text:
PART 1
General
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit) (Abolition of Benefit Periods) Amendment Regulations 2003 and shall come into force —
a
for the purposes of Parts 1 and 3, on 16th June 2003; and
b
for all other purposes on 6th October 2003 immediately after the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 .
2
In these Regulations —
“ the Act ” means the Child Support, Pensions and Social Security Act 2000 ;
“appropriate relevant authority” has the same meaning as in paragraph 4 of Schedule 7 to the Act;
“benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations and regulation 57 of the Council Tax Benefit Regulations as in force immediately before 6th October 2003;
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992 ;
“Housing Act functions” has the same meaning as in section 136(1) of the Social Security Administration Act 1992 ;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 ) —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man; and
“state pension credit” means state pension credit under the State Pension Credit Act 2002.
PART 2
Amendment of Housing Benefit Regulations and Council Tax Benefit Regulations
Housing Benefit Regulations and Council Tax Benefit Regulations
2
1
The Housing Benefit Regulations and Council Tax Benefit Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit, subject to the modifications or amendments set out in this Part of these Regulations.
2
This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations or the Council Tax Benefit Regulations , as the case may be.
Continuing payments where state pension credit claimed
3
1
In regulation 62B (continuing payments where state pension credit claimed) of the Housing Benefit Regulations —
a
in paragraph (3) for “In” there shall be substituted “Subject to paragraph (3A), in”;
b
after paragraph (3), there shall be inserted —
3A
Where housing benefit is paid for the period of 4 weeks in accordance with paragraph (3) above, and the last day of that period falls on a day other than the last day of a benefit week, then housing benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.
; and
c
in paragraph (4) after the words “in paragraph (3)” there shall be inserted “and any further period specified in paragraph (3A)”.
2
In regulation 53B (continuing payments where state pension credit claimed) of the Council Tax Benefit Regulations —
a
in paragraph (3) for “In” there shall be substituted “Subject to paragraph (3A), in”;
b
after paragraph (3), there shall be inserted —
3A
Where council tax benefit is paid for the period of 4 weeks in accordance with paragraph (3) above, and the last day of that period falls on a day other than the last day of a benefit week, then council tax benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.
; and
c
in paragraph (4) after the words “in paragraph (3)” there shall be inserted “and any further period specified in paragraph (3A)”.
PART 3
Transitory Provisions
Transitory provision
4
1
This regulation applies in the case of a claimant —
a
who has attained the qualifying age for state pension credit on or before 6th October 2003; and
b
whose benefit period is due to end in the period beginning 16th June 2003 and ending on 5th October 2003.
2
Where this regulation applies the appropriate relevant authority, where it considers it appropriate to do so and upon its own initiative, may make a decision under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions).
3
Where the effect of the decision made in accordance with paragraph (2) is that the benefit period is to be extended, a decision to which paragraph (2) applies shall take effect on the day immediately after the day on which the benefit period would have expired but for the decision made in accordance with this regulation.
4
Where this regulation applies and the appropriate relevant authority considers it appropriate to make a decision under paragraph (2), the provisions in regulation 72(14)(a) and (b) of the Housing Benefit Regulations and regulation 62(15)(a) and (b) of the Council Tax Benefit Regulations shall not apply.
Extension of benefit period
5
Where regulation 4(1) applies —
a
regulation 66(3) of the Housing Benefit Regulations (benefit period) shall have effect as if the reference to “60 benefit weeks” were a reference to “85 benefit weeks”; and
b
regulation 57(3) of the Council Tax Benefit Regulations (benefit period) shall have effect as if the reference to “60 weeks” were a reference to “85 weeks”.
Transitory provision for rent officer referrals
6
Where the appropriate relevant authority decides to make a decision under regulation 4(2) it may apply to a rent officer for a determination to be made in pursuance of Housing Act functions.
PART 4
Consequential and Transitional Provisions
Application of this Part
7
1
This Part shall have effect, except where paragraph (2) applies, in relation to a person who has attained the qualifying age for state pension credit.
2
This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations or, as the case may be, the Council Tax Benefit Regulations.
Amendment of regulation 2 of the Housing Benefit Regulations and regulation 2 of the Council Tax Benefit Regulations
8
In regulation 2(1) of the Housing Benefit Regulations (interpretation) and regulation 2(1) of the Council Tax Benefit Regulations (interpretation)-
a
the definition of “benefit period” shall be omitted;
b
at the appropriate place, insert —
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 ) —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
.
Amendment of regulation 7 of the Housing Benefit Regulations
9
In regulation 7(10) of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) the words from “except” to the end of the paragraph shall be omitted.
Amendment of regulation 11 of the Housing Benefit Regulations
10
In regulation 11(6) of the Housing Benefit Regulations (maximum rent) —
a
in sub-paragraph (b) for the words “benefit period” there shall be substituted “award of housing benefit”;
b
for the words after sub-paragraph (b) there shall be substituted —
then —
i
the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the date that the authority next applies to the rent officer for a determination in accordance with regulation 12A (requirement to refer to rent officers); and
ii
the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the date that the authority next applies to the rent officer for a determination in accordance with regulation 12A (requirement to refer to rent officers).
.
Amendment of regulation 12A of the Housing Benefit Regulations
11
1
Regulation 12A (requirement to refer to rent officers) shall be amended in accordance with the following paragraphs.
2
In paragraph (1) —
a
the words “it has received” shall be omitted;
b
at the beginning of sub-paragraphs (a), (aa), (b) and (c) the words “it has received” shall be inserted;
c
after sub-paragraph (c), there shall be inserted the following sub-paragraphs —
d
52 weeks have elapsed since it last made an application under sub-paragraph (a), (aa) or (b) above in relation to the claim or award in question; or
e
52 weeks have elapsed since —
i
an application was made under sub-paragraph (d) above; or
ii
an application was made under this sub-paragraph,
whichever last occurred.
.
3
In paragraph (3) —
a
the words “appropriate local authority receiving” shall be omitted;
b
at the beginning of sub-paragraphs (a), (aa) and (b) the words “relevant authority receiving” shall be inserted;
c
after sub-paragraph (b), there shall be inserted —
or
c
day on which the period mentioned in paragraph (1)(d) or (e) elapsed.
.
Extended payments
12
1
In regulation 62A of the Housing Benefit Regulations (extended payments) after paragraph (5), there shall be inserted —
5A
Where a person attains the qualifying age for state pension credit during the period of an extended payment made to him or his partner under this regulation, paragraph (5)(b) shall have effect as if —
a
after the word “beneficiary” there were inserted the words “or his partner”; and
b
for the words from “deemed to be” to the end of that sub-paragraph there were substituted the words “treated as having been made in respect of a period beginning immediately after the end of the benefit period.”.
2
In regulation 53A of the Council Tax Benefit Regulations (extended payments) after paragraph (5), there shall be inserted —
5A
Where a person attains the qualifying age for state pension credit during the period of an extended payment made to him or his partner under this regulation, paragraph (5)(b) shall have effect as if —
a
after the word “beneficiary” there were inserted the words “or his partner”; and
b
for the words from “deemed to be” to the end of that sub-paragraph there were substituted the words “treated as having been made in respect of a period beginning immediately after the end of the benefit period.”.
Change of circumstances
13
1
In regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) —
a
in paragraph (1) for the words “regulation 8(3) (eligible housing costs) or regulation 26” there shall be substituted “regulation 29” ;
b
at the beginning of paragraphs (2), (3) and (4) there shall be inserted the words “Subject to paragraphs (13) and (14),”;
c
after paragraph (12) the following paragraphs shall be added —
13
Paragraph (14) applies where —
a
a change of circumstances would, but for that paragraph, take effect in accordance with paragraph (2), (3)(a)(i) or (b) or (4) on a day that is not the first day of a benefit week; and
b
the effect of that change of circumstances is to end entitlement to housing benefit.
14
In a case to which this paragraph applies, the change of circumstances shall take effect from the first day of the benefit week following the day on which the change of circumstances actually occurred.
.
2
In regulation 59(1) of the Council Tax Benefit Regulations (date on which change of circumstances is to take effect) for the words “regulation 18” there shall be substituted “regulation 21” .
Time claims are made or treated as made
14
1
Subject to regulation 20, in the Housing Benefit Regulations —
a
in regulation 65(1), the words “regulation 72(12) to (14) (renewal claims) and” shall be omitted; and
b
in regulation 72, paragraphs (12) to (14A) (time and manner in which claims are to be made) shall be omitted.
2
Subject to regulation 20, in the Council Tax Benefit Regulations —
a
in regulation 56(1) (date on which entitlement is to begin) the words “and to regulation 62(13) to (15) (renewal claims)” shall be omitted; and
b
in regulation 62, paragraphs (13) to (15A) (time and manner in which claims are to be made) shall be omitted.
Amendment of regulation 76 of the Housing Benefit Regulations and regulation 66 of the Council Tax Benefit Regulations
15
Paragraph (2)(d) of regulation 76 of the Housing Benefit Regulations and paragraph (2)(d) of regulation 66 of the Council Tax Benefit Regulations (who is to make a decision) shall be omitted.
Amendment of regulation 104 of the Housing Benefit Regulations and regulation 90 of the Council Tax Benefit Regulations
16
Paragraph (2) of regulation 104 of the Housing Benefit Regulations and paragraph (2) of regulation 90 of the Council Tax Benefit Regulations (sums to be deducted in calculating recoverable excess benefit) shall be omitted.
Amendment of Schedule 1A to the Housing Benefit Regulations
17
1
Schedule 1A to the Housing Benefit Regulations (excluded tenancies) shall be amended in accordance with the following paragraphs.
2
For paragraph 2(2) there shall be substituted —
2
For the purposes of any claim, notification, request or application under regulation 12A(1) (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer’s determination made in consequence of an earlier claim, notification, request or application (“the earlier application”) where —
a
the earlier and later applications were made in respect of the same claimant or different claimants; and
b
the earlier application was made more than 52 weeks before the later application was made.
.
3
Paragraphs 2(2A) and (3)(d) and 4 shall be omitted.
Amendment of Schedule 6 to the Housing Benefit Regulations and Schedule 6 to the Council Tax Benefit Regulations
18
Paragraph 9(h) of Schedule 6 to the Housing Benefit Regulations and paragraph 9(e) of Schedule 6 to the Council Tax Benefit Regulations (awards where income support or state pension credit is payable) shall be omitted.
Minor and consequential amendments
19
1
In the provisions specified in paragraph (2), for the words “benefit period” wherever they occur, there shall be substituted the words “award of housing benefit”, preceded, where appropriate, by “an” instead of “a”.
2
The provisions referred to in paragraph (1) are the following regulations in the Housing Benefit Regulations —
a
regulation 11(9) and (10) (maximum rent);
b
regulation 70(2) (rent free periods); and
c
regulation 75(1) (duty to notify change of circumstances).
3
In regulation 70(2)(a) of the Housing Benefit Regulations (rent free periods) for the words “that period” in both places where they occur, there shall be substituted the words “that award”.
4
In regulation 65(1) of the Council Tax Benefit Regulations (duty to notify a change of circumstances) for the words “benefit period” there shall be substituted the words “award of council tax benefit”.
Transitional provision
20
1
Paragraphs (2) and (3) apply in the case of a claimant whose, or whose partner's, benefit period ends before 6th October 2003.
2
Where paragraph (1) applies, regulation 72(13) and (14) of the Housing Benefit Regulations and regulation 62(14) and (15) of the Council Tax Benefit Regulations shall continue to have effect until 3rd November 2003.
3
Where paragraph (1) applies and either —
a
a claimant makes a claim for a further grant of —
i
housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations, or
ii
council tax benefit in accordance with regulation 62(14) of the Council Tax Benefit Regulations,
after 6th October 2003 but no later than 4 weeks after the end of the benefit period; or
b
a relevant authority invites that claimant to make a claim for a further grant of —
i
housing benefit in accordance with regulation 72(14) of the Housing Benefit Regulations, or
ii
council tax benefit in accordance with regulation 62(15) of the Council Tax Benefit Regulations,
and following that invitation, a claim is received from that claimant after 6th October 2003 but no later than 4 weeks after the end of the benefit period,
that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.
4
Paragraphs (5) and (6) shall apply in the case of a claimant —
a
whose, or whose partner's, benefit period ends before the claimant attains the qualifying age for state pension credit; and
b
who attains the qualifying age for state pension credit no later than 4 weeks after the end of the benefit period.
5
Where paragraph (4) applies, regulation 72(13) and (14) of the Housing Benefit Regulations and regulation 62(14) and (15) of the Council Tax Benefit Regulations shall continue to have effect until 4 weeks after the day on which the benefit period ends.
6
Where paragraph (4) applies and either —
a
a claimant makes a claim for a further grant of —
i
housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations, or
ii
council tax benefit in accordance with regulation 62(14) of the Council Tax Benefit Regulations,
after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period; or
b
a relevant authority invites that claimant to make a claim for a further grant of —
i
housing benefit in accordance with regulation 72(14) of the Housing Benefit Regulations, or
ii
council tax benefit in accordance with regulation 62(15) of the Council Tax Benefit Regulations,
and, following that invitation, a claim is received from that claimant after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period,
that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.
Transitional provision for rent officer referrals
21
1
Paragraph (2) applies where a claimant attains or has attained the qualifying age for state pension credit on or before 6th October 2003.
2
If, on 6th October 2003, more than 52 weeks have elapsed since the relevant authority last made an application in relation to that claimant's, or his partner's, claim for, or award of, housing benefit for a determination in accordance with regulation 12A(1) of the Housing Benefit Regulations (requirement to refer to rent officers), the relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions as soon as is practicable after 6th October 2003.
3
Paragraph (4) applies where a claimant attains the qualifying age for state pension credit on a date (“the qualifying date”) after 6th October 2003.
4
If, on the qualifying date, more than 52 weeks have elapsed since the relevant authority last made an application in relation to that claimant's, or his partner's, award of housing benefit for a determination in accordance with regulation 12A(1) of the Housing Benefit Regulations (requirement to refer to rent officers), the relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions as soon as is practicable after the qualifying date.
5
Any application made under paragraph (2) or (4) above shall be subject to regulation 12A(1A) and (7A) of the Housing Benefit Regulations.
6
An appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraphs (2) or (4) apply.
7
Where an appropriate relevant authority makes a decision under paragraph (6) which adopts the determination made in consequence of the application made under paragraph (2) or (4) the decision shall take effect —
a
in a case to which paragraph (2) applies, on 6th October 2003; and
b
subject to paragraph (8), in a case to which paragraph (4) applies, on the qualifying date.
8
Where an appropriate relevant authority makes a decision under paragraph (6) which adopts the determination made in consequence of the application made under paragraph (4) —
a
in a case where entitlement to housing benefit ceases; and
b
where the qualifying date is not the first day of the benefit week,
the decision shall take effect on the first day of the benefit week following the benefit week in which the qualifying date falls.
PART 5
Application and Amendment of Other Provisions
Amendment of regulation 10 of the Housing Benefit (General) Amendment Regulations 1995
22
In regulation 10 of the Housing Benefit (General) Amendment Regulations 1995 (saving provision) —
a
after paragraph (5B), there shall be inserted the following paragraphs —
5C
Subject to paragraph (5D), paragraphs (1) to (5A) above shall have effect where a claimant has attained the qualifying age for state pension credit as if any references to a benefit period were references to an award of housing benefit.
5D
Paragraph (5C) shall not apply if the claimant, or if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Principal Regulations.
;
b
in paragraph (6), at the appropriate places, insert the following definitions —
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 ) —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
“state pension credit” means state pension credit under the State Pension Credit Act 2002
.
Amendment of regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997
23
In regulation 4 of the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 1997 (savings) after paragraph (2AC) there shall be inserted the following paragraphs —
2AD
Paragraph (2A) shall have effect where a claimant has attained the qualifying age for state pension credit as if the words “makes a further claim for housing benefit under regulation 72(12) to (14) of the principal Regulations, where he” were omitted;
2AE
Paragraph (2AD) shall not apply if the claimant, or if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Principal Regulations .
2AF
In this Regulation —
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 ) —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
“state pension credit” means state pension credit under the State Pension Credit Act 2002.
.
Amendment of regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001
24
1
In regulation 7 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (decisions superseding earlier decisions) there shall be inserted the following paragraph —
2A
An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which regulation 12A(1)(d) or (e) of the Housing Benefit Regulations (requirement to refer to rent officers) applies.
.
2
In regulation 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (date from which a decision superseding an earlier decision takes effect) after paragraph (11) there shall be inserted the following paragraphs —
12
Except in a case where entitlement to housing benefit ceases, where a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by a relevant authority under regulation 12A(1)(d) or (e) of the Housing Benefit Regulations, any decision to which regulation 7(2A) applies which adopts that determination shall take effect from the first day following the last day of the period mentioned in regulation 12A(1)(d) or (e) of those Regulations.
13
For the purposes of paragraph (12) “Housing Act functions” has the same meaning as in section 136(1) of the Administration Act.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
21st May 2003


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Premium Savings Bonds (Amendment) Regulations 2003 and shall come into force on 12th May 2003.
2
Regulation 5(1) of the Premium Savings Bonds Regulations 1972 (maximum holding of bonds) is amended by substituting for the figures “20,000” the figures “30,000”.
Philip Woolas
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
9th April 2003


text:
Citation, interpretation and application
1
1
This Order may be cited as the Commonhold and Leasehold Reform Act 2002 (Commencement No. 2 and Savings) (England) Order 2003.
2
In this Order —
“ LVT ” means a leasehold valuation tribunal;
“the 1967 Act ” means the Leasehold Reform Act 1967 ;
“the 1985 Act ” means the Landlord and Tenant Act 1985 ;
“the 1987 Act ” means the Landlord and Tenant Act 1987 ;
“the 1993 Act ” means the Leasehold Reform, Housing and Urban Development Act 1993 ;
“the 1996 Act ” means the Housing Act 1996 ;
“the first commencement date” means 30 September 2003;
“the second commencement date” means 31 October 2003;
references to sections and Schedules are, unless otherwise stated, references to sections of, and Schedules to, the Commonhold and Leasehold Reform Act 2002; and
any reference to a repeal is to a repeal made by section 180 and Schedule 14.
3
This Order applies to England only.
Provisions coming into force on the first commencement date
2
The following provisions shall come into force on the first commencement date —
a
sections 71 to 73, 75 to 77, 79, 81 to 83 , 85 to 91, 93 to 103, 105 to 109, 111 to 113, 159, 163, 173, Schedules 6 and 7;
b
sections 74, 78, 80, 84, 92, 110, 174 and Schedule 12 to the extent that they are not already in force;
c
subject to the savings in Schedule 2 to this Order —
i
sections 148, 149, 150, 155, 157, 158, 175, 176, Schedule 9, paragraphs 8 to 13 of Schedule 10, Schedule 11 and paragraphs 1 to 15 of Schedule 13;
ii
subsections (1) to (5) of section 172 except in so far as they relate to the application to the Crown of sections 152 to 154, 164 to 171, paragraphs 1 to 7 of Schedule 10 and paragraph 16 of Schedule 13;
iii
subsection (6) of section 172 except in so far as the substitutions made by that subsection relate to sections 42A and 42B of the 1987 Act;
iv
to the extent that it is not already in force, section 180 in so far as it relates to the repeals in Schedule 14 which are set out in Schedule 1 to this Order.
Provisions coming into force on the second commencement date
3
1
Subject to paragraphs (2) to (7), section 151, to the extent that it is not already in force, shall come into force on the second commencement date.
2
In relation to any case to which paragraph (3), (4), (5) or (7) applies, the amendment made by section 151 shall have no effect and the Service Charge (Estimates and Consultation) Order 1988 shall continue to apply.
3
This paragraph applies where qualifying works are begun before the second commencement date.
4
This paragraph applies where, in relation to qualifying works, the landlord has given or displayed the notice required under section 20 of the 1985 Act before the second commencement date.
5
This paragraph applies where, in relation to qualifying works to which paragraph (6) applies, the landlord has given notice in the Official Journal of the European Union in accordance with the Public Works Contracts Regulations 1991 , the Public Services Contracts Regulations 1993 or the Public Supply Contracts Regulations 1995 before the second commencement date.
6
This paragraph applies to qualifying works which are carried out under a contract which —
a
is to be entered into on or after the second commencement date; and
b
is for a period of twelve months or less.
7
This paragraph applies where, under an agreement entered into, by or on behalf of the landlord or a superior landlord, before the second commencement date, qualifying works are carried out at any time in the period starting with the second commencement date and ending two months after that date.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State
Office of the Deputy Prime Minister
4th August 2003


text:
Citation, commencement, and extent
1
1
These Regulations may be cited as the Education (Residential Trips) (Prescribed Tax Credits) (England) Regulations 2003 and shall come into force on 6 th April 2003.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations –
“the 1996 Act ” means the Education Act 1996;
“Child Tax Credit” and “Working Tax Credit” have the same meaning as in the Tax Credits Act 2002 ;
“annual income” means the income for the tax year calculated in accordance with the Tax Credits (Definition and Calculation of Income) Regulations 2002 .
Prescribed tax credits
3
Child Tax Credit is prescribed for the purposes of section 457(4)(b)(iii) of the 1996 Act in the following circumstances –
a
where the parent is entitled to Child Tax Credit but not to Working Tax Credit; and
b
where the parent is receiving Child Tax Credit by virtue of an award based on annual income not exceeding the amount determined for the purposes of section 7(1)(a) of the Tax Credits Act 2002 as the income threshold for Child Tax Credit.
Prescribed benefit or allowance
4
Support provided under Part VI of the Immigration and Asylum Act 1999 is prescribed for the purposes of section 457(4)(b)(iii) of the 1996 Act.
Stephen Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
27th February 2003


text:
Citation and commencement
1
This Order may be cited as the Health Professions Order 2001 (Consequential Amendments) Order 2003 and shall come into force on 9th July 2003.
Extent
2
The extent of any amendment of any enactment or instrument in the Schedule to this Order is the same as that of the enactment or instrument amended, but paragraphs 27, 29 and 31 apply to England only.
Consequential amendments
3
The enactments specified in the Schedule to this Order are amended as there specified.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
18th June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Water Industry (Charges) (Vulnerable Groups) (Amendment) Regulations 2003 and shall come into force on 31st March 2003.
2
These Regulations do not apply to any water or sewerage undertaker whose area is wholly or mainly in Wales .
Changes to the Water Industry (Charges) (Vulnerable Groups) Regulations 1999
2
Regulation 2 of the Water Industry (Charges) (Vulnerable Groups) Regulations 1999 is amended as follows —
a
at the end of paragraph (4)(a)(v), omit “and”; and
b
after paragraph (4)(b), insert —
c
state pension credit under the State Pension Credit Act 2002 ;
d
under Part 1 of the Tax Credits Act 2002 —
i
child tax credit, if it includes an amount in respect of the individual element of child tax credit ; and
ii
working tax credit .
Signed by authority of the Secretary of State
Elliot Morley
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
6th March 2003


text:
PART 1
INTRODUCTION
Citation and commencement
1
These Rules may be cited as the Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003 and shall come into force on 10th April 2003.
Interpretation
2
1
In these Rules —
“the Principal Rules ” means the Immigration and Asylum Appeals (Procedure) Rules 2003 ;
“appellant”, in relation to an appeal to an adjudicator has the same meaning as it is given in rule 5(2)(a) of the Principal Rules, and in relation to an appeal to the Tribunal has the same meaning as it is given in rule 14(2)(a) of the Principal Rules;
“respondent”, in relation to an appeal to an adjudicator has the same meaning as it is given in rule 5(2)(b) of the Principal Rules, and in relation to an appeal to the Tribunal has the same meaning as it is given in rule 14(2)(b) of the Principal Rules.
2
Other words and expressions used in these Rules which are defined in rule 2 of the Principal Rules have the same meaning in these Rules as in the Principal Rules.
3
Where a provision of the Principal Rules applies by virtue of these Rules —
a
any reference in that provision to the Principal Rules is to be interpreted as including a reference to these Rules; and
b
any reference in that provision to a specific Part or rule in the Principal Rules is to be interpreted as including a reference to any equivalent Part or rule in these Rules.
4
For the purposes of rules 4, 9 and 15 of these Rules, a party does not cease to satisfy a condition that he must have continuously been in detention under the Immigration Acts at a place or places specified in the Schedule to these Rules by reason only of —
a
being transported from one place of detention specified in the Schedule to another place which is so specified; or
b
leaving and returning to such a place of detention for any purpose between the hours of 7 a.m. and 7 p.m.
Scope of these Rules
3
1
The following Parts of these Rules apply to appeals and applications to an adjudicator or the Tribunal to the following extent —
a
Parts 2 and 5 apply to appeals to an adjudicator, in the circumstances specified in rule 4;
b
Parts 3 and 5 apply to appeals (including applications for permission to appeal) to the Tribunal against an adjudicator’s determination, in the circumstances specified in rule 9;
c
Parts 4 and 5 apply to applications to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session, in the circumstances specified in rule 15; and
d
Part 6 applies to pending appeals and applications to which any of Parts 2, 3, 4 and 5 apply or have applied.
2
In appeals and applications to which these Rules apply, the Principal Rules also apply, but only to the extent specified in rules 5, 10, 16 and 20 of these Rules.
PART 2
APPEALS TO AN ADJUDICATOR
Scope of this Part
4
This Part applies to an appeal to an adjudicator against an immigration decision which was made on or after 10th April 2003, where —
a
the appellant was in detention under the Immigration Acts at a place specified in the Schedule to these Rules when notice of that immigration decision was served on him; and
b
the appellant has continuously been in detention under the Immigration Acts at a place or places specified in the Schedule since that notice was served on him.
Application of Part 2 of the Principal Rules
5
The following rules in Part 2 of the Principal Rules apply to an appeal to an adjudicator to which this Part applies —
a
rule 5;
b
rule 6;
c
rule 8;
d
rule 10(1);
e
rule 11; and
f
rule 12, except for sub-paragraph (b).
Time limits
6
1
A notice of appeal to an adjudicator must be given in accordance with rules 6 and 8 of the Principal Rules not later than 2 days after the day on which the appellant is served with notice of the decision against which he wishes to appeal.
2
An adjudicator may not extend the time limit in paragraph (1) unless he is satisfied that, because of circumstances outside the control of the appellant or his representative, it was not practicable for notice of appeal to be given within that time limit.
3
The respondent must (whether or not the notice of appeal is given within the time specified in paragraph (1)) —
a
file with the appellate authority the documents specified in rule 9(1) of the Principal Rules; and
b
serve on the appellant the documents specified in rule 9(2) of the Principal Rules,
not later than 2 days after the day on which notice of appeal is given.
Listing
7
1
The appellate authority must fix a hearing date as soon as practicable after the respondent files the documents under rule 6(3)(a).
2
The hearing date must be not later than 2 days after the day on which the respondent files those documents, or as soon as practicable thereafter if the appellate authority is unable to arrange a hearing within that time.
3
The appellate authority must serve notice of the date, time and place of the hearing on —
a
every party; and
b
subject to rule 21, any representative acting for a party,
not later than noon on the day before the hearing.
Determining the appeal
8
1
An adjudicator must consider the appeal at the hearing fixed under rule 7(1), and give a written determination following that hearing, except where —
a
the notice of appeal was given out of time, and the adjudicator does not grant an extension of time;
b
rule 12(a) of the Principal Rules applies; or
c
the adjudicator adjourns the hearing on a ground specified in paragraph (2).
2
An adjudicator may only adjourn the hearing of an appeal where —
a
it is necessary to do so because there is insufficient time to hear the appeal;
b
a party has not been served with notice of the hearing in accordance with these Rules;
c
the adjudicator is satisfied by evidence filed or given by or an behalf of a party that —
i
the appeal cannot be justly determined on the date on which it is listed for hearing; and
ii
there is an identifiable future date, not more than 10 days after the date on which the appeal is listed for hearing, by which the appeal can be justly determined; or
d
the adjudicator makes an order under rule 23.
3
The appellate authority must serve the adjudicator’s written determination of the appeal on —
a
every party; and
b
subject to rule 21, any representative acting for a party,
not later than one day after the day on which the hearing of the appeal finishes.
PART 3
APPEALS TO THE TRIBUNAL
Scope of this Part
9
This Part applies to an appeal (including an application for permission to appeal) to the Tribunal where —
a
the appeal is against the determination of an adjudicator upon an appeal to which Part 2 of these Rules applied; and
b
the party appealing against an immigration decision has, since being served with notice of that immigration decision, continuously been in detention under the Immigration Acts at a place or places specified in the Schedule to these Rules.
Application of Part 3 of the Principal Rules
10
The following rules in Part 3 of the Principal Rules apply to an appeal to the Tribunal to which this Part applies —
a
rule 14;
b
rule 15, except for paragraph (5);
c
rule 17;
d
rule 18, except for paragraph (7)(b);
e
rule 19(1) and (3);
f
rule 20;
g
rule 21(1), (2) and (4);
h
rule 22;
i
rule 23;
j
rule 24; and
k
rule 25.
Applying for permission to appeal
11
1
An application for permission to appeal to the Tribunal against an adjudicator’s determination must be made, in accordance with rules 15(1)-(4) and 17 of the Principal Rules, not later than 2 days after the day on which the appellant is served with the adjudicator’s determination.
2
The appellant must —
a
state in his application notice whether he seeks an oral hearing of the appeal if permission to appeal is granted, giving reasons if he does so; and
b
file with the application notice (whether or not he seeks an oral hearing) —
i
any written submissions upon which he wishes to rely if the Tribunal grants permission to appeal and decides to determine the appeal without a hearing; and
ii
any notice under rule 21(2) of the Principal Rules asking the Tribunal to consider additional evidence.
3
When the appellate authority receives the application notice, it must serve a copy of the notice and any accompanying documents on the respondent as soon as practicable.
4
The Tribunal may extend the time limit in paragraph (1) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.
Documents to be filed by respondent
12
1
The respondent must, not later than one day after the day on which he is served with a copy of the application notice —
a
file with the appellate authority a statement of whether he seeks an oral hearing of the appeal if permission is granted, giving reasons if he does so; and
b
file with that statement (whether or not he seeks an oral hearing) —
i
any written submissions upon which he wishes to rely if the Tribunal grants permission to appeal and decides to determine the appeal without a hearing;
ii
any respondent’s notice under rule 19 of the Principal Rules; and
iii
any notice under rule 21(2) of the Principal Rules asking the Tribunal to consider additional evidence.
2
The Tribunal may extend the time limit in paragraph (1) if it is satisfied that, by reason of special circumstances, it would be unjust not to do so.
Determining the permission application
13
The Tribunal must determine the application for permission to appeal, and the Tribunal’s written determination must be served on —
a
every party; and
b
subject to rule 21, any representative of a party,
not later than one day after the expiry of the time for the respondent to file documents under rule 12.
Determining the appeal
14
1
This rule applies where the Tribunal grants permission to appeal under rule 18 of the Principal Rules.
2
The Tribunal must, having regard to any written representations made by the parties, decide whether to —
a
determine the appeal without a hearing in accordance with rule 45(1) of the Principal Rules; or
b
fix a hearing.
3
If the Tribunal decides to determine an appeal without a hearing, it must determine it —
a
at the same time as granting permission to appeal; or
b
as soon as practicable afterwards.
4
If the Tribunal fixes a hearing —
a
the hearing date must be not later than 2 days after the grant of permission to appeal, or as soon as practicable thereafter if the appellate authority is unable to arrange the hearing within that time; and
b
the appellate authority must serve notice of the date, time and place of the hearing on —
i
every party; and
ii
subject to rule 21, any representative acting for a party,
not later than noon on the day before the hearing.
5
The Tribunal may only adjourn the hearing of an appeal only where —
a
it is necessary to do so because there is insufficient time to hear the appeal;
b
a party has not been served with notice of the hearing in accordance with these Rules;
c
the Tribunal is satisfied by evidence filed or given by or on behalf of a party that —
i
the appeal cannot be justly determined on the date on which it is listed for hearing; and
ii
there is an identifiable future date, not more than 10 days after the date on which the appeal is listed for hearing, by which the appeal can be justly determined; or
d
the Tribunal makes an order under rule 23.
6
The appellate authority must serve the Tribunal’s written determination of the appeal upon —
a
every party; and
b
subject to rule 21, any representative acting for a party,
not later than one day after the day on which the hearing of the appeal finishes, or the Tribunal determines the appeal without a hearing.
PART 4
APPLICATIONS FOR PERMISSION TO APPEAL FROM TRIBUNAL
Scope of this Part
15
This Part applies to an application to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session where —
a
the application is for permission to appeal against the determination of the Tribunal upon an appeal to which Part 3 of these Rules applied; and
b
the party appealing against an immigration decision has, since being served with notice of that immigration decision, continuously been in detention under the Immigration Acts at a place or places specified in the Schedule to these Rules.
Application of Part 4 of the Principal Rules
16
The following rules in Part 4 of the Principal Rules apply to an application to which this Part applies —
a
rule 26;
b
rule 27;
c
rule 29; and
d
rule 30.
Time limit for application
17
1
An application notice to the Tribunal for permission to appeal to the Court of Appeal or the Court of Session must be given, in accordance with rules 27 and 29 of the Principal Rules, not later than 2 days after the day on which the appellant is served with the Tribunal’s determination.
2
The Tribunal may not extend the time limit in paragraph (1).
Determining the application
18
The Tribunal must determine the application, and its determination must be served on —
a
every party; and
b
subject to rule 21, any representative acting for a party,
not later than one day after the day on which the appellate authority receives the application notice.
PART 5
GENERAL PROVISIONS
Scope of this Part
19
This Part applies to an appeal or application to which any of Parts 2, 3 and 4 of these Rules apply.
Application of Part 6 of the Principal Rules
20
Part 6 of the Principal Rules applies to an appeal or application to which this Part applies, except that —
a
rule 39(1) (notification of hearings) applies subject to rules 7(3), 14(4)(b) and 21 of these Rules;
b
rule 40 (adjournment of hearings) does not apply;
c
rule 45 (determining the appeal without a hearing) does not apply in relation to an appeal to an adjudicator, and paragraph (3) of that rule does not apply in relation to an appeal to the Tribunal; and
d
rule 53(3) (giving of determination) applies subject to rule 21 of these Rules.
Service of documents on representatives
21
Any requirement in these Rules, or in the Principal Rules as applied by these Rules, to serve any document on a party’s representative in addition to serving it on that party, shall not apply unless the representative provides a fax number for service.
Validity of determinations
22
Any determination made in an appeal or application under these Rules shall be valid notwithstanding that —
a
a hearing did not take place; or
b
the determination was not made or served,
within a time period specified in these Rules.
PART 6
REMOVAL OF PENDING PROCEEDINGS FROM FAST TRACK
Transfer of appeal out of fast track procedure
23
1
Where Part 2 or 3 of these Rules applies to a pending appeal, an adjudicator or the Tribunal may order that that Part shall cease to apply to the appeal —
a
if all the parties consent;
b
in exceptional circumstances, if the adjudicator or the Tribunal is satisfied by evidence filed or given by or on behalf of a party that the appeal cannot otherwise be justly determined; or
c
if —
i
the respondent has failed to comply with a provision of these Rules, or the Principal Rules as applied by these Rules, or a direction of the appellate authority; and
ii
the adjudicator or the Tribunal is satisfied that the appellant would be prejudiced by that failure if the appeal were determined in accordance with these Rules.
2
An adjudicator or the Tribunal may, when making an order under paragraph (1) —
a
adjourn any hearing of the appeal; and
b
give directions relating to the further conduct of the appeal.
3
Where an adjudicator adjourns a hearing in accordance with paragraph (2), rule 13 of the Principal Rules (closure date) shall apply.
Application of the Principal Rules
24
1
This rule applies where any of Parts 2 to 4 of these Rules ceases to apply to a pending appeal or application because —
a
the conditions in rule 4, 9 or 15 cease to apply; or
b
an adjudicator or the Tribunal makes an order under rule 23.
2
Subject to paragraph (3), the Principal Rules shall apply to the appeal or application from the date on which that Part of these Rules ceases to apply.
3
Where —
a
a time period for something to be done has started to run under a provision of these Rules; and
b
that provision ceases to apply,
if the Principal Rules contain a time limit for the same thing to be done, the time period in the Principal Rules shall apply, and shall be treated as running from the date on which the time period under these Rules started to run.
Irvine of Lairg, C.
20th March 2003


text:
This Order may be cited as the General Medical Council Fitness to Practise Committees and Review Board for Overseas Qualified Practitioners (Amendment) Rules Order of Council 2003 and shall come into force on 1st July 2003.
A K Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) (No.2) Order 2003 and shall come into force on 31st October 2003.
2
In this Order, “ the Act ” means the Enterprise Act 2002.
3
Schedule 14 to the Act (specified functions) is amended in accordance with the Schedule to this Order.
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
2nd October 2003


text:
1
This Order may be cited as the Financial Services and Markets Act 2000 (Exemption) (Amendment) Order 2003 and comes into force on 1st March 2003.
2
In Part I of the Schedule to the Financial Services and Markets Act 2000 (Exemption) Order 2001 (persons exempt in respect of any regulated activity other than insurance business), after paragraph 15, insert —
15A
Bank for International Settlements.
.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
14th January 2003


text:
Citation and commencement
1
This Order may be cited as the Education (School Teachers' Pay and Conditions) Order 2003 and shall come into force on 1st April 2003.
Application
2
This Order applies to school teachers (as defined in section 5(1) and (2) of the Act ) in England and Wales.
School Teachers' Pay and Conditions
3
The School Teachers' Pay and Conditions Document 2002 shall be amended with effect from 1st April 2003 as follows:
a
in paragraph 1.2 the following definitions shall be inserted in the appropriate places in alphabetical order —
“the Inner London Area” means the area comprising the areas of the London boroughs of Barking and Dagenham, Brent, Camden, City of London, Ealing, Greenwich, Hackney, Hammersmith and Fulham, Haringey, Islington, Kensington and Chelsea, Lambeth, Lewisham, Merton, Newham, Southwark, Tower Hamlets, Wandsworth and Westminster;
;
“the Outer London Area” means Greater London, excluding the Inner London Area;
;
“the Fringe Area” means:
in Berkshire: the Districts of Bracknell Forest, Slough and Windsor and Maidenhead;
in Buckinghamshire: the Districts of South Buckinghamshire and Chiltern;
in Essex: the Districts of Basildon, Brentwood, Epping Forest, Harlow and Thurrock;
in Hertfordshire: the Districts of Broxbourne, Dacorum, East Hertfordshire, Hertsmere, St Albans, Three Rivers, Watford and Welwyn Hatfield;
in Kent: the Districts of Dartford and Sevenoaks;
in Surrey: the whole County; and
in West Sussex: the District of Crawley;
;
“the London Area” comprises the Inner London Area, the Outer London Area and the Fringe Area;
;
b
in paragraph 1.2 for the definition of “Induction Regulations” there shall be substituted the following definition:“ “ Induction Regulations ” means the Education (Induction Arrangements for School Teachers) (Consolidation)(England) Regulations 2001 or the Education (Induction Arrangements for School Teachers)(Wales) Regulations 2003 ;”
c
the following paragraph shall be added after paragraph 1.6 —
1.7
Where a table containing a pay scale, pay spine or salary range contains two columns of annual salaries, the column headed “England and Wales” applies to teachers serving in England and Wales except those serving in the Inner London Area and the column headed “Inner London” applies to teachers serving in the Inner London Area.
;
d
in paragraph 4.1 for the words “From 1st April 2002” there shall be substituted the words “From 1st April 2003”;
e
in paragraph 4.2 for the words “From 1st April 2002” there shall be substituted the words “From 1st April 2003”;
f
in paragraph 4.3 for the words “From 1st April 2002” there shall be substituted the words “From 1st April 2003”;
g
the following table shall be substituted for the table in paragraph 4.5 —
Pay Spine from 1st April 2003
Spine point
Annual Salary
Egland and Wales
Annual Salary
Inner London
£ £
L1 31,416 37,359 L2 32,205 38,148 L3 33,009 38,952 L4 33,834 39,777 L5 34,677 40,620 L6 35,544 41,487 L7 36,507 42,450 L8 37,344 43,287 L9 38,277 44,220 L10 39,261 45,204 L11 40,278 46,221 L12 41,208 47,151 L13 42,240 48,183 L14 43,290 49,233 L15 44,367 50,310 L16 45,549 51,492 L17 46,599 52,542 L18 47,769 53,712 L19 48,951 54,894 L20 50,166 56,109 L21 51,408 57,351 L22 52,683 58,626 L23 53,988 59,931 L24 55,329 61,272 L25 56,700 62,643 L26 58,107 64,050 L27 59,544 65,487 L28 61,020 66,963 L29 62,535 68,478 L30 64,089 70,032 L31 65,676 71,619 L32 67,308 73,251 L33 68,979 74,922 L34 70,686 76,629 L35 72,444 78,387 L36 74,235 80,178 L37 76,083 82,026 L38 77,964 83,907 L39 79,863 85,806 L40 81,861 87,804 L41 83,904 89,847 L42 86,004 91,947 L43 88,155 94,098
;
h
paragraph 4.6 shall be deleted;
i
the following table shall be substituted for the table in paragraph 6.3 —
Group Range of spine points Salary range – England and Wales Salary range – Inner London £ £
1 L6-L18 35,544 – 47,769 41,487 – 53,712 2 L8-L21 37,344 – 51,408 43,287 – 57,351 3 L11-L24 40,278 – 55,329 46,221 – 61,272 4 L14-L27 43,290 – 59,544 49,233 – 65,487 5 L18-L31 47,769 – 65,676 53,712 – 71,619 6 L21-L35 51,408 – 72,444 57,351 – 78,387 7 L24-L39 55,329 – 79,863 61,272 – 85,806 8 L28-L43 61,020 – 88,155 66,963 – 94,098;
j
in paragraph 15.2 for the words “From 1st September 2002” there shall be substituted the words “From 1st April 2003”;
k
the following table shall be substituted for the table in paragraph 15.3.2 —
Pay Scale from 1st April 2003
Scale Point
Annual Salary
England and Wales
Annual Salary
Inner London
£ £
M1 18,105 21,522 M2 19,536 22,977 M3 21,108 24,573 M4 22,734 26,226 M5 24,525 28,041 M6 26,460 30,000
;
l
in paragraph 17.1 for the words “From 1st April 2002” there shall be substituted the words “From 1st April 2003”;
m
the following table shall be substituted for the table in paragraph 17.2 —
Pay Scale from 1st April 2003
Scale Point
Annual Salary
England and Wales
Annual Salary
Inner London
£ £
U1 28,668 34,002 U2 29,730 35,673 U3 30,831 36,774 U4 31,968 37,911 U5 33,150 39,093
;
n
in paragraph 23.1 for the words “From 1st April 2002” there shall be substituted the words “From 1st April 2003”;
o
the following table shall be substituted for the table in paragraph 23.1 —
Management Allowances
Allowance Amount
1st 1,638 2nd 3,312 3rd 5,688 4th 7,833 5th 10,572
;
p
in paragraph 24.1 the words “with effect from 1 April 2002” in the first sentence shall be deleted and in the second sentence for the words “From 1 April 2002” there shall be substituted the words “From 1st April 2003”;
q
the following table shall be substituted for the table in paragraph 24.1 —
Recruitment and Retention Allowances
Allowance Amount
1st 1,002 2nd 1,971 3rd 2,985 4th 4,158 5th 5,415
;
r
for paragraph 25.1 there shall be substituted the following–
25.1
From 1st April 2003, the annual value of a first special educational needs allowance referred to in paragraph 25 is £1,674, and the annual value of a second special educational needs allowance referred to in paragraph 25 is £3,312.
;
s
in paragraph 28.1 for the words “From 1st April 2002” there shall be substituted the words “From 1st April 2003”;
t
the following table shall be substituted for the table in paragraph 28.1 —
Pay Spine from 1st April 2003
Spine Point
Annual Salary
England and Wales
Annual Salary
Inner London
£ £
1 29,757 35,700 2 30,288 36,231 3 30,822 36,765 4 31,347 37,290 5 31,878 37,821 6 32,415 38,358 7 32,949 38,892 8 33,480 39,423 9 34,008 39,951 10 34,536 40,479 11 35,070 41,013 12 35,781 41,724 13 36,489 42,432 14 37,194 43,137 15 37,902 43,845 16 38,613 44,556 17 39,321 45,264 18 40,032 45,975 19 40,740 46,683 20 41,448 47,391 21 42,156 48,099 22 43,038 48,981 23 43,929 49,872 24 44,811 50,754 25 45,699 51,642 26 46,581 52,524 27 47,469 53,412
;
u
in paragraph 36.1 for the words “From 1 April 2002” there shall be substituted the words “From 1st April 2003”;
v
the following table shall be substituted for the table in paragraph 36.1 —
Pay Scale from 1st April 2003
Spine Point
Annual Salary
England and Wales
Annual Salary
Inner London
£ £
1 13,266 16,683 2 13,860 17,277 3 14,439 17,856 4 15,039 18,456 5 15,645 19,062 6 16,227 19,644 7 16,824 20,241 8 18,216 21,633 9 19,794 23,211 10 20,979 24,396
;
w
for paragraph 41.1 there shall be substituted the following–
41.1
From 1st April 2003 a teacher serving in the Outer London Area shall receive an allowance of £2,247 per annum and a teacher serving in the Fringe Area shall receive an allowance of £870 per annum.
;
x
for paragraph 41.2 there shall be substituted the following–
41.2
A teacher normally serving in the London Area but temporarily employed elsewhere shall continue to be paid in accordance with the appropriate Inner London pay scale or (as the case may be) to receive the London Area allowance at the rate appropriate to his normal area of employment.
;
y
for paragraph 41.3 there shall be substituted the following —
41.3
A teacher who on 1st April 2003 was being paid in accordance with the appropriate Inner London pay scale or receiving a London Area allowance shall continue to be paid in accordance with the appropriate Inner London pay scale or to receive that allowance at the appropriate rate, notwithstanding that he would not otherwise be entitled to it under the provisions of this Document, for so long as he remains in the post that he held on that date.
;
z
for paragraph 41.4 there shall be substituted the following —
41.4.1
A teacher who moves out of the Inner London Area may continue to be paid in accordance with the appropriate Inner London pay scale at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
41.4.2
A teacher who moves out of the Outer London Area to anywhere but to the Inner London Area may continue to be paid an Outer London Area allowance at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
41.4.3
A teacher who moves out of the Fringe Area to anywhere but to the Inner London Area or the Outer London Area may continue to be paid a Fringe Area allowance at the rate being paid before he moved for so long as he continues to be employed as a teacher in a post in which his salary is paid by the same authority.
;
aa
for paragraph 41.5 (d) there shall be substituted the following —
in the case of a classroom teacher the relevant body determine the point on the pay scale in paragraph 15.3 and allowances under paragraph 23, 24 or 25 which immediately after the change occurs and when any additional points awarded after 31st August 2002 under paragraphs 16.1 or 16.2 or an increase in salary caused by the teacher having moved to the Inner London pay scale or having become entitled to be paid as a post-threshold teacher are ignored, takes that teacher’s remuneration above that to which he was entitled on 31st August 2002.
;
bb
paragraph 41.6 shall be deleted;
cc
in paragraph 49(c) for “67.4” there shall be substituted “67.3”;
dd
in paragraph 53.1 for the words “1st April 2002 to 31st March 2003” there shall be substituted the words “1st April 2003 to 31st March 2004”.
Minister of State,
Department for Education and Skills
20th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 5) Regulations 2003 and shall come into force on 1st January 2004.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment of regulation 32 (windscreens and other windows)
3
After regulation 32(11), there shall be inserted the following paragraph —
11A
Paragraphs (10) and (11) have effect in relation to any tint, film or other substance or material applied to a windscreen or window as they have effect in relation to the windscreen or window itself.
Amendment of regulation 61 (emission of smoke, vapour, gases, oily substances etc. )
4
In regulation 61(10AB) —
a
the word “or” immediately after sub-paragraph (b) shall be omitted;
b
the word “or” shall be inserted immediately after sub-paragraph (c); and
c
after sub-paragraph (c) there shall be added the following sub-paragraph —
ca
a vehicle which —
i
is not a passenger car,
ii
is first used on or after 1st July 2002, and
iii
has a maximum gross weight not exceeding 3,500kg.
Amendment of Schedule 7B (emissions from certain motor vehicles)
5
1
Schedule 7B shall be amended as follows.
2
In paragraph 3 —
a
the word “or” immediately after sub-paragraph (a) shall be omitted;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraphs —
b
if the vehicle is not of such a description and is first used before 1st July 2002, 0.5%; or
c
if the vehicle is not of such a description and is first used on or after 1st July 2002, 0.3%.
3
In paragraph 3A —
a
the word “or” immediately after sub-paragraph (a) shall be omitted;
b
for sub-paragraph (b) there shall be substituted the following sub-paragraphs —
b
if the vehicle is not of such a description and is first used before 1st July 2002, 0.3%; or
c
if the vehicle is not of such a description and is first used on or after 1st July 2002, 0.2%.
4
For paragraph 8 there shall be substituted the following paragraph —
8
1
This Part of this Schedule applies to a vehicle if, when subjected to a relevant test, the coefficient of absorption of the exhaust emissions from the engine of the vehicle immediately after leaving the exhaust system exceeds —
a
if the vehicle is first used before 1st July 2008 and the engine of that vehicle is turbo-charged, 3.0 per metre;
b
if the vehicle is first used before 1st July 2008 and the engine of that vehicle is not turbo-charged, 2.5 per metre; or
c
if the vehicle is first used on or after 1st July 2008, 1.5 per metre.
2
In paragraph (1) “a relevant test” means a test conducted in accordance with —
a
point 8.2.2 of Annex II of Council Directive 96/96/ EC as replaced by Article 1 of Commission Directive 2003/27/EC ; or
b
point 2.2 of Annex II of Directive 2000/30/EC of the European Parliament and the Council as replaced by Article 1 of Commission Directive 2003/26/EC .
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
4th December 2003