text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Approval)(Amendment) Regulations 2004 and shall come into force on 1st April 2004.
Preliminary
2
The Motor Vehicles (Approval) Regulations shall have effect with the following amendments.
Amendment of Regulation 3 (Interpretation)
3
1
Regulation 3(1) shall be amended as follows.
2
In the appropriate alphabetical position insert the following definitions —
“category” has the same meaning as in Annex IIA of the 1970 Directive;
“disabled person” means a person who has a disability (as defined in section 1 of the Disability Discrimination Act 1995 );
“disabled person’s vehicle” means a vehicle which is adapted or constructed so as to enable a disabled person to travel in it, whether as the driver or as a passenger, in safety and reasonable comfort;
.
Amendment of Regulation 5 (Approval requirements for relevant vehicles)
4
1
Regulation 5 shall be amended as follows.
2
For paragraph (2) there shall be substituted the following paragraph —
2
The items in Schedule 3 numbered 3, 4, 10 and 13 shall not apply to relevant vehicles which are not Schedule 2 vehicles, except that item 10 shall apply to disabled person’s vehicles and vehicles that have been adapted to category M1.
.
3
For paragraph (8) there shall be substituted the following paragraph —
8
A relevant vehicle shall be regarded as complying with all the requirements prescribed under section 54 of the 1988 Act if at least one of the following three conditions are satisfied in relation to each applicable subject matter mentioned in Schedule 3 or 4 —
a
the vehicle complies with the requirements set out in paragraph (1);
b
the requirements applicable to the vehicle are prescribed by regulation 4 of the 1984 Regulations or by regulation 4 of the 1982 Regulations in relation to the subject matter and the vehicle complies with those requirements;
c
the vehicle has been issued with a Department’s approval certificate issued in accordance with Article 31A (4) or (5) of the Road Traffic (Northern Ireland) Order 1981 .
.
4
After paragraph (8) there shall be inserted the following paragraph —
8A
A relevant vehicle which meets the technical requirements for permanent registration in another EEA State shall be treated as complying with all the requirements prescribed under section 54 of the 1988 Act, except to the extent that following an assessment of documentation where such is provided, the Secretary of State is unable to establish that the vehicle satisfies standards equivalent to those prescribed in relation to each applicable subject matter mentioned in Schedule 3 or 4.
.
Amendment of Regulation 6 (Application for Minister’s approval certificate)
5
1
Regulation 6 shall be amended as follows.
2
In paragraph (1) for the second word “for” there shall be substituted the word “of”.
3
For sub-paragraph 6 (b)(ii) there shall be substituted the following sub-paragraph —
ii
in the case of a Schedule 2 vehicle (other than a left hand drive vehicle or a personally imported vehicle) and a disabled person’s vehicle, at the place where the examination took place for the purposes of the original application.
.
Amendment of Regulation 11 (form of certificate)
6
For the Table in regulation 11, there shall be substituted the following Table.
TABLE
(1) (2) (3) Item Class of vehicle Letter
1. Left hand drive vehicle N 2. Personally imported vehicle P 3. Amateur built vehicle A 4. Vehicle manufactured in very low volume L 5. Vehicle manufactured using parts from a registered vehicle C 6. Rebuilt vehicle S 7. Motor caravan, ambulance or hearse M 8. Armoured vehicle T 9. Vehicle not falling within any of the preceding classes specified in this Table R 10. Disabled person’s vehicle D 11. Vehicle which meets the condition set out in regulation 5(8)(c) E
Amendment of Schedule 2
7
1
Schedule 2 shall be amended as follows.
2
Sub-paragraph 1(f) shall be deleted.
3
After sub-paragraph 2(1) there shall be inserted the following sub-paragraph —
1A
A vehicle may also be treated for the purposes of these regulations as a personally imported vehicle if —
a
a person, who is a serving member of the Armed Forces, intends to import it into the United Kingdom within 12 months of the date of application for a Minister’s approval certificate;
b
that person, at the time of that application, has been normally resident in a country other than the United Kingdom for a continuous period of at least 12 months; and
c
paragraphs (c) to (e) of sub-paragraph 2(1) apply to that person.
.
4
After sub-paragraph 2(5) there shall be inserted the following definition —
6
In this paragraph —
“serving member of the Armed Forces” means a person who is employed by Her Majesty’s air forces, Her Majesty’s military forces or Her Majesty’s naval forces; except that a serving member of any of the reserve forces shall not be included within this definition.
.
5
Paragraph 6 shall be deleted.
Amendment of Schedule 3
8
For the Table in Schedule 3, there shall be substituted the Table set out in Schedule 1 of these Regulations.
Amendment of Schedule 4
9
For the Table in Schedule 4, there shall be substituted the Table set out in Schedule 2 of these Regulations.
Amendment of Schedule 5
10
For the certificate in Schedule 5, there shall be substituted the certificate set out in Schedule 3 of these Regulations.
Amendment of Schedule 6
11
1
In part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 3 shall be inserted the entries specified below.
a
In the reference to Seat belts in column (1), after the last entry —
2000/03/ EC * L53, 25.2.00, p.1
b
In the reference to Tyres in column (1), after the entry of the Principal Directive —
2001/43/EC+ L211, 4.8.01, p.25
c
In the reference to Interior fittings in column (1), after the last entry —
2000/04/EC+ L87, 8.4.00, p.22
2
In Part II of Schedule 6, in the third and fourth columns of the Table, for the references to Community Directives in Schedule 4 shall be inserted the entries specified below.
a
In the reference to Exhaust emissions in column (1), after the last entry —
1999/102/EC* L334, 28.12.99, p. 43 2001/01/EC+ L35, 6.2.01, p.34 2001/100/EC+ L16, 18.1.02, p. 32
b
In the reference to Seat belts in column (1), after the last entry —
2000/03/EC* L53, 25.2.00, p.1
c
In the reference to Noise and silencers in column (1), after the last entry —
1999/101/EC* L334, 28.12.99, p.41
d
In the reference to Carbon dioxide emissions and fuel consumption in column (1), after the last entry —
1999/100/EC* L334, 28.12.99, p.36
e
In the reference to Frontal impact in column (1), after the entry of the Principal Directive —
1999/98/EC* L9, 13.1.00, p.14
3
In Part III of Schedule 6, in the third and fourth columns of the Table, for the references to ECE regulation in Schedule 4, shall be inserted the entry specified below.
a
In the reference to Exhaust emissions, after the last entry —
83.05 29 March 2001
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
8th March 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Value Added Tax (Groups: eligibility) Order 2004 and comes into force on 1st August 2004.
Modification regarding section 43A of the Value Added Tax Act 1994
2
A body corporate that is a specified body is eligible to be treated as a member of a group if, in addition to satisfying the conditions set out in section 43A(1) of the Value Added Tax Act 1994 (“ the Act ”), it satisfies both the benefits condition and the consolidated accounts condition.
Specified bodies
3
1
A body corporate to which this article applies is a specified body for the purposes of this Order if it carries on a relevant business activity and —
a
the value of the group’s supplies in the year then ending has exceeded £10 million; or
b
there are reasonable grounds for believing that the value of the group’s supplies in the year then beginning will exceed that amount.
2
For the purposes of determining the value mentioned in sub-paragraph (b) of paragraph (1), a body that is not a member of the group shall be deemed to be a member.
3
Subject to paragraph (4), this article applies to a body corporate which, at any time when the relevant business activity is being carried on —
a
is not a wholly-owned subsidiary of a person who controls all of the other members of the group (or, where the person is or will be a member of the group, all of the other members apart from himself);
b
is managed, directly or indirectly, in respect of the business activity concerned, by a third party in the course or furtherance of a business carried on by him; or
c
is the sole general partner of a limited partnership.
4
This article does not apply to —
a
a body corporate that controls all of the members of the group (or, where it is a member of the group, all of the members apart from itself);
b
a body corporate whose activities another body corporate is empowered by statute to control;
c
a body corporate whose only activity is acting as the trustee of a pension scheme; or
d
a charity.
5
In this article —
a
a body corporate is a wholly-owned subsidiary of a person if it is a wholly-owned subsidiary of his within the meaning given by section 736 of the Companies Act 1985 , or would be if the person were a company;
b
in determining whether a body corporate is a wholly-owned subsidiary of a person, the membership of any excepted individual who is not acting on behalf of another person shall be disregarded;
c
“pension scheme” means an occupational pension scheme established under a trust and “occupational pension scheme” has the meaning given by section 1 of the Pension Schemes Act 1993 .
Relevant business activities
4
1
A business activity is a relevant business activity if it involves making one or more supplies of goods or services to one or more members of the group and —
a
those supplies are not incidental to that business activity;
b
at least one of those supplies is or would be chargeable to VAT at a rate other than zero; and
c
the representative member is not or would not be entitled to credit for the whole of the VAT on such supplies as fall within sub-paragraph (b) as input tax.
2
In determining for the purposes of paragraph (1) whether —
a
a body corporate makes any supplies to any members of the group;
b
a supply would be chargeable to VAT at a rate other than zero;
c
the representative member would not be entitled to credit for the whole of the VAT on the supply as input tax,
a body corporate that is a member of the group shall be deemed not to be a member.
The benefits condition
5
1
The benefits condition is satisfied unless more than 50% of the benefits of the relevant business activity accrue, directly or indirectly, to one or more third parties.
2
For the purposes of paragraph (1), benefits that accrue to a person in his capacity as a member of a body corporate which controls all of the other members of the group (or, where the body is or will be a member of the group, all of the other members apart from itself) shall not be regarded as accruing to a third party.
3
The following are benefits of a business activity for the purposes of paragraph (1) —
a
profits (whether or not distributed);
b
charges for managing the business activity (including charges for providing staff to manage it);
c
the amounts, if any, by which any other charges made to the body exceed the open market value of the goods or services concerned.
4
For the purposes of paragraph (1), if there are no such benefits, the business activity shall be deemed to generate profits of £100.
The consolidated accounts condition
6
1
The consolidated accounts condition is satisfied if —
a
consolidated accounts prepared for a person who controls all of the other members of the group (or, where the person is or will be a member of the group, all of the other members apart from himself) would be required by generally accepted accounting practice to include accounts for the specified body as his subsidiary; and
b
consolidated accounts prepared for a third party would not be required by generally accepted accounting practice to include accounts for the specified body as his subsidiary.
2
For the purpose of the application of paragraph (1) at a particular time —
a
the reference to consolidated accounts is a reference to consolidated accounts —
i
for a period including that time, and
ii
insofar as they relate to that time,
b
any principle of generally accepted accounting practice that permits accounts of a subsidiary undertaking to be excluded from a consolidation as being immaterial shall be disregarded;
c
the reference to consolidated accounts prepared for a person is a reference to consolidated accounts of a kind that could be prepared for him in accordance with generally accepted accounting practice, for which purpose it does not matter —
i
whether accounts are actually prepared for him (whether for a particular period or at all), or
ii
in particular, whether he is required to prepare accounts.
3
In this article “generally accepted accounting practice” —
a
has the meaning given by section 50(1) of the Finance Act 2004 ;
b
in relation to any time when that section does not have effect, has the meaning given by section 836A of the Income and Corporation Taxes Act 1988 .
Interpretation etc.
7
1
In determining —
a
the value of the supplies made by a body corporate that is the sole general partner of a limited partnership (a “general partner”);
b
whether a general partner is carrying on a relevant business activity;
c
whether the benefits condition is satisfied in relation to a general partner;
d
whether the consolidated accounts condition is satisfied in relation to a general partner,
articles 3(1) and (2), 4(1), 5 and 6 shall apply as if references to the body or specified body, as the case requires, are references to the limited partnership.
2
A person is a third party for the purposes of this Order if —
a
he does not control the body corporate and all of the other members of the group;
b
a person who controls the body corporate and all of the other members of the group does not control him; and
c
he is not an excepted individual.
3
An individual is an excepted individual if he is —
a
an employee or director of the body; or
b
where the body is a limited liability partnership, a member of the body.
4
Any reference in this Order to “the group” is to the group of which the body corporate is a member or to which an application under section 43B(1) or (2)(a) of the Act relates, as the case may require.
5
Any reference in this Order to a person controlling a body corporate includes a reference to his controlling the body together with one or more other individuals with whom he is carrying on a business in partnership.
Joan Ryan
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Hampshire National Health Service Trust (Change of Name and Establishment) Amendment Order 2004 and shall come into force on 20th March 2004.
2
In this Order —
“the Establishment Order ” means the West Hampshire National Health Service Trust (Establishment) Order 2001 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Hampshire Partnership National Health Service Trust instead of the West Hampshire National Health Service Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2 of the Establishment Order (establishment and name of the trust),
“West Hampshire” shall be replaced by “Hampshire Partnership”.
Effect on previous instruments
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
4
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
10th March 2004


text:
Citation
1
This Order may be cited as the Waste and Emissions Trading Act 2003 (Commencement No. 2) Order 2004.
Commencement
2
Sections 1 and 17 of the Waste and Emissions Trading Act 2003 shall come into force on the day after the day on which this Order is made.
Elliot Morley
Minister of State,
Department for Environment Food and Rural Affairs
19th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Non-Domestic Rating Contributions (England) (Amendment) Regulations 2004 and shall come into force on 31st December 2004.
Amendment of the Non-Domestic Rating Contributions (England) Regulations 1992
2
The Non-Domestic Rating Contributions (England) Regulations 1992 are amended as follows in relation to financial years beginning on or after 1st April 2005.
Interpretation
3
In regulation 2(2)(a), (b) and (c), for the word “multiplier” substitute “multipliers”.
Rules for the calculation of non-domestic rating contributions
4
In Schedule 1 –
a
in paragraph 1(4), for “2004” substitute “2005”.
b
in paragraph 4(4), for “2004 is £84,106,000” substitute “2005 is £83,606,000”; and
c
for Part II substitute–
PART II
COST FACTORS
Name or description of authority Cost factor
The councils of the districts of Bracknell Forest, Crawley, Elmbridge, Epsom and Ewell, Guildford, Mole Valley, Reigate and Banstead, Runnymede, Slough, Spelthorne, Surrey Heath, Tandridge, Waverley, Windsor and Maidenhead and Woking 1.1409 The councils of the districts of Broxbourne, Chiltern, Dacorum, East Hertfordshire, Hertsmere, St Albans, South Buckinghamshire, Three Rivers, Watford and Welwyn Hatfield 1.1119 The councils of the districts of Reading, West Berkshire and Wokingham 1.1185 The councils of the districts of Basildon, Brentwood, Epping Forest, Harlow, Dartford, Sevenoaks and Thurrock 1.0942 The councils of the districts of Aylesbury Vale, Milton Keynes and Wycombe 1.0815 The council of a district which falls within the county of Oxfordshire 1.074 The councils of the districts of Bedford, Luton, Mid Bedfordshire, North Hertfordshire, South Bedfordshire and Stevenage 1.0506 The councils of the districts of Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South Cambridgeshire 1.0499 The councils of the districts of Basingstoke and Deane, East Hampshire, Eastleigh, Fareham, Gosport, Hart, Havant, New Forest, Portsmouth, Rushmoor, Southampton, Test Valley and Winchester 1.0433 The councils of the districts of Adur, Arun, Chichester, Horsham, Mid Sussex and Worthing 1.0225 The council of a district which falls within the county of Warwickshire 1.0297 The councils of the districts of Kennet, North Wiltshire, Salisbury, Swindon and West Wiltshire 1.0337 The councils of the districts of Bath and North East Somerset, Bristol City, North Somerset and South Gloucestershire 1.0386 The council of a district which falls within the county of Northamptonshire 1.0254 The councils of the districts of Ashford, Canterbury, Dover, Gravesham, Maidstone, Medway, Shepway, Swale, Thanet, Tonbridge and Maling and Tunbridge Wells 1.014 The council of a district which falls within the county of Gloucestershire 1.0229 The council of a district which falls within the West Midlands metropolitan county 1.0271 The councils of the districts of Chester, Congleton, Crewe and Nantwich, Ellesmere Port and Neston, Halton, Macclesfield , Vale Royal and Warrington 1.0244 The council of a district which falls within the Greater Manchester metropolitan county 1.021 The councils of the districts of Braintree, Castle Point, Chelmsford, Colchester, Maldon, Rochford, Southend-on-sea, Tendring and Uttlesford 1.0129 The councils of the districts of Brighton and Hove, Eastbourne, Hastings, Lewes, Rother and Wealden 1.0162 The council of a district which falls within the county of Suffolk 1.0075 The council of a district which falls within the West Yorkshire metropolitan county 1.0129 The council of a district which falls within the county of Leicestershire 1.0073 The council of a district other than a district named, or falling within a description given, above 1.0 The council of an inner London borough 1.2602 The councils of the boroughs of Barnet, Brent, Ealing, Harrow, Hillingdon, Hounslow, Kingston upon Thames, Merton, Richmond upon Thames and Sutton 1.1429 The councils of the boroughs of Barking and Dagenham, Bexley, Bromley, Croydon, Enfield, Haringey, Havering, Newham, Redbridge and Waltham Forest 1.0849 The Common Council of the City of London 1.4715 The Council of the Isles of Scilly 1.0 The Isle of Wight Council 1.0433
Assumptions relating to provisional amounts
5
In Schedule 2 –
a
in paragraph 2(12) for “0.959” substitute “0.987”;.and
b
for the table in paragraph 8(1) substitute the following–
Name or description of authority Percentage
The council of a metropolitan district 0.9 The council of a non-metropolitan district which has the functions of a county council 0.7 The council of a non-metropolitan district which does not have the functions of a county council 0.5 The council of an inner London borough, and the Common Council of the City of London 0.7 The council of an outer London Borough 1,0 The Council of the Isles of Scilly and the Isle of Wight Council 0.7
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
8th December 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Housing (Right to Buy) (Designated Rural Areas and Designated Regions) (England) Order 2004 and shall come into force on 17th March 2004.
2
In this Order “ the Act ” means the Housing Act 1985.
Designated rural areas
2
The areas specified in the Schedule are designated as rural areas for the purposes of section 157 of the Act.
Designated regions
3
1
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 1 of the Schedule, the designated region for the purposes of section 157(3) of the Act shall be the district of Forest of Dean.
2
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 2 of the Schedule, the designated region for the purposes of section 157(3) of the Act shall be the district of Rochford.
3
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 3 of the Schedule, the designated region for the purposes of section 157(3) of the Act shall be the district of Rutland.
4
In relation to a dwelling-house which is situated in a rural area designated by article 2 and listed in Part 4 of the Schedule, the designated region for the purposes of section 157(3) of the Act shall be the district of Kings Lynn and West Norfolk.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
20th February 2004


text:
1
This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No. 4) Order 2004 and shall come into force on 26th December 2004.
2
The Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment No.3) Order 2004 is hereby revoked.
3
1
The Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 is amended as follows.
2
In article 2, after “a penalty offence” there is inserted “by a person aged 16 or over at the time he committed the penalty offence”.
3
After article 2, there is inserted –
3
The amount of the penalty payable in respect of a penalty offence by a person aged under 16 at the time he committed the penalty offence is –
a
in the case of an offence falling under Part I of the Schedule to this Order, £40, or
b
in the case of an offence falling under Part II of the Schedule to this Order, £30.
.
4
For the heading to Part I of the Schedule there is substituted “OFFENCES ATTRACTING PENALTY OF £80 FOR PERSONS 16 AND OVER, OR £40 FOR PERSONS UNDER 16”.
5
For the heading to Part II of the Schedule there is substituted “OFFENCES ATTRACTING PENALTY OF £50 FOR PERSONS 16 AND OVER, OR £30 FOR PERSONS UNDER 16”.
6
For “Section 168E of the Licensing Act 1964 (c. 26) ” in Part II of the Schedule there is substituted “Section 169E of the Licensing Act 1964 (c. 26) ”.
Scotland of Asthal Q.C.
Minister of State
Home Office
20th December 2004


text:
Citation
1
1
This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 2) Order 2004.
2
In this Order “the 1999 Act ” means the Immigration and Asylum Act 1999 and “the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
Commencement
2
The provisions of the 2004 Act specified in column 1 of the Schedule to this Order shall come into force on the date specified in column 2 of that Schedule, but where a particular purpose is specified in relation to any such provision in column 3 of that Schedule, the provisions concerned shall come into force on that date only for that purpose.
Modification
3
Section 9 of the 2004 Act shall, until the commencement of section 44 of the Nationality, Immigration and Asylum Act 2002 , have effect as if the reference to section 94(3A) of the 1999 Act were a reference to section 94(5) of that Act.
Transitional provision
4
Notwithstanding the coming into force of section 9 of the 2004 Act, an appeal may be brought under section 103 of the 1999 Act against a decision if the letter giving notice of the decision is dated before 1st December 2004.
Des Browne
Minister of State
Home Office
16th November 2004


text:
Citation, commencement and extent
1
1
These Rules may be cited as the Local Elections (Parishes and Communities) (Amendment) (England and Wales) Rules 2004.
2
These Rules come into force on 1st March 2004.
3
These Rules extend to England and Wales.
Amendment of parishes and communities rules
2
1
The Local Elections (Parishes and Communities) Rules 1986 shall be amended as follows.
2
Rule 4 shall become paragraph (1) of that rule and in that paragraph, 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 ;
“counting observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001 ;
“counting officer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985 ;
“local counting area” shall have the same meaning as in regulation 2(1) of the European Parliamentary Elections Regulations 2004 ;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 ;
“petition organiser” shall have the same meaning as in regulation 3 of the Local Authorities (Referendums) (Petitions and Directions) (England) Regulations 2000 ;
“polling observer” shall have the same meaning as in regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001;
“relevant election or referendum” means one or more of the following —
a Parliamentary election ;
a European Parliamentary election;
another local government election;
a mayoral election; and
a referendum,
the poll at which is taken together with the poll at the parish or community election;
“voting area” shall have the same meaning as in regulation 2 of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.
3
After rule 4(1), insert —
2
In the case of a referendum, a reference to —
a
a “candidate” shall be construed as a reference to a petition organiser;
b
an “election agent” or a “counting agent” shall be construed as a reference to a counting observer;
c
a “polling agent” shall be construed as a reference to a polling observer; and
d
a “returning officer” shall be construed as a reference to a counting officer.
4
For rule 6, substitute —
Combination of polls
6
Where the poll at an election of councillors to the council of a parish or community is to be taken together with the poll at a relevant election or referendum , the rules set out in Schedule 2 shall apply to the parish or community election as shown modified in Schedule 3.
5
Rule 7 and Schedule 4 are revoked.
6
In Schedule 2, in the Appendix of forms —
a
in the form for the front of the Candidate’s Consent to Nomination, in the declaration to be made by a prospective candidate, after the words “section 80 of the Local Government Act 1972,” omit the words “a copy of which is printed overleaf”, and substitute the words “or any decision made under section 79 of the Local Government Act 2000 , copies of which sections are printed overleaf”;
b
in the form for the back of the Candidate’s Consent to Nomination, after the words “sections 80 and 81 of the Local Government Act 1972”, add the words “and section 79 of the Local Government Act 2000”; and
c
in paragraph 7 of the form for the back of the Declaration of Identity, delete the words “and the envelopes marked “A” and “B””.
7
For Schedule 3, substitute the schedule set out in the Schedule to these Rules.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
4th February 2004


text:
PART 1
General
Citation and commencement
1
These Regulations may be cited as the Recovery of Duties and Taxes Etc. Due in Other Member States (Corresponding UK Claims, Procedure and Supplementary) Regulations 2004 and shall come into force on 1st April 2004.
Interpretation
2
In these Regulations —
a
“ the Act ” means the Finance Act 2002;
b
“applicant authority” means an authority in a member State which makes a request for assistance under the Mutual Assistance Recovery Directive;
c
“authorised official” means an official of an applicant authority authorised by that authority to make requests for assistance in accordance with the Mutual Assistance Recovery Directive;
d
“ the Board ” means the Commissioners of Inland Revenue;
e
“ Commission ” means the Commission of the European Communities;
f
“ Commissioners ” means the Commissioners of Customs and Excise;
g
“consolidated claim” means several foreign claims recoverable from the same person;
h
“contested” means an action contesting a foreign claim or the instrument permitting enforcement brought by an interested party before the competent body of the member State in which the applicant authority is situated in accordance with the laws in force there;
i
“a corresponding UK claim” means a claim in the United Kingdom corresponding to the foreign claim;
j
“costs” includes fees, charges, disbursements, expenses and remuneration;
k
“ Council Directive 77/388/EEC ” means that directive as amended and as last amended by Council Directive 2002/93 ;
l
“ the Directive ” means Commission Directive 2002/94/ EC laying down detailed rules for implementing certain provisions of the Mutual Assistance Recovery Directive;
m
“electronic means” has the same meaning as in Article 2(1) of the Directive;
n
“enforcement action” means action to enforce a foreign claim by way of legal proceedings, distress, diligence or otherwise as might be taken to enforce a corresponding UK claim;
o
“export duties” has the same meaning as in Article 3 of the Mutual Assistance Recovery Directive;
p
“instrument permitting enforcement” means —
i
any instrument issued by an applicant authority in any member State in relation to a sum claimed by that authority within the jurisdiction of that State; or
ii
a decision on that claim given in favour of that authority by a court or tribunal or other competent body in that State which permits recovery of that claim in that State or part thereof;
q
“import duties” has the same meaning as in Article 3 of the Mutual Assistance Recovery Directive;
r
“precautionary measures” means measures taken, or to be taken, in order to secure recovery of a foreign claim;
s
“request for assistance” means a request for information, notification, recovery or precautionary measures within the meaning of the Mutual Assistance Recovery Directive.
PART 2
Corresponding UK Claims
Corresponding UK Claims — Duties and Taxes
3
For the purposes of Schedule 39 to the Act, column 2 of the table in Schedule 1 prescribes the corresponding UK claim in relation to each foreign claim described in column 1.
PART 3
Requests for Assistance
Requests for information
4
1
A request for information shall be made in writing in the form specified in Annex I to the Directive. If the request cannot be transmitted by electronic means it shall bear the official stamp of the applicant authority and be signed by an authorised official.
2
A request for information shall relate to —
a
a debtor;
b
a person liable for settlement of the debt under the law in force in the member State in which the applicant authority is situated; or
c
any third party holding assets belonging to one of the persons mentioned in sub-paragraph (a) or (b).
3
The relevant UK authority shall acknowledge receipt of a request for information in writing not later than seven days from the date of such receipt and as appropriate request the applicant authority to provide any additional information necessary to execute the request.
4
The relevant UK authority shall, not later than six months from the date of acknowledgement of the request, report to the applicant authority the outcome of the investigations which it has conducted in order to obtain the information requested.
5
The relevant UK authority shall, within a reasonable period following the date upon which that information was obtained, transmit to the applicant authority the information obtained in accordance with the request.
6
The relevant UK authority shall not be obliged to supply information where —
a
the request was not made in accordance with this regulation;
b
the relevant UK authority would not be able to obtain that information for the purpose of recovery of a corresponding UK claim;
c
the supply of the requested information would disclose any commercial, industrial or professional secret; or
d
disclosure of the information would prejudice the security of the United Kingdom or otherwise be contrary to the law or public policy of the United Kingdom.
7
An applicant authority may in writing at any time withdraw a request made under this regulation.
Requests for notification of instruments
5
1
A request for notification of an instrument shall —
a
be made in writing in duplicate in the form specified in Annex II to the Directive;
b
bear the official stamp of the applicant authority;
c
be signed by an authorised official of that authority;
d
be accompanied by two copies of the instrument to be notified.
2
A request for notification shall relate to a person specified in regulation 4(2).
3
The relevant UK authority shall —
a
acknowledge receipt of a request for notification in writing not later than seven days after the date of such receipt;
b
take the necessary measures to effect notification immediately upon receipt of the request for notification in accordance with the law applicable to notification of similar instruments in that part of the UK in which notification is given;
c
confirm to the applicant authority, as soon as reasonably practicable, the date the instrument was notified to the person concerned by returning a copy of the request form with the certificate on the reverse completed;
d
not question the validity of the instrument.
4
The relevant UK authority may request additional information from the applicant authority for the purposes of effecting notification.
5
For the purposes of this regulation “instrument” means any document or decision including those of a judicial nature which emanate from the member State in which the applicant authority is situated and which relate to a foreign claim.
Requests for recovery or precautionary measures
6
1
A request for recovery or precautionary measures shall —
a
be made in writing in the form specified in Annex III to the Directive including a declaration that the conditions of the Mutual Assistance Recovery Directive for initiating a request have been fulfilled;
b
bear the official stamp of the applicant authority;
c
be signed by an authorised official of that authority;
d
relate to a person specified in regulation 4(2); and
e
be accompanied by an instrument permitting enforcement.
2
The amount of the foreign claim stated in the request shall be stated in UK sterling and the currency of the member State in which the applicant authority is situated using the exchange rate specified in regulation 15(2).
3
The relevant UK authority shall —
a
within seven days of receipt of a request for recovery or precautionary measures —
i
acknowledge receipt of the request in writing to the applicant authority;
ii
make a request in writing to the applicant authority to complete the request if it does not contain the full or complete information required by Article 7 of the Mutual Assistance Recovery Directive;
b
where it does not take any enforcement action on a request within three months of receipt, not later than seven days from the end of that period inform the applicant authority in writing of the grounds for its failure to comply with the time limit;
c
within a reasonable time having regard to the particular case, where all or part of the foreign claim cannot be recovered or precautionary measures cannot be taken, so inform the applicant authority, indicating the reasons therefor;
d
no later than at the end of each six month period following the date of acknowledgement of receipt of the request, inform the applicant authority in writing of the status or outcome of any enforcement action;
e
continue, save where prevented by paragraph 4 of Schedule 39 to the Act, any enforcement action or precautionary measures where a request to do so is made by the applicant authority not later than two months from the date of receipt of the notification of the outcome of that action and such request shall be subject to the provisions in these Regulations which applied to the initial request;
f
inform the applicant authority immediately any enforcement action has been taken on a request.
4
For the purpose of this regulation and regulations 8 to 17 and regulations 20 to 26 a single instrument permitting enforcement which covers more than one foreign claim against a person shall be deemed to constitute a single claim.
5
A relevant UK authority shall consult the applicant authority where in recovering a foreign claim it intends to allow the debtor time to pay by arrangement or to make payment by instalments (whether or not interest is charged or to be charged on those arrangements).
6
Except where an enactment or rule of law applicable to a corresponding UK claim requires otherwise, a relevant UK authority shall not be obliged to recover a foreign claim where to do so would, because of the situation of the debtor, create serious economic or social difficulties in the United Kingdom.
Transfer of sums recovered
7
1
Subject to paragraph (3) the relevant UK authority shall transfer in UK sterling to the applicant authority any sum recovered in respect of a foreign claim not later than one month from the date upon which recovery was effected.
2
For the purposes of this regulation “sum” shall include any interest including interest charged in the UK.
3
The relevant UK authority and the applicant authority may agree different arrangements for the transfer of an amount where that amount is less than 1500 Euro.
4
For the purpose of satisfying a request for recovery any sum recovered shall be deemed to have been recovered in proportion to the foreign claim as expressed in UK sterling.
Contested recovery
8
1
Any enactment permitting proceedings for the recovery of or precautionary measures in relation to a corresponding UK claim shall apply to a foreign claim which is contested.
2
This regulation shall not apply to agricultural levies of the European Community.
Notice of inability to take action or proceedings upon a request for recovery of a contested claim
9
Where, in accordance with paragraph 4 of Schedule 39 to the Act, the relevant UK authority is not permitted to take action for recovery or for a precautionary measure it shall, in writing, advise the competent authority of the reasons within one month of the receipt of the notification by the applicant authority that the foreign claim or instrument permitting enforcement is contested.
Notice of action contesting recovery
10
The relevant UK authority shall notify the applicant authority in writing of any notice of commencement of action in the UK by a person specified in regulation 4(2) for reimbursement of sums recovered or for compensation in relation to recovery of a contested claim.
Reimbursement of sums recovered and compensation
11
Where the result of contesting a foreign claim or instrument permitting enforcement is favourable to the debtor, the applicant authority shall be liable for the reimbursement of any sums recovered, together with any compensation due, in accordance with any law in force in the relevant part of the UK applicable to the corresponding UK claim.
Reimbursement arrangements
12
Where recovery of a foreign claim poses a specific problem, entails a very large amount in costs or relates to the fight against organised crime the relevant UK authority and the applicant authority may agree reimbursement arrangements specific to the case in question.
Notice of cancellation or payment of a claim
13
Where the relevant UK authority undertakes enforcement action or precautionary measures in relation to that foreign claim it shall, upon receipt of notice in writing from the applicant authority as to —
a
payment in satisfaction of that claim; or
b
cancellation or other reason for termination of that claim;
cease any enforcement action or precautionary measures in relation to that claim.
Adjustment of a foreign claim
14
1
This regulation applies where the amount of a foreign claim is amended for any reason.
2
Where the amendment leads to a reduction in the amount of the foreign claim —
a
the relevant UK authority shall continue the action which it has undertaken with a view to recovery or to the taking of precautionary measures, but that action shall be limited to the amount still outstanding;
b
if at the time the relevant UK authority is informed of the reduction in the amount of the foreign claim, an amount exceeding the amount still outstanding has already been recovered by it but the transfer procedure referred to in regulation 7 has not yet been initiated, the relevant UK authority shall repay the amount overpaid to the person entitled thereto.
3
Where the amendment leads to an increase in the amount of the foreign claim —
a
the additional request shall as far as possible be dealt with by the relevant UK authority at the same time as the original request;
b
where, in view of the state of progress of the existing recovery procedure, consolidation of the additional request with the original request is not possible, the relevant UK authority shall be required to comply with the additional request only if it concerns an amount not less than the threshold amount referred to in regulation 15(1).
Minimum amount on requests for assistance
15
1
A request for assistance shall not be entertained if the foreign claim (whether a single claim or a consolidated claim) is less than 1500 Euro or the sterling equivalent at the time of request.
2
The rate of exchange to be used for the purposes of these regulations shall be the latest selling rate recorded on the most representative exchange market or markets of the member State in which the applicant authority is situated on the date when the request for assistance is signed.
Limitation on requests for assistance
16
1
The relevant UK authority shall not be obliged to entertain a request for assistance if the foreign claim is more than five years old.
2
The point for commencement and calculation of a period of five years shall be —
a
where a foreign claim is not contested, the date the instrument permitting enforcement was established by the applicant authority in accordance with the law in force in the member State in which that authority is situated; or
b
where a foreign claim is contested, the date upon which the applicant authority establishes that the claim or instrument permitting recovery is no longer contested.
Acceptance and transmission of communications
17
1
The relevant UK authority shall, as far as possible, accept and transmit all information required to be communicated in writing for the purposes of the Mutual Assistance Recovery Directive by electronic means.
2
Paragraph (1) does not apply to requests for assistance made in accordance with regulations 5 and 6 and the instrument accompanying those requests unless the relevant UK authority and the applicant authority agree to waive paper communication.
Communication of documents and information
18
Documents and information sent to the relevant UK authority pursuant to the Mutual Assistance Recovery Directive may only be communicated by that authority to —
a
the person mentioned in the request for assistance;
b
those persons and authorities responsible for the recovery of the claims, and solely for that purpose; or
c
the judicial authorities dealing with matters concerning the recovery of claims.
Language requirements
19
1
Save as otherwise agreed by the relevant UK authority, requests for assistance, the instrument permitting enforcement, and any other relevant document addressed to that authority shall be accompanied by a translation of that document in the English language.
2
All information and particulars communicated to an applicant authority by the relevant UK authority in relation to a request for assistance shall be conveyed in the English language or such other language as is agreed by that authority with the applicant authority.
Limitation
20
1
The period of limitation or prescription in relation to any issue arising on the recovery of any foreign claim shall be that applicable under the laws in force in the member State in which the applicant authority is situated.
2
For the purposes of paragraph (1) any step or act taken by the relevant UK authority in recovery of a foreign claim in pursuance of a request for assistance shall be deemed to have been taken in the member State in which the applicant authority is situated where that step or act would, if it had been taken by that applicant authority, have had the effect of suspending or interrupting the period of limitation or prescription in accordance with the laws in force in that member State.
Notice of refusal of requests for assistance
21
1
Where in accordance with the Mutual Assistance Recovery Directive and the Directive or these Regulations the relevant UK authority decides not to act upon a request for assistance it shall, as soon as practicable after making its decision to refuse a request and any event within three months of the date of acknowledgement of receipt of the request, notify the applicant authority in writing of the reasons for refusal.
2
In the cases mentioned in regulations 6(6) and 16 a copy of the reasons for refusal shall also be communicated to the Commission within the period specified in paragraph (1).
PART 4
Interest
Adaptations
22
Schedule 2 to these Regulations shall have effect.
Interest enforced by the Board
23
1
A foreign claim corresponding to a UK claim for income tax, capital gains tax or corporation tax carries interest in respect of the principal and any penalty claimed at the rate applicable to the corresponding UK claim under section 178 of the Finance Act 1989 from the date of recognition until payment.
2
In this regulation “the date of recognition” means the earlier of —
a
the day following the expiry of three months from the date of receipt by the Board of the request for recovery of the foreign claim; and
b
the date the instrument permitting enforcement of the foreign claim is recognised by the Board as an instrument authorising enforcement of the claim in the United Kingdom.
3
Paragraph (1) above applies even if the date of recognition is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882 .
4
Interest is payable under this regulation without any deduction of income tax.
5
For the purposes of this regulation, where —
a
any payment is made by cheque to —
i
an officer of the Board, or
ii
the Board, or
iii
the applicant authority, and
b
the cheque is paid on its first presentation to the banker on whom it is drawn;
the payment shall be treated as made on the day on which the cheque was received by the officer or the Board or the applicant authority.
6
Interest payable under this regulation shall be recoverable as if it were interest charged under a provision of the Taxes Management Act 1970 .
Interest enforced by the Commissioners
24
1
A foreign claim corresponding to any UK claim —
a
mentioned in column 2 of Part I of Schedule 1, or
b
for insurance premium tax,
shall carry interest in respect of the principal and any penalty claimed at the rate applicable to the corresponding UK claim under section 197 of the Finance Act 1996 from the date of recognition until payment.
2
In this regulation “the date of recognition” means the earlier of —
a
the day following the expiry of three months from the date of receipt by the Commissioners of the request for recovery of the foreign claim; and
b
the date the instrument permitting enforcement of the foreign claim is recognised by the Commissioners as an instrument authorising enforcement of the claim in the United Kingdom.
3
Paragraph (1) above applies even if the date of recognition is a non-business day within the meaning of section 92 of the Bills of Exchange Act 1882.
4
Interest is payable under this regulation without any deduction of income tax.
5
For the purposes of this regulation, where —
a
any payment is made by cheque to —
i
an officer of Customs and Excise, or
ii
the Commissioners, or
iii
the applicant authority, and
b
the cheque is paid on its first presentation to the banker on whom it is drawn,
the payment shall be treated as made on the day on which the cheque was received by the officer or the Commissioners or the applicant authority.
6
Interest payable under this regulation shall be notified in writing to the person subject to enforcement action in respect of the foreign claim and may be recovered from that person as a debt due to the Crown.
PART 5
Enforcement of Corresponding Claims
Evidence
25
1
An instrument permitting enforcement of a foreign claim recognised by the Board as an instrument authorising enforcement of the claim in the United Kingdom, together with a certificate of a collector that payment of the claim has not been made to him, or, to the best of his knowledge and belief, to any other collector, or to any person acting on his behalf or on behalf of another collector, or to the applicant authority, is sufficient evidence that the sum mentioned in the instrument is unpaid and is due to that authority.
2
A certificate of a collector that interest is payable under regulation 23(1) and that payment of the interest has not been made to him, or, to the best of his knowledge and belief, to any other collector, or to any person acting on his behalf or on behalf of another collector, or to the applicant authority, is sufficient evidence that the sum mentioned in the instrument is unpaid and is due to that authority.
3
For the purposes of this regulation, any document purporting to be such a certificate as is mentioned in paragraph (1) and (2) is deemed to be such a certificate unless the contrary is proved.
Enforcement in Scotland
26
1
For the purposes of enforcement in Scotland, an original, official or certified copy of a decision on a foreign claim by a court, tribunal or other competent body in the member State in which the applicant authority is situated shall be of the same force and effect as an extract of a decree of the Court of Session for the payment of money bearing a warrant for execution.
2
For the purposes of paragraph (1), a “decision on a foreign claim” means a decision on a foreign claim which permits recovery of that claim in the member State in which the applicant authority is situated or in part thereof.
John Heppell
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
9th March 2004
M J Hanson
Commissioner of Customs and Excise
8th March 2004
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
9th March 2004


text:
1
This scheme may be cited as the M1 Motorway (Markham Road and Erin Road, Staveley, Derbyshire) Connecting Roads Scheme 2004 and shall come into force on 7th February 2005.
2
In this scheme —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the Motorway” means the M1 London — Yorkshire Motorway;
ii
“the special roads” means all the special roads which the Secretary of State is authorised by this scheme to provide;
iii
“the deposited plan” means the plan folio numbered HA 16/OD/30, marked “The M1 Motorway (Markham Road and Erin Road, Staveley, Derbyshire) Connecting Roads Scheme 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
For the purpose of connecting the Motorway with other highways, the Secretary of State is authorised to provide along the routes described in the schedule hereto the special roads for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 of the Highways Act 1980.
4
The special roads shall become trunk roads from the date when this scheme comes into force.
5
The centre lines of the special roads are indicated by heavy black lines on the deposited plan.
Signed by authority of the Secretary of State for Transport
Grahm Bowskill
Divisional Director
Highways Agency
15th November 2004


text:
Citation and commencement
1
1
This Order may be cited as the Liberia (United Nations Sanctions) (Isle of Man) (Amendment) Order 2004 and shall come into force on 16th April 2004.
2
This Order and the Liberia (United Nations Sanctions) (Isle of Man) Order 2004 (hereinafter referred to as “the principal Order”) may be cited together as the Liberia (United Nations Sanctions) (Isle of Man) Order 2004.
Amendment of the principal Order
2
The principal Order is amended in accordance with articles 3 to 8, below.
3
In article 1(4), for the words “Articles 3, 4 and 5” substitute “Articles 3, 4, 5 and 6A”.
4
1
In article 2 —
a
after the definition of “commander”, insert the following definition —
“designated person” means Charles Taylor, Jewell Howard Taylor, Charles Taylor Jr. or any other person or entity designated by the Committee, established pursuant to resolution 1521 adopted by the Security Council of the United Nations on 22nd December 2003, for the purposes of resolution 1532 adopted by the Security Council on 12th March 2004;
;
b
after the definition of “exportation”, insert the following definition —
“ funds, other financial assets or economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;
; and
c
after the definition of “owner”, insert the following definition —
“ relevant institution” means —
a body corporate wherever incorporated;
a partnership or unincorporated association of two or more persons formed under the law of the Isle of Man or elsewhere; and
a building society within the meaning of section 7 of the Industrial and Building Societies Act 1892 (an Act of Tynwald);
.
2
Renumber article 2 as article 2(1).
5
After article 2(1) insert —
2
For the purposes of identifying a “designated person” referred to in paragraph (1) of this article, the Treasury shall cause a notice containing the names and other particulars of such designated persons to be published in a newspaper published and circulating in the Isle of Man as necessary from time to time.
.
6
After article 6, insert —
FUNDS, FINANCIAL ASSETS OR ECONOMIC RESOURCES
Making funds, other financial assets or economic resources available to any designated person
6A
Any person who, except under the authority of a licence granted by the Treasury under this article, makes any funds, other financial assets or economic resources available to or for the benefit of any designated person shall be guilty of an offence.
Freezing of funds, other financial assets or economic resources
6B
1
Where the Treasury has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds, other financial assets or economic resources are held is or may be a designated person, the Treasury may by notice direct that those funds, other financial assets or economic resources are not to be made available to any person or entity except under the authority of a licence granted by the Treasury under article 6A.
2
A notice given under paragraph (1) shall specify either —
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The Treasury may by notice revoke a notice given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 6A in respect of the funds, other financial assets or economic resources in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds, other financial assets or economic resources in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds, other financial assets or economic resources they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a notice has been given under paragraph (1), any person by, for or on behalf of whom those funds, other financial assets or economic resources are held may apply to the High Court for the notice to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Treasury (and to any other person by, for or on behalf of whom those funds, other financial assets or economic resources are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence.
Facilitation of activities prohibited under article 6A or 6B(9)
6C
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 6A or 6B(9) is guilty of an offence.
Failure to disclose knowledge or suspicion of measures
6D
1
A relevant institution is guilty of an offence if —
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time —
i
is a designated person; or
ii
has committed an offence under article 6A, 6B(9) or 8 (2); and
b
it does not disclose to the Treasury the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Treasury —
a
its knowledge or suspicion that a person is a designated person or a person who has committed an offence under article 6A, 6B(9) or 8 (2), or
b
any information or other matter on which that knowledge or suspicion is based, the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
7
In article 16(1), for the words “3, 5 or 6(3)” substitute “3, 5, 6(3), 6A, 6B(9) or 6C”.
8
In article 16(3), before the words “8(1)” insert “6B(10), 6D,”.
A.K.Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Gateshead (Electoral Changes) Order 2004.
2
This Order, with the exception of article 5, 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
Article 5 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Birtley 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 Gateshead;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Gateshead (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Gateshead Borough Council.
Wards of the borough of Gateshead
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-two wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Gateshead
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 Birtley
5
1
The existing wards of the parish of Birtley shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Birtley Central, Birtley North and Birtley South; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Birtley South parish ward shall be six, for the Birtley North parish ward shall be five, and for the Birtley Central parish ward shall be four.
Maps
6
Gateshead Borough Council shall make a print of the map marked “Map referred to in the Borough of Gateshead (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
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
8
The Borough of Gateshead (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004


text:
Citation and commencement
1
This Order may be cited as the Scottish Public Services Ombudsman Act 2002 (Consequential Provisions and Modifications) Order 2004 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order–
“ the Act ” means the Scottish Public Services Ombudsman Act 2002( );
“ the Cabinet ” means the Cabinet of the UK Government; and
“ Ombudsman ” means the Scottish Public Services Ombudsman appointed under section 1 of the Act.
Evidence
3
1
No person shall be required or authorised by virtue of the Act to furnish any information or answer any questions relating to the proceedings of the Cabinet or any committee of the Cabinet or to produce so much of any document as relates to such proceedings.
2
For the purposes of paragraph (1), a certificate issued by the Secretary of the Cabinet, with the approval of the Prime Minister, and certifying that any information, question, document or part of a document so relates shall be conclusive.
Confidentiality of information
4
1
A Minister of the Crown may give notice in writing to the Ombudsman with respect to–
a
any document or information specified in the notice, requested by virtue of an investigation under the Act; or
b
any class of documents or information so specified,
that, in the opinion of the Minister, the disclosure of the document or information, or of documents or information of that class, would be prejudicial to the safety of the State or otherwise contrary to the public interest.
2
Where such a notice is given nothing in the Act shall be construed as authorising or requiring the Ombudsman or any of the Ombudsman’s advisers to communicate to any person for any purpose any document or information specified in the notice, or any document or information of a class so specified.
Parliamentary Commissioner Act 1967 (c. 13)
5
1
The Parliamentary Commissioner Act 1967 is amended as follows.
2
In section 3(2) (administrative provisions)( ) omit “or of the Health Service Commissioner for Scotland”.
3
In section 11A (consultations between the Parliamentary Commissioner and Welsh Administration Ombudsman or Health Service Commissioners)( )–
a
in subsection (1)–
i
after the words “Welsh Administration Ombudsman”, insert “, the Scottish Public Services Ombudsman”;
ii
for “, Wales or Scotland” substitute “or Wales”; and
iii
in paragraph (b) after “1998”, insert, “,” and after “1993”, insert “, or the Scottish Public Services Ombudsman Act 2002”;”;
b
in subsection (2) after “Ombudsman” insert “, the Scottish Public Services Ombudsman”; and
c
after that subsection insert–
2A
Where an authority to which this Act applies is also a listed authority to which the Scottish Public Services Ombudsman Act 2002 applies, the Commissioner must co-operate with the Scottish Public Services Ombudsman to such an extent as appears appropriate when exercising any function in relation to that authority.
.
Local Government Act 1974 (c. 7)
6
In section 33 of the Local Government Act 1974 (consultation between Local Commissioner, the Parliamentary Commissioner and the Health Service Commissioner)( )–
a
in subsection (1)–
i
in paragraph (aa) omit “or”;
ii
after paragraph (b), insert–
or
c
by the Scottish Public Services Ombudsman in accordance with the Act of 2002,
;
iii
after “appropriate Commissioner or” omit “the”; and
iv
for “or under the Act of 1993” substitute “, the Act of 1993 or under the Act of 2002”;
b
in subsection (2)–
i
after “Welsh Administration Ombudsman” insert “, the Scottish Public Services Ombudsman”; and
ii
for “the Ombudsman”, substitute “that Ombudsman”;
c
in subsection (5) after “the Government of Wales Act 1998” insert “, in section 19 of the Act of 2002”; and
d
in subsection (6) after “Act 1993” insert “and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002”.
House of Commons Disqualification Act 1975 (c. 24)
7
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (other disqualifying offices)( ) omit “Commissioner for Local Administration in Scotland.” and “Health Service Commissioner for Scotland.” and insert at the appropriate place “Scottish Public Services Ombudsman.”.
Northern Ireland Assembly Disqualification Act 1975 (c. 25)
8
In Part 3 of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (other disqualifying offices)( ) omit “Commissioner for Local Administration in Scotland” and “Health Service Commissioner for Scotland”, and insert at the appropriate place “Scottish Public Services Ombudsman”.
Mental Health Act 1983 (c. 20)
9
In section 134(3)(c) of the Mental Health Act 1983 (correspondence of patients)( ), after “the Parliamentary Commissioner for Administration,” insert “the Scottish Public Services Ombudsman,”.
Finance Act 1989 (c. 26)
10
In section 182 of the Finance Act 1989 (disclosure of information)( )–
a
in subsection (4)(a)(iii) omit “or”;
b
after subsection (4)(a)(iv) insert–
or
v
of the Scottish Public Services Ombudsman and any member of his staff,
;
c
in subsection (6) for “or the Welsh Administration Ombudsman” substitute “, the Welsh Administration Ombudsman or the Scottish Public Services Ombudsman”; and
d
in subsection (11)(c) omit “the Health Service Commissioner for Scotland,”.
Official Secrets Act 1989 (Prescription) Order 1990 ( S.I. 1990/200 )
11
InSchedule 2 to the Official Secrets Act 1989 (Prescription) Order 1990 (prescriptions)( )–
a
in column 2 omit “or Scotland” where it occurs in the reference to the Parliamentary Commissioner for Administration;
b
in column 1 insert “Scottish Public Services Ombudsman” after the reference to Northern Ireland Parliamentary Commissioner for Administration; and
c
in column 2 opposite the entry inserted by paragraph (b) above, insert–
The officers of the Ombudsman who are not otherwise Crown servants
.
Social Security Administration Act 1992 (c. 5)
12
In section 123(8) of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons)( )–
a
in paragraph (g) for “the Health Service Commissioner for Scotland” substitute “the Scottish Public Services Ombudsman”;
b
paragraph (hc) is omitted in its entirety; and
c
in paragraph (k)–
i
after “the Commissioners” insert “, Ombudsman”; and
ii
for “(hc)” substitute “(hb)”.
Social Security Administration (Northern Ireland) Act 1992 (c. 8)
13
In section 117(8) of the Social Security Administration (Northern Ireland) Act 1992 (unauthorised disclosure of information relating to particular persons)( )–
a
in paragraph (h) for “, Wales or Scotland” substitute “or Wales”;
b
in paragraph (hc) for “the Commissioner for Local Administration in Scotland” substitute “the Scottish Public Services Ombudsman”; and
c
in paragraph (i)–
i
for “(hc)” substitute “(hb)”; and
ii
after “above” where it first occurs insert “, or of the Scottish Public Services Ombudsman”.
Tribunals and Inquiries Act 1992 (c. 53)
14
In section 2(3) of the Tribunals and Inquiries Act 1992 (composition of the Council and the Scottish Committee)( ) for “shall, by virtue of his office, be a member” substitute “and the Scottish Public Services Ombudsman shall by virtue of their offices be members”.
Judicial Pensions and Retirement Act 1993 (c. 8)
15
In section 25 of the Judicial Pensions and Retirement Act 1993 (the Comptroller and Auditor General and the Parliamentary and Health Service Commissioners etc. )( ) omit paragraph (d).
Child Support (Information, Evidence and Disclosure) Regulations (S.I. 1992/1812 )
16
In regulation 11(e) of the Child Support (Information, Evidence and Disclosure) Regulations 1992 (employment to which section 50 of the Act applies)–
a
in paragraph (e) for “the Health Service Commissioner for Scotland” substitute “the Scottish Public Services Ombudsman”; and
b
in paragraph (h) after “Commissioners” insert “or of the Ombudsman”.
Health Service Commissioners Act 1993 (c. 46)
17
1
The Health Service Commissioners Act 1993( ) is amended as follows.
2
In section 1 (the Commissioners)( )–
a
in subsection (1)–
i
after “England,” insert “and”; and
ii
omit “, and (c) a Health Service Commissioner for Scotland”; and
b
in subsection (3) omit “and the Health Service Commissioner for Scotland”.
3
In section 2 (bodies subject to investigation)( ) omit subsection (3).
4
In section 2A (health service providers subject to investigation)( )–
a
omit subsection (3); and
b
in subsection (4)(a) for “, (2) or (3)” substitute “or (2)”.
5
In section 2B (independent providers subject to investigation)( )–
a
omit subsection (3);
b
in subsection (4) for “, (2)(a) or (3)(a)” substitute “or (2)(a)”; and
c
in subsection (5), for “, (2) or (3)” substitute “or (2)”.
6
In section 7(2)(a) (personnel, contracts etc )( ) omit “and, in relation to Scotland, by section 17A of the National Health Service (Scotland) Act 1978”.
7
In section 11(4) (procedure in respect of investigations)( ) omit “or the Health Service Commissioner for Scotland”.
8
In section 14 (reports by English and Scottish Commissioners)( )–
a
in subsections (1), (2), (2A), (2B), (2C), (2D), (3) and (5), omit “or the Health Service Commissioner for Scotland”;
b
in subsections (1)(b), (2)(b), (2A)(b), (2B)(b), (2C)(b) and (2D)(b) omit “or member of the Scottish Parliament”;
c
in subsection (4)–
i
omit “and the Health Service Commissioner for Scotland”; and
ii
in paragraphs (a) and (b) omit “each” where it first occurs; and
d
in the heading omit “and Scottish”, and for “Commissioners” substitute “Commissioner”.
9
In section 18 (consultation during investigations)( )–
a
in subsection (1)–
i
in paragraph (a) for “by either of the other Health Service Commissioners” substitute “by the other Health Service Commissioner”;
ii
in paragraph (d) for “by the Commissioner for Local Administration in Scotland under Part II of the Local Government (Scotland) Act 1975” substitute “by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002”; and
iii
after paragraph (d) omit “the” where it occurs after “appropriate Commissioner or” and where it occurs after “that Commissioner or”; and
b
in subsection (2) after “another Commissioner” insert “, the Scottish Public Services Ombudsman”.
10
In section 19 (interpretation)( ) in the definition of “the Court”, omit “in relation to Scotland, the Court of Session,”.
11
In Schedule 1 (the English and Scottish Commissioners)–
a
in the heading( ) omit “and Scottish”, and for “Commissioners” substitute “Commissioner”;
b
in paragraph A1 (introductory)( ) omit the words from “or” to the end of the paragraph;
c
in paragraph 1 (appointment of Commissioners)( )–
i
in sub-paragraph (2)(b) omit “except in the case of the Health Service Commissioner for Scotland” and “or”; and
ii
omit sub-paragraph (2)(c);
d
in the heading to paragraph 2, for “Commissioners” substitute “Commissioner”;
e
in paragraph 2(1) (appointment of acting Commissioners)( )–
i
for “either of the offices” substitute “the office”; and
ii
for “that” substitute “the”;
f
in paragraph 3(2) (ineligibility of certain persons for appointment)( )–
i
after “means” omit “(a) in relation to the Health service Commissioner for England or a person appointed to act as such,”;
ii
omit “, and” at the end of head (a); and
iii
omit head (b);
g
in paragraph (3A)(2) (ineligibility of certain persons for appointment)( )–
i
after “means” omit “(a) in relation to the Health Service Commissioner for England or a person appointed to act as such,”;
ii
omit “, and” to the end of head (a); and
iii
omit head (b);
h
in paragraph 4 (salaries)( ) omit head (b);
i
in paragraph 6( )–
i
in sub-paragraph (1)(b) for “either or both of the offices” substitute “the office”; and
ii
omit sub-paragraph (2);
j
in paragraph 9(1) (pensions and other benefits) for “any of the offices” substitute “the office”;
k
in paragraph 12 (staff and advisers)( ) omit “the other Commissioner,”; and
l
in paragraph 14 (financial provisions) omit “except the Health Service Commissioner for Scotland”.
12
In Schedule 1A (the Welsh Commissioner)( )–
a
in paragraph 5(3) (remuneration) for “either or both of the other offices” substitute “the other office”; and
b
in paragraph 6(5)(c) (staff and advisers) for “another” substitute “the other”.
13
In Schedule 2 (consequential amendments) omit paragraphs 5 and 6.
Deregulation and Contracting Out Act 1994 (c. 40)
18
In section 79(1) of the Deregulation and Contracting Out Act 1994 (interpretation of Part 2)( ) in the definition of “office-holder” omit from “or” where it first occurs to “Scotland” where it first occurs and substitute “, the Health Service Commissioner for England or for Wales or the Scottish Public Services Ombudsman”.
Data Protection Act 1998 (c. 29)
19
In paragraph (a) of section 31(4) of the Data Protection Act 1998 (regulatory activity)( )–
a
in subsection (ii)–
i
after “England” insert “or”; and
ii
omit “or the Commissioner for Local Administration in Scotland”;
b
in subsection (iii)–
i
after “England” insert “or”; and
ii
omit “or the Health Service Commissioner for Scotland”;
c
in subsection (v) omit “or”;
d
in subsection (vi) for “and” substitute “or”; and
e
after that paragraph insert “(vii) the Scottish Public Services Ombudsman, and”.
Government of Wales Act 1998 (c. 38)
20
In paragraph 27 of Schedule 9 to the Government of Wales Act 1998 (consultation and co-operation with other Ombudsmen)–
a
in sub-paragraph (1)–
i
in paragraph (b) omit “or”;
ii
after paragraph (c) insert
or
d
by the Scottish Public Services Ombudsman under the Scottish Public Services Ombudsman Act 2002,
;
iii
after “appropriate Commissioner” insert “or Scottish Public Services Ombudsman as the case may require”; and
iv
after “that Commissioner” insert “or the Scottish Public Services Ombudsman”; and
b
in sub-paragraph (2) after “Commissioner” insert “or the Scottish Public Services Ombudsman”.
ANNE C McGUIRE
Parliamentary Under Secretary of State,
Scotland Office, Department for Constitutional Affairs Dover House, London
13th July 2004


text:
Citation and commencement
1
1
This Order may be cited as the Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2004.
2
It comes into force on 1st September 2004 and has effect in relation to products that are charged to duty under the Oil Act on or after that date.
Interpretation
2
In this Order —
a
“fuel oil” has the same meaning as in section 11(2) of the Oil Act ;
b
“fuel substitutes duty” means the duty charged by section 6A(1) of the Oil Act ;
c
“hydrocarbon oil duty” means the duty charged by section 6(1) of the Oil Act ;
d
“kerosene” has the same meaning as in section 13AA(5) of the Oil Act ;
e
“Table A” means the table set out in article 3;
f
“Table B” means the table set out in article 4; and
g
expressions used in this Order and in section 27(1) (interpretation) of the Oil Act have the same meaning as in the Oil Act.
Adjustments of liability to duty on hydrocarbon oil and biodiesel
3
1
The following are adjusted in accordance with Table A —
a
the liability to hydrocarbon oil duty in respect of the products listed in rows (a) to (h) ;
b
the liability to the duty charged on biodiesel by section 6AA(1) of the Oil Act ,
by the deduction from the amount payable of the percentages specified in column (C) .
Table A
(A) (B) (C) (D) Product Amount payable before adjustment(pence per litre) Percentage deduction Amount payable after adjustment(pence per litre)
(a) Ultra low sulphur petrol 49.02 3.91 47.10 (b) Sulphur-free petrol 48.52 2.92 47.10 (c) Light oil that is leaded petrol 57.90 2.93 56.20 (d) Light oil that is unleaded petrol (other than ultra low sulphur petrol and sulphur-free petrol) 51.70 2.92 50.19 (e) Sulphur-free diesel 48.52 2.92 47.10 (f) Ultra low sulphur diesel 49.02 3.91 47.10 (g) Heavy oil (other than ultra low sulphur diesel and sulphur-free diesel) 54.87 2.94 53.27 (h) Aviation gasoline 28.95 2.94 28.10 (j) Biodiesel 28.52 4.98 27.10
2
The figures in columns (B) and (D) are only for ease of reference and comprehension of effect.
Adjustments of rights to rebate of duty on hydrocarbon oil
4
1
The following are adjusted in accordance with Table B —
a
the right to rebate allowed by section 11(1) (heavy oils not for road fuel use) of the Oil Act in respect of the products listed in rows (a) to (d) ;
b
the right to rebate allowed on kerosene by section 13AA(1) (kerosene not for road fuel use or heating) of the Oil Act ;
c
the right to rebate allowed on light oil by section 14(1) (light oil for use as furnace fuel) of the Oil Act ,
by the addition to the amount allowable of the percentage specified in column (C) .
Table B
(A) (B) (C) (D) Product Rebate allowable before adjustment(pence per litre) Percentage addition Rebate allowable after adjustment(pence per litre)
(a) Fuel oil 48.63 4.97 51.05 (b) Gas oil (other than ultra low sulphur diesel and sulphur-free diesel) 48.23 5.01 50.65 (c) Ultra low sulphur diesel 42.38 5.71 44.80 (d) Sulphur-free diesel 41.88 5.77 44.30 (e) Kerosene 48.23 5.01 50.65 (f) Light oil 51.66 4.68 54.08
2
The figures in columns (B) and (D) are only for ease of reference and comprehension of effect.
Adjustments of liability to fuel substitutes duty
5
1
This article applies where the rate of fuel substitutes duty for a product is prescribed by the Other Fuel Substitutes (Rates of Excise Duty etc.) Order 1995 by reference to the rate of hydrocarbon oil duty specified in the Oil Act for —
a
light oil other than ultra low sulphur petrol and sulphur-free petrol,
b
sulphur-free petrol,
c
sulphur-free diesel, or
d
aviation gasoline.
2
The liability to fuel substitutes duty in the case described by paragraph (1)(a) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (c) (light oil that is leaded petrol) of Table A.
3
The liability to fuel substitutes duty in the cases described by paragraph (1)(b) and (c) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (b) (sulphur-free petrol) of Table A.
4
The liability to fuel substitutes duty in the case described by paragraph (1)(d) is decreased by making the like adjustment as that made by article 3 in the case of the product specified in row (h) (aviation gasoline) of Table A.
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
4th August 2004