text:
Citation and commencement
1
These Rules may be cited as the Adoption (Amendment) Rules 2003 and shall come into force —
a
for the purposes of rules 2, 18 and this rule on 24th February 2003; and
b
for all other purposes on 1st June 2003.
Interpretation
2
In this rule and in the following rules —
a
“ the Rules ” means the Adoption Rules 1984 ;
b
a rule or Schedule referred to by number means the rule or Schedule so numbered in the Rules; and
c
a Form referred to by number means the Form so numbered in Schedule 1 to the Rules.
Amendments to the Adoption Rules 1984
3
In rule 2
1
a
after the definition of “adoption agency” insert —
“CA of the receiving State” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the receiving State;
“CA of the State of origin” means, in relation to a Convention country other than the United Kingdom, the Central Authority of the State of origin;
“Central Authority” means, in relation to England, the Secretary of State for Health, and in relation to Wales, the National Assembly for Wales;
;
b
after the definition of “children’s guardian” insert —
“Convention” means the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, concluded at the Hague on 29th May 1993;
;
c
for the definition of “Convention proceedings” substitute —
“Convention proceedings” means proceedings in the High Court or a county court for a Convention adoption order or in connection with a Convention adoption order or a Convention adoption ;
;
d
after the definition of “the court” insert —
“ Hague Convention Regulations ” means the Intercountry Adoption (Hague Convention) Regulations 2003 ;
;
e
in the definition of “proper officer” omit the second “and”;
f
after the definition of “proper officer” insert —
“receiving State” means the state in which it is proposed that the child will become habitually resident;
;
g
in the definition of “reporting officer” for “Act.” insert “Act; and”; and
h
after the definition of “reporting officer” insert —
“State of origin” means the state in which the child is habitually resident.
.
4
In rule 3 —
a
in paragraph (1) omit “27th May 1984” and substitute “1st June 2003”; and
b
after paragraph (3) insert —
3A
In any proceedings concerning an adoption in accordance with the Convention relating to Adoption concluded at the Hague on 15th November 1965, the Adoption Rules 1984 in force immediately before 1st June 2003 shall continue to apply, with any necessary modifications, to proceedings in the High Court.
.
5
In rule 18 —
a
in paragraph (2) for “Where” substitute “Subject to paragraph (2A), where”;
b
after paragraph (2) insert —
2A
Where an application is made for a Convention adoption order under rule 28, the proper officer shall as soon as possible appoint a children’s guardian of the child and shall send him a copy of the originating process together with any documents attached thereto.
;
c
in paragraph (6)(a)(i) after “22(1) or (2)” insert “, any reports filed under the Convention or Hague Convention Regulations”; and
d
in paragraph (6)(a)(ii) after “adoption order” insert “/Convention adoption order”.
6
In rule 27 —
a
in paragraph (1) after “High Court” insert “or a county court”; and
b
omit paragraph (2).
7
Omit rule 29.
8
For rule 30 substitute —
30
The requirements prescribed by regulations 21 and 32 of the Hague Convention Regulations may be established by a document executed by the applicant containing a statement to that effect attested in accordance with rule 44 and such a statement shall be admissible in evidence without further proof of the signature of the applicant.
.
9
Omit rules 31, 32 and 33.
10
In rules 34(1) and 35(1)(b) for “a national” substitute “habitually resident”.
11
Omit rule 36.
12
After rule 37 insert —
Application to annul Convention adoption or Convention adoption order
37A
1
An application for the annulment of a Convention adoption or a Convention adoption order under section 53(1) of the Act shall be made by originating process issued out of the Principal Registry of the Family Division in Form 9, and may be made by —
a
the adopter or adopters, or
b
the adopted person, or
c
the relevant Central Authority, or
d
the adoption agency, or
e
the local authority to whom notice under section 22 of the Act was given (if different), or
f
the Secretary of State for the Home Department.
2
The adopted person and any adopter, not being the applicant, shall be respondents and the court may require notice of the application to be served on such other persons as it thinks fit.
Application for directions where a full adoption has not been made
37B
1
An application for a direction under section 39(3A) of the Act —
a
may be made by the adopted child, the adopter or adopters or the birth parents of the child; and
b
shall be made by originating process issued out of the Principal Registry of the Family Division in Form 15A.
2
The person filing the process shall be described as the applicant.
3
The respondents shall be —
a
the adopter or adopters (if not the applicant),
b
the birth parents (if not the applicant),
c
the adoption agency,
d
the local authority to whom notice under section 22 of the Act was given (if different),
e
the Attorney-General
and the court may require notice of the application to be served on such other persons as it thinks fit including the child, having regard to the child’s age and degree of maturity.
4
Any direction given in accordance with section 39(3A) of the Act shall be in Form 15B.
.
13
In rule 39(2) omit “, subject to rule 42,”.
14
In rule 40 —
a
after “18(2)” insert “, (2A)”; and
b
after “adoption order” wherever it appears insert “/Convention adoption order”.
15
In rule 41 —
a
in paragraph (1) after “Registrar General” insert “and, where it relates to a Convention adoption order or a Convention adoption, the relevant Central Authority”; and
b
omit paragraph (2).
16
Omit rules 42 and 43.
17
After rule 47 insert —
Application for removal, return etc , of child in Convention proceedings
47A
1
Paragraph (2) shall apply where —
a
a notice under regulation 18(1) of the Hague Convention Regulations has been given but has not been complied with; or
b
before such a notice was given an application for a Convention adoption order has been made and not disposed of.
2
Where this paragraph applies an application for the return of the child shall be made by the local authority to whom notice under section 22 of the Act was given by filing an originating process in the court or, where paragraph (1)(b) applies, by process on notice in the existing proceedings.
3
The respondents shall be —
a
the prospective adopter or adopters,
b
the children’s guardian,
c
the adoption agency
and the court may require notice of the application to be served on such other persons as it thinks fit, including the child, having regard to the child’s age and degree of maturity.
4
Any respondent who wishes to contest the notice shall, within 7 days of service of the notice upon him, file and serve an answer.
5
The proper officer shall list the case for hearing on a date not more than 21 days from the date the application under paragraph (2) was submitted to the court.
Specific applications in Convention proceedings
47B
1
Where a Convention adoption order is to be or has been sought and has not been disposed of the applicant or proposed applicant may apply to the court for an order —
a
permitting the child to be known by a new surname, or
b
permitting the child to be removed from the United Kingdom for a period of one month or more.
2
The application under paragraph (1) shall be made —
a
if an application for a Convention adoption order under section 17 of the Act is pending, by process on notice in those proceedings; or
b
if no such application is pending, by filing an originating process in the court.
3
The proper officer shall serve a copy of the process and a notice of the date of the hearing —
a
in a case where proceedings for an adoption order are pending on all the parties to those proceedings and on the children’s guardian; and
b
in any other case, on the adoption agency and the local authority to whom notice under section 22 of the Act was given (if different).
.
18
In rule 51 —
a
in paragraph (2)(b) for “the 1998 Rules” substitute “the Civil Procedure Rules” ; and
b
after paragraph (2) insert —
3
Except in the case of an appeal against a decision of an authorised court officer (to which rules 47.20 to 47.23 of the Civil Procedure Rules apply), an appeal against a decision in assessment proceedings relating to costs in proceedings under the Act shall be dealt with in accordance with the following paragraphs of this rule.
4
An appeal within paragraph (3) shall lie as follows —
a
where the decision appealed against was made by a district judge of the High Court or a costs judge (as defined by rule 43.2(1)(b) of the Civil Procedure Rules), to a judge of the High Court; or
b
where the decision appealed against was made by a district judge of a county court, to a judge of that court.
5
Part 52 of the Civil Procedure Rules applies to every appeal within paragraph (3), and any reference in Part 52 to a judge or a district judge shall be taken to include a district judge of the Principal Registry of the Family Division.
6
The Civil Procedure Rules shall apply to an appeal to which Part 52 or rules 47.20 to 47.23 of those Rules apply in accordance with paragraph (3) in the same way as they apply to any other appeal within Part 52 or rules 47.20 to 47.23 as the case may be; accordingly the Rules of the Supreme Court 1965 and the County Court Rules 1981 shall not apply to any such appeal.
.
19
In rule 52 —
a
in paragraph (4) —
i
after “Registrar General and,” insert “where paragraph (e) applies, to the Central Authority;”; and
ii
omit “in the case of a Convention adoption order, shall comply with rule 31;”;
b
after paragraph (10) insert —
11
Within 7 days of the making of an order to annul a Convention adoption order or a Convention adoption, the proper officer shall send a copy of the order to the applicant, every respondent, the relevant Central Authority and the Registrar General.
.
20
In Form 6 —
a
in the heading after “Adoption Order” insert “/Convention Adoption Order”;
b
in the note to paragraph 2 after “adoption” insert “/Convention adoption order”;
c
in the notes to paragraph 5 and 7 after “of them” insert “, or if the application is for a Convention adoption order”;
d
in the notes to paragraph 8 —
i
before the existing text insert “Where the application being made is for a Convention adoption order and the order freeing the child for adoption was made in Scotland or Northern Ireland replace the words “section 18 of the Adoption Act” with either “section 18 of the Adoption (Scotland) Act 1978” or “Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987” as appropriate.”; and
ii
after “section 21” insert “or corresponding Scotland or Northern Ireland legislation,”;
e
in the notes paragraphs 16 and 17 after the sub-paragraph (a) insert —
aa
for at least 6 months if the proposed adoption is to be effected by a Convention adoption order;
;
f
in the notes to paragraph 21 after “home of the applicant.” insert “In Convention proceedings it is only necessary to specify those that took part in the arrangements in the country where the order is to be made.”;
g
in the notes to paragraph 22 after “adoption agency” insert “or if the application is for a Convention adoption order”; and
h
in the paragraph beginning “I/we accordingly apply”, after “adoption order” insert “/a Convention adoption order”.
21
In Form 7 —
a
in the heading after “Adoption Order” insert “/Convention Adoption Order”;
b
in the paragraph beginning “Whereas an application. . .” after “adoption order” insert “, a Convention adoption order”; and
c
in paragraphs (1) to (4) after “adoption order” insert “/a Convention adoption order”.
22
In Form 8 —
a
where “foreign adoption” appears insert “/a Convention adoption order”;
b
omit “and whereas (and ) was/were appointed reporting officer(s) (and . . . was appointed children’s guardian of the child” and substitute “and whereas . . . who is an officer of CAFCASS appointed to act on behalf of the child/and whereas . . . who is an officer CAFCASS appointed to prepare a report”; and
c
at the end of the note to the preamble add “In every Convention case an officer of CAFCASS is appointed to act on behalf of the child. Where a foreign adoption is proposed an officer of CAFCASS is appointed to report.”.
23
In the notes to Form 9 omit “annulled or revoked under section 52(1) or 53(1)” and substitute “revoked under 52(1) or annulled under section 53(1)”.
24
In Form 10 —
a
for paragraphs 2 and 3 substitute —
(2 An order that a determination made by an authority of a specified country to authorise or review the authorisation of an adoption order made under any enactment in force in a specified country and corresponding to sections 12(1) and 17 of the Adoption Act 1976 do cease to be valid in Great Britain;)
(3 An order that a determination made by an authority of a specified country to give or review a decision revoking or annulling an order made under any enactment in force in a specified country and corresponding to sections 12(1) and 17 of Adoption Act 1976 do cease to be valid in Great Britain;)
;
b
in the notes to paragraph 1 omit the phrase beginning “; a Convention adoption” and ending “Adoption of Children 1965”; and
c
in the notes to paragraphs 2 and 3 omit the first sentence.
25
In Form 15 in the penultimate paragraph omit “(and that the entry shall be marked with the words “Convention Order”)”.
26
After Form 15 insert Forms 15A and 15B set out in the Schedule to these Rules.
27
In Schedule 2 —
a
in paragraph 1(k) after “prospective adopter” insert “and where a Convention adoption is proposed, details of the arrangements which were made for the transfer of the child to the UK and that they were in accordance with regulation 12(8) of the Hague Convention Regulations;”; and
b
after paragraph 6 insert —
6A
Further information to be provided in proceedings relating to a Convention adoption/foreign adoption
a
where the UK is the State of origin confirmation that an order has been made under section 18(1) of the Act, section 18 of the Adoption (Scotland) Act 1978 or Article 17(1) or 18(1) of the Adoption Northern Ireland Order 1987 ;
b
where the UK is the State of origin confirmation that, after possibilities for placement of the child within the UK have been given due consideration, an intercountry adoption is in the child’s best interests;
c
confirmation that, in the case of a foreign adoption, the requirements of regulations made under section 56A of the Adoption Act 1976 have been complied with and, in the case of a Convention adoption, that the requirements of the Intercountry Adoption (Hague Convention) Regulations 2003 have been complied with; and
d
for the Convention adoption where the United Kingdom is either the State of origin or the receiving State confirmation that the Central Authorities of both States have agreed that the adoption may proceed. The documents supplied by the CA of the State of origin should be attached to the report together with a translation if necessary.
.
28
In Schedule 4 omit paragraphs 26 to 28 and the notes relating to those paragraphs substitute —
26
Where the United Kingdom is the receiving State and —
The Child
to be adopted has not attained the age of 18 years at the date of the application; and
was habitually resident in which is a Convention country outside the British Islands on the date on which the Article 17(c) agreement was made.
The Applicants
Both spouses (in the case of an application by a married couple) or the applicant (in the case of an application by one person) have attained the age of 21 years and have been habitually resident in the British Islands for a period of not less than one year ending with the date of the application; and
[Both spouses (in the case of an application by a married couple) or the applicant (in the case of an application by one person) are British citizens by virtue of the British Nationality Act 1981 .] [Whereas, (insert name of applicant(s)) is/are not a British citizen by virtue of the British Nationality Act 1981, the Home Office has confirmed that the child is authorised to enter and reside permanently in the United Kingdom.]
27
Where the United Kingdom is the State of origin —
The Child
to be adopted has not attained the age of 18 years at the date of the application;
is free for adoption by virtue of an order made under section 18 of the 1976 Act, section 18 of the Adoption (Scotland) Act 1978, or Article 17(1) or 18(1) of the Adoption (Northern Ireland) Order 1987; and
is habitually resident in which is part of the British Islands on the date of the application.
The Applicants
Both spouses (in the case of an application by a married couple) or the applicant (in the case of an application by one person) have attained the age of 21 years and are habitually resident in which is a Convention country outside the British Islands on the date of the application.
Notes
Paragraph 26. The report on the child prepared by the CA of the State of origin should be exhibited where the United Kingdom is the receiving State. In sub-paragraph (iv) insert the words in square brackets which apply. Where the applicant or one or more of the applicants is not a British citizen by virtue of the British Nationality Act 1981, notice of confirmation from the Home Office that the child is authorised to enter and reside permanently in the United Kingdom should be exhibited.
.
Irvine of Lairg, C.
Dated 31st January 2003


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
This Order may be cited as the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) (Amendment) Order 2003; it extends to England only and comes into force on 31st January 2003.
Interpretation
2
In this Order “the principal Order ” means the Sheep and Goats Identification and Movement (Interim Measures) (England) (No. 2) Order 2002 .
Amendment of article 1
3
In article 1(2) of the principal Order, for “1st February 2003” there shall be substituted “1st April 2003”.
Amendment of article 2
4
1
In article 2 of the principal Order, the following are inserted in the appropriate places in alphabetical order —
“F Mark” means an F Mark in accordance with article 6(1) and (4);
“individual identification number” has the meaning given in article 6(9) and (10);
“Mark” means one of either an F Mark, an Origin Mark, an R Mark, an S Mark or an X Mark;
“Origin Mark” means an Origin Mark in accordance with article 6(1) and (5);
“R Mark” means an R Mark in accordance with article 6(1) and (6);
“S Mark” means an S Mark in accordance with article 6(1) and (7);
.
Insertion of article 2A
5
After article 2, the following article is inserted —
Applying or recording individual identification numbers
2A
In this Order a reference to a requirement to apply or record an individual identification number does not require the individual identification number to be applied or recorded if that number has already been applied or recorded as part of a Mark.
.
Amendment of article 4
6
1
Article 4 of the principal Order is amended in accordance with this article.
2
For paragraph (2), sub-paragraph (c)(iv) there shall be substituted the following —
iv
where a sheep bears the maximum number of marks permitted under article 10, the individual identification together with the Mark which was applied at the same time as the individual identification number;
.
3
After paragraph (2), the following is inserted —
2A
The requirement to record an Origin Mark, an F Mark or an R Mark under sub-paragraphs (2)(c)(ii) and (iii) above does not require the keeper to record the individual identification number of the sheep moved.
.
Amendment of article 5
7
1
Article 5 of the principal Order is amended in accordance with this article.
2
For paragraph (2), sub-paragraph (c)(iv) there shall be substituted the following —
iv
where a goat bears the maximum number of marks permitted under article 10, the individual identification together with the Mark which was applied at the same time as the individual identification number;
.
3
After paragraph (2), the following is inserted —
2A
The requirement to record an Origin Mark, an F Mark or an R Mark under sub-paragraphs (2)(c)(ii) and (iii) above does not require the keeper to record the individual identification number of the goat moved.
.
Amendment of article 6
8
1
Article 6 of the principal Order is amended in accordance with this article.
2
For paragraph (4) there shall be substituted the following —
4
An F Mark is —
a
when marked on an eartag, a mark comprised of the following characters in the following order —
i
if applied before 1st February 2003 —
aa
the letters “ UK ”;
bb
the flockmark or herdmark of the holding to which the animal is imported from outside the European Union; and
cc
the letter “F”; or
ii
if applied on or after 1st February 2003 —
aa
the letters “UK”;
bb
the flockmark or herdmark of the holding to which the animal is imported from outside the European Union;
cc
the individual identification number of that animal; and
dd
the letter “F”; or
b
when marked by means of a tattoo, a mark comprised of the following characters in the following order —
i
if applied before 1st February 2003 —
aa
the flockmark or herdmark of the holding to which the animal is imported from outside the European Union; and
bb
the letter “F”; or
ii
if applied on or after 1st February 2003 —
aa
the flockmark or herdmark of the holding to which the animal is imported from outside the European Union;
bb
the individual identification number of that animal; and
cc
the letter “F”;
.
3
For paragraph (5) there shall be substituted the following —
5
An Origin Mark is —
a
when marked on an eartag, a mark comprised of the following characters in the following order —
i
if applied before 1st February 2003 —
aa
the letters “UK”;
bb
the flockmark or herdmark of the animal’s holding of birth; or
ii
if applied on or after 1st February 2003 —
aa
the letters “UK”;
bb
the flockmark or herdmark of the animal’s holding of birth; and
cc
the individual identification number of that animal; or
b
when marked by means of a tattoo, a mark comprised of the following characters in the following order —
i
if applied before 1st February 2003, the flockmark or herdmark of the animal’s holding of birth; or
ii
if applied on or after 1st February 2003 —
aa
the flockmark or herdmark of the animal’s holding of birth; and
bb
the individual identification number of that animal;
.
4
For paragraph (6) there shall be substituted the following —
6
An R Mark is —
a
when marked on an eartag, a mark comprised of the following characters in the following order —
i
if applied before 1st February 2003 —
aa
the letters “UK”;
bb
the flockmark or herdmark of the holding where the animal was kept at the time it was so marked; and
cc
the letter “R”; or
ii
if applied on or after 1st February 2003 —
aa
the letters “UK”;
bb
the flockmark or herdmark of the holding where the animal was kept at the time it was so marked;
cc
the individual identification number of that animal; and
dd
the letter “R”; or
b
when marked by means of a tattoo, a mark comprised of the following characters in the following order —
i
if applied before 1st February 2003 —
aa
the flockmark or herdmark of the holding where the animal was kept at the time it was so marked; and
bb
the letter “R”; or
ii
if applied on or after 1st February 2003 —
aa
the flockmark or herdmark of the holding where the animal was kept at the time it was so marked;
bb
the individual identification number of that animal; and
cc
the letter “R”;
.
Amendment of article 7
9
For article 7(2) of the principal Order there shall be substituted the following —
2
Paragraph (1) shall not apply in respect of an animal which —
a
before the relevant date, was marked in accordance with article 8(4) or (5) or article 15 of the Sheep and Goats Order 2000; or
b
was marked with an Origin Mark on or before 31st January 2003.
.
Amendment of article 9
10
In article 9(2)(f) of the principal Order, the words “and with an individual identification number” are deleted.
Amendment of article 12
11
1
Article 12 of the principal Order is amended in accordance with this article.
2
In paragraph (2), sub-paragraph (a)(ii), for “2000; or” there shall be substituted “2000;”.
3
In paragraph (2), sub-paragraph (a)(iii), “or” is inserted after “R Mark;”.
4
For paragraph (2), sub-paragraph (a)(iv) there shall be substituted the following —
iv
where an animal bears the maximum number of marks permitted under article 10, the individual identification together with the Mark which was applied at the same time as the individual identification number;
.
5
After paragraph (2), the following paragraph is inserted —
2A
The requirement to record an Origin Mark, an F Mark or an R Mark under paragraphs (2)(a)(ii) or (iii) above does not require the keeper to record the individual identification number of the animal moved.
.
Amendment of article 13
12
1
Article 13 of the principal Order is amended in accordance with this article.
2
For paragraph (2), sub-paragraphs (b) and (c) there shall be substituted the following —
b
where the original Mark was an Origin Mark, apply either —
i
a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal; or
ii
a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal;
c
where the original Mark was an F Mark, apply either —
i
a tag with the letters “UK” followed by the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal followed by the letter F; or
ii
a tattoo with the flockmark or herdmark of the holding where the animal is kept followed by the individual identification number for that animal followed by the letter F;
d
where the original Mark was an R Mark, apply a new R Mark; or
e
where the action in sub-paragraphs (a), (b), (c) or (d) cannot be carried out, apply an R Mark.
.
3
After paragraph (2) the following paragraph is inserted —
2A
A Mark applied under sub-paragraphs (2)(b), (c) or (d) shall be cross-referenced with the original Mark in the record required to be kept under article 4 or 5.
.
Whitty
Parliamentary Under Secretary of State
Department of Environment, Food and Rural Affairs
9th January 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) (No. 3) Regulations 2003 and shall come into force on 11th August 2003.
Preliminary
2
The Motor Vehicles (Tests) Regulations 1981 shall be further amended as follows.
Amendments to regulation 20 (fees for examinations)
3
1
Regulation 20 shall be amended as follows.
2
In the provisions specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(e)(i) 52.00 59.00 20(1)(e)(ii) 37.00 42.00 20(1)(ea)(i) 52.00 59.00 20(1)(ea)(ii) 37.00 42.00 20(2A) 31.00 35.00 22.00 25.00 20(2B) 8.00 9.00
3
In the Table in paragraph (4), for the amounts specified in column (1) of the Table below there shall be substituted the amounts specified in column (2).
TABLE
(1) (2) (1)(Cont) (2)(Cont) (1)(Cont) (2)(Cont) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£) Existing Amount (£) Substituted Amount (£)
25.00 28.00 60.00 68.00 37.00 42.00 41.00 47.00 91.00 103.00 59.00 67.00 29.50 33.50 18.00 20.00 45.00 51.00 45.50 52.50 30.00 34.00 67.00 76.00 52.00 59.00 22.50 25.50 83.00 94.00 34.50 39.50
4
In paragraph (5B)(ii), for “the fee shall be reduced to £1.50 (the balance of any sum paid in respect of the fee being refundable)” substitute “any sum paid by him in respect of such a previous application for an examination shall be returned”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003


text:
1
1
This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No. 8) Order 2003.
2
This Order extends to England and Wales.
2
The following provisions of the Youth Justice and Criminal Evidence Act 1999 shall come into force on 1st April 2003:
a
section 58 (inferences from silence not permissible where no prior access to legal advice) to the extent not already in force;
b
section 67(4) to the extent it relates to the entry (c) below; and
c
paragraph 8 of Schedule 7.
John Denham
Minister of State
Home Office
13th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Companies (Acquisition of Own Shares) (Treasury Shares) Regulations 2003 and shall come into force on 1st December 2003.
2
In these Regulations, “the 1985 Act ” means the Companies Act 1985 .
Amendment of section 162
2
1
Amend section 162 of the 1985 Act (power of company to purchase own shares) as follows.
2
For subsection (2) substitute —
2
Sections 159 and 160 apply to the purchase by a company under this section of its own shares as they apply to the redemption of redeemable shares.
This is subject to subsections (2A) and (2B).
2A
The terms and manner of a purchase under this section need not be determined by the articles as required by section 160(3).
2B
Where a company makes a purchase of qualifying shares out of distributable profits under this section, section 162A applies to the shares purchased; and accordingly section 160(4) does not apply to those shares.
.
3
At the end of subsection (3) insert “or shares held as treasury shares”.
4
After subsection (3) insert the following subsection —
4
For the purposes of this Chapter “qualifying shares” are shares which —
a
are included in the official list in accordance with the provisions of Part 6 of the Financial Services and Markets Act 2000 ,
b
are traded on the market known as the Alternative Investment Market established under the rules of London Stock Exchange plc,
c
are officially listed in an EEA State, or
d
are traded on a market established in an EEA State which is a regulated market for the purposes of Article 16 of Council Directive 93/22/ EEC on investment services in the securities field
and in paragraph (a) “the official list” has the meaning given in section 103(1) of the Financial Services and Markets Act 2000.
.
Insertion of sections 162A, 162B, 162C, 162D, 162E, 162F and 162G
3
After section 162 of the 1985 Act insert the following sections —
Treasury shares
162A
1
Where qualifying shares are purchased by a company out of distributable profits in accordance with section 162, the company may —
a
hold the shares (or any of them), or
b
deal with any of them, at any time, in accordance with section 162D.
2
Where shares are held under subsection (1)(a) then, for the purposes of section 352, the company must be entered in the register as the member holding those shares.
3
In this Act, references to a company holding shares as treasury shares are references to the company holding shares which —
a
were (or are treated as having been) purchased by it in circumstances in which this section applies, and
b
have been held by the company continuously since they were so purchased.
Treasury shares: maximum holdings
162B
1
Where a company has shares of only one class, the aggregate nominal value of shares held as treasury shares must not at any time exceed 10 per cent. of the nominal value of the issued share capital of the company at that time.
2
Where the share capital of a company is divided into shares of different classes, the aggregate nominal value of the shares of any class held as treasury shares must not at any time exceed 10 per cent. of the nominal value of the issued share capital of the shares in that class at that time.
3
Where subsection (1) or (2) is contravened by a company, the company must dispose of or cancel the excess shares, in accordance with section 162D, before the end of the period of 12 months beginning with the day on which that contravention occurs.
For this purpose “the excess shares” means such number of the shares, held by the company as treasury shares at the time in question, as resulted in the limit being exceeded.
Treasury shares: voting and other rights
162C
1
This section applies to shares which are held by a company as treasury shares (“the treasury shares”).
2
The company must not exercise any right in respect of the treasury shares, and any purported exercise of such a right is void.
3
The rights to which subsection (2) applies include any right to attend or vote at meetings (including meetings under section 425).
4
No dividend may be paid, and no other distribution (whether in cash or otherwise) of the company’s assets (including any distribution of assets to members on a winding up) may be made, to the company in respect of the treasury shares.
5
Nothing in this section is to be taken as preventing —
a
an allotment of shares as fully paid bonus shares in respect of the treasury shares, or
b
the payment of any amount payable on the redemption of the treasury shares (if they are redeemable shares).
6
Any shares allotted as fully paid bonus shares in respect of the treasury shares shall be treated for the purposes of this Act as if they were purchased by the company at the time they were allotted, in circumstances in which section 162A(1) applied.
Treasury shares: disposal and cancellation
162D
1
Where shares are held as treasury shares, a company may at any time —
a
sell the shares (or any of them) for cash,
b
transfer the shares (or any of them) for the purposes of or pursuant to an employees' share scheme, or
c
cancel the shares (or any of them).
2
For the purposes of subsection (1)(a), “cash”, in relation to a sale of shares by a company, means —
a
cash (including foreign currency) received by the company, or
b
a cheque received by the company in good faith which the directors have no reason for suspecting will not be paid, or
c
a release of a liability of the company for a liquidated sum, or
d
an undertaking to pay cash to the company on or before a date not more than 90 days after the date on which the company agrees to sell the shares.
3
But if the company receives a notice under section 429 (right of offeror to buy out minority shareholders) that a person desires to acquire any of the shares, the company must not, under subsection (1), sell or transfer the shares to which the notice relates except to that person.
4
If under subsection (1) the company cancels shares held as treasury shares, the company must diminish the amount of the issued share capital by the nominal value of the shares cancelled; but the cancellation is not to be taken as reducing the amount of the company’s authorised share capital.
5
The directors may take such steps as are requisite to enable the company to cancel its shares under subsection (1) without complying with sections 135 and 136 (resolution to reduce issued share capital; application to court for approval).
Treasury shares: mandatory cancellation
162E
1
If shares held as treasury shares cease to be qualifying shares, the company must forthwith cancel the shares in accordance with section 162D.
2
For the purposes of subsection (1), shares are not to be regarded as ceasing to be qualifying shares by virtue only of —
a
the suspension of their listing in accordance with the applicable rules in the EEA State in which the shares are officially listed, or
b
the suspension of their trading in accordance with —
i
in the case of shares traded on the market known as the Alternative Investment Market, the rules of London Stock Exchange plc, and
ii
in any other case, the rules of the regulated market on which they are traded.
3
For the purposes of this section “regulated market” means a market which is a regulated market for the purposes of Article 16 of Council Directive 93/22/EEC on investment services in the securities field.
Treasury shares: proceeds of sale
162F
1
Where shares held as treasury shares are sold, the proceeds of sale shall be dealt with in accordance with this section.
2
Where the proceeds of sale are equal to or less than the purchase price paid by the company for the shares, the proceeds shall be treated for the purposes of Part 8 as a realised profit of the company.
3
Where the proceeds of sale exceed the purchase price paid by the company for the shares —
a
that part of the proceeds of sale that is equal to the purchase price paid shall be treated for the purposes of Part 8 as a realised profit of the company, and
b
a sum equal to the excess shall be transferred to the company’s share premium account.
4
The purchase price paid by the company for the shares shall be determined by the application of a weighted average price method.
5
Where the shares were allotted to the company as fully paid bonus shares, the purchase price paid for them shall, for the purposes of subsection (4), be treated as being nil.
Treasury shares: penalty for contravention
162G
If a company contravenes any provision of sections 162A to 162F every officer of it who is in default is liable to a fine.
.
Consequential amendments
4
The Schedule to these Regulations (which contains consequential amendments) has effect.
Melanie Johnson,
Parliamentary Under Secretary of State for Competition, Consumers and Markets,Department of Trade and Industry
14th April 2003


text:
Citation, commencement and application
1
1
These regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2003 and shall come into force on 25 th December 2003.
2
These Regulations apply to billing authorities in England only.
Amendment of the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003
2
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 “the principal Regulations” are amended in accordance with regulations 3 to 5 below.
Amendment of Regulation 1 (Citation, commencement and interpretation) of the principal Regulations
3
1
In paragraph (2) insert after the definition of “the Collection Regulations” —
“combined fire authority” means a fire authority in England constituted by a combination scheme made under section 6 of the Fire Services Act 1947;
.
2
In paragraph (3) omit the words “in the billing authority’s valuation list” and add after the words “as applicable to the dwelling” —
a
in the billing authority’s valuation list; or
b
if a new valuation list is due to come into force for the relevant year under section 22B(2)(a) or (3)(a) of the Act, as the case may be,
i
except in a case to which paragraph (4) applies, in the list proposed to be compiled as the new list, “the proposed list”, by the listing officer and sent to the billing authority under section 22B(7) of the Act;
ii
in a case to which paragraph (4) applies, in information which for the purposes of this paragraph is relevant information.
4
This paragraph applies where the listing officer supplies the authority with information relating to property shown in the proposed list (including information relating to the application to such property of article 3 or 4 of the Council Tax (Chargeable Dwellings) Order 1992); and such information is relevant information for the purposes of paragraph (3) to the extent that it differs from information contained in the proposed list.
.
Amendment of Schedule 1 (Matters to be contained in council tax demand notices) of the principal Regulations
4
1
Add after paragraph 8 —
8A
1
For the financial year beginning on 1st April 2004 in billing authority areas with a combined fire authority where the contribution to the net expenses of the combined fire authority for the preceding financial year was taken into account in the budget requirement set by the billing authority in accordance with section 32 of the Act, and where a statement of the amount mentioned in paragraph 6(2)(b) of this Schedule is given, a footnote to that amount for the relevant year stating —
The figures comparing the amount of council tax calculated by [insert name of billing authority] for your dwelling for this financial year and the previous financial year are not direct comparisons because this year the combined fire authority has issued a precept which is shown separately on your bill.
2
For the financial year beginning on 1st April 2004 in billing authority areas with a combined fire authority where the contribution to the net expenses of the combined fire authority for the preceding financial year was taken into account in the budget requirement set by the billing authority in accordance with section 32 of the Act, and where a statement is provided in accordance with paragraphs 6(3)(a) and (b) of this Schedule, a footnote to the amount stated in accordance with paragraph 6(3)(b) for the relevant year stating —
The figures comparing the amount of council tax calculated by [insert name of billing authority] less any local precepts for your dwelling for this financial year and the previous financial year are not direct comparisons because this year the combined fire authority has issued a precept which is shown separately on your bill.
3
For the financial year beginning on 1st April 2004 in billing authority areas with a combined fire authority where the contribution to the net expenses of the combined fire authority for the preceding financial year was taken into account in the budget requirement set by the county council in accordance with section 43 of the Act, a footnote to the amount stated in accordance with paragraph 6(2)(c) of this Schedule for the county council for the relevant year stating —
The figures comparing the amount of council tax calculated by [insert name of county council] for your dwelling for this financial year and the previous financial year are not direct comparisons because this year the combined fire authority has issued a precept which is shown separately on your bill.
.
2
In paragraph 9, omit “or” at the end of sub-paragraph (b) and add after sub-paragraph (c) —
d
a determination made by the billing authority pursuant to section 11A of the Act in relation to dwellings prescribed by the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003; or
e
a reduction made by the billing authority under section 13A of the Act.
.
3
Substitute for paragraph 10 —
10
1
Where a statement falls to be given as mentioned in paragraph 9 by reason of the matter referred to in sub-paragraph (a) or (d) of that paragraph —
a
a statement of the basis on which the authority assumed that the chargeable amount for the relevant year was or should be subject to a discount of an amount equal to the appropriate percentage or twice the appropriate percentage or subject to a discount set in accordance with a determination made by the billing authority pursuant to section 11A of the Act (as the case may be); and
b
a statement that if at any time before the end of the financial year following the relevant year the person to whom the notice is issued has reason to believe that the chargeable amount for the year is not in fact subject to any discount, or is subject to a discount of a smaller amount, he is required, within a period of 21 days beginning on the day on which he first had that belief, to notify the authority of it; and
c
a statement that if the person fails without reasonable excuse to comply with a requirement contained in a statement pursuant to paragraph (b) of this sub-paragraph, the authority may impose on him a penalty of £50.
2
Where a statement falls to be given as mentioned in paragraph 9 by reason of the matter referred to in sub-paragraph (e) of that paragraph —
a
a statement of the basis on which the authority assumed that the chargeable amount for the relevant year was or should be subject to a reduction; and
b
a statement that if at any time before the end of the financial year following the relevant year the person to whom the notice is issued has reason to believe that the chargeable amount for the year is not in fact subject to a reduction, or is subject to a reduction of a smaller amount, he is required, within a period of 21 days beginning on the day on which he first had that belief, to notify the authority of it; and
c
a statement that if the person fails without reasonable excuse to comply with a requirement contained in a statement pursuant to paragraph (b) of this sub-paragraph, the authority may impose on him a penalty of £50.
.
4
In sub-paragraph (b) of paragraph 17 —
a
in paragraph (ii) —
i
omit the words “of the Act;”
ii
after the words “under section 11” add “or a determination made under section 11A of the Act, as the case may be;”
b
after paragraph (iv) add —
v
a person may be eligible for a reduction under section 13A of the Act;
.
Amendment of Schedule 2 (Matters to be contained in rate demand notices)
5
1
In paragraph 6 of Part 1 of the Schedule —
a
in the sections headed “ Rateable Value ” and “ Transitional Arrangements ” substitute “ www.local.odpm.gov.uk/finance/busrats/guide/index.htm ” for the website address “ www.local.regions.odpm.gov.uk/busrats/guide/index.htm ”; and
b
substitute for the section headed “ Charitable and Discretionary Relief ” —
Charitable relief, relief for registered Community Amateur Sports Clubs ( CASCs ) and Discretionary Relief
Charities are entitled to relief from rates on any non-domestic property that is wholly or mainly used for charitable purposes. Registered CASCs are also entitled to relief from rates on any non-domestic property that is wholly or mainly used for the purposes of that club, or that club and of other such registered clubs. In both cases, relief is given at 80 per cent of the bill and local councils have discretion to give further relief on the remaining bill.
Authorities also have discretion to give relief on all or part of any rate bill for property occupied by certain non-profit making bodies. They can also consider giving rate relief in cases of hardship or where part of a property is beyond use for a certain period.
2
In paragraph 3 of Part 3 of the Schedule —
a
in the sections headed “ Rateable Value ” and “ Transitional arrangements ” substitute “ www.local.odpm.gov.uk/finance/busrats/guide/index.htm ” for the website address “ www.local.regions.odpm.gov.uk/busrats/guide/index.htm ”; and
b
substitute for the section headed “ Charitable and Discretionary Relief ” —
Charitable relief, relief for registered Community Amateur Sports Clubs (CASCs) and Discretionary Relief
Charities are entitled to relief from rates on any non-domestic property that is wholly or mainly used for charitable purposes. Registered CASCs are also entitled to relief from rates on any non-domestic property that is wholly or mainly used for the purposes of that club, or that club and of other such registered clubs. In both cases, relief is given at 80 per cent of the bill and local councils have discretion to give further relief on the remaining bill.
Authorities also have discretion to give relief on all or part of any rate bill for property occupied by certain non-profit making bodies. They can also consider giving rate relief in cases of hardship or where part of a property is beyond use for a certain period.
.
Amendment of Schedule 3 (Information to be supplied with notices)
6
In paragraph 4 of Part 3 of the Schedule, in the definition of “relevant precepting authority” omit the words “paragraph 1” and substitute the words “paragraphs 1, 3 and 7”.
Signed by authority of the First Secretary of State
PhilHope
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
27th November 2003


text:
Citation and commencement
1
These Regulations may be cited as the Surface Waters (Fishlife) (Classification) (Amendment) Regulations 2003 and shall come into force on 12th May 2003.
Amendment of the Surface Waters (Fishlife) (Classification) Regulations 1997
2
For regulation 4(5) of the Surface Waters (Fishlife) (Classification) Regulations 1997 there is substituted —
5
Where the Environment Agency’s records show that the quality of any waters classified under these Regulations is appreciably higher for any parameter than the minimum required by these Regulations for waters of that class —
a
the Agency may decide that the frequency of sampling may be reduced for that parameter; and
b
if there is no pollution or risk of deterioration in the quality of those waters, the Agency may decide that no sampling for that parameter is necessary.
Signed on behalf of the National Assembly for Wales
D. Elis-Thomas
The Presiding Officer of the National Assembly
1st April 2003
Signed by authority of the Secretary of State
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
2nd April 2003


text:
Title, commencement and application
1
These Regulations may be cited as the Entry Level Agri-Environment Scheme (Pilot) (England) Regulations 2003, shall come into force on 18th April 2003 and shall apply to land in England.
Interpretation
2
In these Regulations —
“application” means an application to enter into an agreement with the Secretary of State and “applicant” shall be construed accordingly;
“beneficiary” means a person who has entered into an agreement with the Secretary of State;
“carrying out”, in relation to an activity, includes ensuring that it is carried out, and “carry out” shall be construed accordingly;
“enclosed land” means land in an area of less than 15 hectares which is enclosed by a wall, fence or hedge;
“excluded land” means land which is registered as common land under the Commons Registration Act 1965 or which is subject to —
an agreement under the Countryside Stewardship Regulations 1998 or the Countryside Stewardship Regulations 2000 ;
an agreement under section 18(3) of the Agriculture Act 1986 (an environmentally sensitive areas agreement);
an agreement under section 16 of the National Parks and Access to the Countryside Act 1949 or section 15 of the Countryside Act 1968 (agreements with English Nature);
a scheme under section 28J of the Wildlife and Countryside Act 1981 in respect of which a payment is made under section 28M(2) of that Act (management schemes for sites of special scientific interest);
an agreement under section 17 of the Ancient Monuments and Archaeological Areas Act 1979 (agreements to maintain ancient monuments); or
an undertaking under the Organic Farming (Aid) Regulations 1994 , the Organic Farming Regulations 1999 or the Organic Farming (England Rural Development Programme) Regulations 2001 ;
“interest”, in relation to land, means a freehold or leasehold interest in it, or a contractual licence to occupy it;
“less favoured area” means all the land shown coloured blue and pink on the three volumes of maps numbered 1 to 3, each volume being marked “Volume of maps of less-favoured farming areas in England”, dated 20th May 1991, signed and sealed by the Minister of Agriculture, Fisheries and Food and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“pilot area” means an area of land shown bounded by a blue line on a map contained in the volume of maps marked “Volume of maps of the four pilot areas for the Entry Level Agri-Environment Scheme Pilot”, dated 12th February 2003, signed on behalf of the Secretary of State and deposited at the offices of the Department for Environment, Food and Rural Affairs at Nobel House, 17 Smith Square, London SW1P 3JR;
“relevant area” means the whole of any single area of land in which the applicant has an interest, and, for the purpose of determining what is a single area, any field boundary, watercourse, road or railway shall be disregarded;
“specified purposes” means —
the conservation or enhancement of the natural beauty or amenity of the countryside (including its flora and fauna and geological and physiographical features) or of any features of archaeological interest there, or
the promotion of the enjoyment of the countryside by the public.
Applications
3
1
An application —
a
may be made only in respect of a relevant area at least part of which is situated within a pilot area; and
b
shall be made in respect of all the land in a relevant area other than excluded land.
2
An application shall be made at such time and in such form and shall contain or be accompanied by such information as the Secretary of State may require.
Power to enter into agreements
4
1
The Secretary of State may enter into an agreement with an applicant where —
a
the Secretary of State is of the opinion that the carrying out by the applicant of any activity in relation to land which is the subject of the application would be conducive to either of the specified purposes; and
b
the points target relating to that land, calculated in accordance with regulation 5, is met or exceeded.
2
For the purposes of paragraph (1), “agreement” means an agreement which remains in force for a specified period, provides for the activity in question to be carried out in relation to land which is the subject of the agreement and requires the Secretary of State to make a grant to the beneficiary in respect of the carrying out of that activity on the land.
3
Any agreement entered into under paragraph (1) shall be for a period of no more than 5 years.
Points target
5
1
The points target shall be calculated at the following rates —
a
in relation to any land which is in a less favoured area, other than enclosed land, 15 points per hectare; and
b
in relation to all other land, 30 points per hectare.
2
An applicant may obtain points in relation to the land which is the subject of an application as follows —
a
by making a record of the environmental features on that land, for which 5 points per hectare may be obtained; and
b
by undertaking to carry out on that land any of the activities listed in the first column of the Schedule, for which points may be obtained at the rates specified in the second column of the Schedule.
Conditions of grant
6
A beneficiary’s entitlement to receive payment of a grant at any time shall be subject to the following conditions —
a
that there has been no breach of any term of the agreement; and
b
that he has an interest in the land subject to the agreement.
Power to make payments of grant
7
The Secretary of State may make payments of grant to a beneficiary at the following rates —
a
in relation to any land which is in a less favoured area, other than enclosed land, £15 per hectare per year; and
b
in relation to all other land, £30 per hectare per year.
Power to recover or withhold payments
8
1
Where —
a
any information provided by the beneficiary is false or misleading in any material respect; or
b
there has been a breach of any term of the agreement,
the Secretary of State may exercise either of the powers contained in paragraph (2).
2
The powers conferred by paragraph (1) are —
a
to withhold the whole or any part of the sums payable to the beneficiary; and
b
to recover on demand the whole or any part of the sums already paid to the beneficiary.
3
Before exercising the powers contained in paragraph (2), the Secretary of State shall —
a
give the beneficiary a written explanation of the reasons for the step proposed to be taken;
b
invite the beneficiary to make written representations within such time as the Secretary of State considers reasonable; and
c
consider any such representations.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
24th March 2003
We consent,
John Heppell
Jim Fitzpatrick
Two of the Lords of Her Majesty’s Treasury
24th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Unlicensed Medicinal Products for Human Use (Transmissible Spongiform Encephalopathies) (Safety) Regulations 2003 and shall come into force on 30th July 2003.
2
In these Regulations —
“the 1968 Act ” means the Medicines Act 1968 ;
“the 1987 Act ” means the Consumer Protection Act 1987;
“the 1994 Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 ;
“the appropriate Minister” means —
in Great Britain, the Secretary of State;
in Northern Ireland, the Minister of Health, Social Services and Public Safety;
“ CSM ” means the Committee on Safety of Medicines established by the Medicines (Committee on Safety of Medicines) Order 1970 ;
“excluded medicine” means a herbal remedy or medicinal product to which the restrictions in —
section 7 of the 1968 Act (general provisions as to dealing with medicinal products) do not apply by virtue of section 10 of the 1968 Act (exemptions for pharmacists); or
regulation 3 of the 1994 Regulations (marketing authorizations for relevant medicinal products) do not apply by virtue of paragraph 3(1)(b) of Schedule 1 to the 1994 Regulations (exemptions for pharmacists from regulation 3);
“herbal remedy” has the meaning given in section 132(1) of the 1968 Act;
“import” means, in relation to an unlicensed product, import into the United Kingdom in the course of a business other than for the purposes of a clinical trial;
“market” means, in relation to an unlicensed product, a supply of the product, other than for the purposes of a clinical trial, which is also —
the occasion on which the product is placed on the market in the United Kingdom;
any occasion on which the product is distributed by way of wholesale dealing within the United Kingdom; or
the exportation of the product out of the United Kingdom,
and for these purposes, “placed on the market” and “distributed by way of wholesale dealing” have the same meaning as in regulation 3 of the 1994 Regulations (marketing authorizations for relevant medicinal products);
“medicinal product” means —
any medicinal product within the meaning given in section 130 of the 1968 Act (meaning of “medicinal product” and related expressions); and
any article or substance to which section 7 of the 1968 Act (general provisions as to dealing with medicinal products) has effect by virtue of an order under section 104 or 105 of the 1968 Act (which relate to the application of the Act to certain articles and substances which are not medicinal products);
“supply”, in relation to an unlicensed product, means —
the supply of, or the offer or agreement to supply, the product; or
the exposure or possession for supply of the product;
“unlicensed product” means a medicinal product for human use, other than an excluded medicine, in respect of which —
no marketing authorization has been granted by —
the licensing authority under the 1994 Regulations, or
the European Agency for the Evaluation of Medicinal Products under Council Regulation ( EEC ) No. 2309/93 laying down Community procedures for the authorization and supervision of medicinal products for human and veterinary use and establishing the European Agency for the Evaluation of Medicinal Products ; or
no product licence has been granted by the licensing authority under section 7 of the 1968 Act (general provisions as to dealing with medicinal products);
“the TSE Guideline ” means the “Note for guidance on Minimising the Risk of Transmitting Animal Spongiform Encephalopathy Agents via Medicinal Products” as published and updated by the European Commission in Volume 3 of its publication, “The Rules Governing Medicinal Products in the European Union”, referred to in the Introduction to the Annex to Directive 2001/83/ EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use .
3
In these Regulations, a reference —
a
to a numbered regulation, is to the regulation of these Regulations bearing that number;
b
in a regulation, to a numbered paragraph is to the paragraph of that regulation bearing that number.
Compliance with the TSE Guideline
2
No person shall import or market an unlicensed product unless that product has been manufactured in accordance with the TSE Guideline.
Procedure for determinations of compliance with the TSE Guideline
3
1
The appropriate Minister may serve on any person who has imported or marketed, or who in his opinion may import or market, an unlicensed product a notice in writing requiring him, within a period of 21 days from the date on which the notice was served on him, to furnish the appropriate Minister with material demonstrating to the appropriate Minister that the product has been manufactured in accordance with the TSE Guideline.
2
Where the appropriate Minister considers that, because of exceptional circumstances or the nature and complexity of the issues, additional time is needed to furnish material under paragraph (1), he may alter the period of 21 days referred to in that paragraph to a different period, and then that different period shall be the period within which the person on whom the notice is served is required to furnish the material.
3
After the period allowed for furnishing material under paragraph (1), the appropriate Minister shall (whether or not he has been furnished with any material by the person on whom the notice was served), after further consideration of the matter —
a
determine that, in his opinion, the product has been manufactured in accordance with the TSE Guideline, and shall notify the person on whom the notice was served under paragraph (1) of his determination; or
b
provisionally determine that, in his opinion, the product has not been manufactured in accordance with the TSE Guideline, and shall, by a notice in writing (referred to in these Regulations as a “provisional determination notice”) —
i
inform the person on whom the notice was served under paragraph (1) of this provisional determination and his reasons for it, and
ii
advise that person that if he disagrees with the provisional determination, he may request that the appropriate Minister review the provisional determination, provided that within 14 days of the date on which the provisional determination notice was served on him he makes such a request, and if that person wishes the review to include an oral hearing before the CSM (at which the appropriate Minister may also make representations to the CSM), he must also within those 14 days inform the appropriate Minister of his wish for such a hearing.
4
Where the appropriate Minister has been informed pursuant to paragraph (3)(b)(ii) that a person wishes to make oral representations to the CSM, he shall, after consultation with that person (“the appellant”), set a date for the oral hearing and, subject to paragraph (5), that date shall be the date fixed for the oral hearing.
5
Where the Chairman of the CSM considers that, because of exceptional circumstances or the nature and complexity of the issues, additional time is needed for preparation for the oral hearing, he may alter the date set for the hearing to a different date, and —
a
that different date shall be the date fixed for the oral hearing; and
b
the CSM shall inform the appellant and the appropriate Minister of the alteration and of the reasons for it.
6
Where a person on whom a provisional determination notice is served fails within 14 days of the date on which the notice was served on him to request a review of the provisional determination, the appropriate Minister shall —
a
after further consideration of the matter, determine whether or not, in his opinion, the product has been manufactured in accordance with the TSE Guideline; and
b
by a notice in writing, inform that person of the determination and his reasons for it.
7
Where a person on whom a provisional determination notice is served requests, within 14 days of the date on which the notice was served on him, a review of the provisional determination, but that review is not to include an oral hearing before the CSM, the appropriate Minister shall —
a
specify a period within which the person must furnish the appropriate Minister with any additional material which that person wishes the appropriate Minister to consider as part of the review;
b
once that period has expired (whether or not any further material has been submitted), after further consideration of the matter, determine whether or not, in his opinion, the product has been manufactured in accordance with the TSE Guideline;
c
by a notice in writing, inform that person of the determination and his reasons for it.
8
Where a person on whom a provisional determination notice is served requests, within 14 days of the date on which the notice was served on him, a review of the provisional determination and that review is to include an oral hearing before the CSM, the appropriate Minister shall —
a
once that hearing has taken place (whether or not the appellant made any representations at the hearing), after further consideration of the matter, and in particular having considered the advice of the CSM arising out of the hearing, determine whether or not, in his opinion, the product has been manufactured in accordance with the TSE Guideline;
b
by a notice in writing, inform that person of his determination and his reasons for it; and
c
if the appropriate Minister makes a determination which is contrary to the advice of the CSM, give his reasons for disagreeing with the advice of the CSM.
9
Where the appropriate Minister serves a notice under paragraph (1), he shall not issue a suspension notice under section 14 of the 1987 Act in respect of any unlicensed product to which the notice under paragraph (1) relates until he has determined in accordance with paragraph (6), (7) or (8) whether or not, in his opinion, the product has been manufactured in accordance with the TSE Guideline, unless he considers it necessary to issue such a suspension notice in the interests of safety.
Restriction notices
4
1
Where the appropriate Minister has determined in accordance with regulation 3(6), (7) or (8) that, in his opinion, an unlicensed product has not been manufactured in accordance with the TSE Guideline, he may serve a notice on any person —
a
prohibiting him, from a date specified in the notice, from importing or supplying the product until the notice has been withdrawn by the appropriate Minister;
b
requiring him, by a date specified in the notice, to inform persons of a specified class or description of the determination by the appropriate Minister that, in his opinion, the product has not been manufactured in accordance with the TSE Guideline;
c
requiring him, by a date specified in the notice, to recover possession of any of the product that he has supplied to another person, or to persons of a particular class or description.
2
Any person who is aggrieved by a decision to serve a notice under paragraph (1) may appeal within 7 days against that notice to a magistrates' court or, in Scotland, to the Sheriff, who may order that the notice be modified or withdrawn.
New evidence of compliance
5
Where the appropriate Minister has determined in accordance with regulation 3(6), (7) or (8) that, in his opinion, an unlicensed product has not been manufactured in accordance with the TSE Guideline, but the person on whom the notice was served satisfies the appropriate Minister that he has new evidence that may demonstrate that the product has been manufactured in accordance with the TSE Guideline, the appropriate Minister may —
a
withdraw any notice he has issued under regulation 4;
b
issue a further notice under regulation 3(1) on that person in respect of that product, notwithstanding the earlier determination.
Records of evidence of compliance
6
1
The designated record-keeper for an unlicensed product shall, if materials to which the TSE Guideline applies were used in the course of the manufacture of that product —
a
establish records in English that demonstrate that the product has been manufactured in accordance with the TSE Guideline; and
b
keep those records available for the appropriate Minister for a period of five years from the date on which he imports or markets the product, or for a period of one year from the expiry date for the product, whichever is the longer.
2
For the purposes of paragraph (1) —
a
a person is the designated record-keeper for an unlicensed product —
i
if he is the person who imports the product, or
ii
if the product has been manufactured or assembled in the United Kingdom, if he is the person who manufactured or assembled the product in the United Kingdom;
b
if materials used in the course of the manufacture of an unlicensed product may be materials to which the TSE Guideline applies, they shall be deemed to be materials to which the TSE Guideline applies, unless the designated record-keeper for the unlicensed product is able to demonstrate that they are not materials to which the TSE Guideline applies.
Enforcement
7
1
In relation to unlicensed products, each weights and measures authority in Great Britain and each district council in Northern Ireland is relieved of the duty imposed by section 27(1) of the 1987 Act (enforcement) to enforce within their area these Regulations, and that duty is transferred —
a
in Great Britain, to the Secretary of State;
b
in Northern Ireland, to the Minister of Health, Social Services and Public Safety.
2
In respect of an offence committed under section 12 of the 1987 Act relating to a contravention of regulation 2 —
a
a magistrates' court in England or Wales may try any information laid within 12 months from the time when the offence was committed;
b
a magistrates' court in Northern Ireland may hear and determine any complaint made within 12 months from the time when the offence was committed; and
c
in Scotland, summary proceedings for the offence may be commenced at any time within 12 months from the time when the offence was committed.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
2nd July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) (Amendment No. 2) Regulations 2003 and shall come into force on 18th August 2003.
2
The Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2003 are hereby revoked.
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
12th August 2003


text:
Citation and commencement
1
This Order may be cited as the Port of London Authority Harbour Revision Order 2003 and shall come into force on 8th October 2003.
Interpretation
2
In this Order words and expressions defined in the 1968 Act have the same meaning as in that Act and “the 1968 Act” means the Port of London Act 1968 .
General directions
3
In subsection (1) of section 111 (General directions to vessels in the Thames) of the 1968 Act there shall be inserted after paragraph (c):
cc
for requiring vessels which fall outside the scope of any formal risk assessment in respect of safety of navigation carried out by the Port Authority and currently valid, to submit to a specific risk assessment before entering the Thames or any specified part of the Thames;
.
Licensing of vessels
4
1
For sections 124 (Registration of craft) to 132 (Charges in relation to craft and boats for hire) of the 1968 Act there shall be substituted the following —
c
Licensing of vessels
Unlicensed vessels not to be navigated
124
1
Subject to subsection (2) of this section, a vessel shall not be navigated, worked or moored within the vessel licensing area unless —
a
there is in force in relation to it a relevant licence issued by the Port Authority in accordance with byelaws made by the Port Authority; and
b
the name of the vessel and such other particulars as may be prescribed in byelaws made by the Port Authority are displayed on the vessel in the manner prescribed by those byelaws.
2
Subsection (1) of this section shall not apply to —
a
a vessel which is navigated, worked or moored only occasionally in the vessel licensing area;
b
a pleasure vessel;
c
a hovercraft or seaplane;
d
any vessel (other than a ship registered under the Merchant Shipping Act 1995 or any vessel usually used for navigation) which is used primarily as a place of habitation, or as a place for accommodating or receiving persons for the purposes of shelter, recreation, entertainment or refreshment, or as club premises or offices, while it is moored;
e
any vessel which —
i
has a navigability licence issued by a member of the European Community other than the United Kingdom, in accordance with Council Directive 76/135/ EEC , and
ii
is navigating in an area which is an inland waterway or maritime shipping lane for the purpose of the Directive;
f
a vessel licensed by a local authority or any other navigation authority;
g
a vessel to which Part I of the Merchant Shipping (Port State Control) Regulations 1995 applies;
h
a vessel to which survey requirements apply under the Merchant Shipping (Survey and Certification) Regulations 1995 or under any other rules or regulations made, or having effect as if made, under the Merchant Shipping Act 1995 ;
i
a vessel operated by a member of the United Kingdom Search and Rescue Organisation and declared to the Maritime and Coastguard Agency as a dedicated resource; and
j
such other vessels as may be from time to time exempted by byelaws made by the Port Authority.
3
For the purpose of this section the Port Authority may issue a licence —
a
in relation to all or any part of the vessel licensing area; and
b
on such terms and conditions and subject to such restrictions as they think appropriate in the interests of safety.
4
The owner of a vessel which is navigated, worked or moored in contravention of subsection (1) of this section, or in contravention of any term, condition or restriction imposed by a licence issued under subsection (3) of this section shall be guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding the statutory maximum; and
b
on conviction on indictment to a fine.
5
In this section —
“navigation authority” means any person who has a duty or power under any enactment to work, maintain, improve or control, or license vessels within, any canal or other inland navigation, navigable river, estuary, harbour or dock;
“relevant licence” means a licence applicable to the area in which the vessel in question is being navigated, worked or moored,
and for the purpose of subsection 2(a) of this section a vessel is navigated, worked or moored only occasionally in the vessel licensing area if —
a
it is navigated, worked or moored within that area not more than three times in any period of 12 months; and
b
on each such occasion it is navigated, worked or moored within the vessel licensing area for no more than 48 hours.
Power to refuse or revoke or suspend a licence
125
1
Subject to section 126 (Appeals) of this Act, the Port Authority may refuse to licence or may revoke or suspend the licence of a vessel, in relation to the whole or to any part of the vessel licensing area, if they are satisfied that —
a
the vessel is not fit for its intended purpose;
b
the vessel cannot be safely navigated, worked or moored in the vessel licensing area, or any part of it; or
c
in the case of a boat for hire it is in the interests of safe navigation to prohibit boats for hire in a part of the vessel licensing area or to restrict the number of boats for hire in the vessel licensing area or in part of the vessel licensing area.
2
In considering for the purposes of this section the fitness of a vessel the Port Authority may have regard, amongst other things, to its life-saving equipment, fire extinguishing appliances, navigational equipment arrangements, machinery for mechanical propulsion and other auxiliary machinery.
3
The Port Authority may, for the purpose of their licensing functions and subject to the provisions of section 126 (Appeals) of this Act, require the owner of the vessel to give them such information or reports as they may reasonably require as to its fitness.
4
Nothing in this section shall be taken as imposing an obligation on the Port Authority to undertake a structural survey of a vessel for the purpose of discharging their licensing functions.
Appeals
126
1
If the Port Authority under section 125 (Power to refuse or revoke or suspend a licence) of this Act —
a
refuse to licence a vessel; or
b
revoke or suspend the licence of a vessel; or
c
require the owner of the vessel to give them information or reports as to its fitness;
they shall give written notice to the owner of the vessel of their decision or requirement and the notice shall inform the owner of his right under subsection (3) of this section to appeal against the decision or requirement.
2
On issuing a licence under subsection (3) of section 124 (Unlicensed vessels not to be navigated) of this Act the Port Authority shall give written notice to the owner of the vessel in question of his right under subsection (3) of this section to appeal against any conditions, restrictions or limitations attaching to the licence.
3
The owner of a vessel who is aggrieved by any such decision, requirement, condition, restriction or limitation as is referred to in subsection (1) or (2) of this section may, within a time specified in the notice referred to in those subsections, being a date not earlier than twenty-eight days after the service of the notice on the owner, appeal to the Secretary of State, and Schedule 4 to this Act shall apply in relation to such an appeal.
Inaccurate or lost licences
127
If the Port Authority are satisfied that a licence for a vessel issued by them under section 124 (Unlicensed vessels not to be navigated) of this Act and in force is —
a
inaccurate, they shall issue to the owner of the vessel a corrected licence and shall amend their records accordingly;
b
lost or destroyed, they shall issue to the owner of the vessel a duplicate of the licence.
Registers to record mortgages, etc. , and to be open to inspection
128
1
The Port Authority shall on the written application by the mortgagee or assignee of a vessel licensed by the Port Authority under section 124 (Unlicensed vessels not to be navigated) of this Act register particulars of a subsisting mortgage of the vessel or of a subsisting assignment of the vessel by way of security or in trust for the benefit of creditors.
2
The records relating to vessels kept by the Port Authority under this Part of this Act shall be open to inspection by any person at a reasonable time and upon payment of a reasonable fee.
Charges in relation to vessels
129
The Port Authority may make reasonable charges in respect of the exercise of their functions under sections 124 to 128 of this Act.
Byelaws
5
1
Section 162 (Thames byelaws) of the 1968 Act shall be amended as follows —
a
in subsection (1), after paragraph (i) there shall be inserted —
j
to regulate the licensing of vessels for the purpose of sections 124 to 129 of this Act;
k
for regulating the equipment of vessels and requiring vessels to carry specified equipment in the interests of safety;
l
in relation to any vessels other than pleasure vessels, to impose requirements as to the standards of competence and experience required by persons navigating or working vessels, and requirements as to the number, competence and experience of its crew;
; and
b
after subsection (2) there shall be inserted —
3
Byelaws made under subsection (1) of this section may impose different requirements in relation to different vessels or types of vessels, different parts of the Thames and different types of activity or movement.
4
Byelaws made under sub-section (1)(l) of this section may authorise the imposition of reasonable charges by the Port Authority for assessing standards of competence and experience and for issuing any relevant certificates and endorsements required by such byelaws.
2
For section 164 (Watermen and lightermen byelaws) there shall be substituted the following —
Watermen and lightermen byelaws
164
1
Subject to subsection (2) of this section, and without prejudice to the generality of section 162 (Thames byelaws) of this Act, byelaws made under subsection 1(l) of section 162 for the purpose of imposing requirements as to the standards of competence and experience required by persons navigating or working vessels may include provision for defining and varying the qualification required for a waterman’s or lighterman’s licence and the conditions on which such licences are to be granted and renewed, and by virtue of subsection (3) of section 162 such byelaws may provide for different qualifications to be required and different licences granted in different circumstances.
2
No such byelaw shall authorise the granting of a waterman’s or lighterman’s licence to a person who has not demonstrated to the Port Authority such a level of knowledge about, and experience of navigating in, the Thames as the Port Authority reasonably considers appropriate.
Modification of charging regime
6
Section 34 (Exemption from navigation tolls) of the 1968 Act shall be repealed.
Ancillary and consequential amendments and repeals
7
1
Subsection (1) of section 2 (Interpretation) of the 1968 Act shall be amended as follows —
a
for the definition “boat for hire” there shall be substituted the following definition —
“boat for hire” means a passenger vessel whether or not it is let for hire and any other vessel which is let for hire for carrying persons;
;
b
for the definition of “passenger boat”, there shall be substituted the following definition —
“passenger vessel” means a vessel used for carrying passengers;
;
c
after the definition of “passenger boat” there shall be inserted the following definitions —
“passengers” means any persons carried on a vessel other than its crew;
“pleasure vessel” has the same meaning as in the Merchant Shipping (Survey and Certification) Regulations 1995;
;
d
the definition of “navigation tolls” shall be repealed;
e
after the definition of “vessel” there shall be inserted the following definition —
“the vessel licensing area” means that part of the Thames above the former seaward limit;
; and
f
for the definition of “waterman” there shall be substituted the following definition —
“waterman” means a person having charge of a vessel (other than a pleasure vessel) underway or working on the Thames and includes a lighterman;
.
2
In subsection (6)(a) of section 120 (Power to raise and remove vessels, sunk etc.) for the words “lighter, tug or boat for hire which has at any time been registered by them” there shall be substituted the words “vessel which has at any time been registered or licensed by them”.
3
In Part II of Schedule 10 to the 1968 Act, the definition of “river craft” shall be amended by the substitution of “licensed” for “registered”.
4
Section 165 (Craft and boat byelaws) shall be repealed.
Transitional provisions
8
1
Notwithstanding the repeal by this Order of section 165 of the 1968 Act and the amendment by this Order of the definition of “waterman” and section 164 of the 1968 Act, but subject to paragraphs (2) and (3) below, the Craft and Boat Registration and Regulation Byelaws 2000 and the Port of London Watermen and Lightermen Byelaws 1992 shall continue to have effect and shall be deemed to have been made under, respectively, section 162, and sections 162 and 164, of the 1968 Act as amended by this Order.
2
The Craft and Boat Registration and Regulation Byelaws 2000 shall be amended as follows —
a
in byelaw 2 —
i
for the definition of “Boat for Hire”, at the end, there shall be substituted —
“Boat for Hire” means a passenger vessel whether or not it is let for hire and any other vessel which is let for hire for carrying persons;
;
ii
for the definition of “Craft” there shall be substituted —
“Craft” means any vessel other than a Boat for Hire;
;
iii
the definitions of “Barge”, “Lighter” and “Other Like Craft for Carrying Goods” shall be deleted;
iv
in paragraph (j) for the words “Lower Hope Point” there shall be substituted the words “the Former Seaward Limit”;
v
for the definition of “passenger boat” there shall be substituted —
“passenger vessel” means a vessel used for carrying passengers;
;
vi
after paragraph (q) there shall be inserted —
qq
“Passengers” means any persons carried on a vessel other than its crew;
;
b
for every reference to a “Lighter” there shall be substituted a reference to a “Craft” except in paragraph 10.2 b) ii) where there shall be substituted for the word “Lighter” the words “Craft, excluding Tugs”;
c
in paragraph (g) of byelaw 4 the words “in the case of a Boat for Hire” shall be deleted and after “operate” there shall be inserted the words “the Craft or”;
d
in byelaw 7.1 for the words “for carrying passengers” there shall be substituted the words “for the purpose for which it is licensed”;
e
in byelaw 12.1, the words “for reward” shall be deleted;
f
after byelaw 12.3 there shall be inserted —
12.4
This byelaw shall not apply to any vessel which is exempt from the requirement for licensing under section 124 (Unlicensed vessels not to be navigated) of the Act
;
g
references to the registration (under the 1968 Act) of a craft or boat for hire shall have effect as references to the licensing of that vessel for the purpose of section 124 of the 1968 Act, and references to a certificate of registration shall have effect as references to a licence.
3
The amendments to the definition of “waterman” and “passenger boat” made by this Order shall not affect the meanings of those terms as used in the Port of London Watermen and Lightermen Byelaws 1992.
4
Any certificate of registration or licence issued by the Port Authority before the coming into force of this Order under section 124 (Registration of craft) or 126 (Registration of boats for hire) of the 1968 Act shall be deemed to be a licence issued under section 124 of the 1968 Act as re-enacted by this Order.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division in the
Department for Transport
1st October 2003


text:
1
This Order may be cited as The A660 Trunk Road (Boundary of the City of Bradford and Leeds City to Weetwood Roundabout) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/348, marked “The A660 Trunk Road (Boundary of the City of Bradford and Leeds City to Weetwood Roundabout) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DFT, Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Liverpool to Leeds Trunk Road (A660).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
10th January 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No. 3) Regulations 2003 and shall come into force on 1st September 2003.
2
In these Regulations “the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .
Amendment of regulation 1 of the Tribunal Regulations
2
In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation) —
a
in the appropriate place insert the following definition —
“the 2002 Act ” means the Education Act 2002 ;
;
b
in the definition of “case” —
i
at the end of paragraph (j), the word “or” is omitted; and
ii
at the end, add the following —
or
l
an appeal under section 166 of the 2002 Act including an application for, or consideration by the Tribunal of the making of, an order under section 166(5);
;
c
in the definition of “registration authority” —
i
at the end of paragraph (a), the word “and” is omitted; and
ii
at the end, add the following —
c
in relation to an appeal under section 166 of the 2002 Act, the Secretary of State for Education and Skills or the Assembly;
; and
d
in the definition of “the respondent”, at the end, add —
k
in relation to an appeal under section 166 of the 2002 Act, the registration authority.
.
Amendment of regulation 4 of the Tribunal Regulations
3
In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave) at the end, add the following —
9
In the case of an appeal under section 166 of the 2002 Act (including in relation to the making of an order under section 166(5)), the procedure set out in Schedule 9 shall apply.
.
Amendment of regulation 6 of the Tribunal Regulations
4
In regulation 6 of the Tribunal Regulations (directions) —
a
in paragraph (Z1) , after the words “Suspension Regulations” add “or in relation to an application for an order under section 166(5) of the 2002 Act pursuant to paragraph 7(1) of Schedule 9”; and
b
in paragraph (1), for the words “in paragraph 6 of Schedule 1, 2, 3, 6 or 8” substitute “in paragraph 6 of Schedule 1, 2, 3, 6, 8 or 9”.
Amendment of regulation 6A of the Tribunal Regulations
5
In regulation 6A of the Tribunal Regulations (directions: appeals under the suspension regulations) , in paragraph (1), after the words “Suspension Regulations” add “and in the case of an application for an order under section 166(5) of the 2002 Act”.
Amendment of regulation 7 of the Tribunal Regulations
6
In regulation 7 of the Tribunal Regulations (fixing and notification of hearing), at the beginning, add the following paragraph —
Z1
This regulation shall not apply in relation to an application for an order under section 166(5) of the 2002 Act.
.
Amendment of regulation 9 of the Tribunal Regulations
7
In regulation 9 of the Tribunal Regulations (further directions), in paragraph (2)(b), at the beginning, add “except in relation to an application for an order under section 166(5) of the 2002 Act,”.
Amendment of regulation 23 of the Tribunal Regulations
8
In regulation 23 of the Tribunal Regulations (the decision), in paragraph (4), after the words “in paragraph (2) and” insert “(except where the decision relates to the making of an order under section 166(5) of the 2002 Act)”.
Amendment of regulation 25 of the Tribunal Regulations
9
In regulation 25 of the Tribunal Regulations (review of the tribunal’s decision), at the beginning add the following paragraph —
Z1
This regulation shall not apply in relation to an application for an order under section 166(5) of the 2002 Act.
.
Amendment of regulation 26 of the Tribunal Regulations
10
In regulation 26 of the Tribunal Regulations (powers of tribunal on review), at the beginning add the following paragraph —
Z1
This regulation shall not apply in relation to an application for an order under section 166(5) of the 2002 Act.
.
Amendment of regulation 35 of the Tribunal Regulations
11
In regulation 35(3) of the Tribunal Regulations, for the words “Schedule 2, 6, 7 or 8”, substitute “Schedule 2, 6, 7, 8 or 9.”.
Amendment of the Tribunal Regulations: Schedule 9
12
After Schedule 8 of the Tribunal Regulations (appeal under paragraph 10(1A) of Schedule 26 to the 1998 Act against a decision of the chief inspector), add the Schedule 9 set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Warner
Minister of State,
Department of Health
7th August 2003


text:
Citation and Commencement
1
1
This Order may be cited as the District of South Cambridgeshire (Electoral Changes) (Amendment) Order 2003.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2002 Order
2
1
The District of South Cambridgeshire (Electoral Changes) Order 2002 shall be amended as follows:
2
In article 6 (4), “Babraham,” , “Great Abington,”, “Little Abington,”, “Pampisford,” , and “West Wickham,” shall be omitted, and “and Westwick” shall be inserted after the word “Oakington”.
3
In article 6 (5) “Babraham,” shall be inserted before the word “Barrington”, and “Grantchester, Great Abington, Little Abington and Pampisford” shall be substituted for “and Grantchester”.
4
In article 6 (7), “Babraham,” shall be inserted before the word “Barrington”, and “, Grantchester, Great Abington, Little Abington and Pampisford” shall be substituted for “and Grantchester”.
5
In article 6 (8), “Ditton” shall be substituted for “Bitton”.
6
The following shall be substituted for article 6 (10):
Rule 8 of the Local Elections (Parishes and Communities) Rules 1986 (filling of casual vacancies) shall have effect, in the case of a casual vacancy occurring before 7 th May 2007 in the office of a parish councillor for the parishes of Babraham, Barrington, Barton, Great Abington, Little Abington, Pampisford and Grantchester as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 7 th May 2007; and in the case of a casual vacancy occurring before 6 th May 2008 in the office of a parish councillor for the parishes of Fen Ditton, Harston, Haslingfield, Horningsea, Great and Little Chishill, Great Eversden and Little Eversden, Harlton, Heydon, Histon, Impington, Newton, Sawston and Whaddon as if the references in paragraphs (1) and (4) of that rule to the day on which that councillor would regularly have retired were a reference to 6 th May 2008.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
13th March 2003
Glyn Mathias
Commissioner
13th March 2003
Neil McIntosh
Commissioner
13th March 2003
Karamjit Singh
Commissioner
13th March 2003
Sam Younger
Commissioner
13th March 2003
Graham Zellick
Commissioner
13th March 2003