text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) Order 2003 and shall come into force on 7th April 2003.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Amendment of the Offshore Installations (Safety Zones) ( No. 2) Order 2002
3
In the Schedule to the Offshore Installations (Safety Zones) (No. 2) Order 2002 —
a
in the entry relating to Madoes Production Manifold, for “01° 26.02− E” in column 3 there shall be substituted “01° 26.21− E”;
b
in the entry relating to Mirren East Production Well —
i
for “57° 18.5−” in column 2 there shall be substituted “57° 18.51−”; and
ii
for “00° 54.66− E” in column 3 there shall be substituted “01° 54.66− E”;
c
in the entry relating to Mirren West Production Well —
i
for “57° 18.06−” in column 2 there shall be substituted “57° 18.65−”; and
ii
for “01° 52.04− E” in column 3 there shall be substituted “01° 52.42− E”;
d
in the entry relating to Galley G6 Well and Tree, for “00° 31.06− E” in column 3 there shall be substituted “00° 31.61− E”;
e
in the entry relating to Drill Centre 4 (DC4), for “Block 211/13a” in column 1 there shall be substituted “Block 211/14”; and
f
in the entry relating to Drill Centre 5 (DC5), for “Block 211/13a” in column 1 there shall be substituted “Block 211/14”.
Revocation of orders
4
The following orders are revoked —
a
the Offshore Installations (Safety Zones) (No. 2) Order 1983 ;
b
the Offshore Installations (Safety Zones) (No. 21) Order 1983 ; and
c
the Offshore Installations (Safety Zones) (No. 50) Order 1984 .
Signed by authority of the Secretary of State for Work and Pensions.
Nick Brown
Minister of State,
Department for Work and Pensions
24 th March 2003


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Tax Credits Act 2002 (Commencement No. 2) Order 2003.
2
In this Order “ the Act ” means the Tax Credits Act 2002.
Commencement of certain provisions of the Act
2
Subject to article 3 (savings), the following provisions of the Act come into force on the dates and for the purposes mentioned in relation to each provision:
Provision Date Purposes
Part 2 of the Act (child benefit and guardian’s allowance) including Schedule 4 but excluding sections 49, 50 and 54(1) and (2) 26th February 2003 Making subordinate legislation relating to child benefit and guardian’s allowance Part 2 of the Act including Schedule 4 but excluding section 54(1) and (2) 1st April 2003 Transfer of functions etc. relating to child benefit and guardian’s allowance, other than functions of making subordinate legislation, and minor amendments Part 2 of the Act including Schedule 4 but excluding sections 54(1) and (2) 7th April 2003 Entitlement to payment of child benefit and guardian’s allowance Section 58 (administrative arrangements) 26th February 2003 Making subordinate legislation relating to child benefit and guardian’s allowance Section 59 and Schedule 5 (use and disclosure of information) 26th February 2003 Making subordinate legislation relating to the use and disclosure of information in connection with child benefit and guardian’s allowance Section 59 and Schedule 5 1st April 2003 Use and disclosure of information relating to child benefit and guardian’s allowance Section 60 and Schedule 6 so far as concerns section 145(5) of the Social Security Contributions and Benefits Act 1992 and section 141(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (rate of child benefit) 1st April 2003 Repeal of power of Secretary of State and Department for Social Development in Northern Ireland to make regulations prescribing rate of child benefit Section 60 and Schedule 6 so far as concerns the words “of Part 1 or 6 of this Act” in paragraph (a) of section 175(1A) of the Social Security Contributions and Benefits Act 1992 and paragraph (b) of section 175(1A) of that Act and the word “and” before it (regulations, orders and schemes) and, in section 172 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Assembly, etc. control of regulations and orders), the words “or 141” in subsection (2)(a) and the words “(other than section 141)” in subsection (3)(c) 1st April 2003 Repeals consequential on repeal of power of Secretary of State and Department for Social Development in Northern Ireland to make regulations prescribing the rate of child benefit Section 60 and Schedule 6 so far as concerns paragraph 4 of Schedule 9 to the Social Security Contributions and Benefits Act 1992 and paragraph 4 of Schedule 9 to the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (exclusions from entitlement to child benefit – persons exempt from tax) 7th April 2003 Repeal of exclusion from entitlement to child benefit by reason of exemption from tax Section 60 and Schedule 6 so far as concerns section 154(2)(b) and (c) of the Social Security Administration Act 1992 (c. 5) and section 134 (2)(b) and (c) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (social security benefit in respect of children) 1st April 2003 Repeal of regulatory power to reduce amount of guardian’s allowance or increase for child dependants where there is an increase in the rate of child benefit Section 60 and Schedule 6 so far as concerns the word “other” in section 189(1) of the Social Security Administration Act 1992 26th February 2003 Making subordinate legislation relating to child benefit and guardian’s allowance
Savings
3
1
Notwithstanding the commencement of section 56 of the Act (presence in the United Kingdom) by virtue of article 2 on 26th February 2003 for the purposes of making subordinate legislation relating to child benefit, the Child Benefit (Residence and Persons Abroad) Regulations 1976 and the Child Benefit (Residence and Persons Abroad) Regulations (Northern Ireland) 1976 shall continue to have effect as follows.
2
Except as provided in paragraphs (3) and (4), both those Regulations shall continue to have effect up to and including 6th April 2003.
3
Regulation 7 of both those Regulations shall continue to apply to persons referred to in sub-paragraph (c) of regulation 6(1) of both those Regulations and, to the extent applicable to that sub-paragraph, persons referred to in sub-paragraphs (d) and (e) of that regulation, whose absence begins before 7th April 2003 and continues on and after that date until —
a
the absence ceases, or
b
2nd April 2006,
whichever first occurs.
4
Regulation 9 of, and the Schedule to, both those Regulations (modification of the Child Benefit Act 1975 and the Child Benefit (Northern Ireland) Order 1975 to take account of reciprocal agreements relating to family allowances) shall continue to have effect indefinitely.
Philip Woolas
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
24th February 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Minding and Day Care (Applications for Registration) (England) (Amendment) Regulations 2003 and shall come into force on 1st September 2003.
2
In these Regulations “the principal Regulations ” means the Child Minding and Day Care (Applications for Registration) (England) Regulations 2001 .
Amendment of the principal Regulations
2
Amend the principal Regulations as set out in regulations 3 to 6.
3
1
Amend regulation 2 (interpretation) as follows.
2
Insert in the appropriate place —
“associate” means in relation to an application for registration for child minding any of the persons other than the applicant referred to in section 79B(3)(a) and (b) of the Children Act 1989 and in relation to an application for registration for providing day care any of the persons other than the applicant referred to in section 79B(4)(a) and (b) of that Act;
.
3
Omit the definition of “date of birth”.
4
In regulation 3, omit the words “about the matters”.
5
For paragraph 1 of the Schedule substitute:
1
Where the applicant for registration for child minding or for providing day care is an individual, his date of birth, full name and any former name or alias.
1A
Where the applicant for registration for providing day care is a body corporate whose primary purpose is the provision of day care, its name and any number by which it is registered together with the date of birth and full name and any former name or alias of any director or trustee and of the person in charge.
1B.
Where the applicant for registration for providing day care is an unincorporated body, a partnership or a committee whose primary purpose is the provision of day care, its name together with the dates of birth, full names and any former names or aliases of all persons responsible for the management of the unincorporated body, partners in the partnership or members of the committee.
IC
Where the applicant for registration for providing day care is an incorporated or unincorporated body, a partnership or a committee for whom the provision of day care is not its primary purpose, its name, and any registered number together with the dates of birth, full names and any former names or aliases of all persons who have delegated, direct responsibility for the provision of day care by the applicant.
ID
The dates of birth, full names and any former names or aliases of any associates of the applicant.
.
6
Omit paragraphs 4, 12, 13, 14 and 17 of the Schedule.
7
In paragraph 15 of the Schedule for the words “13 or 14” substitute “1D”.
8
In paragraph 16 of the Schedule for the words “13 or 14” substitute “1, 1A, 1B, 1C or 1D”.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
1st August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 6) Regulations 2003 and shall come into force on 1st October 2003.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
Amend Part 7 of Schedule 3 to the Social Security (Contributions) Regulations 2001 as follows.
2
In paragraph 1 (payments in respect of training and similar payment disregarded) for “Paragraphs 5,6 and 7” substitute “Paragraphs 5 to 9”.
3
After paragraph 7 add —
Employment Retention and Advancement payments
8
A payment made to a participant in an Employment Retention and Advancement Scheme, arranged under section 2(1) of the Employment and Training Act 1973 , in his capacity as such.
Incapacity Benefit Return to Work Credit payments
9
A payment by way of Incapacity Benefit Return to Work Credit.
.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
10th September 2003
The Secretary of State concurs
Chris Pond
Parliamentary Under Secretary of State,
Department for Work and Pensions
9th September 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Oxford Radcliffe Hospitals National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the NHS Trust” means the Oxford Radcliffe Hospitals National Health Service Trust ;
“the new trustees” means the trustees for the Oxford Radcliffe Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the NHS Trust and the new trustees and signed on behalf of the NHS Trust on 26th March 2003 and on behalf of the new trustees on 27th March 2003.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the NHS Trust to the new trustees.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new trustees and any reference to the NHS Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new trustees.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
28th March 2003


text:
Title and commencement
1
These Regulations may be cited as the Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003, and shall come into force on 31 December 2003.
Amendment of the Oil and Fibre Plant Seed (England) Regulations 2002
2
1
The Oil and Fibre Plant Seed (England) Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1), for the definition of “the Oil and Fibre Plant Seed Directive” there shall be substituted the following definition —
“the Oil and Fibre Plant Seed Directive” means Council Directive 2002/57/ EC on the marketing of seed of oil and fibre plants as amended by Council Directive 2002/68/EC and Commission Directive 2003/45/EC ;
.
3
In regulation 3, after the definition of “flax” there shall be inserted the following definition —
“hemp” means plants of the species Cannabis sativa L. commonly known as hemp;
.
4
In regulation 6(3)(b), the words “or turnip rape” shall be deleted.
5
In regulation 8(1) —
a
in sub-paragraph (c) —
i
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
ii
for the words “a hybrid of sunflower, swede rape or turnip rape” there shall be substituted the words —
a hybrid, other than a hybrid of swede rape,
;
b
in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
c
in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
d
in sub-paragraph (g) —
i
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
ii
after the words “a hybrid” the words “of sunflower, swede rape or turnip rape” shall be deleted;
e
in sub-paragraph (h) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
f
in sub-paragraph (i) after the word “linseed” there shall be inserted the words “, monoecious hemp”.
6
In regulation 8(3) —
a
in sub-paragraph (a)(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
b
in sub-paragraph (a)(ii) the words “of sunflower, swede rape or turnip rape” shall be deleted;
c
in sub-paragraph (b) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
d
in sub-paragraph (c) after the word “linseed” there shall be inserted the words “, monoecious hemp”.
7
In regulation 8(17) —
a
in sub-paragraph (c) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
b
in sub-paragraph (d) —
i
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
ii
the words “used in the production of sunflower, swede rape or turnip rape” shall be deleted;
c
in sub-paragraph (e) the words “of sunflower, swede rape or turnip rape” shall be deleted;
d
in sub-paragraph (h) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
e
in sub-paragraph (i) —
i
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
ii
after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;
f
in sub-paragraph (j) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted; and
g
in sub-paragraph (l) after the word “linseed” there shall be inserted the words “, monoecious hemp”.
8
In regulation 10(6) —
a
in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
b
in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
c
in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”.
9
In regulation 11(1) —
a
in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
b
in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
c
in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”.
10
In regulation 11(14) —
a
in sub-paragraph (b) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
b
in sub-paragraph (c) —
i
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
ii
for the words “other than a hybrid of sunflower, swede rape or turnip rape” there shall be substituted the words —
other than a component used in the production of a hybrid variety,
;
c
in sub-paragraph (d) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;
d
in sub-paragraph (f) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
e
in sub-paragraph (g) —
i
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
ii
after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;
f
in sub-paragraph (h) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted; and
g
in sub-paragraph (j) after the word “linseed” there shall be inserted the words “, monoecious hemp”.
11
In regulation 26(12)(b) for the words “in accordance with the provisions of paragraph 6(d) of the Annex to Commission Decision 95/232/EC as extended by Council Directive 2002/68/EC ” there shall be substituted the words —
in accordance with point (aa) of Annex IV to the Oil and Fibre Plant Seed Directive.
.
12
In Schedule 1 —
a
in Part I, paragraph 1 —
i
in sub-paragraph (1) —
aa
after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;
bb
in paragraph (b)(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
cc
in paragraph (b)(ii) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
dd
in paragraph (b)(iii) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
ii
in sub-paragraph (2) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted;
b
in Part II, paragraph 13 —
i
in sub-paragraph (1) —
aa
after the words “brown mustard, flax,” there shall be inserted the word “hemp,”;
bb
after the words “a hybrid” the words “of sunflower, swede rape or turnip rape” shall be deleted;
cc
in paragraph (b)(i) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
dd
in paragraph (b)(ii) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
ee
in paragraph (b)(iii) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
ii
in sub-paragraph (2) —
aa
after the words “a hybrid variety” the words “of swede rape or turnip rape” shall be deleted; and
bb
after the words “inbred line” the words “of sunflower” shall be deleted; and
iii
in sub-paragraph (3) after the words “hybrid variety” the words “of sunflower” shall be deleted;
c
in Part III —
i
in paragraph 27 —
aa
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
bb
after the word “hybrids” the words “of sunflower, swede rape and turnip rape” shall be deleted;
ii
in paragraph 35 after the word “linseed” there shall be inserted the words “, monoecious hemp”;
iii
in paragraph 43 after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
d
in Part V, paragraph 64(3)(c) after the words “a hybrid variety” the words “of sunflower, swede rape or turnip rape” shall be deleted.
13
In Schedule 2 after paragraph 3 there shall be inserted the following paragraph —
3A
Hemp.
.
14
In Schedule 3 —
a
in paragraph 1(2) after the words “of swede rape” the words “or turnip rape” shall be deleted;
b
in the table in paragraph 2 —
i
in entry (a) in column 1 —
aa
after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”; and
bb
after the words “hybrids of swede rape” the words “and turnip rape” shall be deleted; and
ii
in entry (b) in column 1 after the words “of swede rape” the words “and turnip rape” shall be deleted;
c
after entry (c)(iii) in the table at paragraph 2 there shall be inserted the following entry —
d
Monoecious hemp
i
for the production of basic seed
5,000 metres
ii
for the production of CS seed
1,000 metres.
;
d
in paragraphs 5 and 6 the words “of sunflower” shall be deleted;
e
in paragraph 7 after the words “brown mustard,” there shall be inserted the words “and dioecious hemp,”;
f
after paragraph 7 there shall be inserted the following paragraph —
7A
In the case of monoecious hemp, the number of plants of the crop species which are recognisable as obviously not being true to the variety shall not exceed —
a
one per 30 square metres for the production of basic seed; and
b
one per 10 square metres for the production of C1 and C2 seed.
;
g
after paragraph 9 there shall be inserted the following paragraph —
9A
In the case of the production of a hybrid variety of swede rape produced using the male sterility the percentage by number of plants which are recognisable as obviously not being true to the inbred line or the component shall not exceed —
a
for the production of basic seed —
i
in the case of an inbred line; 0.1%;
ii
in the case of a male component of a simple hybrid; 0.1%; and
iii
in the case of a female component of a simple hybrid; 0.2%; and
b
for the production of CS seed —
i
in the case of a male component; 0.3%; and
ii
in the case of a female component; 1.0%.
.
h
in paragraph 10 —
i
the words “or turnip rape” shall be deleted; and
ii
for the words “at least 98%” shall be substituted the words —
at least 99% for the production of basic seed and at least 98% for the production of CS seed.
; and
i
in paragraph 12(6) the words “or turnip rape” shall be deleted.
15
In Schedule 4 —
a
in Part I, paragraph 2 the words “or turnip rape” shall be deleted;
b
for the table in paragraph 3 there shall be substituted the following table:
Species and category Minimum varietal purity (percentage) Column (1) Column (2)
a
Flax —
i
basic seed
ii
C1 seed
iii
C2 seed
iv
C3 seed
99.7
98.0
97.5
97.5
b
Linseed —
i
basic seed
ii
C1 seed
iii
C2 seed
99.7
98.0
97.5
c
Soya bean —
i
basic seed
ii
C1 seed
iii
C2 seed
99.5
99.0
99.0
d
Sunflower except hybrid varieties and components of hybrid varieties —
i
basic seed
ii
CS seed
99.7
99.0
e
Swede rape and turnip rape except hybrid varieties, components of hybrid varieties and varieties to be used solely for fodder purposes —
i
basic seed
ii
CS seed
99.9
99.7
f
Swede rape and turnip rape varieties to be used solely for fodder purposes except hybrid varieties and components of hybrid varieties —
i
basic seed
ii
CS seed
99.7
99.0
g
Components of hybrid varieties of swede rape and hybrid varieties produced using male sterility —
i
basic seed, female component
ii
basic seed, male component
iii
CS seed
99.0
99.9
90.0
;
c
in Part II, paragraph 6 the words “or turnip rape” shall be deleted;
d
in the table in paragraph 7(1) after the entry for flax there shall be inserted the following entry —
Hemp – basic, CS, C1 and C2 seed (*) 98 Not applicable 30 0 0 Not applicable Not applicable Not applicable Not applicable;
;
e
after the table in paragraph 7(1) there shall be inserted the following footnote —
(*) Hemp seed shall be free from Orobanche spp. However, the presence of one seed of Orobanche spp. in a sample of 100 grams shall not be regarded as an impurity where a second sample of 200 grams is free from any such seeds.
;
f
in the table in paragraph 8 after the entry for flax there shall be inserted the following entry —
Basic, CS, C1 and C2 seed of hemp 75
;
g
in the table in paragraph 9(1), after the entry for flax there shall be inserted the following entry —
Hemp 5 Not applicable Not applicable
; and
h
in Part III, paragraph 10 the words “or turnip rape” shall be deleted.
16
In the table in Schedule 5 —
a
in paragraph 1 in Column (1) —
i
in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
ii
in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
iii
in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
b
in paragraph 1 in Column (2) —
i
in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
ii
in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
iii
in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
c
in paragraph 2 in Column (1) —
i
in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
ii
in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
iii
in sub-paragraph (e) after the word “linseed” there shall be inserted the words “, monoecious hemp”;
d
in paragraph 2 in Column (2) —
i
in sub-paragraph (c) after the words “brown mustard,” there shall be inserted the words “dioecious hemp,”;
ii
in sub-paragraph (d) after the word “linseed” there shall be inserted the words “, monoecious hemp”; and
iii
in sub-paragraph (e) after the word “linseed,” there shall be inserted the words “, monoecious hemp”;
e
in paragraph 3 in Column (1) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted;
f
in paragraph 3 in Column (2) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted;
g
in paragraph 4 in Column (1) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted; and
h
in paragraph 4 in Column (2) the words “In the case of sunflower, swede rape or turnip rape” shall be deleted.
17
In the table in Schedule 7 after the entry for flax there shall be inserted the following entry —
Hemp 10 600 600
.
18
In Schedule 8 —
a
in Part IV, paragraph 8(n) the words “of swede rape or turnip rape” shall be deleted; and
b
in Part VI, paragraph 24 —
i
in sub-paragraph (a) the words “followed by the number 95/232/EC” shall be deleted; and
ii
in sub-paragraph (k) the word “number” shall be replaced by the word “weight”.
19
In the table in Schedule 10 after the entry for grey label there shall be inserted the following entry —
hemp regulation 3.
Consequential Amendments
3
The Seed (Registration, Licensing and Enforcement) (England) Regulations 2002 shall be amended in accordance with the following provisions of this regulation —
1
In regulation 2(1), for paragraph (d) of the definition of “the Seed Marketing Directives” there shall be substituted the following paragraph —
d
Council Directive 2002/57/EC on the marketing of seed of oil and fibre plants as last amended by Commission Directive 2003/45/EC ; and
.
2
In regulation 2(1), for paragraph (d) of the definition of “the Seed Marketing Regulations” there shall be substituted the following paragraph —
d
in relation to oil and fibre plant seed, the Oil and Fibre Plant Seed (England) Regulations 2002 as amended by the Oil and Fibre Plant Seed (England) (Amendment) Regulations 2003 ; and
; and
3
In Schedule 5 —
In the table in paragraph 13 after the entry for Hairy vetch there shall be inserted the following entry —
Hemp B.
.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
1st December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 and shall come into force on 27th October 2003.
Interpretation
2
In these Regulations —
“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;
“interview” means a work-focused interview with a relevant person who has claimed a specified benefit and which is conducted for any or all of the following purposes —
assessing that relevant person’s prospects for existing or future employment (whether paid or voluntary);
assisting or encouraging that relevant person to enhance his prospects of such employment;
identifying activities which that relevant person may undertake to strengthen his existing or future prospects of employment;
identifying current or future employment, training or rehabilitation opportunities suitable to that relevant person’s needs;
identifying educational opportunities connected with the existing or future employment prospects or needs of that relevant person;
“officer” means a person who is an officer of, or who is providing services to or exercising functions of, the Secretary of State;
“personal capability assessment” means the assessment defined in Part III of the Social Security (Incapacity for Work) (General) Regulations 1995 (personal capability assessment);
“relevant decision” has the meaning given by section 2B(2) of the Social Security Administration Act 1992 (supplementary provisions relating to work-focused interviews);
“relevant person” means a person who resides in an area identified in —
Part 1 of the Schedule to these Regulations, and who makes a claim for a specified benefit on or after 27th October 2003; or
Part 2 of that Schedule, and who makes a claim for a specified benefit on or after 5th April 2004.
“specified benefit” means —
incapacity benefit;
income support where paragraph 7 (persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies;
income support where paragraph 24 or 25 (persons appealing against a decision which embodies a determination that they are not incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies to a person who has made a claim for a specified benefit referred to in sub-paragraph (a), (b) or (d) of this definition on or after —
27th October 2003 where that person resides in an area identified in Part 1 of the Schedule to these Regulations; or
5th April 2004 where that person resides in an area identified in Part 2 of that Schedule; or
severe disablement allowance.
Requirement for a relevant person entitled to a specified benefit to take part in an interview
3
1
Subject to paragraph (2) below and regulations 6 and 7, a relevant person who —
a
is entitled to a specified benefit; and
b
on the day on which he makes his claim for that specified benefit, has attained the age of 18 but has not attained the age of 60,
shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him.
2
A relevant person who —
a
has taken part in an interview under paragraph (1) above by virtue of —
i
being; or
ii
having been,
entitled to a specified benefit; and
b
becomes entitled to —
i
another specified benefit; or
ii
the same specified benefit where sub-paragraph (a)(ii) applies; and
c
has not —
i
been engaged in remunerative work; or
ii
made a claim for a jobseeker’s allowance,
after having been entitled to the specified benefit referred to in sub-paragraph (a) above and before becoming entitled to the specified benefit referred to in sub-paragraph (b) above,
shall not be required to take part in a further interview under paragraph (1) above.
3
An officer shall arrange for the interview referred to in paragraph (1) above to take place after the expiry of eight weeks after the date the claim for a specified benefit is made or as soon as is reasonably practicable thereafter.
Continuing entitlement to a specified benefit dependent upon an interview
4
1
Subject to paragraph (2) below and regulations 6 to 8 a relevant person who —
a
has taken part in an interview under regulation 3;
b
is entitled to a specified benefit; and
c
has not attained the age of 60,
shall be required to take part in five further interviews, each at, or as soon as is reasonably practicable after, the expiry of one month from the day he last took part in an interview, the day he was treated under regulation 6 as having complied with such a requirement to take part in an interview or, as the case may be, the day a relevant decision was made under regulation 9(4), as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him.
2
A relevant person who —
a
has taken part in one or more interviews under paragraph (1) above by virtue of —
i
being; or
ii
having been,
entitled to a specified benefit; and
b
becomes entitled to —
i
another specified benefit; or
ii
the same specified benefit where sub-paragraph (a)(ii) applies; and
c
has not —
i
been engaged in remunerative work; or
ii
made a claim for a jobseeker’s allowance,
after having been entitled to the specified benefit referred to in sub-paragraph (a) above and before becoming entitled to the specified benefit referred to in sub-paragraph (b) above,
shall be required to continue to take part in the sequence of interviews in accordance with paragraph (1) until he has taken part in a total of five such interviews.
3
Subject to regulations 6 and 7, where a relevant person —
a
has taken part in the five further interviews referred to in paragraph (1) above;
b
is entitled to a specified benefit; and
c
has not attained the age of 60,
he shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him where any of the circumstances specified in paragraph (6) below apply or where paragraph (7) below applies.
4
Subject to regulations 6 and 7, where a relevant person —
a
has had the requirement to take part in all five interviews referred to in paragraph (1) above waived in accordance with regulation 6;
b
is entitled to a specified benefit; and
c
has not attained the age of 60,
he shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him where any of the circumstances specified in paragraph (6) below apply or where paragraph (7) below applies.
5
Subject to regulations 6 and 7, where —
a
regulation 8 applies to a relevant person;
b
the relevant person is entitled to a specified benefit; and
c
the relevant person has not attained the age of 60,
he shall be required to take part in an interview as a condition of his continuing to be entitled to the full amount of the specified benefit which is payable to him where any of the circumstances specified in paragraph (6) below apply or where paragraph (7) below applies.
6
The circumstances specified in this paragraph are those where —
a
it is determined in accordance with a personal capability assessment that a relevant person is incapable of work and therefore, continues to be entitled to a specified benefit;
b
a relevant person’s entitlement to a carer’s allowance ceases whilst his entitlement to a specified benefit continues;
c
a relevant person becomes engaged or ceases to be engaged in part-time work; or
d
a relevant person has been undergoing education, training or a rehabilitation programme arranged by an officer and that education, training or rehabilitation programme comes to an end.
7
A requirement to take part in an interview arises under this paragraph where a relevant person has not been required to take part in an interview under paragraphs (3) to (5) above for at least 36 months from the date he last took part in an interview.
The interview
5
1
The officer shall inform a relevant person who is required to take part in an interview of the time and place of the interview.
2
An officer shall conduct the interview.
3
The officer may determine that an interview is to take place in the relevant person’s home where it would, in the officer’s opinion, be unreasonable to expect that relevant person to attend elsewhere because that relevant person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
Waiver of requirement to take part in an interview
6
1
A requirement imposed by these Regulations to take part in an interview shall not apply where an officer determines that an interview would not be —
a
of assistance to the relevant person concerned; or
b
appropriate in the circumstances.
2
A relevant person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) above shall be treated for the purposes of —
a
regulation 3 or 4; and
b
entitlement to a specified benefit,
as having complied with that requirement in respect of that interview.
Deferment of requirement to take part in an interview
7
1
An officer may determine, in the case of a relevant person, that the requirement to take part in an interview shall be deferred at the time the requirement to take part in an interview arises or applies because an interview would not at that time be —
a
of assistance to that relevant person; or
b
appropriate in the circumstances.
2
Where the officer determines in accordance with paragraph (1) above that the requirement to take part in an interview shall be deferred, he shall also determine when that determination is made, the time when the requirement to take part in an interview is to apply in the relevant person’s case.
3
Where a requirement to take part in an interview has been deferred in accordance with paragraph (1) above, then until —
a
a determination is made under regulation 6(1);
b
the relevant person takes part in an interview; or
c
a relevant decision has been made in relation to that relevant person in accordance with regulation 9(4),
that relevant person shall be treated for the purposes of entitlement to a specified benefit as having complied with that requirement.
Exemptions
8
A relevant person, who on the day on which the requirement to take part in an interview under regulation 4(1) arises or applies is treated as incapable of work in accordance with the provisions of regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work), shall be exempt from the requirement to take part in any interview under regulation 4(1).
Taking part in an interview
9
1
The officer shall determine whether a relevant person has taken part in an interview.
2
A relevant person shall be regarded as having taken part in an interview referred to in regulation 3 if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer in relation to the relevant person’s employability, including any action the relevant person and the officer agree is reasonable and they are willing to take in order to help the relevant person enhance his employment prospects;
c
he provides answers (where asked) to questions and appropriate information about —
i
details of and the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
his aspirations for future employment;
iv
any vocational training he has undertaken;
v
any skills he has acquired which fit him for employment;
vi
any vocational training or skills which he wishes to undertake or acquire;
vii
any paid or unpaid employment he is engaged in;
viii
the extent to which his medical condition, in his opinion, restricts his ability to obtain or puts him at a disadvantage in obtaining employment;
ix
his work related abilities; and
x
any caring or childcare responsibilities he has; and
d
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b) above.
3
A relevant person shall be regarded as having taken part in any one of the interviews referred to in regulation 4 if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer —
i
in relation to the relevant person’s employability or any progress he might have made towards obtaining employment;
ii
about any action the relevant person or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b) above;
iii
about how, if at all, the action plan referred to in paragraph (2)(d) above should be amended; and
iv
in order to consider any of the programmes and support available to help the relevant person obtain employment;
c
he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following his personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to obtain employment; and
d
he assists the officer in the completion of any amendment of the action plan referred to in paragraph (2)(d) above in light of the matters discussed in relation to sub-paragraph (b) above and the information provided in relation to sub-paragraph (c) above.
4
Where an officer determines that a relevant person has failed to take part in an interview and good cause has not been shown for that failure within five working days of the day on which the interview was to take place, a relevant decision shall be made for the purposes of section 2B of the Social Security Administration Act 1992.
Failure to take part in an interview
10
1
A relevant person in respect of whom a relevant decision has been made in accordance with regulation 9(4) shall, subject to paragraph (12) below, suffer the consequences specified in paragraph (2) below.
2
The consequences specified in this paragraph are, subject to paragraphs (3) and (4) below, that the relevant person’s benefit shall be reduced as from the first day of the next benefit week following the day a relevant decision was made, by a sum equal to 20 per cent. of the amount applicable on the date the first reduction commences in respect of a single claimant for income support aged not less than 25.
3
Benefit reduced in accordance with paragraph (2) above shall not be reduced below ten pence per week.
4
Where two or more specified benefits are in payment to a relevant person, a reduction made in accordance with paragraph (2) above shall be applied, except in a case to which paragraph (5) below applies, to the specified benefits in the following order of priority —
a
income support;
b
incapacity benefit;
c
severe disablement allowance.
5
Where the amount of the reduction is greater than some, but not all, of the specified benefits listed in paragraph (4) above, the reduction shall be made against the first benefit in that list which is the same as, or greater than, the amount of the reduction.
6
For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (5) above, ten pence shall be added to the amount of the reduction.
7
In a case where the whole of the reduction cannot be applied against any one specified benefit because the amount of no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities in paragraph (4) above and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to ten pence remaining in payment.
8
Where the rate of any specified benefit payable to a relevant person changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that relevant person following the change.
9
Paragraph (1) above shall apply to a relevant person each time a relevant decision is made in accordance with regulation 9(4) in respect of him.
10
Where a relevant person whose benefit has been reduced in accordance with paragraph (2) above subsequently takes part in an interview, the whole of the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in an interview was met.
11
For the purposes of determining the amount of any benefit payable, a relevant person shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with paragraph (2) above.
12
The consequences specified in paragraph (2) above shall not apply to a person who —
a
brings new facts to the notice of the Secretary of State within one month of the date on which a relevant decision was notified to him and —
i
those facts could not reasonably have been brought to the Secretary of State’s notice within five working days of the day on which the interview was to take place; and
ii
those facts show that he had good cause for his failure to take part in the interview;
b
is no longer required to take part in an interview as a condition for continuing to be entitled to the full amount of the specified benefit which is payable to him apart from these Regulations; or
c
attains the age of 60.
Good cause
11
Matters to be taken into account in determining whether a relevant person has shown good cause for his failure to take part in an interview include —
a
that the relevant person misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the relevant person or any misleading information given to the relevant person by the officer;
b
that the relevant person was attending a medical or dental appointment, or accompanying a person for whom the relevant person has caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment;
c
that the relevant person had difficulties with his normal mode of transport and that no reasonable alternative was available;
d
that the established customs and practices of the religion to which the relevant person belongs prevented him from attending on the day or at the time fixed for the interview;
e
that the relevant person was attending an interview with an employer with a view to obtaining employment;
f
that the relevant person was pursuing employment opportunities as a self-employed earner;
g
that the relevant person or a dependant of his or a person for whom he provides care suffered an accident, sudden illness or relapse of a physical or mental health condition;
h
that the relevant person was attending the funeral of a relative or close friend on the day fixed for the interview;
i
that a disability from which the relevant person suffers made it impossible for him to attend at the time fixed for the interview.
Appeals
12
1
This regulation applies to any relevant decision under regulation 9(4) or any decision made under section 10 of the Social Security Act 1998 (decisions superseding earlier decisions) superseding such a relevant decision.
2
This regulation applies whether the decision is as originally made or as revised under section 9 of the Social Security Act 1998 (revision of decisions).
3
In the case of a decision to which this regulation applies, the relevant person in respect of whom the decision was made shall have a right of appeal under section 12 of the Social Security Act 1998 (appeal to appeal tribunal) to an appeal tribunal.
Amendment of the Income Support (General) Regulations 1987
13
In the Income Support (General) Regulations 1987 —
a
after paragraph 77 of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
78
Any payment made to a claimant’s partner in respect of the partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State).
; and
b
after paragraph 69 of Schedule 10 (capital to be disregarded) there shall be added the following paragraph —
70
Any payment made to a claimant’s partner in respect of the partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
.
Amendment of the Housing Benefit (General) Regulations 1987
14
In the Housing Benefit (General) Regulations 1987 —
a
after paragraph 76 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
77
Any payment made to a claimant or his partner in respect of the claimant’s or, as the case may be, his partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
; and
b
after paragraph 71 of Schedule 5 (capital to be disregarded) there shall be added the following paragraph —
72
Any payment made to a claimant or his partner in respect of the claimant’s or, as the case may be, his partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
15
In the Council Tax Benefit (General) Regulations 1992 —
a
after paragraph 75 of Schedule 4 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
76
Any payment made to a claimant or his partner in respect of the claimant’s or, as the case may be, his partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
; and
b
after paragraph 71 of Schedule 5 (capital to be disregarded) there shall be added the following paragraph —
72
Any payment made to a claimant or his partner in respect of the claimant’s or, as the case may be, his partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
16
In the Jobseeker’s Allowance Regulations 1996 —
a
after paragraph 73 of Schedule 7 (sums to be disregarded in the calculation of income other than earnings) there shall be added the following paragraph —
74
Any payment made to a claimant’s partner in respect of the partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
; and
b
after paragraph 62 of Schedule 8 (capital to be disregarded) there shall be added the following paragraph —
63
Any payment made to a claimant’s partner in respect of the partner’s participation in the Return to Work Credit Scheme pursuant to section 2 of the Employment and Training Act 1973.
.
Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002
17
At the end of regulation 8 of the Social Security (Jobcentre Plus Interviews) Regulations 2002 (exemptions) there shall be added the following paragraph —
3
A person who, on the day on which the claim for a specified benefit is made or the requirement to take part in an interview under regulation 4 or 7(2) arises or applies is —
a
required to take part in an interview; or
b
not required to take part in an interview by virtue of —
i
a waiver of a requirement; or
ii
a deferment of an interview,
under the Social Security (Incapacity Benefit Work-focused Interviews) Regulations 2003 shall be exempt from the requirement to take part in an interview.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
20th September 2003


text:
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 5) Order 2003.
2
The following provisions of the Police Reform Act 2002 shall come into force on 15th November 2003 —
a
section 24 (consultation on regulations) to the extent not already in force;
b
section 87 (police members of NCS ) to the extent not already in force;
c
section 91 (supplementary provisions about police membership of NCS) to the extent not already in force; and
d
paragraph 1(2)(a) of Schedule 4.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No.3) Order 2003 and shall come into force on 8th September 2003.
Designation as a public body
2
Each of the following bodies, being a person appearing to the Secretary of State to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970, in its application to England :
Doncaster Dome Leisure Trust
Wigan Leisure and Culture Trust
Trafford Community Leisure Trust
Restrictions on agreements — Doncaster Dome Leisure Trust
3
Agreements which may be entered into by Doncaster Dome Leisure Trust, by virtue of this Order, shall be subject to the following restrictions —
a
that any such agreements are for the supply of property management or grounds maintenance services by Doncaster Metropolitan Borough Council; and
b
that any such agreements are made in connection with the provision of services in the area of Doncaster Metropolitan Borough Council.
Restrictions on agreements — Wigan Leisure and Culture Trust
4
Agreements which may be entered into by Wigan Leisure and Culture Trust, by virtue of this Order, shall be subject to the following restrictions —
a
that any such agreements are for the supply of general administrative, security, financial, legal, transport, vehicle repairs and maintenance, vehicle hire, payroll, information communication technology, property management, building, procurement, personnel or performance review services by Wigan Metropolitan Borough Council; and
b
that any such agreements are made in connection with the provision of services in the area of Wigan Metropolitan Borough Council.
Restrictions on agreements — Trafford Community Leisure Trust
5
Agreements which may be entered into by Trafford Community Leisure Trust, by virtue of this Order, shall be subject to the following restrictions —
a
that any such agreements are for the supply of payroll, revenue collection, information technology, legal, grounds maintenance, personnel, procurement, property management or building services by Trafford Metropolitan Borough Council; and
b
that any such agreements are made in connection with the provision of services in the area of Trafford Metropolitan Borough Council.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
7th August 2003


text:
Citation and commencement
1
This Order may be cited as the Firearms (Removal to Northern Ireland) (Revocation) Order 2003 and shall come into force on 1st January 2004.
Revocation
2
The Firearms (Removal to Northern Ireland) Order 1990 is hereby revoked.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
8th December 2003


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Magistrates' Courts (Forfeiture of Political Donations) Rules 2003 and shall come into force on 24th July 2003.
2
In these Rules —
a
a reference to a section by number alone or reference to a schedule by number alone is a reference to the section so numbered or schedule so numbered respectively in the Political Parties, Elections and Referendums Act 2000;
b
any reference to a form is a reference to a form set out in the Schedule to these Rules or a form to like effect.
c
“applicant” means the Commission.
d
“forfeiture order” means an order pursuant to section 58(2) and includes orders made under section 58(2) as applied by —
i
paragraph 8 of Schedule 7;
ii
paragraph 7 of Schedule 11;
iii
paragraph 7 of Schedule 15; and
iv
paragraph 7 of Schedule 2A to the Representation of the People Act 1983 ; or
v
an order made under section 65(6); or
vi
an order made under paragraph 12(4) of Schedule 7.
e
“respondent” means the registered party, regulated donee, recognised third party, permitted participant or candidate or election agent (as appropriate) respectively, against whom a forfeiture order is sought.
f
“relevant petty sessions area” means the petty sessions area within which the Commission’s principal office is situated.
Application for forfeiture
2
1
An application for a forfeiture order shall be in Form A, A1, A2, A3, A4, B, or B1 as appropriate, and shall be addressed to the justices' chief executive for the relevant petty sessions area.
2
The justices' clerk shall, as soon as reasonably practicable, fix a date for the hearing, give notice in writing to the applicant of it and give notice in writing to the respondent of the application and of the date, time and place fixed for the hearing.
Transfer
3
1
The court may, of its own initiative or on the application of any party to the proceedings, order that the hearing be transferred to the court of another petty sessions area having regard to —
a
whether it would be more convenient or fair for the hearing to be held in some other court;
b
the importance of the outcome of the hearing to the public in general;
c
the facilities available at the court where the application for a forfeiture order was lodged and whether they may be inadequate because of —
i
any disability of any party to the proceedings or representative of any such party (as appropriate) or any potential witness;
ii
press and public interest;
d
any other matters that may affect the just disposal of the hearing.
2
If the court makes an order under paragraph (1) the justices' chief executive shall give notice to the parties to the proceedings.
3
Any order of the court made before the transfer of proceedings shall not be affected by the order for transfer.
Joinder
4
1
The court may order that any person who is not already a party to the proceedings (“the joined party”) be made one, if it thinks it is desirable to do so.
2
The court may make an order under paragraph (1), on the application of an existing party to the proceedings, or otherwise, including of its own initiative.
3
If the court makes an order under paragraph (1) the justices' chief executive shall give notice to the parties to the proceedings.
4
The court may give such further directions as to the joinder of the joined party as it thinks fit.
5
If the court makes an order under paragraph (4) the justices' chief executive shall give notice to the other parties to the proceedings.
Procedure at hearing
5
1
Any person —
a
to whom notice of the application has been given; or
b
who has been joined as a party to the proceedings under rule 4;
may attend and be heard on the question of whether a forfeiture order should be made.
2
If any person referred to in paragraph (1) fails to attend or to be represented at the hearing of which he has been duly notified the court may unless it is satisfied that there is good and sufficient reason for such absence —
a
hear and determine the proceedings in the absence of the party to the proceedings or his representative, or
b
postpone or adjourn the hearing.
3
Before deciding to hear and determine any proceedings in the absence of a party to the proceedings or his representative, the court shall —
a
consider any representations in writing; or
b
otherwise submitted by or on behalf of that party in response to the notice of the hearing; and
c
shall give any party to the proceedings present at the hearing an opportunity to be heard in regard to those representations.
4
The justices' chief executive shall, as soon as reasonably practicable after the hearing, send a copy of any order made at the hearing to any person referred to in paragraph (1) who has failed to attend or to be represented at the hearing.
5
Subject to the foregoing provisions of these Rules —
a
proceedings on an application for a forfeiture order shall be regulated in the same manner as proceedings on complaint; and
b
accordingly, for the purpose of this rule —
i
the application shall be deemed to be a complaint;
ii
the applicant to be the complainant;
iii
the respondent to be the defendant; and
iv
any notice given under rule 2(2) of these Rules to be a summons;
but nothing in this rule shall be construed as enabling a warrant of arrest to be issued for failure to appear in answer to any such notice.
Falconer of Thoroton, C
22nd June 2003


text:
1
This Order may be cited as the Finance Act 2003, Part 3, (Appointed Day) Order 2003.
2
The day appointed for the purposes of Part 3 of the Finance Act 2003 is 27 November 2003.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
19th November 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Professions (Transitional) Order of Council 2003 and shall come into force on 9th July 2003.
2
In this Order —
“ the Act ” means the Professions Supplementary to Medicine Act 1960 ;
“ the Order ” means the Health Professions Order 2001;
“case relating to conduct” means any case in which, under the Act, a person would be, or would have been, liable to have his name removed from the register because of infamous conduct;
“case relating to conviction” means any case in which, under the Act, a person would be, or would have been, liable to have his name removed from the register because he has been convicted of a criminal offence;
“case relating to fraudulent entry” means any case in which, under the Act, a person would be, or would have been, liable to have his name removed from the register because his name has been fraudulently entered on the register;
“disciplinary committee” has the same meaning as in section 8(1)(b) of the Act;
“notice of inquiry” means a notice of inquiry as referred to in rule 4 or rule 13 of the Procedure Rules ;
“preliminary investigation” has the same meaning as in section 8(1)(a) of the Act;
“the Procedure Rules” means the Professions Supplementary to Medicine (Disciplinary Committees) (Procedure) Rules Order of Council 1964 ; and
“respondent” means a person who is the subject of an allegation in a case relating to conduct, conviction or fraudulent entry.
3
For the purposes of this Order, the Act and relevant rules made under the Act (including the Procedure Rules) shall apply as they were in force on 31st March 2002, except that, where necessary, references in the Act or the rules to the CPSM, the boards or their committees are to be treated as references to the Council.
Fitness to practise
2
1
Any allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003 and which at 9th July 2003 has —
a
not been referred for a preliminary investigation pursuant to paragraph 17 of Schedule 2 to the Order; or
b
has been so referred but in respect of which that preliminary investigation has not begun,
shall be dealt with in accordance with Part V and article 38 of the Order.
2
For these purposes, a case relating to —
a
conduct shall be treated as if it were an allegation referred to in article 22(1)(a)(i) of the Order;
b
conviction shall be treated as if it were an allegation referred to in article 22(1)(a)(iii) of the Order; and
c
fraudulent entry shall be treated as if it were an allegation referred to in article 22(1)(b) of the Order,
unless in the opinion of the Council, it is more appropriate to treat the case as an allegation referred to in another paragraph or sub-paragraph of article 22(1) of the Order.
3
Where at 9th July 2003 in respect of an allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003 a preliminary investigation has begun but has not yet been concluded, it shall be concluded in accordance with section 8(1)(a) of the Act and any relevant rules made under the Act as if they remained in force, and —
a
if it is determined that the allegation should be referred for consideration, the Council shall refer the allegation to the Investigating Committee or such other Practice Committee as it considers appropriate and it shall be dealt with in accordance with Part V and article 38 of the Order in the manner set out in article 2(2) above; or
b
if it is determined that the allegation should not be so referred, the Council shall inform the respondent of that determination.
4
1
Where at 9th July 2003 in respect of an allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003 the preliminary investigation has been concluded and it has been determined that the allegation should be referred for consideration but —
a
it has not yet been so referred; or
b
it has been so referred but a notice of inquiry has not yet been served,
the Council shall refer the allegation to the Investigating Committee or such other Practice Committee as it considers appropriate and it shall be dealt with in accordance with Part V and article 38 of the Order in the manner set out in article 2(2) above.
5
1
Where at 9th July 2003 in respect of an allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003 the allegation has been referred for consideration and a notice of inquiry (or, where necessary under rule 5 of the Procedure Rules, an amended notice of inquiry) has been served on the respondent, subject to paragraph (2) and articles 8 and 9, the Council shall deal with it in accordance with sections 8(1)(b) and 9 of the Act and relevant rules made under the Act as if they remained in force.
2
If —
a
a notice of inquiry has been served on the respondent;
b
the inquiry has not yet begun; and
c
the respondent agrees,
the Council shall refer the allegation to the Investigating Committee or such other Practice Committee as it considers appropriate and it shall be dealt with in accordance with Part V and article 38 of the Order in the manner set out in article 2(2) above.
Appeals
6
1
Where, in respect of an allegation which is received by the Council on or after 1st April 2002 but before 9th July 2003, a direction is made before, on or after 9th July 2003 in accordance with section 9(1) of the Act that the name of the respondent be removed from the register, and no appeal has been made before 9th July 2003, the respondent may appeal in accordance with section 9(3) of the Act as if it remained in force.
2
Where after 8th July 2003 but within the period referred to in rule 6 of the Professions Supplementary to Medicine (Registration (Appeals) Rules) Order of Council 1962 and in the manner set out in that rule the Council receives an appeal against —
a
a refusal of an application for registration given before 9th July 2003; or
b
a failure either to grant or refuse such an application,
as referred to in section 3(3) of the Act, the Council shall forthwith refer the matter to a county court or, in Scotland, the sheriff, and that court or sheriff shall deal with the appeal as if it were an appeal under article 38(1)(b) of the Order.
Proceedings pending at 1st April 2002
7
Any proceedings referred to the Council pursuant to paragraph 17(1)(a) of Schedule 2 to the Order shall be treated as an allegation which has been received by the Council on or after 1st April 2002 but before 9th July 2003 and the appropriate provisions in this Order shall apply.
Postponing judgments
8
Where the Council deals with a case relating to conduct or conviction in accordance with the Act and makes a finding as referred to in rule 10(1) or (2) of the Procedure Rules it —
a
may not after 8th July 2003 postpone judgment pursuant to rule 10(3) of the Procedure Rules; and
b
if, but for paragraph (a), the Council would have postponed judgment, it shall, having invited the parties to address it on any relevant matter, act in accordance with article 29(4) or (5) of the Order, and —
i
thereafter Part V and article 38 of the Order will apply to the decision or order of the Council as if it were a decision or order of a Committee under article 29(4) or (5) of the Order,
ii
for these purposes, Part V and article 38 of the Order shall apply as if references to a Practice Committee (however made), except in article 38(3)(d) of the Order, were references to the Council, and
iii
in article 38(3)(d) the reference to the “Practice Committee concerned” shall be read as if it were to “such Practice Committee as the court or sheriff considers appropriate”.
Judgments which immediately before 9th July 2003 stand postponed
9
1
Where immediately before 9th July 2003 the judgment of a disciplinary committee, or of the Council, stands postponed pursuant to rule 10(4), or further postponed pursuant to rule 12(1)(d), of the Procedure Rules, the Council shall no later than 9th July 2004 or six weeks before the date fixed for resumption of the proceedings, whichever is sooner, send to the respondent a notice which shall —
a
specify the day, time and place at which the proceedings are to be resumed and invite him to appear at the hearing;
b
unless the Chairman otherwise directs, invite the respondent to furnish the Registrar with names and addresses of persons to whom reference may be made confidentially or otherwise concerning his character and conduct; and
c
invite the respondent to send to the Council, not less than three weeks before the date fixed for the resumption of proceedings, a copy of any statement or statutory declaration, whether made by the respondent or not, relating to his conduct or other relevant matters since the hearing of his case or setting out any material facts which have arisen since that hearing.
2
A copy of —
a
the notice sent by the Council in accordance with paragraph (1); and
b
any statement or statutory declaration sent to the Council by the respondent as a result of the invitation pursuant to paragraph (1)(c),
shall be sent to the person making the allegation that led to the case if any, if he is a party to the proceedings, and he may in turn, if he so desires, send to the Council a statement or statutory declaration, whether made by himself or not, concerning any matter raised by the respondent.
3
At the meeting at which the proceedings are resumed the Chairman shall first invite the Solicitor to recall, for the information of the Council, the position in which the case stands and the Council may then receive further oral or documentary evidence in relation to the case, or to the conduct of the respondent since the hearing, and shall hear any party to the proceedings who desires to be heard.
4
The Council shall then consider the case and —
a
may not further postpone judgment pursuant to rule 12(1)(d); and
b
if but for paragraph (a) the Council would have further postponed judgment, it shall act in accordance with article 29(4) or (5) of the Order, and —
i
thereafter Part V and article 38 of the Order will apply to the decision or order of the Council as if it were a decision or order of a Committee under article 29(4) or (5) of the Order,
ii
for these purposes, Part V and article 38 of the Order shall apply as if references to a Practice Committee (however made), except in article 38(3)(d) of the Order, were references to the Council, and
iii
in article 38(3)(d) the reference to the “Practice Committee concerned” shall be read as if it were to “such Practice Committee as the court or sheriff considers appropriate”.
5
Subject to the provisions of the Order, the validity of any resumed proceedings shall not be called into question by reason only that members of the Committee who were present at any former meeting are not present at the resumed meeting held by the Council.
6
In this article —
“Chairman” means the person selected by the Council to preside at the resumed proceedings;
“Solicitor” means any solicitor appointed by the Council to present the case against the respondent;
“Party” means —
the respondent; or
the person making the allegation provided that he shall not be deemed to be a party if he takes part in the proceedings only as a witness.
Restoration to the register
10
1
Where a person whose name has been removed from a register maintained in accordance with the Act in pursuance of —
a
a direction by a disciplinary committee; or
b
by the Council pursuant to —
i
paragraph 17 of Schedule 2 to the Order, or
ii
article 5(1) of this Order,
applies on or after 9th July 2003 to be included in the register, paragraph (2) shall apply.
2
The application shall —
a
not be considered if made before any period specified in the direction as mentioned in section 9(5) has expired;
b
be construed, where necessary, as an application to be registered in the part of the register corresponding to his profession;
c
be made to the Council and referred by it to the Practice Committee it considers appropriate; and
d
be dealt with in accordance with article 33 of the Order.
11
1
Where a person whose name has been removed from a register maintained in accordance with the Act has applied before 9th July 2003 to be registered again pursuant to section 9(5) of the Act but at 9th July 2003 a decision has not been made on the application, the application shall, subject to paragraph (2), be dealt with as set out in article 10 as if it was received on or after 9th July 2003.
2
Where in connection with an application mentioned in paragraph (1) the Council —
a
has sought evidence under rule 14 of the Procedure Rules or has received evidence under rule 16 of those Rules;
b
has arranged an oral hearing in accordance with rule 14 of those Rules; or
c
has begun its consideration of the application,
it shall continue to deal with the application and shall make its decision in accordance with the Procedure Rules as if they were still in force or in such manner as it considers just.
Reconsideration of cases
12
Where, as a result of this Order or paragraph 17 of Schedule 2 to the Order, a case has been disposed of under the Act or relevant rules made under the Act, any further consideration of that case as a consequence of a decision on an appeal made before, on or after 9th July 2003, shall, subject to any order of the court (which shall for these purposes include Her Majesty in Council and the Judicial Committee of the Privy Council), be dealt with as if the case had been disposed of under the corresponding provisions of the Order.
A.K. Galloway
Clerk of the Privy Council


text:
Title, commencement and extent
1
These Regulations may be cited as the Products of Animal Origin (Third Country Imports) (England) (Amendment) Regulations 2003; they extend to England and come into force on 11th April 2003.
Amendments to the Products of Animal Origin (Third Country Imports) (England) Regulations 2002
2
The Products of Animal Origin (Third Country Imports) (England) Regulations 2002 shall be amended in accordance with these Regulations.
Amendments to regulation 2
3
1
Regulation 2(1) shall be amended in accordance with this regulation.
2
After the definition of “the Customs Code” there shall be inserted —
“customs officer” means an officer as defined in section 1(1) of the Customs and Excise Management Act 1979 (a person commissioned by the Commissioners);
.
3
After the definition of “physical check” there shall be inserted —
“point of entry” means any place where goods are subject to customs supervision under Articles 37 and 38 of the Customs Code, other than a border inspection post;
.
Amendment to regulation 4
4
The words “subject to regulation 16,” shall be inserted at the beginning of regulation 4(c).
Insertion of regulation 12A
5
After regulation 12, the following regulation shall be inserted —
Exchange of Information
12A
1
For the purposes of the execution or enforcement of these Regulations, the Secretary of State, the Commissioners, any local authority and the Agency may exchange amongst themselves any information received by them in the execution or enforcement of these Regulations.
2
The Secretary of State, the Commissioners, any local authority and the Agency may share information received by them in the execution or enforcement of these Regulations with the enforcement agencies in Wales, Northern Ireland and Scotland for the purposes of the enforcement of the legislation on the introduction of products of animal origin from third countries in Wales, Northern Ireland and Scotland respectively.
3
Paragraphs (1) and (2) are without prejudice to any other power of the Secretary of State, the Commissioners, any local authority and the Agency to disclose information.
.
Amendment to regulation 13
6
In regulation 13(1)(b) for the words “or the Annex to Commission Decision 2001/812/ EC ”, there shall be substituted “or in Commission Decision 2001/812/EC ”.
Substitution of regulation 16
7
For regulation 16 there shall be substituted the following regulation —
Prohibition of introduction of products except at border inspection posts
16
1
No product shall be introduced into England from a third country except at a border inspection post designated and approved for veterinary checks on that product.
2
No Article 9 product, the border inspection post of introduction of which is outside the United Kingdom, and the border inspection post of destination of which is in England, shall be introduced into England except at a border inspection post designated and approved for veterinary checks on that product.
3
This regulation shall be enforced —
a
at points of entry by the Commissioners;
b
at premises referred to in regulation 4(b) by the Agency; and
c
at any other place by the local authority.
4
In cases where an officer of a local authority, when exercising any statutory function, discovers at a point of entry a consignment or product which he considers may have been introduced in breach of this regulation, he shall notify a customs officer and detain the consignment or product until a customs officer takes charge of it.
5
For the purposes of the application of the Customs and Excise Management Act 1979 to products introduced in contravention of this regulation, the time of introduction shall be the time of importation in accordance with section 5 of that Act.
.
Amendments to regulation 28
8
1
For paragraph (1) of regulation 28, there shall be substituted the following paragraph —
1
The person responsible for the product or consignment concerned or, where a notice has been served on the person appearing to have charge of the product or consignment, the owner of the product or consignment, or the person on whom a notification of seizure pursuant to the Customs and Excise Management Act 1979 has been served, shall pay on demand the costs of storing, transporting, redispatching, disposing of and destroying any product or consignment redispatched or destroyed pursuant to regulation 21, 24, 25 or 26, or any powers exercised under the Customs and Excise Management Act 1979 in the enforcement of regulation 16.
.
2
In regulation 28(2) for the words “an official veterinary surgeon, an authorised officer, the Secretary of State, a local authority or the Agency”, there shall be substituted “an official veterinary surgeon, an authorised officer, the Secretary of State, a local authority, the Agency or the Commissioners”.
Amendment to Part I of Schedule 6
9
In Part I of Schedule 6 for the words “16 (Introduction of products at border inspection posts)” there shall be substituted “16 (Prohibition of introduction of products except at border inspection posts)”.
Whitty
Parliamentary Under Secretary of StateDepartment for Environment Food and Rural Affairs
20th March 2003


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration Employment Document (Fees) Regulations 2003.
2
These Regulations shall come into force on 1st April 2003.
3
In these Regulations:
“application” means an application for an immigration employment document;
“excepted country” means a country listed in the Schedule to these Regulations;
“Highly Skilled Migrant Programme” means a programme operated by the Secretary of State for highly skilled migrants under the immigration rules; and
“school teacher” has the meaning given by section 5 of the School Teachers’ Pay and Conditions Act 1991 .
Payment of a fee
4
An application shall, subject to regulations 5 and 6, be accompanied by a fee of £95.
Exceptions
5
An application need not be accompanied by a fee if it is made in respect of:
a
a citizen or national of an excepted country;
b
a person seeking to enter, or remain, in the United Kingdom under the Highly Skilled Migrant Programme; or
c
a person seeking to enter, or remain, in the United Kingdom as a seasonal agricultural worker under the immigration rules.
Provision in respect of school teachers in England
6
An application that is not excepted by regulation 5(a) and which is made in respect of a person seeking to enter, or remain, in the United Kingdom as a school teacher employed in England need not be accompanied by a fee but shall be subject to the special payment arrangement referred to in regulation 7.
Special payment arrangement
7
Payment of a fee in respect of an application referred to in regulation 6 shall be made in accordance with an arrangement entered into for this purpose between the Secretary of State for the Home Department and the Secretary of State for the Department for Education and Skills.
Beverley Hughes
Minister of State
Home Office
6th March 2003


text:
1
This Order may be cited as the A3 Trunk Road (Thursley Junction Slip Roads) Order 2003 and shall come into force on 3rd February 2003.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk roads” means the slip roads;
ii
“the plan” means the plan numbered HA10/OD/331, marked “The A3 Trunk Road (Thursley Junction Slip Roads) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in the Schedule to this Order and which connect the trunk road with other proposed highways at the places stated in that Schedule; and
iv
“the trunk road” means the A3 London to Portsmouth Trunk Road.
3
The slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
Divisional Director Highways Agency
21st January 2003


text:
Citation, commencement, interpretation and application
1
These Regulations may be cited as the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2003 and shall come into force on 1 st September 2003.
2
In these Regulations, “the 2000 Regulations ” means the Education (Grants for Disabled Postgraduate Students) Regulations 2000 .
3
The 2000 Regulations shall be amended in accordance with regulations 5 and 6.
4
These Regulations shall not have effect in relation to an academic year (as defined in regulation 2(6) of the 2000 Regulations) which begins before 1 st September 2003.
Amendment of the 2000 Regulations
5
1
Regulation 3 shall be amended as follows.
2
In sub-paragraph (i) of paragraph (2)(a), there shall be omitted the words “the amount of which is not calculated by reference to his income”.
3
After sub-paragraph (iv) in paragraph (2)(a), there shall be added –
v
any allowance, bursary or award made by the General Social Care Council under section 67(4)(a) of the Care Standards Act 2000 which includes payment for meeting additional expenditure incurred by the student by reason of his disability; or
.
6
1
Regulation 9 shall be amended as follows.
2
In paragraph (2) for “£5,245” there shall be substituted “£5,370”.
Alan Johnson
Minister of State
Department for Education and Skills
16 th June 2003


text:
1
This Order may be cited as The A19 Trunk Road (Rawcliffe Roundabout to City Boundary) (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/354, marked “The A19 Trunk Road (Rawcliffe Roundabout to City Boundary) (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 TN31 7EA;
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 East of Snaith to Sunderland Trunk Road (A19).
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, Local Government and the Regions
K A Lasbury
A Divisional Director, Highways Agency
12th March 2003


text:
Citation and commencement
1
This Order may be cited as the National Crime Squad (Senior Police Members) (Appeals) (Revocation) Order 2003 and shall come into force on 15th November 2003.
Revocation and transitional provisions
2
1
Subject to the following provisions of this article, the National Crime Squad (Senior Police Members) (Appeals) Order 1998 is hereby revoked.
2
In relation to an appeal against a decision made in accordance with the National Crime Squad (Discipline) (Senior Police Members) Regulations 1998 —
a
nothing in the Police Appeals Tribunals Rules 1999 shall apply, and
b
the National Crime Squad (Senior Police Members) (Appeals) Order 1998 shall continue to have effect.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Improved Access, Quality Information Preparation and Violent Patients Schemes) (England) Regulations 2003 and shall come into force on 1st December 2003.
2
These Regulations apply in relation to England only.
3
In these Regulations —
“the 1977 Act ” means the National Health Service Act 1977;
“general practitioner” means a medical practitioner whose name is included in —
the medical list of a Primary Care Trust;
a supplementary list prepared under section 43D of the 1977 Act (supplementary lists) of persons approved by a Primary Care Trust for the purposes of assisting in the provision of general medical services; or
a services list prepared under regulation 3 of the National Health Service (Personal Medical Services) (Services List) and the (General Medical Services Supplementary List) and the (General Medical Services) Amendment Regulations 2003 ;
“ GMS practice” means a practice whose members perform general medical services and which comprises —
a single medical practitioner who is on the medical list of a Primary Care Trust and who practises other than in partnership with other medical practitioners; or
two or more medical practitioners, each of whom is on the medical list of a Primary Care Trust, who practise in partnership with each other;
“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ; and
“PMS practice” means a provider of personal medical services other than a Primary Care Trust.
Additional functions of Primary Care Trusts in relation to general medical services
2
For the purposes of section 15(1)(b) of the 1977 Act (which, as respects England, relates to the duties of Primary Care Trusts in relation to family health services), the following are prescribed functions of each Primary Care Trust, that is to say the establishment, operation and, as appropriate, revision of the following schemes for their area —
a
an Improved Access Scheme, the underlying purpose of which is to ensure that all patients in their area who are registered with a member of a GMS practice will, on request, be able to see face-to-face, by the end of —
i
the first normal working day after the day on which the request was made, a health care professional who works with a general practitioner, and
ii
the second normal working day after the day on which the request was made, a general practitioner;
b
a Quality Information Preparation Scheme, the underlying purpose of which is to summarise and improve the quality of medical records held by GMS practices in their area; and
c
a Violent Patients Scheme, the underlying purpose of which is to ensure that there are sufficient arrangements in place to provide general medical services to patients that have been subject to immediate removal from a patient list of a GMS practice in their area because of an act or threat of violence.
Additional functions of Strategic Health Authorities in relation to personal medical services
3
For the purposes of section 15(1ZA) of the 1977 Act (which, as respects England, relates to the duties of Strategic Health Authorities in relation to family health services), the following are prescribed functions of each Strategic Health Authority, that is to say the establishment, operation and, as appropriate, revision of the following schemes for their area —
a
an Improved Access Scheme, the underlying purpose of which is to ensure that all patients in their area who are registered with a PMS practice or a member of a PMS practice will, on request, be able to see face-to-face, by the end of —
i
the first normal working day after the day on which the request was made, a health care professional who works with a general practitioner, and
ii
the second normal working day after the day on which the request was made, a general practitioner;
b
a Quality Information Preparation Scheme, the underlying purpose of which is to summarise and improve the quality of medical records held by PMS practices in their area; and
c
a Violent Patients Scheme, the underlying purpose of which is to ensure that there are sufficient arrangements in place to provide personal medical services to patients who have been subject to immediate removal from a patient list of a PMS practice in their area because of an act or threat of violence.
Distribution of functions of Strategic Health Authorities to Primary Care Trusts
4
The Secretary of State hereby directs Strategic Health Authorities that —
a
the functions prescribed for them under regulation 3 above are to be exercisable by Primary Care Trusts; and
b
they are to direct Primary Care Trusts any part of whose area falls within their area to exercise those functions.
Single schemes in respect of GMS and PMS practices
5
Where a Primary Care Trust has a duty to establish —
a
Improved Access Schemes in respect of both GMS and PMS practices, the Secretary of State hereby directs the Primary Care Trust to establish, operate and revise the Schemes as a single scheme;
b
Quality Information Preparation Schemes in respect of both GMS and PMS practices, the Secretary of State hereby directs the Primary Care Trust to establish, operate and revise the Schemes as a single scheme; and
c
Violent Patients Schemes in respect of both GMS and PMS practices, the Secretary of State hereby directs the Primary Care Trust to establish, operate and revise the Schemes as a single scheme.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
6th November 2003