text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment (No.2) Regulations 2004 and shall come into force on 6th October 2004.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
In the Social Security (Claims and Payments) Regulations 1987 —
a
in regulation 19 (time for claiming benefit), in paragraph (3), omit sub-paragraph (ff) , and
b
in Schedule 4 (prescribed times for claiming benefit) after paragraph 11 —
i
in column (1) (description of benefit) add —
12
State pension credit.
, and
ii
in the corresponding part of column (2) (prescribed time for claiming benefit) add —
As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
14th July 2004


type: legislation

jurisdiction: UK

text:
Citation and interpretation
1
1
This Order may be cited as the Railways and Transport Safety Act 2003 (Commencement No. 3) Order 2004.
2
In this Order, “the 2003 Act ” means the Railways and Transport Safety Act 2003.
Commencement of provisions
2
The following provisions of the 2003 Act shall come into force on 19th June 2004 —
a
sub-section (1) of section 34 (Compulsory police services agreement); and
b
section 74 (Regulations and orders).
3
The following provisions of the 2003 Act shall come into force on 1st July 2004 —
a
section 18 (The British Transport Police Authority);
b
section 19 (Exercise of functions);
c
section 20 (Establishment of Police Force);
d
section 21 (Chief Constable);
e
section 22 (Deputy Chief Constable);
f
section 23 (Assistant Chief Constables);
g
section 24 (Constables);
h
section 25 (Special constables);
i
section 26 (Cadets);
j
section 27 (Civilian employees);
k
section 28 (Exercise of powers by civilians);
l
section 29 (Terms of employment);
m
section 30 (Trade union membership);
n
section 31 (Jurisdiction);
o
section 32 (Prosecution);
p
section 33 (Police services agreement);
q
sub-sections (2), (3) and (4) of section 34 (Compulsory police services agreement);
r
section 35 (Arbitration by Secretary of State);
s
section 36 (Police regulations: general);
t
section 37 (Police regulations: special constables);
u
section 38 (Police regulations: cadets);
v
section 39 (British Transport Police Federation);
w
section 40 (Regulations: approval in draft);
x
section 41 (Police regulations: direction to Authority);
y
section 42 (Police regulations by Secretary of State);
z
section 43 (Regulations: further appeal);
aa
section 44 (Equipment regulations);
bb
section 45 (Regulation of procedure and practice);
cc
section 46 (Conditions of service: Transport Police Conference);
dd
section 47 (Code of practice: Authority);
ee
section 48 (Code of practice: Chief Constable);
ff
section 49 (Service outside Police Force);
gg
section 50 (Police objectives: Authority);
hh
section 51 (Police objectives: Secretary of State);
ii
section 52 (Railways policing plan);
jj
section 53 (Performance targets);
kk
section 54 (Performance directions);
ll
section 55 (Three-year strategy plan);
mm
section 56 (Reports by Chief Constable);
nn
section 57 (Annual report by Authority);
oo
section 58 (Other reports to Secretary of State);
pp
section 59 (Statistics);
qq
section 60 (Inquiry);
rr
section 61 (Inquiry: supplemental);
ss
section 62 (Public consultation);
tt
section 63 (Inspection);
uu
section 64 (Action after adverse inspection report);
vv
section 65 (Remedial direction);
ww
section 66 (Action plan);
xx
section 67 (Senior appointment: delegation of function);
yy
section 68 (Offences);
zz
section 69 (Part III of the Road Traffic Offenders Act 1988 (c. 53) );
aaa
section 70 (International assistance);
bbb
section 71 (Exercise of functions by Secretary of State);
ccc
section 72 (Crown application);
ddd
section 73 (Consequential, transitional and incidental provision);
eee
section 75 (Interpretation);
fff
section 76 (Index of defined expressions);
ggg
section 77 (Extent);
hhh
section 118 (repeals) so far as it relates to the provisions of Schedule 8 brought into force by paragraph (kkk);
iii
Schedule 4 (British Transport Police Authority);
jjj
Schedule 5 (British Transport Police: Consequential Amendments);
kkk
In Schedule 8 (Repeals), the entries relating to the British Transport Commission Act 1949 , sections 132 and 133 of, and Schedule 10 to, the Railways Act 1993 , paragraphs 7 to 10 of Schedule 18 to the Transport Act 2000 and the Anti-terrorism, Crime and Security Act 2001 .
4
The following provisions of the 2003 Act shall come into force on 5th July 2004 —
a
section 118 (repeals), so far as it relates to the provision of Schedule 8 brought into force by paragraph (b).
b
Schedule 8 (repeals), so far as it relates to Section 1 of the Railways Act 1993.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
18th June 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Conduct of Referendums) (England) (Amendment) Regulations 2004 and shall come into force on the day after that on which they are made.
2
These regulations apply to the holding of referendums by local authorities in England.
Amendment of conduct of referendums regulations
2
1
The Local Authorities (Conduct of Referendums) (England) Regulations 2001 shall be amended as follows.
2
In regulation 2(1), insert in the appropriate place in alphabetical order —
“the Combination of Polls Regulations ” means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the 1985 Act;
“local government election” shall have the same meaning as in section 203(1) of the 1983 Act ;
“mayoral election” shall have the same meaning as in the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 ;
“relevant election or referendum” means one or more of the following —
another referendum, (including a further referendum);
a Parliamentary election ;
a European Parliamentary election;
a local government election;
a mayoral election;
the poll at which is taken together with the poll at the referendum .”.
3
For regulation 15(4), substitute —
4
The 1985 Act and the Elections Regulations shall have effect subject to the further modifications provided for in Part I of Schedule 5.
4A
The Principal Areas Rules shall have effect subject to the modifications set out in Part II of Schedule 5.
4
In regulation 16 —
a
in paragraph (6), omit the words “the 1986 Regulations”; and
b
omit paragraph (8).
5
For regulation 17(4), substitute —
4
Where the poll at a referendum is combined with the poll at another referendum, the Principal Areas Rules, modified as set out in Schedule 3 to those Rules shall have effect in relation to the referendum, subject to the modifications set out in Part II of Schedule 5; and a provision set out in column 1 of that Part and expressed to apply only in the circumstances there mentioned, and any modification shown in column 2 as applicable to any such provision, shall have effect only in those circumstances.
.
6
Regulations 15(5), (7) and (9), and 16(4), (5) and (7) are revoked.
7
For Schedule 5, substitute Schedule 5 as set out in the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
12th March 2004


text:
Title, commencement and application
1
This Order, which applies to England, may be cited as the Fur Farming (Compensation Scheme) (England) Order 2004 and shall come into force on 31st August 2004.
Interpretation
2
1
In this Order —
“the 2002 Order ” means the Fur Farming (Compensation Scheme) (England) Order 2002 ;
“ the Act ” means the Fur Farming (Prohibition) Act 2000;
“agricultural occupancy condition” means a condition either imposed or having effect under section 70 of the Town and Country Planning Act 1990 by virtue of which the occupation of a dwelling is limited to a category of persons which includes persons solely or mainly working in the locality for the purposes of agriculture;
“applicant” means a person claiming to be entitled to compensation in accordance with this Order and “application” shall be construed accordingly;
“asbestos” means amosite, crocidolite, chrysotile, fibrous actinolite, fibrous anthophyllite, fibrous tremolite and any mixture containing one or more of those minerals;
“associate” has the meaning ascribed to it in Schedule 1;
“determination as to amount” means a determination made by the Secretary of State under article 6 as to the amount of compensation payable to an entitled applicant;
“determination of entitlement” means a determination made by the Secretary of State under article 5 that an applicant is entitled to compensation under this Order;
“discounted replacement cost” means (in relation to an item of equipment) the reasonable cost of replacing that item less a reasonable allowance in respect of depreciation which —
takes into account both —
the age, condition and expected useful life of the item, and
any other factors that are relevant, and
is arrived at in accordance with UK GAAP ;
“entitled applicant” means a person in respect of whom a determination of entitlement has been made;
“equipment” includes —
equipment which is attached to any land or building (as well as equipment which is not),
specialised buildings, and
security installations;
“mink” means an animal of the species Mustela vison ;
“non-qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of activities other than keeping mink for one or more of the relevant purposes;
“professional fees” means any fees paid by an applicant to an accountant or to a surveyor or valuer (or both) in respect of the work carried out by them in preparing an application;
“qualifying business” means a business carried on (or formerly carried on) so far as it consists (or consisted) of keeping mink for one or more of the relevant purposes;
“reference date” means (in relation to a qualifying business) the date on which the last complete accounting period prior to the cessation of the qualifying business ended;
“reference period” means (in relation to a qualifying business) the period of five years ending on the reference date for that qualifying business;
“relevant planning gain” means any increase in the value of a restricted property which —
results from the removal of the agricultural occupancy condition from that property following the cessation of a qualifying business, and
is realised on the sale of the property within three years of the date on which the entitled person ceased to carry on his qualifying business;
“relevant purposes” means (in relation to the keeping of mink) the following purposes —
slaughter (whether by the keeper of the mink or by any other person) solely or primarily for the value of their fur, and
sale for such slaughter;
“restricted property” means any property —
in which an entitled person (or any associate of that entitled person) had a freehold or leasehold interest at any time between 23rd November 2000 and the date on which the entitled person ceased to carry on his qualifying business, and
which was subject to an agricultural occupancy condition at any time during that period;
“Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“security installation” means any device, fence or structure installed or erected in order to retain mink within an area or to exclude any trespassers from entering an area in which mink are kept or housed;
“specialised building” means any building or structure which —
has been used solely or primarily in a qualifying business, and
cannot reasonably be used for any other purpose; and
“UK GAAP” means generally accepted accounting practice in the United Kingdom.
Compensation
3
The Secretary of State shall pay compensation in accordance with the following provisions of this Order to any applicant who satisfies her that —
a
on 2nd March 1999, he–
i
was carrying on a qualifying business, and
ii
held a licence to keep mink in accordance with the Mink Keeping Order 1997 ;
b
not later than 31st December 2002, he had ceased, by reason of the enactment or coming into force of section 1 of the Act, to carry on his qualifying business; and
c
as a result, he has incurred any income losses or non-income losses (or both) of the kind specified in Schedule 2.
Application for compensation
4
Schedule 3 shall apply in relation to an application.
Determination of entitlement to compensation
5
1
Schedule 4 shall apply in relation to a determination of entitlement.
2
The Secretary of State shall make a determination of entitlement in respect of any applicant where, on the basis of the information provided in that applicant’s application and any other relevant information available to her, it appears to her that he fulfils the requirements set out in article 3.
3
The Secretary of State shall also make a determination of entitlement in respect of an applicant if either —
a
an arbitrator finds in favour of the applicant following a reference by agreement in accordance with section 5(5) of the Act; or
b
the Lands Tribunal finds in favour of the applicant following a reference in accordance with section 5(6) of the Act.
4
The Secretary of State may revoke a determination of entitlement at any time within six years of the date on which it was originally made if —
a
either–
i
she believes that any information supplied to her in support of an application was inaccurate in any material respect, or
ii
new information, which is relevant and material to an application, becomes available to her; and
b
she is satisfied that the person in respect of whom the determination of entitlement was made does not fulfil the requirements set out in article 3.
5
Where the Secretary of State either —
a
does not make a determination of entitlement in respect of an applicant, or
b
revokes a determination of entitlement in respect of any person,
she may, if she is satisfied that the person fulfils the requirements set out in paragraphs (a) and (b) of article 3, make a payment to that person in respect of any reasonable professional fees paid by him.
Determination as to amount
6
1
Schedule 5 shall apply in relation to a determination as to amount.
2
The Secretary of State shall make a determination as to amount in respect of an entitled applicant specifying the amount which, on the basis of the information provided in that entitled applicant’s application and any other relevant information available to her, she considers is due to that entitled applicant in accordance with the provisions of Schedule 6.
3
The Secretary of State may revise a determination as to amount either —
a
in accordance with paragraph 6(1)(a)of Schedule 5;
b
following an arbitration in accordance with section 5(5) of the Act; or
c
following a reference to the Lands Tribunal in accordance with section 5(6) of the Act.
4
The Secretary of State shall revise a determination as to amount in accordance with paragraph (3) to the extent (if any) that either —
a
an arbitrator finds in favour of the applicant following a reference by agreement in accordance with section 5(5) of the Act; or
b
the Lands Tribunal finds in favour of the applicant following a reference in accordance with section 5(6) of the Act.
5
The Secretary of State may also revise a determination as to amount at any time within six years of the date on which it was originally made if —
a
either —
i
she believes that any information supplied to her in support of an application was inaccurate in any material respect, or
ii
new information (including information relating to a change in circumstances), which is relevant and material to an application, becomes available to her; and
b
she is satisfied that the amount payable to the person in respect of whom the determination as to amount was made is different from the amount specified in the determination as to amount.
6
Where there has been a change of circumstances which is relevant and material to an application, the Secretary of State may revise a determination as to amount under paragraph (5), irrespective of whether or not —
a
the information provided in the application was correct at the time when it was submitted to her, or
b
the amount specified in the original determination as to amount was correctly calculated on the basis of the information provided in the application and any other relevant information available to her at the time.
7
Where the Secretary of State revises a determination as to amount in accordance with this article, she shall notify the person in respect of whom the determination as to amount was made that she has done so and paragraphs 4 to 9 of Schedule 5 shall apply.
8
Where —
a
a person in respect of whom a determination as to amount has been made subsequently realises a relevant planning gain on the sale of a restricted property, and
b
the amount to be deducted in accordance with Part 9 of Schedule 6 from the compensation otherwise payable to that entitled applicant is equal to or exceeds the amount payable in accordance with Parts 3 to 8 of Schedule 6,
the Secretary of State shall specify in her revised determination as to amount that the amount of compensation payable to that person is zero.
9
A determination as to amount made in respect of any person whose determination of entitlement is revoked in accordance with article 5(4) shall automatically be revoked.
Payment of compensation
7
1
The Secretary of State shall, within six weeks of the date on which she receives written notification under paragraph 4(1) of Schedule 5 or paragraph 7(1) of Schedule 5 (as the case may be) that a determination as to amount has been accepted, pay to the person in respect of whom it was made the amount specified in the determination as to amount.
2
If, after nine months has elapsed from the date on which the Secretary of State first notifies an entitled applicant in accordance with paragraph 1(b) of Schedule 5 or paragraph 3 of Schedule 5 (as the case may be) of her determination as to amount, the Secretary of State has not received written notification under paragraph 4(1) of Schedule 5 or paragraph 7(1) of Schedule 5 (as the case may be) from that entitled applicant as to whether or not he accepts the determination as to amount, the Secretary of State may pay to the entitled applicant the amount specified in the determination as to amount.
Recovery of any overpayment
8
1
Subject to paragraph (3), where a determination of entitlement is revoked by the Secretary of State in accordance with article 5(4), the amount paid to that person by the Secretary of State under article 7 shall immediately become payable to the Secretary of State by the person in respect of whom the determination of entitlement had been made.
2
Subject to paragraph (3), where a determination as to amount is revised by the Secretary of State in accordance with article 6(5) and the amount specified in the revised determination as to amount (“the revised amount”) is less than the amount specified in the original determination as to amount (“the original amount”), the difference between the original amount and the revised amount shall immediately become payable to the Secretary of State by the person in respect of whom the determination as to amount had been made.
3
The Secretary of State shall not take any steps to enforce payment of any amount payable to her under this article until the procedures set out in Schedule 4 or Schedule 5 (as the case may be) have been exhausted.
Power to extend time limits
9
1
The Secretary of State may, if she thinks fit in a particular case, extend any of the time limits provided for in the following provisions of this Order —
a
paragraphs 2, 4(1), 4(2) and 6 of Schedule 4; and
b
paragraphs 2, 4(1), 4(2), 5(1), 5(2), 7(1), 7(2), 8(1) and 8(2) of Schedule 5.
2
The Secretary of State may extend a time limit in accordance with paragraph (1) even if it has already expired.
Transitional provisions for applications made under the 2002 Order
10
1
Any application made in accordance with the 2002 Order shall be treated as if it had been made in accordance with this Order.
2
Any payment made to an entitled applicant pursuant to article 6(a) of the 2002 Order shall be deemed to comprise part of the determination of amount under this Order.
3
Where paragraph (1) applies, the application shall be deemed to have been made and received by the Secretary of State on the date of coming into force of this Order.
Revocation of the 2002 Order
11
The 2002 Order is revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
23rd July 2004


text:
Title, extent and commencement
1
These Regulations may be cited as the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2004, extend to England and Wales and come into force on 31st March 2004.
Amendment to the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999
2
1
The Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of the Residues Directives there shall be substituted the following definition:
“the Residues Directives” means Council Directive 86/362/ EEC , Council Directive 86/363/EEC and Council Directive 90/642/EEC , in each case amended as at the date of the making of the Pesticides (Maximum Residue Levels in Crops, Food and Feeding Stuffs) (England and Wales) (Amendment) Regulations 2004.
.
3
In Schedule 1, in column 2, for the residue entries for Metalaxyl-M there shall be substituted “metalaxyl-M”.
4
In Part 2 of Schedule 2 —
a
in the column headed Prochloraz, for the entry for food group 3, Pulses, Peas there shall be substituted “0.3”;
b
for the columns relating to the pesticides Abamectin, 2,4-D, and Diquat there shall be substituted the columns of maximum permitted levels for residue of those pesticides as specified in the Schedule to these Regulations.
5
On 1st December 2004 —
a
in Schedule 1, in column 2, for the residue of Parathion-methyl there shall be substituted “Parathion-methyl (sum of Parathion-methyl and para-oxon-methyl expressed as Parathion-methyl)”;
b
in Part 1 of Schedule 2, the column for the pesticide Parathion-methyl shall be deleted;
c
in Part 2 of Schedule 2 —
i
there shall be inserted, in the appropriate place to preserve the alphabetical ordering, the column of maximum permitted levels for residue of the pesticide Parathion-methyl as specified in the Schedule to these Regulations;
ii
for the column relating to the pesticide Acephate there shall be substituted the column of maximum permitted levels for residue of the pesticide Acephate as specified in the Schedule to these Regulations.
Signed on behalf of the National Assembly for Wales
John Marek
Deputy Presiding Officer, National Assembly for Wales
9th March 2004
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
6th March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Provision of Information by Independent Schools) (England) (Amendment) Regulations 2004 and shall come into force on 17th January 2005.
2
These Regulations apply only in relation to England.
Amendments
2
The Education (Provision of Information by Independent Schools) (England) Regulations 2003 are amended in accordance with the following provisions of these Regulations.
3
In regulation 3(b) after “and” insert “Parts 1 to 4 of”.
4
In regulation 4 (Interpretation) insert the following definition —
“looked after by a local authority” has the meaning assigned to it by section 22(1) of the Children Act 1989(c. 41) ;
.
5
At the end of regulation 8(1) before the full stop insert “within one month following the date on which that person ceases to provide services to the school”.
6
For paragraphs 2(1) and (2) of the Schedule substitute the following —
2
1
Where the proprietor is an individual, his full name, any previous names by which he has been known, his usual residential address, telephone number and date of birth.
2
Where the proprietor is a corporation, a Scottish firm or a body of persons named as the proprietor in the register or in an application to enter a school in the register —
a
the address and telephone number of its registered or principal office, and
b
for each member of the Corporation, Scottish firm or body of persons his full name, any previous names by which he has been known, his usual residential address and date of birth.
.
7
After paragraph 5 of the Schedule insert the following —
5A
The number of pupils at the school who are looked after by a local authority.
.
8
In paragraph 9 of the Schedule for everything following “paragraphs” substitute “2(2)(b), 3(1) to 3(13), 3(15) and 7.”
9
In paragraph 10(b) of the Schedule omit “National Insurance number”.
10
In paragraph 10(c) of the Schedule after “part-time teacher” insert “(except that no information is required on qualifications in the case of a teacher who has ceased employment)”.
11
In paragraph 12(4) for everything following “for” substitute “boys and girls.”.
12
After paragraph 13 of the Schedule insert the following —
13A
Where a change has occurred in the membership of any corporation, Scottish firm or body of persons named as the proprietor in the register or in an application to enter a school in the register, in relation to any new member the information required in paragraph 2(2)(b) of this Schedule.
.
Stephen Twigg
Minister of State
Department for Education and Skills
20th December 2004


text:
1
This Order may be cited as the M25 Motorway (M25 Junction 2 Improvement) (M25 to A282 Section and Connecting Road) Scheme 2004 and shall come into force on 21st October 2004.
2
In this Scheme —
1
all measurements of distance are measured along the route of the relevant carriageway;
2
i
“the motorway” means the M25 Motorway;
ii
“the A2 Trunk Road” means the London — Dover Trunk Road (A2);
iii
“the A282 Trunk Road” means the Dartford Tunnel Southern Approach Road (A282);
iv
“the special roads” means all the special roads which the Secretary of State is authorised by this Scheme to provide;
v
“carriageway” means a way constituting or comprised in a highway being a way over which the public have a right of way for the passage of vehicles;
vi
“connecting road” means a special road connecting the motorway with other highways; and
vii
“the plan” means one of the site plans numbered 1 to 2 contained in the plan folio numbered HA 16/OD/31, marked “The M25 Motorway (M25 Junction 2 Improvement) (M25 to A282 Section and Connecting Road) Scheme 2004”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT, Records Management Branch, Floor 13, (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TB37 7GA.
3
The Secretary of State is authorised to provide for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980 —
a
a special road, which will be part of the motorway, along a route, forming two different lengths of carriageway of the A282 Trunk Road north of M25 Junction 2 at Dartford, being:
i
a length of the northbound carriageway starting at its junction with the motorway and proceeding northwards for 220 metres (the special road along this length being given the reference number 1 on the plan);
ii
a length of the southbound carriageway starting at its junction with the motorway and proceeding northwards for 135 metres (the special road along this length being given the reference number 2 on the plan),
b
a special road, which will be a connecting road, along a route for the purpose of connecting the existing westbound exit slip road of the A2 Trunk Road with the existing southbound entry connecting road of the motorway at Junction 2 at Dartford (the special road along this route being given the reference number 3 on the plan),
all in the Borough of Dartford in the County of Kent.
4
The centre lines of the special roads are indicated by heavy black lines on the plan.
5
The special roads described at article 3(b) above shall become trunk road from the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
Peter Wallwork
Divisional Director Highways Agency
22nd September 2004


text:
1
This Order may be cited as the County Court Fees (Amendment) Order 2004 and shall come into force on 31st August 2004.
2
In article 5(2)(b) of the County Court Fees Order 1999 —
a
for sub-paragraph (i) substitute —
i
child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002 ) which includes the party; or
and
b
for “£14,213” substitute “£14,600”.
Falconer of Thoroton, C
Date 25th July 2004
We concur
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
Date 4th August 2004


text:
1
These Regulations may be cited as the Education (Student Loans) (Repayment) (Amendment) Regulations 2004 and shall come into force on 17th May 2004.
2
The Education (Student Loans) (Repayment) Regulations 2000 shall be amended as follows.
3
In regulation 27 —
a
insert the following definition as the first definition —
“the 2003 Act ” means the Income Tax (Earnings and Pensions) Act 2003 ;
;
b
omit the definition of “the Income Tax Regulations”; and
c
at the end insert —
“the PAYE Regulations ” means the Income Tax (Pay As You Earn) Regulations 2003 .
.
4
For regulation 28 substitute the following —
28
Subject to the provisions contained in this Part, repayments by a borrower who is an employee shall be made, accounted for and recovered in like manner as income tax deducted from the emoluments of an office or employment by virtue of regulations under section 684 of the 2003 Act.
5
For paragraph (1) of regulation 32 substitute the following —
1
Where —
a
an employer has made an election under regulation 98(1) of the PAYE Regulations (Multiple PAYE schemes), and
b
no improper purpose notice has been issued under regulation 99(1) of those Regulations (Multiple PAYE schemes: election made for improper purpose ineffective), or if one has been issued it has been withdrawn under regulation 99(5),
he shall be treated as having made an election for the purposes of these Regulations.
.
6
In regulation 33(3) substitute “section 691 of the 2003 Act” for “section 203E of the 1988 Act”.
7
In regulation 35 —
a
in paragraph (1) substitute “regulation 40 of the PAYE Regulations, which contains a statement under regulation 50 of these Regulations” for “regulation 25 of the Income Tax Regulations (form P45), which contains a statement under regulation 50 of those Regulations”; and
b
in paragraph (2)(b) substitute “regulation 40 of the PAYE Regulations” for “regulation 25 of the Income Tax Regulations”.
8
In regulation 38(1) substitute “regulation 67 of the PAYE Regulations” for “regulation 39 of the Income Tax Regulations”.
9
In regulation 39 —
a
in paragraph (1) substitute “paragraphs (1A), (2), (2A) and (3)” for “paragraphs (2) and (3)”;
b
after paragraph (1) insert the following paragraph —
1A
Where the employer makes a payment in accordance with paragraph (1) by an approved method of electronic communications, he shall make the payment within 17 days of the end of the income tax month.
;
c
in paragraph (2) substitute “paragraphs (2A) and (3)” for “paragraph (3)”; and
d
after paragraph (2) insert the following paragraph —
2A
Where an employer makes a payment in accordance with paragraph (2) by an approved method of electronic communications, he shall make the payment within 17 days of the end of the income tax quarter.
.
10
In regulation 39A(1) substitute “17 days” for “14 days”.
11
In regulation 39B(1) substitute “17 days” for “14 days”.
12
In regulation 40 —
a
in paragraph (1) substitute “section 684 of the 2003 Act” for “section 203 of the 1988 Act”; and
b
in paragraph (1A) substitute “regulation 84 of the PAYE Regulations” for “paragraphs (1) to (5) of regulation 54 of the Income Tax (Employments) Regulations 1993 (being regulations made under section 203 of the 1988 Act)”.
13
In regulation 41 —
a
insert at the start of paragraph (1) “Subject to paragraph (1A)”;
b
after paragraph (1) insert the following paragraph —
1A
Where payment is made by an approved method of electronic communications, the interest payable under paragraph (1) shall be calculated as if the date in paragraph (1) was the 17th day after the year of assessment.
.
14
In regulation 42 —
a
in paragraph (4) substitute “17 days” for “14 days”;
b
in paragraph (5)(b) substitute “22nd April” for “19th April”; and
c
in paragraph (7) substitute “section 684 of the 2003 Act or section” for “section 203(2) (PAYE) or”.
15
In regulation 43(5) substitute “regulation 26 of the PAYE Regulations” for “regulation 21 of the Income Tax Regulations”.
16
In regulation 50 substitute “regulation 36(2)(a) of the PAYE Regulations” for “regulation 23(1) of the Income Tax Regulations”.
17
In regulation 51 —
a
insert at the start of paragraph (1) “Subject to paragraph (3),”; and
b
after paragraph (2) add the following paragraph —
3
This regulation shall not apply where an employer has paid an electronic payment default surcharge to the Board in respect of an incorrect payment.
.
18
There shall be inserted after regulation 52 the following regulations —
52A
In the application of regulation 202 of the PAYE Regulations (default notice and appeal) for the purposes of these Regulations the only ground for appeal shall be that the employer is not in default.
52B
In the application of regulation 203 of the PAYE Regulations (default surcharge) for the purposes of these Regulations —
“A” is the total amount of repayments payable for the year of assessment in which were made the relevant deductions to which the specified payment relates; and
“B” is the total of the amounts deducted from A under regulations 39(3) and 39(4) of these Regulations.
52C
In the application of regulation 210 of the PAYE Regulations (penalties and appeals) for the purposes of these Regulations an employer shall not be liable to a penalty as a result of this regulation if the employer has been liable to a penalty for failing to comply with regulation 205 of the PAYE Regulations or regulation 90N of the Social Security (Contributions) Regulations 2001 in relation to the same year of assessment.
.
Alan Johnson
Minister of State,
Department for Education and Skills
20th April 2004


text:
PART 1
PRELIMINARY
Citation and commencement
1
1
This Order may be cited as the Value Added Tax (Place of Supply of Goods) Order 2004 and shall come into force on 1st January 2005.
2
Part 3 (supplies of gas and electricity) has effect in relation to supplies made on or after 1st January 2005.
Rules for determining place of supply
2
The rules for determining where a supply of goods is made shall be varied in accordance with the following provisions of this Order.
Revocation
3
The Value Added Tax (Place of Supply of Goods) Order 1992 is hereby revoked.
PART 2
GOODS SUPPLIED ON BOARD SHIPS, AIRCRAFT AND TRAINS
Interpretation of Part 2
4
In this Part —
“Community transport” means the transportation of passengers between the point of departure and the point of arrival in the course of which —
there is a stop in a member State other than that in which lies the point of departure; and
there is no stop in a country which is not a member State;
“homeward stage” means that part of the return trip which ends at the first stop in the country in which the return trip commenced and which involves only such other stops, if any, as are in member States where there have previously been stops (in the course of that return trip);
“pleasure cruise” includes a cruise wholly or partly for the purposes of education or training;
“point of arrival” means the last place in the member States where it is expected that passengers who have commenced their journey at a place in a member State will terminate their journey or, where there is to follow a leg which will involve a stop in a place outside the member States, the last such place before such leg is undertaken;
“point of departure” means the first place in the member States where it is expected that passengers will commence their journey or, where there has been a leg which involved a stop in a place outside the member States, the first such place after such leg has been completed;
“return trip” means any journey involving two or more countries where it is expected that the means of transport will stop in the country from which it originally departed.
5
Subject to articles 6 to 8, where goods are supplied on board a ship, aircraft or train in the course of a Community transport, those goods shall be treated as supplied at the point of departure.
6
Subject to articles 7 and 8, any goods supplied on board a ship or aircraft in the course of a Community transport for consumption on board shall be treated as supplied outside the member States.
7
For the purposes of this Part —
a
part of transportation where it is expected that a different means of transport will be used shall be treated as separate transportation; and
b
the homeward stage of a return trip shall be treated as separate transportation.
8
This Part shall not apply to any goods supplied as part of a pleasure cruise.
PART 3
SUPPLIES OF GAS AND ELECTRICITY
Interpretation of Part 3
9
In this Part —
a
“ the Act ” means the Value Added Tax Act 1994;
b
“dealer” means a person whose principal activity in respect of receiving supplies of relevant goods is the re-selling of those goods and whose own consumption of those goods is negligible;
c
“relevant goods” means gas supplied through the natural gas distribution network, and electricity;
d
“re-selling” for the purposes of article 9(b) does not include —
i
re-sale as part of a single composite supply of other goods or services, or
ii
re-sale as a supply that falls to be disregarded under section 43(1)(a) of the Act where relevant goods are to be effectively used and consumed by a member of a VAT group;
e
“VAT group” means any bodies corporate treated under sections 43A to 43C of the Act as members of a group.
10
Relevant goods supplied to a dealer shall be treated as supplied at the place where that dealer has established his business or has a fixed establishment to which the relevant goods are supplied or, in the absence of such a place of business or fixed establishment, the place where he has his permanent address or usually resides.
11
Subject to articles 12 and 13, supplies of relevant goods not falling within article 10 above shall be treated as supplied at —
a
the place where the recipient of the supply has effective use and consumption of the goods, or
b
in relation to any part of the goods not consumed, the place where the recipient of the supply has established his business or has a fixed establishment to which the goods are supplied, or in the absence of such place of business or fixed establishment, the place where he has his permanent address or usually resides.
12
Where the recipient of supplies of relevant goods supplies those goods as part of a single composite supply of other goods or services, that constitutes effective use and consumption by him of the goods for the purposes of article 11(a).
13
The supply of relevant goods to a member of a VAT group, where the goods are effectively used and consumed by a member of that group, shall constitute effective use and consumption of the goods for the purposes of article 11(a).
14
For the purposes of section 9A of the Act (reverse charge on gas and electricity supplied by persons outside the United Kingdom) a person is outside the United Kingdom if he has established his business or has a fixed establishment outside the United Kingdom or, in the absence of such a place of business or fixed establishment, the place where he has his permanent address or usually resides is outside the United Kingdom.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Railways and Transport Safety Act 2003 (Commencement No. 4) Order 2004.
2
In this Order, “the 2003 Act ” means the Railways and Transport Safety Act 2003.
Commencement of provisions
2
1
The following provisions of the 2003 Act shall come into force on 31st October 2004 —
a
section 116 (Schedules 1 and 4: sequestration, &c. in Scotland), in so far as it did not come into force on 5th July 2004; and
b
sub-section (5) of section 34 (compulsory police services agreement).
2
Section 110 (seat belts: delivery drivers) shall come into force on 1st March 2005.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
25th October 2004


text:
Citation
1
This Order may be cited as the SS Osmund and Andrew RC Primary School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The SS Osmund and Andrew RC Primary School, Blenheim Road, Breightmet, Bolton, BL2 6EL, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
12th March 2004


text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Disclosure of Avoidance Schemes) (Designations) Order 2004 and comes into force on 1st August 2004.
Interpretation
2
1
In this Order “ the Act ” means the Value Added Tax Act 1994.
2
Any reference in this Order to “Schedule 8” or “Schedule 9” is a reference to that Schedule to the Act.
3
For the purposes of this Order a person is connected with another where —
a
one of them is an undertaking in relation to which the other is a group undertaking; or
b
both of them are connected to the same trust.
4
For the purposes of this Order a person is connected to a trust where —
a
he is the settlor of the trust, a trustee or beneficiary of it; or
b
he holds any shares in a company in accordance with the terms of the trust, or is a person on whose behalf such shares are held.
5
For the purposes of this Order “undertaking” and “group undertaking” have the meaning given by section 259 of the Companies Act 1985 .
6
A scheme is treated as fitting a description contained in the first column of Schedule 1 to this Order even if any feature of that scheme is not actually present (whether as a matter of law or for any other reason), provided a taxable person has treated that feature as being present for the purpose of making —
a
a return required under the Act; or
b
a claim for the repayment of output tax or an increase in credit for input tax.
7
A provision is treated as fitting a description contained in Schedule 2 to this Order even if it, or any feature of it, is not actually present (whether as a matter of law or for any other reason), provided a taxable person has treated that feature as being present for the purpose of making —
a
a return required under the Act; or
b
a claim for the repayment of output tax or an increase in credit for input tax.
Designation of avoidance schemes and provisions included in or associated with avoidance schemes
3
1
The schemes described in the first column of Schedule 1 to this Order are designated schemes for the purposes of paragraph 3 of Schedule 11A to the Act and are allocated the reference numbers shown in the second column of Schedule 1.
2
The provisions described in Schedule 2 to this Order are provisions designated for the purposes of paragraph 4 of Schedule 11A to the Act.
Joan Ryan
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2004


text:
Citation, commencement and effect
1
1
This Order may be cited as the Carriage by Air Acts (Application of Provisions) Order 2004.
2
This Order shall come into force on the tenth day after the day on which it is made.
3
Nothing in this Order shall affect rights and liabilities arising out of an occurrence which took place before the coming into force of this Order.
Interpretation
2
In this Order —
“the Act of 1961 ” means the Carriage by Air Act 1961;
“the Act of 1962 ” means the Carriage by Air (Supplementary Provisions) Act 1962;
“the 1955 amended Convention ” means the English text of the Warsaw Convention with the amendments made in it by the Hague Protocol as set out in Schedule 1 to the Act of 1961, and includes the Additional Protocol to the Warsaw Convention as set out at the end of that Schedule;
“Community air carrier” has the meaning given by Article 2 of the Council Regulation ;
“the Council Regulation” means Council Regulation ( EC ) No. 2027/97 of 9 October 1997 on air carrier liability in the event of accidents .
“the Guadalajara Convention ” means the English text of the Convention, supplementary to the Warsaw Convention, for the Unification of Certain Rules relating to International Carriage by Air performed by a Person other than the Contracting Carrier, as set out in the Schedule to the Act of 1962;
“the MP4 Convention ” means the English text of the Warsaw Convention with the amendments made in it by the Hague Protocol and as further amended by Protocol No. 4 of Montreal, 1975 as set out in Schedule 1A to the Act of 1961; and
“the Montreal Convention ” means the Convention for the Unification of Certain Rules for International Carriage by Air done at Montreal on 28 May 1999.
Application
3
1
This Order shall apply to all carriage by air, not being carriage to which the 1955 amended Convention, the MP4 amended Convention or the Montreal Convention applies.
2
This Order shall not apply in relation to Community air carriers to the extent that the provisions of the Council Regulation have the force of law in the United Kingdom.
Non-international carriage
4
Schedule 1 to this Order shall have effect in respect of carriage to which this Order applies being carriage which is not international carriage as defined in Schedule 2 or Schedule 3.
International carriage under the unamended Warsaw Convention
5
1
Schedule 2 to this Order shall have effect in respect of carriage to which this Order applies, being carriage which is international carriage as defined in that Schedule and not international carriage as defined in Schedule 3.
2
Section 2 of the Act of 1961 shall apply to such carriage as aforesaid with the following exceptions, adaptations and modifications:
a
for “any of the Carriage by Air Conventions” there shall be substituted “the Warsaw Convention”;
b
subsection (1)(b) and (c) shall be omitted;
c
subsection (1A) shall be omitted;
d
subsection (2A)(b) and (c) shall be omitted.
3
Section 5 of the Act of 1961 shall apply to such carriage as aforesaid with the following exceptions, adaptations and modifications:
a
for “any of the Carriage by Air Conventions” there shall be substituted “the Warsaw Convention”;
b
subsections (4)(b) and (c) and (5) shall be omitted.
4
Section 8 of the Act of 1961 shall apply to such carriage as aforesaid with the following exceptions, adaptations and modifications:
a
for “a Carriage by Air Convention” there shall be substituted “the Warsaw Convention”;
b
subsections (4)(b) and (c), (5)(b) and (c) and (6)(b) shall be omitted;
c
in subsection (6) “and the Convention as amended” shall be omitted.
International carriage under the unamended Warsaw Convention as amended by Additional Protocol No. 1 of Montreal, 1975
6
1
Schedule 3 to this Order shall have effect in respect of carriage to which this Order applies, being carriage which is international carriage as defined in that Schedule.
2
Section 2 of the 1961 Act shall apply to such carriage as aforesaid with the following exceptions, adaptations and modifications:
a
for “a Carriage by Air Convention” there shall be substituted “the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975”;
b
subsection (1)(b) and (c) shall be omitted;
c
subsection (1A) shall be omitted;
d
subsection (2A)(b) and (c) shall be omitted.
3
Section 5 of the Act of 1961 shall apply to such carriage as aforesaid with the following exceptions, adaptations and modifications:
a
for “any of the Carriage by Air Conventions” there shall be substituted “the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975”;
b
subsections (4)(b) and (c) and (5) shall be omitted.
4
Section 8 to the Act of 1961 shall apply to such carriage as aforesaid, with the following exceptions, adaptations and modifications:
a
for “a Carriage by Air Convention” there shall be substituted “the Warsaw Convention as amended by Additional Protocol No. 1 of Montreal 1975”;
b
subsections (4)(b) and (c), (5)(b) and (c) and (6)(b) shall be omitted;
c
in subsection (6) “and the Convention as amended” shall be omitted.
Application of certain provisions of the Acts
7
1
Sections 3, 4, 4A, 6, 11 and 12 of the Act of 1961 shall apply to carriage to which Schedule 1 to this Order applies as if the references therein to the Convention and the Convention as amended and articles thereof were omitted and the reference to the Montreal Convention and articles thereof were references to the Montreal Convention and articles thereof as applied by this Order.
2
Sections 3, 4, 4A, 6, 11 and 12 of the Act of 1961 shall apply to carriage to which Schedules 2 and 3 to this Order apply as if the references therein to the Convention as amended and the Montreal Convention and articles thereof were omitted and the reference to the Convention and articles thereof were references to the 1955 amended Convention and articles thereof as applied by this Order.
3
Section 3(1) of the Act of 1962 shall apply to carriage to which Schedules 2 and 3 to this Order apply as if the reference therein to article VI in the Schedule to that Act was a reference to that article as applied by this Order.
Gratuitous carriage by the Crown
8
1
Subject to paragraph 2, the Acts of 1961 and 1962, and this Order, shall apply to gratuitous carriage by the Crown as they apply to carriage by the Crown for reward.
2
The Acts of 1961 and 1962, and this Order, shall not apply to gratuitous carriage by the Crown where that carriage is carriage of members of Her Majesty’s naval, military or air forces undertaken during a time of actual or imminent hostilities or of severe international tension or of great national emergency.
Revocation
9
The Orders specified in Schedule 4 are hereby revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Student Loans) (Amendment) (England and Wales) Regulations 2004 and shall come into force on 1st August 2004.
2
These Regulations do not apply in or as regards Scotland .
Amendments
3
The Education (Student Loans) Regulations 1998 shall be amended as follows.
4
In regulation 6(1) to (4), for each of the figures in the first column below, wherever it appears, there shall be substituted the corresponding figure in the second column below:
First Column (£) Second Column (£)
1,100 1,125 1,765 1,810 1,500 1,535 2,420 2,480 1,430 1,465 1,960 2,005
Alan Johnson
Minister of State,
Department for Education and Skills
30th March 2004


text:
Citation and commencement
1
This Order may be cited as the Regulation of Investigatory Powers (Designation of an International Agreement) Order 2004 and shall come into force on 1st April 2004.
Designation of an international agreement
2
The Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union established by Council Act of 29th May 2000 (2000/C197/01) is hereby designated for the purposes of section 1(4) of the Regulation of Investigatory Powers Act 2000.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
27th January 2004


text:
1
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 9) Order 2004.
2
The following provisions of the Police Reform Act 2002 shall come into force on 1st June 2004 —
a
section 30 (resignation in the interests of efficiency and effectiveness);
b
section 31 (procedural requirements for removal of senior officers);
c
section 32 (suspension of senior officers);
d
section 33 (removal etc. of senior officers at the instance of the Secretary of State);
e
section 107(2) (consequential amendments and repeals) in so far as it relates to the entry in Schedule 8 referred to in paragraph (f) below; and
f
in Schedule 8 (repeals), the entry relating to section 42(5) of the Police Act 1996 .
Hazel Blears
Minister of State
Home Office
12th May 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Fines (Deductions from Income Support)(Amendment) Regulations 2004.
2
These Regulations shall come into force on 18th December 2004.
3
Regulation 2(a) extends to England and Wales only.
Amendment of the Fines (Deductions from Income Support) Regulations 1992
2
The Fines (Deductions from Income Support) Regulations 1992 are amended as follows:
a
after regulation 2 (application for deductions from income support, state pension credit or jobseeker’s allowance) insert —
Information that the court may require
2A
1
Where an application is made the court may require the offender to provide his full name, full address, date of birth, national insurance number and the name of any benefits to which he is entitled.
2
For the purposes of this regulation “benefits” means income support, state pension credit or a jobseeker’s allowance.
;
b
in regulation 4(1) (deductions from offender’s income support, state pension credit or jobseeker’s allowance) after “not less than 25” in the second place where those words occur, insert “or £5, whichever is the greater amount allowed by sub-paragraphs (b) and (c)”.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
6th November 2004


text:
Citation and commencement
1
These Regulations may be cited as the Motor Cycles Etc. (EC Type Approval) (Amendment) Regulations 2004 and shall come into force on 3rd September 2004.
Amendment to Regulation 3 (Interpretation)
2
In regulation 3(1) of the Motor Cycles Etc. (EC Type Approval) Regulations 1999 , at the end of the definition of “the Framework Directive” there shall be added “, and as amended by Commission Directive 2003/77/EC ”.
Amendment to Schedule 1 (Separate Directives)
3
1
The Table in Schedule 1 to the Motor Cycles Etc. (EC Type Approval) Regulations 1999 shall be further amended as follows.
2
In item 12 (Certain components and characteristics of two or three-wheel motor vehicles), there shall be inserted in the third and fourth columns after the last entry —
2003/77/EC* L211, 21.8.2003, p.24
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
21st July 2004


text:
1
This Order may be cited as The A50 Trunk Road (Queensway Roundabout to Heron Cross Roundabout) Order 2004 and shall come into force on 22 November 2004.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the slip roads” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the new road with other highways as shown in the plan;
iii
“the new trunk roads” means the new road and the slip roads; and
iv
“the plan” means the plan folio numbered HA 14/OD/432, marked “The A50 Trunk Road (Queensway Roundabout to Heron Cross Roundabout) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at DfT Records Management Branch, Ashdown House, Sedlescombe Road North, St. Leonards on Sea, East Sussex, TN37 7GA.
3
The new road and the slip roads shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for Transport
G Bowskill
A Divisional Director in the Highways Agency
8th November 2004


text:
Citation and commencement
1
These Regulations may be cited as the International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) (Amendment) Regulations 2004 and shall come into force on 25th November 2004.
Amendment to the International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) Regulations 2004
2
At the end of the definition of “the EC Regulation” in regulation 1(2) of the International Criminal Tribunal for the Former Yugoslavia (Freezing of Funds and Economic Resources of Indictees) Regulations 2004 insert before the full stop —
, as amended by Commission Regulation (EC) No 1965/2004 of 15th November 2004
.
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
24th November 2004


text:
Title, application and commencement
1
These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2004, shall apply in relation to England only and shall come into force on 19th November 2004.
Amendments to the Feeding Stuffs Regulations 2000
2
1
The Feeding Stuffs Regulations 2000 are amended, in so far as they apply in relation to England, in accordance with paragraphs (2) to (5).
2
In regulation 14 (control of feeding stuffs and feed materials containing undesirable substances) after paragraph (6) add the following —
7
Paragraphs (8) and (9) shall apply to any person who has in his possession or control for the purposes of a trade or business any of the following products intended for animal feed —
a
palm kernel expeller;
b
feeding stuffs obtained from the processing of fish or other marine animals;
c
seaweed meal and feed materials derived from seaweed; or
d
complete feeding stuffs for fish or for fur producing animals.
8
Any person referred to in paragraph (7) shall, if requested by an inspector, procure and produce to the inspector an analysis in order to demonstrate that the content of inorganic arsenic in a product intended for animal feed listed in paragraph (7) is within the limit specified in the relevant entry in column 3 of Part I of Schedule 7.
9
Any person who without reasonable excuse fails to comply with a request made under paragraph (8) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
.
3
For regulation 15 (control of compound feeding stuffs containing prohibited materials) substitute the following —
Control of feeding stuffs containing prohibited materials
15
1
No person shall put into circulation for use as a feeding stuff, or use as a feeding stuff, any material which contains —
a
faeces, urine or separated digestive tract contents resulting from the emptying or removal of the digestive tract, irrespective of any form of treatment or admixture;
b
hide treated with tanning substances, including its waste;
c
seeds or other plant propagating materials which, after harvest, have undergone specific treatment with plant protection products for their intended use in propagation, or derived by–products;
d
wood, including sawdust or other materials derived from wood, which has been treated with wood preservatives as defined in Annex V of Directive 98/8/EC of the European Parliament and of the Council concerning the placing of biocidal products on the market ;
e
subject to paragraph (3), waste (whether or not subjected or to be subjected to further processing) obtained from the treatment of “urban waste water”, “domestic waste water”, or “industrial waste water” (as those terms are defined in Article 2 of Council Directive 91/271/ EEC concerning waste water treatment), whatever the origin of the waste water concerned ;
f
solid urban waste, such as household waste, but excluding catering waste as defined by Regulation (EC) 1774/2002 laying down health rules concerning animal by–products not intended for human consumption ;
g
packaging and parts of packaging from products used in agriculture or the food industry.
2
For the purposes of paragraph (1) “waste” shall have the meaning given in Article 1 of Council Directive 74/442/EEC .
3
For the purposes of paragraph (1)(e), the term “waste water” shall be construed in accordance with the footnote to point 5 of the Annex to Commission Decision 2004/217/EC adopting a list of materials whose circulation or use for animal nutrition purposes is prohibited .
.
4
In Part IX (European Community Regulations by which additives are controlled) of Schedule 3 —
a
after the reference to Commission Regulation (EC) No. 490/2004 insert the following —
Commission Regulation (EC) No. 879/2004 concerning the provisional authorisation of a new use of an additive already authorised in feeding stuffs (Saccharomyces cerevisiae) (27). Commission Regulation (EC) No. 880/2004 authorising without time limit the use of beta–carotene and canthaxanthin as additives in feeding stuffs belonging to the group of colouring matters including pigments (28). Commission Regulation (EC) No. 1259/2004 concerning the permanent authorisation of certain additives already authorised in feeding stuffs (29). Commission Regulation (EC) No. 1288/2004 concerning the permanent authorisation of certain additives and the provisional authorisation of a new use of an additive already authorised in feeding stuffs (30). Commission Regulation (EC) No. 1332/2004 concerning the permanent authorisation of certain additives in feeding stuffs (31). Commission Regulation 1333/2004 concerning the permanent authorisation of a certain additive in feeding stuffs (32). Commission Regulation (EC) No. 1453/2004 concerning the permanent authorisation of certain additives in feeding stuffs (33). Commission Regulation (EC) No. 1465/2004 concerning the permanent authorisation of an additive in feeding stuffs (34).
.
b
at the end add the following —
(27)
OJ No. L162, 30.4.2004, p.65.
(28)
OJ No. L162, 30.4.2004, p.68.
(29)
OJ No. L239, 9.7.2004, p.8.
(30)
OJ No. L243, 15.7.2004, p.10.
(31)
OJ No. L247, 21.7.2004, p.8.
(32)
OJ No. L247, 21.7.2004, p.11.
(33)
OJ No. L269, 17.8.2004, p.3.
(34)
OJ No. L270, 18.8.2004, p.11.
.
5
For the entries relating to arsenic, fluorine, lead, aflatoxin B 1 , free gossypol and endosulphan which are set out in columns 1 to 3 of Part I (feeding stuffs) of Schedule 7 (prescribed limits for undesirable substances) substitute the entries set out in columns 1 to 3 respectively of the Schedule to these Regulations.
Consequential amendments to the Feeding Stuffs Regulations 2000
3
1
The Feeding Stuffs Regulations 2000 are further amended, in so far as they apply in relation to England, in accordance with paragraphs (2) and (3).
2
In paragraph (1) of regulation 7 (limits of variation) after “(England)” insert “(No. 2)”.
3
In paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) after “(England)” insert “(No. 2)”.
Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
4
1
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 are amended in so far as they apply in relation to England in accordance with paragraphs (2) and (3).
2
In paragraph 3(e)(ii) of Part I of Schedule 2 (methods of analysis) after “(England)” insert “(No. 2)”.
3
In paragraph (11)(a) of Part II (notes for completion of certificate) of Schedule 3 (form of certificate of analysis) after “(England)” insert “(No. 2)”.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
5
1
The Feeding Stuffs (Enforcement) Regulations 1999 are amended in so far as they apply in relation to England in accordance with paragraphs (2) to (5).
2
In paragraph (2)(a) and in paragraph (4) of regulation 7 (modification of the Agriculture Act 1970 for certain purposes) after “(England)” insert “(No. 2)”.
3
In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9, after “(England)” insert “(No. 2)”.
4
In the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in regulation 10, after “(England)” wherever it appears insert “(No. 2)”.
5
In each of regulations 11, 11A and 11B, after “(England)” insert “(No. 2)”.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
13th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Individual Savings Account (Amendment) Regulations 2004 and shall come into force on 22nd July 2004.
Amendment of the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 (“the principal Regulations”) are amended as follows.
3
In regulation 2(1)(b) —
a
insert at the appropriate place the following definition —
“the New Collective Investment Schemes Sourcebook” means the sourcebook of that name made by the Financial Services Authority under the Financial Services Markets Act 2000;
;
b
for the definition of a “Chapter 5 UCITS ” substitute —
a “Chapter 5 UCITS” means —
in relation to any time on or before 12th February 2007, a UCITS complying with Chapter 5 of the Collective Investment Schemes Sourcebook or Chapter 5 of the New Collective Investment Schemes Sourcebook, and
in relation to any time after 12th February 2007, a UCITS complying with Chapter 5 of the New Collective Investment Schemes Sourcebook;
;
c
at the end of the definition of “the first condition” for “or warrant schemes;” substitute “, warrant schemes or Chapter 5 UCITS;”; and
d
in the definition of “the second condition” for the words “or warrant scheme” substitute “, warrant scheme or Chapter 5 UCITS,”.
Joan Ryan
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
1st July 2004


text:
Citation and commencement
1
This Order may be cited as the Transport for London (White City) Order 2004 and shall come into force on 29th April 2004.
Consent
2
1
The Secretary of State hereby gives consent to Transport for London for the grant of a leasehold interest in land at Wood Lane, London W12 as specified in Schedule 1 for a term of more than fifty years.
2
The Secretary of State hereby gives consent to Transport for London for the grant of a leasehold interest in land near Wood Lane, London W12 as specified in Schedule 2 for a term of more than fifty years.
3
The Secretary of State hereby gives consent to Transport for London for the grant of a leasehold interest in land near Wood Lane, London W12 as specified in Schedule 3 for a term of more than fifty years.
4
The Secretary of State hereby gives consent to Transport for London for the disposal of the freehold interest in land near Caxton Road, London W12 as specified in Schedule 4.
5
The Secretary of State hereby gives consent to Transport for London for the grant of a leasehold interest in land at the White City Depot, London W12 as specified in Schedule 5 for a term of more than fifty years.
6
The Secretary of State hereby gives consent to Transport for London for the grant of a leasehold interest in land at 10B Wood Lane, London W12 as specified in Schedule 6 for a term of more than fifty years.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
29th March 2004


text:
Citation and Commencement
1
This Order may be cited as the Naval Discipline Act 1957 (Remedial) Order 2004 and shall come into force on 16th January 2004.
Amendment of the Naval Discipline Act 1957
2
1
The Naval Discipline Act 1957 is amended as follows.
2
In section 47M(1) and (2)(c), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet” .
3
In section 52FG(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet” .
4
In section 52FJ(3), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet” .
5
In section 53B(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet” .
6
In section 53C(2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet” .
7
In section 59(4A), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet” .
Amendment of the Courts-Martial (Royal Navy) Rules 1997
3
1
The Courts-Martial (Royal Navy) Rules 1997 are amended as follows.
2
In rule 2 in the definition of “the judge advocate”, for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
3
In rule 8(2)(b), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
4
In rule 9 —
a
in paragraph (1), for “Chief Naval Judge Advocate, or an officer” there is substituted “Judge Advocate of Her Majesty’s Fleet, or a person”; and
b
in paragraph (2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Naval Custody Rules 2000
4
1
The Naval Custody Rules 2000 are amended as follows.
2
In rule 2(3), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
3
In rule 16(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
4
In rule 18(1), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Summary Appeal Court (Navy) Rules 2000
5
1
The Summary Appeal Court (Navy) Rules 2000 are amended as follows.
2
In rule 2(2), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
3
In rule 12(5)(a), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
4
In rule 15(3)(c), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
5
In rule 22(1)(d), for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Amendment of the Administration of Oaths (Summary Appeal Court) (Navy) Order 2000
6
In article 2(1)(a) of the Administration of Oaths (Summary Appeal Court) (Navy) Order 2000 , for “Chief Naval Judge Advocate” there is substituted “Judge Advocate of Her Majesty’s Fleet”.
Ivor Caplin
Parliamentary Under Secretary of State, Ministry of Defence
14th January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Special Trustees for St. Mary’s Hospital (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the Special Trustees” means the Special Trustees for St. Mary’s Hospital;
“the Trust” means the St. Mary’s National Health Service Trust;
“the trustees” means the trustees for the Trust appointed under the St. Mary’s National Health Service Trust (Trust Funds: Appointment of Trustees) Order 2004 ;
“the trust property” means the trust property specified in a Schedule prepared, agreed upon and signed by or on behalf of the Special Trustees and the trustees on or before 31st March 2004.
Transfer of trust property
2
On 1st April 2004 the trust property shall be transferred from the Special Trustees to the trustees.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
23rd February 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Rotherham (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 5, 6, 7, 8, 9, 10 and 11, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5, 6, 7, 8, 9, 10 and 11 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Aston cum Aughton, Bramley, Dalton, Maltby, Thrybergh, Thurcroft and Wickersley to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“borough” means the borough of Rotherham;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the Borough of Rotherham (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Rotherham Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Rotherham
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Rotherham
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Aston cum Aughton
5
1
The existing wards of the parish of Aston cum Aughton shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Aston cum Aughton North, Aston cum Aughton South, and Aston cum Aughton West; and the wards shall comprise the areas designated on sheets 3, 4 and 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Aston cum Aughton North parish ward shall be seven, for the Aston cum Aughton South parish ward shall be five, and for the Aston cum Aughton West parish ward shall be three.
Wards of the parish of Bramley
6
The parish of Bramley shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Dalton
7
The parish of Dalton shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Maltby
8
1
The existing wards of the parish of Maltby shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 4; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Thrybergh
9
The parish of Thrybergh shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 5; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Thurcroft
10
1
The existing wards of the parish of Thurcroft shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 6; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Wickersley
11
1
The existing wards of the parish of Wickersley shall be abolished.
2
The parish shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 7; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be eight.
Maps
12
Rotherham Borough Council shall make a print of the map marked “Map referred to in the Borough of Rotherham (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
13
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
14
The Borough of Rotherham (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2004.
2
Regulations 1 to 26 and 33 to 43 shall come into force on 1st April 2004 and regulations 27 to 32 shall come into force on 1st June 2004.
3
In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 .
4
These Regulations extend to England and Wales .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with regulations 3 to 41 of these Regulations.
General eligibility for membership: employees of Scheme employers etc.
3
In regulation 4 —
a
in paragraph (1), after “regulation 5” insert “, regulation 5A” ; and
b
in paragraph (6), add at the end —
p
an urban development corporation. .
Further restrictions on eligibility
4
For paragraph 6(11) substitute —
11
A person may be a member of the Scheme notwithstanding that he is entitled to be a member of the National Health Service Pension Scheme for England and Wales (“the NHS Scheme ”) if —
a
his entitlement to be a member of the NHS Scheme is by reason of his employment by —
i
a Care Trust; or
ii
an NHS Scheme employing authority as a result of a prescribed arrangement under section 31 of the Health Act 1999 ;
b
he is specified in, or within a class of employees specified in, an admission agreement made between an administering authority and a Care Trust or NHS Scheme employing authority; and
c
he was an active member of the Scheme immediately before his employment by the Care Trust or by the NHS Scheme employing authority.
.
Periods of membership: “total membership”
5
In regulation 9(2), after “ regulations 10, 11” insert “, 29”.
Meaning of “pay”
6
In regulation 13, omit paragraphs (5), (6) and (7).
General qualification for benefits
7
In regulation 19 —
a
in paragraph (1)(a), for “two years” substitute “three months”; and
b
in paragraph (2)(a), delete “or under regulation 27(3) (ill-health grants)”.
Calculations
8
In regulation 20(6), omit sub-paragraph (a).
Final Pay
9
In regulation 21, omit paragraph (8).
Ill-health
10
In regulation 27 —
a
omit paragraphs (3) and (4); and
b
in paragraph (5), for the definition of “permanently incapable” substitute —
“permanently incapable” means that the member will, more likely than not, be incapable, until, at the earliest, his 65th birthday.
.
Amounts of ill-health pension and grant
11
In regulation 28 —
a
for paragraphs (4) and (4A) substitute —
4
Where a member becomes entitled to a further ill-health pension and grant (because of having been a member in two or more employments), the multiplier for the further ill-health pension and grant will be the total membership without enhancement.
4A
But paragraph 4 does not apply to a member who becomes entitled to a further ill-health pension and grant as a result of being in concurrent employments which cease simultaneously.
; and
b
omit paragraph (9).
Re-employed pensioners
12
1
For regulation 29, substitute —
29
Where a pensioner member becomes an active member again, his former membership shall be taken into account only for the purpose of calculating —
a
whether he has the necessary total membership referred to in —
i
regulation 19(1)(a) to be entitled to benefits under this Chapter; and
ii
regulation 28(1) to be entitled to calculate his ill-health pension and grant by reference to the enhanced membership period; and
b
total membership in regulation 52 (power of employing authority to increase total membership).
.
2
Omit regulation 30.
Re-employed and rejoining deferred members
13
In regulation 32 —
a
after paragraph (1), insert —
1A
But a member cannot elect to aggregate any period of former membership which he could have elected to aggregate with another period of former membership but did not before the expiry of the period in paragraph (8A).
;
b
in paragraph (5), for sub-paragraph (aa) substitute —
aa
for the purpose only of calculating —
i
whether the member has the necessary total membership referred to in regulation 19(1)(a) to be entitled to benefits under this Chapter and regulation 28(1) to be entitled to calculate his ill-health pension and grant by reference to the enhanced membership period; and
ii
total membership in regulation 52 (power of employing authority to increase total membership),
the unaggregated periods of membership shall be taken into account, and
; and
c
after paragraph (8), insert —
8A
The notice under paragraph (7) must be given before the expiry of the period of 12 months beginning with the date that he became an active member again (or such longer period as his employer may allow).
.
Concurrent employments
14
In regulation 32A, in paragraph (1), for “two years'” substitute “three months'”.
Guaranteed minimum pensions etc.
15
In regulation 36, in paragraph (9)(c), for “two years” substitute “three months”.
Surviving spouse’s long-term pension
16
In regulation 41, in paragraphs (4) and (5), for “two years” substitute “three months”.
Dependants of re-employed pensioners
17
Omit regulation 48.
Power of employing authority to increase total membership
18
1
In regulation 52 —
a
in the heading, delete “of members leaving employment at or after 50”;
b
in paragraph (1), for “a member who leaves his employment on or after his 50th birthday” substitute “an active member”;
c
for paragraph (2) substitute —
2
A member’s total additional membership (including additional membership in respect of different employments) must not exceed —
a
6 243/365 years;
b
the period by which the member’s total membership falls short of 40 years; or
c
the period by which the member’s total membership falls short of the total membership the member will have if he continues as an active member until he is 65,
whichever is the shortest.
;
d
omit paragraphs (3), (4) and (5);
e
in paragraph (7), for sub-paragraph (b) substitute —
b
such longer period as the employing authority and the administering authority agree.
; and
f
omit paragraph (9).
2
Omit regulation 53.
Elections as to use of accumulated value of AVCs
19
In regulation 66(7), omit sub-paragraph (a).
Funding strategy statement
20
After regulation 76, insert —
Funding strategy statement
76A
1
Each administering authority shall, after consultation with such persons as they consider appropriate, prepare, maintain and publish a written statement setting out their funding strategy.
2
In preparing and maintaining the statement, the administering authority shall have regard to —
a
the guidance set out in the document published in March 2004 by CIPFA , the Chartered Institute of Public Finance and Accountancy and called “CIPFA Pensions Panel Guidance on Preparing and Maintaining a Funding Strategy Statement (Guidance note issue No. 6)”; and
b
the statement of investment principles published by the administering authority under regulation 9A of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998 .
3
The first such statement shall be published on or before 31st March 2005.
4
The statement shall be revised and published by the administering authority following, and in accordance with, any —
a
material change in their policy on the matters set out in the statement; and
b
material change to the statement of investment principles under regulation 9A(4) of the Local Government Pension Scheme (Management and Investment of Funds) Regulations 1998.
.
Actuarial valuations and certificates
21
After regulation 77(5), insert —
5A
The actuary must have regard to the administering authority’s funding strategy statement published under regulation 76A.
.
Employer’s further payments
22
In regulation 80 —
a
omit paragraph (2); and
b
in paragraph (4) —
i
for “, 52, 53 or 143” substitute “or 52”; and
ii
for “(but, in the case of resolutions” to the end of the paragraph substitute “(but, in the case of a resolution under regulation 52, only so far as not paid under paragraph (1)).”.
Interest
23
In regulation 82 —
a
in paragraph (1), for “, 125 or 126” substitute “or 125”; and
b
in paragraph (2), for “87(1) and (2A)” substitute “87(2A)”.
Discontinuance of additional contributions
24
In regulation 83(9)(b), delete “and has not made an election under regulation 29”.
Rights to return of contributions
25
In regulation 87 —
a
in paragraph (1), for “2 years'” substitute “three months'” and delete “with interest calculated to the date he ceased to be employed”;
b
omit paragraph (2); and
c
in paragraph (2A), delete “(with interest due under paragraph (1), if applicable)”.
Exclusion of rights to return of contributions
26
In regulation 88(3), omit sub-paragraph (a).
Notification of decisions under regulation 97
27
In regulation 98(5), for sub-paragraph (c) substitute —
c
specify the job title and the address of the person to whom applications under regulation 100 may be made.
.
Appropriate administering authorities
28
For the heading and text of regulation 99, substitute —
Appropriate administering authorities
99
1
For this Chapter an administering authority are the appropriate administering authority for the purpose of resolving disagreements in respect of which an application is made under regulation 102 if —
a
where the person making the application is a member or prospective member, they are or were his last appropriate administering authority for the other purposes of these Regulations, and
b
where the person making the application is the widow, widower or surviving dependent of a deceased member, they were his appropriate administering authority.
2
Each administering authority shall determine —
a
the procedure to be followed by them when exercising their functions as an appropriate administering authority under regulation 102; and
b
the manner in which those functions are to be exercised.
.
Right to apply to person to decide the disagreement
29
In regulation 100 —
a
for the heading substitute “Right to apply to person to decide the disagreement”;
b
for paragraph (1), substitute —
1
Where there is a disagreement about a matter in relation to the Scheme between a member or an alternative applicant and a Scheme employer, the member or, as the case may be, the alternative applicant may apply to —
a
the person specified under regulation 98(5)(c) to decide the disagreement; or
b
the appropriate administering authority for them to refer the disagreement to a person to decide.
; and
c
in paragraph (8), for “appropriate appointed person” substitute “person deciding the disagreement”.
Notice of decisions under regulation 100
30
In regulation 101 —
a
in the heading, delete “by appointed persons”;
b
in paragraph (1), for “appropriate appointed person” substitute “person deciding the disagreement”; and
c
in paragraph (3)(d), delete “and the Scheme employer’s right” and for “Secretary of State” substitute “ appropriate administering authority”.
Reference of disagreement to the appropriate administering authority
31
In regulation 102 —
a
in the heading and text, for “Secretary of State” substitute “appropriate administering authority” in each place where it appears; and
b
in paragraph (1), delete “or the Scheme employer in question”.
Notice of decisions under regulation 102
32
In regulation 103 —
a
in the heading, delete “by the Secretary of State”; and
b
in paragraph (1), for “The Secretary of State must issue his” substitute “The appropriate administering authority must issue their”.
Annual benefit statements
33
After regulation 106 insert —
Annual benefit statements
106A
1
An administering authority shall issue an annual benefit statement to each of its active, deferred and pension credit members.
2
The first such statements must be issued on or before 1st April 2005 and subsequent statements must be issued on or before each 1st April thereafter.
3
An annual benefit statement shall contain an illustration of the amount of benefit entitlement, in respect of the rights that may arise under the Scheme, which —
a
has been accrued by the member at the relevant date, and
b
in the case of an active member, is capable of being accrued by the member if he remains in the Scheme until his NRD.
4
The illustration shall be calculated —
a
in the case of active members, on the member’s pay (or, in the case of part-time employees, the whole-time equivalent) for the twelve-month period ending with the relevant date;
b
in the case of deferred members, on the member’s final pay; and
c
in the case of pension credit members, in accordance with regulation 153, as if the “normal benefit age” is the relevant date.
5
The relevant date —
a
is 31st March prior to the date that the statement is issued, or
b
such later date as the authority may choose.
.
Liability for combined benefits
34
Omit regulation 126.
Members employed by magistrates' courts committees
35
In regulation 133, in paragraph (10), omit sub-paragraph (c).
Conversion of periods credited under Discretionary Payments Regulations etc. into membership
36
Omit regulation 143.
Scheme employers
37
In Schedule 2 —
a
after “A valuation tribunal” insert “in Wales”;
b
for “a city academy within the meaning of the Education Act 1996” substitute —
An Academy within the meaning of section 482 of the Education Act 1996 or as a result of section 67 of the Education Act 2002 (conversion of city academies into Academies)
; and
c
add at the end —
The Valuation Tribunal Service
.
Revenue restrictions
38
In Schedule 4 —
a
in the heading above paragraph 8, for “regulations 53 and 55” substitute “regulation 55”;
b
in paragraph 8(1), delete “53 or”; and
c
in paragraph 8(3), delete sub-paragraph (a).
Appropriate funds
39
In Part II to Schedule 5 —
a
add at the end of the Table —
11
Employee of the Valuation Tribunal Service who is employed —
a
in the London headquarters;
a
Fund maintained by the London Pensions Fund Authority;
b
in any other location.
b
Fund maintained by the administering authority within whose local government area all or most of the relevant valuation tribunal is located.
; and
b
add at the end of the Notes —
4
The relevant valuation tribunal for an employee of the Valuation Tribunal Service is the valuation tribunal for which all or most of the employee’s work is performed.
.
Certain City of London employees and former contributors
40
In Schedule 6 —
a
in paragraph 5 —
i
omit sub-paragraph (5); and
ii
in sub-paragraph (6), delete “29,”; and
b
in paragraph 6(3), delete “of paragraph (d)”.
Councillor members
41
In Schedule 8 —
a
in paragraph 10 —
i
for sub-paragraph (b), substitute —
b
in paragraph (4) for “a member” substitute “a councillor member” and delete “(because of having been a member in two or more employments)”; and
;
ii
for sub-paragraph (c), substitute —
c
omit paragraph (4A).
; and
b
in paragraph 21, delete “of members leaving employment at or after 50), regulation 53 (power of employing authority to increase total membership of new members”.
Transitional provisions
42
1
Nothing in regulations 6 and 9 will affect the amount of pay or final pay determined in accordance with an agreement made under regulation 13(5) of the principal Regulations prior to 1st April 2004.
2
This paragraph applies to a member who is an active member on 1st April 2004 and who on that date —
a
has less than two years' total membership, and
b
does not have a transfer value credited to him.
3
Subject to paragraph (4), nothing in these Regulations shall prevent a member to whom paragraph (2) applies from opting to receive a return of contributions (with interest calculated to the date he ceased to be employed) in accordance with regulation 87 of the principal Regulations.
4
A member to whom paragraph (2) applies is not entitled to receive a return of contributions if —
a
he is for the time being entitled to be paid, or has been paid, a benefit under Chapter IV of Part II of the principal Regulations; or
b
he is for the time being entitled to be paid, or has been paid, a benefit under regulation 27(3) of the principal Regulations (ill-health grant),
and a member is not entitled to interest if he would not have been entitled under regulation 87(2) of the principal Regulations.
5
This paragraph applies to a member, who was a re-employed pensioner member on 1st April 2004, where the member —
a
has written to the appropriate administering authority within six months of that date to elect that the amendments in these Regulations in relation to regulations 29, 30 and 48 of the principal Regulations do not apply to him; and
b
has remained in the same employment, unless subject to a transfer, from that date until he retired or died.
6
Nothing in these Regulations shall prevent a member to whom paragraph (5) applies from electing for a single pension in accordance with regulations 29 and 30 of the principal Regulations.
7
Nothing in these Regulations shall affect the calculation of benefits under regulation 48 of the principal Regulations in respect of a member to whom paragraph (5) applies.
8
In relation to deferred members who have become active members again prior to 1st April 2004 (but have not yet made an election under Regulation 32 of the principal Regulations), regulation 32(8A) of the principal Regulations (as inserted by regulation 13 of these Regulations) shall have effect as if “the date that he became an active member again” reads “1st April 2004”.
9
Nothing in these Regulations shall affect the rights of any person who made an application to an appointed person or to the Secretary of State under regulations 100 or 102 of the principal Regulations before 1st June 2004.
10
Nothing in these Regulations shall prevent an authority from being obliged to make payments to another authority in accordance with regulation 126 of the principal Regulations (liability for combined benefits), or, in the case of an overdue payment, to pay interest under regulation 82 of the principal Regulations.
11
So far as it is necessary to give effect to the entitlements in this regulation and to make provision for any matters incidental to them, the principal Regulations shall be treated as if they had continued in effect without the amendments made by these Regulations.
Right to opt out
43
1
Where —
a
apart from this regulation, the amendments made by these Regulations would place any relevant beneficiary in a worse position than he would otherwise be, and
b
that relevant beneficiary so elects by notice in writing given to the appropriate administering authority within the period of six months beginning with the date on which these Regulations come into force,
then the principal Regulations shall have effect in relation to him as if those amendments had never been made.
2
For the purposes of paragraph (1), a relevant beneficiary is a person to whom any benefit is or may become payable being a benefit payable to or in respect of a person who —
a
ceased to hold an employment in respect of which he was a member (whether or not he had subsequently recommenced any such employment), or
b
dies while in such employment,
before the date on which these Regulations come into force.
Signed by authority of the Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
4th March 2004