text:
Citation and commencement
1
1
This Order may be cited as the County of Warwickshire (Electoral Changes) Order 2004.
2
This Order, with the exception of article 4, 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 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Article 4 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Stoneleigh 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 –
“county” means the county of Warwickshire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Warwickshire (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Warwickshire County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Warwickshire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into fifty-six electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
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.
Wards of the parish of Stoneleigh
4
1
The existing wards of the parish of Stoneleigh shall be abolished.
2
The parish shall be divided into three parish wards which shall bear the names Burton Green, Stoneleigh and University; and the wards shall comprise the areas designated on sheet 3 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Stoneleigh parish ward shall be four and for each of the Burton Green and University parish wards shall be two.
Maps
5
Warwickshire County Council shall make a print of the map marked “Map referred to in the County of Warwickshire (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 each district or borough in the county 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 County of Warwickshire (Electoral Arrangements) Order 1981 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


type: legislation

jurisdiction: UK

text:
Title and commencement
1
This Order may be cited as the Food Protection (Emergency Prohibitions) (Scallops) (Irish Sea) (Amendment) Order 2004 and shall come into force on 14 th August 2004.
Amendment
2
1
The Food Protection (Emergency Prohibitions) (Scallops) (Irish Sea) Order 2004 shall be amended in accordance with paragraphs (2) and (3).
2
For article 4 (activities prohibited in the designated area) there shall be substituted the following article —
4
No person shall fish for or take any scallops in the designated area.
.
3
For the Schedule there shall be substituted the following Schedule —
SCHEDULE
DESIGNATED AREA
That area of the sea enclosed by a line starting at a point where the southern boundary of the Scottish Zone crosses 4°30' West longitude; then in a generally north–easterly direction along that boundary of the Scottish Zone to the point where it crosses 4° West longitude; then south to a point at 54°30' North latitude 4° West longitude; then west to 54°30' North latitude 4°30' West longitude; then north to the point of beginning.
.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
12th August 2004


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value Authorities) (Power to Trade) (England) (Amendment No. 2) Order 2004 and shall come into force on 27th October 2004.
Amendment of the Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004
2
The Local Government (Best Value Authorities) (Power to Trade) (England) Order 2004 is amended, in the Schedule (fire and rescue authorities to which article 4 applies and services that may be provided for a commercial purpose), in the entry for Essex Fire Authority, by the insertion in column 2 of —
10
Vehicle maintenance and repair.
.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
29th September 2004


text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 5) Order 2004 and shall come into force on 10th August 2004.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (2).
Penny Jones
A Divisional Manager in the
Department for Education and Skills
14th July 2004


text:
Citation, Commencement and extent
1
1
These Regulations may be cited as the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Amendment (Revocation) (England) Regulations 2004 and shall come into force on 1st January 2005.
2
This Order shall not form part of the law of Northern Ireland.
Revocation
2
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 Amendment Regulations 2001 are hereby revoked insofar as they extend to England.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th December 2004


text:
General
Citation and commencement
1
These rules may be cited as the Commonhold (Land Registration) Rules 2004 and shall come into force on the day that section 2 of the Act comes into force.
Interpretation
2
1
In these rules —
“the Act” means Part 1 of the Commonhold and Leasehold Reform Act 2002,
“commonhold entries” means the entries referred to in paragraphs (a) to (c) of rule 28(1) and
“main rules” means the Land Registration Rules 2003.
2
In these rules except where otherwise stated, a form referred to by letters or numbers means the form so designated in Schedule 1 to these rules.
Land registration rules
3
1
Land registration rules within the meaning of the Land Registration Act 2002 have effect in relation to anything done by virtue of or for the purposes of the Act as they have effect in relation to anything done by virtue of or for the purposes of the Land Registration Act 2002 subject to paragraphs (2) and (3).
2
Rules 3(3)(a), 3(4)(a), 126, 127 and 214 of the main rules shall not apply to any application made under the Act.
3
In its application to the Act —
a
subject to paragraph (2), rule 3 of the main rules (individual registers and more than one registered estate, division and amalgamation) shall apply as if the words “and are vested in the same proprietor” in paragraph (1) and the words “and are vested in the same proprietor” in paragraph (4) were omitted,
b
rule 54 of the main rules (outline applications) shall apply as if paragraph (6) of that rule referred to the forms in Schedule 1 to these rules,
c
rules 136 to 138 of the main rules (exempt information documents) shall apply as if a commonhold community statement and a memorandum and articles of association of a commonhold association were excluded from the definition of a “relevant document” in rule 136(7),
d
for the purposes of rule 208 of the main rules (Welsh language forms) the forms in Schedule 1 to these rules shall be treated as if they were scheduled forms within the meaning of the main rules,
e
rules 210 and 211 of the main rules (documents in a Schedule 1 form and electronically produced forms) shall apply to the forms in Schedule 1 to these rules as they apply to the forms in Schedule 1 to the main rules, and
f
Parts 3 and 4 of Schedule 6 to the main rules (information to be included in the results of certain official searches) shall apply as if the words “relevant pending application” included any application made under the Act.
Applications
Lodging a copy document
4
1
This rule applies to —
a
the commonhold association’s certificate of incorporation,
b
any altered certificate of incorporation,
c
the memorandum and articles of association of the commonhold association,
d
any altered memorandum or articles of association of the commonhold association,
e
a commonhold community statement,
f
any amended commonhold community statement,
g
an order of the court under the Act, and
h
a termination statement.
2
Where the Act or these rules requires an application to be accompanied by a document referred to in paragraph (1), a certified copy of that document may be submitted in place of the original.
3
Where the original document is lodged a certified copy must accompany it.
Application for registration
5
1
An application to register a freehold estate in land as a freehold estate in commonhold land must be made in Form CM1 accompanied, where appropriate, by the statement required by section 9(1)(b) of the Act.
2
The statement required by section 9(1)(b) of the Act shall be in Form COV.
3
Unless the Registrar otherwise directs, the application must be accompanied by a statutory declaration made by the applicant that complies with rule 6.
Statutory declaration
6
1
The statutory declaration referred to in rule 5(3) must comply with paragraphs (2) to (6).
2
The declaration must list the consents, or orders of court dispensing with consent, that have been obtained under or by virtue of section 3 of the Act.
3
Where there is a restriction entered in any individual register affected by the application, the declaration must confirm that either the restriction does not protect an interest in respect of which the consent of the holder is required or, if it does that the appropriate consent has been obtained.
4
The declaration must confirm that —
a
no other consents are required under or by virtue of section 3 of the Act,
b
no consent has lapsed or been withdrawn, and
c
if a consent is subject to conditions, all conditions have been fully satisfied.
5
Where the application involves the extinguishment under section 22 of the Act of a charge that is the subject of an entry in the register the declaration must —
a
identify the charge to be extinguished
b
identify the title of the owner of the charge,
c
give the name and address of the owner of the charge, and
d
confirm that the consent of the owner of the charge has been obtained.
6
The Registrar must accept the statutory declaration as conclusive evidence that no additional consents are required under or by virtue of section 3 of the Act and must cancel any entry in the register relating to an interest that has been identified in the statutory declaration to be extinguished.
Form of consent
7
The form of consent required under or by virtue of sections 3 and 41 of the Act is Form CON 1.
Rejection or cancellation of application
8
In addition to the Registrar’s powers contained in rule 16 of the main rules, the Registrar may reject an application on delivery or he may cancel it at any time thereafter if plans submitted with it (whether as part of the commonhold community statement or otherwise) are insufficiently clear or accurate.
Title to interests
9
1
Where a consent required under or by virtue of section 3 of the Act has been lodged relating to an interest which is unregistered or is the subject of only a notice, caution or restriction in the register, the applicant must also lodge sufficient evidence to satisfy the Registrar that the person whose consent has been lodged is the person who was entitled to that interest at the time the consent was given.
2
For the purposes of paragraph (1), the Registrar may accept as sufficient evidence of entitlement a conveyancer’s certificate that he is satisfied that the person whose consent has been lodged in relation to that interest is the person who was entitled to it at the time the consent was given and that he holds evidence of this.
Service of notice — extinguished leases
10
1
Subject to paragraph (3), where, as the result of an application under section 2 of the Act, a lease the title to which is registered is extinguished under section 9(3)(f) of the Act, the Registrar must give notice of the closure of the leasehold title to the following —
a
the registered proprietor of the leasehold title,
b
the registered proprietor of any charge affecting the leasehold title, and
c
the person entitled to the benefit of a notice, a restriction or a caution against dealings entered in the register of the leasehold title.
2
Subject to paragraph (3), where, as the result of an application under section 2 of the Act, an unregistered lease which is noted in the register of the freehold title is extinguished under section 9(3)(f) of the Act, the Registrar must give notice of the completion of the application to the holder of the leasehold estate that has been extinguished.
3
The Registrar is not obliged to give notice to a person referred to in paragraph (1) or (2) or in both if —
a
that person consented under section 3 of the Act to the application, or
b
that person’s name and his address for service under rule 198 of the main rules are not set out in the relevant individual register.
Service of notice at end of transitional period — extinguished leases
11
1
Subject to paragraph (3), where a lease the title to which is registered is extinguished under section 7(3)(d) of the Act and rule 29 (2) applies, the Registrar must give notice of the closure of the leasehold title to the following —
a
the registered proprietor of the leasehold title,
b
the registered proprietor of any charge affecting the leasehold title, and
c
the person entitled to the benefit of a notice, a restriction or a caution against dealings entered in the register of the leasehold title.
2
Subject to paragraph (3), where an unregistered lease which is noted in the register of the freehold title is extinguished under section 7(3)(d) and rule 29(2) applies, the Registrar must give notice of the completion of the application to the holder of the leasehold estate that has been extinguished.
3
The Registrar is not obliged to give notice to a person referred to in paragraph (1) if —
a
that person consented under section 3 of the Act to the application, or
b
that person’s name and his address for service under rule 198 of the main rules are not set out in the relevant individual register.
Court order
12
An application to give effect in the register to an order of the court under the Act, other than a succession order, must be made in Form AP1 of the main rules.
Registration of an amended commonhold community statement
13
1
An application to register an amended commonhold community statement must be made in Form CM3.
2
The application must be accompanied by a new version of the commonhold community statement incorporating the amendments.
3
On completion of the application, the Registrar must enter a note of the amended commonhold community statement in the register of the title to the common parts in a manner that distinguishes it from previous versions of the commonhold community statement.
Cessation of commonhold during the transitional period
14
1
An application for the freehold estate in land to cease to be registered as a freehold estate in commonhold land during the transitional period must be made in Form CM2.
2
When satisfied that the application is in order, the Registrar must cancel to the necessary extent the commonhold entries made in the register under rule 28(1)(a) to (c).
3
Unless the Registrar otherwise directs, the application must be accompanied by —
a
a statutory declaration made by the applicant that complies with rule 6 to the extent necessary, and
b
all necessary consents in Form CON 2.
Transfer of part of a commonhold unit
15
1
An application to register a transfer of the freehold estate in part only of a commonhold unit must be accompanied by an application in Form CM3 to register the commonhold community statement that has been amended in relation to the transfer.
2
The Registrar may reject on delivery the application to register the transfer, or he may cancel it at any time thereafter, if it is not accompanied by an application to register the amended commonhold community statement.
Transfer of part of the common parts
16
1
An application to register a transfer of the freehold estate in part of the common parts must be accompanied by an application in Form CM3 to register the commonhold community statement that has been amended in relation to the transfer.
2
The Registrar may reject on delivery the application to register the transfer, or he may cancel it at any time thereafter, if it is not accompanied by an application to register the amended commonhold community statement.
Alteration of the extent of a commonhold unit
17
1
An application to register an amended commonhold community statement in Form CM3 which would have the effect of altering the extent of a commonhold unit (other than by removing the whole of the unit) must be accompanied by an application to register any relevant transfer.
2
Where there is a relevant transfer, the Registrar may reject on delivery the application to register the amended commonhold community statement, or he may cancel it at any time thereafter, if paragraph (1) is not complied with.
Alteration of the extent of the common parts
18
1
An application to register an amended commonhold community statement in Form CM3 which would have the effect of altering the extent of the common parts (unless section 30(4) of the Act applies) must be accompanied by an application to register any relevant transfer.
2
Where there is a relevant transfer, the Registrar may reject on delivery the application to register the amended commonhold community statement, or he may cancel it at any time thereafter, if paragraph (1) is not complied with.
Registration of an altered memorandum or articles of association
19
1
An application to register an altered memorandum or articles of association must be made in Form CM3.
2
The application must be accompanied by a new version of the memorandum or articles of association of the commonhold association incorporating the amendments.
3
On completion of the application, the Registrar must enter a note of the altered memorandum or articles of association in the register of the title to the common parts in a manner that distinguishes them from previous versions of the memorandum or articles of association of the commonhold association.
Application to add land
20
1
An application to add land within the meaning of section 41 of the Act must be made in Form CM4.
2
Such an application must be accompanied by an application to register the amended commonhold community statement in Form CM3.
3
The Registrar may reject on delivery the application to add land, or he may cancel it at any time thereafter, if it is not accompanied by an application to register the amended commonhold community statement.
4
Unless the Registrar otherwise directs the application must be accompanied by a statutory declaration by the applicant that complies with rule 6 to the extent necessary.
Termination application following a voluntary winding up
21
1
A termination application must be —
a
made in Form CM5, and
b
accompanied by the order, appointment by the Secretary of State or resolution under which the liquidator was appointed and such other evidence as the Registrar may require.
2
Where a termination application is made and the liquidator notifies the Registrar that he is content with the termination statement, or sends to the Registrar a copy of the court’s determination of the terms of the termination statement, the Registrar must —
a
enter the commonhold association as proprietor of the commonhold units, and
b
cancel the commonhold entries on every registered title affected.
Application to terminate a commonhold registration following the winding-up of a commonhold association by the court
22
1
An application to terminate a commonhold registration where the court has made a winding — up order in respect of a commonhold association and has not made a succession order must be made in Form CM5.
2
When the Registrar has received notification under section 54(2)(c) to (f) of the Act, and is otherwise satisfied that the application is in order, he may cancel the commonhold entries on the registered titles affected.
Registration of a successor commonhold association
23
1
Where a succession order is made, an application must be made to the Registrar to register the successor commonhold association in Form CM6.
2
Unless the Registrar otherwise directs, the application must be accompanied by —
a
the succession order,
b
the memorandum and articles of association of the successor commonhold association, and
c
the winding up order.
3
When satisfied that the application is in order, the Registrar must —
a
cancel the note of the memorandum and articles of association of the insolvent commonhold association in the property register of the registered title to the common parts,
b
enter a note of the memorandum and articles of association of the successor commonhold association in the property register of the registered title to the common parts, and
c
give effect to the terms of the succession order in the individual registers of the registered titles affected.
4
Where a succession order includes provisions falling within section 52(4) of the Act, the successor commonhold association must make an application to give effect in the register to those provisions so far as necessary.
Application to register surrender of a development right
24
1
An application to note the surrender of a right conferred by section 58(2) of the Act in the register must be accompanied by a notice in Form SR1.
2
When satisfied as to the application, the Registrar must complete it by entering the notice surrendering the right in the property register of the registered title to the common parts.
Official copies
25
An application for official copies of the individual register and title plan of the common parts in relation to a commonhold must be made by inserting the following words in panel 9 of Form OC1 in Schedule 1 of the main rules —
“official copy(ies) of the register and title plan of the common parts in a commonhold development.”
Searches of the index map
26
If a person who applies for a search of the index map requires the title numbers of the units in relation to a commonhold, he must insert the common parts title number followed by the words “common parts” in panel 2 of Form SIM in Schedule 1 of the main rules or supply a plan of the commonhold land showing sufficient detail to enable the land to be clearly identified on the Ordnance Survey map.
The Register
Restrictions
27
To give effect to the terms of the Act the Registrar must —
a
enter a restriction in Form CA in Schedule 2 in the individual register of the common parts title, and
b
enter a restriction in Form CB in Schedule 2 in the individual register of each unit title.
Completion of application for registration
28
1
When satisfied that an application under section 2 of the Act is in order, the Registrar must complete it by entering in the individual register of the affected registered titles —
a
a note that the freehold estate is registered as a freehold estate in commonhold land,
b
a note of the memorandum and articles of association of the commonhold association and the commonhold community statement,
c
where the application is not accompanied by Form COV, a note that the rights and duties conferred and imposed by the commonhold community statement will not come into force until the end of the transitional period, and
d
where the application is not accompanied by Form COV, the applicant as proprietor of the registered title to each of the units and as proprietor of the registered title to the common parts.
2
Where an application to register the freehold estate in land as the freehold estate in commonhold land is accompanied by Form COV, the Registrar must —
a
cancel notice of any lease extinguished under section 9(3)(f) of the Act, and
b
close the title if the lease is registered.
End of transitional period
29
1
This rule applies where an application has been made under section 2 of the Act and was not accompanied by Form COV.
2
Where the Registrar is aware that the transitional period has come to an end, he must —
a
cancel the entries made in the register under rule 28(1)(c),
b
cancel notice of any lease extinguished under section 7(3)(d) of the Act, and
c
close the title to any such lease where the lease is registered.
Leases of commonhold units
30
When a term of years absolute is created in a commonhold unit and the lease is registered, the Registrar must enter a note in the property register of the leasehold title that it is a lease of a commonhold unit.
Changing size: charged unit
31
On an application to which rule 15 or rule 17 relates and where section 24(1) of the Act applies, on receipt of Form COE, the Registrar must give effect in the register to section 24(4) and (5) of the Act as appropriate.
Charges over common parts
32
Where a charge is extinguished, in whole or in part, under section 28(3) or section 28(4) of the Act, the Registrar must cancel or alter as appropriate any entry of the charge in the register to the extent that it is extinguished.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
14th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Appeals) (Amendment) Regulations 2004 and shall come into force on 16th March 2004.
Amendment of the Tax Credit (Appeals) Regulations 2002
2
1
The Tax Credits (Appeals) Regulations 2002 are amended as follows.
2
Omit regulation 7(3) (which provides for the modification of Schedule 4 to the Social Security Act 1998 in respect of tax credits).
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
13th February 2004
The Lord Chancellor consents.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State
Department for Constitutional Affairs
4th February 2004
The Scottish Ministers consent
Cathy Jamieson
A Member of the Scottish Executive
9th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Education (Modifications to Requirements for Pupil Performance Information) (England) Regulations 2004 and shall come into force on 1st May.
Interpretation
2
In these Regulations —
“assessed” means assessed pursuant to the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2003 , except that the provisions of article 7(2) and (3) shall not apply, and “assessment” shall be construed accordingly.
Application and extent
3
1
These Regulations apply only to England.
2
These Regulations apply in relation to any pupil in the final year of the first key stage in the school year ending 2004 who is registered at one of the schools listed in Schedule 1 to the Direction made by the Secretary of State under section 90 of the Education Act 2002 on 29th March 2004.
Modification of Regulations
4
The statutory instruments referred to in regulations 5 to 8 shall apply subject to the modifications set out therein, insofar as they impose requirements in relation to the reporting of information concerning the performance of any pupil referred to in regulation 3.
Modifications to the Education (Governors' Annual Reports) (England) Regulations 1999
5
1
In this regulation any reference to the Schedule is a reference to the Schedule to the Education (Governors' Annual Reports) (England) Regulations 1999 .
2
Any reference in paragraph 8 of the Schedule (Information to be Contained in Governors' Reports) to “assessed”, “assessment” or “teacher assessment” in relation to the attainment levels in respect of mathematics, spelling or any of the attainment targets in English shall be construed in accordance with the definition of “assessed” in regulation 2 of these Regulations.
3
Notwithstanding paragraph 8(3) of the Schedule, the information referred to in paragraph 8(2)(a) shall be given in respect of an assessment by the teacher only, in relation to mathematics, spelling and each of the attainment targets in English.
Modifications to the Education (Pupil Information) (England) Regulations 2000
6
1
In this regulation any reference to a numbered Schedule is a reference to the Schedule so numbered to the Education (Pupil Information) (England) Regulations 2000 .
2
Any reference in paragraph 1 of Schedules 1 to 3 and in paragraphs 1 and 2(2)(a) of Schedule 5 to “teacher assessment” in relation to the pupil’s subject level in respect of mathematics or any of the attainment targets in English entitled “Speaking and Listening”, “Reading” and “Writing” shall be construed in accordance with the definition of “assessed” in regulation 2 of these Regulations.
3
In paragraph 1 of Schedule 1 (Information about Individual Pupils) —
a
the words after “science” in sub-paragraph (2) shall be disregarded; and
b
the words after ‘Writing’ (where it appears for the first time) in sub-paragraph (3) shall be disregarded.
4
In paragraph 1(1) of Schedule 2 (Information about Pupils at the School), the words after “assessment” in paragraphs (a) and (d) shall be disregarded.
5
In paragraph 1 of Schedule 3 (Information about Pupils at Schools in England) —
a
the words after “assessment” in sub-paragraph (2)(a) and (c) shall be disregarded; and
b
sub-paragraph (5) shall not apply.
6
In Schedule 5 (Common Transfer Information) —
a
paragraph 1(4) shall not apply;
b
paragraph 2(2)(b) to (e) shall not apply;
c
paragraph 3(2)(c) shall not apply;
d
in paragraphs 3(2)(a) and 4(2)(a) the reference to the information set out in paragraph 2(2)(a) shall be to the information set out therein, as modified by paragraph (2) of this Regulation; and
e
paragraph 4(2)(d) shall not apply.
Modifications to the Education (School Performance Information) (England) Regulations 2001
7
In paragraph 1 of Schedule 1 (Provision of Information to Local Education Authorities: First Key Stage Results) to the Education (School Performance Information) (England) Regulations 2001 —
a
any reference to “assessed” or “teacher assessment” in relation to the pupil’s level of attainment in respect of any core subject, other than science, or in respect of any of the attainment targets of these core subjects, shall be construed in accordance with the definition of “assessed” in regulation 2 of these Regulations;
b
sub-paragraph (2)(d) shall not apply; and
c
notwithstanding sub-paragraph (3), only the results of the assessment by the teacher shall be given in relation to mathematics and each of the attainment targets in English.
Modifications to the Education (School Information) (England) Regulations 2002
8
In paragraph 9 of Schedule 3 (Information to be Published by Governing Bodies) to the Education (School Information) (England) Regulations 2002 —
a
any reference to “assessed” or “assessment” in relation to the attainment levels in respect of mathematics, spelling or any of the attainment targets in English shall be construed in accordance with the definition of “assessed” in regulation 2 of these Regulations; and
b
notwithstanding sub-paragraph (7), the information referred to in sub-paragraph (2)(a) and (b) and sub-paragraph (4) shall be given in respect of an assessment by the teacher only, in relation to mathematics, spelling and each of the attainment targets in English.
Stephen Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
6th April 2004


text:
Citation and commencement
1
1
This Order may be cited as the Bridlington Harbour Revision (Constitution) Order 2004 and shall come into force on 28th May 2004.
2
The Bridlington Harbour Act and Orders 1837 to 1996 and this Order may be cited together as the Bridlington Harbour Act and Orders 1837 to 2004.
Incorporation of section 60 of the Commissioners Clauses Act 1847
2
Section 60 of the Commissioners Clauses Act 1847 shall be incorporated with this Order.
Interpretation
3
In this Order —
“the Commissioners” means the Bridlington Harbour Commissioners or in respect of any period prior to the new constitution date, the Commissioners of Bridlington Piers and Harbour;
“the new constitution date” means 1st October 2004.
Constitution of Commissioners
4
1
On and after the new constitution date, the Commissioners of Bridlington Piers and Harbour shall be known as the Bridlington Harbour Commissioners and shall consist of —
a
ten members appointed by the Commissioners; and
b
the Chief Executive for the time being of the Commissioners.
2
Each Commissioner appointed under paragraph (1)(a) above shall be a person who appears to the Commissioners to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Commissioners of their functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
the management of harbours;
b
the fishing industry;
c
management of water related leisure activities;
d
shipping or other forms of transport;
e
financial management;
f
the laws relating to England;
g
safety or personnel management;
h
commercial marketing or information technology;
i
environmental matters affecting harbours;
j
community interest; and
k
any other skills and abilities considered from time to time by the Commissioners to be relevant to the discharge by them of their functions;
and the Commissioners shall secure, so far as reasonably practicable, that the Commissioners appointed by them will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by them of their functions.
3
In making an appointment under paragraph (1)(a) above or article 8 below, the Commissioners shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first Commissioners
5
1
The first appointments under article 4(1)(a) above shall be made before 1st September 2004.
2
The Commissioners shall appoint the person who is, at the date when they make the first appointments under paragraph (1) above, the chairman of the Commissioners to be one of the first of such appointed Commissioners and he shall hold office as a Commissioner from the new constitution date until 31st May 2007; and on and after the new constitution date shall be the chairman of the Commissioners.
3
Of the remaining first such appointed Commissioners —
a
three shall hold office from the new constitution date until 31st September 2005;
b
three shall hold office from the new constitution date until 31st September 2006;
c
three shall hold office from the new constitution date until 31st September 2007;
as the Commissioners shall specify when they make each of those appointments.
Terms of office of subsequent Commissioners
6
A Commissioner appointed under article 4(1)(a) above (other than a Commissioner appointed under article 5 above) shall, unless appointed to fill a casual vacancy and subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order, hold office for the period of three years from 1st October next following his appointment.
Declaration to be made by Commissioners
7
No person shall act as a Commissioner until he has made the declaration set out in Schedule 1 to this Order or a declaration to that effect; and a person shall cease to be a Commissioner if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies
8
1
A casual vacancy arising in the office of a Commissioner appointed by the Commissioners shall, unless it is not reasonably practicable to do so, be filled by the appointment of a Commissioner by the Commissioners in accordance with the requirements of article 4(2) and (3) above.
2
A Commissioner appointed to fill a casual vacancy under this article shall, subject to articles 7 and 9 of, and paragraph 10 of Schedule 2 to, this Order hold office during the remainder of the term for which the Commissioner whom he replaces was appointed.
Disqualification of Commissioners
9
If the Commissioners are satisfied that a Commissioner —
a
has without the permission of the Commissioners been absent from meetings of the Commissioners —
i
for a period during which three such meetings have been held; or
ii
for a period of three consecutive months,
whichever of these periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a Commissioner; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a Commissioner;
the Commissioners may declare his office as a Commissioner to be vacant and thereupon his office shall become vacant.
Indemnity insurance for Commissioners
10
The Commissioners may enter into, and pay premiums for, a contract of insurance to indemnify the Commissioners jointly or severally against personal liability arising from any act or omission of the Commissioners or of any of them; not being an act or omission which the Commissioner or Commissioners in question knew to be a breach of his or their duty or, concerning which, he or they were reckless as to whether it was such a breach.
Incidental provisions relating to Commissioners
11
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Commissioners.
Publication of Commissioners' annual statement of accounts
12
As soon as reasonably practicable after their annual statement of accounts is prepared, the Commissioners shall —
a
make available a copy of the statement for a period of three months at the offices of the Commissioners for inspection free of charge by members of the public and shall, subject to the payment of a reasonable charge, supply a copy of the statement to any person who requests to be supplied with a copy;
b
provide a copy of the statement to the public library at Bridlington for inspection free of charge by members of the public; and
c
send a copy of the statement to the proper officer of the East Riding of Yorkshire Council.
Borrowing powers
13
1
Subject to paragraph (2) below, the Commissioners may from time to time borrow upon the security of their assets for the time being or of their revenues or both their assets and their revenues, by any methods they see fit such sums of money as they think necessary not exceeding five million pounds; or that sum as adjusted in accordance with article 15 below.
2
In calculating the aggregate sums of money borrowed by the Commissioners under paragraph (1) above, there shall be excluded any sums borrowed for the purpose of repaying within twelve months of the date of borrowing any sum for the time being outstanding by way of principal on any amount previously borrowed.
3
Moneys borrowed by the Commissioners under this article shall be applied only to purposes to which capital money is properly applicable.
4
For the purposes of paragraph (3) above, but without prejudice to the generality of that paragraph, purposes to which capital money is properly applicable shall be deemed to include —
a
the payment of any interest, falling due within five years immediately following the date of borrowing, on any sum of money borrowed by the Commissioners under this article; and
b
the repayment, within twelve months from the date of borrowing, of any sum for the time being outstanding by way of principal on any amount previously borrowed.
Temporary borrowing powers
14
The Commissioners may borrow temporarily, by way of overdraft or otherwise, such sums of money as the Commissioners may require but the total amount outstanding at any one time of money so borrowed shall not exceed five hundred thousand pounds or that sum as adjusted in accordance with article 15 below.
CPI adjustment of borrowing limits
15
1
On each anniversary of the new constitution date the sums mentioned in articles 13(1)(a) and 14 above shall be adjusted in line with any movement (calculated to one decimal place) in CPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Commissioners.
3
In paragraph (1) above, “CPI” means the Consumer Price Index, being the main measure of inflation published in the monthly publication of the Office for National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Consultative bodies
16
1
The Commissioners shall establish one or more consultative body or bodies which the Commissioners shall consult on all matters substantially affecting the management, maintenance, improvement, conservation, protection or regulation of the harbour and its navigation.
2
The Commissioners shall take into consideration any matter, recommendation or representation which may from time to time be referred or made to them by such a consultative body whether or not that consultative body has been consulted by the Commissioners on the matter, recommendation or representation so referred or made.
3
Appointments to a consultative body established under this article shall be made by the Commissioners in accordance with a scheme prepared by them for that purpose and the scheme shall provide for the appointment of persons who, in the opinion of the Commissioners, are representative of persons having an interest in the functioning of the harbour.
4
Any such consultative body may determine its own quorum and procedure and shall appoint a chairman.
5
The Commissioners shall make arrangements for every such consultative body to meet not less than twice a year.
6
A member of such a consultative body shall hold office for the period of three years from the date of his appointment and at the end of that period shall be eligible for reappointment.
7
An individual member of any such consultative body may, on giving notice in writing to the Chairman of that body, send a substitute to any meeting of that body.
8
A member of such a consultative body may resign his office at any time by notice in writing given to the Chairman of the Commissioners.
Repeals and revocations
17
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed or revoked to the extent specified in the third column of that Schedule.
Signed by authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division
Department for Transport
21st May 2004


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) (Establishment and Constitution) Order 2004 and shall come into force on 1st April 2004.
2
This Order applies to England and Wales except for Article 3(b) which applies to England only.
3
In this Order —
“ the Act ” means the National Health Service Act 1977; and
“ the Agency ” means the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) Special Health Authority established by this Order;
“appropriate authority” means —
in relation to England, the Secretary of State for Health, and
in relation to Wales, the National Assembly for Wales;
“the NHS Pension Scheme ” means the National Health Service Pension Scheme for England and Wales ;
“the 1997 Directions ” means the Directions to the Morecambe Bay Health Authority with respect to the calculation of student allowances which came into force on 1st October 1997 ;
“the 1999 Directions ” means the Directions to the Morecambe Bay Health Authority with respect to the calculation of student allowances dated 10 February 1999 ;
“the 1997 Agreement ” means the Agreement which had effect from 1st October 1997 made between Morecambe Bay Health Authority and Blackpool Victoria Hospital National Health Service Trust .
Establishment of the Agency
2
There is hereby established a Special Health Authority which shall be known —
a
in English as the NHS Pensions Agency; and
b
in Welsh as Asianthaeth Pensiynau'r GIG.
Functions of the Agency
3
Subject to and in accordance with such directions as the appropriate authority may give to the Agency , the Agency shall perform such functions in connection with —
a
the NHS Pension Scheme;
b
the making of grants, and payment of fees and allowances to persons or bodies with whom arrangements have been made for the provision of instruction under section 63 of the Health Services and Public Health Act 1968 ; and
c
such other functions,
as the appropriate authority may direct.
Constitution of the Agency
4
The Agency shall consist of —
a
a chairman;
b
not less than 5 and not more than 7 members who are not officers of the Agency in addition to the chairman; and
c
not more than 5 members who are officers of the Agency including the persons who for the time being hold the office of Chief Executive and Director of Finance of the Agency.
Remuneration of members
5
The Agency is hereby specified for the purposes of paragraph 9(7)(b) of Schedule 5 to the Act (definition of “relevant authority” for the purposes of paying remuneration to members of certain Special Health Authorities).
Public meetings
6
The Public Bodies (Admission to Meetings) Act 1960 shall apply to the Agency.
Enforceability of rights and transfer of liabilities
7
1
Any right that was, immediately before 1st April 2004, enforceable by or against Cumbria and Lancashire Strategic Health Authority in respect of the 1997 and the 1999 Directions is transferred to the Agency and therefore shall, on or after that date, be enforceable by or against the Agency.
2
All liabilities of Cumbria and Lancashire Strategic Health Authority relating to the exercise of those functions it was directed to exercise under the 1997 and the 1999 Directions shall on 1st April 2004 be transferred to the Agency and are therefore enforceable against it.
3
Any right that was, immediately before 1st April 2004, enforceable by or against Blackpool, Fylde and Wyre Hospitals National Health Service Trust in respect of the 1997 Agreement shall on 1st April 2004 be transferred to the Agency and be enforceable by or against the Agency.
4
All liabilities of Blackpool, Fylde and Wyre Hospitals National Health Service Trust in respect of the 1997 Agreement, shall on 1st April 2004 be transferred to the Agency and are therefore enforceable against it.
Transfer of officers
8
1
This paragraph applies in relation to an officer of Blackpool, Fylde and Wyre Hospitals National Health Service Trust who on 31st March 2004 is wholly or mainly engaged in the performance of the functions specified in the 1997 Agreement and who was notified in writing on 9th January 2004 that he was to be transferred to the Agency.
2
Any officer to whom paragraph (1) applies shall, on 1st April 2004, be transferred to the employment of the Agency.
3
The contract of employment of an officer transferred under paragraph (2) —
a
is not terminated by the transfer; and
b
has effect from the time of the transfer as if originally made between the officer and the Agency.
4
Without prejudice to paragraph (3) —
a
all the rights, powers, duties and liabilities of the body from which an officer is transferred, under or in connection with its contract of employment with an officer transferred under paragraph (2), shall by virtue of this paragraph be transferred to the Agency; and
b
anything done before the date of the transfer by or in relation to the body from which that officer is so transferred, in respect of the officer or his contract of employment, shall be deemed to have been done by or in relation to the Agency.
5
Paragraphs (2) to (4) do not transfer an officer’s contract of employment, or the rights, powers, duties and liabilities under or in connection with it, if that officer objects to the transfer to the Agency and informs the body from which he would be transferred of that objection by 31st March 2004.
6
Where an officer objects as mentioned in paragraph (5), his contract of employment with the body from which he would be transferred shall be terminated immediately before the date on which the transfer would occur, but he shall not be treated, for any purpose, as having been dismissed from that body.
7
This article is without prejudice to any right of an officer to terminate his contract of employment if a substantial change is made to his detriment in his working conditions; but no such right shall arise by reason only that, under this article, the identity of his employer changes unless the officer shows that, in all the circumstances, the change is a significant change and is to his detriment.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
10th March 2004
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
John Marek
The Presiding Officer of the National Assembly
9th March 2004


text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 and shall come into force on the day after the day on which it is made.
Interpretation
2
1
In this Order–
“the 1988 Regulations ” means the Control of Misleading Advertisements Regulations 1988 ;
“the 1990 Act ” means the Broadcasting Act 1990 ;
“the 1994 Regulations ” means the Medicines (Monitoring of Advertising) Regulations 1994 ;
“the 1996 Act ” means the Broadcasting Act 1996 ;
“the 2003 Act” means the Communications Act 2003;
“authorised person” means a person authorised by OFCOM for the purposes of article 3, 6 or 7; and
“employee” in relation to a body corporate, includes any director or other officer of that body.
2
Except where an indication to the contrary appears, expressions used in this Order have the same meaning in this Order as they do in the 2003 Act.
Contracting out functions relating to advertising in the Communications Act 2003
3
1
Subject to article 5, any function relating to advertising may be exercised by, or by employees of, such persons (if any) as may be authorised in that behalf by OFCOM —
a
either wholly or to such extent as may be specified in the authorisation;
b
either generally or in such cases as may be so specified; and
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
2
In this Order, a “function relating to advertising” means a function which is a function of OFCOM and which is —
a
described in Part 1, 2 or 3 of the Schedule; and
b
exercised only for the purposes of or in connection with regulating standards and practice in advertising to be included in television and radio services.
4
1
Any function relating to advertising described in Part 2 of the Schedule may be exercised by a person authorised by virtue of article 3 where he considers that a contravention of OFCOM’s standards code (in so far as it relates to the regulation of standards and practice in advertising) in relation to a service to which that Part of the Schedule applies can be appropriately remedied by the inclusion of a correction or statement of findings (or both) in that service.
2
Any function relating to advertising described in Part 3 of the Schedule may be exercised by a person authorised by virtue of article 3 only so far as to determine that no such notice as is mentioned in that Part should be served on the holder of a Broadcasting Act licence or the Welsh Authority.
5
Nothing in this Order allows OFCOM to authorise the exercise by a person of any function relating to advertising for the purposes of or in connection with —
a
securing the standards objectives referred to in —
i
section 319(2)(g) of the 2003 Act (prohibition on political advertising),
ii
section 319(2)(j) of the 2003 Act (prevention of unsuitable sponsorship), and
iii
section 319(2)(k) of the 2003 Act (prevention of undue discrimination between advertisers);
b
section 321(4) of the 2003 Act (general responsibility with respect to advertising etc. );
c
section 321(5) of the 2003 Act (consulting the Secretary of State about advertising etc.);
d
giving directions pursuant to section 322 of or paragraph 16 of Part 2 of Schedule 12 to the 2003 Act in relation to a licensed service or the Welsh Authority respectively;
e
reporting to the Secretary of State pursuant to section 325(3) of the 2003 Act on any issues with regard to OFCOM’s standards code;
f
general standards and practice governing the sponsorship of programmes, including the prohibition of any form or method of sponsorship.
Contracting out functions relating to advertising in the Control of Misleading Advertisements Regulations 1988
6
1
Any function relating to the control of misleading advertising in the 1988 Regulations may be exercised by, or by employees of, such persons (if any) as may be authorised in that behalf by OFCOM —
a
either wholly or to such extent as may be specified in the authorisation;
b
either generally or in such cases as may be so specified; and
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
2
In this article, a “function relating to the control of misleading advertising” means a function conferred on OFCOM by or under the 1988 Regulations in connection with the following provisions of those Regulations —
a
regulation 8 (consideration of complaints about misleading or comparative advertisements in a licensed service);
b
regulation 9 (control by OFCOM of misleading advertisements and comparative advertising);
c
regulation 10 (consideration of complaints about misleading or comparative advertisements on S4C or S4C Digital); or
d
regulation 11 (control of misleading advertisements and comparative advertisements on S4C and S4C Digital).
Contracting out functions relating to advertising in the Medicines (Monitoring of Advertising) Regulations 1994
7
1
Any function relating to medicines advertising in the 1994 Regulations may be exercised by, or by employees of, such persons (if any) as may be authorised in that behalf by OFCOM —
a
either wholly or to such extent as may be specified in the authorisation;
b
either generally or in such cases as may be so specified; and
c
either unconditionally or subject to the fulfilment of such conditions as may be so specified.
2
In this article, a “function relating to medicines advertising” means a function conferred on OFCOM by or under the 1994 Regulations in connection with the following provisions of those Regulations —
a
regulation 9(1) (consideration of complaints about breaches of regulation 9 of the Medicines (Advertising) Regulations 1994 );
b
regulation 11(1) (directions for preventing the publication or further publication of an advertisement); or
c
regulation 11(4) (giving and communicating reasons for the decision).
Exercise of functions by an authorised person
8
1
Where any provision of the enactments listed in paragraph (3) authorises or requires anything to be done by OFCOM in connection with or for the purposes of a function which may also be exercised by an authorised person, each such enactment shall have effect in any case where that function is so exercised by that person as if a reference to OFCOM included a reference to the authorised person.
2
In the enactments listed in paragraph (3) any reference to a thing done by OFCOM shall have effect where it is done by an authorised person as though it included a reference to a thing done by that person.
3
The enactments are —
a
the 2003 Act;
b
the 1996 Act;
c
the 1990 Act;
d
the 1994 Regulations; and
e
the 1988 Regulations.
Production and retention of recordings
9
1
The modifications made by this article have effect in relation to any time at which an authorisation given by OFCOM by virtue of article 3 has effect.
2
In relation to any such time, section 69 of the Copyright, Designs and Patents Act 1988 (no infringement of copyright by use of recordings for certain supervisory purposes) shall have effect as if —
a
in subsection (2)(d), the reference to section 334(3) of the 2003 Act were a reference to that provision as modified by article 8; and
b
in subsection (3) —
i
the reference to the use of any thing mentioned in paragraph (a) or (b) of that subsection by OFCOM in connection with the performance of any function of theirs under the 1990, 1996 or 2003 Act included a reference to the use of that thing by another person in connection with his performance of any such function which he is authorised to perform by virtue of article 3; and
ii
the reference in paragraph (a) of that subsection to the provision of that thing to OFCOM included a reference to its provision to that other person.
3
In relation to any such time, paragraph 17 of Schedule 2 to that Act of 1988 (no infringement of rights in performances by use of recordings for certain supervisory purposes) shall have effect as if —
a
in sub-paragraph (2)(d), the reference to section 334(3) of the 2003 Act were a reference to that provision as modified by article 8; and
b
in sub-paragraph (3) —
i
the reference to the use of any thing mentioned in paragraph (a) or (b) of that sub-paragraph by OFCOM in connection with the performance of any function of theirs under the 1990, 1996 or 2003 Act included a reference to the use of that thing by another person in connection with his performance of any such function which he is authorised to perform by virtue of article 3; and
ii
the reference in paragraph (a) of that sub-paragraph to the provision of that thing to OFCOM included a reference to its provision to that other person.
Provision of information
10
1
Where OFCOM have authorised any person to exercise any function relating to advertising by virtue of article 3 (the relevant function) —
a
each of the provisions mentioned in paragraph (2) shall have effect as if the reference to conditions requiring the licence holder to provide or as the case may be furnish OFCOM in such manner and at such times with such information as is described there included a reference to conditions requiring the licence holder to provide the person so authorised with such information as that person may require for the purpose of exercising the relevant function; and
b
section 343 of the 2003 Act shall have effect as if the reference to the duty of the Welsh Authority to comply with every direction given to them by OFCOM to provide OFCOM with such information as is described there included a reference to a duty to comply with a direction given to the Welsh Authority by the person so authorised to provide him with such information as he may require for the purpose of exercising the relevant function in relation to the Welsh Authority.
2
The provisions are —
a
in the 1990 Act, sections 4(1)(c) and 87(1)(d);
b
in the 1996 Act, sections 4(1)(c) and 43(1)(d).
Disclosure of information
11
1
Section 393 of the 2003 Act (general restrictions on disclosure of information) shall apply to a person authorised by virtue of article 3 who obtains information with respect to a particular business in exercise of a power mentioned in subsection (1) of that section as it would apply to OFCOM in exercise of the same such power.
2
For the purposes of section 393(4) of the 2003 Act (relevant functions for the purposes of restrictions on disclosure of information), the following function is specified, namely any function of the Health Ministers conferred by or under the 1994 Regulations.
3
In this article “the Health Ministers” means the Ministers specified in section 1(1)(a) of the Medicines Act 1968 and in the case of anything falling to be done by them under the 1994 Regulations means any one of them acting alone or any two or more of them acting jointly.
Transitional provisions
12
1
In this article, references to an unresolved complaint are references to a complaint which —
a
was made before the date (“the effective date”) on which an authorisation given for the purposes of article 3, 6 or (as the case may be) 7 took effect, but had not been disposed of by OFCOM by that date; and
b
had it been made after the effective date, could have been disposed of by an authorised person by virtue of that authorisation.
2
The provision that may be made by an authorisation given for the purposes of article 3, 6 or 7 includes provision authorising a person to dispose of unresolved complaints; and where, and to the extent that, a person is so authorised —
a
anything done, or treated as done, by or in relation to OFCOM before the effective date for the purposes of or in connection with any such complaint shall be treated as if it had been done by or in relation to the person authorised to dispose of that complaint; and
b
this Order shall have effect as if that person had been authorised to dispose of the complaint at the time when the thing referred to in paragraph (a) was done.
3
In this article, references to disposing of a complaint are references to handling and resolving or (as the case may be) considering that complaint.
Andrew McIntosh
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
19th July 2004


text:
This Order may be cited as the Health Professions Council (Registration and Fees) (Amendment) Rules Order of Council 2004 and shall come into force on 18th October 2004.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Support (General) (Standard Interest Rate Amendment) (No.3) Regulations 2004 and shall come into force on 19 th September 2004.
2
In these Regulations —
a
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
b
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ; and
c
the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
3
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears, in accordance with paragraph 1(a) of Schedule 3A of the Decisions and Appeals Regulations (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support) —
i
from the first day of the benefit week which includes 26 th September 2004; or
ii
if the claim for income support is for a period commencing after 26 th September 2004, from the first day of the first benefit week commencing after 19 th September 2004;
b
in a case where income support is paid to the claimant in advance, in accordance with paragraph 1(b) of Schedule 3A to the Decisions and Appeals Regulations, from the first day of the first benefit week commencing after 26 th September 2004.
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “5.59 per cent.” there shall be substituted the words “5.88 per cent.”.
Revocation and saving of the Income Support (General) (Standard Interest Rate Amendment) (No.2) Regulations 2004
3
The Income Support (General) (Standard Interest Rate Amendment) (No.2) Regulations 2004 are hereby revoked save that those Regulations shall continue to have effect in relation to any particular claimant until these Regulations have effect in relation to that claimant.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
23rd August 2004


text:
1
This Order may be cited as the Patents (Convention Countries) Order 2004 and shall come into force on 31st January 2005.
2
The countries specified in Schedule 1 are declared to be convention countries for the purposes of section 5 of the Patents Act 1977.
3
The Orders set out in Schedule 2 are hereby revoked.
A K Galloway
Clerk to the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Immigration (Assisting Unlawful Immigration) (Section 25 List of Schengen Acquis States) Order 2004 and shall come into force on 1st December 2004.
Section 25 List of Schengen Acquis States
2
1
The list of States specified at paragraph (2) is hereby prescribed for the purposes of section 25 of the Immigration Act 1971.
2
The list is —
a
the Kingdom of Norway; and
b
the Republic of Iceland.
Des Browne
Minister of State
Home Office
1st November 2004


text:
Citation, commencement and effect
1
1
This Order may be cited as the Finance Act 2002, Schedule 26, Parts 2 and 9 (Amendment No. 2) Order and shall come into force on 31st December 2004.
2
This Order has effect in relation to periods of account beginning on or after 1st January 2005.
Amendments of Part 2 of Schedule 26
2
Part 2 of Schedule 26 to the Finance Act 2002 is amended as follows.
3
In paragraph 2, after sub-paragraph (2) insert —
3
Sub-paragraph (4) applies where a company, in accordance with generally accepted accounting practice, treats rights and liabilities under a contract to which it is party and which is not a loan relationship, as divided between —
a
rights and liabilities under one or more derivative financial instruments (“embedded derivatives”), and
b
the remaining rights and liabilities (the “host contract”).
4
The company shall be treated for the purposes of Schedule 26 as —
a
party to a relevant contract whose rights and liabilities consist only of those of the embedded derivative, or
b
if there is more than one embedded derivative, party to relevant contracts each of whose rights and liabilities consist only of those of one of the embedded derivatives.
5
Each relevant contract to which the company is treated as party under sub-paragraph (4) shall be treated as an option, a future or a contract for differences according to whether the rights and liabilities of the embedded derivative would be of that character if contained in a separate contract.
.
4
In paragraph 5A —
a
at the end of sub-paragraph (2)(a) add “or paragraph 2(4), and”;
b
at the end of sub-paragraph (2)(b) for “company, and” substitute “company.”; and
c
omit sub-paragraph (2)(c).
Amendments of Part 9 of Schedule 26
5
Part 9 of Schedule 26 to the Finance Act 2002 is amended as follows.
6
In paragraph 45D for sub-paragraph (8) substitute —
8
A loan relationship which is one to which sub-paragraph (1) applies, shall not be treated as a qualifying corporate bond by virtue of section 117(A1) of the Taxation of Chargeable Gains Act 1992, if this paragraph applies to the embedded derivative contract.
.
7
At the end of paragraph 45F add —
8
A loan relationship which is one to which sub-paragraph (1) applies, shall not be treated as a qualifying corporate bond by virtue of section 117(A1) of the Taxation of Chargeable Gains Act 1992, if this paragraph applies to the embedded derivative contract.
.
8
In paragraph 45G after sub-paragraph (1)(d) insert —
e
the additional conditions in sub-paragraph (1A) are satisfied.
1A
The additional conditions are —
a
the derivative contract is not one to which the company is party at any time in the accounting period for the purposes of a trade carried on by the company (but see sub-paragraph (1B)), and
b
the company is not a body falling within paragraph 45C(3) (authorised unit trusts etc ).
1B
The condition in sub-paragraph (1A)(a) does not apply if the company —
a
is party to the derivative contract for the purposes of life assurance business, or
b
is a mutual trading company.
.
9
Omit paragraph 45H.
10
After paragraph 45I insert —
Issuers of securities with embedded derivatives: deemed options
45J
1
This paragraph applies to a derivative contract of a company for an accounting period if the following conditions are satisfied —
a
section 94A of the Finance Act 1996 (loan relationships with embedded derivatives) has effect in relation to a debtor relationship of the company,
b
the derivative contract is the relevant contract, or one of the relevant contracts, to which the company is treated under subsection (2)(b) of that section as party in the case of that debtor relationship,
c
that relevant contract is treated by virtue of subsection (3) of that section as an option,
d
the additional conditions in sub-paragraph (2) are satisfied,
2
The additional conditions are —
a
at the time when the company became party to the debtor relationship —
i
it was not carrying on a banking business or a business as a securities house, or
ii
if it was carrying on such a business, it did not become party to the debtor relationship in the ordinary course of that business,
b
the derivative contract is not one to which any of paragraphs 6 to 8 applies,
c
the underlying subject matter of the derivative contract is shares,
d
the company is not a body falling within paragraph 45C(3) (authorised unit trusts etc).
3
Where this paragraph applies to a derivative contract for an accounting period —
a
paragraph 14(3) (non-trading credits and debits) shall not apply to the credits and debits given in relation to the contract for the accounting period by paragraph 15, but
b
sub-paragraph (5), (7) or (9) (as the case may be) of this paragraph shall, subject to sub-paragraph (4), apply instead.
4
Sub-paragraphs (5), (7) and (9) do not apply where the company is a party to the debtor relationship mentioned in sub-paragraph (1) immediately before the first accounting period to which this paragraph applies.
5
This paragraph applies if —
a
the option mentioned in sub-paragraph (1)(c) is exercised at any time in an accounting period, and
b
shares are issued or transferred in fulfilment of the obligations under the option (the “relevant disposal”)
and where it applies, section 144(2) of Taxation of Chargeable Gains Act 1992 (exercise of options) applies to the relevant disposal as if the amount treated in accordance with section 94A(2) of the Finance Act 1996 as the carrying amount of the option at the time the company became party to the loan relationship (the “initial carrying amount”) was the consideration for the grant of the option.
6
Sub-paragraph (7) applies if —
a
the option mentioned in sub-paragraph (1)(c) is exercised at any time in an accounting period,
b
there is no relevant disposal, and
c
an amount is paid in fulfilment of the obligations under the option.
7
Where this sub-paragraph applies —
a
if E exceeds F, a chargeable gain equal in amount to the amount of the excess shall be treated as accruing to the company in the accounting period,
b
if F exceeds E, an allowable loss equal in amount to the amount of the excess shall be treated as accruing to the company in the accounting period,
8
In sub-paragraph (7) —
E is the initial carrying amount of the option;
F is the amount paid in fulfilment of the obligations under the option reduced by the aggregate of —
the initial carrying amount of the option and
the carrying amount of the host contract (within the meaning of section 94A of the Finance Act 1996) at the time the company became party to the loan relationship.
9
This paragraph applies if the debtor relationship comes to an end at a time when the option mentioned in sub-paragraph (1)(c) has not been exercised, and where it applies the company is treated for the purposes of corporation tax on chargeable gains as having disposed of the option for a consideration equal to the initial carrying amount.
10
In this paragraph —
“option” has the same meaning as in paragraph 12, apart from sub-paragraph (10);
“securities house” means a person —
who is authorised for the purposes of the Financial Services and Markets Act 2000, and
whose business consists wholly or mainly of dealing as a principal in financial instruments within the meaning of section 349(5) and (6) of the Taxes Act 1988.
Issuers of securities with embedded derivatives: deemed contracts for differences
45K
1
This paragraph applies to a derivative contract of a company for an accounting period if the following conditions are satisfied —
a
section 94A of the Finance Act 1996 (loan relationships with embedded derivatives) has effect in relation to a debtor relationship of the company,
b
the derivative contract is the relevant contract, or one of the relevant contracts, to which the company is treated under subsection (2)(b) of that section as party in the case of that debtor relationship,
c
the relevant contract is treated by virtue of subsection (3) of that section as a contract for differences (other than one which falls within paragraph 45J), and
d
the derivative contract is an exactly tracking contract within the meaning of paragraph 45F, and
e
the additional conditions in sub-paragraph (2) are satisfied.
2
The additional conditions are —
a
at the time when the company became party to the debtor relationship —
i
it was not carrying on a banking business or a business as a securities house, or
ii
if it was carrying on such a business, it did not become party to the debtor relationship in the ordinary course of that business,
b
the derivative contract is not one to which any of paragraphs 6 to 8 applies,
c
the underlying subject matter of the derivative contract is land (wherever situated) or shares,
d
the company is not a body falling within paragraph 45C(3) (authorised unit trusts etc).
3
Where this paragraph applies to a derivative contract for an accounting period, paragraph 14(3) (non-trading credits and debits) shall not apply to credits and debits given in relation to the contract for the accounting period by paragraph 15.
4
In this paragraph “securities house” has the same meaning as in paragraph 45J (see sub-paragraph (10) of that paragraph).
Derivatives not embedded in a loan relationship
45L
1
Where —
a
a company is treated under paragraph 2(4) as party to a derivative contract, and
b
regulation 9 of the Disregard Regulations (interest rate contracts) does not apply to the contract,
paragraph 14(3) (non-trading credits and debits) shall not apply to credits and debits given in relation to the fair value profits and losses arising on the contract.
2
Where paragraph (1) applies, then notwithstanding paragraph 1(2) of this Schedule, profits and losses are to be brought into account in relation to the host contract for the purposes of the Corporation Tax Acts as if the derivative contract embedded in the host contract were treated for accounting purposes as closely related to the host contract.
3
In this paragraph “the Disregard Regulations” means the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 .
.
11
After paragraph 48 insert —
Embedded derivatives in connected party loans
48A
Where in any accounting period —
a
a company is party as a creditor to a loan relationship falling within section 94A(1) of the Finance Act 1996, and
b
the loan relationship is one to which section 87 of that Act applies (accounting methods where parties have a connection),
no loss arising in that period to the company from the derivative contract, or any of the derivative contracts, to which in the case of that loan relationship the company is treated as party by virtue of section 94A(2)(b) of the Finance Act 1996 gives rise to a debit for the purposes of this Schedule.
.
12
1
Paragraph 50A is amended as follows.
2
For sub-paragraph (1) substitute —
1
This paragraph applies where —
a
there is a change of accounting policy in drawing up a company’s accounts from one period of account (the “earlier period”) to the next (the “later period”), and
b
the approach in each of those periods accorded with the law and practice applicable in relation to that period.
1A
This paragraph applies, in particular, where —
a
the company prepares accounts for the earlier period in accordance with UK generally accepted accounting practice and for the later period in accordance with international accounting standards, or
b
the company prepares accounts for the earlier period in accordance with international accounting standards and for the later period in accordance with UK generally accepted accounting practice.
.
3
In sub-paragraph (3), after “means” insert “subject to paragraph (3B),”.
4
After that sub-paragraph insert —
3A
For the purposes of this paragraph the “carrying value” of a contract includes amounts recognised for accounting purposes in relation to the contract in respect of —
a
accrued amounts;
b
amounts paid or received in advance;
c
impairment losses (including provisions for bad or doubtful debts).
3B
In determining the profits, gains and losses to be recognised in determining the carrying value of the contract for the purposes of this paragraph, the following provisions —
a
section 94A(2) of the Finance Act 1996 (loan relationships with embedded derivatives), and
b
paragraphs 21 and 28 of this Schedule
apply as they apply for the purposes of determining the credits and debits to be brought into account under this Schedule.
3C
Where —
a
a company has ceased to be a party to a derivative contract,
b
paragraph 53(3) of this Schedule (credits and debits to be brought into account in respect of profits and losses arising in the cessation period) applied to the cessation, and
c
there is a difference between —
i
the amount outstanding in respect of the derivative contract at the end of the earlier period, and
ii
the amount outstanding in respect of the derivative contract at the beginning of the later period,
a debit or credit (as the case may be) corresponding to that difference shall be treated as a debit or credit falling within sub-paragraph (2).
3D
In sub-paragraph (3C), “the amount outstanding”, in respect of a derivative contract, means so much of the amount recognised as deferred income or deferred loss in the company’s balance sheet, in accordance with generally accepted accounting practice, in respect of the profits, gains or losses that arose from that relationship or a related transaction in the cessation period (within the meaning of section 103(6)) as has not been represented by debits or credits brought into account under this Schedule.
.
5
Omit paragraph (4).
6
After sub-paragraph (4) insert —
5
This paragraph does not apply if or to the extent that such a debit or credit as is mentioned in sub-paragraph (2) falls to be brought into account apart from this paragraph.
.
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Mersey Regional Ambulance Service National Health Service Trust (Establishment) Amendment Order 2004 and shall come into force on the 15 th November 2004.
2
In this Order, “the Establishment Order ” means the Mersey Regional Ambulance Service National Health Service Trust (Establishment) Order 1991 .
Amendment of nature and functions of the trust
2
1
In article 3(1) of the Establishment Order (nature and functions of the trust) “5(1)(a)” shall be replaced by “5(1)”.
2
Article 3(2) of the Establishment Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, in particular emergency care, ambulance and associated transport services, for the purposes of the health service.
.
Increase in the number of non-executive directors of the trust
3
In article 4 of the Establishment Order (directors of the trust) —
a
“4 non-executive directors” shall be replaced by “5 non-executive directors”; and
b
“4 executive directors” shall be replaced by “5 executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
3rd November 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Motor Cars (Driving Instruction) (Amendment) (No.2) Regulations 2004.
2
Regulation 5 of these Regulations shall come into force on 1st January 2007 and all other regulations thereof shall come into force on 1st January 2005.
Amendment of the Motor Cars (Driving Instruction) Regulations 1989
2
The Motor Cars (Driving Instruction) Regulations 1989 are amended in accordance with regulations 3 to 6 below.
3
1
Regulation 8 (nature of test and provision of a motor car) is amended as follows.
2
After paragraph (1) insert —
1A
The test shall, at the discretion of the Registrar, consist of either —
a
at the discretion of the examiner, either the test described in —
i
paragraph (2) below, or
ii
paragraph (4) below; or
b
where a person has not satisfied any of the requirements specified in paragraphs (a) to (c) of regulation 8B(2), the test described in paragraphs (8) and (9).
3
For paragraph (2) substitute —
2
The form of test referred to in paragraph (1A)(a)(i) above is a test in which the person undergoing the test (“the candidate”) is required to demonstrate his knowledge and ability by giving practical driving instruction to an examiner as if the examiner were —
a
a novice or partly-trained pupil,
b
a pupil who is at about driving test standard, or
c
a full driving licence holder with at least a year’s experience since passing the driving test.
4
In paragraph (3) —
a
for “paragraph (2)(a)” substitute “paragraph (2)”; and
b
for “paragraph (2)(a)(iii)” substitute “paragraph (2)(c)”.
5
In paragraph (4) for “paragraph (2)(b)” substitute “paragraph (1A)(a)(ii)”.
6
In paragraph (6) —
a
for “paragraph (2)(a)” substitute “paragraph (2)”; and
b
for “paragraph (2)(a)(iii)” substitute “paragraph (2)(c)”.
7
After paragraph 7, add —
8
The form of test referred to in paragraph (1A)(b) is a test which shall —
a
be conducted by means of the exhibition of film clips that take the perspective of the driver of a motor vehicle and show, at some point during each film clip, one or more hazards to traffic occurring on or near the road; and
b
require the candidate (using electronic equipment provided for the purpose and capable of recording the exact moment of each response) to indicate during each film clip the moment he observes a hazard relating to traffic on the road.
And for the purposes of this paragraph “film clip” means a sequence of visual images displayed electronically.
9
A candidate taking the test referred to in paragraph (1A)(b) must satisfy the examiner that his performance in the test demonstrates an ability to perceive hazards on the road.
10
Before undergoing the continued ability and fitness test a person must produce to the person conducting the test the certificate issued to him under regulation 14.
4
After regulation 8 insert —
PART IIIA
Additional Conditions for Retention or Removal of Names on or from the Register
Additional condition for removal of names from the register
8A
1
To the conditions, specified in sections 128(2) and 128(2A) of the Act, that the Registrar must be satisfied are fulfilled before removing the name of a person from the register under section 128(1) of the Act there is added the condition in paragraph (2) below.
2
The condition is that the applicant has, before 1st January 2007, failed —
a
to pass the test specified in regulation 5(2)(a) as part of the driving ability and fitness test;
b
to pass the test of continued ability and fitness specified in regulation 8(1A)(b); or
c
to satisfy the Registrar, whether by virtue of his performance in a test equivalent to those tests or other form of assessment, that he has the necessary ability to perceive hazards on the road.
5
1
After regulation 8A, insert —
Additional condition for retention of names on the register
8B
1
To the relevant conditions, specified in sections 127(3) and 127(3A) of the Act, as to which the Registrar must be satisfied before retaining the name of a person in the register under section 127(2) of the Act there is added the relevant condition in paragraph (2) below.
2
The relevant condition is that the applicant has —
a
passed the test specified in regulation 5(2)(a) as part of the driving ability and fitness test;
b
passed the test of continued ability and fitness specified in regulation 8(1A)(b); or
c
satisfied the Registrar, whether by virtue of his performance in a test equivalent to those tests or other form of assessment, that he has the necessary ability to perceive hazards on the road.
6
1
Regulation 13 (fees) is amended as follows.
2
The current regulation is renumbered as paragraph (1).
3
At the end, add —
2
The fee payable by a person required to undergo the continued ability and fitness test specified in regulation 8(1A)(b) is —
a
nil for the first time that the person takes the test; and
b
£20.50 in all other cases.
3
The fee specified in paragraph (2) is payable at the time that the person makes an appointment to undergo the test.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
29th November 2004


text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2004 and comes into force on 1st April 2004.
2
In Schedule 1 to the Value Added Tax Act 1994 (registration in respect of taxable supplies) —
a
in paragraph 1(1)(a), (1)(b), (2)(a) and (2)(b), for “£56,000” substitute “£58,000” and;
b
in paragraphs 1(3) and 4(1) and (2), for “£54,000” substitute “£56,000”.
3
In Schedule 3 to the Value Added Tax Act 1994 (registration in respect of acquisitions from other member States) —
a
in paragraph 1(1) and (2); and
b
in paragraph 2(1)(a), (1)(b) and (2),
for “£56,000” substitute “£58,000”.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Functions and Responsibilities) (Amendment No. 3) (England) Regulations 2004 and shall come into force on 23rd November 2004.
2
These Regulations apply in relation to local authorities in England.
Amendment of Regulations
2
The Local Authorities (Functions and Responsibilities) (England) Regulations 2000 are amended —
a
in Schedule 1 (functions not to be the responsibility of an authority’s executive), in accordance with Part 1 of the Schedule to these Regulations; and
b
in Schedule 2 (functions which may be (but need not be) the responsibility of an authority’s executive), in accordance with Part 2 of the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
22nd October 2004


text:
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 5) Order 2004.
2
Section 5 of the Criminal Justice Act 2003 (drug testing for under-eighteens) shall come into force on 1st August 2004 within the following police areas :
a
Cleveland;
b
Greater Manchester;
c
Humberside;
d
Merseyside;
e
metropolitan police district;
f
Nottinghamshire; and
g
West Yorkshire.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
16th July 2004


text:
1
The fees appearing in the Tables of the Schedule to this Order are established and are substituted for the fees appearing in the Tables of Schedule 1 to the Ecclesiastical Judges, Legal Officers and Other (Fees) Order 2003 . The Tables of the Schedule to the Order contain particulars of the fees which are to be received, after the commencement of this Article —
a
by the ecclesiastical judges and legal officers named in that Schedule for carrying out by them of the duties of their offices specified in that Schedule; and
b
by diocesan boards of finance in respect of the matters specified in Part II of Table I of that Schedule.
2
The Ecclesiastical Judges, Legal Officers and Other (Fees) Order 2003 is hereby revoked.
3
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee or fees prescribed by Order made under the Ecclesiastical Fees Measure 1986.
2
An agreement made under sub-paragraph (1) above shall be expressed to be an agreement for payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (1) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
4
A fee specified in the Schedule to this Order (other than a fee specified in Part II of Table I of that Schedule) shall be increased by a sum for reasonable expenses of travel, subsistence, accommodation and the holding of court hearings.
5
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order there shall be payable in addition to that fee the amount of the Value Added Tax.
6
1
This Order may be cited as the Ecclesiastical Judges, Legal Officers and Others (Fees) Order 2004.
2
This Order shall come into operation on the first day of January 2005.
Dated this 24th day of May 2004
J Laws
G F Tattersall
H M Morgan
M G S Farrell
A Whittam Smith
T E Allen
Approved by the General Synod the ninth day of July 2004
D M Williams
Clerk to the Synod


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Modern Foreign Languages) (England) Order 2004 and shall come into force on 1st August 2004.
2
In this Order —
“the 2002 Act ” means the Education Act 2002;
a reference to the third key stage is a reference to the period set out in section 82(1)(c) of the Education Act 2002;
a reference to relevant pupils is a reference to pupils in the third key stage in respect of whom there is a requirement to study a modern foreign language as a foundation subject; and
a reference to an official language of the European Union is to a language specified as an official language of the institutions of the European Union by Article 1 of EEC Council Regulation No.1 of April 15, 1958 .
3
This Order applies to maintained schools in England.
Revocation of Orders
2
The following Orders are hereby revoked with respect to England —
a
The Education (National Curriculum) (Modern Foreign Languages) Order 1991 ; and
b
The Education (National Curriculum) (Modern Foreign Languages) (Amendment) Order 1994 .
Modern foreign language as a foundation subject at the third key stage
3
A language is a modern foreign language for the purpose of section 84(4) of the 2002 Act if —
a
the language is an official language of the European Union; or
b
the language is a modern foreign language taught at a school that also offers relevant pupils the opportunity of studying one or more of the official languages of the European Union for the purposes of the National Curriculum at the third key stage.
David Miliband
Minister of State,
Department for Education and Skills
4th February 2004


text:
Title and commencement
1
These Regulations may be cited as the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) (Amendment) Regulations 2004 and shall come into force on 27th January 2004.
Amendments to the Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003
2
1
The Food (Hot Chilli and Hot Chilli Products) (Emergency Control) (England) Regulations 2003 shall be amended in accordance with paragraphs (2) and (3).
2
In paragraph (1) of regulation 2 (interpretation) —
a
for the definition of “the Commission Decision” there shall be substituted the following definition —
“the Commission Decision” means the Commission Decision of 21st January 2004 on emergency measures regarding chilli and chilli products ;
; and
b
for the definition of “hot chilli and hot chilli products” there shall be substituted the following definition —
“hot chilli and hot chilli products” means —
fruits of the genus Capsicum, dried and crushed or ground within CN Code 09042090; and
curry powder within CN Code 091050;
.
3
For paragraphs (2) and (3) of regulation 6 (destruction of illegal imports) there shall be substituted the following paragraphs —
2
The notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by a decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether the notice should be upheld or set aside.
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
26th January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Woking Area Primary Care Trust (Change of Name) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
a
“ the Order ” means the Woking Area Primary Care Trust (Establishment) Order 2002” ;
b
“ the trust ” means the trust established by the Order.
Change of name of Primary Care trust and transitional provision
2
1
The trust shall be called the Surrey Heath and Woking Primary Care Trust instead of the Woking Area Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Woking Area” there shall be substituted “Surrey Heath and Woking”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department of Health
23rd March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Service Charges (Consultation Requirements) (Amendment) (No.2) (England) Regulations 2004 and shall come into force on 12th November 2004.
2
These Regulations apply in relation to England only.
Amendment of Regulations
2
Regulation 4 (application of section 20 to qualifying long term agreements) of the Service Charges (Consultation Requirements) (England) Regulations 2003 is amended —
a
in paragraph (3), by the substitution, for “In”, of “Subject to paragraph (3A), in”; and
b
by the insertion, after paragraph (3) of the following paragraph —
3A
Where —
a
a landlord intends to enter into a qualifying long term agreement on or after 12th November 2004; and
b
he has not at any time between 31st October 2003 and 12th November 2004 made up accounts relating to service charges referable to a qualifying long term agreement and payable in respect of the dwellings to which the intended agreement is to relate,
the relevant date is the date on which begins the first period for which service charges referable to that intended agreement are payable under the terms of the leases of those dwellings.
.
Revocation of Regulations
3
The Service Charges (Consultation Requirements) (Amendment) (England) Regulations 2004 are revoked.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
11th November 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the European Parliament (Disqualification) (United Kingdom and Gibraltar) Order 2004 and shall come into force on the day after the day on which it is made.
2
In this Order —
“Gibraltar public office” means a public office for the purposes of sections 28 (disqualifications for elected members) and 80 (references to public office, etc. ) of the Constitution of Gibraltar set out in Annex 1 to the Gibraltar Constitution Order 1969.
3
References in this Order to the House of Assembly Ordinance are to the Gibraltar Ordinance of that name.
Disqualification for office of MEP
2
In addition to persons otherwise disqualified for the office of MEP , a person is disqualified for the office of MEP if —
a
he has been adjudged or otherwise declared bankrupt under any law in force in Gibraltar and has not been discharged;
b
he holds or acts in a Gibraltar public office, unless the public office in question is described in Schedule 2 (classes of public officers who may be candidates for election) to the House of Assembly Ordinance;
c
he is the clerk to the House of Assembly of Gibraltar, or any deputy or clerk appointed by him (in his capacity as local returning officer or the European electoral registration officer for Gibraltar);
d
he is disqualified for election as an Elected Member of the House of Assembly of Gibraltar by virtue of section 36 of the House of Assembly Ordinance (penalty for and incapacity following illegal practices); or
e
having been found guilty of one or more offences (whether in Gibraltar or elsewhere), and sentenced or ordered to be imprisoned or detained indefinitely or for more than one year, he is detained anywhere in Gibraltar in pursuance of the sentence or order or is unlawfully at large at a time when he would otherwise be so detained.
Signed on behalf of the Secretary of State for Constitutional Affairs
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Date 27th April 2004