9ZC.
2
This regulation applies in relation to carer’s allowance.
.
4
After Schedule 9B to the principal Regulations (deduction from benefits in respect of child support maintenance and payment to persons with care) there shall be inserted the Schedule set out in the Schedule to this Order.
Amendment of the Change of Circumstances Regulations
3
After regulation 5(1) of the Change of Circumstances Regulations (change affecting other benefit payment or advantage) there shall be inserted —
1ZA
Where this paragraph applies, where the notice in writing referred to in paragraph (1) is given or sent by an electronic communication that notice must be given or sent in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).
1ZB
Paragraph (1ZA) applies in relation to carer’s allowance.
.
Revocations
4
The Social Security (Electronic Communications) (Child Benefit) Order 2002 is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd November 2003


text:
1
This Order may be cited as the A595 Trunk Road (Carlisle City Boundary to Thursby) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
“the plan” means the plan, numbered HA10/OD/334 and marked “The A595 Trunk Road (Carlisle City Boundary to Thursby) (Detrunking) Order 2003” signed by the Secretary of State for Transport and deposited at DTLR Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A595 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Kevin Lasbury
A Divisional Director Highways Agency
17th January 2003


text:
Citation and commencement
1
These Regulations may be cited as the Electronic Communications Code (Conditions and Restrictions) Regulations 2003 and shall come into force on 23rd October 2003.
Interpretation
2
1
Unless the contrary intention appears, expressions used in these Regulations which are used in Schedule 2 to the Telecommunications Act 1984 have the same meanings as in that Schedule.
2
In these Regulations —
“ the Act ” means the Communications Act 2003;
“appropriate authority” means —
in relation to England and Wales, a relevant authority within the meaning of section 49(6) of the New Roads and Street Works Act 1991 ;
in relation to Scotland, a person to whom notice would be required to be given by section 108(6) of the New Roads and Street Works Act 1991 ; and
in relation to Northern Ireland, a relevant authority within the meaning of article 7(5) of the Street Works (Northern Ireland) Order 1995 ;
“area of special scientific interest” means, in relation to Great Britain, any area in respect of which notice has been given under section 28(1) of the Wildlife and Countryside Act 1981 or, in relation to Northern Ireland, any area in respect of which a declaration has been made under article 24(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 ;
“authorised area” has, in relation to Great Britain, the meaning given by section 6(9) of the Electricity Act 1989 and, in relation to Northern Ireland, the meaning given by article 3 of the Electricity (Northern Ireland) Order 1992 ;
“the Broads” means the area in which the Broads Authority established under section 1 of the Norfolk and Suffolk Broads Act 1988 exercises powers of development control;
“carriageway” has the meanings given —
in relation to England and Wales, by section 329 of the Highways Act 1980 ;
in relation to Scotland, by section 151 of the Roads (Scotland) Act 1984 ; and
in relation to Northern Ireland, by article 2(2) of the Roads (Northern Ireland) Order 1993 ;
and additionally means, in relation to a street to which vehicles have access, that part of the street which is primarily intended to carry vehicles;
“code operator” means a person in whose case the electronic communications code is applied by a direction under section 106(3)(a) of the Act;
“conservation area” means —
in relation to England and Wales, any area designated as a conservation area under sections 69 and 70 of the Planning (Listed Buildings and Conservation Areas) Act 1990 ;
in relation to Scotland, any area designated as a conservation area under section 61 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 ; and
in relation to Northern Ireland, any area designated as a conservation area under article 50 of the Planning (Northern Ireland) Order 1991 ;
“Countryside Council for Wales” means the body known as the Countryside Council for Wales and established by section 128 of the Environmental Protection Act 1990 ;
“electricity supplier” means, in relation to an area in which a code operator has installed or proposes to install any electronic communications apparatus, the person who is the holder of a licence granted (in Great Britain) under section 6(1) of the Electricity Act 1989 or (in Northern Ireland) under article 10(1) of the Electricity (Northern Ireland) Order 1992;
“emergency organisation” means any of the police, fire, ambulance and coastguard services and any other organisation which, in the normal course of its activities, may be called upon in an emergency to undertake tasks necessary for —
the preservation of life,
the prevention or treatment of injury or disease,
the protection of public health, or
national defence or the protection of national security;
“English Nature” means the body known as English Nature and established by section 128 of the Environmental Protection Act 1990 ;
“footway” has the meanings given —
in relation to England and Wales, by section 329 of the Highways Act 1980;
in relation to Scotland, by section 151 of the Roads (Scotland) Act 1984; and
in relation to Northern Ireland, by article 2 of the Roads (Northern Ireland) Order 1993;
and additionally means, in relation to a street to which vehicles have access, that part of the street which is not primarily intended to carry vehicles;
“a high load grid route” is a route included in the records of routes suitable for the transport of high abnormal loads maintained by the Secretary of State;
“highway authority” means, in relation to England and Wales, the highway authority as defined in section 1 of the Highways Act 1980 and, in relation to Northern Ireland, the Department for Regional Development;
“limestone pavement area” means an area designated as such by an order made under section 34(2) of the Wildlife and Countryside Act 1981;
“local nature reserve” means an area designated as such under section 21(1) of the National Parks and Access to the Countryside Act 1949 ;
“marine nature reserve” means, in relation to Great Britain, an area designated as such under section 36(1) of the Wildlife and Countryside Act 1981 and, in relation to Northern Ireland, an area designated as such under article 20(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;
“national nature reserve” means any land declared to be a national nature reserve under section 35(1) of the Wildlife and Countryside Act 1981 by —
English Nature, in England;
Scottish Natural Heritage, in Scotland; or
the Countryside Council for Wales, in Wales;
and in Northern Ireland means any land declared to be a national nature reserve under article 18(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;
“national park” means —
any area in England and Wales designated and confirmed as such under section 5(3) of the National Parks and Access to the Countryside Act 1949 ;
any area in Scotland designated as such by an order made under section 6(2) of the National Parks (Scotland) Act 2000 ; or
any area in Northern Ireland designated as such under article 12(1) of the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985;
“national scenic area” means any area designated as such under section 262C of the Town and Country Planning (Scotland) Act 1972 ;
“natural heritage area” means any area designated as such under section 6(2) of the Natural Heritage (Scotland) Act 1991 ;
“the New Forest” means the area defined by section 1(1) of the New Forest Act 1964 ;
“ OFCOM ” means the Office of Communications as established by section 1 of the Office of Communications Act 2002 ;
“planning authority” means —
in relation to England, a local planning authority within the meaning of section 1(1) or (2) of the Town and Country Planning Act 1990 ;
in relation to Wales, a local planning authority within the meaning of section 1(1B) or (2) of the Town and Country Planning Act 1990 ;
in relation to Scotland, a planning authority within the meaning of section 1 of the Town and Country Planning (Scotland) Act 1997 or a national park authority designated as a planning authority by an order made under section 10(1) of the National Parks (Scotland) Act 2000; and
in relation to Northern Ireland, the Department of the Environment.
“relevant undertaker” has the meaning given by paragraph 23(10) of Schedule 2 to the Telecommunications Act 1984 and additionally includes any undertaker engaged in the supply of gas, electricity, water, heat or the disposal of sewage;
“responsible authority” —
in relation to England and Wales, has the meaning given by section 90(4) of the New Roads and Street Works Act 1991;
in relation to Scotland, has the meaning given by section 194(4) of that Act ; and
in Northern Ireland, has the meaning given by article 49(4) of the Street Works (Northern Ireland) Order 1995;
“roads authority” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 ;
“road works authority” has the meaning given by section 108(1) of the New Roads and Street Works Act 1991;
“Scottish Natural Heritage” means the body known as Scottish Natural Heritage and established by section 1 of the Natural Heritage (Scotland) Act 1991;
“service line” means any line placed or intended to be placed for the purposes of providing any electronic communications service to the occupier from time to time of any land, as distinct from a line placed or intended to be placed for the general purposes of any electronic communications network;
“service line distribution point” means the point at which any line placed or intended to be placed for the general purposes of any electronic communications network is connected to any service line;
“site of special scientific interest” means an area in respect of which a notification has been given under section 28(1) of the Wildlife and Countryside Act 1981 ;
“statutory list of buildings” means —
in relation to England and Wales, the list of buildings of special architectural or historic interest compiled or approved under section 1(1) of the Planning (Listed Buildings and Conservation Areas) Act 1990;
in relation to Scotland, the list compiled under section 1(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997; or
in relation to Northern Ireland, the list compiled under article 42 of the Planning (Northern Ireland) Order 1991;
“street authority” has, in relation to England and Wales, the meaning given by section 49 of the New Roads and Street Works Act 1991 and, in relation to Northern Ireland, the meaning given by article 7(1) of the Street Works (Northern Ireland) Order 1995;
“traffic authority” has, in relation to England and Wales, the meaning given by section 121A of the Road Traffic Regulation Act 1984 and, in relation to Northern Ireland, means the Department for Regional Development.
General conditions
3
1
A code operator shall consult —
a
highway authorities or, in Scotland, roads authorities to ensure that any works involving the breaking up of maintainable highways or public roads do not undermine or unduly disturb the highway authorities' or roads authorities' work;
b
planning authorities in relation to the installation of electronic communications apparatus, including installation in a local nature reserve; and
c
relevant undertakers with a view to avoiding the disruption of the services provided by those undertakers.
2
A code operator shall ensure that any electronic communications apparatus installed underground is installed at such a depth that it will not interfere with the use of the land (as at the date of the installation), unless the occupier and any other person having a legal interest in that land have consented.
3
A code operator, when installing any electronic communications apparatus, shall, so far as reasonably practicable, minimise —
a
the impact on the visual amenity of properties, in particular buildings on the statutory list of buildings;
b
any potential hazards posed by work carried out in installing the apparatus or by apparatus once installed; and
c
interference with traffic.
4
A code operator, where practicable, shall share the use of electronic communications apparatus.
5
A code operator shall install the minimum practicable number of items of electronic communications apparatus consistent with the intended provision of electronic communications services and allowing for an estimate of growth in demand for such services.
Lines
4
1
A code operator shall install all lines underground unless —
a
the line is flown from a pole in an area where service lines are already flown from poles;
b
the line is —
i
affixed to and lying on the exterior surface of a building or other permanent structure and is either used as a service line or terminates at a service line distribution point;
ii
a service line flown from the eaves of one building or other permanent structure to those of another where the distance between them is less than 8 metres; or
iii
a feeder cable connecting equipment for the provision of services by wireless telegraphy;
and is neither affixed to a building shown as grade 1 or category A in the statutory list of buildings nor located in a conservation area;
c
the line is attached to or supported by poles or pylons which are used in connection with the transport of electricity at a nominal voltage of at least 6000 volts;
d
the line is installed for the purpose of providing a temporary electronic communications network under regulation 15; or
e
it is not in all the circumstances reasonably practicable to do so.
2
A code operator shall ensure that any lines installed over the carriageway of —
a
a maintainable highway or, in Scotland, a public road are placed at least 5.5 metres above the surface of the highway or road; and
b
a maintainable highway or, in Scotland, a public road which is a high load grid route are placed at least 6.5 metres above the surface of the highway or road.
3
If requested by any person to relocate a line which is already installed above the ground, a code operator must relocate that line unless —
a
he determines either that the request is unreasonable or that the person making the request will not pay the costs of the relocation; and
b
he notifies that person of that determination within 56 days of the receipt of the request.
Installation of electronic communications apparatus
5
1
A code operator must give one calendar month’s notice, in writing, to the planning authority for the area in question where —
a
he has not previously installed electronic communications apparatus in the area and is intending to install electronic communications apparatus, other than lines, in that area; or
b
he intends to install a cabinet, box, pillar, pedestal or similar apparatus for the installation of which he is not required to obtain planning permission under the Town and Country Planning Act 1990 .
2
The notice to be given under paragraph (1) must state the code operator’s intention to install electronic communications apparatus and must describe that apparatus and identify the location where it is proposed to install it.
3
Where a code operator has given notice under paragraph (1), the planning authority may, within one calendar month of the receipt of that notice, give the code operator written notice of conditions with which the planning authority wishes him to comply in respect of the installation of the apparatus, but he is not obliged to comply with those conditions to the extent that they are unreasonable in all the circumstances.
4
A code operator is exempt from paragraph (1) if —
a
the electronic communications apparatus he intends to install is to be installed inside a building or other permanent structure;
b
the apparatus is to be installed for the purpose of providing a temporary electronic communications network under regulation 15; or
c
the apparatus he intends to install is to be attached to or supported by poles or pylons which are used for the transport of electricity at a nominal voltage of at least 6000 volts.
5
Where a code operator installs electronic communications apparatus underground in a maintainable highway or a street or, in Scotland, a public road or a road he shall place that apparatus in the verge or footway rather than the carriageway unless it is not reasonably practicable to do so.
Conservation areas
6
1
In conservation areas, electronic communications apparatus installed by a code operator shall be installed underground unless the conditions in paragraph (2) are met or unless it is —
a
a line flown between poles or pylons which are used for the transport of electricity at a nominal voltage of at least 6000 volts;
b
a replacement pole or replacement line, the installation of which does not increase the environmental impact of the apparatus located in the area compared with the apparatus as it was before the replacement;
c
a service line flown from a pole where that pole was installed prior to the area being designated as a conservation area;
d
a service line —
i
which is flown from a building or other permanent structure in an area where there are already service lines flown from buildings or other permanent structures or poles, and
ii
which does not, by reason of its installation, increase the environmental impact of the apparatus located in the area compared with the apparatus as it was before the service line was installed;
e
a service line —
i
which is affixed to and lying on the exterior surface of a building or other permanent structure, and
ii
which does not, by reason of its installation, increase the environmental impact of the apparatus located in the area compared with the apparatus as it was before the service line was installed;
f
apparatus which forms part of emergency works where the code operator has provided the planning authority with an expected date of completion and a statement of the grounds for the need to execute the works; or
g
apparatus which forms part of a temporary electronic communications network which the code operator is providing under regulation 15.
2
Electronic communications apparatus installed by a code operator in a conservation area is not required to be installed underground where a code operator has given the planning authority written notice and —
a
the planning authority has not objected in writing to the installation of the apparatus within 56 days of the notice being given; or
b
if the planning authority has previously objected to the installation of the apparatus, it has given written notice of the withdrawal of its objection; or
c
in Great Britain, the Secretary of State, after consulting with the planning authority, so directs.
3
The notice to be given under paragraph (2) must state the code operator’s intention to install electronic communications apparatus and must describe that apparatus and identify the location where it is proposed to install it.
4
For the purposes of paragraph (1), the environmental impact of apparatus is to be assessed having regard, in particular, to —
a
its visual impact on the landscape,
b
its effect on plant and animal life, and
c
its impact on the visual amenity of properties.
Listed buildings and ancient monuments
7
1
A code operator may install electronic communications apparatus in proximity to a building shown as grade 1 or category A in the statutory list of buildings only if he gives written notice to the planning authority and —
a
the planning authority has not objected in writing to the installation of the apparatus within 56 days of the notice being given; or
b
if the planning authority has previously objected, it has given written notice of the withdrawal of its objection; or
c
in Great Britain, the Secretary of State, after consulting with the planning authority, so directs.
2
The notice to be given under paragraph (1) must state the code operator’s intention to install electronic communications apparatus and must describe that apparatus and identify the location where it is proposed to install it.
3
A code operator is exempt from paragraph (1) if —
a
the apparatus is to be installed for the purpose of providing a temporary electronic communications network under regulation 15; or
b
he is undertaking emergency works and he has provided the planning authority with an expected date of completion and a statement of the grounds for the need to execute the works.
Protected areas
8
1
When a code operator intends to install electronic communications apparatus in —
a
a national park, the Broads, the New Forest or a limestone pavement area he must give written notice to the planning authority;
b
a national nature reserve, site of special scientific interest, area of special scientific interest or marine nature reserve he must give written notice to —
i
English Nature, in England;
ii
Scottish Natural Heritage, in Scotland;
iii
the Countryside Council for Wales, in Wales; or
iv
the planning authority, in Northern Ireland (in the case of a national nature reserve, area of special scientific interest or marine nature reserve);
c
a natural heritage area or national scenic area he must give written notice to Scottish Natural Heritage; or
d
any land which the National Trust or the National Trust for Scotland has notified the code operator that it owns, or holds any interest in, he must give written notice to its relevant regional office.
2
The notice to be given under paragraph (1) must state the code operator’s intention to install electronic communications apparatus and must describe that apparatus and identify the location where it is proposed to install it.
3
Where a code operator has given notice under paragraph (1), he may install the electronic communications apparatus only if —
a
within 56 days the person notified has not objected in writing; or
b
if the person notified has previously objected, he has given written notice of the withdrawal of his objection; or
c
in Great Britain, the Secretary of State, after consulting with the person notified, so directs;
and only if he also complies with any direction given to him by the Secretary of State, or, in Northern Ireland, the Department of the Environment, requiring him to give written notice to and consider representations from any other person exercising functions specified in that direction.
4
A code operator shall not be required to give notice under paragraph (1) where the electronic communications apparatus to be installed is —
a
a service line —
i
which is affixed to and lying on the exterior surface of a building or other permanent structure, and
ii
which does not, by reason of its installation, increase the environmental impact of the apparatus located in the area compared with the apparatus as it was before the service line was installed;
b
a replacement pole or replacement line the installation of which does not increase the environmental impact of the apparatus located in the area compared with the apparatus as it was before the replacement;
c
a replacement line in an existing conduit, if the installation of the replacement line does not entail enlarging the conduit or altering its position;
d
apparatus required for the provision of a temporary electronic communications network under regulation 15; or
e
apparatus which forms part of emergency works, where the code operator has provided the person who would otherwise be notified under paragraph (1) with an expected date of completion and a statement of the grounds for the need to execute the works.
5
For the purposes of paragraph (4), the environmental impact of apparatus is to be assessed having regard, in particular, to —
a
its visual impact on the landscape,
b
its effect on plant and animal life, and
c
its impact on the visual amenity of properties.
Use of conduits
9
Where electronic communications apparatus is to be installed underground in —
a
a part of a maintainable highway or, in Scotland, a public road which is paved, or
b
a street or, in Scotland, a road which the code operator has been notified by the street authority or the road works authority is to be paved, or
c
the verge of any street or, in Scotland, road,
it shall be installed in conduits unless it is not reasonably practicable to do so.
Maintenance and the safety of apparatus
10
1
A code operator shall inspect and maintain his electronic communications apparatus, other than apparatus installed underground or inside a building or other permanent structure, so as to ensure that it will not cause injury to any person or damage to property.
2
A code operator who receives a report that any electronic communications apparatus of his, wherever installed, is in a dangerous state shall investigate that report and, if necessary, make the apparatus safe.
3
A code operator shall inform the highway authority or, in Scotland, the roads authority of the arrangements he has made to comply with paragraph (1).
Records of apparatus
11
1
A code operator shall keep accurate records of where all his electronic communications apparatus that is installed in or under a maintainable highway or street or, in Scotland, a public road or a road, is located.
2
The duty to keep records in paragraph (1) shall apply only in respect of apparatus located in Scotland and Wales and shall not apply in respect of any apparatus installed prior to the date on which these Regulations come into force.
3
The records shall be in the form of route plans based on Ordnance Survey map backgrounds on an appropriate scale for the density development in the area concerned.
4
Where a person who has reasonable grounds to inspect any records kept pursuant to paragraph (1) makes a request to inspect them, a code operator shall make them available for that purpose as soon as practicable and, in any case, within one month of the request being made.
Duty to retain and allow inspection of existing records
12
1
A code operator shall retain all his records created prior to the date on which these Regulations come into force of where his electronic communications apparatus installed in or under a maintainable highway or street or, in Scotland, a public road or a road is located.
2
Where a person who has reasonable grounds to inspect any records kept pursuant to paragraph (1) makes a request to inspect them, a code operator shall make them available for that purpose as soon as practicable and, in any case, within one month of the request being made.
Duty to make staff available
13
A code operator shall make trained staff available, as soon as practicable after a reasonable request made by a relevant undertaker, a highway authority or, in Scotland, a roads authority, to indicate, on site, the location and nature of electronic communications apparatus of his installed in or under a maintainable highway or street or, in Scotland, a public road or a road.
Arrangements with electricity suppliers
14
1
Before a code operator exercises any rights under the electronic communications code in an authorised area, he shall use his best endeavours to enter into an agreement with any relevant electricity supplier as to the engineering principles to be adopted and the allocation and apportionment of costs which arise —
a
when the code operator installs and keeps installed electronic communications apparatus in proximity to plant which is already installed and which is the responsibility of the electricity supplier; or
b
when the electricity supplier gives notice to the code operator that it proposes to install plant in proximity to any of the code operator’s apparatus which is already installed.
2
A code operator shall not install electronic communications apparatus which is —
a
of such a nature, or
b
in such a position,
as adversely to affect any plant of an electricity supplier which is already installed.
Provision of a temporary electronic communications network
15
1
A code operator who provides any electronic communications service for a limited period at the site of a public or private event or at a construction site may install lines and poles on or above the ground, subject to the condition that —
a
as soon as practicable the planning authority is given a reasonable estimate of the date by which the lines and poles will be removed; and
b
the lines and poles are removed within a reasonable time after the end of the event or after the work on the construction site is complete.
2
A code operator who provides any electronic communications service required for use in dealing with an emergency by an emergency organisation may install lines and poles on or above the ground, subject to the condition that the lines and poles are removed within a reasonable time after they cease to be required.
Funds for meeting liabilities
16
1
A code operator must —
a
ensure that sufficient funds are available to meet the specified liabilities which —
i
arise on or before the date on which a relevant event occurs, or
ii
may arise at any time during the liability period,
from the exercise of rights conferred upon the code operator by paragraph 9 of the electronic communications code;
b
on 1st April each year, provide OFCOM with the certificate the requirements of which are set out in paragraphs (2) to (6) inclusive unless he has not previously exercised any rights conferred by the electronic communications code; and
c
where he has not previously exercised any rights conferred by the electronic communications code and intends to exercise such rights for the first time, provide OFCOM with the said certificate two weeks before he exercises such rights to install any apparatus.
2
The certificate shall be signed by —
a
the director or the company secretary, in the case of a company;
b
a member, in the case of a body corporate the conduct of the management of which is vested in its members;
c
a member of the management committee, in the case of a body (whether or not incorporated) not falling within subparagraph (a), (b) or (d);
d
one of the partners, in the case of a partnership;
e
the code operator himself, in the case of an individual;
and, in a case falling within subparagraph (a), (b) or (c), shall be approved by a resolution of the board, the body corporate or the management committee, as the case may be.
3
The certificate shall state that in the reasonable opinion of —
a
the board, in the case of a company;
b
the body corporate, in the case of a body corporate the conduct of the management of which is vested in its members;
c
the management committee, in the case of a body (whether or not incorporated) not falling within subparagraph (a), (b) or (d);
d
the partner signing the certificate, in the case of a partnership; or
e
the code operator himself, in the case of an individual;
the code operator has fulfilled his duty under paragraph (1).
4
In a case falling within subparagraph (a), (b) or (c) of paragraph (3), the board, the body corporate or the management committee, as the case may be, shall not make the statement in paragraph (3) unless it has first made appropriate enquiries into whether the code operator has fulfilled its duty under paragraph (1).
5
The certificate shall state —
a
the amount of the funds which have been provided for, and
b
the systems and processes which enabled the board, the body corporate, the management committee, the partner or the code operator himself as the case may be, to form the opinion referred to in paragraph (3).
6
The certificate shall be accompanied by copies of any insurance policy, bond, guarantee or other instrument which will provide the funds in paragraph (1)(a).
7
Where OFCOM are not satisfied that a code operator has discharged his duty under paragraph (1) they may —
a
direct that code operator to take such steps as they consider appropriate for the purpose of securing that sufficient funds are available to meet the specified liabilities; and
b
publish details of any direction under subparagraph (a).
8
Where OFCOM give a direction under paragraph (7)(a), the code operator shall comply with it.
9
A code operator shall inform OFCOM in writing immediately if he becomes aware of any circumstance which causes him to be unable to fulfil his duty under paragraph (1).
10
In this regulation —
“board” means the board of directors of a company;
“liability period” means the period commencing on the occurrence of a relevant event and ending on the third anniversary thereof;
“management committee” means the group of individuals in which the conduct of the management of a body of persons, other than a company, a partnership or a body corporate the conduct of the management of which is vested in its members, is vested;
a “relevant event” occurs if —
a code operator becomes subject to a direction under the Act by virtue of which he is prohibited from providing the electronic communications network for the purposes of the provision of which the electronic communications code was applied to him by a direction under section 106(3)(a) of the Act;
a code operator ceases to provide an electronic communications network;
a code operator is deemed to be unable to pay his debts;
a code operator enters into administration, receivership or liquidation;
any person takes action for the voluntary winding-up, dissolution, bankruptcy or sequestration of a code operator;
an administrator, receiver, trustee or similar officer of a code operator, or of all or any material part of the revenues and assets of that operator, is appointed;
any order is made for the compulsory winding-up, dissolution, bankruptcy or sequestration of a code operator;
“specified liabilities” are —
liabilities, including liabilities for the payment of indemnities in respect of costs or expenses incurred, arising under the New Roads and Street Works Act 1991 or, in Northern Ireland, the Street Works (Northern Ireland) Order 1995 towards —
any appropriate authority, traffic authority or responsible authority;
any other person having the authority to execute works in, or having apparatus in, a street or, in Scotland, a road;
any concessionaire within the meaning of section 1 of that Act of 1991 or, in the case of Northern Ireland, within the meaning of article 23(1) of the Roads (Northern Ireland) Order 1993 ;
any other costs or expenses reasonably incurred by any appropriate authority or responsible authority in making good any damage caused by the installation or removal of electronic communications apparatus, whether such damage occurs before or after a relevant event;
any other costs or expenses reasonably incurred by any appropriate authority or responsible authority after a relevant event occurs in removing any electronic communications apparatus —
which is installed under, over, along or across a street;
which is not, or is no longer, used for the purposes of any electronic communications network and in relation to which there is no reasonable likelihood that it will be so used; and
the removal of which is desirable having regard to any harm it may cause to other persons or property or to the visual amenity of land or buildings in proximity to which the apparatus is installed.
11
A code operator shall, for the purposes of this regulation, be deemed to be unable to pay its debts if —
a
where it is a company registered under the enactments relating to companies for the time being in force in the United Kingdom, it satisfies any of the requirements in section 123 of the Insolvency Act 1986 , except that, for the purposes of this regulation, the figure of “£750” in section 123 of that Act, or such other sum as may be specified from time to time pursuant to section 416 of that Act, shall be replaced by “£250,000”;
b
where it is a company which is not so registered, it satisfies any of the requirements in section 222, 223 or 224 of the Insolvency Act 1986, except that, for the purposes of this regulation, the figure of “£750” in section 222 of that Act, or such other sum as may be specified from time to time pursuant to section 417 of that Act, shall be replaced by “£250,000”;
c
where it is a partnership —
i
it satisfies any of the requirements in section 222, 223 or 224 of the Insolvency Act 1986 (as modified by paragraphs 4 and 5 of Part I of Schedule 3 to the Insolvent Partnerships Order 1994 ),except that for the purposes of this regulation the figure of “£750” in section 222 of that Act, or such other sum as may be specified from time to time pursuant to section 417 of that Act, shall be replaced by “£250,000”;
ii
it is apparently insolvent within the meaning of section 7 of the Bankruptcy (Scotland) Act 1985 , except that for the purposes of this regulation the figure of “£750” in section 7 of that Act, or such other sum as may be specified from time to time by any enactment which amends section 7, shall be replaced by “£250,000” ; or
iii
it satisfies any of the requirements in article 186, 187 or 188 of the Insolvency (Northern Ireland) Order 1989 (as modified by paragraphs 4, 5 and 6 of Part I of Schedule 3 to the Insolvent Partnerships Order (Northern Ireland) 1995 ), except that for the purposes of this regulation the figure of “£750” in article 186 of the Order of 1989, or such other sum as may be specified from time to time pursuant to article 362(1)(a) of that Order, shall be replaced by “£250,000”;
d
where he is an individual —
i
he satisfies either of the requirements in section 268(1) of the Insolvency Act 1986 and the debt, or the aggregate amount of the debts, that he owes is equal to or more than £250,000;
ii
he is apparently insolvent within the meaning of section 7 of the Bankruptcy (Scotland) Act 1985, except that for the purposes of this regulation the figure of “£750” in section 7 of that Act, or such other sum as may be specified from time to time by any enactment amending section 7, shall be replaced by “£250,000”; or
iii
he satisfies either of the requirements in article 242(1) of the Insolvency (Northern Ireland) Order 1989 and the debt, or the aggregate amount of the debts, that he owes is equal to or more than £250,000.
12
In the definition of “relevant event” in paragraph (10), the reference to a code operator’s becoming subject to a direction by virtue of which he is prohibited from providing the electronic communications network for the purposes of the provision of which the electronic communications code was applied to him —
a
does not include a reference to his becoming subject to a direction which will have to be revoked if not confirmed, but
b
does include a reference to the confirmation of a direction which would otherwise have had to be revoked.
Production of guidelines
17
1
A code operator shall co-operate with planning authorities and with highway authorities or, in Scotland, roads authorities in the production of guidelines on the manner in which code operators should conduct the installation, including the positioning, of —
a
cabinets, boxes, pillars, pedestals and other similar apparatus installed above the ground;
b
lines and service line distribution points affixed to and lying on the exterior surface of buildings or other permanent structures; and
c
apparatus installed on or above the ground in proximity to a building notified by the planning authority to the code operator as being on the statutory list of buildings.
2
A code operator shall comply with the guidelines referred to in paragraph (1) from the date on which they come into effect.
3
A code operator shall provide OFCOM with a copy of the guidelines referred to in paragraph (1).
Transitional provision
18
In relation to times before an order made under section 411 of the Act brings sections 106 to 119 inclusive of the Act into force for the purpose of conferring on OFCOM the functions contained in those sections, references to OFCOM in these Regulations are to be treated as references to the Director General of Telecommunications.
Sainsbury of Turville,
Parliamentary Under Secretary of State for Science and Innovation,
Department of Trade and Industry
2nd October 2003


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) (Amendment of Transitional Provisions) Order 2003 and shall come into force on the day after it is made.
2
For paragraph 2(2) of Schedule 2 to the Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 there is substituted —
2
Section 3C of the 1971 Act (continuation of leave pending variation decision), as substituted by section 118 of the 2002 Act, shall apply in relation to an application made before 1st April 2003, in respect of which no decision has been made on or before 1st April 2003, as it applies to such an application made after 1st April 2003.
.
Beverley Hughes
Minister of State
Home Office
7th April 2003


text:
1
This Order may be cited as the Mutual Assistance Provisions Order 2003 and comes into force on 1st January 2004.
2
In section 48(1B) of the Value Added Tax Act 1994, for paragraph (c) substitute —
c
Council Regulation ( EC ) No. 1798/2003 of 7th October 2003 (on administrative cooperation in the field of value added tax).
.
3
In section 197(4) of the Finance Act 2003, in the definition of the “Mutual Assistance Directive” for “as amended by Council Directives 79/1070/ EEC and 92/12/EEC ” substitute “as amended by Council Directives 92/12/EEC and 2003/93/EC ”.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
1st December 2003


text:
Name and commencement
1
This Order may be cited as the Export of Goods (Control) (Iraq and Kuwait Sanctions) (Revocation) Order 2003 and shall come into force on 14th June 2003.
Revocation
2
The Export of Goods (Control) (Iraq and Kuwait Sanctions) Order 1990 is hereby revoked.
Nigel Griffiths,
Parliamentary Under-Secretary of State for Small Business,
Department of Trade and Industry
12th June 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Region) (England) Order 2003 and shall come into force on 14th May 2003.
2
In this Order “the 1985 Act ” means the Housing Act 1985.
Designated rural areas
2
The areas specified in the Schedule to this Order are designated as rural areas for the purposes of section 157 of the 1985 Act.
Designated region
3
In relation to a dwelling-house which is situated in a rural area designated by article 2 of this Order, the designated region for the purposes of section 157(3) of the 1985 Act shall be the District of Kennet.
Signed by authority of the First Secretary of State.
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
11th April 2003


text:
Citation and commencement
1
These Regulations may be cited as the Income Support (General) Amendment Regulations 2003 and shall come into force on 6th October 2003 immediately after the coming into force of regulation 29 of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 .
Amendment of the Income Support (General) Regulations 1987
2
1
Schedule 2 to the Income Support (General) Regulations 1987 (applicable amounts) shall be amended in accordance with this regulation.
2
In paragraph 10(1)(b)(i) (higher pensioner premium) for “paragraph 12(1)(a) or (c)” there shall be substituted “paragraph 12(1)(a), (c) or (d)” .
3
In paragraph 11 (disability premium) in —
a
sub-paragraph (b)(i) for “paragraph 12(1)(a), (b) or (c)” there shall be substituted “paragraph 12(1)(a), (b), (c) or (d)”; and
b
sub-paragraph (b)(ii) for “paragraph 12(1)(a) or (c)” there shall be substituted “paragraph 12(1)(a), (c) or (d)”.
4
In paragraph 12 (additional condition for the higher pensioner and disability premium) in —
a
sub-paragraph (4) for “sub-paragraph (1)(c)” in each place where that phrase appears there shall be substituted “sub-paragraph (1)(c) and (d)”; and
b
sub-paragraph (6) for “sub-paragraph (1)(a)(i) and (c)(i)” there shall be substituted “sub-paragraph (1)(a)(i) and (c)”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
15th September 2003


text:
Citation and commencement
1
This Order may be cited as the Financial Assistance for Environmental Purposes (England) Order 2003 and shall come into force on 7th April 2003.
Variation of section 153(1) of the Environmental Protection Act 1990
2
In section 153(1) of the Environmental Protection Act 1990 (purposes for which financial assistance may be given), after paragraph (qq) there shall be inserted —
rr
the Commission for Architecture and the Built Environment, in respect of its activities in England in so far as they relate to the protection, improvement or better understanding of the environment.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
13th March 2003


text:
1
This Order may be cited as The A63 Trunk Road (County Boundary to Longs Corner) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/386, marked “The A63 Trunk Road (County Boundary to Longs Corner) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Liverpool to Hull Trunk Road (A63).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies the East Riding of Yorkshire Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
27th January 2003


text:
1
These Regulations may be cited as the International Carriage of Perishable Foodstuffs (Amendment) Regulations 2003 and shall come into force on 1st August 2003.
2
The International Carriage of Perishable Foodstuffs Regulations 1985 (“ the 1985 Regulations”) shall be amended in accordance with regulations 3 and 4 below.
3
In regulation 25 of the 1985 Regulations —
a
for “£5” there shall be substituted “£40”, and
b
for “or” there shall be substituted “and the fee of £5 is to be paid for the issue of”.
4
1
The Schedule to the 1985 Regulations shall be amended as follows.
2
In paragraph 1 of Part I, for “£150” there shall be substituted “ £165”.
3
In paragraph 2 of Part I, for “£405” there shall be substituted “ £450”.
4
In paragraph 3 of Part I, for “£50” there shall be substituted “ £60”.
5
In paragraph 1 of Part II, for “£850” there shall be substituted “ £925”.
6
Paragraph 3 of Part II shall be deleted.
7
In paragraph 1 of Part III, for “£80” there shall be substituted “ £90”.
8
In paragraph 2 of Part III, for “£240” there shall be substituted “ £350”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
4th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Land Tax (Variation of the Finance Act 2003) (No. 2) Regulations 2003 and shall come into force on 1st December 2003.
Variation of the Finance Act 2003
2
The Finance Act 2003 is amended in accordance with the Schedule to these Regulations.
Revocation
3
The Stamp Duty and Stamp Duty Land Tax (Variation of the Finance Act 2003) Regulations 2003 are revoked.
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th November 2003