text:
1
1
These Regulations may be cited as the Statistics of Trade (Customs and Excise) (Amendment) Regulations 2004 and come into force on 1st January 2005.
2
Regulations 4(2) to 4(9) only have effect in relation to acts, or omissions, occurring after 31st December 2004 (offences and evidence).
3
The Statistics of Trade (Customs and Excise) Regulations 1992 are amended as follows.
2
1
In regulation 1(2), for the meaning given for “Intrastat system” substitute —
“Intrastat” refers to the data collection system established and implemented by —
Council and European Parliament Regulation ( EC ) No 638/2004 (“establishing Regulation”); and
Commission Regulation (EC) No 1982/2004 (“implementing Regulation”);
.
2
In regulation 1(2), for the meaning given for “periodic declaration” substitute —
“periodic declaration” refers to the means of providing the simplified information in regulations 3(1) and 3(2) ( VAT return) or to a supplementary declaration in regulation 4;
.
3
In regulation 1(3), after “Act” insert “or have the same meaning as in the establishing or implementing Regulation”.
3
For regulations 2 to 4, substitute —
Application of Intrastat
2
1
For the purposes of the United Kingdom’s statistical territory (see Article 4(1) of the establishing Regulation), Intrastat is under the care and management of the Commissioners of Customs and Excise (the “Commissioners”).
2
For the purposes mentioned in paragraph (1), the Commissioners are —
a
“customs” within Article 5(2) of the establishing Regulation (provision to national authority of statistical information on other goods at least once a month);
b
the “national authority” within —
i
Articles 5(2), 8(1), 8(2), 9(1) and 11 of the establishing Regulation (other goods, etc. ; register of intra-Community operators; identification of parties responsible for providing information; information that must be collected; statistical confidentiality); and
ii
Articles 5, 13(4), 17(4), 21(4), 22(4) and 23(2) of the implementing Regulation (identification of persons who have declared goods for fiscal purposes; simplification for certain individual transactions; access to additional data sources in the case of vessels and aircraft, sea products, spacecraft and electricity);
c
the “tax administration” within —
i
Articles 8(2) and 8(3) of the establishing Regulation (duty to furnish lists of persons who have declared that they have supplied goods to or acquired goods from other Member States; duty to furnish information provided for fiscal purposes which could improve quality of statistics; duty to bring the Intrastat obligations to the attention of VAT-registered traders); and
ii
Article 5 of the implementing Regulation (duty to provide specified information to identify persons who have declared goods for fiscal purposes).
3
Also, for the purposes mentioned in paragraph (1), the duties or discretions expressed in the following Articles as those of the “Member States” must be performed or exercised by the Commissioners —
a
Articles 10(6), 12 and 13 of the establishing Regulation (sending information on thresholds to Commission; transmission of that data; quality of that data and yearly quality report to Commission); and
b
Articles 10, 16(2), 18, 19(3), 20(3), 23(3), 24(2), 25(2), 25(4) to 25(7) and 26(1) of the implementing Regulation (reporting nature of transaction; application of specific rules for staggered consignments, motor vehicle and aircraft parts, goods delivered to vessels and aircraft, offshore installations, electricity, military goods; transmission of data to Commission; yearly quality report to Commission).
4
The Commissioners may do anything necessary for and reasonably incidental to any Article mentioned in paragraphs (2) and (3).
This paragraph is additional to any other basis for their doing so.
5
For the purposes of Article 9 of the establishing Regulation (information that must or may be collected), the Commissioners must only collect information in accordance with Regulations 3, 4 and 4A (simplified information and supplementary declaration).
Simplified information
3
1
The Commissioners may treat the following information collected in accordance with regulations made under section 58 of and Schedule 11 paragraphs 2(1) and 2(11) to the Value Added Tax Act 1994 (information collected on VAT return) as simplified information for Intrastat purposes (see Article 10(1) of the establishing Regulation) —
a
information about the value of supplies of goods and related costs to other Member States;
b
information about the value of acquisitions of goods and related costs from other Member States.
2
If a party’s annual value of intra-Community trade is at or below £221,000, that party may be treated as providing simplified information to the Commissioners for Intrastat purposes and is not subject to regulation 4 (supplementary declarations) (and see Article 10(1) of the establishing Regulation).
3
The threshold in paragraph (2) separately applies to a party’s responsibilities for providing information about “dispatches” and “arrivals” (see Articles 3, 7 and 10(2) of the establishing Regulation).
Supplementary declarations
4
1
A party that in relation to the United Kingdom is responsible for providing the information (see Article 7 of the establishing Regulation) must provide it to the Commissioners in the appropriate form set out in the Schedule to these Regulations (“supplementary declaration” for “arrivals” or “dispatches”).
That party must provide all the information sought by the appropriate form, in accordance with the establishing and implementing Regulations.
2
But that party need provide the “delivery terms” information sought by the appropriate form only if that party’s annual value of intra-Community trade relevant to that form (namely, value of “arrivals” or value of “dispatches”) exceeds £14,000,000.
That party must use the coding mentioned in Article 11 of the implementing Regulation in providing any “delivery terms” information pursuant to paragraph (1) and this paragraph (and see also Article 9(2)(d) of the establishing Regulation).
3
That party must deliver the completed supplementary declaration to the Commissioners no later than the final day of the month following the end of the reference period to which it relates.
Only the reference period in Article 6(1) of the establishing Regulation applies in relation to the supplementary declaration (“calendar month of dispatch or arrival of the goods”).
But the reference periods in Article 3 of the implementing Regulation may be used instead if a current Commissioners' direction so permits in the interests of better administration (“calendar month” of “chargeable event” or in which “declaration is accepted”).
4
That party must deliver that supplementary declaration —
a
to a place specified in a current Commissioners' direction, or
b
by means of electronic communication.
5
A supplementary declaration sent by post is not presumed to have been delivered without proof of its posting.
6
That party may only deliver the supplementary declaration by means of electronic communication —
a
if the party applies to do so and the Commissioners approve the application, or
b
in accordance with any current Commissioners' direction permitting that party to do so in such circumstances as the direction may specify.
7
The Commissioners may at any time for reasonable cause revoke or vary any approval under paragraph (6)(a).
8
A direction under paragraph (6)(b) may include any conditions the Commissioners deem necessary or expedient for the purpose.
9
A direction under paragraph (3), (4)(a) or (6)(b) is not current for the purposes of the relevant paragraph to the extent that it is varied, replaced or revoked by another Commissioners' direction.
Administration of rules concerning specific goods and movements
4A
1
The Commissioners must give directions as to matters of administration for the proper application of these Regulations in the case of the rules set out in Articles 16, 17, 19, 20, 21, 22, 23 and 24 of the implementing Regulation (rules concerning specific goods and movements – staggered consignments, vessels and aircraft, goods delivered to vessels and aircraft, offshore installations, sea products, spacecraft, electricity, military goods).
2
The Commissioners may give such a direction in the case of the rules set out in Articles 15 and 18 of that Regulation (industrial plant, motor vehicle and aircraft parts).
3
Regulation 4 (supplementary declarations) is subject to every current direction under this regulation.
4
A direction is not current for the purposes of paragraph (3) to the extent that it is varied, replaced or revoked by another such direction.
.
4
1
In regulation 5(1)(a), for “or which is made” substitute “or delivers or which is made or delivered”.
2
In regulation 6(1), for “furnish” substitute “deliver” and for “the Intrastat system” substitute “these Regulations”.
3
In regulation 6(2), for the first “furnish” substitute “deliver” and for the second “furnish” substitute “provide”.
4
In regulation 6(3)(a), for “furnish” substitute “deliver”.
5
In regulation 6(3)(b), for “furnish” substitute “deliver” and for “received” substitute “arriving”.
6
In regulation 6(7), for “Article 9(1) of the Principal Regulation” substitute “and subject to Article 7(2) of the establishing Regulation”.
7
In regulation 7(1), after “furnished” insert “, provided, delivered”.
8
In regulation 8(1)(d), for “paragraph (4) of regulation 4” substitute “regulations 4(4)(b) and 4(6)”.
9
In regulation 8(2), after “furnished” insert “, provided or delivered”.
5
Each regulation mentioned in column (1) of the table in the Schedule is revoked to the extent specified for that regulation in column (3).
M J Hanson
Commissioner of Customs and Excise
New King’s Beam House, London SE1 9PJ
10th December 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Pay As You Earn) (Amendment) Regulations 2004 and shall come into force on 12th April 2004.
Amendment of the Income Tax (Pay As You Earn) Regulations 2003
2
The Income Tax (Pay As You Earn) Regulations 2003 are amended as follows.
3
1
Amend regulation 72 as follows.
2
In paragraph (2) after “In this regulation” insert “and regulations 72A and 72B”.
3
After regulation (5) insert —
5A
Any direction under paragraph (5) must be made by notice (“the direction notice”), stating the date the notice was issued, to —
a
the employer and the employee if condition A is met;
b
the employee if condition B is met.
5B
A notice need not be issued to the employee under paragraph (5A)(a) if neither the Inland Revenue nor the employer are aware of the employee’s address or last known address.
.
4
After regulation 72 insert —
Employer’s request for a direction and appeal against refusal
72A
1
In relation to condition A in regulation 72(3), the employer may by notice to the Inland Revenue (“the notice of request”) request that the Inland Revenue make a direction under regulation 72(5).
2
The notice of request must —
a
state —
i
how the employer took reasonable care to comply with these Regulations; and
ii
how the error resulting in the failure to deduct the excess occurred;
b
specify the relevant payments to which the request relates;
c
specify the employee or employees to whom those relevant payments were made; and
d
state the excess in relation to each employee.
3
The Inland Revenue may refuse the employer’s request under paragraph (1) by notice to the employer (“the refusal notice”) stating —
a
the grounds for the refusal, and
b
the date on which the refusal notice was issued.
4
The employer may appeal against the refusal notice —
a
by notice to the Inland Revenue,
b
within 30 days of the issue of the refusal notice,
c
specifying the grounds of the appeal.
5
For the purpose of paragraph (4) the grounds of appeal are that —
a
the employer did take reasonable care to comply with these Regulations, and
b
the failure to deduct the excess was due to an error made in good faith.
6
If on appeal under paragraph (4) it appears to the Commissioners that the refusal notice should not have been issued they may direct that the Inland Revenue make a direction under regulation 72(5) in an amount the Commissioners determine is the excess for one or more tax periods falling within the relevant tax year.
Employee’s appeal against a direction notice where condition A is met
72B
1
An employee may appeal against a direction notice under regulation 72(5A)(a) —
a
by notice to the Inland Revenue,
b
within 30 days of the issue of the direction notice,
c
specifying the grounds of the appeal
2
For the purpose of paragraph (1) the grounds of appeal are that —
a
the employer did not act in good faith,
b
the employer did not take reasonable care, or
c
the excess is incorrect.
3
On an appeal under paragraph (1) the Commissioners may —
a
if it appears to them that the direction notice should not have been made, set aside the direction notice; or
b
if it appears to them that the excess specified in the direction notice is incorrect, increase or reduce the excess specified in the notice accordingly.
Employee’s appeal against a direction notice where condition B is met
72C
1
An employee may appeal against a direction notice under regulation 72(5A)(b) —
a
by notice to the Inland Revenue,
b
within 30 days of the issue of the direction notice,
c
specifying the grounds of the appeal.
2
For the purpose of paragraph (1) the grounds of appeal are that —
a
the employee did not receive the payments knowing that the employer wilfully failed to deduct the amount of tax which should have been deducted from those payments, or
b
the excess is incorrect.
3
On an appeal under paragraph (1) the Commissioners may —
a
if it appears to them that the direction notice should not have been made, set aside the direction notice; or
b
if it appears to them that the excess specified in the direction notice is incorrect, increase or reduce the excess specified in the notice accordingly.
Appeals: supplementary provisions
72D
1
This regulation applies to appeals under regulations 72A(4), 72B, 72C and 81A.
2
Subject to paragraph (4), an appeal is to the General Commissioners but the employer or employee as appropriate may elect (in accordance with section 46(1) of TMA ) to bring the appeal before the Special Commissioners instead.
3
Section 31D(2) to (7) of TMA (election to bring appeal before Special Commissioners) has effect in relation to an election under paragraph (2) (as in relation to an election under subsection (1) of that section).
4
If in respect of the same error by an employer in relation to condition A in regulation 72(3) —
a
more than one employee is appealing under regulation 72B; or
b
there is an appeal by an employer under regulation 72A(4) and by an employee under regulation 72B
the Commissioners who are to determine the appeals are given in paragraphs (5) to (7).
5
If —
a
the same body of General Commissioners has jurisdiction with respect to all the persons concerned, and
b
none of those persons has elected in accordance with section 46(1) of TMA to bring the appeal before the Special Commissioners
the appeals are to be determined by that body of General Commissioners.
6
If —
a
different bodies of General Commissioners have jurisdiction with respect to the persons concerned, and
b
none of those persons has elected in accordance with section 46(1) of TMA to bring the appeal before the Special Commissioners
the appeals are to be determined by such of those bodies as the Board of Inland Revenue determine.
7
In any other case, the appeals are to be determined by the Special Commissioners.
8
Where paragraph (4) applies or the appeal is material to the liability to tax of the employer and the employee, all the persons concerned are entitled —
a
to appear before and be heard by the Commissioners, or
b
to make representations in writing
9
On hearing an appeal the General Commissioners or the Special Commissioners may allow the employer or employee as appropriate to put forward grounds not specified in the notice, and take them into consideration, if satisfied that the omission was not wilful or unreasonable.
.
5
In regulation 81 after paragraph (4) insert —
4A
If condition A or B is met, any direction under paragraph (4) must be made by notice (“the direction notice”) to the employee stating the date the notice was issued.
.
6
After regulation 81 insert —
Employee’s appeal against direction notice
81A
1
An employee may appeal against a direction notice under regulation 81(4A) —
a
by notice to the Inland Revenue,
b
within 30 days of the issue of the direction notice,
c
specifying the grounds of the appeal.
2
For the purpose of paragraph (1) the grounds of appeal are that —
a
in relation to condition A in regulation 81, the employee did not receive the payments knowing that the employer wilfully failed to deduct the amount of tax which should have been deducted from those payments,
b
in relation to condition B in regulation 81, the relevant payment was not a notional payment, or
c
the excess is incorrect.
3
On an appeal under paragraph (1) the Commissioners may —
a
if it appears to them that the direction notice should not have been made, set aside the notice; or
b
if it appears to them that the amount of tax specified in the direction notice is incorrect, increase or reduce the amount specified in the notice accordingly.
4
Regulation 72D applies to appeals under this regulation.
.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
19th March 2004


text:
1
These Regulations may be cited as the EC/Swiss Air Transport Agreement (Consequential Amendments) Regulations 2004 and shall come into force on 1st June 2004.
2
In the Civil Aviation Act 1982 there shall be inserted —
a
in section 69A(5)(a), after the words “ EEA State”, the words “or Switzerland”; and
b
in section 69A(8):
i
in the definition of “the Community access Regulation”, after “21st March, 1994” the words “and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport ”;
ii
in the definition of “operating licence”, after the words “EEA State”, the words “or Switzerland”.
3
In the Licensing of Air Carriers Regulations 1992 there shall be inserted —
a
in regulation 2(1) in the definition of “the Council Regulation” after “21st March, 1994” the words “and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport” shall be inserted; and
b
in regulation 18(3) after the words “registered in” the words “Switzerland or”.
4
In the Access for Community Air Carriers to Intra-Community Air Routes Regulations 1992 there shall be inserted —
a
in regulation 2(1) in the definition of “the Council Regulation”, after “21st March 1994”, the words “and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport”;
b
in regulation 2(1A):
after the definition of “EEA State” —
“; and “Swiss air carrier” means an air carrier which is licensed and has its principal place of business and, if any, its registered office in Switzerland.”;
c
in regulation 2(2) at the beginning of the paragraph, the words “Subject to paragraph (3)”;
d
after regulation 2(2), “2(3) In regulations 4, 4A, 6 and 6A the expression “Community air carrier” shall not include a Swiss air carrier.”;
e
after regulation 4,
4A
1
Community air carriers and Swiss air carriers are hereby permitted to exercise traffic rights on routes between the United Kingdom and Switzerland and in operating air services may combine air services and use the same flight number on combined air services;
2
From 1st June 2004 Swiss air carriers are hereby permitted to exercise traffic rights on routes between the United Kingdom and another EEA State.
;
f
in regulation 5, after the words “Nothing in regulation 4”, the words “or 4A”;
g
in regulation 5(d) after the words “EEA State”, the words “or by Switzerland”;
h
in regulation 5 (f) after the words “EEA State”, the words “or Switzerland”;
i
after regulation 6,
6A
Regulation 6 shall apply —
a
to a Community air carrier and a Swiss air carrier in relation to routes between the United Kingdom and Switzerland and,
b
from 1st June 2004 to a Swiss air carrier in relation to routes between the United Kingdom and another EEA State,
as it applies to a Community air carrier on routes between the United Kingdom and another EEA State.
; and
5
In the Air Fares Regulations 1992 there shall be inserted in regulation 2(1), in the definition of “the Council Regulation”, after “21st March 1994” the words “and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport”.
6
In the Airports Slot Allocation Regulations 1993 , there shall be inserted in regulation 2(1), in the definition of “the Council Regulation”, after “21st March 1994” the words “and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport”.
7
In the Civil Aviation (Investigation of Air Accidents and Incidents) Regulations 1996 there shall be inserted in regulations 8(5), 8(7), 9(4), and 13 after the words “member State” the words “or Switzerland”.
8
In the Airports (Groundhandling) Regulations 1997 there shall be inserted in regulation 19(1) and (3) after the words “Member State”, in each place in which it occurs, the words “or Switzerland”.
9
In the Aeroplane Noise Regulations 1999 there shall be inserted —
a
in regulation 3 in the definition of “Community air carrier” and in regulations 7(1), 10(3)(a), 11(1), and 30(1) after the words “EEA State” the words “or Switzerland”;
b
in regulation 3 in the definition of “Community air carrier”, after the words “licensing air carriers” the words “, as that Regulation has effect in accordance with the EEA Agreement, as amended by the Decision of the EEA Joint Committee No. 7/94 of 21st March 1994, and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport”;
c
in regulations 4(2), 5(2) , 8(2), 9(2), 10(2), 13(1)(a), and 18(1) after the words “EEA States” the words “or Switzerland”;
d
in regulations 6(2), and 27(2) and (3) after the words “EEA States” the words “and Switzerland”;
e
in regulations 12(3)(a) and 14(3)(a) after the words “register of” the words “Switzerland or”;
f
in regulation 19(1) after the words “competent authority of” the words “Switzerland or of”;
g
in regulation 19(2) after the words “granted by” the words “Switzerland or”.
10
In the Air Navigation Order 2000 there shall be inserted —
a
in article 27(2) after the words “21st March 1994” the words “and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport”;
b
in article 27(2) at the end the words “or Switzerland.”;
c
in article 113(1) after the words “21st March 1994” the words “and in accordance with the Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological co-operation, of 4th April 2002 on the conclusion of seven Agreements with the Swiss Confederation, in so far as it applies to the Agreement between the European Community and the Swiss Confederation on Air Transport”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
4th May 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (District of Mole Valley) Order 2004 and shall come into force on 26th April 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the district of Mole Valley except —
a
the entirety of the M25, including its on and off slip roads, within the district;
b
the A24 from its junction with the B2122, Epsom Road, near Leatherhead (and including the circulatory carriageway at that junction) to its junction with the B2038, Pixham Lane, near Dorking (and including the circulatory carriageway at that junction);
c
the A24 from its junction with South Drive, Dorking, southwards to the district boundary south of Capel;
d
the A25 from its junction with the minor road leading to Paddington Farm, Abinger Hammer, to its junction with Balchins Lane, Wescott;
e
the A25 from its junction with Milton Avenue, Westcott, to its junction with Milton Court Lane, Westcott;
f
the A25 from its junction with the B2028, Pixham Lane, eastwards to the district boundary east of Lawrence Lane;
g
the A29 from its junction with the A24, Horsham Road, Beare Green (and including the circulatory carriageway at that junction) to its junction with the B2126, Cole’s Lane;
h
the A29 from its junction with Cathill Lane, near Ockley, southwards to the district boundary;
i
the A246 from its junction with the A24, London Road, Leatherhead, to its junction with the B2122, Guildford Road, near Fetcham (and including the circulatory carriageway at that junction);
j
the A243 from its junction with the B2122, Epsom Road, near Leatherhead, northwards to the district boundary; and
k
the A217 from its junction with the A23, Brighton Road (also known as the London Road), near Horley (and including the circulatory carriageway at that junction) to its junction with Reigate Road, near Hookwood (and including the circulatory carriageway at that junction).
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
24th March 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Schools Forums (England) (Amendment) Regulations 2004.
2
These Regulations come into force on 1st April 2004.
3
These Regulations apply only in relation to England.
Amendments of the Schools Forums (England) Regulations 2002
2
1
The Schools Forums (England) Regulations 2002 are amended as follows.
2
In regulation 1, omit the definition of “schools maintained by the relevant authority” .
3
In regulation 4(2), after sub-paragraph (c) insert the following sub-paragraphs —
d
subject to sub-paragraph (e), where the relevant authority maintain one or more nursery schools, they may instead of treating a nursery school as a primary school, ensure that at least one schools member shall be a representative of a nursery school;
e
if by 1st September 2004 no new elections have been held pursuant to the addition of nursery schools, the authority shall ensure that at least one schools member shall be a representative of a nursery school.
.
4
In regulation 4(3)(a), after the word “authority” insert the following words —
and (subject to regulation 4(2)(d)) includes a maintained nursery school.
5
In regulation 6, after paragraph (2) insert the following paragraphs —
3
Where there is one Academy situated in the relevant authority’s area, the governing body of that Academy may nominate an observer, who shall be entitled to attend all meetings of the forum.
4
Where there are two or more Academies situated in the relevant authority’s area, the governing bodies of those Academies may jointly nominate one observer.
5
If the governing bodies cannot agree the selection of the observer, they may each nominate an observer for one year in turn. The observer for the first year shall be from the first of the Academies to have opened and subsequent observers shall be from each Academy in chronological order of its opening. Where two or more Academies open on the same day, selection shall be in alphabetical order of the name of the Academy.
David Miliband
Minister of State
Department for Education and Skills
23rd February 2004


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Hull Trains Class 222) Exemption Order 2004 and shall come into force on 4th October 2004.
Interpretation
2
In this Order —
a
any reference to “the exempted vehicles” is a reference to the rail vehicles numbered 60191 to 60194 and 60271 to 60274, which form part of the fleet of diesel electric multiple-units numbered 222101 to 222104, as manufactured by Bombardier Transportation Limited in Belgium for use by Hull Trains Company Limited; and
b
any reference to a numbered regulation is a reference to the regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 .
Authorisation and exemption
3
Subject to articles 4 and 5, the exempted vehicles are authorised to be used for carriage even though they do not conform with regulation 14(b), in so far as it applies to the deployment of a folding nappy-changing table in any toilet cubicle to which regulation 20 applies.
Expiry
4
The exemption given by article 3 shall cease at the end of May 2019.
5
The authorisation given by article 3 shall cease immediately in respect of any exempted vehicle if the diesel electric multiple-unit of which the exempted vehicle forms a part is operated by a person other than Hull Trains Company Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
24th August 2004


text:
Citation and commencement
1
These Regulations may be cited as the Health Authorities (Membership and Procedure) Amendment Regulations 2004 and shall come into force on 1st March 2004.
Amendment of Regulations
2
In Schedule 2 to the Health Authorities (Membership and Procedure) Regulations 1996 (Special Health Authorities of which the chairman and members are not disqualified under regulation 10(1)(g)), after “National Treatment Agency” insert “ NHS Professionals Special Health Authority” and “ NHSU ” .
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th January 2004


text:
1
These Regulations may be cited as the Immigration Employment Document (Fees) (Amendment) (No.2) Regulations 2004 and shall come into force on 2nd July 2004.
2
1
The Immigration Employment Document (Fees) Regulations 2003 is amended as follows.
2
In regulation 3, the definition of “the Sectors-Based Scheme” is hereby revoked.
3
In regulation 4:
a
“4B,” is omitted; and
b
for “£95”, there is substituted “£153”.
4
Regulation 4B is hereby revoked.
Des Browne
Minister of State
Home Office
8th June 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 2004 and shall come into force —
a
for the purposes of this regulation and regulations 2(1) to (3) and 3(1) to (3) on 4th October 2004;
b
for all other purposes on 6th October 2004.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment to the Housing Benefit Regulations
2
1
The Housing Benefit Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 2(1) (interpretation), after “polygamous marriage” insert —
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act) —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
.
3
In regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), after paragraph (5) insert —
5A
Where —
a
a person has moved into a dwelling for which he is not liable to make payments (“the new dwelling”); and
b
immediately before that move, he was liable to make payments for the dwelling he previously occupied as his home (“the former dwelling”); and
c
that liability continues after he has moved into the new dwelling,
he shall be treated as occupying the former dwelling as his home for a period not exceeding four benefit weeks if he could not reasonably have avoided liability in respect of that former dwelling.
.
4
In regulation 65 (date on which entitlement is to commence) —
a
in paragraph (1), for “and (3)” substitute “to (5)”;
b
after paragraph (3), add —
4
Subject to paragraph (5), where regulation 72BA (time for claiming housing benefit) applies, a person who makes a claim for, and is otherwise entitled to, housing benefit shall be entitled to that benefit from the benefit week following the first day in respect of which that claim is made.
5
Where regulation 72BA applies, a claimant who is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which the first day in respect of which his claim was made falls, shall be so entitled from that benefit week.
.
5
In regulation 69 (calculation of weekly amounts), in paragraphs (4)(a) and (5)(a) after “regulation 65(2)” in both places it appears, insert “or (5)”.
6
After regulation 72B (date of claim where claim sent or delivered to an office of a designated authority) , insert —
Time for claiming housing benefit
72BA
1
This regulation applies to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (housing benefit regulations) applies.
2
Where this regulation applies, the prescribed time for claiming housing benefit is as regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to housing benefit, that day and the period of twelve months immediately following it.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
3
1
The Council Tax Benefit Regulations shall be amended in accordance with the following paragraphs.
2
In regulation 2(1) (interpretation), after “polygamous marriage” insert —
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act) —
in the case of a woman, pensionable age; or
in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
.
3
In regulation 51 (maximum council tax benefit) —
a
in paragraph (1)(a), omit “section 11 or 79 of”;
b
for paragraph (2), substitute —
2
In calculating a person’s maximum council tax benefit any reduction in the amount that a person is liable to pay in respect of council tax, which is made in consequence of any enactment in, or made under, the 1992 Act, shall be taken into account.
.
4
In regulation 56 (date on which entitlement is to begin) —
a
in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) to (4),”;
b
after paragraph (2), add —
3
Subject to paragraph (4), where regulation 62BA (time for claiming council tax benefit) applies, any person by whom or in respect of whom a claim for council tax benefit is made and is otherwise entitled to that benefit shall be entitled to that benefit from the benefit week following the first day in respect of which that claim is made.
4
Where regulation 62BA applies, a claimant who is otherwise entitled to council tax benefit and becomes liable, for the first time, for a relevant authority’s council tax in respect of the dwelling of which he is a resident in the benefit week in which the first day in respect of which his claim was made falls, shall be so entitled from that benefit week.
.
5
After regulation 62B (date of claim where claim sent or delivered to an office of a designated authority) , insert —
Time for claiming council tax benefit
62BA
1
This regulation applies to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (council tax benefit regulations) applies.
2
Where this regulation applies, the prescribed time for claiming council tax benefit is as regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to council tax benefit, that day and the period of twelve months immediately following it.
.
Signed by the authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27 August 2004


text:
Citation, commencement, application and revocation
1
1
This Order may be cited as the Education (Listed Bodies) (England) Order 2004 and shall come into force on 8th November 2004.
2
This Order only applies to England.
3
The Education (Listed Bodies) (England) Order 2002 is revoked.
Listed Bodies
2
The bodies listed in the Schedule to this Order appear to the Secretary of State to fall, for the time being, within section 216(3) of the Education Reform Act 1988.
Kim Howells
Minister of State,
Department for Education and Skills
25th October 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 and shall come into force on the day after the day on which they are made.
2
These Regulations shall not extend to Scotland or Northern Ireland.
Interpretation
2
1
For the purposes of these Regulations —
“ 1983 Act ” means the Representation of the People Act 1983;
“ 1985 Act ” means the Representation of the People Act 1985;
“ 2000 Act ” means the Local Government Act 2000;
“ 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 ;
“ 2002 Act ” means the European Parliamentary Elections Act 2002 ;
“ 2004 Regulations ” means the European Parliamentary Elections Regulations 2004 ;
“ GLRO ” means the Greater London Returning Officer, being the person who is for the time being the proper officer of the Greater London Authority for the purposes of section 35(2C) of the 1983 Act ;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 ; and
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (England) Regulations 2001 .
2
In the case of a referendum, a reference to a returning officer shall be construed as a reference to a counting officer, within the meaning of regulation 2(1) of the Local Authorities (Conduct of Referendums) (England) Regulations 2001.
Revocation
3
The Representation of the People Regulations 1986 are hereby revoked.
Returning officers and polling stations
4
1
Where the poll at a parliamentary general election is taken together with the poll at another election or referendum under a relevant enactment —
a
those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the parliamentary election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the parliamentary constituency; and
b
only polling stations used for the parliamentary election shall be used for the other election or referendum.
2
Where the above paragraph does not apply and the poll at an ordinary Authority election is taken together with the poll at another election or referendum under a relevant enactment —
a
those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the Authority election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the area for which he acts; and
b
only polling stations used for the Authority election shall be used for the poll at the other election or referendum.
3
Where neither of the above paragraphs applies and the poll at an ordinary county council election is taken together with the poll at another election or referendum under a relevant enactment —
a
those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the county council election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the county or county borough; and
b
only polling stations used for the county council election shall be used for the poll at the other election or referendum.
4
Where none the above paragraphs applies and the poll at an ordinary principal area council election (other than a county council election) is taken together with the poll at another election or referendum under a relevant enactment —
a
those functions of the returning officer at the poll at the other election or referendum which are specified in regulation 5 shall be discharged by the returning officer at the principal area council election for such part of the electoral region, local government area or voting area (as the case may be) as is situated in the principal area; and
b
only polling stations used for the principal area council election shall be used for the poll at the other election or referendum.
5
Where none of the above paragraphs applies and the poll at a mayoral election is taken together with the poll at an election under a relevant enactment —
a
those functions of the returning officer at the poll at the other election which are specified in regulation 5 shall be discharged by the returning officer at the mayoral election for such part of the electoral region or local government area (as the case may be) as is situated in the local government area as respects which the mayoral election is held; and
b
only polling stations used for the mayoral election shall be used for the poll at the other election.
6
Where none of the above paragraphs applies and the poll at a referendum is taken together with the poll at an election under a relevant enactment —
a
those functions of the returning officer at the poll at the election which are specified in regulation 5 shall be discharged by the returning officer at the referendum for such part of the electoral region or local government area (as the case may be) as is situated in the voting area; and
b
only polling stations used for the referendum shall be used for the poll at the election.
7
Where none of the above paragraphs applies and the poll at an ordinary parish or community council election is taken together with the poll at a European Parliamentary election under a relevant enactment —
a
those functions of the returning officer at the European Parliamentary election which are specified in regulation 5 shall be discharged by the returning officer at the parish or community council election for such part of the electoral region as is situated in the area of the parish or community council; and
b
only polling stations used for the parish or community council election shall be used for the European Parliamentary election.
8
Subject to paragraph (9), where the polls at an election and another election or referendum for related areas (within the meaning of section 15(3) of the 1985 Act) are taken together under section 15(2) of the 1985 Act (including by virtue of section 15(2) and (3) as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act) —
a
the returning officers for each election or referendum shall decide which returning officer shall discharge in the related area those functions of the other (or others) which are specified in regulation 5, but the returning officer at a European Parliamentary election shall not discharge those functions; and
b
the only polling stations which shall be used at each election or referendum are the polling stations used at the election or referendum for which the returning officer who discharges the functions referred to in sub-paragraph (a) above acts as returning officer.
9
Where the polls at two or more elections or referendums are taken together other than under a relevant enactment, but one or more such polls are also taken together with the poll at another election or a referendum under a relevant enactment, paragraphs (1) to (7) above shall apply as if —
a
each election (other than a mayoral election) were an ordinary election; and
b
the polls at each election or referendum were taken together under a relevant enactment.
10
In this regulation —
“county council election” mean an election of councillors of a county or county borough;
“principal area” means any of the following —
a county, district or London borough in England, or
a county or county borough in Wales;
“principal area council election” means an election of councillors or London Borough councillors (as the case may be) of a principal area; and
“relevant enactment” means any of the following —
section 15(1) of the 1985 Act; or
section 36(3), (3AB) or (3AC) of the 1983 Act ,
and includes a reference to each section as applied in regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act.
11
In this regulation, except the first reference in paragraph (8)(a), any reference to a returning officer which applies to —
a
the returning officer at a European Parliamentary election, shall be construed as including a reference to the local returning officer,
b
the returning officer at an Authority election, shall be construed as a reference to the constituency returning officer for the Assembly constituency in which the functions specified in regulation 5 are to be discharged.
Functions at combined polls
5
1
The functions referred to in regulation 4 are the functions conferred —
a
at a parliamentary election by those rules in the parliamentary elections rules in Schedule 1 to the 1983 Act which are specified in paragraph (2);
b
at a European Parliamentary election, by those rules in the regulations made under section 7 of the 2002 Act which correspond to the rules specified in paragraph (2);
c
at a local government election, by those rules in the rules made under section 36 of the 1983 Act which correspond to the rules specified in paragraph (2) );
d
at a mayoral election, by those rules in regulations made under sections 44 and 105 of the 2000 Act which correspond to the rules specified in paragraph (2) ;
e
at a mayoral referendum, by those rules in regulations made under sections 45 and 105 of the 2000 Act which correspond to the rules specified in paragraph (2) ;
and, where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, the functions conferred by Part 5 of those Regulations .
2
The rules referred to in paragraph (1) are —
a
rule 23(2) (notice of situation of polling stations etc ) ;
b
where the proceedings on the issue and receipt of postal ballot papers at more than one election or referendum are taken together under regulation 65 of the 2001 Regulations, rule 24 (postal ballot papers) ;
c
rule 25 (provision of polling stations) ;
d
rule 26(1) and (2) (appointment of presiding officers and clerks) to the extent that that rule concerns the appointment of presiding officers and clerks to assist them;
e
rule 29 (equipment of polling stations) ;
f
rule 31(a) (notification of requirement of secrecy at polling stations) ;
g
rule 32(3) (signature of certificate as to employment);
h
rule 33(2)(b) (authorisation to order removal of persons from polling station); and
i
in rule 45 (the count), paragraph (1), as substituted by paragraph 22 of Schedule 2, and paragraph (5) .
3
In this regulation, references to regulation 65 and Part 5 of the 2001 Regulations include references to —
a
the provisions in regulations made under section 7 of the 2002 Act which correspond to that regulation and that Part; and
b
that regulation and that Part as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act.
Modification of provisions about expenses in the 1983 Act
6
1
Where those functions of a returning officer at an election or referendum which are specified in regulation 5 are discharged by the returning officer at another election or referendum under regulation 4, references to the returning officer or his charges or expenditure in —
a
subsections (3), (4), (4A), (4B), (5), (7) and (8) of section 29 (payments by and to returning officer) of the 1983 Act;
b
section 30 (taxation of returning officer’s account) of the 1983 Act; and
c
subsections (4) to (6A) of section 36 (local elections in England and Wales) of the 1983 Act,
shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.
2
The reference in section 36(6) of the 1983 Act to the returning officer or a person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in regulation 5, include a reference to the returning officer who under regulation 4 discharges those functions at the local government election, mayoral election or referendum.
3
In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act the Secretary of State may under section 29(3) of the 1983 Act include special provision for services rendered and expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.
4
In relation to elections and referendums the polls at which are taken together under section 15(1) or (2) of the 1985 Act or section 36(3), (3AB) or (3AC) of the 1983 Act —
a
the council for a county, county borough, district or London borough;
b
the Greater London Authority;
c
the council for the district in which a parish is situated;
d
the council for the county or county borough in which a community is situated,
may, in fixing a scale under subsections (4), (4B), (5) and (5A) respectively of section 36 of the 1983 Act include special provision for expenses incurred in respect of the functions specified in regulation 5 and in respect of the remuneration of presiding officers and clerks by the returning officer who discharges those functions by virtue of regulation 4.
5
In this regulation, references to any provision of an enactment include references to —
a
any provision in regulations made under section 7 of the 2002 Act which corresponds to that provision; and
b
that provision as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act.
Modifications for 2004
7
1
This regulation shall have effect for the purposes of the European Parliamentary general election in 2004, the ordinary Authority election in 2004 the poll at which is to be taken together with the poll at that election and any other election or referendum the poll at which is to be taken together with the poll at the European Parliamentary election.
2
In the case of the London electoral region —
a
section 6(2) of the 2002 Act shall not apply; and
b
the returning officer for that electoral region shall be the GLRO,
but for all purposes he shall be treated as if he were the returning officer by virtue of provision made under section 6(2) of the 2002 Act.
3
In the case of the London electoral region —
a
in addition to any deputy the returning officer may appoint under regulation 7 of the 2004 Regulations, there shall be a designated deputy returning officer (“the designated deputy”);
b
the designated deputy shall be the person who is the acting returning officer for the parliamentary constituency of Croydon Central;
c
the designated deputy shall be entitled to recover charges in respect of services properly rendered by him as if he were a returning officer for the London electoral region, but for all other purposes he shall be treated as if he were a deputy appointed under regulation 7 of the 2004 Regulations.
4
In the definition of a local counting area in regulation 2 of the 2004 Regulations so far as it applies to England and Wales the reference to a parliamentary constituency shall have effect as if it were a reference to —
a
a district in England or a London borough;
b
the City of London (including the Inner and Middle Temples), the Isle of Wight or the Isles of Scilly; or
c
a county or county borough in Wales.
5
In relation to each local counting area in England and Wales (within the meaning of paragraph (4)) —
a
section 6(5A)(a) of the 2002 Act and regulation 6(2) of the 2004 Regulations shall not apply; and
b
the local returning officer for that local counting area shall be —
i
except in the City of London local counting area, the person who is the returning officer for elections of councillors or for elections of London borough councillors (as the case may be) of the local government area that is coterminous with the local counting area; and
ii
in the City of London local counting area, the person who is the returning officer at an election of a constituency member of the London Assembly for the Assembly constituency which includes the area of the City of London,
but for all purposes he shall be treated as if he were the local returning officer for that local counting area by virtue of section 6(5A)(a) of the 2002 Act and regulation 6(2) of the 2004 Regulations.
6
Regulation 65 of the 2001 Regulations, and —
a
that regulation as applied by regulations made under sections 44 and 105 or 45 and 105 of the 2000 Act; and
b
paragraph 27 of Schedule 2 to the 2004 Regulations,
shall have effect as if for the words “may” to “agree” there were substituted the word “must”.
7
The GLRO may include in an election booklet prepared by him under article 7 of the Greater London Authority Elections (Election Addresses) Order 2003 information for voters at the European Parliamentary election in the London electoral region that has been agreed by him with the Electoral Commission —
a
about the system of voting at the European Parliamentary election;
b
about how to vote at that election in a manner that will ensure a vote is regarded as validly cast,
but which —
aa
does not contain any advertising material;
bb
does not contain any material referring to an individual candidate or a registered party standing at the election or to the holder, at any time, of the office of member of the European Parliament; and
cc
must be printed on not more than one side of A5 paper.
8
Where the votes at the Authority election are counted by electronic means, as respects each local counting area comprised in the London electoral region the 2004 Regulations shall have effect as if Part 1 of Schedule 3 to those regulations were substituted by Schedule 1 to these Regulations.
Modification of parliamentary elections rules
8
1
Where the poll at a parliamentary election is to be taken with —
a
the poll at an election under subsection (1) or (2) of section 15 of the 1985 Act; or
b
the poll at a mayoral election or a referendum in accordance with regulations made under section 44 and 105 or 45 and 105 of the 2000 Act,
or two or more such polls, the parliamentary elections rules in Schedule 1 to the 1983 Act shall have effect subject to the provisions of Schedule 2.
Amendments to 2001 Regulations
9
The amendments to the 2001 Regulations specified in Schedule 3 shall have effect.
Signed on behalf of the Secretary of State for Constitutional Affairs
Christopher Leslie
Parliamentary Under Secretary of State
Department for Constitutional Affairs
22nd March 2004


text:
1
This Order may be cited as the A6 Trunk Road (South of Leicester to A14) (Detrunking) Order 2004 and shall come into force on 20th September 2004.
2
In this Order —
i
“the principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A6 Trunk road; and
iii
“the plan” means the plan, numbered HA 10/OD/449, marked “The A6 Trunk Road (South of Leicester to A14) (Detrunking) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at DFT Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport.
Graham Bowskill
Divisional Director in the Highways Agency
3rd July 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2004 and shall come into force on 9th April 2004.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of regulation 11 of the Housing Benefit Regulations
2
In regulation 11(6)(b) of the Housing Benefit Regulations (maximum rent) in heads (i) and (ii) after the words “12A(1)”, in each case where they occur, insert the words “(b), (bb)”.
Amendment of regulation 12A of the Housing Benefit Regulations
3
In regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) —
a
in paragraph (1) —
i
after sub-paragraph (b) insert the following sub-paragraph —
bb
it has received a notification of a change of dwelling; or
; and
ii
in sub-paragraph (d) for the words “or (b) above in relation to” substitute the words “, (b), (bb) or (c) above where the resulting determination has been applied to ”;
b
in paragraph (3) after sub-paragraph (b) insert the following sub-paragraph —
bb
relevant authority receiving a notification of a change of dwelling; or
; and
c
in paragraph (8), at the appropriate place, insert —
“change of dwelling” means a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance;
.
Amendment of Schedule 5A to the Housing Benefit Regulations and Schedule 5A to the Council Tax Benefit Regulations
4
1
In paragraph 12(1) of Schedule 5A to the Housing Benefit Regulations (extended payment of housing benefit) in the definition of “second dwelling” —
a
for the words “or is about to move” substitute the words “, or is about to move,”; and
b
for the words “in respect of rent” substitute the words “of rent in respect”.
2
In paragraph 8(1) of Schedule 5A to the Council Tax Benefit Regulations (extended payment of council tax benefit) in the definition of “second dwelling” for the words “in which he is” to the end of that definition substitute the words “in which he is or will be resident, and where the liability to pay council tax in respect of his dwelling follows on immediately from the liability to pay council tax in respect of his previous dwelling.”.
Local housing allowance
5
1
In relation to the area of a relevant authority specified in Schedule 1 to the Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 the Housing Benefit Regulations shall have effect subject to the modifications and amendments set out in paragraphs (2), (3) and (4).
2
In regulation 10 (rent) —
a
in paragraph (3B) after the words “or (b)(i), (ii) or (iii)” insert the words “(aa)”;
b
in paragraph (3D) after the words “(b)(i),(ii) or (iv)” insert the words “(aa) to (cc)”;
c
in sub-paragraphs (a) to (e) of paragraph (3I) after the words “in accordance with paragraph (3A) which is equal to or exceeds it”, in each place they occur, insert the words “or is based on a maximum rent (standard local rate) determined by virtue of regulation 11A(1)(b)(iv)(dd)”.
3
In regulation 11A (maximum rent (standard local rate)) —
a
in sub-paragraph (b) of paragraph (1) —
i
in head (iii) number the words from “a notification of a change” to the end of that head as sub-head (aa) and after that sub-head insert the following sub-head —
bb
a notification of a change of dwelling where the change occurs on or after the 9th April 2004; or
;
ii
in head (iv) —
aa
after sub-head (bb) omit the word “or”; and
bb
after sub-head (cc) insert the following sub-head —
;or
dd
notification of a change of dwelling; or
; and
b
in paragraph (9), at the appropriate place, insert —
“change of dwelling” has the same meaning as in regulation 12A;”.
4
In paragraph (2B) of regulation 12A after the words “paragraph (1)(a), (aa), (b)” insert the words “,(bb)”.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary-Under Secretary of State,
Department for Work and Pensions
16th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Amendment No. 5) Regulations 2004 and shall come into force on 22nd September 2004.
Amendment of the Social Security (Contributions) Regulations 2001
2
1
Paragraph 7 of Schedule 4 to the Social Security (Contributions) Regulations 2001 (recovery of Class 1 contributions: calculation of amount of deduction) shall be amended as follows.
2
For sub-paragraph (9) substitute —
9
Sub-paragraph (11) applies where —
a
an employee receives non-monetary earnings comprising, or derived from, relevant securities; or
b
during the post-cessation period a former employee receives non-monetary earnings —
i
comprising, or derived from, relevant securities; and
ii
in connection with the former employment.
Here “the post-cessation period” means the period beginning with the day on which the employment ceased and ending with the last day of the next tax year.
.
3
For sub-paragraphs (11) and (12) substitute —
11
Where this sub-paragraph applies, the employer or former employer may —
a
retain such of the relevant securities as is necessary to enable him to recover the whole or any part of the primary Class 1 contributions in respect of those securities; and
b
sell those securities.
This sub-paragraph is subject to sub-paragraphs (12) and (12A).
11A
In sub-paragraphs (9), (11), (12) and (12A) “relevant securities” means securities in respect of which an amount is chargeable to income tax as employment income.
12
The employer or former employer shall not retain or sell relevant securities without the prior written consent of the employee or former employee.
12A
An employer or former employer who has retained relevant securities in accordance with sub-paragraph (11) shall account to the employee or former employee in respect of so much of the proceeds of sale as is not required to enable the employer or former employer to recover the primary Class 1 contributions in respect of those securities.
.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
1st September 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Runnymede) Order 2004 and shall come into force on 8th November 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Runnymede except —
a
the entire length of the M3, including its on and off slip roads, within the borough;
b
the entire length of the M25, including its on and off slip roads, within the borough;
c
the A30 from the southern boundary of the borough to immediately after its junction with Wick Road; and
d
the A308 from its roundabout junction with the A30 at Runnymede Roundabout (including the circulatory carriageway at that roundabout) to its roundabout junction with the B3376 and A320 (but not including the circulatory carriageway at that roundabout).
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State,
Department for Transport
7th October 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Medicines (Pharmacy and General Sale — Exemption) Amendment (No. 2) Order 2004 and shall come into force on 18th May 2004.
2
In this Order, “the principal Order ” means the Medicines (Pharmacy and General Sale — Exemption) Order 1980 .
Amendment of article 1 of the principal Order
2
In article 1(2) of the principal Order (interpretation), in the appropriate alphabetical place, insert the following definitions —
“registered dietitian” means a person who is registered in Part 4 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001 ;
;
“registered occupational therapist” means a person who is registered in Part 6 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001;
;
“registered orthotist and prosthetist” means a person who is registered in Part 10 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001;
; and
“registered speech and language therapist” means a person who is registered in Part 12 of the register maintained by the Health Professions Council under article 5 of the Health Professions Order 2001;
.
Amendment of Schedule 3 to the principal Order
3
In Schedule 3 to the principal Order (classes of individual by whom supplies may be made), at the end of the list in Part III add —
“Registered dietitians.”;
“Registered occupational therapists.”;
“Registered orthotists and prosthetists.”; and
“Registered speech and language therapists.”
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
21st April 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. C. Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
22nd April 2004


text:
1
These Regulations may be cited as the Travel Documents (Fees) Amendment Regulations 2004 and shall come into force on 1st April 2004.
2
The Travel Documents (Fees) Regulations 1999 shall be amended by substituting the sum of £42 for the sum of £28 in regulation 3(1).
Beverley Hughes
Minister of State
Home Office
2nd March 2004
We approve,
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2004