text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Wales Centre for Health (Constitution, Membership and Procedures) Regulations 2004 and come into force on 31 July 2004.
2
In these Regulations —
“ the Act ” (“ y Ddeddf ”) means the Health (Wales) Act 2003;
“ the Assembly ” (“ y Cynulliad ”) means the National Assembly for Wales;
“ the Centre ” (“ y Ganolfan ”) means the Wales Centre for Health or Canolfan Iechyd Cymru ;
“co-opted member” (“ aelod cyfetholedig ”) or “co-opted members” (“ aelodau cyfetholedig ”) means a person or persons appointed by the Centre in accordance with regulation 2(4);
“chair” (“ cadeirydd ”) means the person appointed by the Assembly pursuant to section 2(3) of the Act;
“health service body” (“ corff gwasanaeth iechyd ”) means a Health Authority, Special Health Authority, Strategic Health Authority, Local Health Board, National Health Service Trust, or Primary Care Trust; and
“member” (“ aelod ”) or “members” (“ aelodau ”) means a person or persons appointed by the Assembly pursuant to section 2(2) of the Act and, except where the context requires, includes the chair.
PART 1
Membership
Membership of the Centre
2
1
The Centre will consist of no more than 12 members appointed by the Assembly.
2
In appointing members, the Assembly will have regard to the desirability of appointing persons who have experience in, and have shown capacity in, some matter relevant to the functions of the Centre.
3
The Assembly will appoint the chair (who will be a member of the Centre) and may, if it thinks fit, appoint one of the other members as deputy chair.
4
Subject to paragraph (5), the Centre may from time to time appoint such co-opted members as appear to it to be necessary or expedient for the performance by the Centre of its functions.
5
The number of co-opted members must not exceed the number of members unless the Centre has obtained the written permission of the Assembly to exceed this number.
Tenure of office of chair and other members
3
1
The terms of office of the chair, deputy chair and other members of the Centre will be such as the Assembly specifies upon the making of the appointment but normally will not exceed a maximum term of five years.
2
The term of office for a co-opted member will be such as the Centre specifies upon making the appointment but normally will not exceed a period of two years.
Termination of tenure of office
4
1
A member may resign office at any time during the period for which he or she was appointed by giving notice in writing to the Assembly.
2
A co-opted member may resign office at any time during the period for which he or she was appointed by giving notice in writing to the Centre.
3
The date on which a resignation by notice pursuant to paragraphs (1) or (2) will take effect will be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the Assembly or the Centre.
4
In the case of a member who is the chair or deputy chair, the resignation referred to in paragraph (1) must state whether or not it is given in respect of the member’s appointment as chair or deputy chair only and the Assembly may permit that person to continue as a member for the unexpired period of the original term of appointment as chair or deputy chair.
5
If the Assembly is of the opinion that a person whom it has appointed as the chair, deputy chair or other member of the Centre is unfit or otherwise unable to carry out the functions of that office, the Assembly may forthwith terminate that person’s tenure of office by giving him or her notice in writing to that effect.
6
If the Assembly is satisfied that a member has been absent from 3 consecutive meetings of the Centre, the Assembly may forthwith terminate that member’s tenure of office unless it is satisfied that —
a
the absence was due to reasonable cause; and
b
the member will be able to attend meeting of the Centre within such period as the Assembly considers reasonable.
7
Where a person has been appointed by the Assembly to be a member of the Centre —
a
if it comes to the notice of the Assembly that the person has become disqualified for appointment under regulation 5, it must forthwith notify that person of such disqualification by giving him or her notice in writing to that effect; or
b
if it comes to the notice of the Assembly that at the time of appointment a person was so disqualified, it must declare that the person was not duly appointed and notify him or her in writing to that effect,
and upon receipt of any such notification, that person’s tenure of office, if any, will be terminated and he or she will cease to be a member.
8
Paragraphs (5) to (7) apply to co-opted members as if each reference to a member were a reference to a co-opted member and each reference to the Assembly were a reference to the Centre.
Disqualification for appointment
5
Subject to regulation 6, a person will be disqualified for appointment as a member or a co-opted member if that person —
a
has, within the preceding five years, been convicted in the United Kingdom of an offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
has been adjudged bankrupt or has made a composition or arrangement with creditors;
c
has been dismissed, (without being reinstated) by reason of misconduct from any paid employment where that dismissal has not been the subject of a finding of unfair or wrongful dismissal by a tribunal or a court;
d
has had his or her membership as chair, deputy chair, director or member of a health service body terminated, other than by reason of redundancy, voluntary resignation, reorganisation of the organisation, or expiry of the period of office for which that person was appointed;
e
has been disqualified from being a member of a local authority under sections 17(2)(b) or 18(7) of the Audit Commission Act 1998 (members of local authorities who are responsible for incurring or authorising unlawful expenditure or whose wilful misconduct has caused a loss or deficiency);
f
has been removed —
i
from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which that person was responsible or to which he or she was privy, or which by his or her conduct that person contributed to or facilitated, or
ii
under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities) from being concerned in the management or control of any body.
Cessation of disqualification
6
1
For the purposes of regulation 5(a), the date of conviction will be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
2
For the purposes of regulation 5(c), a person will not be treated as having been in paid employment by reason only of having held the position of chair, deputy chair, director or member of any health service body.
3
Where a person is disqualified by reason of regulation 5( b) —
a
if the bankruptcy is annulled on the ground that the person ought not to have been adjudged bankrupt or on the ground that the person’s debts have been paid in full, that person will become eligible for appointment as a member on the date of the annulment;
b
if the person is discharged from bankruptcy, that person will become eligible for appointment as a member on the date of the discharge;
c
if, having made a composition or arrangement with creditors, the person’s debts are paid in full, that person will become eligible for appointment as a member on the date upon which such debts are paid in full; and
d
if, having made a composition or arrangement with creditors, that person will become eligible for appointment as a member on the expiry of five years from the date on which the terms of the deed of composition or arrangement were fulfilled.
4
Subject to paragraph (5), where a person is ineligible by reason of regulation 5(c), that person may, after the expiry of not less than two years from the date of dismissal from employment, apply in writing to the Assembly to remove the ineligibility, and the Assembly may determine that the ineligibility shall cease.
5
Where the Assembly refuses an application to remove a disqualification, no further application may be made by that person until the expiry of two years beginning with the date of the application and this paragraph will apply to any subsequent application.
6
Where a person is disqualified by reason of regulation 5(d), that person will become eligible for appointment as a member on the expiry of two years from the date of the termination of membership or such longer period as may have been specified by the health service body that terminated the membership, but the Assembly may, on application being made in writing to it by that person, reduce the period of disqualification.
7
Paragraphs (4) to (6) apply to co-opted members as if each reference to the Assembly were a reference to the Centre.
PART 2
Proceedings and administrative arrangements
Appointment of deputy chair
7
1
If no deputy chair has been appointed by the Assembly, then, subject to paragraph (3), the members may appoint one of their number to be deputy chair for such period not exceeding his or her original term as a member, as they may specify.
2
Any member so appointed may at any time resign from the office of deputy chair by giving notice in writing to the chair.
3
A member who resigns in accordance with paragraph (2) must forward a copy of the notice in writing to the Assembly.
4
The date on which a resignation by notice given pursuant to paragraph (2) will take effect will be —
a
where a date is specified in the notice as being that on which the resignation is to take effect, that date; and
b
in any other case, the date on which the notice is received by the chair.
Powers of deputy chair
8
Where —
a
a member is appointed to be deputy chair either by the Assembly or in accordance with regulation 7, and
b
the chair has died or has ceased to hold office, or is unable to perform the duties of chair owing to illness, absence from the United Kingdom or any other cause,
the deputy chair will act as chair until a new chair is appointed or the existing chair resumes the duties of that office as the case may be, and references to the chair will, so long as there is no chair able to perform the duties of that office, be taken to include references to the deputy chair.
Appointment of committees and sub-committees
9
1
The Centre may appoint committees of the Centre consisting wholly or partly of the members of the Centre.
2
The meetings and proceedings of a committee appointed under this regulation will be conducted in accordance with standing orders made by the Centre.
3
A committee appointed under this regulation may, subject to any provision within standing orders made by the Centre, appoint sub-committees consisting wholly or partly of members of the committee.
Meetings and proceedings
10
1
The meetings and proceedings of the Centre will be conducted in accordance with the rules set out in the Schedule hereto and with standing orders made under paragraph (2).
2
Subject to those rules, the Centre must make, and may vary or revoke, standing orders for the regulation of its proceedings and business.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
6 July 2004


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Controlled Drugs (Substances Useful for Manufacture) (Intra-Community Trade) (Amendment) Regulations 2004 and shall come into force on 13th April 2004.
2
1
The Controlled Drugs (Substances Useful for Manufacture) (Intra-Community Trade) Regulations 1993 shall be amended as follows.
2
In Category 2 of Schedule 1, after “Piperidine” there shall be inserted “Potassium permanganate”.
3
For the table in Schedule 2 (specified quantities of scheduled substances in Category 2 of Schedule 1) there shall be substituted the table in the Schedule to these Regulations.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
18th March 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Burma (Freezing of Funds and Economic Resources) Regulations 2004 and shall come into force on 5th May 2004.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and
“the EC Regulation ” means Council Regulation (EC) No. 798/2004 of 26th April 2004 concerning certain restrictive measures in respect of Burma .
Breaches of the EC Regulation
2
1
Any person who —
a
without reasonable excuse commits a breach of Article 6(1) of the EC Regulation; or
b
commits a breach of Article 6(2) or (3) of the EC Regulation,
is guilty of an offence.
2
Any person who —
a
without reasonable excuse fails to comply with Article 9(1) of the EC Regulation; or
b
uses information in breach of Article 9(3) of the EC Regulation,
is guilty of an offence.
Requests for authorisations etc.
3
Any person who, in connection with a request for an authorisation pursuant to Article 7(1) of the EC Regulation —
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,
is guilty of an offence.
Information
4
The Schedule to these Regulations has effect in order to facilitate the obtaining by or on behalf of the Treasury or the Bank of England of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2(1) or 3 or paragraph 2(b) or (c) of the Schedule to these Regulations is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under regulation 2(2), or paragraph 2(a) or 3(2) of the Schedule to these Regulations, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General, or, as the case may be the .Attorney General for Northern Ireland.
6
But paragraph (5) does not prevent the arrest, or the issue or execution of a warrant for the arrest of any person in respect of an offence, or the remand in custody or on bail of any person charged with an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
4th May 2004


text:
Citation and commencement
1
These Regulations may be cited as the Employers' Liability (Compulsory Insurance) (Amendment) Regulations 2004 and shall come into force on 28th February 2005.
Amendment of the Employers' Liability (Compulsory Insurance) Regulations 1998
2
In the Employers' Liability (Compulsory Insurance) Regulations 1998 , Schedule 2 (employers exempted from insurance), after paragraph 14, there is inserted: —
15
Any employer which is a company that has only one employee and that employee also owns fifty per cent or more of the issued share capital in that company.
.
Signed by authority of the Secretary of State for Work and Pensions.
Jane Kennedy
Minister of State,
Department for Work and Pensions
1st November 2004


text:
Citation, commencement and interpretation
1
1
This order may be cited as the Dyfed Powys Health Authority and Gwent Health Authority (Transfer of Trust Property) Order 2004 and comes into force on 30 June 2004.
2
In this order —
“Dyfed Powys trust property” (“ eiddo ymddiriedolaeth Dyfed Powys ”) means the property specified in Schedule 1 hereto;
“Gwent trust property” (“ eiddo ymddiriedolaeth Gwent ”) means the property specified in Column 1 of Schedule 2 hereto.
Transfer of the Dyfed Powys trust property
2
1
On 1 July 2004 the Dyfed Powys trust property and any rights and liabilities arising therefrom are to be transferred to the Velindre National Health Service Trust .
2
In any trust instrument relating to the Dyfed Powys trust property, any reference to the name by which the trustees of the Dyfed Powys trust property are to be known is to be construed as a reference to Velindre National Health Service Trust and any reference to Dyfed Powys Health Authority in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to Velindre National Health Service Trust.
Transfer of the Gwent trust property
3
1
On 1 July 2004 the Gwent trust property and any rights and liabilities arising therefrom are to be apportioned and transferred to the Local Health Boards and National Health Service Trust as specified in Column 2 of Schedule 2 hereto .
2
In any trust instrument relating to the Gwent trust property, any reference to the name by which the trustees of the Gwent trust property are to be know is to be construed as a reference to the Local Health Board or the Velindre National Health Service Trust to which the Gwent trust property has been transferred and any reference to the Gwent Health Authority in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant Local Health Board or the Velindre National Health Service Trust.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998 .
D. Elis-Thomas
The Presiding Officer of the National Assembly
23 June 2004


text:
Citation and commencement
1
These Regulations may be cited as the Railway Safety Accreditation Scheme Regulations 2004 and shall come into force on 26th April 2004.
Interpretation
2
For the purposes of these Regulations —
“accredited person” means a person in relation to whom an accreditation under regulation 7 is for the time being in force;
“chief constable” means the chief constable of the Police Force ;
“Police Force” means the constables of the British Transport Police Force appointed under section 53 of the 1949 Act ;
“railway safety functions” means any functions the carrying out of which would be facilitated by the ability to exercise one or more of the powers mentioned in the Schedule to these Regulations;
“scheme” means a railway safety accreditation scheme established by virtue of these Regulations;
“the 1949 Act” means the British Transport Commission Act 1949 ;
“the British Transport Police Committee” means the British Transport Police Committee constituted under paragraph 4 of the British Transport Police Force Scheme; and
“the British Transport Police Force Scheme” means the scheme set out in the schedule to the British Transport Police Force Scheme 1963 (Approval) Order 1964 .
Establishment and Maintenance of a Scheme
3
1
The chief constable may, if he considers it to be appropriate for the purposes set out in paragraph (2), establish and maintain a scheme.
2
Those purposes are —
a
contributing to railway safety and security; and
b
in co-operation with the Police Force, combating crime and disorder, public nuisance and other forms of anti-social behaviour.
Consultation
4
Before establishing a scheme, the chief constable shall consult with —
a
the British Transport Police Committee;
b
persons whom he considers to represent the interests of chief officers of police;
c
persons whom he considers to represent the interests of police authorities;
d
persons whom he considers to represent the interests of local authorities;
e
persons whom he considers to represent the interests of the rail industry;
f
persons whom he considers to represent the interests of rail passengers;
g
the Mayor of London; and
h
such other persons as he thinks fit.
Railways policing plan
5
Any railways policing plan made under section 52 of the Railways and Transport Safety Act 2003 shall set out the proposed arrangements for the policing of policed premises during the year, and shall include a statement detailing —
a
whether a scheme is being maintained;
b
if not, whether there is any proposal to establish a scheme during the period to which the plan relates;
c
where there is a proposal to establish a scheme during the period to which the plan relates, details of that proposal; and
d
where a scheme has been established, details of any proposals to modify the scheme during the period to which the plan relates.
Arrangements with employers
6
1
A scheme must contain provision for the making of arrangements with an employer who —
a
is in a transport police services agreement, made by virtue of paragraph 2A of the British Transport Police Force Scheme; or
b
is carrying on business in relation to the whole or any part of policed premises,
for such an employer to supervise the carrying out by his employees of the railway safety functions which those employees are empowered to perform by virtue of an accreditation under regulation 7.
2
It shall be the duty of the chief constable who establishes or maintains a scheme to ensure that the employers of those persons on whom powers are conferred by virtue of an accreditation under regulation 7 have established and maintain satisfactory arrangements for handling complaints relating to the carrying out by those persons of the functions for the purposes of which the powers are conferred.
Accreditation under a scheme
7
1
This regulation applies where the chief constable has, for the purposes of a scheme, entered into any arrangements with any employer for or with respect to the carrying out of railway safety functions by employees of that employer.
2
The chief constable may, on the making of an application for the purpose by such person and in such manner as he might require, grant accreditation under this regulation to any employee of an employer described in regulation 6(1).
3
The chief constable may confer upon any person granted accreditation under this regulation any of the powers listed in the Schedule.
4
The chief constable shall not grant accreditation to a person under this regulation unless he is satisfied that —
a
that person’s employer is a fit and proper person to supervise the carrying out of the functions for the purposes of which the accreditation is to be granted;
b
the person himself is a suitable person to exercise the powers that will be conferred on him by virtue of the accreditation;
c
that person himself is capable of effectively carrying out the functions for the purposes of which those powers are to be conferred on him; and
d
that person has received adequate training for the exercise of those powers.
5
A person authorised or required to do anything by virtue of an accreditation under this regulation —
a
shall not be authorised or required by virtue of that accreditation to engage in any conduct otherwise than in the course of his employment by the employer with whom the chief constable has entered into the arrangements referred to in paragraph (1); and
b
shall be so authorised or required subject to such other restrictions and conditions, if any, as may be specified in his accreditation.
6
An accreditation granted under this regulation, unless it ceases to have effect in accordance with paragraph (7), shall remain in force for such period of time as shall be specified in the accreditation, and may be renewed at any time with effect from the time when it would otherwise expire.
7
An accreditation granted under this regulation shall cease to have effect if —
a
the accredited person ceases to be an employee of the person with whom the chief constable has entered into the arrangements referred to in paragraph (1);
b
the arrangements between the chief constable and the employer are terminated or expire; or
c
it is withdrawn in accordance with regulation 8(3).
Supplementary provisions relating to accreditations
8
1
A person who exercises any power in relation to any person in reliance on his accreditation under regulation 7, or who purports to do so, shall produce that accreditation to that person if requested to do so.
2
A power exercisable by any person in reliance on his accreditation under regulation 7 shall be exercisable only by a person wearing such —
a
uniform as may be —
i
determined or approved for the purposes of these regulations by the chief constable; and
ii
identified or described in the accreditation; and
b
badge as may be specified from time to time for the purposes of this regulation by the Secretary of State, and worn in such manner, or in such place, as may be so specified.
3
Subject to paragraph (4) the chief constable may at any time, by giving notice to the accredited person, modify or withdraw an accreditation granted to any person under regulation 7.
4
Any such notice given under paragraph (3) shall include reasons for the modification or withdrawal of the accreditation.
5
Where the chief constable has modified or withdrawn an accreditation granted under regulation 7 he shall send a copy of the notice given under paragraph (3) to the employer responsible for supervising that person in the carrying out of the functions for the purposes of which the accreditation was granted.
6
For the purposes of determining liability for the unlawful conduct of employees of an employer with whom the chief constable has made an arrangement referred to in regulation 7(1), conduct by such an employee in reliance or purported reliance on an accreditation under regulation 7 shall be taken to be conduct in the course of his employment by that employer and, in the case of a tort, that employer shall fall to be treated as a joint tortfeasor.
Offences against accredited persons
9
1
Any person who assaults —
a
an accredited person in the execution of his duty; or
b
a person assisting an accredited person in the execution of his duty,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.
2
Any person who resists or wilfully obstructs —
a
an accredited person in the execution of his duty; or
b
a person assisting an accredited person in the execution of his duty,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding 1 month, or to a fine not exceeding level 3 on the standard scale, or to both.
3
Any person who, with intent to deceive —
a
impersonates an accredited person;
b
makes any statement or does any act calculated falsely to suggest that he is an accredited person; or
c
makes any statement or does any act calculated falsely to suggest that he has powers as an accredited person that exceed the powers he actually has,
is guilty of an offence and shall be liable, on summary conviction, to imprisonment for a term not exceeding 6 months, or to a fine not exceeding level 5 on the standard scale, or to both.
4
In this regulation references to the execution by an accredited person of his duty are references to his exercising any power which is his by virtue of his accreditation.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under-Secretary of State,
Department for Transport
24th March 2004


text:
1
This scheme may be cited as the M11 London to Cambridge Motorway (Stansted Airport Spur Roads and Connecting Roads at Birchanger) Scheme 1985 Revocation Scheme 2004 and shall come into force on 15th March 2004.
2
The M11 London to Cambridge Motorway (Stansted Airport Spur Roads and Connecting Roads at Birchanger) Scheme 1985 is hereby revoked.
Signed by authority of the Secretary of State for Transport
P Wallwork
A Divisional Director Highways Agency
20th February 2004


text:
Title and commencement
1
This Order may be cited as the Enterprise Act 2002 (Enforcement Undertakings and Orders) Order 2004 and shall come into force on 4th October 2004.
Interpretation
2
In this Order —
“ the Act ” means the Enterprise Act 2002;
“the 1973 Act ” means the Fair Trading Act 1973 ;
“ the Commission ” means the Competition Commission;
“the DTI ” means the Department of Trade and Industry;
“the MMC ” means the Monopolies and Mergers Commission;
“the specified undertakings” means the undertakings described in Schedule 1 hereto; and
“the specified orders” means the orders described in Schedule 2 hereto.
Specification
3
1
The undertakings described in Schedule 1 hereto are hereby specified for the purposes of paragraphs 15(1), 15(3)(a) and 16(1) of Schedule 24 to the Act.
2
The orders described in Schedule 2 hereto are hereby specified for the purposes of paragraphs 15(2), 15(3)(b) and 17(1) of Schedule 24 to the Act.
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
20th August 2004


text:
PART 1
General
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Communications (Television Licensing) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations, except regulations 10 and 11, extend to the Channel Islands and the Isle of Man.
3
In these Regulations “ the Act ” means the Communications Act 2003.
PART 2
TV licence fees
Interpretation of Part 2
2
1
In this Part —
“caravan” means any structure designed or adapted for habitation which is capable of being moved from one place to another (whether by being towed, or by being transported on a motor vehicle or trailer) and any motor vehicle so designed or adapted;
“the due date” in relation to any TV licence means the date on which the licensee is required to obtain the licence in accordance with the Act whether in consequence of the expiry of a previous licence or otherwise; and
“touring caravan” means a caravan normally used for touring from place to place.
2
Any reference to —
a
the issue of a TV licence includes a reference to the renewal of such a licence;
b
a person’s residence includes any place provided for that person’s private occupation.
TV licence fees
3
1
Subject to regulations 5 and 6 —
a
on the issue of a TV licence of a type specified in an entry in column 1 of the table in Schedule 1, the fee payable shall be that specified in column 3 in relation to that type of licence;
b
on the issue of a TV licence of a type specified in paragraph 1, 3 or 8 of Schedule 2, the person to whom the licence is issued shall be liable to make payments as provided by (as the case may be) Part 1, 2 or 3 of that Schedule;
c
on the issue of a TV licence of a type specified in an entry in column 1 of the table in Part 1 of Schedule 3, the fee payable shall (subject to paragraph (2)) be determined in accordance with the entry in column 3 in relation to that type of licence;
d
on the issue of a TV licence of the type specified in paragraph 1 of Schedule 4, the fee payable shall be determined in accordance with paragraph 2 of that Schedule;
e
on the issue of a TV licence of the type specified in paragraph 2 of Schedule 5, the fee payable shall be determined in accordance with paragraph 3 of that Schedule.
2
In relation to a TV licence of the type specified in the second entry in column 1 of the table in Part 1 of Schedule 3, the fee is to be payable in instalments in the circumstances specified in Part 2 of that Schedule; and the amount of each of the instalments, and the dates on which they are payable, are to be determined in accordance with that Part.
3
Any sum payable by virtue of paragraph (1) or (2) shall be payable irrespective of the duration of the TV licence.
Duplicate licences
4
Where a TV licence has been lost or destroyed, the sum of £3.25 shall be paid on the issue of a duplicate of such a licence; but no such sum shall be payable on the issue of a duplicate of a TV licence that was issued free of charge.
Concessions for blind persons
5
1
Where —
a
a TV licence is issued to a blind person, authorising the installation or use of a television receiver at one or more places or in one or more vehicles, vessels or caravans specified in the licence; and
b
each place, vehicle, vessel or caravan so specified is a residence of that person,
the fee payable (including the amount of any instalment payments) shall be 50 per cent of the amount which would otherwise be payable for the licence in accordance with regulation 3.
This reduction in the amount payable is referred to in this paragraph as the “blind concession”.
2
In order to establish an entitlement to the blind concession a person must —
a
show that he is registered as blind with —
i
a local authority in the United Kingdom, or
ii
the Department of Health and Social Security for the Isle of Man,
by way of a certificate or other document issued by or on behalf of the authority concerned; or
b
provide evidence that he is blind by way of a certificate signed by an ophthalmologist.
3
A person is not required to provide the evidence referred to in paragraph (2) to obtain the blind concession in respect of a TV licence where —
a
that person has previously established an entitlement to the concession by providing the evidence referred to in that paragraph; and
b
that evidence was provided within the period of 5 years ending on the date on which the licence is issued.
4
This regulation does not apply where the TV licence is of a type and description specified in paragraph 1 of Schedule 4 or paragraph 2 of Schedule 5.
5
In these Regulations —
“blind” means that the person concerned is so blind as to be unable to perform any work for which eyesight is essential;
“local authority” means —
in England, a county council, a district council, a London borough council, the Common Council of the City of London, and the Council of the Isles of Scilly;
in Wales, a county council or a county borough council;
in Scotland, a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 ; and
in Northern Ireland, a district council;
“ophthalmologist” means a doctor whose name is included in the register of specialists kept by the General Medical Council under article 8 of the European Specialist Medical Qualifications Order 1995 and in respect of whom that register indicates his speciality to be ophthalmology.
Concessions for persons aged 75 years or more
6
1
No fee shall be payable for a TV licence of a type referred to in the first or second entry in column 1 of the table in Schedule 1 where —
a
the licence is issued to a person aged 75 years or more or to a person who will attain that age in the calendar month in which the licence is issued; and
b
the single place, vehicle, vessel or caravan specified in the licence is the sole or main residence of that person.
2
Paragraph (1) only applies where the residence referred to in that paragraph is in the United Kingdom, the Isle of Man or the Bailiwick of Guernsey (but excluding Sark).
3
Where a TV licence of the type referred to in paragraph 1 of Schedule 4 is issued in respect of accommodation for residential care, in calculating the fee payable no account shall be taken of any unit of accommodation or, as the case may be, residential care dwelling that is the sole or main residence of a resident who is aged 75 years or more on the date on which the licence is issued.
4
In paragraph (3), the expressions “accommodation for residential care”, “resident” and “residential care dwelling” shall have the meanings given to them by Part 2 of Schedule 4.
5
Paragraph (3) only applies where the accommodation to which the licence relates is in the United Kingdom.
Revocation and savings
7
1
The Regulations specified in Schedule 6 are hereby revoked.
2
The Wireless Telegraphy (Television Licence Fees) Regulations 1997 shall continue to apply to any television licence issued before 1st April 2004 as they had effect immediately before that date.
3
In paragraph (2) the reference to a television licence is to such a licence within the meaning of the Wireless Telegraphy Act 1949 .
PART 3
Definitions for the purposes of the Communications Act 2003 and the Wireless Telegraphy Act 1967
Interpretation of Part 3
8
In this Part —
“members of the public” means members of the public in the United Kingdom, the Channel Islands and the Isle of Man;
“programme” has the same meaning as in the Act; and
“television programme service” has the same meaning as in Part 3 of the Act.
Meaning of “television receiver”
9
1
In Part 4 of the Act (licensing of TV reception), “television receiver” means any apparatus installed or used for the purpose of receiving (whether by means of wireless telegraphy or otherwise) any television programme service, whether or not it is installed or used for any other purpose.
2
In this regulation, any reference to receiving a television programme service includes a reference to receiving by any means any programme included in that service, where that programme is received at the same time (or virtually the same time) as it is received by members of the public by virtue of its being broadcast or distributed as part of that service.
Meaning of “television dealer”
10
In Part 1 of the Wireless Telegraphy Act 1967, “television dealer” means a person who by way of trade or business —
a
sells television sets by retail;
b
lets such sets on hire or hire-purchase;
c
arranges for such sets to be sold or let as aforesaid by another television dealer; or
d
holds himself out as willing to engage in any of the foregoing activities.
Meaning of “television set”
11
1
In Part 1 of the Wireless Telegraphy Act 1967, “television set” means any apparatus which (either alone or in association with other apparatus) is capable of receiving (whether by means of wireless telegraphy or otherwise) any television programme service but is not computer apparatus.
2
In this regulation, “computer apparatus” means apparatus which —
a
is designed or adapted to be used (either alone or in association with other apparatus) for storing or processing data, but not for doing so in connection with the reception by means of wireless telegraphy of television programme services; and
b
is not offered for sale or letting as apparatus for use (either alone or in association with other apparatus) primarily for or in connection with the reception (whether by means of wireless telegraphy or otherwise) of such services;
and “processing” includes displaying.
Tessa Jowell
Secretary of State for Culture, Media and Sport
9th March 2004
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 365 of the Communications Act 2003
Nick Ainger
John Heppell
Two of the Commissioners of Her Majesty’s Treasury
10th March 2004


text:
Citation, application and commencement
1
1
This Order may be cited as the Town and Country Planning (London Borough of Camden) Special Development (Amendment) Order 2004 and shall come into force on 6th October 2004.
2
This Order applies to land within the designated area.
Interpretation
2
In this Order —
“the 2004 Order ” means the Town and Country Planning (London Borough of Camden) Special Development Order 2004 and expressions used in this Order shall have the meaning which they bear in the 2004 Order.
Amendment of the 2004 Order
3
In article 4 of the 2004 Order (publicity for applications for planning permission) —
a
for “paragraphs (2) to (5)” substitute “paragraphs (2) to (6)”;
b
after paragraph (5) of the paragraphs inserted into the 1995 Order insert —
6
Where the notice is, without any fault or intention of the local planning authority, removed, obscured or defaced before the period of 21 days referred to in paragraph (3)(a), (3A)(a), (4)(a) or (5)(a) has elapsed, the local planning authority shall be treated as having complied with the requirements of the relevant paragraph if they have taken reasonable steps for protection of the notice and, if need be, its replacement
.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
7th September 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Family Proceedings Fees Order 2004 and shall come into force on 4th January 2005.
2
In this Order —
a
a fee referred to by number means the fee so numbered in Schedule 1 to this Order;
b
a rule referred to by number alone means the rule so numbered in the Family Proceedings Rules 1991 ;
c
expressions also used in the Family Proceedings Rules 1991 have the same meaning as in those Rules;
d
“ LSC ” means the Legal Services Commission established under section 1 of the Access to Justice Act 1999 ;
e
“Funding Code” means the code approved under section 9 of the Access to Justice Act 1999.
Fees to be taken
2
The fees set out in column 2 of Schedule 1 to this Order shall be taken in family proceedings in the High Court or in a county court in respect of the items described in column 1 in accordance with and subject to the directions specified in column 1.
Exemptions, reductions, remissions and refunds
3
1
No fee shall be payable under this Order by a party who, at the time when a fee would otherwise become payable —
a
is in receipt of —
i
legal advice and assistance under Part II or Part III of the Legal Aid Act 1988 in connection with the matter to which the proceedings relate; or
ii
Legal Help as defined in, and provided in accordance with, the Funding Code in connection with the matter to which the proceedings relate;
b
is in receipt of any qualifying benefit and is not in receipt of either —
i
representation under Part IV of the Legal Aid Act 1988 for the purposes of the proceedings; or
ii
funding provided by the LSC for the purposes of the proceedings and for which a certificate has been issued under the Funding Code certifying a decision to fund services for that party; or
c
is not a beneficiary of a trust fund in court of a value of more than £50,000 and is —
i
under the age of eighteen; or
ii
a person for whose financial relief an order under paragraph 2 of Schedule 1 to the Children Act 1989 is in force or is being applied for.
2
The following are qualifying benefits for the purposes of paragraph (1)(b) —
a
income support under the Social Security Contributions and Benefits Act 1992 ;
b
working tax credit, provided that —
i
child tax credit is being paid to the party, or otherwise following a claim for child tax credit made jointly by the members of a married couple or an unmarried couple (as defined respectively in section 3(5) and (6) of the Tax Credits Act 2002 ) which includes the party; or
ii
there is a disability element or severe disability element (or both) to the tax credit received by the party;
and that the gross annual income taken into account for the calculation of the working tax credit is £14,600 or less;
c
income-based jobseeker’s allowance under the Jobseekers Act 1995 ; and
d
guarantee credit under the State Pension Credit Act 2002 .
4
Where it appears to the Lord Chancellor that the payment of any fee prescribed by this Order would, owing to the exceptional circumstances of the particular case, involve undue financial hardship, he may reduce or remit the fee in that case.
5
1
Subject to paragraph (2), where a fee has been paid at a time —
a
when, under article 3, it was not payable, the fee shall be refunded;
b
where the Lord Chancellor, if he had been aware of all the circumstances, would have reduced the fee under article 4, the amount by which the fee would have been reduced shall be refunded; and
c
where the Lord Chancellor, if he had been aware of all the circumstances, would have remitted the fee under article 4, the fee shall be refunded.
2
No refund shall be made under paragraph (1) unless the party who paid the fee applies within 6 months of paying the fee.
3
The Lord Chancellor may extend the period of 6 months referred to in paragraph (2) if he considers that there is good reason for an application being made after the end of the period of 6 months.
6
Where by any convention entered into by Her Majesty with any foreign power it is provided that no fee shall be required to be paid in respect of any proceedings, the fees specified in this Order shall not be taken in respect of those proceedings.
Revocations
7
The Orders specified in Schedule 2, in so far as they were made under sections 414 and 415 of the Insolvency Act 1986 and section 128 of the Finance Act 1990, shall be revoked.
Falconer of Thoroton, C
Dated 22nd November 2004
We consent,
John Heppell
Nick Ainger
Two of the Lords Commissioner’s of Her Majesty’s Treasury
Dated 25th November 2004