type: legislation

jurisdiction: UK

text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) (No. 2) Regulations 2004.
2
These Regulations shall come into force on 1st April 2005.
3
In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 .
4
These Regulations extend to England and Wales .
Amendment of Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 15 of these Regulations.
Normal retirement
3
In regulation 25, delete paragraph (3A).
Redundancy etc.
4
In regulation 26(1), for “50” substitute “55”.
Other early leavers: deferred retirement benefits and elections for early payment
5
In regulation 31 —
a
in paragraph (1), for “50” substitute “55”;
b
in paragraph (4), delete the words from the beginning of the paragraph up to and including “is less than 85 years,”; and
c
in paragraph (7), delete the words from “or from such” to the end of the paragraph.
Re-employed and rejoining deferred members
6
In regulation 32(5)(a), for “29 and 31(4)” substitute “and 29”.
Power of employing authority to increase total membership
7
In regulation 52, after paragraph (10), insert —
11
An additional period arising from a resolution under this regulation on or after 1st April 2005 shall be treated as a period of membership after that date.
.
Payments to increase total membership
8
In regulation 55(10), for sub-paragraphs (a) and (b) substitute “his NRD ”.
Employer’s further payments
9
In regulation 80, after paragraph (4), insert —
5
The appropriate administering authority may require the employing authority concerned to make additional payments to the appropriate fund in respect of any extra charge on the fund resulting from a pension and retirement grant becoming immediately payable to a member under regulations 26, 31(1) or 31(6).
.
Commencement of pensions
10
In regulation 93(2), delete sub-paragraph (aa).
Right to count credited period
11
In regulation 122 —
a
in paragraph (4), delete the words from “or , if earlier” to the end of the paragraph; and
b
after paragraph (6), insert —
6A
A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who was a member immediately before 1st April 2005 shall be treated as a period of membership before that date.
6B
A credited period arising from a request to accept a transfer value under regulation 121 which is made by a person who becomes a member on or after 1st April 2005 shall be treated as a period of membership after that date.
.
Credited periods for transferring members with mis-sold pension rights
12
In regulation 122A , add at the end of paragraph (3) “(and regulation 122(6B) does not apply to a transfer value credited under this regulation)”.
Rights as to service not matched by credited period
13
In regulation 123(2), delete sub-paragraph (b).
Excluded membership
14
In Schedule 3, in paragraphs 7 and 8 of the Table, delete “or calculating NRD under regulation 25(3A)”.
Former members of the Metropolitan Civil Staffs Superannuation Scheme
15
In Schedule 7, in paragraph 2(4), for “for the words from the beginning of the paragraph to “is less than 85 years” substitute” substitute “add at the beginning”.
Transitional provisions and savings
16
The Schedule to these Regulations (transitional provisions and savings) shall have effect.
Right to opt out
17
1
Where —
a
apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position than he would otherwise be, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with 1st April 2005,
then the principal Regulations shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who —
a
ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
dies while in such employment,
before 1st April 2005.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State
17th December 2004


text:
1
This Order may be cited as the A2/A282 Trunk Roads (M25 Junction 2 Improvement) Slip Roads Order 2004 and shall come into force on 21st October 2004.
2
In this Order —
i
“the A2 Trunk Road” means the London — Dover Trunk Road (A2);
ii
“the A282 Trunk Road” means the Dartford Tunnel Southern Approach Road (A282);
iii
“the new trunk roads” means the slip roads;
iv
“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 A2 Trunk Road with the A282 Trunk Road at Junction 2 of the M25 motorway; and
v
“the plan” means the site plan contained in the plan folio numbered HA 10/OD/482, marked “The A2/A282 Trunk Roads (M25 Junction 2 Improvement) Slip Roads Order 2004”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT, Records Management Branch, Floor 13, (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
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 slip 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
Peter Wallwork
Divisional Director Highways Agency
22nd September 2004


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 4) Regulations 2004 and shall come into force on 1st October 2004.
Increase in fee
2
In paragraph 7(1) of Schedule 3 to the Road Vehicles (Registration and Licensing) Regulations 2002 for “£26.50” there shall be substituted “£35”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
5th August 2004


text:
1
1
This Order may be cited as the Trade Marks (International Registration) (Amendment) Order 2004.
2
This Order shall come into force on 5th May 2004 immediately after the Trade Marks (Amendment) Rules 2004 have come into force.
2
The Trade Marks (International Registration) Order 1996 shall be amended as follows.
3
In article 3 (entitlement to protection) for the words “5 to 8” there shall be substituted “5 to 8A”.
4
After article 9 there shall be inserted —
Notifications by the International Bureau of vague, incomprehensible or linguistically incorrect terms
9A
1
Where the International Bureau notifies the registrar, under Rule 13(2)(b) of the Common Regulations, that a particular term used to indicate any of the goods and services included in the international registration is too vague for the purposes of classification or is incomprehensible or is linguistically incorrect then the registrar may give notice of provisional refusal to the International Bureau in respect of that term.
2
Notice of provisional refusal shall specify a period within which the holder may make representations.
3
A holder making representations shall file an address for service in the United Kingdom on Form TM33.
.
5
For article 10 (publication, opposition proceedings and observations) there shall be substituted —
Publication, notice of opposition and observations
10
1
Where following examination under article 9 it appears to the registrar that the requirements of article 3 (entitlement to protection) are met in relation to all or some of the goods or services included in the international registration, the registrar shall publish a notice specifying particulars of the international registration and specifying the goods and services for which protection ought to be conferred.
2
Any person may, within three months of the date on which the notice was published under paragraph (1), give notice to the registrar of opposition to the conferring of protection.
3
Where a notice has been published under paragraph (1), any person may, at any time before protection has been conferred on the trade mark in accordance with article 12, make observations in writing to the registrar as to whether the trade mark should be protected; and the registrar shall inform the holder of any such observations.
A person who makes observations does not thereby become a party to proceedings in relation to the request for protection.
Opposition proceedings: filing of notice of opposition
10A
1
Notice of opposition to the conferring of protection given under article 10(2) shall be on Form TM7 which shall include —
a
a statement of the grounds of opposition; and
b
an address for service in the United Kingdom.
2
Where the opposition is based on a trade mark which has been registered, there shall be included in the statement of the grounds of opposition a representation of that mark and —
a
the details of the authority with which the mark is registered;
b
the registration number of that mark;
c
the classes in respect of which that mark is registered;
d
the goods and services in respect of which —
i
that mark is registered; and
ii
the opposition is based; and
e
where the registration procedure for the mark was completed before the start of the period of five years ending with the date the notice was published under article 10(1), a statement detailing whether during the period referred to in section 6A(3)(a) it has been put to genuine use in relation to each of the goods and services in respect of which the opposition is based or whether there are proper reasons for non-use (for the purposes of rule 13C (which has effect by virtue of article 10C(2)) this is the “statement of use”).
3
Where the opposition is based on a trade mark in respect of which an application for registration has been made, there shall be included in the statement of the grounds of opposition a representation of that mark and those matters set out in paragraph (2)(a) to (d), with references to registration being construed as references to the application for registration.
4
Where the opposition is based on an unregistered trade mark or other sign which the person opposing the application claims to be protected by virtue of any rule of law (in particular, the law of passing off), there shall be included in the statement of the grounds of opposition a representation of that mark or sign and the goods and services in respect of which such protection is claimed.
5
Where notice of opposition has been given, the registrar shall, within four months of the notice being published under article 10(1), give notice of provisional refusal to the International Bureau stating the grounds on which the opposition to the conferring of protection is based.
6
The registrar shall send a copy of Form TM7 to the holder and the date upon which this is done shall, for the purpose of article 10B, be the “notification date”.
Opposition proceedings: filing of counter-statement and cooling off period
10B
1
The holder shall, within the relevant period, file a Form TM8 which shall include —
a
a counter-statement; and
b
an address for service in the United Kingdom,
otherwise the registrar shall notify the International Bureau that the provisional refusal has been upheld.
2
Unless either paragraph (3) or (4) applies, the relevant period shall begin on the notification date and end three months after that date.
3
This paragraph applies where —
a
the holder and the person opposing the conferring of protection agree to an extension of time for the filing of Form TM8;
b
within the period of three months beginning on the notification date, either party files Form TM9c requesting an extension of time for the filing of Form TM8; and
c
during the period beginning on the date Form TM9c was filed and ending twelve months after the notification date, no notice to continue is filed on Form TM9t by the person opposing the conferring of protection,
and where this paragraph applies the relevant period shall begin on the notification date and end twelve months after that date.
4
This paragraph applies where —
a
a request for an extension of time for the filing of Form TM8 has been filed on Form TM9c; and
b
the person opposing the conferring of protection has filed a notice to continue on Form TM9t,
and where this paragraph applies the relevant period shall begin on the notification date and end one month after the date on which Form TM9t was filed or three months after the notification date, whichever is the later.
Opposition proceedings: application of the Trade Marks Rules 2000
10C
1
The registrar shall send a copy of Form TM8 to the person opposing the conferring of protection and, unless rule 13B (preliminary indication) applies (by virtue of paragraph (2)), the date upon which this is sent shall, for the purposes of rule 13C (evidence rounds) (which applies by virtue of paragraph (2)), be the “initiation date”.
2
Section 6A (raising of relative grounds in opposition proceedings in case of non-use) and rules 13B, 13C, 14 (decision of registrar in opposition proceedings), 36 (case management conference) and 37 (pre-hearing review) shall apply to the proceedings relating to the opposition to the conferring of protection as they apply to proceedings relating to opposition to an application for registration, but with the following modifications —
a
any reference to the applicant shall be construed as a reference to the holder;
b
any reference to the person opposing the registration shall be construed as a reference to the person opposing the conferring of protection;
c
any references to registration shall be construed as a reference to the conferring of protection;
d
any reference to the publication of the application shall be construed as a reference to publication of the notice under article 10(1);
e
any reference to an application for registration being deemed or treated as withdrawn shall be construed as meaning that the registrar shall notify the International Bureau that the provisional refusal has been upheld.
.
6
In article 11(4) (notices of provisional refusal) for the words “ or 10(3)” there shall be substituted “, 9A(1) or 10A(5)”.
7
1
Article 13 (revocation and invalidity) shall be amended as follows.
2
After paragraph (1) there shall be inserted —
1A
An address for service in the United Kingdom shall be filed by —
a
every applicant applying to the registrar for an international trade mark ( UK ) to be revoked or to be declared invalid; and
b
the holder of a protected international trade mark (UK) which is subject to such proceedings.
.
3
For paragraph (4) there shall be substituted —
4
The provisions of —
a
rules 31 to 31B apply in relation to the procedure on application for revocation on grounds of non-use;
b
rules 32 to 32B apply in relation to the procedure on application for revocation on grounds other than non-use; and
c
rules 33 to 33B apply in relation to the procedure on application for a declaration of invalidity;
save that any reference to the proprietor shall be construed to be a reference to the holder.
.
Transitional provisions
8
1
Any proceedings commenced under article 10 of the unamended Order where the holder —
a
has not filed Form TM8 before 5th May 2004 —
i
shall proceed under the unamended Order until the date upon which Form TM8 is filed by the holder; and
ii
shall proceed, subject to paragraph (2), under the amended Order from the point in time immediately after Form TM8 is filed;
b
has filed TM8 before 5th May 2004 shall proceed under the unamended Order; but where a new step is taken under such Order on or after 5th May 2004, the amended Order, subject to paragraph (2), shall apply to proceedings from the point in time immediately after that step is taken.
2
Article 10C(2) shall not apply rule 13C(1)(b) of the Trade Marks Rules 2000 to any proceedings commenced before the coming into force of this Order.
3
In this article —
“the unamended Order” means the Trade Marks (International Registration) Order 1996 in the form it was immediately prior to this Order coming into force;
“the amended Order” means the Trade Marks (International Registration) Order 1996 in the form it is after this Order has come into force.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
28th March 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Statutory Maternity Pay (Compensation of Employers) Amendment Regulations 2004.
2
These Regulations shall come into force on 6th April 2004 and shall have effect in relation to payments of statutory maternity pay made on or after that date.
Amendment of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994
2
In regulation 2(1) of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 (meaning of “small employer”) for “£40,000” there shall be substituted “£45,000”.
Amendment of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations (Northern Ireland) 1994
3
In regulation 2(1) of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations (Northern Ireland)1994 (meaning of “small employer”) for “£40,000” there shall be substituted “£45,000”.
Signed by authority of the Secretary of State for Work and Pensions.
P Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th March 2004
The Commissioners of Inland Revenue hereby concur.
Nick Montagu
Ann Chant
Two of the Commissioners of Inland Revenue
10th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the City of Sunderland (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“city” means the city of Sunderland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Sunderland (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Sunderland City Council.
Wards of the city of Sunderland
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-five wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Sunderland
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Sunderland City Council shall make a print of the map marked “Map referred to in the City of Sunderland (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Sunderland (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004


text:
Citation and commencement
1
This Order may be cited as the British Transport Police (Transitional and Consequential Provisions) Order 2004 and shall come into force on 1st July 2004.
Interpretation
2
In this Order —
“the 2003 Act ” means the Railways and Transport Safety Act 2003;
“the British Transport Police Force Scheme” means the scheme for the organisation of the transport police contained in the British Transport Police Force Scheme 1963 ; and
“the old transport police committee” means the British Transport Police Committee constituted under paragraph 4 of the British Transport Police Force Scheme.
First meeting of the Authority
3
1
The first meeting of the Authority shall be convened, and held at a place appointed, by the Chairman of the Authority.
2
Notice of the first meeting shall be published at the place where the meeting is to be held.
3
The notice to each member of the Authority to attend the first meeting shall be signed by the Chairman of the Authority.
4
At the first meeting of the Authority the Chairman of the Authority shall appoint a clerk to the Authority who shall exercise any functions falling to be exercised by the clerk of the Authority in relation to the meeting.
5
The procedures for the first meeting shall be determined by the Chairman of the Authority at the commencement of the meeting and, once determined, shall as far as practicable, apply to the remainder of the meeting.
Transitional provision about budget requirements and planning
4
1
For the purposes of the financial year beginning 1st April 2004 —
a
the budget set by the old transport police committee for the financial year beginning 1st April 2004, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been set by the Authority in compliance with the requirements of paragraph 19 of Schedule 4 to the 2003 Act;
b
the objectives for policing the railways set by the old transport police committee for the financial year beginning 1st April 2004, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been set by the Authority in compliance with the requirements of section 50 of the 2003 Act;
c
the plan setting out the proposed arrangements for policing the railways issued by the old transport police committee for the financial year beginning 1st April 2004, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been issued by the Authority in compliance with the requirements of section 52 of the 2003 Act; and
d
the strategic plan for the period 2003 to 2006 issued by the old transport police committee, in pursuance of its duties described in paragraph 4 of the British Transport Police Force Scheme, shall be deemed to have been issued by the Authority in compliance with the requirements of section 55 of the 2003 Act.
2
The Authority shall make its first estimate of the likely ratio of customers' contributions referred to in paragraph 20 of Schedule 4 to the 2003 Act on or before 1st April 2006.
Transitional provision about the Chief Constable, the Deputy Chief Constable and Assistant Chief Constables
5
1
The person, having been appointed under paragraph 3(a) of the British Transport Police Force Scheme, who holds the office of chief constable of the old transport police on 30 th June 2004 shall be treated as having been appointed Chief Constable of the Police Force by the Authority under sections 21(1) and (2) of the 2003 Act.
2
The person, having been appointed under paragraph 3(e) of the British Transport Police Force Scheme, who holds the rank of deputy chief constable of the old transport police on 30th June 2004 shall be treated as having been appointed Deputy Chief Constable of the Police Force by the Authority under sections 22(1) and (2) of the 2003 Act.
3
A person, having been appointed under paragraph 3(e) of the British Transport Police Force Scheme, who holds the rank of assistant chief constable in the old transport police on 30th June 2004 shall be treated as having been appointed Assistant Chief Constable of the Police Force by the Authority under sections 23(1) and (2) of the 2003 Act.
Constables, special constables and civilian employees
6
1
Subject to paragraphs (5) and (6), every person including every constable —
a
who immediately before 1st July 2004 is employed by the Strategic Rail Authority;
b
whose employment is wholly or mainly concerned or connected with the policing of the railways; and
c
who, but for the provisions of this Order, would continue to be so employed,
shall transfer to and become an employee of the Authority on 1st July 2004.
2
Subject to paragraph (5) and (7), every special constable —
a
who immediately before 1st July 2004 is serving in the old transport police; and
b
who, but for the provisions of this Order, would continue to so serve,
shall transfer to and become a special constable of the Authority on 1st July 2004.
3
The contract of employment between the Strategic Rail Authority and a constable or other person who is transferred to the Authority in consequence of paragraph (1) shall be deemed to have effect from 1st July 2004 as if it had been made between the Authority and that constable or other person.
4
The service of a special constable who is transferred in consequence of paragraph (2) shall be deemed to have effect from 1st July 2004 as if he had been appointed to be a special constable by the Authority.
5
Where there is a dispute between the Strategic Rail Authority and the Authority as to whether a person transfers to the Authority pursuant to paragraph (1) or a special constable transfers to the Authority pursuant to paragraph (2), that person or that special constable shall not so transfer and —
a
the Strategic Rail Authority and the Authority may jointly appoint a person to determine the dispute in accordance with article 8; or
b
if the Strategic Rail Authority and the Authority are unable to agree that the dispute should be so determined or on the person to be appointed, either of them may request the Secretary of State to appoint such a person to determine the dispute in accordance with article 8.
6
The contract of employment between the Strategic Rail Authority and a constable or other person who is transferred to the Authority after a determination under article 8 shall be deemed to have effect from the date of that determination as if the contract of employment had been made between the Authority and that constable or other person.
7
The service of a special constable who is transferred to the Authority after a determination under article 8 shall be deemed to have effect from the date of that determination as if that special constable had been appointed by the Authority.
8
Where a person employed by the Strategic Rail Authority becomes an employee of the Authority by virtue of this article —
a
for the purposes of Part XI of the Employment Rights Act 1996, he shall not be regarded as having been dismissed by the Strategic Rail Authority by virtue of the transfer; and
b
for the purposes of that Act, his period of employment with the Strategic Rail Authority counts as a period of employment with the Authority and the change of employment does not break the continuity of the period of employment.
Transfer of property, rights and liabilities from the Strategic Rail Authority to the Authority
7
1
On or as soon as practicable after 1st July 2004 the Strategic Rail Authority and the Authority shall use their best endeavours to agree in writing —
a
which property, rights and liabilities including rights and liabilities in connection with any pending legal proceedings it is fair and reasonable to transfer from the Strategic Rail Authority to the Authority to enable the Authority to carry out its functions; and
b
which of such property, rights and liabilities are to transfer on the date the agreement takes effect and which are to transfer on such later date as may be specified in the agreement.
2
An agreement under this article may —
a
indicate those matters about which agreement is still to be reached;
b
provide for a variation in the transfer of property, rights or liabilities in circumstances specified in the agreement; and
c
provide for the apportionment of property, rights or liabilities between the Strategic Rail Authority and the Authority.
3
The property, rights and liabilities referred to in paragraph (1) shall transfer from the Strategic Rail Authority to the Authority on the date specified in the agreement referred to in that paragraph.
4
Where there is a dispute between the Strategic Rail Authority and the Authority as to which property, rights and liabilities should be transferred —
a
the Strategic Rail Authority and the Authority may appoint a person to determine the dispute in accordance with article 8; or
b
if the Strategic Rail Authority and the Authority are unable to agree that the dispute should be so determined or on the person to be appointed either of them may request the Secretary of State to appoint such a person to determine the dispute in accordance with article 8.
5
This article shall have effect and be binding on all other persons in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would —
a
prevent or restrict the transfer of the property, rights or liabilities otherwise than by this article; or
b
require the consent or concurrence of another person.
6
Where immediately before 1st July 2004 there is in force an agreement which confers or imposes on the Strategic Rail Authority rights or liabilities which are transferred to the Authority by virtue of this Order that agreement shall have effect on and after that date as if —
a
the Authority had been a party to the agreement;
b
for a reference (in whatever terms and whether express or implied) to the Strategic Rail Authority there were substituted, in relation to anything falling to be done on or after that date, a reference to the Authority; and
c
for a reference (in whatever terms and whether express or implied) to a particular officer or a particular employee of the Strategic Rail Authority, not being a party to the agreement and beneficially interested in it, there were substituted, in relation to anything falling to be done under the agreement on or after that date a reference to such person as the Authority may appoint.
Determinations by appointed person
8
1
In this article the expression “the appointed person” means the person appointed under article 6(5) or article 7(4).
2
Where a person has been appointed under article 6(5) he shall as soon as practicable after his appointment proceed to determine whether the person who is the subject of the dispute falls within article 6(1)(a), (b) and (c) or article 6(2)(a) and (b).
3
Where a person has been appointed under article 7(4) he shall as soon as practicable after his appointment proceed to determine which (if any) transfers of property, rights and liabilities from the Strategic Rail Authority to the Authority it is fair and reasonable to make.
4
Where a person appointed under article 7(4) determines that a transfer shall be made, he may —
a
draw up an instrument to give effect to his determination; or
b
order either or both parties to the dispute to draw up such instrument,
and any such instrument shall specify the date on which the transfer is to take effect.
5
The appointed person shall not determine a dispute under this article unless —
a
the parties to it have been afforded an opportunity to make written or, if a party to the dispute so requests, oral representations; and
b
the appointed person has considered any such representations.
6
Any oral representations shall be made at a hearing on a date appointed by the appointed person after consultation with the parties to the dispute.
7
The parties to the dispute shall have the right to be legally represented.
8
The rate of remuneration and expenses to be paid to the appointed person following his appointment —
a
may be agreed between the appointed person and the parties to the dispute; or
b
in the absence of such agreement, shall be determined by the Secretary of State.
9
The appointed person may make such determination of costs against a party to the dispute as he considers appropriate.
10
The appointed person shall record his determination in writing.
Transfer of pensions
9
1
In this article —
a
“the British Transport Police Force Superannuation Fund” means the funds deemed under Section 31(1) of the British Railways Act 1982 to have been amalgamated on 30th December 1974 into one fund known as the British Transport Police Force Superannuation Fund by a trust deed made by the British Railways Board on that date, as amended by supplemental trust deeds dated 20th February 1978, 3rd July 1978 and 14th January 1987, and by paragraph 2 of Schedule 3 to the Railways Pensions (Transfer and Miscellaneous Provisions) Order 1994 ;
b
“the trust deed and rules” means the trust deed and rules of the British Transport Police Force Superannuation Fund dated 30th December 1974, as amended by deeds dated 2nd November 1993, 16th October 1997, 3rd December 1997, 21st December 1998, 2nd March 1999, 22nd December 1999, 31st August 2000, 15th December 2000, 30th June 2003, 30th March 2004 and 5th May 2004; and
c
the “Railways Pension Scheme” means the Railways Pension Scheme established by the Railways Pension Scheme Order 1994 .
2
On 1st July 2004 there shall be transferred to, and vest in, the Authority all the powers, duties and obligations of the Strategic Rail Authority in relation to the British Transport Police Force Superannuation Fund.
3
The trust deed and rules shall be amended in accordance with the following sub-paragraphs —
a
in clause 13, after paragraph (c) add —
d
may be made to the retirement pensions and other benefits without the consent of the Secretary of State.
;
b
in clause 15(1)(a) for the words “a corporation the chairman and members of which are appointed by a Secretary of State ” substitute “the British Transport Police Authority”;
c
in clause 15(1)for the words “then the Joint Fund” substitute “then, provided the Secretary of State has given his consent, the Joint Fund”;
d
in clause 45(4) of the 1970 rules contained in schedule 1 to the trust deed and rules, for the words “a corporation, the chairman and members of which are appointed by a Secretary of State” substitute “the British Transport Police Authority”; and
e
in clause 31(2) of the 1968 rules contained in schedule 2 to the trust deed and rules, for the words “a corporation, the chairman and members of which are appointed by a Secretary of State” substitute “the British Transport Police Authority”.
4
Immediately upon the establishment of the Authority and in accordance with clause 3B of the Railways Pension Scheme the Authority shall enter into a deed with the Railways Pension Trustee Company Limited in the form contained in the Schedule to this Order which shall establish a new section of the Railways Pension Scheme which shall be known as The British Transport Police Shared Cost Section.
Transitional and consequential provision about police services agreements
10
1
In this article —
a
“an agreement for police services” means an agreement approved by the Secretary of State with the employer of the old transport police for the provision to the licence holder of services specified for the time being as core services in the code issued by the old transport police committee;
b
“licence holder” means a person to whom a licence has been granted under section 8 of the Railways Act 1993 ; and
c
“railway services” has the same meaning as in section 82 of the Railways Act 1993.
2
An agreement for police services entered into before 1st July 2004 by the Strategic Rail Authority with a person providing railway services shall be deemed to be a police services agreement entered into by the Authority and that person under the provisions of section 33 of the 2003 Act.
3
In a licence granted under section 8 of the Railways Act 1993 before the 1st July 2004 a condition requiring the licence holder to enter into an agreement for police services shall cease to have effect.
Transitional provisions about police regulations
11
1
An agreement made before 1st July 2004 —
a
under section 133 of the Railways Act 1993; or
b
after consultation with an organisation recognised by the Secretary of State as representing employees within the ranks of superintendent, chief superintendent, assistant chief constable, deputy chief constable or chief constable of the old transport police,
relating to rates of pay, hours of duty or conditions of service of the old transport police shall be deemed to be regulations made by the Authority under sections 36 and 40 of the 2003 Act.
2
The Special Constables Regulations 1965 , in relation to a special constable serving in England and Wales, and the Police (Special Constables) (Scotland) Regulations 1966 , in relation to a special constable serving in Scotland, shall apply to a special constable serving in the Police Force so far as they are relevant to such service and until such time as the Authority makes regulations under section 37 of the 2003 Act.
3
The machinery of negotiation of the British Transport Police Federation established by an agreement dated 14th February 1992 and made between the British Railways Board and the British Transport Police of the one part and the British Transport Police Federation of the other part , as varied before 1st July 2004, shall apply in respect of the British Transport Police Federation until such time as the Authority makes regulations under section 39 of the 2003 Act.
Consequential amendments
12
1
For the words “Strategic Rail Authority” substitute the words “British Transport Police Authority” in the following provisions of the following enactments —
a
sections 11(5) and 11(7) of the Police (Scotland) Act 1967 ;
b
section 54(3B)(b) of the Firearms Act 1968 ;
c
section 25(1A) of the Police Act 1996 ;
d
sections 14(2) and 14(5) of the Channel Tunnel Act 1987 ; and
e
section 6(1) of the Police and Criminal Evidence Act 1984 .
2
In the Police (Scotland) Act 1967 —
a
for section 12(6)(c) substitute —
c
The British Transport Police Authority shall be treated as if it were the police authority maintaining that Force for the purposes of subsections (1), (2) and (3) of this section .
; and
b
for section 12(6)(d) substitute —
d
“police area” in relation to the British Transport Police Force and the British Transport Police Authority means the area described in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.
.
3
In the Criminal Justice and Public Order Act 1994 —
a
for section 60(9A) substitute —
9A
The preceding provisions of this section, so far as they relate to an authorisation by a member of the British Transport Police Force (including one who for the time being has the same powers and privileges as a member of a police force for a police area), shall have effect as if the references to a locality in his police area were references to a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.
; and
b
the definition of “policed premises” in section 60(11) shall be repealed.
4
In the Police Act 1996 —
a
for section 23(7A)(d) substitute —
d
the British Transport Police Authority shall be treated as if it were the police authority maintaining that Force for the purposes of subsections (1), (2), (3), and (7).
; and
b
for section 24(4A) substitute —
4A
This section shall apply in relation to the British Transport Police Authority, the British Transport Police Force and the Chief Constable of that Force as it applies to a police authority, a police force and a chief officer of police respectively; and for that purpose the reference in subsection (3) to section 10(1) shall be construed as including a reference to section 24(2) of the Railways and Transport Safety Act 2003.
.
5
In the Crime and Disorder Act 1998 —
a
for section 1(1B)(c)(i) substitute —
i
“persons who are within or likely to be within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in a local government area; or
;
b
for section 1(1B)(c) (ii) substitute —
ii
persons who are within or likely to be within such a place;
;
c
for section 16(3A) substitute —
3A
Subsection (2) shall have effect in relation to The British Transport Police Force; and for that purpose the reference to any area falling within the police area shall be treated as a reference to any area in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003.
; and
d
the definition of “policed premises” in sections 1(12) and 16(5) shall be repealed.
6
In the Terrorism Act 2000 —
a
for section 34(1A) substitute —
1A
A designation under section 33 may be made in relation to an area (outside Northern Ireland) which is in a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act, by a member of the British Transport Police Force who is of at least the rank of superintendent.
;
b
for section 34(1B)(c) substitute —
c
if a request has been made under paragraph (c) of that subsection in relation to a terrorist investigation and it is a place described in subsection 1A of this section.
;
c
for section 44(4A) substitute —
4A
In a case (within subsection (4)(a), (b) or (c) in which the specified area or place is in a place described in section 34(1A), an authorisation may also be given by a member of the British Transport Police Force who is of at least the rank of assistant chief constable.
; and
d
the definition of “policed premises” in section 121 shall be repealed.
7
In the Police Reform Act 2002 —
a
for section 43(2) substitute —
2
A railway safety accreditation scheme is a scheme for the exercise, within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in England and Wales, by persons accredited by the chief constable of the British Transport Police Force under the scheme, of the powers conferred on those persons by their accreditation under that scheme.
;
b
in section 43(9)(d), for the words “British Transport Police Committee” substitute the words “British Transport Police Authority”; and
c
the definition of “policed premises” in section 43(10) shall be repealed.
8
The British Transport Police Force Scheme 1963 (Approval) Order 1964 shall be revoked.
9
For article 3(b) of the Independent Police Complaints Commission (Forces Maintained Otherwise than by Police Authorities) Order 2004 substitute —
b
any employee of the British Transport Police Authority; and
.
10
In the Railway Safety Accreditation Scheme Regulations 2004 —
a
in regulation 2, for the definition of “Police Force” substitute —
“Police Force” means the British Transport Police Force;
;
b
the definition of “the British Transport Police Committee” shall be revoked;
c
the definition of “the British Transport Police Force Scheme” shall be revoked;
d
in regulation 2, after the definition of the 1949 Act, add the following definition —
“the jurisdiction of a constable of the Police Force” means the jurisdiction of a constable in a place described in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 ;
;
e
in regulation 4(a) for the words “British Transport Police Committee” substitute “British Transport Police Authority”;
f
in regulations 5 and 6(1)(b) and in paragraph 10(1) of the Schedule for the words “policed premises” substitute “premises falling within the jurisdiction of a constable of the Police Force”;
g
for the words “in, on or in the vicinity of policed premises” in paragraphs 1(1), 1(4), 2(1), 3, 4, 5, 6(1), 7, 8, 9 and 11 of the Schedule substitute “on premises falling within the jurisdiction of a constable of the Police Force”; and
h
paragraph 2(4) of the Schedule is revoked.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
21st June 2004


text:
Citation, commencement and interpretation
1
1
These Rules may be cited as the Greater London Authority Elections (Amendment) Rules 2004 and shall come into force on 1st March 2004.
2
In these Rules “the GLA Elections Rules ” means the Greater London Authority Elections ( No. 2) Rules 2000 .
Amendment of the GLA Elections Rules
2
1
The GLA Elections Rules are amended as follows.
2
For rule 5 (returning officers: duties at ordinary elections) substitute —
Returning officers duties
5
1
At an ordinary election it shall be the duty of returning officers to co-operate with each other in the discharge of their functions.
2
Where a poll is to be taken —
a
for the return of the London members; or
b
for the return of the Mayor,
it shall be the duty of constituency returning officers to take, and verify the ballot papers at, the poll (or each poll if both are to be taken) and to count the votes cast in that poll (or each poll, if both are to be taken).
3
Without prejudice to paragraphs (1) and (2), the Greater London returning officer may give to any constituency returning officer directions relating to the discharge of any of the functions of the constituency returning officer, including directions requiring the provision to the Greater London returning officer of any information which the constituency returning officer has or is entitled to have.
4
It shall be the duty of each person to whom directions are given under paragraph (3) to discharge his functions in accordance with the directions.
3
For rule 8 (combination of polls) substitute —
Combination of polls
8
1
This rule applies where an election —
a
for the return of the Mayor; or
b
for the return of an Assembly member,
is taken together with —
i
the poll at a parliamentary election, European Parliamentary election or local government election (other than a GLA election) under section 15(1) or (2) of the Representation of the People Act 1985 ; or
ii
the poll at a local authority mayoral election or referendum in accordance with regulations made under sections 44 and 105, or 45 and 105, of the Local Government Act 2000 .
2
For rule 3 substitute —
Rules for Greater London Authority elections at combined polls
3
1
The Constituency Members Election Rules in Schedule 8 shall have effect for the purposes of the election of constituency members of the London Assembly whether at an ordinary election or in the circumstances mentioned in section 10 (filling a vacancy in an Assembly constituency) of the Greater London Authority Act 1999 .
2
The London Members Election Rules in Schedule 9, with the exception of Part VII, shall have effect for the purposes of the allocation of seats for London members at any ordinary election; and Part VII of those Rules shall have effect for the purposes of section 11 (filling a vacancy among the London members) of the Greater London Authority Act 1999.
3
The Mayoral Election Rules in Schedule 10 shall have effect for the purposes of —
a
the election of the Mayor of London; and
b
any election under subsection (2) of section 16 (filling a vacancy in the office of Mayor ) of the Greater London Authority Act 1999.
4
Schedules 1 to 4 shall not apply.
5
In rule 6 (electronic counting of votes) for “Schedule 6” substitute “Schedule 11”.
6
Schedule 11 (modifications to rules at combined polls (Schedules 8 to 10) where votes counted by electronic means) shall apply.
7
Any reference to the Constituency Members Election Rules, the London Members Election Rules or Mayoral Election Rules in the GLA Elections Rules shall be construed as a reference to the corresponding version of those Rules in Schedule 8, 9 or 10.
8
Any reference to the Ordinary Elections Rules in the GLA Elections Rule shall be construed as a reference to the version of the Constituency Members Election Rules, London Members Election Rules or Mayoral Election Rules in Schedule 8, 9 or 10
.
4
After rule 8 (combination of polls), insert —
9
Schedule 12 shall have effect.
5
Schedule 1 (the Constituency Members Election Rules) shall be amended as shown in Schedule 1 to these Rules.
6
Schedule 2 (the London Members Election Rules) shall be amended as shown in Schedule 2 to these Rules.
7
Schedule 3 (the Mayoral Election Rules) shall be amended as shown in Schedule 3 to these Rules.
8
Schedule 5 (forms) shall be amended as shown in Schedule 4 to these Rules.
9
For Schedule 8 (modifications to apply where the poll at a GLA election is taken together with the poll at another election under section 15(1) or (2) of the Representation of the People Act 1983) there shall be substituted the Schedules shown in Schedule 5 to these Rules.
10
After Schedule 11 as inserted by these Rules, there shall be inserted Schedule 12 as set out in Schedule 6 to these Rules.
Revocations
3
Rule 7 of and Schedule 7 to the GLA Elections Rules (amendment of the Local Elections (Principal Areas) Rules 1986) are revoked.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
4th February 2004
Office of the Deputy Prime Minister


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Amendment) (England) Regulations 2004 and come into force on 1st September 2004.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) Regulations 1997
2
1
The Education (Assisted Places) Regulations 1997 are amended as follows.
2
In regulation 10(4) and (6), substitute “£1,540” for “£1,500” in each place where it appears.
3
In paragraph 1 of Schedule 2, substitute “£11,935” for “£11,626”.
4
For the table following paragraph 2(1) of that Schedule substitute the following table —
Table
(1) Part of relevant income to which specified percentage applies (2) Only assisted pupil(%) (3) Each of two assisted pupils (%) Each of three assisted pupils (%)
That part (if any) which exceeds £11,769 but does not exceed £12,797 9 6.75 5.25 That part (if any) which exceeds £12,797 but does not exceed £13,842 12 9 7 That part (if any) which exceeds £13,842 but does not exceed £15,913 15 11.25 8.75 That part (if any) which exceeds £15,913 but does not exceed £19,108 21 15.75 12.25 That part (if any) which exceeds £19,108 but does not exceed £23,272 24 18 14 That part (if any) which exceeds £23,272 33 24.75 19.25
David Miliband
Minister of State,
Department for Education and Skills
22nd July 2004


text:
1
1
This Order may be cited as the Crime and Disorder Strategies (Prescribed Descriptions) (England) Order 2004 and shall come into force on 23rd February 2004.
2
This Order shall apply to England only.
2
1
This article prescribes the descriptions of persons or bodies set out in paragraph (2) below for the purposes of section 5(2) of the Crime and Disorder Act 1998.
2
Those persons or bodies are, as respects each local government area —
a
a parish council in that local government area;
b
a National Health Service Trust established under Part 1 of the National Health Service and Community Care Act 1990 which manages a hospital within the meaning of that Part, establishment or other facility in that local government area;
c
the governing body of a school, within the meaning of section 4(1) of the Education Act 1996 , in that local government area maintained by a local education authority;
d
the proprietor of an independent school, within the meaning of section 463 of that Act, in that local government area; and
e
the governing body of an institution within the further education sector, as defined in section 91 of the Further and Higher Education Act 1992 .
3
1
This article prescribes for the purposes of section 5(3) of the Crime and Disorder Act 1998 the descriptions of persons or bodies at least one of each of which must be invited by responsible authorities to participate in their exercise of the functions conferred by section 6 of that Act.
2
The following descriptions of persons or bodies are prescribed for those purposes in relation to each local government area in England —
a
a social landlord, registered under Part 1 of the Housing Act 1996 , which is a landlord of accommodation in that local government area;
b
the Drug Action Team or the Drug and Alcohol Action team established in respect of the area which includes that local government area;
c
a Training and Enterprise Council, as defined in paragraph (3) below, which provides assistance to persons who reside within the local government area;
d
a voluntary organisation operating in that local government area whose objects are to provide assistance to young persons through youth work or informal education;
e
the Crown Prosecution Service;
f
a Court Manager of the Crown Court;
g
a magistrates' court committee for an area any part of which is within that local government area;
h
a representative of Neighbourhood Watch Schemes in the local government area;
i
a member of a Victim Support Scheme in that local government area which is affiliated to the National Association of Victim Support Schemes;
j
the service police, as defined in paragraph (4) below, where any military establishment is within that local government area;
k
the Ministry of Defence police, where any place to which section 2(2) of the Ministry of Defence Police Act 1987 applies is within that local government area;
l
a body which provides school transport within that local government area;
m
a body which provides or operates public transport within that local government area;
n
a Passenger Transport Authority, within the meaning of section 9 of the Transport Act 1968 , for an area any part of which is in that local government area;
o
a Passenger Transport Executive within the meaning of section 9 of the Transport Act 1968, for an area any part of which is in that local government area;
p
Transport for London where that local government area is a London borough;
q
in respect of each of the following descriptions, a body which promotes the interests of, or provides services to, persons of that description within that local government area —
i
women;
ii
the young, including children;
iii
the elderly;
iv
the physically and mentally disabled;
v
those of different racial groups within the meaning of section 3(1) of the Race Relations Act 1976 ;
vi
homosexuals;
vii
residents;
r
a body not falling within sub-paragraph (q) above, one of whose purposes is to reduce crime and disorder in that local government area;
s
a body established for religious purposes within that local government area;
t
a company or partnership which has a place of business within that local government area;
u
a body established to promote retail business in that local government area;
v
a trade union, within the meaning of section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 ;
w
a registered medical practitioner who is —
i
providing general medical services in that local government area in accordance with arrangements made under section 29 of the National Health Service Act 1977 ; or
ii
performing personal medical services in that local government area in accordance with arrangements made under section 28C of that Act;
x
a body which is representative of registered medical practitioners who are —
i
providing general medical services in that local government area; or
ii
performing personal medical services in that local government area;
y
a governing body of an institution within the higher education sector, as defined in section 91 of the Further and Higher Education Act 1992, in that local government area;
z
the chief officer of the fire brigade for an area any part of which lies within that local government area;
aa
the British Transport Police.
3
In paragraph (2)(c) above, “Training and Enterprise Council” means a body with whom the secretary of State has made arrangements under section 2 of the Employment and Training Act 1973 for the purpose of assisting persons to select, train for, obtain or retain employment.
4
In paragraph (2)(j) above, “service police” means the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police, the Royal Air Force Police or the Royal Air Force Provost Marshall.
4
The following Orders are hereby revoked to the extent that they apply to England —
a
the Crime and Disorder Strategies (Prescribed Descriptions) Order 1998 ;
b
the Crime and Disorder Strategies (Prescribed Descriptions)(Amendment) Order 1998 ;
c
the Crime and Disorder Strategies (Prescribed Descriptions)(Amendment) Order 1999 ; and
d
the Crime and Disorder Strategies (Prescribed Descriptions)(Amendment) Order 2000 .
Hazel Blears
Minister of State
Home Office
22nd January 2004


text:
1
This Order may be cited as the Value Added Tax (Refund of Tax to Museums and Galleries) (Amendment) Order 2004 and comes into force on 1st August 2004.
2
The Value Added Tax (Refund of Tax to Museums and Galleries) Order 2001 is amended in accordance with articles 3 to 6.
3
In column 2 of the Schedule, opposite the entry in column 1 for “Science Museum” and below the entry in column 2 for “National Coal Mining”, insert —
Locomotion, The National Railway Museum at Shildon
Shildon
County Durham DL4 1PQ.
4
In column 2 of the Schedule, opposite the entry in column 1 for “National Museums & Galleries of Wales” and below the entry in column 2 for “Collections Centre Nantgarw”, insert —
National Waterfront Museum Swansea
Maritime Quarter
Victoria Road
Swansea SA1 1SN
.
5
In column 3 of the Schedule, opposite the entry inserted by article 3, insert “10th February 2003”.
6
In column 3 of the Schedule, opposite the entry inserted by article 4, insert “18th October 2001”.
Nick Anger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
6th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Freedom of Information (Time for Compliance with Request) Regulations 2004 and come into force on 1st January 2005.
Interpretation
2
In these Regulations, “ the Act ” means the Freedom of Information Act 2000.
Governing body of a maintained school or maintained nursery school and schools maintained by the Secretary of State for Defence
3
1
This regulation applies–
a
to a request for information that is received by the governing body of a maintained school or a maintained nursery school ; and
b
to a request for information which is held by the public authority only by virtue of the information being situated in a school which is maintained by the Secretary of State for Defence and which provides primary or secondary education, (or both primary and secondary education).
2
Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as if any reference to the twentieth working day following the date of receipt were a reference to either–
a
the twentieth working day following the date of receipt, disregarding any working day which, in relation to the school referred to in paragraph (1), is not a school day, or
b
the sixtieth working day following the date of receipt,
whichever occurs first.
3
“School day”, for the purposes of this regulation, means any day on which, at the school referred to in paragraph (1) above, there is a session.
Archives
4
1
This regulation applies where–
a
a request for information is received by an appropriate records authority or by a person at a place of deposit appointed under section 4(1) of the Public Records Act 1958 ; and
b
the request relates wholly or partly to information:
i
that may be contained in a transferred public record, and
ii
that has not been designated as open information for the purposes of section 66 of the Act.
2
Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as if any reference to the twentieth working day following the date of receipt were a reference to the thirtieth working day following the date of receipt.
Operations of armed forces of the Crown
5
1
This regulation applies, in relation to a request for information, where–
a
a public authority cannot comply with section 1(1) of the Act without obtaining information (whether or not recorded) from any individual (whether or not a member of the armed forces of the Crown) who is actively involved in an operation of the armed forces of the Crown, or in the preparations for such an operation, and
b
for that reason, the public authority would not be able to obtain the information within such time as to enable it to comply with the request within the time referred to in subsections (1) and (2) of section 10 of the Act.
2
Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as if any reference to the twentieth working day following the date of receipt were a reference to such other day, not being later than the sixtieth working day following the date of receipt, as the Information Commissioner may specify in accordance with paragraph (3).
3
Where–
a
the public authority applies to the Information Commissioner for specification of a day in accordance with this regulation, and
b
that application is made within twenty working days following the date of receipt of the request,
the Information Commissioner shall specify such day as he considers reasonable in all the circumstances.
Information held outside the United Kingdom
6
1
This regulation applies to a request for information which–
a
may
i
relate to information not held in the United Kingdom, or
ii
require information (including information held by a person who is not a public authority) that is not held in the United Kingdom to be obtained in order to comply with it, and
b
for that reason, the public authority would not be able to obtain the information within such time as to enable it to comply with the request within the time referred to in subsections (1) and (2) of section 10 of the Act.
2
Where this regulation applies, subsections (1) and (2) of section 10 of the Act have effect as is any reference to the twentieth working day following the date of receipt were a reference to such other day, not being later than the sixtieth working day following the date of receipt, as the Information Commissioner may specify in accordance with paragraph (3).
3
Where–
a
the public authority applies to the Information Commissioner for specification of a day in accordance with this regulation, and
b
that application is made within twenty working days following the date of receipt of the request,
the Information Commissioner shall specify such day as he considers reasonable in all the circumstances.
Signed by authority of the Secretary of State
Cathy Ashton
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 16th December 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Adventure Activities (Enforcing Authority) Regulations 2004 and shall come into force on 9th June 2004.
2
In these Regulations, “the 2004 Regulations ” means the Adventure Activities Licensing Regulations 2004 .
Application of Health and Safety (Enforcing Authority) Regulations 1998
2
1
The Health and Safety (Enforcing Authority) Regulations 1998 shall, subject to paragraph (2) below, apply in respect of the enforcement of the 2004 Regulations.
2
Where, by virtue of paragraph (1) above, a local authority is responsible for the enforcement of the 2004 Regulations in relation to premises, it shall be responsible for such enforcement in relation to the provision of facilities for adventure activities (within the meaning of the 2004 Regulations)–
a
at those premises; and
b
from those premises if the premises are, at the time in question, primarily used for, or as a base for, the provision of instruction or leadership in sporting, recreational or outdoor activities;
and references in the said Regulations of 1998 to an enforcing authority for premises shall be construed accordingly.
Revocation
3
The Adventure Activities (Enforcing Authority and Licensing Amendment) Regulations 1996 are hereby revoked.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
14th May 2004


text:
Title and commencement
1
These Regulations may be cited as the Home Energy Efficiency Scheme (England) (Amendment) Regulations 2004 and come into force on 15th October 2004.
Amendment of the Home Energy Efficiency Scheme (England) Regulations 2000
2
In regulation 4(1)(e) of the Home Energy Efficiency Scheme (England) Regulations 2000 for the figure “£14,200” substitute “£14,600”.
Signed by authority of the Secretary of State
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
8th September 2004
We consent,
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th September 2004


text:
1
This Order may be cited as the Tyne Metropolitan College (Incorporation) Order 2004 and shall come into force on 1st January 2005 (“the commencement date”).
2
There shall be established as from the commencement date a body corporate called “Tyne Metropolitan College”, for the purpose of establishing and conducting as from the operative date a new educational institution of that name.
3
The operative date in relation to the further education corporation established by this Order shall be 1st March 2005, and the corporation shall conduct Tyne Metropolitan College from that date.
Kim Howells
Minister of State
Department for Education and Skills
25th November 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Fireworks Regulations 2004 and, except for regulations 9 and 11, shall come into force on 7th August 2004.
2
Regulations 9 and 11 shall come into force on 1st January 2005.
3
These Regulations shall not extend to Northern Ireland.
4
Regulation 7 of these Regulations shall not extend to Scotland.
Revocation of the Fireworks Regulations 2003
2
The Fireworks Regulations 2003 are revoked.
Interpretation
3
In these Regulations —
“adult firework” means —
any firework which does not comply with the relevant requirements of Part 2 of BS 7114 when tested in accordance with the appropriate test method (if any) in Part 3 of BS 7114; or
any firework (except for a cap, cracker snap, novelty match, party popper, serpent, sparkler or throwdown) which does comply with those requirements;
“amorce” means a firework which is a percussion cap designed for use in toys, which comprises a paper envelope containing a dot of impact-sensitive pyrotechnic composition and which forms part of a roll;
“assembly” means an assembly which includes any firework;
“BS 7114” means the British Standard Specification comprising the following parts —
BS 7114: Part 1: 1988, the British Standard Specification for classification of fireworks published on 30th November 1988 ;
BS 7114: Part 2: 1988, the British Standard Specification for fireworks published on 30th November 1988 ; and
BS 7114: Part 3: 1988, the British Standard Specification for methods of test for fireworks published on 30th November 1988 ;
and references to Parts 1, 2 and 3 of BS 7114 shall be construed accordingly;
“BS EN 61672” means the British Standard Specification comprising the following parts —
BS EN 61672-1:2003, “Electroacoustics. Sound Level Meters. Specifications”, published on 25th March 2003 ; and
BS EN 61672-2:2003, “Electroacoustics. Sound Level Meters. Pattern Evaluation Tests”, published on 11th July 2003 ;
“cap” means a firework (including an amorce) designed for use in toys which comprises a non-metallic envelope or cup containing a dot of impact-sensitive pyrotechnic composition, and which produces a report when it is hit;
“category 3 firework” means a firework classified as category 3 under Part 1 of BS 7114;
“category 4 firework” means a firework classified as category 4 under Part 1 of BS 7114;
“cracker snap” means a firework —
which comprises two overlapping strips of card or paper with a friction-sensitive explosive composition in sliding contact with an abrasive surface; and
which produces a report when pulled apart;
“explosives” has the same meaning as in the Explosives Act 1875
“local licensing authority” means in relation to —
the City of London, the Common Council for the City of London;
an area in the rest of London, the London Borough Council for that area;
an area where there is a fire and civil defence authority, that authority;
the Isles of Scilly, the Council of the Isles of Scilly;
an area in the rest of England, the county council for that area or where there is no county council for that area, the district council for that area;
an area in Scotland, the council for the local government area; and
an area in Wales, the county council or the county borough council for that area;
“novelty match” means a firework comprising a match with a dot of pyrotechnic composition which is designed to be held in the hand while functioning and whose functioning involves a report or the production of visual effects, or both;
“party popper” means a firework comprising a device —
which is designed to be held in the hand while functioning;
which is operated by a pull-string with an abrasive surface in sliding contact with a friction-sensitive pyrotechnic composition; and
whose functioning involves a report with the ejection of streamers or confetti, or both;
“pyrotechnic composition” means a substance or a mixture of a substance designed to produce an effect by heat, light, sound, gas or smoke or a combination of these as the result of non-detonative self-sustaining exothermic chemical reactions;
“serpent” means a firework, comprising a pre-formed shape of pyrotechnic composition, with or without support, whose functioning involves the generation of expanded residue;
“sparkler” means a firework, other than a category 3 or category 4 firework, comprising a rigid wire partially coated with slow-burning pyrotechnic composition, whose functioning involves the emission of sparks without a report;
“the 1987 Act ” means the Consumer Protection Act 1987 ;
“the 2003 Act ” means the Fireworks Act 2003 ;
“the 1997 Regulations ” means the Fireworks (Safety) Regulations 1997 ;
“the court” means —
in relation to a decision by a local licensing authority located in England and Wales, a magistrates' court in whose jurisdiction the local licensing authority is situated; and
in relation to a decision by a local licensing authority located in Scotland, the sheriff in whose jurisdiction the local licensing authority is situated;
“the importation enforcement duty” means the duty imposed by section 27(1) of the 1987 Act, insofar as that duty is, by virtue of section 12(1) of the 2003 Act, exercisable in relation to the enforcement of the prohibition imposed by regulation 11 below;
“the licensing enforcement duty” means the duty imposed by section 27(1) of the 1987 Act, insofar as that duty is, by virtue of section 12(1) of the 2003 Act, exercisable in relation to the enforcement of the prohibition imposed by regulation 9 below;
“the possession enforcement duty” means the duty imposed by section 27(1) of the 1987 Act, insofar as that duty is, by virtue of section 12(1) of the 2003 Act, exercisable in relation to the enforcement of the prohibitions imposed by regulations 4 and 5 below;
“the use enforcement duty” means the duty imposed by section 27(1) of the 1987 Act, insofar as that duty is, by virtue of section 12(1) of the 2003 Act, exercisable in relation to the enforcement of the prohibition imposed by regulation 7 below; and
“throwdown” means a firework comprising impact-sensitive explosive composition and grains of inert material wrapped in paper or foil and which functions to produce a report when thrown onto the ground.
Prohibition of possession of fireworks by persons below the age of eighteen
4
1
Subject to regulation 6 below, no person under the age of eighteen years shall possess an adult firework in a public place.
2
In paragraph (1) above “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
Prohibition of possession of category 4 fireworks
5
Subject to regulation 6 below, no person shall possess a category 4 firework.
Exceptions to regulations 4 and 5
6
1
Regulations 4 and 5 above shall not prohibit the possession of any firework by —
a
any person who is employed by, or in business as, a professional organiser or operator of firework displays and who possesses the firework in question for the purposes of his employment or business;
b
any person who is employed in, or whose trade or business (or part of whose trade or business) is, the manufacture of fireworks or assemblies and who possesses the firework in question for the purposes of his trade, employment or business;
c
any person who is employed in, or whose trade or business (or part of whose trade or business) is, the supply of fireworks or assemblies, for the purpose of supplying them in accordance with the provisions of the 1997 Regulations;
d
any person who is employed by a local authority and who, in the course of his employment, possesses the firework in question for any of the following purposes —
i
the putting on of a firework display by that local authority; or
ii
the use by that local authority of the firework in question at a national public celebration or a national commemorative event;
e
any person for use, in the course of a trade or business of his or in the course of his employment, for special effects purposes in the theatre, on film or on television;
f
any person employed by or otherwise acting on behalf of a local authority, enforcement authority or other body, where —
i
the authority or body has enforcement powers, conferred by or under any enactment, applying to the firework in question; and
ii
the person so employed possesses the firework in question for the purposes of the authority or body exercising those enforcement powers;
g
any person who is employed by a department of the Government of the United Kingdom and who, in the course of his employment, possesses the firework in question for any of the following purposes —
i
the putting on of a firework display by that department;
ii
the use by that department of the firework in question at a national public celebration or a national commemorative event; or
iii
the use by that department of the firework in question for research or investigations;
h
any person who —
i
is in business as or employed by a supplier of goods designed and intended for use in conjunction with fireworks or assemblies; and
ii
possesses the firework in question solely for the purposes of testing those goods to ensure that, when used in conjunction with fireworks or assemblies of the same type, they will perform their intended function or comply with any provision made by or under any enactment and relating to the safety of those goods; or
i
any person who is employed by an establishment of the naval, military or air forces of the Crown and who, in the course of his employment, possesses the firework in question for any of the following purposes —
i
the putting on of a fireworks display by that establishment; or
ii
the use by that establishment of the firework in question at a national public celebration or a national commemorative event.
2
Regulation 5 above shall not prohibit the possession of any firework by any person who is employed in, or whose trade or business (or part of whose trade or business) is, the transport of fireworks and who possesses the firework in question for the purposes of his trade, employment or business.
Prohibition of use of certain fireworks at night
7
1
Subject to paragraph (2) below, no person shall use an adult firework during night hours.
2
Paragraph (1) above shall not prohibit the use of a firework —
a
during a permitted fireworks night; or
b
by any person who is employed by a local authority and who uses the firework in question —
i
for the purposes of putting on a firework display by that local authority; or
ii
at a national public celebration or a national commemorative event.
3
In this regulation, “night hours” means the period beginning at 11 pm and ending at 7 am the following day and a “permitted fireworks night” means a period —
a
beginning at 11 pm on the first day of the Chinese New Year and ending at 1 am the following day;
b
beginning at 11 pm on 5th November and ending at 12 am the following day;
c
beginning at 11 pm on the day of Diwali and ending at 1 am the following day; or
d
beginning at 11 pm on 31st December and ending at 1 am the following day.
Prohibition of supply of excessively loud category 3 fireworks
8
1
No person shall supply, or offer or agree to supply, any category 3 firework which, when used, produces a maximum A-weighted impulse sound pressure level exceeding 120 decibels when measured in accordance with paragraph (2) below.
2
For the purposes of paragraph (1) above, the sound pressure level is to be measured —
a
at a horizontal distance of fifteen metres from the testing point at a height of one metre above the ground; and
b
using a sound measuring device which conforms to type 1 of BS EN 61672 with a free-field microphone.
Licensing of fireworks suppliers
9
1
Subject to paragraph (2) below, no person shall supply or expose for supply any adult firework, save in accordance with a licence granted under this regulation.
2
Paragraph (1) above shall not prohibit the supply or exposing for supply, otherwise than in accordance with a licence, of adult fireworks —
a
on the first day of the Chinese New Year and the three days immediately preceding it;
b
on the day of Diwali and the three days immediately preceding it;
c
during the period beginning on the 15th October and ending on the 10th November; or
d
during the period beginning on the 26th December and ending on the 31st December.
3
An application for a licence under this regulation shall be made to the local licensing authority in whose area the applicant proposes to supply or expose for supply adult fireworks.
4
A local licensing authority shall not grant a licence unless it is satisfied that the applicant holds either —
a
a licence under section 5 of the Explosives Act 1875 ; or
b
a registration in accordance with section 21 of that Act.
5
A local licensing authority may refuse to grant a licence, or may revoke a licence which it has granted, if the applicant has committed —
a
an offence under section 11 of the 2003 Act;
b
an offence under section 12 of the 1987 Act arising from a contravention of the 1997 Regulations;
c
an offence under sections 4, 5 or 32 of the Explosives Act 1875; or
d
an offence in relation to the use, storage or keeping of fireworks under the Health and Safety at Work etc. Act 1974 .
6
Where a local licensing authority refuses to grant a licence, or revokes a licence, it shall notify the applicant of its decision.
7
A local licensing authority may charge a fee not exceeding £500 a year in connection with the grant of a licence under this regulation.
8
A person may appeal to the court against a decision of a local licensing authority to refuse to grant him a licence, or to revoke a licence, and any such appeal shall be made within 28 days of the decision in question being notified to that person.
Information about adult fireworks
10
1
No person shall supply or expose for supply any adult firework unless —
a
where adult fireworks are supplied or exposed for supply in any premises, he displays in a prominent position in those premises a notice, which measures no less than 400 millimetres by 300 millimetres and whose letters are no less than 16 millimetres high, stating the required information, or
b
where adult fireworks are supplied or exposed for supply in circumstances not mentioned in sub-paragraph (a) above, he gives the required information to any person to whom the fireworks are supplied or exposed for supply.
2
In paragraph (1) above, “the required information” means information that —
a
it is illegal to sell adult fireworks to anyone under the age of eighteen; and
b
it is illegal for anyone under the age of eighteen to possess adult fireworks in a public place.
3
No person shall supply any firework unless, if requested to do so by a local licensing authority, he provides that authority with the following information —
a
the name and address of the person who supplied the fireworks to him;
b
the name and address of the person to whom he is supplying the fireworks;
c
the date when the fireworks were supplied to him;
d
the date when he supplied or proposes to supply the fireworks to another person; and
e
the total amount of explosives contained in the fireworks supplied.
4
Paragraph (3) above shall not apply if, in a single transaction, the total amount of explosives contained in the fireworks supplied is less than or equal to 50 kilograms.
Importation of fireworks
11
No person shall import any firework, unless he has given the following information to the Commissioners of Customs and Excise —
a
his name and address;
b
the name of the person who is to store the fireworks following their importation; and
c
the address of the premises at which the fireworks are to be stored following their importation.
Transfer of enforcement duties
12
1
The possession enforcement duty in England and Wales is hereby transferred to the chief officer of police of each police force and shall be the duty of every chief officer of police in relation to the police area for which the force in question is maintained .
2
The possession enforcement duty in Scotland is hereby transferred to the chief constable of each police force and shall be the duty of every chief constable in relation to the police area for which the force in question is maintained .
3
The use enforcement duty in England and Wales is hereby transferred to the chief officer of police of each police force and shall be the duty of every chief officer of police in relation to the police area for which the force in question is maintained.
4
The importation enforcement duty is hereby transferred to the Commissioners of Customs and Excise and shall be the duty of the Commissioners of Customs and Excise.
5
Every weights and measures authority of Great Britain is hereby relieved of the possession enforcement duty and the importation enforcement duty.
6
Every weights and measures authority in England and Wales is hereby relieved of the use enforcement duty.
7
In every area where there is a fire and civil defence authority, the licensing enforcement duty is hereby transferred to that authority and any weights and measures authority for that area is hereby relieved of the licensing enforcement duty.
Proceedings
13
In England and Wales a magistrates' court may try an information in respect of an offence under section 11 of the 2003 Act arising from a contravention of a prohibition imposed by these Regulations if the information is laid within twelve months from the time when the offence was committed, and in Scotland summary proceedings for such an offence may be brought at any time within twelve months from the time when the offence was committed.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
14th July 2004


text:
PART I —
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Commission for Healthcare Audit and Inspection (Fees and Frequency of Inspections) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“the 1984 Act ” means the Registered Homes Act 1984 ;
“acute hospital” means a hospital of the type referred to in section 2(3)(a)(i) of the Act (not being a hospice) which has approved places;
“agency” means an independent medical agency;
“approved place” means a bed provided for the use of a service user at night;
“certificate” means a certificate of registration;
“establishment” means an independent hospital or independent clinic;
“existing provider” means a person who immediately before 1st April 2002 —
was registered under Part 1 of the 1984 Act in respect of a residential care home; or
was registered under Part 2 of the 1984 Act in respect of a nursing home or mental nursing home;
“hospice” means an establishment the whole or main purpose of which is to provide palliative care;
“listed services” has the same meaning as in section 2(7) of the Act, as modified by regulation 3(4) of the Private and Voluntary Health Care (England) Regulations 2001 , but in these Regulations excludes treatment using prescribed techniques or prescribed technology;
“mental health hospital” means a hospital of the type referred to in section 2(3)(b) of the Act;
“new provider” means a person who carries on an independent hospital, independent clinic or independent medical agency and did so for the first time on or after 1st April 2002;
“prescribed techniques or prescribed technology” means the techniques or technology set out in regulation 3(1)(a) to (f) of the Private and Voluntary Health Care (England) Regulations 2001;
“previously exempt provider” means a provider who immediately before 1st April 2002 carried on an establishment other than a residential care home, nursing home or mental nursing home in respect of which a person was required to be registered under Part 1 or 2 of the 1984 Act;
“registered manager” means a person who is registered under Part 2 of the Act as the manager of the establishment or agency;
“registered person” means any person who is the registered provider or registered manager in respect of an establishment or agency;
“registered provider” in relation to an establishment or agency means a person who is registered under Part 2 of the Act as the person carrying on the establishment or agency;
“service user” means any person who is to be provided with accommodation or services in an establishment, or by an agency, but excludes registered persons or persons employed or intended to be employed in an establishment or by an agency, and their relatives;
“small establishment” means an establishment which has less than four approved places.
PART II —
FEES
Registration fees
3
1
For the purposes of section 12(2) of the Act, and subject to paragraph (2), the fee to accompany an application by a person seeking to be registered under Part 2 of the Act as a person who carries on an establishment or agency shall be £1,584.
2
Where the establishment is a small establishment the fee shall be £432.
3
For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the Act as a person who manages an establishment or agency other than a small establishment shall be £432.
Variation fees
4
1
For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act (“the variation fee”) shall, subject to paragraphs (2) and (3), be £792.
2
Where the establishment is a small establishment the fee shall be £432.
3
In a case where the variation of a condition is a minor variation, the variation fee shall be £72.
4
For the purposes of paragraph (3), a “minor variation” is a variation which, in the opinion of the CHAI , if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the CHAI in accordance with regulations made under section 11(4) of the Act.
Annual fees
5
1
Subject to paragraphs (2) and (3), the registered provider, in respect of an establishment or agency specified in column (1) of the Table below, shall pay an annual fee and —
a
the amount of the annual fee shall be —
i
in a case where no amount is specified in column (3) or (4), the amount specified in column (2);
ii
in any other case, the sum of the amount specified in column (2) and the amounts specified in column (3), and (if applicable) column (4), multiplied by the number of approved places specified in respect of each column; and
b
shall be payable for the year beginning 1st April 2004 and subsequent years in accordance with column (5).
Column (1) Column (2) Column (3) Column (4) Column (5) Establishment or agency Flat rate payable in all cases Rate payable for each approved place from the 4th to the 29th place inclusive Rate payable for the 30th and each subsequent approved place Annual fee due on
a
Hospice
£216 £72 £72
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
b
Acute hospital or mental health hospital
£3,600 £144 £72
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
c
Hospital using prescribed techniques or prescribed technology
£1,080 £144 £72
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
d
Hospital providing listed services
£1,440 £144 £72
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act;
b
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
e
Independent clinic or independent medical agency
£1,440
a
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
b
in the case of a new provider —
i
if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
2
In the case of an establishment which is a small establishment, the annual fee shall be the flat rate specified in column (2).
3
Where an independent hospital falls into more than one of the categories listed in paragraph (a), (b), (c) or (d) of column (1) of the Table above, the category that applies to it for the purposes of this regulation shall be the category with the highest flat rate fee payable as set out in column (2) in relation to paragraphs (a), (b), (c) or (d).
PART III —
FREQUENCY OF INSPECTIONS
Frequency of inspections
6
1
Subject to paragraphs (2) and (3), the CHAI shall arrange for premises which are used as an establishment, or for the purposes of an agency, to be inspected a minimum of once in every 12 month period.
2
In the case of an establishment or agency, carried on by a person other than an existing provider in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.
3
Any inspection referred to in paragraph (1) may be unannounced.
4
In this regulation “12 month period” means a period commencing on 1st April in any year and ending on 31st March in the following year.
Signed by the authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under-Secretary of State,
Department of Health
10th March 2004


text:
1
These Rules may be cited as the Insolvency (Amendment No.2) Rules 2004 and shall come into force on 3rd May 2004.
2
For Rule 6.98(1) there is substituted —
1
Subject to Rule 6.96(4), the following matters shall be stated in a creditor’s proof of debt —
a
the creditor’s name and address, and, if a company, its company registration number;
b
the total amount of his claim (including any Value Added Tax) as at the date of the bankruptcy order;
c
whether or not that amount includes outstanding uncapitalised interest;
d
particulars of how and when the debt was incurred by the debtor;
e
particulars of any security held, the date when it was given and the value which the creditor puts upon it
f
details of any reservation of title in respect of goods to which the debt refers; and
g
the name, and address and authority of the person signing the proof (if other than the creditor himself).
.
Falconer of Thoroton, C.
5th April 2004
I concur, on behalf of the Secretary of State,
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
6th April 2004