text:
Citation and commencement
1
These Regulations may be cited as the School Governance (Constitution and Procedures) (England) (Amendment) Regulations 2003 and come into force on 1st September 2003.
Amendment of the School Governance (Constitution) (England) Regulations 2003
2
The School Governance (Constitution) (England) Regulations 2003 are amended by —
a
after regulation 3(2), inserting the following paragraph —
3
Parts 2 to 5 of these Regulations do not apply to a governing body constituted under an instrument of government that is in effect prior to 1st September 2003.
;
b
after regulation 4(3), inserting the following paragraph —
4
Schedule 1 shall apply to the election and appointment of parent governors.
;
c
in regulation 12(4) after the words “the nearest whole number” insert the words “and regulations 13 to 16 shall be interpreted subject to this provision”; and
d
re-numbering regulation 34 as regulation 34(2) and inserting before it the following paragraph —
34
1
In relation to a governing body constituted under an instrument of government that is in effect before 1st September 2003 —
a
the local education authority has the power to appoint LEA governors, and
b
the governing body has the power to appoint co-opted governors to fill any vacancy that may arise for a governor of the respective category.
Amendment of the School Governance (Procedures) (England) Regulations 2003
3
For regulation 14 of the School Governance (Procedures) (England) Regulations 2003 (“the Procedures Regulations”) there is substituted the following regulation —
14
1
In this regulation and in the Schedule —
a
“relevant person” means a governor, an associate member, the head teacher (whether or not he is a governor) or any person appointed as clerk to the governing body or to a committee; and
b
any reference to a “meeting of the school” is a reference to a meeting of the governing body or of a committee.
2
Subject to paragraph (4), where —
a
in relation to any matter there may be a conflict between the interests of a relevant person and the interests of the governing body;
b
a fair hearing is required and there is any reasonable doubt about a relevant person’s ability to act impartially in relation to any matter; or
c
a relevant person has a pecuniary interest in any matter;
that person, if present at a meeting of the school at which the matter is the subject of consideration, shall disclose his interest, withdraw from the meeting and not vote on the matter in question.
3
Nothing in this regulation or in the Schedule shall be construed as precluding —
a
the governing body, or a committee, from —
i
allowing a person who appears to them to be able to give evidence to attend any hearing conducted by them into any matter and to present his evidence, or
ii
hearing representations from a relevant person acting in a capacity other than that of a relevant person; or
b
a relevant person from entering into a contract with the governing body from which he is entitled to profit.
4
A person who is acting as the clerk to a meeting of the school shall not be required to withdraw from a meeting by this regulation or the Schedule unless his appointment to office, his remuneration, or disciplinary action against him is the subject of consideration, but if this regulation or the Schedule would have otherwise required him to withdraw, he shall not act in any capacity other than that of a clerk.
5
Where there is any dispute as to whether a relevant person is required by this regulation or by the Schedule to withdraw from a meeting of the school and not vote, that question shall be determined by the other governors present at the meeting.
6
The Schedule makes provision about pecuniary interests and other specified conflicts of interest.
4
For the Schedule to the Procedures Regulations there is substituted the following Schedule —
SCHEDULE
Pecuniary interests and other specified conflicts of interest
Regulation 14
Pecuniary interests
1
–
1
For the purposes of regulation 14(2), a pecuniary interest in a contract, proposed contract or other matter includes a case where —
a
a relevant person was nominated or appointed to office by a person with whom the contract was made or is proposed to be made;
b
a relevant person is a partner of a person with whom the contract was made or is proposed to be made; or
c
a relative of a relevant person (including his spouse or some one living with that person as if he or she were that person’s spouse), to the knowledge of that person has, or would be treated as having, such an interest.
2
For the purposes of regulation 14(2), a relevant person shall not be treated as having a pecuniary interest in any matter —
a
provided his interest in the matter is no greater than the interest of the generality of those paid to work at the school;
b
by reason only of the fact that he was nominated or appointed to office by, he is a member of, or is employed by, any public body; or
c
by reason only of the fact that he is a member of a corporation or other body if he has no financial interest in any securities of that corporation or other body.
3
Governors shall not, by reason of their pecuniary interest in the matter, be prevented from considering and voting upon proposals for the governing body to take out insurance protecting its members against liabilities incurred by them arising out of their office and the governing body shall not, by reason of the pecuniary interest of its members, be prevented from obtaining such insurance and paying the premiums.
Office of governor, chair, vice-chair or clerk
2
1
This sub-paragraph applies where a relevant person is present at a meeting of the governing body at which a subject of consideration is —
a
his own appointment, reappointment, suspension or removal as a member of the governing body;
b
his own appointment or removal from office as clerk to, or chair or vice-chair of, the governing body; or
c
if he is a sponsor governor, any determination under paragraph 2 of Schedule 5 to the Constitution Regulations as to the provision in the instrument of government for sponsor governors.
2
In any case where sub-paragraph (1) applies the relevant person’s interests shall be treated for the purpose of regulation 14(2) as being in conflict with the governing body’s interests.
Pay or appraisal of persons working at the school
3
1
This sub-paragraph applies where a relevant person who is paid to work at a school other than as head teacher is present at a meeting of the school at which a subject of consideration is the pay or performance appraisal of any particular person employed to work at the school.
2
This sub-paragraph applies where a head teacher of a school is present at a meeting of the school at which a subject of consideration is his own pay or performance appraisal.
3
In any case where sub-paragraph (1) or (2) applies, the relevant person’s interests shall be treated for the purpose of regulation 14(2) as being in conflict with the governing body’s interests.
David Miliband
Minister of State,
Department for Education and Skills
22nd July 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) (Revocation and Saving) (England) Order 2003 and shall come into force on 30th September 2003.
Revocation and saving
2
1
Subject to paragraph (2), the Leasehold Valuation Tribunals (Service Charges, Insurance or Appointment of Managers Applications) Order 1997 is hereby revoked in relation to England.
2
The revocation in paragraph (1) shall not have effect in relation to any application made to a leasehold valuation tribunal before 30th September 2003 in respect of premises in England.
Signed by authority of the First Secretary of State
Yvette Cooper
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
4th September 2003


text:
Title, extent, commencement and cessation
1
This Order may be cited as the Disease Control (Interim Measures) (England) Order 2003; it extends to England, comes into force on 4th March and ceases to have effect on 1 August 2003.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, pigs and sheep;
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);
“keeper” means any person having care and control of animals even on a temporary basis and includes, for the purposes of article 8(2)(a), any person transporting the animals;
“land” includes common or unenclosed land;
“premises” includes land, with or without buildings;
“sole occupancy group” has the meaning assigned by article 5;
“veterinary surgeon” means a fellow or member of the Royal College of Veterinary Surgeons;
“slaughterhouse” has the meaning it is given in the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“standstill period” means a period when animals may not be moved off premises because of the provisions of article 3(1)(b); and
“veterinary treatment” includes, in the case of goats, the collection of semen.
Restrictions on the movement of animals
3
1
No person shall move an animal from any premises unless —
a
the movement is made under the authority of a licence issued by the Secretary of State or an inspector; and
b
no sheep, goats or cattle have been moved on to those premises during the previous 6 days, and no pigs have been moved on to those premises during the previous 20 days (“the standstill period”).
2
Notwithstanding paragraph (1), animals may be moved off premises during the standstill period if —
a
the movement is one specified in Schedule 1, or
b
a permit disapplying the standstill period has been issued by a veterinary inspector.
3
The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.
4
The requirement for a licence in paragraph (1)(a) does not apply to any movement authorised by a licence under article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) ( No. 2) Order 2002 (licences relating to pet pigs).
5
The requirements of paragraph (1) do not apply to a movement —
a
licensed under the Foot-and-Mouth Disease Order 1983 , or
b
to or from any zoo licensed under the Zoo Licensing Act 1981 .
Restrictions on movements to and from slaughterhouses
4
No person shall —
a
move any animal to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there; or
b
receive any animal from a slaughterhouse unless, in the case of any animal other than a pig, under the authority of a licence issued by a veterinary inspector.
Sole occupancy groups
5
The Secretary of State may authorise sets of premises as sole occupancy groups if she is satisfied that the premises are linked in terms of their control.
Licences, permits and authorisations
6
1
Any licence, permit or authorisation under this Order shall be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued —
a
by the Secretary of State, in the case of a licence, permit or authorisation issued by the Secretary of State or an inspector of any kind;
b
by a veterinary inspector, in the case of a licence or permit issued by a veterinary inspector or any other inspector of the Secretary of State;
c
by an inspector of the Secretary of State (other than a veterinary inspector), in the case of a licence issued by any such inspector; or
d
by an inspector of a local authority, in the case of a licence issued by an inspector of that local authority.
2
In deciding whether to issue a licence under article 3(1)(a) or a permit under article 3(2) an inspector or a veterinary inspector shall comply with any instructions issued by the Secretary of State.
Licences issued in Scotland or Wales
7
A licence issued by the competent authority in Scotland or Wales for the purpose of the movement of animals operates in England as if it had been granted under this Order.
Notices prohibiting movement under a general licence
8
1
Where a general licence has been issued under article 3(1)(a), the Secretary of State may issue a notice prohibiting —
a
the movement under the authority of that licence of any animal from any premises specified in the notice; or
b
any person specified in the notice from moving animals under the authority of that licence either generally or to or from any premises specified in the notice.
2
A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that —
a
the provisions of this Order or of the general licence are not or have not been complied with in relation to animals moved to or from the premises in question or in relation to the movement of any other animals of which the person on whom the notice is to be served is or has at any time been the keeper, and
b
the service of a notice is necessary to prevent a possible spread of disease.
3
A notice issued under paragraph (1)(a) shall be served on the occupiers of each of the premises specified in the notice and in any other way that the Secretary of State thinks fit to draw the notice to the attention of persons affected by it.
4
A notice issued under paragraph (1)(b) shall be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.
5
A notice shall be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the Secretary of State.
Specific licences
9
1
An animal moved under a specific licence shall —
a
be moved by the most direct route available to the place of destination specified in the licence, and
b
be accompanied throughout the movement by the licence.
2
The person in charge of any animal moved under a specific licence shall, on demand made by a constable or by an inspector or other officer of the Secretary of State or of a local authority —
a
produce the licence;
b
allow a copy or an extract to be taken; and
c
if so required, furnish his name and address.
3
Every animal which is moved under the authority of a licence under this Order shall be kept separate throughout such movement from any animal which is not being moved under the authority of that licence.
4
Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the licence before allowing the animals to be unloaded; and
b
keep the licence for six months and produce it to an inspector on request.
General licences
10
Where animals are moved under a general licence, and that licence requires the person moving the animals to have a movement document, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the top copy of the movement document before allowing the animals to be unloaded;
b
complete the top copy to indicate that he has received the animals, sign it, and send it to the local authority without delay; and
c
keep a copy of the completed document for six months.
Copies of licences
11
Where an inspector of a local authority issues a licence under article 3(1)(a), he shall retain a copy of the licence for six months.
Compliance with licences, etc.
12
If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.
Cleansing and disinfection
13
1
A licence issued under article 3(1)(a), a permit issued under article 3(2) or an authorisation under article 5 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of the Transport of Animals (Cleansing and Disinfection) (England) Order 2003 .
2
The person responsible for moving animals shall ensure, except where the licence, authority or permit provides otherwise, that all the requirements relating to cleansing and disinfection are met as soon as possible after the animals have been unloaded and, in any case, before the vehicle is moved from the premises to which the animals have been moved.
3
Where animals are moved under a licence, the occupier of the premises which they are moved on to shall provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.
Change of occupation of premises
14
1
Where, on the termination of his right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises shall —
a
afford the owner of that animal and any person authorised by him for the purpose, all such facilities as may be necessary for feeding, tending or otherwise using that animal (including selling it) as the owner may reasonably require; or
b
where the owner of that animal is unable or unwilling to avail himself of such facilities, take all such steps as may be necessary to ensure that the animal is properly fed, tended and kept.
2
The provisions of paragraph (1) shall continue to apply until the expiration of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.
Enforcement
15
This Order shall be enforced by the local authority or the Secretary of State.
Revocations
16
The following are revoked —
a
The Disease Control (Interim Measures) (England) (No.2) Order 2002 ;
b
The Disease Control (Interim Measures) (England) (No.2) (Amendment) Order 2002 ;
c
The Disease Control (Interim Measures) (England) (No. 2) (Amendment) Order 2003 .
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
10th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Private Hire Vehicles (London) (Transitional and Saving Provisions) (Amendment) Regulations 2003 and shall come into force on 18th December 2003.
Preliminary
2
The Private Hire Vehicles (London) (Transitional and Saving Provisions) Regulations 2003 shall be amended in accordance with the following provisions of these Regulations.
Issue of temporary permits
3
The following paragraph shall be substituted for paragraph (1) of regulation 5 —
1
Transport for London may issue a temporary permit to —
a
any existing driver; or
b
an applicant for a London PHV driver’s licence who, at any time before 1st April 2006, has submitted an application which —
i
meets all requirements of Transport for London made pursuant to section 15(1), (2) and (4) of the 1998 Act; and
ii
for which any prescribed fee (or instalment) due in accordance with regulations made by Transport for London under section 20 has been paid.
Duration of temporary permits
4
In regulation 6(1) after sub-paragraph (b) there shall be inserted the following sub-paragraph —
bb
in the case of a temporary permit issued pursuant to regulation 5(1)(b), on the last day of the period of 3 months beginning with the day on which the temporary permit is issued or such later date (if any) as Transport for London may from time to time notify to the holder;
.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary under Secretary of State,
Department for Transport
25th November 2003


text:
Citation and commencement
1
This Order may be cited as the Government Resources and Accounts Act 2000 (Summarised Accounts of Special Health Authorities) Order 2003 and shall come into force on 23rd May 2003.
Summarised accounts of Special Health Authorities
2
Section 98(4) of the National Health Service Act 1977 (requirement to prepare summarised accounts) shall not apply in relation to the Special Health Authorities listed in the Schedule for a financial year ending on 31st March 2004, 31st March 2005, or 31st March 2006.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
1st April 2003


text:
Citation and commencement
1
This Order may be cited as the Release of Short-Term Prisoners on Licence (Repeal of Age Restriction) Order 2003 and shall come into force on the expiry of seven days after the day on which it is made.
Repeal of age restriction
2
In section 34A(1) of the Criminal Justice Act 1991, the words “aged 18 or over” are repealed.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
6th July 2003


text:
Citation, commencement and territorial application
1
1
These Regulations may be cited as the Waste Management Licensing (Amendment) (England) Regulations 2003 and shall come into force on 1st April 2003.
2
These Regulations apply to England only.
Amendment of the Waste Management Licensing Regulations 1994
2
The Waste Management Licensing Regulations 1994 are hereby amended in accordance with the following provisions of these Regulations.
Interpretation – scrap metal dealer
3
In regulation 1(3) , for the definition of “scrap metal” there is substituted the following —
“scrap metal dealer” has the meaning given by section 9(1), and “scrap metal” has the meaning given by section 9(2), of the Scrap Metal Dealers Act 1964 ;”.
Technical competence
4
For regulation 4 there is substituted the following —
Technical competence
4
1
Subject to paragraph (2) of this regulation and regulation 5 below, and without prejudice to the European Communities (Recognition of Professional Qualifications) (Second General System) Regulations 2002 , Schedule 1A has effect to prescribe for the purposes of section 74(3)(b) of the 1990 Act (management of activities to be in the hands of a technically competent person) the qualifications required of a person if that person is to be considered technically competent in relation to a facility of a type listed in Table 1 of that Schedule.
2
Paragraph (1) does not apply in relation to a facility which is used exclusively for the purpose of —
a
carrying on business as a scrap metal dealer;
b
dismantling motor vehicles; or
c
the burial of dead domestic pets.
.
Transitional provision
5
In regulation 5, the following paragraph is added at the end —
8
Where —
a
a person was technically competent for the purposes of section 74(3)(b) of the 1990 Act in relation to a description of facility immediately prior to the coming into force of the Waste Management Licensing (Amendment) (England) Regulations 2003 (“the 2003 Regulations ”) (whether or not the management of a facility of that description was in the hands of that person at that time); and
b
that person would, in order to manage a facility of that description, be required to obtain a new certificate in order to remain technically competent in relation thereto as a result of the 2003 Regulations,
then, until the expiry of two years commencing on the coming into force of the 2003 Regulations that person shall be treated as technically competent in relation to a facility of that description for the purposes of section 74(3)(b) of the 1990 Act.
.
Insertion of Schedule 1A – Certificates of Technical Competence
6
There is inserted into the Waste Management Licensing Regulations 1994 after Schedule 1 the schedule set out in the Schedule to these Regulations.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
9th March 2003


text:
Citation
1
This Order may be cited as the Railways and Transport Safety Act 2003 (Commencement No. 1) Order 2003.
Commencement of provisions
2
The following provisions of the Railways and Transport Safety Act 2003 shall come into force on 31st October 2003 —
a
section 111 (highways: snow and ice); and
b
section 115 (railways in London: information).
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
13th October 2003


text:
Citation
1
This Order may be cited as the Child Support, Pensions and Social Security Act 2000 (Commencement No.13) Order 2003.
Amendment of earlier Order
2
For article 6 of the Child Support, Pensions and Social Security Act 2000 (Commencement No. 12) Order 2003 (appointed day for section 23, and associated repeal) there shall be substituted the following article: —
Appointed day for section 23 and associated repeal
6
1
The day appointed for the coming into force of the provisions specified in paragraph (2) for the purposes of cases specified in paragraph (3) is —
a
as respects any case specified in paragraph (3)(a) where, before 3rd March 2003, relevant maintenance is paid or payable —
i
where 3rd March 2003 is the day on which the maintenance calculation in relation to that case takes effect, 3rd March 2003,
ii
where the maintenance calculation in relation to that case takes effect on a day later than 3rd March 2003, that later day;
b
as respects any other case specified in paragraph (3)(a), 3rd March 2003;
c
as respects any case which is specified in paragraph (3)(b) —
i
where 3rd March 2003 is the case conversion date in relation to that case, 3rd March 2003,
ii
where a day later than 3rd March 2003 is the case conversion date in relation to that case, that later day;
d
as respects any case specified in paragraph (3)(c) which is referred to —
i
in paragraph (a) of article 4, the day on which the claim for the benefit mentioned in that paragraph is made,
ii
in paragraph (b) of that article, the day on which the Secretary of State is notified that the authorisation mentioned in sub-paragraph (iii) of that paragraph is withdrawn,
iii
in paragraph (c) of that article, 3rd March 2003;
e
as respects any case which is specified in sub-paragraph (d) of paragraph (3), the day on which the maintenance referred to in that sub-paragraph is first paid.
2
The provisions mentioned in paragraph (1) are —
a
section 23 (section 10 of the Child Support Act 1995 to cease to have effect); and
b
Part I of Schedule 9 in so far as it relates to the repeal of section 10 of the Child Support Act 1995.
3
The cases mentioned in paragraph (1) are —
a
cases referred to in sub-paragraph (a) of article 3(1);
b
cases referred to in sub-paragraph (b) or (c) of article 3(1);
c
cases referred to in paragraph (a), (b) or (c) of article 4;
d
cases to which sub-paragraphs (a) to (c) do not apply where, on or after 3rd March 2003, relevant maintenance is first paid.
4
For the purposes of sub-paragraph (d) of paragraph (3), a case shall not be regarded as one to which that sub-paragraph does not apply by reason only of the fact that relevant maintenance was paid or payable before 3rd March 2003 —
a
in respect of the care of a different child;
b
under an earlier agreement; or
c
by virtue of an earlier order of the court.
5
In this article —
“case conversion date” means the date which is, by virtue of regulation 15 of the Child Support (Transitional Provisions) Regulations 2000 , the case conversion date in relation to that case; and
“relevant maintenance” means maintenance, other than child support maintenance, which is paid or payable —
to a person who has the care of a child in the United Kingdom;
in respect of the care of the child; and
under an agreement (whether enforceable or not) between that person and the person by whom the maintenance is payable, or by virtue of an order of the court.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
22nd February 2003.


text:
Citation and commencement
1
This Order may be cited as the Grinling Gibbons Primary School (Change to School Session Times) Order 2002 and shall come into force on 28th April 2003.
Exemption from School Sessions Regulations
2
The Changing of School Session Times Regulations 1999 shall not apply to the governing body of Grinling Gibbons Primary School of Clyde St, Deptford, London, SE8 5LW.
Time limit
3
This order shall have effect until 31st July 2003.
David Miliband
Minister of State
Department for Education and Skills
12th March 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Barnsley (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Barnsley;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Barnsley (Electoral Changes) Order 2003”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Barnsley Metropolitan Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of Barnsley
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in Schedule 1.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Barnsley
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004, for any ward of the borough, one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004, for any ward of the borough —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Penistone
5
1
The existing wards of the parish of Penistone shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Cubley and Springvale, Hoylandswaine, Penistone, and Thurlstone and Millhouse; 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 parish ward of Penistone shall be six, for the parish ward of Cubley and Springvale shall be four, for the parish ward of Thurlstone and Millhouse shall be three, and for the parish ward of Hoylandswaine shall be two.
Wards of the parish of Tankersley
6
The parish of Tankersley shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Maps
7
Barnsley Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Barnsley (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
8
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
9
The Borough of Barnsley (Electoral Arrangements) Order 1978 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 28th day of November 2003.
Sam Younger
Chairman of the Commission
28th November 2003
Jacqui Dixon
Secretary to the Commission
28th November 2003


text:
Citation and interpretation
1
1
These Regulations may be cited as the Local and European Parliamentary Elections (Registration of Citizens of Accession States) Regulations 2003 and shall come into force on 9th July 2003.
2
In these Regulations —
“the 1983 Act ” means the Representation of the People Act 1983 , and expressions defined in the 1983 Act shall have the same meaning in these Regulations;
“the 1989 Act ” means the Elected Authorities (Northern Ireland) Act 1989 , and expressions defined in the 1989 Act shall have the same meaning in these Regulations;
“the 2001 Franchise Regulations ” means the European Parliamentary Elections (Franchise of Relevant Citizens of the Union) Regulations 2001 ;
“Accession State” means any of the following states —
the Czech Republic,
the Republic of Estonia,
the Republic of Cyprus,
the Republic of Latvia,
the Republic of Lithuania,
the Republic of Hungary,
the Republic of Malta,
the Republic of Poland,
the Republic of Slovenia, or
the Slovak Republic;
“citizen of an Accession State” means a national of one of the Accession States and “relevant citizen of an Accession State” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland; and
“ Treaty of Athens ” means the Treaty signed at Athens on 16th April 2003 concerning the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union.
Modification of the 1983 Act
2
1
The provisions of the 1983 Act shall apply for the purposes of —
a
the registration of relevant citizens of the Accession States as local government electors before 1st May 2004,
b
making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and
c
the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date,
subject to the following modifications.
2
In section 4 (entitlement to registration) , insert after subsection (3) —
3A
The entry in the register of local government electors for a relevant citizen of an Accession State shall, subject to subsection (3B) below, include a mark against his name in the register consisting of the letter “Y” to indicate that he is registered as a relevant citizen of an Accession State and, before the date on which that Accession State accedes to the European Union, he shall not be treated as an elector for any purposes other than those of an election the poll for which is held on or after that date.
3B
Where a relevant citizen of an Accession State is registered in the register of local government electors, and that State accedes to the European Union on 1st May 2004, the mark referred to in subsection (3A) above shall be removed from his entry in the register.
3C
From 1st May 2004, no relevant citizen of an Accession State shall be entitled to be registered in the register of local government electors under subsection (3)(c) unless he has become a relevant citizen of the Union following the accession to the European Union of the Accession State of which he is a national.
.
3
In —
a
section 4(3)(c);
b
section 7B(3)(e) ;
c
section 7B(7)(a);
d
section 15(5)(a) ;
e
section 16(e) ; and
f
section 17(1)(c) ,
for “relevant citizen of the Union” substitute in each case “relevant citizen of the Union or of an Accession State”.
4
In section 49 (effect of registers), insert after subsection (5) —
5A
Nothing in subsection (5) shall prevent a relevant citizen of an Accession State from being excluded from voting on the ground that the Accession State of which he is a national has not acceded to the European Union.
.
5
In section 61(1) (other voting offences), for the words “For the purposes of this subsection” to the end of the subsection, substitute —
For the purposes of this subsection, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at which or for which they are done —
include his being below voting age if he will be of voting age on that day;
include his being a citizen of an Accession State, and therefore not entitled to vote until the Accession State in question accedes to the European Union on 1st May 2004.
.
6
In section 62 (offences as to declarations), insert after subsection (2) —
3
For the purposes of subsection (1), a person shall not be treated as being subject to a legal incapacity to vote because he is a citizen of an Accession State, and therefore not entitled to vote until the Accession State in question accedes to the European Union on 1st May 2004.
.
7
In section 202(1) of the 1983 Act —
a
there shall be inserted at the appropriate place —
“Accession State” means any of the following States —
the Czech Republic,
the Republic of Estonia,
the Republic of Cyprus,
the Republic of Latvia,
the Republic of Lithuania,
the Republic of Hungary,
the Republic of Malta,
the Republic of Poland,
the Republic of Slovenia, or
the Slovak Republic;
;
“citizen of an Accession State” means a national of one of the Accession States and “relevant citizen of an Accession State” means such a citizen who is not a Commonwealth citizen or a citizen of the Republic of Ireland
; and
b
in the definition of “elector”, after the word “age”, insert “, or, subject to section 4(3A), those shown in the register as a relevant citizen of an Accession State,”.
Modification of the Electoral Law (Northern Ireland) Act 1962
3
1
Paragraph 12A (supplementary provisions about voting offences) of Schedule 9 to the Electoral Law (Northern Ireland) Act 1962, shall for the purposes of —
a
the registration of relevant citizens of the Accession States as local electors before 1st May 2004, and
b
making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004,
apply subject to the modification in paragraph (2).
2
In sub-paragraph (1), for the words “For the purposes of this sub-paragraph” to the end of the sub-paragraph, substitute —
For the purposes of this sub-paragraph, references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at which or for which they are done —
include his being below voting age if he will be of voting age on that day;
include his being a citizen of an Accession State, and therefore not entitled to vote until the Accession State in question accedes to the European Union on 1st May 2004.
.
Modification of the 1989 Act as regards the application of the 1983 Act to local elections in Northern Ireland
4
Section 2 of, and Schedule 1 to, the 1989 Act (application of provisions of Representation of the People Act 1983 to local elections in Northern Ireland) shall for the purposes of —
a
the registration of relevant citizens of the Accession States as local electors before 1st May 2004,
b
making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and
c
the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date,
apply subject to the further modifications to the 1983 Act made in regulation 2 above.
Amendment of the 2001 Franchise Regulations: applications and declarations to be sent to the appointed person
5
Regulation 8 (copies of certain applications and declarations to be sent to the Secretary of State) of the 2001 Franchise Regulations shall be amended as follows —
a
in paragraph (1), for “Secretary of State” substitute “the person shown as the representative of the State in respect of which the applicant is a national in a direction containing a list of such representatives issued by the Lord Chancellor in accordance with paragraph (3) below”.
b
insert after paragraph (2) —
3
The Lord Chancellor shall issue directions identifying the representative for each Member State of the European Union to whom the documents referred to in paragraph (1) above are to be sent.
.
Modification of the 2001 Franchise Regulations
6
The provisions of the 2001 Franchise Regulations shall apply for the purposes of —
a
the registration of relevant citizens of the Accession States as European Parliamentary electors before 1st May 2004,
b
making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and
c
the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date,
subject to the modifications made in Schedule 1 to these Regulations.
Consequential modifications
7
The provisions of the Representation of the People (England and Wales) Regulations 2001 , the Representation of the People (Scotland) Regulations 2001 , the Representation of the People (Northern Ireland) Regulations 2001 , the Local Elections (Northern Ireland) Order 1985 , the Scottish Parliament (Elections etc ) Order 2002 and the National Assembly for Wales (Representation of the People) Order 2003 shall apply for the purposes of —
a
the registration of relevant citizens of the Accession States as local electors before 1st May 2004,
b
making arrangements for persons so registered to exercise the right to vote if they become relevant citizens of the Union on 1st May 2004, and
c
the alteration or removal of entries on the register in relation to relevant citizens of the Accession States after that date,
subject to the modifications made in Schedule 2 to these Regulations.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
12th June 2003


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Immigration) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation
2
In these Regulations–
“the Act” means the Tax Credits Act 2002;
“the Child Tax Credit Regulations” means the Child Tax Credit Regulations 2002 ;
“immigration rules” has the meaning given by section 33 of the Immigration Act 1971 ;
“joint claim” has the meaning given by section 3(8) of the Act;
“limited leave” has the meaning given by section 33 of the Immigration Act 1971;
“married couple” and “unmarried couple” have the meanings given by section 3(5) and (6) of the Act respectively;
“person subject to immigration control” has the meaning in section 115(9) of the Immigration and Asylum Act 1999 ;
“refugee” means a person who has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967 ;
“tax credit” refers to either child tax credit or working tax credit and references to tax credits are to both of them;
“the Working Tax Credit Regulations” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 .
Exclusion of persons subject to immigration control from entitlement to tax credits
3
1
No person is entitled to child tax credit or working tax credit while he is a person subject to immigration control, except in the following Cases, and subject to paragraphs (2) to (9).
Case 1
He is a person who–
a
has been given leave to enter, or remain in, the United Kingdom by the Secretary of State upon the undertaking of another person or persons, pursuant to the immigration rules, to be responsible for his maintenance and accommodation, and
b
has been resident in the United Kingdom for a period of at least 5 years commencing on or after the date of his entry into the United Kingdom, or the date on which the undertaking was given in respect of him, whichever is the later.
Case 2
He is a person who —
a
falls within the terms of paragraph (a) of Case 1, and
b
has been resident in the United Kingdom for less than the 5 years mentioned in paragraph (b) of Case 1,
but the person giving the undertaking has died or, where the undertaking was given by more than one person, they have all died.
Case 3
He is a person who satisfies the following conditions —
a
he has limited leave to enter or remain in the United Kingdom;
b
that leave was subject to a condition that he does not have recourse to public funds, during that period of limited leave;
c
he has, during so much as has elapsed of that period of limited leave (including that period as extended), supported himself without recourse to public funds, other than any such recourse by reason of the previous satisfaction of these conditions;
d
he is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted;
e
there is a reasonable expectation that his supply of funds will be resumed; and
f
the period (or aggregate of periods) for which this Case applies does not exceed 42 days during any single period of limited leave (including any extension to that period).
Case 4
Where the claim is for working tax credit, he is —
a
a national of a state which has ratified the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953) or of a state which has ratified the Council of Europe Social Charter (signed in Turin on 18th October 1961), and
b
lawfully present in the United Kingdom.
The Case so described also applies where —
a
the claim is for child tax credit,
b
the award of child tax credit would be made on or after 6th April 2004, and
c
immediately before the award is made (and as part of the transition of claimants entitled to elements of income support and income-based jobseeker’s allowance, to child tax credit) the person is, or will on the making of a claim be, entitled to any of the amounts in relation to income support or income-based jobseeker’s allowance which are described in section 1(3)(d) of the Act.
Case 5
Where the claim is for child tax credit, he is —
a
a person who is lawfully working in the United Kingdom, and
b
a national of a State with which the Community has concluded an Agreement under Article 310 of the Treaty of Amsterdam amending the Treaty on European Union, the Treaties establishing the European Communities and certain related Acts providing, in the field of social security, for the equal treatment of workers who are nationals of the signatory State and their families .
2
Where one member of a married couple or unmarried couple is a person subject to immigration control, and the other member is not or is within any of Cases 1 to 5 or regulation 5 —
a
the calculation of the amount of tax credit under the Act, the Child Tax Credit Regulations and the Working Tax Credit Regulations (including any second adult element or other element in respect of, or determined by reference to, that person),
b
the method of making (or proceeding with) a joint claim by the couple, and
c
the method of payment of the tax credit,
shall, subject to paragraph (3), be determined in the same way as if that person were not subject to such control.
3
Where the other member is within Case 4 or 5 or regulation 5, paragraph (2) shall only apply to the tax credit to which he (in accordance with those provisions) is entitled.
4
Where a person has submitted a claim for asylum as a refugee and in consequence is a person subject to immigration control, in the first instance he is not entitled to tax credits, subject to paragraphs (5) to (9).
5
If that person —
a
is notified that he has been recorded by the Secretary of State as a refugee, and
b
claims tax credit within 3 months of receiving that notification,
paragraphs (6) to (9) and regulation 4 shall apply to him.
6
He shall be treated as having claimed tax credits —
a
on the date when he submitted his claim for asylum, and
b
on every 6th April (if any) intervening between the date in sub-paragraph (a) and the date of the claim referred to in paragraph (5)(b),
rather than on the date on which he makes the claim referred to in paragraph (5)(b).
7
Regulations 7 and 8 of the Tax Credits (Claims and Notifications) Regulations 2002 shall not apply to claims treated as made by virtue of paragraph (6).
8
He shall have his claims for tax credits determined as if he had been recorded as a refugee on the date when he submitted his claim for asylum.
9
The amount of support provided under —
a
section 95 or 98 of the Immigration and Asylum Act 1999,
b
regulations made under Schedule 9 to that Act, by the Secretary of State in respect of essential living needs of the claimant and his dependants (if any), or
c
regulations made under paragraph 3 of Schedule 8 to that Act,
(after allowing for any deduction for that amount under regulation 21ZB(3) of the Income Support (General) Regulations 1987 ) shall be deducted from any award of tax credits due to the claimant by virtue of paragraphs (6) and (8).
Modifications of Part 1 of the Act for refugees whose asylum claims have been accepted
4
1
For the purposes of claims falling within paragraph (2), Part 1 of the Act shall apply subject to the modifications set out in paragraphs (3) to (5).
2
A claim falls within this paragraph if it is a claim for tax credits which a person is treated as having made by virtue of regulation 3(6), other than a claim which he is treated as having made in the tax year in which he made his claim under regulation 3(5).
3
Omit sections 14 to 17 (initial decisions, revised decisions and final notices).
4
In section 18 (decisions after final notices) —
a
in subsection (1) for “After giving a notice under section 17” substitute “In relation to each claim for a tax credit made by a person or persons for the whole or part of a tax year”;
b
omit subsections (2) to (9);
c
for subsection (10) substitute —
10
Before making their decision the Board may by notice —
a
require the person, or either or both of the persons, by whom the claim is made to provide any information or evidence which the Board consider they may need for making their decision, or
b
require any person of a prescribed description to provide any information or evidence of a prescribed description which the Board consider they may need for that purpose,
by the date specified in the notice.
;
d
in subsection (11) omit —
i
“any revision under subsection (5) or (9) and”;
ii
paragraph (a);
iii
in paragraph (b), “in any other case,”.
5
In section 19 (enquiries) —
a
in subsection (4), for paragraphs (a) and (b) substitute
one year after that decision or, if —
the person, or either of the persons, to whom the enquiry relates is required by section 8 of the Taxes Management Act 1970 to make a return, and
the return becomes final on a day more than one year after that decision,
with that day (or, if both of the persons are so required and their returns become final on different days, with the later of those days).
;
b
in subsection (5) omit paragraph (a) and, in paragraph (b) “in any other case,”;
c
omit subsection (6).
Transitional relief – claimants moving from income support and income-based jobseeker’s allowance to child tax credit
5
In relation to child tax credit, a person is not treated for the purposes of these Regulations as subject to immigration control where —
a
the award of child tax credit would be made on or after 6th April 2004;
b
immediately before the award of child tax credit is made, he is, or will on the making of a claim be, entitled to any of the amounts in relation to income support or income-based jobseeker’s allowance which are described in section 1(3)(d) of the Act; and
c
he is a person who, immediately before the award of child tax credit is made —
i
was receiving or entitled to income support by virtue of regulation 12(1) of the Social Security (Persons From Abroad) Miscellaneous Amendments Regulations 1996 , and his claim for asylum has not been recorded by the Secretary of State as having been decided (other than on appeal) or abandoned; or
ii
was receiving or entitled to income support or income-based jobseeker’s allowance by virtue of regulation 12(3) of the Social Security (Immigration and Asylum) Consequential Amendments Regulations 2000 , and his claim for asylum has not been so recorded as having been decided (other than on appeal) or abandoned.
John Heppell
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2003


text:
PART I
PRELIMINARY
Citation, commencement and revocation
1
1
These Regulations may be cited as the Packaging (Essential Requirements) Regulations 2003 and shall come into force on 25th August 2003.
2
The Packaging (Essential Requirements) Regulations 1998 are hereby revoked.
Interpretation
2
1
In these Regulations —
a
“ the Directive ” means Directive 94/62/ EC of the European Parliament and the Council on packaging and packaging waste ;
b
“the 1987 Act ” means the Consumer Protection Act 1987 ; and
c
except for the references to the European Communities in the definition of “the Commission” and in relation to the Official Journal, a reference to the Community includes a reference to the EEA , and a reference to a member State includes a reference to an EEA State: for this purpose —
i
the “EEA” means the European Economic Area;
ii
an “EEA State” means a State which is a Contracting Party to the EEA Agreement; and
iii
the “EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 .
2
In these Regulations —
“ the Commission ” means the Commission of the European Communities;
“energy recovery” means the use of combustible packaging waste as a means to generate energy through direct incineration with or without other waste but with recovery of the heat;
“enforcement authority” shall be construed in accordance with regulation 9 and Schedule IV;
“essential requirements” means the essential requirements in Annex II of the Directive and which are set out in Schedule I hereto;
“importer” means an importer of packaging which is packed or filled packaging into the United Kingdom;
“incidental presence” means the presence of a metal as an unintended ingredient of a packaging or packaging component;
“intentionally introduced” means the act of deliberately utilising a substance in the formulation of a packaging or a packaging component where its continued presence is desired in the final packaging or packaging component to provide a specific characteristic, appearance or quality; for the purpose of these Regulations, the use of recycled materials as a feedstock for the manufacture of new packaging materials where some portion of the recycled materials may contain amounts of regulated metals is not intentional introduction;
“organic recycling” means the aerobic (composting) or anaerobic (biomethanization) treatment, under controlled conditions and using micro-organisms, of the biodegradable parts of packaging waste, which produces stabilised organic residues or methane; for the purposes of these Regulations landfill shall not be considered a form of organic recycling;
“packaging” means all products made of any materials of any nature to be used for the containment, protection, handling, delivery and presentation of goods, from raw materials to processed goods, from the producer to the user or the consumer, including non-returnable items used for the same purposes, but only where the products are —
sales packaging or primary packaging, that is to say packaging conceived so as to constitute a sales unit to the final user or consumer at the point of purchase;
grouped packaging or secondary packaging, that is to say packaging conceived so as to constitute at the point of purchase a grouping of a certain number of sales units whether the latter is sold as such to the final user or consumer or whether it serves only as a means to replenish the shelves at the point of sale, and which can be removed from the product without affecting its characteristics; or
transport packaging or tertiary packaging, that is to say packaging conceived so as to facilitate handling and transport of a number of sales units or grouped packagings in order to prevent physical handling and transport damage; for the purposes of these Regulations transport packaging does not include road, rail, ship and air containers;
“packaging component” means any part of packaging that can be separated by hand or by using simple physical means;
“packaging materials” means materials used in the manufacture of packaging and includes raw materials and processed materials prior to their conversion into packaging;
“packaging waste” means any packaging or packaging material covered by the definition of waste in Article 1 of the Waste Directive but not including production residues;
“packaging waste management” means the management of waste as defined in the Waste Directive;
“ppm” means parts per million by weight;
“product loops which are in a closed and controlled chain” means product loops in which products circulate with a controlled reuse and distribution system and in which the recycled material originates only from these entities in the chain so that the introduction of external material is the minimum which is technically feasible and from which these entities may only be removed in a specially authorised procedure so that return rates are maximised;
“recovery” means any of the applicable operations provided for in Annex II B of the Waste Directive;
“recycling” means the reprocessing in a production process of the waste materials for the original purpose or for other purposes including organic recycling but excluding energy recovery;
“regulated metals” means lead, cadmium, mercury or hexavalent chromium or a combination of two or more of the said metals, as the case may be;
“responsible person” means, in relation to packaging, the person who is —
responsible for packing or filling products into packaging, or
any person presenting himself as being so responsible by affixing to the packed or filled packaging his name, trade mark or other distinctive mark, or
the person who reconditions the packaging for reuse (except that reuse in itself shall not constitute reconditioning of the packaging), or
the importer; and
for the purposes of regulation 7(2) only includes the manufacturer or his authorised representative in the Community.
“reuse” means any operation by which packaging, which has been conceived and designed to accomplish within its life cycle a minimum number of trips or rotations, is refilled or used for the same purpose for which it was conceived, with or without the support of auxiliary products present on the market enabling the packaging to be refilled and reused packaging shall be construed accordingly; such reused packaging will become packaging waste when no longer subject to reuse; and
“Waste Directive” means Council Directive 75/442/ EEC on waste .
PART II
APPLICATION
Packaging
3
1
Subject to regulation 4, these Regulations apply to any packaging.
2
Nothing in these Regulations with regard to packaging shall affect the application of existing quality requirements for packaging, including those regarding safety, the protection of health and hygiene of the packed products, existing transport requirements or the provisions of Council Directive 91/689/EEC on hazardous waste .
Excluded packaging
4
These Regulations shall not apply to packaging which was —
1
used for a given product prior to 31st December 1994; or
2
manufactured on or before 31st December 1994, placed on the market in the Community on or before 31st December 1999 and which complies with any health and safety requirements or any other Act or enactment with which it would have been required to comply for it to be lawfully placed on the market in the United Kingdom on 31st December 1994.
PART III
GENERAL REQUIREMENTS
General duty relating to the placing on the market of packaging
5
1
Subject to regulation 6, on or after the coming into force of these Regulations, no person who is a responsible person shall place on the market any packaging unless the essential requirements have been complied with in relation to it provided always that placing on the market for the purposes of this regulation shall not occur in respect of reused packaging.
2
Packaging shall be taken to satisfy the essential requirements —
a
if it satisfies national standards which implement the relevant harmonised standards; or
b
where there are no relevant harmonised standards, if it satisfies national standards of which the texts are communicated to the Commission pursuant to Article 9(3) of the Directive and which, pursuant to that provision, are notified by the Commission to the member States as being deemed to comply with the essential requirements.
3
In paragraph (2) above, “harmonised standards” shall mean the standards of which the reference number is published in the Official Journal of the European Communities in pursuance of Article 9(2)(a) of the Directive.
Concentration levels of regulated metals present in packaging
6
1
Subject to paragraphs (2) and (3) and regulation 7 below, no person who is a responsible person shall place on the market packaging if —
a
on or after 30th June 1998, the sum of the concentration levels of regulated metals either in the packaging or in any of its packaging components, exceeds 600 ppm;
b
on or after 30th June 1999, the sum of the concentration levels of regulated metals either in the packaging or in any of its packaging components, exceeds 250 ppm;
c
on or after 30th June 2001, the sum of the concentration levels of regulated metals either in the packaging or in any of its packaging components exceeds 100 ppm.
2
Paragraph (1) above shall not apply to packaging which is made entirely of lead crystal glass as defined in Directive 69/493/EEC .
3
The concentration levels of regulated metals in paragraph (1) above shall not apply —
a
on or before 4th March 2009, to plastic crates or plastic pallets used in product loops which are in a closed and controlled chain provided the requirements set out in Schedule II to these Regulations are complied with in relation to that packaging;
b
on or before 30th June 2006, to glass packaging provided the requirements set out in Schedule III to these Regulations are complied with in relation to that packaging.
Requirement for technical documentation
7
1
The responsible person shall —
a
at the request of the enforcement authority submit within twenty-eight days of the date of the request technical documentation or other information showing that the packaging complies with the essential requirements and the regulated metals concentration limits set out in regulation 6;
b
ensure that he retains the technical documentation or other information referred to in sub-paragraph (1) (a) above for a period of four years from the date that he places the packaging on the market.
2
The responsible person shall —
a
submit a report as required under sub-paragraphs 2(a) and (b) of Schedule III to the enforcement authority;
b
at the request of the enforcement authority, submit within twenty-eight days of the date of the request the annual declaration of conformity and other information set out in sub-paragraphs 2 (a) and (b) of Schedule II and sub-paragraph 2 (c) of Schedule III.
PART IV
ENFORCEMENT
Enforcement Authority
8
Schedule IV shall have effect for the purposes of providing for the enforcement of these Regulations and for matters incidental thereto.
Offences
9
Any person who —
a
contravenes or fails to comply with regulation 5 or 6; or
b
fails to supply or retain technical documentation or other information as required by regulations 7(1) and (2);
shall be guilty of an offence.
Penalties
10
1
A person guilty of an offence under regulation 9(a) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to a fine.
2
A person guilty of an offence under regulation 9(b) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence of due diligence
11
1
Subject to the following provisions of this regulation, in proceedings against any person for an offence under regulation 9, it shall be a defence for that person to show that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
2
Where in any proceedings against a person for such an offence the defence provided by paragraph (1) involves an allegation that the commission of the offence was due —
a
to the act or default of another; or
b
to reliance on information given by another;
the person shall not, without leave of the court, be entitled to rely on the defence unless, not later than 7 clear days before the hearing of the proceedings (or, in Scotland, the trial diet), he has served a notice under paragraph (3) on the person bringing the proceedings.
3
A notice under this paragraph shall give such information identifying or assisting in the identification of the person who committed the act or default or gave the information as is in the possession of the person serving the notice at the time he serves it.
4
It is hereby declared that a person shall not be entitled to rely on the defence provided by paragraph (1) by reason of his reliance on information supplied by another, unless he shows that it was reasonable in all the circumstances for him to have relied on the information, having regard in particular —
a
to the steps which he took and those which might reasonably have been taken, for the purpose of verifying the information; and
b
to whether he had any reason to disbelieve the information.
Liability of persons other than the principal offender
12
1
Where the commission by any person of an offence under regulation 9 is due to an act or default committed by some other person in the course of any business of his, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
2
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
3
Where the affairs of any body corporate are managed by its members, paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
4
In this regulation, references to a “body corporate” include references to a partnership in Scotland and, in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
28th July 2003


text:
PART 1
INTRODUCTORY
Citation and commencement
1
These Regulations may be cited as the Community Investment Tax Relief (Accreditation of Community Development Finance Institutions) Regulations 2003 and shall come into force on 13th February 2003.
Interpretation
2
In these Regulations —
“accreditation” means accreditation as a community development finance institution;
“the Board” means the Commissioners of Inland Revenue;
“ CDFI ” means a body accredited as a community development finance institution under Schedule 16 to the Finance Act 2002;
“the five year period” has the meaning given in paragraph 3 of Schedule 16 to the Finance Act 2002;
“the Investment Director” means the Investment Director of the Small Business Service;
“investment” has the meaning given in paragraph 2 of Schedule 16 to the Finance Act 2002;
“investment fund” has the meaning given in regulation 9;
“notice” means notice in writing;
“qualifying enterprise” has the meaning given in regulation 10;
“qualifying investment” has the meaning given in paragraph 8 of Schedule 16 to the Finance Act 2002;
“relevant investment” has the meaning given in regulation 11;
“residential property” has the meaning given in Annex D of the Material Concerning the Accreditation of Community Development Finance Institutions published by the Secretary of State;
“retail community development finance institution” shall be construed in accordance with paragraph 4(6) and (7) of Schedule 16 to the Finance Act 2002;
“the Small Business Service” means the entity so named being an executive agency of the Department of Trade and Industry;
“tax relief certificate” has the meaning given in paragraph 12(1) of Schedule 16 to the Finance Act 2002.
PART 2
APPLICATION AND CRITERIA FOR ACCREDITATION
Criteria for accreditation
3
For the purposes of paragraph 4(2)(b) of Part 2 of Schedule 16 to the Finance Act 2002 the criteria to be satisfied for accreditation are specified in Part 2 (Application and Criteria for Accreditation) of the Material Concerning the Accreditation of Community Development Finance Institutions published by the Secretary of State.
Notification of accreditation or refusal
4
The Secretary of State must give notice to a body of the grant of an accreditation specifying the date of the grant of accreditation and the date on which the period of accreditation begins.
5
The Secretary of State must give notice to a body of a refusal to grant accreditation specifying the date of the refusal and the reasons for the refusal.
PART 3
TERMS AND CONDITIONS OF ACCREDITATION
6
An accreditation is subject to the terms set out in this Part.
Publication of details
7
1
It is a term of accreditation that the CDFI agrees to the publication of the information specified in paragraph (2) in a list which the Secretary of State may publish from time to time.
2
The information specified for the purpose of paragraph (1) is —
a
the name of the CDFI;
b
the business address of the CDFI;
c
the name of an individual who may be contacted at the CDFI;
d
the date the CDFI was granted accreditation; and
e
an outline of the aims and business operations of the CDFI.
3
The CDFI must give notice to the Secretary of State of —
a
any change to the information specified in subparagraphs (a) to (d) of paragraph (2), and
b
any material change to the information specified in subparagraph (e) of paragraph (2),
within 30 days of the relevant change.
4
The CDFI is liable to a penalty of £100 payable to the Small Business Service for each failure to notify a change to the specified information in accordance with paragraph (3) unless the Investment Director is satisfied that the CDFI had a reasonable excuse for failing to notify the change.
General CDFI investment terms
8
It is a term of accreditation that —
a
on or before the first anniversary of the date the CDFI was first granted accreditation (“the accreditation date”), at least 25% of the amount of the investment fund is invested in relevant investments in qualifying enterprises;
b
on or before the second anniversary of the accreditation date, at least 50% of the amount of the investment fund is invested in relevant investments in qualifying enterprises; and
c
on or before the third anniversary of the accreditation date and at all times thereafter, at least 75% of the amount of the investment fund is invested in relevant investments in qualifying enterprises.
Meaning of the “investment fund”
9
1
The amount of the investment fund at a given date (“the relevant date”) is the sum of —
A - ( B + C )
Here —
A is the amount of qualifying investments and investments by other CDFIs in the CDFI made on or before the relevant date and held continuously since the investment was made until the relevant date, but does not include any qualifying investments or investments by other CDFIs in the CDFI made at any time during the three months prior to the relevant date;
B is any amount payable by the CDFI at the relevant date or at any time during the three months following the relevant date to repay, redeem or buy-back the capital element of any qualifying investment;
C is the amount of any investment made by the CDFI from the investment fund which has been written-off in accordance with generally accepted accounting practice.
2
For the purpose of paragraph (1) where a qualifying investment is a loan which authorises the CDFI to draw down amounts of the loan over a period of time, the amount of the qualifying investment is the amount drawn down at the relevant date.
Meaning of “qualifying enterprise”
10
1
For the purposes of these Regulations an enterprise is a qualifying enterprise if —
a
the enterprise is a small or medium-sized enterprise;
b
the CDFI can demonstrate that at the time the investment in the enterprise was made the enterprise was unable to obtain finance from other sources; and
c
the enterprise falls within one of the following Cases.
Case 1
The enterprise is located in a geographic area identified in Annex A of the Material Concerning the Accreditation of Community Development Finance Institutions published by the Secretary of State.
Case 2
The enterprise is located in an area which the CDFI, by reference to Government-recognised measures of disadvantage relating to —
income;
employment;
health, deprivation and disability;
education, skills and training;
geographical access to services, and
housing,
can demonstrate has a level of disadvantage comparable to those identified in Annex A of the Material Concerning the Accreditation of Community Development Finance Institutions published by the Secretary of State.
Case 3
The enterprise is owned and operated by, or intended to serve, individuals recognised as being disadvantaged on account of their ethnicity, gender, age, disability or other similar defining characteristic.
2
For the purpose of paragraph (1)(a), a “small or medium sized enterprise” shall be interpreted in accordance with paragraph 2 of Schedule 20 to the Finance Act 2000 .
Meaning of “relevant investment”
11
1
Subject to paragraph (4), for the purposes of these Regulations a relevant investment is an investment made by the CDFI in an enterprise where —
a
it makes a loan (whether secured or unsecured) to the enterprise, or
b
an issue of securities of or shares in the enterprise, for which the CDFI has subscribed, is made to the CDFI.
2
For the purposes of paragraph (1)(a) —
a
the CDFI does not make a loan to an enterprise where —
i
the enterprise uses overdraft facilities provided by the CDFI, or
ii
the CDFI subscribes for or otherwise acquires securities of the enterprise;
b
where the loan agreement authorises the enterprise to draw down amounts of the loan over a period of time the loan is treated as made at the time when the first amount is drawn down.
3
For the purpose of these Regulations where a relevant investment is a loan within paragraph (2)(b) the amount of the relevant investment is the amount drawn down at a given date.
4
The investments specified in Schedule 1 are not relevant investments.
Limits on qualifying investments
12
1
The CDFI must give notice to the Investment Director at least one month before entering into any arrangements or commitments with the aim of increasing qualifying investments in the CDFI to more than 125% of the amount stated in its application for accreditation (“the 125% limit).
2
The Investment Director may approve the increase by notice to the CDFI.
3
Where —
a
the CDFI fails to give notice in accordance with paragraph (1), or
b
the Investment Director does not approve the increase in accordance with paragraph (2),
the Investment Director may treat all or some of the investments made by the CDFI after the date on which the qualifying investments exceed the 125% limit as not being relevant investments for the purposes of regulation 8 up to an amount equal to the amount by which the qualifying investments exceed the 125% limit.
Reporting requirements
13
1
The CDFI must make an annual report to the Small Business Service —
a
within three months of each anniversary of the date on which the CDFI was last granted accreditation, or
b
subject to paragraph (2), on such other date coincident with the CDFI’s reporting cycle and agreed with the Small Business Service.
2
The first annual report made by the CDFI must be made no later than 18 months after the date accreditation was granted.
3
The annual report shall be in the form provided by the Secretary of State for this purpose.
4
Subject to paragraph (5), the CDFI is liable to a penalty of £500 payable to the Small Business Service where the annual report is not made within three months of date on which it was due under paragraph (1).
5
Paragraph (4) does not apply if in the opinion of the Investment Director the CDFI had reasonable excuse for failing to make an annual return.
Tax relief certificate
14
1
Subject to paragraph (2), the CDFI must issue a tax relief certificate to the investor or its nominee within 30 days of receiving an investment from an individual or a company.
2
Where the investment is received before the grant of accreditation but an application for accreditation is made before 6th April 2003, the CDFI must issue a tax relief certificate within 30 days of the grant of accreditation.
PART 4
GENERAL PROVISIONS
Withdrawal of accreditation
15
1
The Secretary of State must withdraw the CDFI’s accreditation —
a
with effect from the time of the failure, where the CDFI fails to satisfy the terms of regulation 8;
b
subject to paragraph (2), where the CDFI makes a direct or indirect investment in residential property from the investment fund; and
c
subject to paragraph (3), where the CDFI fails to make an annual report within 12 months of the date on which it was due under paragraph (1) of regulation 13.
2
Paragraph (1)(b) does not apply where —
a
the CDFI can demonstrate that to the best of its knowledge and belief it had not invested in residential property, and
b
the CDFI divested itself of the investment within three months of —
i
the date it discovered that the investment was in residential property, or
ii
the date of receipt of a notice from the Small Business Service that the investment is in residential property,
whichever is the earlier.
3
Paragraph (1)(c) does not apply if in the opinion of the Investment Director the CDFI had reasonable excuse for failing to make an annual return.
4
A withdrawal of an accreditation must be given by notice by the Secretary of State specifying the date from which accreditation is withdrawn and the reasons for the withdrawal.
5
The CDFI must within 30 days of receiving notice under paragraph (4) of withdrawal of accreditation give notice to each of the investors to which it has issued a tax relief certificate in respect of investments made within the specified period stating that accreditation has been withdrawn and specifying the date from which accreditation is withdrawn.
6
For the purpose of paragraph (5) “specified period” means the five years immediately preceding the date from which accreditation is withdrawn.
Appeals against refusal to grant accreditation or withdrawal of accreditation
16
1
An appeal to the Special Commissioners may be brought against a refusal to grant accreditation or a withdrawal of accreditation.
2
Notice of an appeal under this regulation must be given —
a
in writing,
b
within 30 days of the date of the notification of the refusal under regulation 5 or the withdrawal under regulation 15(4), and
c
to the Investment Director.
3
The notice of appeal must require the Investment Director to transmit to the Special Commissioners —
a
in an appeal against a refusal to grant accreditation, the application for accreditation, together with any information or particulars provided by the body to the Secretary of State in support of the application, or
b
in an appeal against a withdrawal of accreditation, the notice under regulation 15(4) together with any information or particulars prepared by the Small Business Service leading to the issue of that notice.
4
The Special Commissioners may allow the appeal and —
a
in an appeal against a refusal to grant accreditation, direct that the Secretary of State accredit the body within 14 days of its decision, or
b
in an appeal against a withdrawal of accreditation, direct that the withdrawal was ineffective.
5
The decision of the Special Commissioners shall be final.
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 2003


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Festiniog Railway Company Vehicle Number 122) Exemption Order 2003 and shall come into force on 31st July 2003.
Interpretation
2
1
In this Order “the exempted vehicle” means the rail vehicle known as the Festiniog Railway Company’s third class saloon carriage number 122, as built and owned by the Festiniog Railway Company for use on the Ffestiniog and Welsh Highland Railways.
2
Any reference in this Order to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 , and any reference to a diagram is a reference to the diagram bearing that number in the Schedule to those Regulations.
Authorisations and exemptions
3
1
Subject to articles 4 to 9, the exempted vehicle is hereby authorised to be used for carriage even though it does not conform with those provisions of the Rail Vehicle Accessibility Regulations 1998 referred to in paragraph (2).
2
The provisions with which the exempted vehicle is not required to conform are —
a
regulation 4(2);
b
regulation 4(3);
c
regulation 8(3), in so far as it requires compliance with the specification in diagram B1;
d
regulation 11(1)(a);
e
regulation 12;
f
regulation 13; and
g
regulation 15.
Conditions
4
It is a condition of the exemption granted by article 3(2)(c), in respect of regulation 8(3), that diagram B1 shall apply to any priority seat as if for 450 millimetres minimum seat cushion width there is substituted 430 millimetres.
5
1
It is a condition of the exemption granted by article 3(2)(d), in respect of regulation 11(1)(a), that handrails which comply with the requirements of subparagraph (2) are fitted on the exterior of the exempted vehicle.
2
The requirements with which handrails fitted on the exterior of the vehicle must comply are that —
a
they shall be fitted immediately adjacent to one side of every passenger doorway in the side of the vehicle; and
b
they shall contrast with the parts of the vehicle adjacent to each handrail.
6
It is a condition of the exemption granted by article 3(2)(f), in respect of regulation 13, that the operator shall provide in any train of which the exempted vehicle forms a part a person, other than the driver of that train, who —
a
has attended a training course, which has been approved by the Secretary of State, to be trained in awareness of the needs of persons with visual and hearing disabilities; and
b
is available, so far as is practicable, to assist visually and hearing impaired persons.
Expiry
7
The authorisation given by article 3(1) shall cease forthwith if the exempted vehicle is operated by a person other than the Festiniog Railway Company unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
8
The authorisation given by article 3(1) shall cease forthwith if the exempted vehicle is operated on a route other than that between —
a
Blaenau Ffestiniog station and Porthmadog station, or
b
on the Welsh Highland Railway between Caernarfon station and Rhyd-Ddu station,
unless the Secretary of State has been given written notice in advance specifying the details of the route, and he has given his written approval for the exempted vehicle to be operated on that route.
9
The exemption given by article 3(2)(f), in respect of regulation 13, shall cease at the end of May 2026.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
3rd July 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Enterprise Act 2002 (Commencement No. 5 and Amendment) Order 2003.
2
In this Order references to sections are references to sections of the Enterprise Act 2002.
Amendment to Schedule 2 to the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003
2
1
Schedule 2 to the Enterprise Act 2002 (Commencement No. 4 and Transitional Provisions and Savings) Order 2003 is amended as follows.
2
For the words “section 270 (fees)” there is substituted “section 270(3)”.
3
The words “section 271 (Insolvency Services Account: interest)” are omitted.
Appointed day
3
The day appointed for the bringing into force of sections 270(1), (2) and (4) and section 271 is the day after the day on which this Order is made.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
17th December 2003


text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Administration of the Teachers' Pensions Scheme) Order 2003 and shall come into force on the day after the day on which it is made.
Interpretation
2
In this Order “the functions” mean the functions conferred on the Secretary of State by regulations made under all or any of —
a
sections 9, 12 and 24 of, and Schedule 3 to, the Superannuation Act 1972 ,
b
sections 16(2) to (4) and 130(a) of the Pension Schemes Act 1993 , or
c
section 172 of the Pensions Act 1995 .
Contracting out of functions
3
The functions, or any of them, may be exercised by, or by the employees of, such person (if any) as may be authorised in that behalf by the Secretary of State.
Revocation
4
The Contracting Out (Administration of the Teachers' Superannuation Scheme) Order 1996 is hereby revoked.
David Miliband
Minister of State,
Department for Education and Skills
25th June 2003


text:
Citation and commencement
1
These Regulations may be cited as the Bathing Waters (Classification) (England) Regulations 2003 and shall come into force on 1st June 2003.
Modification of provisions of the Water Resources Act 1991 and the Bathing Waters (Classification) Regulations 1991
2
1
Section 104(1) of the Water Resources Act 1991 (meaning of “controlled waters”) shall have effect in relation to England —
a
for the purposes of Chapter I of Part III of that Act (classification of quality of waters) as if “inland freshwaters” included any lake or pond (other than a relevant lake or pond) which needs to be classified in order to give effect to Council Directive 76/160 ;
b
for all other purposes, as if “inland freshwaters” included any such lake or pond which has been so classified under that Chapter.
2
The Bathing Waters (Classification) Regulations 1991 shall have effect in relation to England as if —
a
in regulation 2(1) (classification of waters), for “inland waters” there were substituted “inland freshwaters”;
b
in regulation 3(a), for the words “inland waters” there were substituted “inland freshwaters”.
Signed by authority of the Secretary of State
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
4th May 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Patient and Public Involvement in Health (Functions) Amendment (No. 2) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply to England only.
3
In these Regulations, “the principal Regulations ” means the Commission for Patient and Public Involvement in Health (Functions) Regulations 2002 .
Insertion of regulation 1A in the principal Regulations
2
After regulation 1 of the principal Regulations (citation, commencement, application and interpretation) there shall be inserted —
Functions of the Commission
1A
1
It is also the function of the Commission —
a
to manage and monitor any contracts entered into by the Secretary of State for the provision of independent advocacy services; and
b
to make to the Secretary of State such reports or recommendations as the Commission thinks fit concerning any matters relating to such contracts.
2
This regulation shall cease to have effect on 31st August 2005.
.
Amendment of regulation 2 of the principal Regulations
3
In regulation 2 of the principal Regulations (annual work programme) —
a
after sub-paragraph (a) of paragraph (2) there shall be inserted —
aa
proposals as to arrangements to be made by the Commission in relation to their function under regulation 1A.
.
b
at the end there shall be added the following paragraph —
6
Sub-paragraph (aa) of paragraph (2) shall cease to have effect on 31st August 2005.
.
Signed by authority of the Secretary of State
Warner
Parliamentary Under Secretary of State
Department of Health
7th August 2003


text:
Citation
1
This Order may be cited as the Finance Act 2002, Section 19 (Appointed Days etc.) Order 2003.
Appointed days
2
The day appointed under section 19(2) of the Finance Act 2002 as the day on which section 19(1) of that Act shall come into force, in so far as that section is not already in force by virtue of section 19(3) of that Act, is —
a
for the purpose of giving effect to paragraphs 8 to 10 and 12 to 15 of Schedule 5 to that Act, 19th December 2003; and
b
for all other purposes, 30th November 2003.
Transitional provision
3
Section 31A of the Vehicle Excise and Registration Act 1994 (offence by registered keeper where vehicle unlicensed) shall not apply to a person in whose name a vehicle is registered upon the coming into force of that section, if before that date that person has sold, disposed of or permanently exported that vehicle or it has been stolen and not recovered.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
27th November 2003


text:
Citation and commencement
1
These Regulations may be cited as the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
Increases in fees
2
In regulation 3 of the Passenger and Goods Vehicles (Recording Equipment) (Approval of Fitters and Workshops) (Fees) Regulations 1986 for “£259” there shall be substituted “£267” and for “ £105” there shall be substituted “£108”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003
We consent to the making of these Regulations
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
15th July 2003