text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nursing and Midwifery Order 2001 (Transitional Provisions) Order of Council 2004 and shall come into force on 1st August 2004.
2
In this Order —
“ the Act ” means the Nurses, Midwives and Health Visitors Act 1997 ;
“case relating to conduct” means any case in which, under the Act, a person would be, or would have been, liable to have her name removed from the register because of misconduct;
“case relating to health” means any case in which, under the Act, a person would be, or would have been, liable to have her name removed from the register because her fitness to practise is seriously impaired by reason of her physical or mental condition;
“the Conduct Rules ” means the Rules scheduled to the Nurses, Midwives and Health Visitors (Professional Conduct) Rules 1993 Approval Order 1993 ;
“misconduct” means conduct unworthy of a registered nurse or midwife and includes obtaining registration by fraud;
“old register” means the register maintained under the Act or by the Nursing and Midwifery Council pursuant to paragraph 10 of Schedule 2 to the Order ;
“the Order” means the Nursing and Midwifery Order 2001; and
“respondent” means a person who is the subject of an allegation in a case relating to conduct or health.
3
For the purposes of this Order, the Act and relevant rules made under the Act (including the Conduct Rules) shall apply as they were in force on 31st March 2002, except that, where necessary, references in the Act or the rules to the United Kingdom Central Council for Nursing, Midwifery and Health Visiting (“ UKCC ”) are to be treated as references to the Council.
Cases relating to conduct
2
Subject to the following provisions of this Order, where an allegation of misconduct has been received by the Council before 1st August 2004, the Council shall deal with that allegation in accordance with section 10 of the Act and the Conduct Rules as if they remained in force.
Cases relating to health
3
Subject to the following provisions of this Order, where before 1st August 2004 the Council has received information about any practitioner which raises a question as to whether her fitness to practise is seriously impaired by reason of her physical or mental condition, the matter shall be dealt with in accordance with section 10 of the Act and the Conduct Rules as if they remained in force.
Modification of the Conduct Rules
4
Where, by virtue of this Order a case is dealt with in accordance with section 10 of the Act and the Conduct Rules, the Conduct Rules shall apply as if —
a
in rule 10, the words “or the President” and “or rule 14(2) respectively” were omitted;
b
rules 14(1) and (2) and 36(1) were omitted;
c
in rule 24(2), the words “or the President” were omitted;
d
in rule 34 —
i
in paragraph (4)(b), the words “or, in the case of referral by the President under rule 14(2), to the President who shall, subject to a determination pursuant to rule 14(1), refer the matter to the Conduct Committee”, and
ii
in paragraphs (1) and (3)(b), the references to the President,
were omitted;
e
in rule 38(1), after the words “in private” were added “unless the Committee is satisfied that the public interest or the interests of any third party outweigh the need to protect the privacy or confidentiality of the practitioner and require all or part of a hearing to be held in public”; and
f
in rule 44(a), the words “or, in the case of referral by the President, to the President who shall, subject to a determination pursuant to rule 14(1), refer the matter to the Conduct Committee” were omitted.
Appeals
5
Subject to the following provisions of this Order, where, in respect of an allegation which is received by the Council before 1st August 2004, a person is aggrieved by a decision made —
a
to remove her from the register;
b
to direct that her registration be suspended;
c
to remove or alter any entry in respect of her; or
d
pursuant to section 10(3) or (4) of the Act,
then notwithstanding the repeal of section 12 of the Act the person may appeal under that section and the appeal shall be dealt with in accordance with that section as if it remained in force.
Postponing judgments
6
Where a committee deals with a case relating to conduct or health in accordance with the section 10 of Act and the Conduct Rules —
a
it may not from 1st August 2004 postpone, or further postpone, judgment pursuant to rule 18(4), 20(1)(f), 43(c) or 51 of the Conduct Rules, and rules 18(5), (6), (7) and (8)(b), 20, 26(3), 45, 48(2), 50 and 51 of the Conduct Rules shall cease to apply on that date in so far as they relate to postponement of judgment; and
b
if, but for paragraph (a), a committee would have postponed judgment, it shall, having invited the parties to address it on any relevant matter, act in accordance with article 29(4) or (5) of the Order, and —
i
thereafter Part V and article 38 of the Order will apply to the decision or order of the committee as if it were a decision or order of a Committee under article 29(4) or (5) of the Order,
ii
for these purposes, Part V and article 38 of the Order shall apply as if references to a Practice Committee (however made), except in article 38(3)(d) of the Order, were references to the committee dealing with the case, and
iii
for these purposes, article 38(3)(d) of the Order shall apply as if for the words “Practice Committee concerned” there were substituted “such Practice Committee as the court or sheriff considers appropriate”.
Judgments which immediately before 1st August 2004 stand postponed
7
1
Where, as regards a case relating to health or conduct, immediately before 1st August 2004 a judgment of the committee dealing with the case stands postponed, or further postponed, pursuant to rule 18(4), 20(1)(f), 43(c) or 51 of the Conduct Rules, the Council shall no later than 1st August 2005 or six weeks before the date fixed for resumption of the proceedings, whichever is sooner, send to the respondent a notice which shall —
a
specify the day, time and place at which the proceedings are to be resumed, and which committee is to deal with the case, and invite her to appear at the hearing;
b
unless the Chairman otherwise directs, invite the respondent —
i
to furnish the Registrar with names and addresses of persons to whom reference may be made, confidentially or otherwise, concerning her employment, character, conduct or health since the decision to postpone or further postpone judgment was made,
ii
in a case relating to health, to submit to medical examination by a registered medical practitioner nominated by the Council; and
c
invite the respondent to send to the Council, not less than three weeks before the date fixed for the resumption of proceedings, a statement or statutory declaration, whether made by the respondent or not —
i
relating to her conduct or other relevant matters since the decision to postpone or further postpone judgment was made, and
ii
setting out any material facts which have arisen since that decision was made.
2
In a case relating to conduct, a copy of —
a
the notice sent by the Council in accordance with paragraph (1); and
b
any statement or statutory declaration sent to the Council by the respondent as a result of the invitation issued pursuant to paragraph (1)(c),
shall be sent to the person making the allegation that led to the case if any, and she may in turn, if she so desires, send to the Council a statement or statutory declaration, whether made by herself or not, concerning any matter raised by the respondent.
3
At the hearing of the committee at which the proceedings are resumed, the Chairman shall first invite the Council’s officer or the Solicitor to recall, for the information of the committee, the position in which the case stands, and the committee —
a
may then receive further oral or documentary evidence in relation to the case, or to the conduct or health of the respondent since the decision to postpone or further postpone judgment was made; and
b
shall hear any party to the proceedings who desires to be heard or her or its representative.
4
The committee shall then consider the case and —
a
may not further postpone judgment pursuant to rule 20(1)(f), 43(c) or 51 of the Conduct Rules; and
b
if, but for sub-paragraph (a), the committee would have further postponed judgment, it shall act in accordance with article 29(4) or (5) of the Order, and —
i
thereafter Part V and article 38 of the Order will apply to the decision or order of the committee as if it were a decision or order of a Committee under article 29(4) or (5) of the Order,
ii
for these purposes, Part V and article 38 of the Order shall apply as if references to a Practice Committee (however made), except in article 38(3)(d) of the Order, were references to the committee dealing with the case, and
iii
for these purposes, article 38(3)(d) of the Order shall apply as if for the words “Practice Committee concerned” there were substituted “such Practice Committee as the court or sheriff considers appropriate”.
5
Subject to the provisions of the Order, the validity of any resumed proceedings shall not be called into question by reason only that members of the Committee who were present at any former hearing are not present at the hearing of the committee at which the proceedings are resumed.
6
In this article —
“Chairman” means the person selected by the committee dealing with the case to preside at the resumed proceedings;
“Solicitor” means any solicitor appointed by the Council to present the case against the respondent; and
“party” means the respondent or the Council.
Restoration to the register: applications made on or after 1st August 2004 in respect of old cases
8
1
This article applies where a person whose name has been removed from the old register or, pursuant to this Order, from the register —
a
in a case that was a case relating to conduct, in the circumstances described in rule 2(1)(a) of the Conduct Rules; or
b
in a case that was a case relating to health, in the circumstances described in rule 2(1)(b) of the Conduct Rules,
applies on or after 1st August 2004 to be included in the register.
2
The application referred to in paragraph (1) shall —
a
in cases where the applicant was removed from the old register, be construed, where necessary, as an application to be registered in the part of the register which is listed in column 2 of Schedule 2 to the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 opposite the part of the old register set out in column 1 of that Schedule in which she was registered immediately before being removed from the old register;
b
be made to the Council and referred by it to the Practice Committee it considers appropriate; and
c
subject to paragraph (3), be otherwise dealt with in accordance with article 33 of the Order as if the applicant had been struck off the register by virtue of an order made by a Practice Committee or the court and as if the application were an application referred to in paragraph (1) of that article.
3
Paragraph (2)(a) of article 33 of the Order shall not apply in relation to an application referred to in paragraph (1) above if it is the first application made on or after 1st August 2004 in respect of the removal from the register to which it relates.
Restoration to the register: applications made before 1st August 2004
9
1
This article applies where a person whose name has been removed from the old register —
a
in a case that was a case relating to conduct, in the circumstances described in rule 2(1)(a) of the Conduct Rules; or
b
in a case that was a case relating to health, in the circumstances described in rule 2(1)(b) of the Conduct Rules,
has applied before 1st August 2004 to be restored to the register or any part of it pursuant to section 10 of the Act and rule 22 or 49 of the Conduct Rules but at 1st August 2004 a decision has not been made on the application.
2
Subject to paragraph (4), the Council shall continue to deal with the application referred to in paragraph (1), and a decision shall be made on it —
a
in accordance with the Conduct Rules as if they were still in force; or
b
in such manner as the Council considers just.
3
The application shall be construed, where necessary, as an application to be registered in the part of the register which is listed in column 2 of Schedule 2 to the Nurses and Midwives (Parts of and Entries in the Register) Order of Council 2004 opposite the part of the old register set out in column 1 of that Schedule in which she was registered immediately before being removed from the old register.
4
A committee dealing with the application may not make restoration to the register subject to limitations imposed pursuant to rule 22(11) or 49(10) of the Conduct Rules but may —
a
make the granting of an application for restoration subject to the applicant satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) of the Order and which apply to her; and
b
on granting an application for restoration, make a conditions of practice order under article 33(7)(b) of the Order in respect of her.
5
The provisions of articles 29 and 30 of the Order shall have effect in relation to a conditions of practice order made pursuant to paragraph (4)(b) as they have effect in relation to any other conditions of practice order made under article 33(7)(b) of the Order.
6
If the application for restoration referred to in paragraph (1) is refused article 33(9) to (11) of the Order shall apply to any subsequent application for restoration as if the applicant had been struck off the register by virtue of an order made by a Practice Committee or the court and as if the application were an application referred to in paragraph (1) of that article.
Termination of suspension: applications made on or after 1st August 2004 in respect of old cases
10
1
This article applies to a case relating to health where a person, whose registration in the old register has been suspended in the circumstances described in rule 3(1)(a) of the conduct rules in pursuance of a direction under rule 46 of those Rules, applies on or after 1st August 2004 for that suspension to be terminated.
2
The application referred to in paragraph (1) shall —
a
be made to the Council and referred by it to the Practice Committee it considers appropriate; and
b
be dealt with in accordance with article 30 of the Order, in so far as appropriate treating the direction as a suspension order made under article 29(5)(b) of the Order, and the Committee may take any of the steps referred to in article 30(4) (and in so doing may make any suspension order it considers just).
Termination of suspension: applications made before 1st August 2004
11
1
This article applies to a case relating to health where a person, whose registration in the old register has been suspended in the circumstances described in rule 3(1)(a) of the Conduct Rules in pursuance of a direction under rule 46 of those Rules, has applied before 1st August 2004 for that suspension to be terminated but as at 1st August 2004 a decision has not yet been made on the application.
2
Subject to paragraph (3), the Council shall continue to deal with the application referred to in paragraph (1), and a decision shall be made on it —
a
in accordance with the Conduct Rules as if they were still in force; or
b
in such manner as the Council considers just.
3
A committee dealing with an application for termination of suspension may not make termination of the suspension subject to limitations pursuant to rule 49(10) of the Conduct Rules but may —
a
make the granting of an application subject to the applicant satisfying such requirements as to additional education or training and experience as the Council has specified under article 19(3) of the Order and which apply to her; and
b
on granting an application, make a conditions of practice order and —
i
the provisions of article 29 of the Order shall have effect in relation to a conditions of practice order made under this sub-paragraph as they have effect in relation to a conditions of practice order made under that article, and
ii
article 30 of the Order shall have effect as if the order made under this sub-paragraph were an order made under article 29 of the Order.
Termination of interim suspension
12
In respect of any direction of interim suspension made on or after 1st August 2004, rule 59 of the Conduct Rules shall apply as if —
a
in paragraph (2)(b)(i) the words “postponement of judgment,” were omitted; and
b
paragraph (2)(c)(ii) were omitted.
Reconsideration of cases after an appeal to the court
13
Where, as a result of this Order or paragraph 17 of Schedule 2 to the Order, a case has been disposed of in accordance with the Act or relevant rules made under the Act, any further consideration of that case as a consequence of a decision of a court on an appeal, shall, subject to any order of the court, be dealt with as if the case had been disposed of under the corresponding provisions of the Order.
Local supervision of midwifery practice
14
1
Subject to paragraph (2), any notice given or person appointed pursuant to rules made under section 14 or 15 of the Act shall be regarded as validly given or appointed for the purposes of the Order, until the expiry of the notice or the termination of the appointment.
2
From 1st August 2006, paragraph (1) shall not apply in respect of the appointment of a local supervising authority midwifery officer, if that officer does not meet the criteria for appointment as a local supervising authority midwifery officer set out in rule 13(2) of the Nursing and Midwifery Council (Midwives) Rules 2004 .
A. K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Title commencement and interpretation
1
1
This Order may be cited as the Anglian Regional Flood Defence Committee (Abolition) Order 2004 and shall come into force on 1 st April 2005.
2
In this Order —
“the Essex Local Land Drainage District”, “the Great Ouse Local Land Drainage District”, “the Lincolnshire Local Land Drainage District”, “the Norfolk and Suffolk Local Land Drainage District” and “the Welland and Nene Local Land Drainage District” mean the respective local land drainage districts established by the Scheme and subsisting immediately before the coming into force of this Order;
“the Scheme” means the Anglia Water Authority Local Land Drainage Scheme 1974, approved on 21st March 1974 by the Minister of Agriculture, Fisheries and Food acting under paragraph 4(4) of Schedule 5 to the Water Act 1973 , and as varied by —
the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1996, approved on 30th December 1996 by the said Minister acting under s.17(8) of the Environment Act 1995 ;
the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1997 approved on 23rd December 1997 by the said Minister under the said section; and
the Environment Agency Anglian Regional Flood Defence Committee Local Flood Defence (Amendment) Scheme 1998 approved on 22nd December 1998 by the said Minister under the said section.
Abolition of regional flood defence committee and revocation of local flood defence scheme
2
The Anglian Regional Flood Defence Committee, being a regional flood defence committee established by section 14 of the Environment Act 1995 , is abolished and the Scheme is revoked.
New regional flood defence committees
3
The following three new regional flood defence committees are hereby established —
a
the Anglian (Central) Regional Flood Defence Committee, whose area shall comprise the area of the Great Ouse Local Land Drainage District; `
b
the Anglian (Eastern) Regional Flood Defence Committee, whose area shall comprise the areas of the Essex Local Land Drainage District and the Norfolk and Suffolk Local Land Drainage District; and
c
the Anglian (Northern) Regional Flood Defence Committee, whose area shall comprise the areas of the Lincolnshire Local Land Drainage District and the Welland and Nene Local Land Drainage District.
The Anglian (Central) Regional Flood Defence Committee
4
The Anglian (Central) Regional Flood Defence Committee shall consist of fifteen members to be appointed as follows –
a
the Chairman and four other members appointed by the Secretary of State;
b
two members appointed by the Environment Agency;
c
eight members appointed by the councils specified in column (1) of Schedule 1 in accordance with the provisions of article 7 of this Order .
The Anglian (Eastern) Regional Flood Defence Committee
5
The Anglian (Eastern) Regional Flood Defence Committee shall consist of seventeen members to be appointed as follows: –
a
the Chairman and five other members appointed by the Secretary of State;
b
two members appointed by the Environment Agency;
c
nine members appointed by the councils specified in column (1) of Schedule 2 in accordance with the provisions of article 7 of this Order .
The Anglian (Northern) Regional Flood Defence Committee
6
The Anglian (Northern) Regional Flood Defence Committee shall consist of seventeen members to be appointed as follows: –
a
the Chairman and five other members appointed by the Secretary of State;
b
two members appointed by the Environment Agency;
c
nine members appointed by the councils specified in column (1) of Schedule 3 in accordance with the provisions of article 7 of this Order .
Appointment of members by constituent councils
7
1
In relation to the regional flood defence committees specified in article 3, the number of members to be appointed to the committee in question by the council or councils of any county specified in column (1) of any Schedule to this Order shall be the number specified in the corresponding entry in column (2) of that Schedule.
2
Where more than one county or metropolitan district is specified in any entry in column (1) of any Schedule to this Order, any appointment made to the committee in relation to that entry by the councils for those counties and metropolitan districts shall be made jointly.
Saving
8
Articles 4 to 7 shall have effect subject to section 16 of the Environment Act 1995 (change of composition of regional flood defence committee)
Revocation
9
The Anglian Regional Flood Defence Committee Order 1998 is revoked.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
30th November 2004


text:
1
This Order may be cited as the Terrorism Act 2000 (Continuance of Part VII) Order 2004 and shall come into force on 19th February 2004.
2
1
Subject to paragraph (2), the provisions of Part VII of the Terrorism Act 2000 which are in force on 18th February 2004 shall continue in force for the period beginning with 19th February 2004 and ending with 18th February 2005.
2
Section 97(3) of the Terrorism Act 2000 shall cease to have effect.
Paul Murphy
Minister of State
Northern Ireland Office
14th February 2004


text:
Citation and extent
1
1
These Regulations may be cited as the Sexual Offences Act 2003 (Travel Notification Requirements) Regulations 2004.
2
These Regulations do not extend to Scotland.
Interpretation
2
In these Regulations:
a
a reference to a numbered section is to the section of that number in the Sexual Offences Act 2003, and
b
a reference to the “2001 Regulations” is to the Sex Offenders (Notice Requirements) (Foreign Travel) Regulations 2001 .
Commencement, revocation and transitional provision
3
1
Subject to paragraph (2), these Regulations shall come into force on 1st May 2004.
2
A relevant offender who intends to leave the United Kingdom for a period of less than eight days is not required to give a notification pursuant to regulation 5(1) if his intended date of departure is on or before 9th May 2004.
3
Subject to paragraphs (4) and (5), the 2001 Regulations are hereby revoked.
4
Where a relevant offender has given notice in accordance with section 2(6E) of the Sex Offenders Act 1997 before the coming into force of these Regulations, the requirements of the 2001 Regulations shall apply to the departure and return so notified as if these Regulations had not been made.
5
Where a relevant offender subject to the notice requirements of the 2001 Regulations whose intended date of departure is on or before 9th May 2004 has not given notice in accordance with section 2(6E) of the Sex Offenders Act 1997 before the coming into force of these Regulations, the requirements of the 2001 Regulations shall apply to the departure and return as if these Regulations had not been made.
Determination of point of arrival
4
1
For the purposes of section 86(2)(b) and of these Regulations, a relevant offender’s point of arrival in a country is to be determined in accordance with this regulation.
2
In a case in which a relevant offender will arrive in a country by rail, sea or air, his point of arrival is the station, port or airport at which he will first disembark.
3
In a case in which a relevant offender will arrive in a country by any means other than those mentioned in paragraph (2) above, his point of arrival is the place at which he will first enter the country.
Notification to be given before leaving the United Kingdom
5
1
A relevant offender who intends to leave the United Kingdom for a period of three days or longer must give a notification under section 86(2) in accordance with these Regulations.
2
Where a relevant offender to whom these Regulations apply knows the information required to be disclosed by section 86(2)(a) and (b) more than seven days before the date of his intended departure, he shall give a notification which sets out that information and as much of the information required by regulation 6 as he holds —
a
not less than seven days before that date (the seven day notification requirement); or
b
as soon as reasonably practicable but not less than 24 hours before that date, if and only if the relevant offender has a reasonable excuse for not complying with the seven day notification requirement.
3
Where the relevant offender does not know the information required to be disclosed by section 86(2)(a) and (b) more than seven days before the date of his intended departure, he shall give not less than 24 hours before that date, a notification which sets out that information and as much of the information required by regulation 6 as he holds.
Information to be disclosed in a notification under section 86(2)
6
In addition to the information required by section 86(2)(a) and (b) , a relevant offender to whom these Regulations apply must disclose, where he holds such information —
a
where he intends to travel to more than one country outside the United Kingdom, his intended point of arrival in each such additional country,
b
the identity of any carrier or carriers he intends to use for the purposes of his departure from and return to the United Kingdom, and of travelling to any other point of arrival,
c
details of his accommodation arrangements for his first night outside the United Kingdom,
d
in a case in which he intends to return to the United Kingdom on a particular date, that date, and
e
in a case in which he intends to return to the United Kingdom at a particular point of arrival, that point of arrival.
Change to information disclosed in a notification under section 86(2)
7
1
Where —
a
a relevant offender has given a notification under section 86(2), and
b
at any time prior to his intended departure from the United Kingdom, the information disclosed in that notification becomes inaccurate or incomplete as a statement of all the information mentioned in section 86(2)(a) and (b) and regulation 6 which he currently holds,
he must give a further notification under section 86(2) .
2
A further notification under paragraph (1) above must be given not less than 24 hours before the relevant offender’s intended departure from the United Kingdom.
Notification to be given on return to the United Kingdom
8
1
This regulation applies to a relevant offender who —
a
is required to give a notification under section 86(2) ,
b
has left the United Kingdom, and
c
subsequently returns to the United Kingdom.
2
Except as provided by paragraph (3) below, every relevant offender to whom this regulation applies must give a notification under section 86(3) within three days of his return to the United Kingdom.
3
A relevant offender to whom this regulation applies need not give a notification under section 86(3) in any case in which he gave a relevant notification under 86(2) which —
a
disclosed a date under the provisions of regulation 6(d) above, and
b
disclosed a point of arrival under the provisions of regulation 6(e) above,
provided his return to the United Kingdom was on that date and at that point of arrival.
Information to be disclosed in a notification under section 86(3)
9
A notification under section 86(3) must disclose the date of the relevant offender’s return to the United Kingdom and his point of arrival in the United Kingdom.
Giving a notification
10
1
Subject to paragraph (2) below, for the purpose of giving a notification under section 86(2) or 86(3), a relevant offender must attend at a police station —
a
which is in his local police area within the meaning of section 88(3), and
b
at which, pursuant to the provisions of section 87, notifications under section 83, 84 or 85 may be made.
2
For the purpose of giving a notification under section 86(2) as required by regulation 5(3) or 7 above, a relevant offender must attend at a police station prescribed under section 87, but such a police station need not be in his local police area.
3
A notification under section 86(2) or 86(3) must be given to a police officer, or to a person authorised by the officer in charge of the station under section 87(1)(b) for the purpose of receiving a notification under that section.
4
A relevant offender giving a notification under section 86(2) or 86(3) must inform the person to whom he gives the notice of —
a
his name and other names he is using,
b
his home address, and
c
his date of birth,
as currently notified under Part 2 of the Act.
5
A relevant offender giving a further notification under section 86(2) as required by regulation 7 above must inform the person to whom he gives the notification of the police station at which he first gave a notification in respect of the journey in question under section 86(2) .
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
27th April 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Railways and Transport Safety Act 2003 (Commencement No. 2) 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 29th March 2004 —
a
section 83 (specimens, &c.), section 96 (specimens, &c.) and section 107 (road traffic: testing for drink and drugs) for the purposes of bringing into force that part of paragraph 1 of Schedule 7 (road traffic: testing for drink and drugs) for the purposes described in paragraph (b) of this article; and
b
the part of paragraph 1 of Schedule 7 (road traffic: testing for drink and drugs) relating to section 6A(1) of the Road Traffic Act 1988 for the purpose of enabling the Secretary of State to approve a device for indicating whether the proportion of alcohol in a person’s breath or blood is likely to exceed the limits prescribed in sections 81(1) and 93(2) and (3) of the 2003 Act.
3
The following provisions of the 2003 Act shall come into force on 30th March 2004 —
a
section 78 (professional staff on duty);
b
section 79 (professional staff off duty);
c
sub-sections (4) and (5) of section 80 (non-professionals);
d
section 81 (prescribed limit);
e
section 82 (penalty);
f
section 83 (specimens, &c.) in so far as it does not come into force on 29th March 2004 pursuant to article 2;
g
section 84 (detention pending arrival of police);
h
section 85 (arrest without warrant);
i
section 86 (right of entry);
j
section 87 (consequential repeal);
k
section 88 (orders and regulations);
l
section 89 (interpretation);
m
section 90 (Crown application, &c.);
n
section 91 (territorial application);
o
section 92 (being unfit for duty);
p
section 93 (prescribed limit);
q
section 94 (aviation functions);
r
section 95 (penalty);
s
section 96 (specimens, &c.) in so far as it does not come into force on 29th March 2004 pursuant to article 2;
t
section 97 (arrest without warrant);
u
section 98 (right of entry);
v
section 99 (regulations);
w
section 100 (Crown application);
x
section 101 (military application);
y
section 102 (territorial application);
z
section 103 (Convention on International Carriage by Rail);
aa
section 106 (railway security services);
bb
section 107 (road traffic: testing for drink and drugs) in so far as it does not come into force on 29th March 2004 pursuant to article 2;
cc
section 109 (road traffic: fixed penalty);
dd
section 113 (maritime security services);
ee
section 117 (interpretation: enactment);
ff
section 118 (repeals) so far as it relates to the provisions of Schedule 8 brought into force by paragraph (jj)
gg
section 119 (money);
hh
Schedule 6 (Convention on International Carriage by Rail);
ii
Schedule 7 (Road traffic: testing for drink and drugs) in so far at it does not come into force on 29th March 2004 pursuant to article 2; and
jj
Schedule 8 (repeals) so far as it relates to section 11(2) of the Road Traffic Act 1988, section 76(2)(a) of the Road Traffic Offenders Act 1988 and section 117 of the Merchant Shipping Act 1995 .
4
The following provisions of the 2003 Act shall come into force on 5th July 2004 —
a
section 15 (establishment);
b
section 16 (transfer of functions);
c
section 17 (extent);
d
section 116 (Schedules 1 and 4: sequestration, &c. in Scotland) for the purposes relating to a person becoming liable to dismissal under paragraph 2 (d) of Schedule 1;
e
section 118 (repeals) so far as it relates to the provisions of Schedule 8 brought into force by paragraph (i);
f
Schedule 1 (Office of Rail Regulation);
g
Schedule 2 (abolition of Rail Regulator: consequential amendments);
h
Schedule 3 (abolition of Rail Regulator: savings, &c.); and
i
Schedule 8 (repeals), so far as it relates to the House of Commons Disqualification Act 1975 , sections 15(4A), 15C(3), 21(5), 57B, 74(8), 151(1) of, and Schedule 1 to, the Railways Act 1993 and section 251(2) of, and paragraph 45 of Schedule 27 to, the Transport Act 2000 .
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department of Transport
18th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Oldham (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 Saddleworth 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 Oldham;
“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 Oldham (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Oldham 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 Oldham
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty 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 Oldham
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 Saddleworth
5
1
The existing wards of the parish of Saddleworth shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Delph, Dobcross, Greenfield, Springhead Higher, Springhead Lower and Uppermill; and the wards shall comprise the areas designated on sheets 1, 3, 4 and 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Greenfield and Springhead Lower parish wards shall be five, for each of the Delph and Dobcross parish wards shall be three, and for each of the Springhead Higher and Uppermill parish wards shall be two.
Maps
6
Oldham Borough Council shall make a print of the map marked “Map referred to in the Borough of Oldham (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 Oldham (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(10).
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 and commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Supply of Information) Amendment Regulations 2004 and shall come into force on 5th April 2004 immediately following the coming into force of the Housing Benefit and Council Tax Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit)) Amendment Regulations 2004 .
Amendment of the Council Tax Benefit (General) Regulations 1992
2
In the Council Tax Benefit (General) Regulations 1992 (information to be supplied by an authority to another authority) after regulation 95 insert the following regulation —
Supply of information: extended payments (severe disablement allowance and incapacity benefit)
96
1
For the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority) the circumstances in which information is to be supplied are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
2
The circumstances prescribed in this paragraph are, where —
a
there is a mover who is or was allowed council tax benefit by appropriate authority “A”;
b
who is liable to pay council tax in respect of his second dwelling to authority “B”; and
c
either —
i
the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority A; or
ii
the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority B, who then requests the information described in paragraph (3) from authority A,
authority A shall supply to authority B that information.
3
The information to be supplied is —
a
in a case where that extended payment (severe disablement allowance and incapacity benefit) was claimed from authority A, details relevant to that claim of —
i
the matters set out in regulation 56B or regulation 53ZB(1)(b)(i) to (iii) , as the case may be; and
ii
the matters notified pursuant to regulation 53ZB(1)(a)(ii) or (b)(iv), as the case may be; and
iii
the date it was so claimed; and
b
in any case —
i
the weekly rate of council tax benefit allowed to the mover by authority A;
ii
if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 51(1) and 52 , the amount of those deductions;
iii
if any addition was being made to any amount payable in respect of council tax to recover recoverable excess benefit pursuant to regulation 87(2)(b) , the amount of those additions;
iv
the date on which his entitlement to council tax benefit ceased;
v
if an extended payment (severe disablement allowance and incapacity benefit) was allowed to the mover, the amount and date of any such payment; and
vi
if no extended payment (severe disablement allowance and incapacity benefit) was allowed, why none was allowed.
4
In this regulation “mover” and “second dwelling” shall have the meanings assigned to them in paragraph 7 of Schedule 5B .
.
Amendment of the Housing Benefit (Supply of Information) Regulations 1998
3
In the Housing Benefit (Supply of Information) Regulations 1998 (information to be supplied by an authority to another authority) after regulation 5 insert the following regulation —
Supply of information: extended payments (severe disablement allowance or incapacity benefit)
6
1
For the purposes of section 122E(3) of the Social Security Administration Act 1992 (duty of an authority to supply information to another authority) the circumstances in which information is to be supplied are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
2
The circumstances prescribed in this paragraph are, where —
a
there is a mover who is or was in receipt of housing benefit from a local authority “A”;
b
either his second dwelling is within the area of another local authority “B” or he is liable or treated as liable to make payments in respect of his second dwelling to housing authority B; and
c
either —
i
the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority A; or
ii
the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority B, who then requests the information described in paragraph (3) from authority A,
authority A shall supply to authority B that information.
3
The information to be supplied is —
a
in a case where that extended payment (severe disablement allowance and incapacity benefit) was claimed from authority A, details relevant to that claim of —
i
the matters set out in regulation 65B or regulation 62ZB(1)(b)(i) to (iii) of the Housing Benefit Regulations, as the case may be; and
ii
the matters notified pursuant to regulation 62ZB(1)(a)(ii) or (b)(iv) of the Housing Benefit Regulations, as the case may be; and
iii
the date it was so claimed; and
b
in any case —
i
the weekly rate of housing benefit awarded to the mover by authority A;
ii
if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 61(1) and 63 of the Housing Benefit Regulations, the amount of those deductions;
iii
if any deduction was being made from that benefit in respect of a recoverable overpayment pursuant to regulation 102 of the Housing Benefit Regulations, the amount of those deductions;
iv
the date on which his entitlement to housing benefit ceased;
v
if an extended payment (severe disablement allowance and incapacity benefit) was made to the mover, the amount and date of any such payment; and
vi
if no extended payment (severe disablement allowance and incapacity benefit) was made, why none was made.
4
In this regulation “extended payment (severe disablement allowance and incapacity benefit)” has the meaning assigned to it by regulation 2(1) of the Housing Benefit Regulations and “mover” and “second dwelling” shall have the meanings assigned to them in paragraph 10 of Schedule 5B to those Regulations.
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd March 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Police Federation (Amendment) Regulations 2004 and shall come into force on 5th November 2004.
2
These Regulations extend to England and Wales.
Amendment of the Police Federation Regulations 1969
2
The Police Federation Regulations 1969 are amended in accordance with the following regulations.
3
Omit regulation 2(1) (meaning of “division”).
4
In regulation 5(1) (proceedings of branches) omit the words “division or”.
5
For regulation 6 (branch boards) substitute the following regulations–
Branch boards: elections
6
1
In each branch of the Federation there shall be constituted, in accordance with this regulation, an inspectors', a sergeants' and a constables' branch board.
2
Subject to paragraphs (3) and (10), the persons holding the rank of inspector, sergeant or, as the case may be, constable in any police force shall elect from among their number–
a
nine members to the appropriate branch board, and
b
where that police force consists of more than 2000 officers, one additional member to the appropriate branch board for every additional 500 officers (or part thereof) in that force.
3
In the case of any force other than the metropolitan police force, additional members may be elected to a branch board in accordance with rules made by the joint branch board with the approval of the chief officer.
4
Subject to paragraph (5), for the purposes of elections under this regulation (other than the reserved women’s seat) in any force, each member of a branch board shall be elected in respect of an electoral constituency, and the area or other defining characteristic of each electoral constituency shall be as determined in rules made by–
a
in the case of the metropolitan police force, the Joint Executive Committee with the approval of the Commissioner of Police of the Metropolis, and
b
in any other case, the joint branch board with the approval of the chief officer.
5
The number of electoral constituencies shall be equal to the number of members to be elected to each branch board under paragraphs (2) and (3), and each member of a board shall represent one constituency only.
6
A person may vote and stand as candidate–
a
where an electoral constituency is defined by reference to a geographical area, only in the constituency in which his usual place of duty is situated;
b
where an electoral constituency is defined by reference to a specialist branch, only if he belongs to that specialist branch;
and no person may vote or stand as a candidate in more than one constituency.
7
For the purposes of paragraph (2), the number of officers in a force shall be determined as the total number of officers in that force on 31 December in the year preceding the year in which the election is held.
8
Any rules made under paragraph (3) and the electoral constituencies to be determined under paragraph (4) shall–
a
be determined within six months of the coming into force of the Police Federation (Amendment) Regulations 2004; and
b
in respect of any election, be amended not later than six months prior to the holding of that election.
9
In a case where approval as to the determination of the electoral constituencies under paragraph (4)(a) or (b) is not obtained, the Joint Executive Committee or, as the case may be, joint branch board may refer the matter to the Secretary of State for final determination.
10
In the case of the metropolitan police force, the Joint Executive Committee, may with the approval of the Commissioner of Police for the Metropolis and provided that the requirements of paragraph (11) are met, make rules determining–
a
the timing of elections;
b
the number of representatives on the inspectors', sergeants' or constables' branch board (in addition to the reserved women’s seat), which number may be greater or lesser than that determined under paragraph (2);
and in such a case paragraphs (2) to (9) shall not apply in relation to the metropolitan police force for so long as the rules remain in force.
11
Any rules made under paragraph (10) shall–
a
provide that the first elections to be held under that agreement shall take place in the same year as elections would be required to be held under paragraph (15) and in every third year thereafter;
b
be capable of being terminated by either the Joint Executive Committee or the Commissioner of Police for the Metropolis giving to the other not less than twelve months' notice;
c
make provision for the election of members pursuant to paragraphs (12) and (13).
12
The members holding the rank of inspector, sergeant or, as the case may be, constable in a police force shall elect one member of the appropriate branch board from among the women holding those ranks in the force, except any who have sought election under paragraph (2), (3) or (10).
13
The police cadets undergoing training with a view to becoming members of a police force may elect, from among their number, one member of the constables' branch board; but, where they do not so elect a member, they shall designate to represent their interests a member of the constables' branch board elected in accordance with the preceding provisions of this regulation.
14
Schedule 3 shall have effect in relation to a branch board, so however that in any election thereto–
a
if only one person is qualified to take part therein, that person shall be deemed to be elected;
b
if only two persons are qualified to take part therein, subject to any agreement to the contrary between them, the senior of those two shall be deemed to be elected.
15
Elections for the purposes of this regulation shall be held at any time in 2004 and in every third year thereafter.
16
In any branch of the Federation the elections which are required to be held by this regulation shall be held on the same day.
Branch boards: membership
6A
1
A person becoming a member of a branch board shall, subject to any rules made under paragraph 5(1)(b) of Schedule 3, become such on the first day of the month following that in which elections are held under this regulation and, subject to paragraph (3), shall remain a member until the end of the month in which the next following elections are held under this regulation.
2
A person who was a member of a branch board immediately before 31st December 2003 shall, subject to paragraph (3), remain a member until the end of the month in which elections are first held after that date.
3
A person shall cease to be a member of an inspectors', sergeants' or constables' branch board if he is removed from office in accordance with Schedule 6, or if–
a
he ceases to hold the rank of inspector, sergeant or, as the case may be, constable;
b
he ceases to be a member of the police force or, in the case of a police cadet, ceases to undergo training with a view to becoming such a member; or
c
in the case of a person elected in accordance with regulation 6(2), he ceases to belong to the electoral constituency for which he was elected.
4
Where a member of a joint branch board (or, in the case of the metropolitan police force, the Joint Executive Committee) has been chosen as the secretary thereof he shall, by virtue of this paragraph and without prejudice to the filling of the casual vacancy, become an additional member of the appropriate branch board (or, in the case of the metropolitan police force, the Joint Executive Committee) and shall remain such until the end of the month in which elections are first held under this regulation following the date on which he ceases to hold that office.
5
Where a member of a branch board has been elected as a member of the inspectors', sergeants' or, as the case may be, constables' Central Committee he shall, by virtue of this paragraph and without prejudice to the filling of the casual vacancy, become an additional member of that board (or, in the case of the metropolitan police force, the executive committee of that board) and, subject to paragraph (3), shall remain such until he ceases to hold the office in question.
Metropolitan Police Force
6B
1
In the metropolitan police force there shall constituted, in accordance with this regulation, a Joint Executive Committee.
2
Each branch board of the metropolitan police force shall establish an executive committee consisting of the chairman, vice-chairman, secretary and deputy secretary of that board, and any member of the inspectors', sergeants' or, as the case may be, constables' Central Committee, the woman member elected to the reserve vacancy, and seven other members of that board.
3
The three executive committees of the branch boards shall sit together as the Joint Executive Committee.
6
For regulation 7(3) (proceedings of branch boards) substitute–
3
In each branch of the Federation except the metropolitan police force branch, the three branch boards shall sit together as a joint branch board to discuss matters of common interest.
7
In regulation 8 (liaison committees)–
a
for paragraph (1) substitute–
1
In each branch of the Federation there shall be constituted, by the constables' branch board and in accordance with this regulation, a liaison committee to represent the women members of the branch holding the rank of constable and consisting of a representative from each electoral constituency (as determined under regulation 6(4)) of the force to which such members belong elected by the members of the branch belonging to that electoral constituency.
;
b
for paragraph (8) substitute–
7
A person shall cease to be a member of a liaison committee if he is removed from office in accordance with Schedule 6.
8
In each workplace within each police force the persons holding the rank of constable and sergeant shall each elect from among their number a workplace representative.
9
Within the metropolitan police force there shall, with the approval of the Commissioner of Police of the Metropolis, be established by the constables' or, as the case may be, sergeants' branch board such liaison committees consisting of members elected as workplace representatives under paragraph (8) as appear to them be expedient, and paragraphs (4) to (7) shall apply to such a committee.
10
In this regulation, “workplace” means any premises at which 20 or more constables or, as the case may be, sergeants have their usual place of duty, and in relation to the metropolitan police, this definition may be modified by agreement of the Joint Executive Committee and the Commissioner of Police of the Metropolis.
11
For the purposes of an election under paragraph (8), in the case of a constable or sergeant at whose usual place of duty there are fewer than 20 persons of his rank, those premises shall be combined with the nearest workplace in that force.
12
Where more than 150 constables have their usual place of duty at a particular workplace, those constables may elect from among their number an additional workplace representative for every 150 constables (or part thereof) at that workplace.
8
In regulation 9 (central conferences)–
a
in paragraph (2) for the words “regulation 6(5)” substitute “regulation 6(12)”;
b
after paragraph (7) insert the following paragraphs–
8
Where a person has been elected as a member of the inspectors', sergeants' or, as the case may be, constables' central committee, he shall, by virtue of this paragraph and without prejudice to the filling of the casual vacancy, become an additional delegate to the central conference for his rank and, subject to paragraph (10), shall remain such until he ceases to hold the office in question.
9
A person who is a delegate by reason of paragraph (8) shall be entitled to address a conference but shall not be entitled to vote other than in an election of members of the central committee of his rank.
10
A person shall cease to be a delegate under paragraph (8) if he is removed from office in accordance with Schedule 6, or if–
a
he ceases to hold the rank of inspector, sergeant or, as the case may be, constable; or
b
he ceases to be a member of the police force or, in the case of a police cadet, ceases to undergo training with a view to becoming such a member.
9
For regulation 10(2) (proceedings of central conferences) substitute–
2
The three central conferences shall sit together for the purpose of discussing matters of common interest.
10
For regulation 12(2) (central committees) substitute–
2
A member elected under paragraph (1A)(a) or (b) must not, and the member elected under paragraph (1A)(c) must, be either a woman elected as a delegate under regulation 9(3) or be an additional delegate under regulation 9(8) having been elected as a member of the inspectors', sergeants' or, as the case may be, constables' central committee under paragraph (1A)(c).
11
In regulation 13 (proceedings of central committees)–
a
for paragraph (2) substitute–
2
The three central committees shall sit together to discuss matters of common interest.
;
b
in paragraph (5) for the words “, the joint central committee or a joint committee of any two central committees” substitute “or the joint central committee”;
c
in paragraph (6) for the words “, the joint central committee and a joint committee of any two central committees” substitute “and the joint central committee”.
12
In regulation 16(2) (subscriptions etc. ) after the words “branch boards” insert “(or, where there is no such branch board, in such manner as the joint central committee shall determine)”.
13
For regulation 18(3) (accounts) substitute–
3
The independent auditor shall be a person who is eligible under Part II of the Companies Act 1989 for appointment as a company auditor.
14
In regulation 20 (trustees of Federation property and funds)–
a
in paragraph (3)–
i
before the words “Where any Federation funds” insert “Subject to paragraph (5)”; and
ii
for the words “the Trustee Investments Act 1961” substitute “the Trustee Act 2000 ”; and
b
after paragraph (4) insert–
5
Federation property and funds held by the joint central committee may, at the direction of the joint central committee, be used by way of investment in the building of property, whether to provide office accommodation for the Federation or otherwise.
6
The joint central committee may, for any of the purposes authorised under these regulations or Federation Rules, establish a limited company and Federation property and funds held by the joint central committee may, at the direction of the joint central committee, be used to establish, administer and fund such a company.
15
In paragraph 1 of Schedule 2–
a
omit the words “division or”;
b
for the words “, the joint central committee and a joint committee of any two central committees” substitute “and the joint central committee”.
16
In paragraph 2 of Part I of Schedule 4–
a
in sub-paragraph (a) for the word “division” substitute “constituency”;
b
in sub-paragraph (b) for the words “delegates from the criminal investigation department” substitute “other delegates”.
17
For Schedule 6 substitute the Schedule to these Regulations.
Hazel Blears
Minister of State
Home Office
12th October 2004


text:
1
This Order may be cited as the Broadcasting and Communications (Isle of Man) (No.2) Order 2004 and shall come into force on 26th March 2004.
2
Article 1 of the Communications (Isle of Man) Order 2003 is hereby amended as follows —
a
in paragraph (4), after the words “(“the No.2 Order”)” insert “or the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004 (“the Amendment Order”) ”;
b
in paragraph (4)(a), after the words “the No.2 Order” insert “or the Amendment Order”;
c
in paragraph (4)(b), after the words “the No.2 Order” insert “or the Amendment Order”; and
d
in paragraph (4)(c), after the words “the No.2 Order” insert “or the Amendment Order”.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (School Performance Targets) (England) (Amendment) Regulations 2004 and shall come into force on 22nd December 2004.
2
These Regulations apply only in relation to schools in England.
Amendment of Regulations
2
The Education (School Performance Targets) (England) Regulations shall be amended in accordance with regulation 3.
3
At the end of regulation 4(2) insert the words “in connection with the performance of the relevant group of third key stage pupils in NC tests or teacher assessments to be administered at or near the end of the following school year”.
Stephen Twigg
Parliamentary Under Secretary of State
Department for Education & Skills
14th December 2004


text:
1
This Order may be cited as the A4097 Trunk Road (M42 Junction 9, Dunton Interchange to M6 Toll Slip Road, Warwickshire) Order 2004 and shall come into force on 20th August 2004.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
the centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/ TD /009, marked “The A4097 Trunk Road (M42 Junction 9, Dunton Interchange to M6 Toll Slip Road, Warwickshire) Order 2004” signed by authority of the Secretary of State for Transport and deposited at the ODPM - DfT, Records Management Branch, Floor 13 (IMD) Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA;
3
The length of the trunk road described in the Schedule to this Order shall become a trunk road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director
Highways Agency
Date 26th July 2004


text:
Citation
1
This Order may be cited as the Kirkdale St Lawrence CofE Primary School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Kirkdale St Lawrence CofE Primary School, Fonthill Road, Liverpool, Merseyside, L4 1QD, 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 Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
20th September 2004


text:
Citation, commencement and effect
1
This Order may be cited as the Insurance Companies (Corporation Tax Acts) Order 2004, shall come into force on 1st January 2005, and shall have effect in relation to periods of account beginning on or after 1st January 2005.
Amendment of Chapter 1 of Part 12 of the Income and Corporation Taxes Act 1988
2
Chapter 1 of Part 12 of the Income and Corporation Taxes Act 1988 is amended as follows.
3
1
Amend section 432E (section 432B: apportionment: participating funds) as follows.
2
At the end of subsection (1) add “but subject to section 432G”.
4
After section 432F insert —
Section 432B: apportionment of business transfer-in
432G
1
This section applies where an amount falls within section 83(2)(e) of the Finance Act 1989.
2
Where —
a
this section applies, and
b
it is necessary in accordance with section 83 to determine what part of a business transfer-in is referable to life assurance business or any category of life assurance business,
a business transfer-in shall be apportioned to the categories of business of the transferee in the proportions which the amount of the liabilities transferred for each of those categories bear to the whole of the liabilities transferred.
.
5
1
Amend section 444AC (transfers of business: modification of section 83(2) of the Finance Act 1989) as follows.
2
In subsections (2) and (3) —
a
for “line 15 figure” substitute “line 31 figure”; and
b
for “as other income” substitute “as a business transfer-in”.
3
In subsection (2) for “83(2)(d)” substitute “83(2)(e)”.
6
1
Amend section 444AD (transfers of business: modification of section 83(2B) of the Finance Act 1989) as follows.
2
In subsection (4)(b) for “line 15 figure” substitute “line 31 figure”.
Amendment of the Finance Act 1989
7
The Finance Act 1989 is amended as follows.
8
1
Amend section 83 (receipts to be taken into account in computing profits of a life assurance company chargeable to Case I of Schedule D) as follows.
2
In subsection (2) —
a
at the end of paragraph (c) omit “or”;
b
at the end of paragraph (d) add —
; or
e
business transfers-in.
.
3
In subsection (2A) for “paragraphs (a) to (d)” substitute “paragraphs (a) to (e)”.
4
In subsection (2B) after “total expenditure” insert “, or as a business transfer-out, ”.
9
1
Amend section 83ZA (contingent loans) as follows.
2
In subsections (10)(b) and (12) for “line 15 figure” substitute “line 31 figure”.
3
In subsection (12) for “as other income” substitute “as business transfers-in”.
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Citation
1
This Order may be cited as the Youth Justice and Criminal Evidence Act 1999 (Commencement No.9) Order 2004.
Appointed day
2
The day appointed for the coming into force of section 29 of the Youth Justice and Criminal Evidence Act 1999 (examination of witnesses through intermediary) is 23rd February 2004.
Scotland of Asthal
Minister of State
Home Office
5th February 2004


text:
Title and commencement
1
These Regulations may be cited as the Charges for Inspections and Controls (Amendment) (No. 2) Regulations 2004 and come into force on 25th July 2004.
Revocation and amendment of previous instruments
2
1
The Charges for Inspections and Controls (Amendment) Regulations 2004 are revoked.
2
On 26th July 2004, the Charges for Inspections and Controls Regulations 1997 are amended by the substitution of the following table for the table in the Schedule:
(1) (2) Animal, fish or product of animal origin Charge
Bovine £0.4143 per carcase Swine £0.0978 per carcase Soliped £0.3058 per carcase Sheep £0.0267 per carcase Goat £0.0184 per carcase Poultry £0.8297 per tonne Game £1.0461 per tonne Wild game £1.0461 per tonne Salmon £1.69 per tonne of marketed product Brown trout, rainbow trout £1.43 per tonne of fish feed Milk £0.0177 per 1,000 litres Eggs £0.0083 per case of 360 eggs
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
19th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Asylum Support (Amendment) Regulations 2004 and shall come into force on 12th April 2004.
Kind and levels of support for essential living needs
2
For the table at regulation 10(2) of the Asylum Support Regulations 2000 , substitute:
TABLE
Qualifying couple £61.11 Lone parent aged 18 or over £38.96 Single person aged 25 or over £38.96 Single person aged at least 18 but under 25 £30.84 Person aged at least 16 but under 18 (except a member of a qualifying couple) £33.50 Person aged under 16 £42.27
Revocation of the Asylum Support (Amendment) (No.2) Regulations 2003
3
The Asylum Support (Amendment) (No.2) Regulations 2003 are hereby revoked.
Beverley Hughes
Minister of State
Home Office
11th March 2004


text:
Citation and commencement
1
This Order may be cited as the British Transport Police (Police Services Agreement) Order 2004 and shall come into force on 1st July 2004.
Requirement to enter into a police services agreement
2
1
A person —
a
who provides railway services in respect of —
i
a train used on a network for the purpose of carrying passengers;
ii
a train used on a network for the purpose of carrying goods;
iii
a light maintenance depot; or
iv
a station, and
b
who has been granted a licence pursuant to section 8 of the Railways Act 1993 authorising him to be the operator of the train, light maintenance depot or station in question,
shall enter into a police services agreement.
2
Network Rail, being a person who provides railway services in respect of a network, shall enter into a police services agreement.
3
In this article “Network Rail” means Network Rail Infrastructure Limited, a private limited company whose registration number is 02904587 and whose registered address is 40 Melton Street, London NW1 2EE.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
21st June 2004


text:
Citation and commencement
1
This Order may be cited as the Driver and Vehicle Licensing Agency Trading Fund Order 2004 and shall come into force on 1st April 2004.
Interpretation
2
In this Order —
“ the Act ” means the Government Trading Funds Act 1973;
“Driver and Vehicle Licensing Agency” means that part of the Department for Transport known as the Driver and Vehicle Licensing Agency;
“the fund” means the trading fund established by this Order;
“registration mark” has the meaning given by section 23(1) of the Vehicle Excise and Registration Act 1994 ;
“vehicle” means a mechanically propelled vehicle; and
“vehicle excise duty” has the meaning given by section 1(1) of the Vehicle Excise and Registration Act 1994.
Establishment of the Fund
3
1
From 1st April 2004, there shall be established a trading fund to be known as the Driver and Vehicle Licensing Agency Trading Fund.
2
The operations of the Driver and Vehicle Licensing Agency described in Schedule 1 shall be financed by means of the fund.
Source of loans
4
The Secretary of State for Transport is designated as the source of issues to the fund by way of loan.
Assets, liabilities, reserves and public dividend capital
5
1
The Crown assets and liabilities set out in Schedule 2 shall be appropriated as assets and liabilities of the fund.
2
The sum of £4,775,000, being part of the amount by which the values of those assets exceeds the amount of those liabilities, shall be treated as a revaluation reserve in the accounts of the fund, and the reserve so created shall be maintained as a revaluation reserve.
3
The sum of £20,748,000, being part of the amount by which the values of those assets exceeds the amount of those liabilities, shall be treated as government grant reserve in the accounts of the fund, and the reserve so treated shall be maintained as a government grant reserve.
4
The sum of £18,002,000, being part of the amount by which the value of those assets exceeds the amount of those liabilities shall be treated as public dividend capital.
Maximum borrowing etc.
6
The aggregate of the following shall not exceed £50,000,000 —
a
the total outstanding at any given time in respect of amounts issued to the fund under section 2B of the Act (other than as originating debt); and
b
the total at that time constituting public dividend capital issued to the fund under section 2A(2A) of the Act.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
25th March 2004
We concur
John Heppell
Jim Murphy
Two of the Lords' Commissioners of Her Majesty’s Treasury
29th March 2004


text:
1
This Order may be cited as the Finance Act 2004, section 19(1) and Schedule 2, (Appointed Day) Order 2004.
2
The day appointed under section 19(2)(b) of the Finance Act 2004 as the day on which section 19(1) of, and Schedule 2 to, that Act shall come into force, insofar as they are not already in force by virtue of section 19(2)(a) of that Act, is 1st August 2004.
Joan Ryan
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Pensions Increase (Valuation Tribunal Service) Regulations 2004, and shall come into force on 1st April 2004.
Interpretation
2
In these Regulations:
“the 1971 Act ” means the Pensions (Increase) Act 1971;
“pension” means a pension within the meaning of the 1971 Act.
Pensions to which the 1971 Act will apply
3
The 1971 Act shall apply to any pension payable in accordance with regulations under section 7 of the Superannuation Act 1972 in respect of service as an employee of the Valuation Tribunal Service established under section 105 of the Local Government Act 2003 , as if it were a pension specified in Part II of Schedule 2 to the 1971 Act.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
3rd March 2004


text:
Citation
1
This Order may be cited as the Ainsdale Hope Church of England High School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Ainsdale Hope Church of England High School, Sandringham Road, Ainsdale, Southport, Merseyside, PR8 2PJ, 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 Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
29th September 2004


text:
Citation and commencement
1
This Order may be cited as the Hadleigh Junior School (Change to School Session Times) Order 2004 and shall come into force on 16th February 2004.
Exemption from School Sessions Regulations
2
The Changing of School Session Times Regulations 1999 shall not apply to the governing body of Hadleigh Junior School, of Church Road, Hadleigh.
Time limit
3
This order shall have effect until 31st December 2004.
David Miliband
Minister of State,
Department for Education and Skills
21st January 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Independent School Standards) (England) (Amendment) Regulations 2004 and shall come into force on 17 th January 2005.
2
These Regulations apply only in relation to England.
Amendments
2
The Education (Independent School Standards) (England) Regulations 2003 are amended in accordance with the following provisions of these Regulations.
3
In regulation 3 after paragraph 3(b) insert the following —
c
paragraph 4(b)(ii) of the Schedule shall not apply to an Academy, a city technology college or a city college for the technology of the arts where the Articles of Association of that school contain an article or articles which provide for Governors to be subject to a check with the Criminal Records Bureau that article or articles having been approved by the Secretary of State.
.
4
In paragraph 1(1) of the Schedule for “(5)” substitute “(4)”.
5
In paragraph 1 of the Schedule omit sub-paragraph (5).
6
In paragraph 3(2)(b) of the Schedule for everything following “complies with” substitute “DfES Guidance “Safeguarding Children in Education” [DfES publication number 0027/2004]”.
7
In paragraph 3(6) of the Schedule after “satisfactory” insert “written”.
8
For paragraphs 4(a) and (b) of the Schedule substitute the following —
a
the following are subject to a check with the Criminal Records Bureau made by the Secretary of State which confirms suitability to work with children, that check to be at an enhanced level if his duties involve regularly caring for, training, supervising or being in sole charge of persons aged under 18 —
i
any proprietor who is an individual; and
ii
the Chair of any body of persons named as the proprietor in the register or in an application to enter a school in the register.
b
the following are subject to a check with the Criminal Records Bureau which confirms suitability to work with children, that check to be at an enhanced level if his duties involve regularly caring for, training, supervising or being in sole charge of persons aged under 18, and in respect of a person referred to in sub-paragraph (i) to be carried out prior to confirmation of their appointment —
i
members of staff at the school; and
ii
any member of a body of persons named as the proprietor in the register or in an application to enter a school in the register.
.
9
After paragraph 4(e) of the Schedule insert the following —
f
any foreign national falling within sub-paragraphs (a) and (b) above and for whom a Criminal Record Bureau check is inappropriate is subject to the checks for overseas teachers set out in DfES Guidance “Child Protection: Preventing Unsuitable People from working with Children and Young persons in the Education Service” [DfES publication number 0208/2002].
10
In paragraph 5(j) of the Schedule before “do” insert “all areas of the school”.
11
In paragraph 6(2)(b)(i) of the Schedule for “usual residential address and telephone number” substitute “address for correspondence during both term-time and holidays and a telephone number or numbers on which he may be contacted at all times”.
12
In paragraph 6(2)(c) of the Schedule after “address” insert “for correspondence”.
13
In paragraph 6(3)(a) of the Schedule after “report” insert “prepared by that body”.
14
In paragraph 6(5) of the Schedule —
a
delete “Unless otherwise agreed with any parent,”; and
b
after “taught” insert “except that no report need be sent to a parent who has agreed otherwise with the school”.
15
In paragraph 7(l) of the Schedule for “Standards 4 and 5” substitute “Standard 4”.
Stephen Twigg
Minister of State
Department for Education and Skills
20th December 2004


text:
Title, commencement and application
1
1
These Regulations may be cited as the Artificial Insemination of Cattle (Animal Health) (England and Wales) (Amendment) (England) Regulations 2004 and come into force on 1 January 2005.
2
These Regulations apply to England only.
Amendments to the Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985
2
1
The Artificial Insemination of Cattle (Animal Health) (England and Wales) Regulations 1985 (“the 1985 Regulations ”) are amended in accordance with the following provisions of this regulation.
2
Amend regulation 2(1) (interpretation) as follows–
a
insert, in the definition of “the Directive”–
iv
Council Directive 2003/43/ EC amending Council Directive 88/407/ EEC
;
b
substitute, in paragraph (b) of the definition of “the Minister”, “the Secretary of State for Environment, Food and Rural Affairs” for “the Minister of Agriculture, Fisheries and Food”;
c
omit, in the definition of “official veterinarian”, “by the Minister of Agriculture, Fisheries and Food”;
3
Omit, in regulation 9A, “in the Economic Community”.
4
Amend regulation 17 as follows–
a
for regulation 17(1), substitute–
Subject to the provisions of paragraph (4) no person shall move semen not intended for intra-Community trade or cause or permit such semen to be moved from quarantine until the semen has been kept there for a minimum of 28 days.
;
b
for regulation 17(1A), substitute–
No person shall export frozen semen to another member State unless it has been kept in quarantine for a minimum of 30 days.
;
c
in regulation 17(3), for “paragraph (4)”, substitute “paragraphs (1A) and (4)”;
d
for regulation 17(4), substitute–
Nothing in this regulation shall prevent the export of semen from quarantine direct to a place other than a member State before it has been kept in quarantine for 28 days.
.
5
For regulation 18(b), substitute–
the semen is imported in accordance with the provisions of the Animals and Animal Products (Import and Export) (No 2) Regulations 2004 (or with any Regulations which they supercede), or of the Products of Animal Origin (Third Country Imports) (England) (No 3) Regulations 2004 (or with any Regulations which they supercede);
.
6
For regulation 21(c)(ii), substitute–
it is imported in accordance with the provisions of the Animals and Animal Products (Import and Export) (No 2) Regulations 2004 (or with any Regulations which they supercede), or of the Products of Animal Origin (Third Country Imports) (England) (No 3) Regulations 2004 (or with any Regulations which they supercede);
.
7
For “Great Britain”, substitute “England” in regulations 14(1)(d), 14(2)(b), 17(2)(b), 17(3)(b), 20(a)(ii), 20(b)(v), 20(c)(iv), 22(d) and 23(b).
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment Food and Rural Affairs
8th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of North Tyneside (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of North Tyneside;
“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 North Tyneside (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 the council of the borough of North Tyneside.
Wards of the borough of North Tyneside
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty 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 North Tyneside
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.
Maps
5
The council of the borough of North Tyneside shall make a print of the map marked “Map referred to in the Borough of North Tyneside (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the 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
7
The Borough of North Tyneside (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, commencement and interpretation
1
1
These Regulations may be cited as the Democratic Republic of Congo (Financing and Financial Assistance and Technical Advice, Assistance and Training) (Penalites and Licences) Regulations 2004 and shall come into force on 6th February 2004.
2
In these Regulations —
“the EC Regulation ” means Council Regulation (EC) No. 1727/2003 of 29th September 2003 concerning certain restrictive measures in respect of the Democratic Republic of Congo ; and
“customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979 .
Offences
2
1
Any person who directly or indirectly infringes any of the following prohibitions in the EC Regulation:
a
Article 1(a), prohibiting financing or financial assistance for any sale, supply, transfer or export of arms and related material of all types to any person, entity or body in the Democratic Republic of Congo; or
b
Article 1(b), prohibiting the provision to any person, entity or body in the Democratic Republic of Congo of technical advice, assistance or training related to military activities; or
c
Article 1(2), prohibiting the participation in activities which promote the transaction or activities referred to in Article 1(a) and 1(b);
shall be guilty of an offence and may be arrested.
Licences
3
1
Authorisation for the provision of financing and financial assistance for the sale, supply, transfer or export of arms and related material of all types, and technical advice, assistance or training related to military activities, as provided for in Articles 2 and 3 of the EC Regulation, shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, any person,
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having acted under the authority of a licence granted under this Regulation, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless —
a
the licence had been previously modified by the Secretary of State without that person’s consent, and
b
the alleged failure to comply would not have been a failure had the licence not been so modified.
Penalties
4
1
A person guilty of an offence under regulation 2 or 3(2) or (3) above shall be liable —
a
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Notwithstanding that the offence in regulation 2 above is not, by virtue of the term of imprisonment for which a person may be sentenced in respect of it, an arrestable offence within the meaning of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989 , section 24(1) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offence as if it were mentioned therein, and the offence shall accordingly be an arrestable offence within the meaning of the Act and the Order.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for an offence under regulation 2 above as it applies to the arrest of any person for an offence under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalites and proceedings for offences under the customs and excise Acts.
5
Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for an offence under regulation 3(2) or (3) above.
Nigel Griffiths,
Parliamentary Under-Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
2nd February 2004


text:
Citation and commencement
1
This Order may be cited as the Regional Assembly and Local Government Referendums (Date of Referendums, Referendum Question and Explanatory Material) (North East Region) Order 2004 and shall come into force on the day after that on which it is made.
Interpretation
2
In this Order —
“the Preparations Act ” means the Regional Assemblies (Preparations) Act 2003; and
“ County Durham ” means the county area of County Durham; and
“ Northumberland ” means the county area of Northumberland.
Regional Assembly referendum
3
On 4th November 2004 a referendum shall be held in the North East region about the establishment of an elected assembly for that region.
Local government referendums
4
On 4th November 2004 a referendum shall be held in each of the following county areas about the government’s proposals for the structure of local government in those areas —
a
County Durham; and
b
Northumberland.
Referendum period
5
The referendum period for a referendum held under article 3 or 4 —
a
begins on the date on which this Order comes into force; and
b
ends with the date of the referendum.
Alteration of time for application and designation of designated organisations
6
1
For the purposes of section 109 of the Political Parties, Elections and Referendums Act 2000 , the period of 28 days referred to in subsections (2) and (3) of that section shall have effect in relation to a referendum held under article 3, as if it were a period of 42 days.
2
For the purposes of section 9 of the Preparations Act, the appropriate day in relation to a referendum held under any of article 3 is —
a
the fifty-seventh day of the referendum period if one or more applications under section 109 of the Political Parties, Elections and Referendums Act 2000 (applications for assistance under section 110 of that Act) is made before the forty-third day of the referendum period in relation to each possible outcome of the referendum;
b
the forty-third day of the referendum period in any other case.
Text of options–County Durham
7
In relation to County Durham, the text of the options to be inserted in the referendum question specified in section 3(3) of the Preparations Act, is —
Option A–one single tier local authority (see map for option A).
Option B–three single tier local authorities (see map for option B.)
.
Text of options–Northumberland
8
In relation to Northumberland, the text of the options to be inserted in the referendum question specified in section 3(3) of the Preparations Act, is —
Option A–one single tier local authority (see map for option A).
Option B–two single tier local authorities (see map for option B).
.
Explanatory material
9
1
The explanatory material set out in Schedule 1, which relates to the options in article 7, will be made available for voters at the time they vote in the referendum in County Durham.
2
The explanatory material set out in Schedule 2, which relates to the options in article 8, will be made available for voters at the time they vote in the referendum in Northumberland.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
23rd July 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Independent Police Complaints Commission (Transitional Provisions) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
a
“the 2002 Act ” means the Police Reform Act 2002;
b
“ the Authority ” means the Police Complaints Authority; and
c
“ the Commission ” means the Independent Police Complaints Commission.
Transitional arrangements connected with establishing the Commission etc.
2
1
Where a complaint was received before 1st April 2004 in respect of conduct by a member of a police force or by a member of the National Criminal Intelligence Service or of the National Crime Squad, paragraphs (2) to (4) apply.
2
Nothing in or made under Part 2 of the 2002 Act shall apply in relation to that complaint.
3
Notwithstanding the repeal of Chapter 1 of Part 4 of the Police Act 1996 , and subject to paragraph (4), that Chapter shall continue to have effect in relation to that complaint as if there had been no such repeal.
4
The functions of the Authority under that Chapter in relation to that complaint shall be carried out by the Commission instead of by the Authority.
Conduct by certain persons occurring before 1st April 2004
3
Where a complaint is received, or a conduct matter comes to the attention of an appropriate authority, about conduct —
a
by a person falling within section 12(7)(b) or (c) of the 2002 Act (employees of a police authority and special constables), or designated under section 39(2) of that Act (police powers for contracted-out staff);
b
which occurred before 1st April 2004,
nothing in or made under Part 2 of the 2002 Act shall apply in relation to that complaint or conduct matter.
Repeated complaints
4
1
No complaint shall be recorded by a police authority or chief officer under paragraph 2(6) of Schedule 3 to the 2002 Act if that authority or officer is satisfied that the subject-matter of the complaint was previously submitted to the appropriate authority under section 67 of the Police Act 1996, and as respects that complaint, either —
a
the requirements of section 74 or 75 of the Police Act 1996 (steps to be taken after investigation) were complied with;
b
the complaint was informally resolved in accordance with the Police (Complaints) (Informal Resolution) Regulations 1985 or regulation 19 of the National Crime Squad (Complaints) Regulations 1998 ;
c
the Authority, under regulation 3 of the Police (Anonymous, Repetitious Etc. Complaints) Regulations 1985 or regulation 4 of the National Crime Squad (Dispensation from Requirement to Investigate Complaints) Regulations 2003 dispensed with the requirements of Chapter 1 of Part 4 of the Police Act 1996;
d
the complainant gave notification that he withdrew the complaint; or
e
the appropriate authority concluded that the complaint did not fall to be recorded under section 68(1) of the Police Act 1996.
2
Paragraph 3(3) of Schedule 3 to the 2002 Act (right to appeal to the Commission against a failure by the police authority or chief officer to record anything etc ) shall not apply in relation to a complaint which falls within paragraph (1) of this article.
Transfer of employees
5
1
Every person who —
a
immediately before 1st April 2004 is employed by the Authority;
b
but for the provisions of this Order would continue to be so employed; and
c
whose name is mentioned on the Independent Police Complaints Commission designated list,
shall, on that date, transfer to and become an employee of, the Commission.
2
The contract of employment of a person who is transferred by virtue of this article shall not terminate on the date of the transfer but shall have effect as if originally made between that employee and the Commission.
3
In this article “the Independent Police Complaints Commission designated list” means the list marked “Police Reform Act 2002 (Staff Transfer) Independent Police Complaints Commission designated list” which is signed on behalf of the Secretary of State, one copy of which is deposited with the Commission and one copy of which is deposited in the offices of the Secretary of State.
4
This article has effect without prejudice to the Transfer of Undertakings (Protection of Employment) Regulations 1981 .
Transfer of property
6
1
As soon as practicable, the Secretary of State shall —
a
use his best endeavours to determine whether it is fair and reasonable to make any transfers of property, rights and liabilities from the Authority to the Commission or, as the case may be, to the Crown; and
b
give notice in writing to the Commission and the Authority specifying any such transfers and the date or dates on which they are to take effect under article 7.
2
A notice under paragraph (1) above may —
a
indicate that there are matters specified therein about which a determination is still to be made; or
b
provide for a variation in the transfer of property, rights or liabilities in circumstances specified in the notice.
3
In this article, references to the transfer of property, rights and liabilities mean —
a
the transfer from the Authority to the Commission or, as the case may be, to the Crown, or the apportionment between them of any property and of rights and liabilities relating to it;
b
such transfer or apportionment of any other rights and liabilities; and
c
the creation of any rights and liabilities between any of them.
Transfer of property etc.
7
This article shall have effect to —
a
transfer from the Authority to the Commission or, as the case may be, the Crown —
i
such property;
ii
such rights and liabilities relating thereto; and
iii
such other rights and liabilities,
as may be specified in a written notice from the Secretary of State under article 6(1)(b);
b
apportion between any of them —
i
such property;
ii
such rights and liabilities relating thereto; and
iii
such other rights and liabilities,
as may be so specified; and
c
create between them such rights and liabilities as may be so specified;
on such date or dates as may be so specified.
Hazel Blears
Minister of State
Home Office
9th March 2004