text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2004 and shall come into force on 1 April 2004 except for regulation 3(2) and (3) which shall come into force on 6 April 2004.
2
In these Regulations —
“the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ; and
“the Ophthalmic Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
3
These Regulations apply to England only.
Amendments to the Optical Regulations and the Ophthalmic Regulations concerning prisoners
2
1
In both regulation 1(2) of the Optical Regulations (citation, commencement and interpretation) and in regulation 2(1)of the Ophthalmic Regulations (interpretation) after the definition of “pension credit guarantee credit” insert the following new definitions —
“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition —
“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release; and
“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;
;
“prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by or under arrangements made by a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services) ;
.
2
In regulation 8 of the Optical Regulations (supply of optical appliances) in paragraph (2) after sub-paragraph (f) insert —
g
a prisoner.
.
3
In regulation 13 of the Ophthalmic Regulations (sight tests - eligibility) in paragraph (1) after sub-paragraph (h) insert —
i
a prisoner.
.
Amendments to the Optical Regulations
3
1
The Optical Regulations are amended as follows.
2
In regulation 1 in paragraph (2) after the definition of “responsible authority” insert the following new definition —
“severe disability element” means the severe disability element of working tax credit specified in section 11(6)(d) of the Tax Credits Act 2002;
.
3
In regulation 8 in paragraph (3)(l) —
a
in head (i), after “disability element”, insert “or severe disability element”, and
b
in head (ii) for “£14,200”, substitute “£14,600”.
4
In regulation 19 (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b) for “£45.70” substitute “£46.80”; and
b
in paragraph (3) for “£11.80” substitute “£12.10”.
Amendment of the Schedules to the Optical Regulations
4
1
In Schedule 1 to the Optical Regulations (voucher letter codes and face values — supply and replacement) in column (3) (face value of voucher), for each amount specified in column 1 of the table below substitute the amount specified in relation to it in column 2 of that table.
(1) (2) Old amount New amount
£31.30
£47.60
£64.80
£146.30
£54.00
£68.70
£83.00
£160.90
£160.90
£45.70
£32.10
£48.80
£71.30
£161.00
£55.40
£70.40
£91.30
£177.00
£164.90
£46.80.
2
In Schedule 2 to the Optical Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a), for “£10.10” substitute “£10.40”;
b
in paragraph 1(1)(b), for “£12.20” substitute “£12.50”;
c
in paragraph 1(1)(c), for “£3.40” substitute “£3.50”;
d
in paragraph 1(1)(d), for “£3.90” substitute “£4.00”;
e
in paragraph 1(1)(e), for “£51.50”, “£45.70”, and “£24.80” substitute “£52.80”, “£46.80” and “£25.40” respectively;
f
in paragraph 1(1)(g), for “£51.50” substitute “£52.80”;
g
in paragraph 2(a), for “£11.00” substitute “£12.10”; and
h
in paragraph 2(b), for “£27.70” substitute “£30.50”.
3
For Schedule 3 to the Optical Regulations (voucher values — repair), substitute the new Schedule 3 set out in the Schedule to these Regulations.
Application of these Regulations
5
The amendments made in Regulations 3(3) and 4 apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2004.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
9th March 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Loan Relationships and Derivative Contracts (Change of Accounting Practice) (Amendment) Regulations 2004 and shall come into force on 1st January 2005.
2
In these Regulations “the principal Regulations ” means the Loan Relationships and Derivative Contracts (Change of Accounting Practice) Regulations 2004 .
Amendment of the principal Regulations
2
1
The principal Regulations are amended as follows.
2
In regulation 4(7) —
a
for “an asset representing” substitute “a liability representing”;
b
for “the debit falling” substitute “the credit falling”; and
c
for “interest receivable” substitute “interest payable”.
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
16th December 2004


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval and Approval Marks) (Fees) (Amendment) Regulations 2004 and shall come into force on 1st October 2004.
Preliminary
2
The Motor Vehicles (Type Approval and Approval Marks) (Fees) Regulations 1999 shall be amended in accordance with the following provisions of these Regulations.
Amendment to Regulation 3 (Interpretation)
3
In regulation 3(2) for the definition of “Framework Directive” there shall be substituted —
“Framework Directive” means Council Directive 70/156/ EEC as amended by amendments up to and including those effected by Commission Directive 2004/78/ EC ;
Increase in Fees
4
In the regulation specified in the first column of the table below, for the fee specified opposite that regulation in the second column, there shall be substituted the fee specified opposite that regulation in the third column.
TABLE
Regulation Existing Fee Substituted Fee
Regulation 4(1) £84 £86 Regulation 9(5) £50 £51 Regulation 10(4), (5) and (6) £35 £36 Regulation 11(1)(b) £56 £58 Regulation 13(2)(a) £115 £117 Regulation 13(2)(b) £252 £257 Regulation 13(4)(a) £112 £114 Regulation 13(4)(b) £329 £336
Amendments to Schedules 1 to 4
5
For Schedules 1 to 4 there shall be substituted the Schedules set out in the Schedule to these Regulations.
Amendments to Schedule 5
6
1
The Table in Part I of Schedule 5 shall be amended as follows.
2
In item 8 (Rear view mirrors), there shall be added in the third and fourth columns after the last entry —
2003/97/EC† L25, 29.1.04, p.1
3
In item 59 (Fuel consumption), there shall be added in the third and fourth columns after the last entry —
2004/3/EC† L49, 19.2.04, p.36
4
In item 73 (Speed limiters), there shall be added in the third and fourth columns after the entry of the Principal Directive —
2004/11/EC† L44, 14.2.04, p.19
5
In item 90 (Motorcycles), there shall be added in the third and fourth columns after the last entry —
2003/77/EC* L211, 21.8.03, p.24
6
After item 98, there shall be added as a new item in the first, second, fourth and fifth columns —
99 2003/102/EC† L321, 6.12.03, p.15 Pedestrian protection
7
In the Table in Part II of Schedule 5 there shall be added after the last entry in the third, fourth and fifth columns —
432/2004 10.3.2004 L71, 10.3.04, p.3
8
1
The Table in Part III of Schedule 5 shall be amended as follows.
2
In item 14 (Seat belt anchorages), there shall be added after the last entry in the third and fourth columns —
14.06 26 Feb 04
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
22nd July 2004
We consent to the making of these Regulations to the extent that they are made in exercise of the powers conferred by section 56(1) and (2) of the Finance Act 1973.
John Heppell
Joan Ryan
Two Lords Commissioners Of Her Majesty’s Treasury
4th August 2004


text:
1
This Order may be cited as the Northern Ireland Act 2000 (Prescribed Documents) Order 2004 and shall come into force on 22nd October 2004.
2
The accounts, reports and other documents listed in the Schedule are hereby prescribed for the purposes of paragraph 12(4) of the Schedule to the Northern Ireland Act 2000.
3
The Northern Ireland Act 2000 (Prescribed Documents) Order 2002 is hereby revoked.
Ian Pearson
Parliamentary Under-Secretary of State
Northern Ireland Office
25th September 2004


text:
Citation and commencement
1
1
These Rules may be cited as the Insolvency (Amendment) Rules 2004.
2
These Rules shall come into force on 1st April 2004 (“the commencement date”).
Interpretation
2
1
In these Rules references to the “principal Rules” are to the Insolvency Rules 1986 and a Rule referred to by number alone means the Rule so numbered in the principal Rules.
2
These Rules shall be construed as one with the principal Rules.
Transitional provisions
3
1
This Rule applies in any case where before the commencement date —
a
a winding-up order is made or a resolution for the winding up of the company is passed and the liquidator is entitled to remuneration by virtue of Rule 4.127(6), Rule 4.128(1) or Rule 4.148A(4); or
b
a bankruptcy order is made and the trustee is entitled to remuneration by virtue of Rule 6.138(6) or Rule 6.139(1).
2
In a case to which this Rule applies the liquidator or, as the case may be, the trustee shall continue to be entitled to remuneration on the basis that —
a
the amendments made to the principal Rules by these Rules do not apply; and
b
the amendments made to the Insolvency Regulations 1994 by the Insolvency (Amendment) Regulations 2004 had not been made.
Amendment to Rule 2.55
4
In paragraph (4) of Rule 2.55 after the word “bankrupt,” there is inserted the word “or” and for the words “composition or arrangement with his creditors” there is substituted “bankruptcy restrictions order, bankruptcy restrictions undertaking or interim bankruptcy restrictions order”.
Amendment to Rule 2.57
5
In paragraph (1)(a) of Rule 2.57 omit the words “, or compounds or arranges with his creditors”.
Amendment to Rule 3.21
6
In paragraph (4) of Rule 3.21 after the word “bankrupt,” there is inserted “or a disqualified director,” and for the words “composition or arrangement with his creditors” there is substituted “bankruptcy restrictions order, bankruptcy restrictions undertaking or interim bankruptcy restrictions order”.
Amendment to Rule 3.23
7
In paragraph (1)(a) of Rule 3.23 omit the words “, or compounds or arranges with his creditors”.
Amendment to Rule 4.7
8
In Rule 4.7 —
a
for paragraph (2) there is substituted —
2
No petition shall be filed unless there is produced on presentation of the petition a receipt for the deposit payable or paragraph (2A) applies.
2A
This paragraph applies in any case where the Secretary of State has given written notice to the court that the petitioner has made suitable alternative arrangements for the payment of the deposit to the official receiver and such notice has not been revoked in relation to the petitioner in accordance with paragraph (2B).
2B
A notice of the kind referred to in paragraph (2A) may be revoked in relation to the petitioner in whose favour it is given by a further notice in writing to the court stating that the earlier notice is revoked in relation to the petitioner.
; and
b
in paragraph (4)(b) delete the words “of the administration order or notice of appointment”.
Substitution of Rule 4.74
9
For Rule 4.74 there is substituted —
Supply of Forms
(NO CVL APPLICATION)
4.74
A form of proof shall be sent to any creditor of the company by the liquidator where the creditor so requests.
.
Amendment to Rule 4.75
10
For Rule 4.75(1) there is substituted —
1
Subject to Rule 4.73(5), the following matters shall be stated in a creditor’s proof of debt —
a
the creditor’s name and address, and, if a company, its company registration number;
b
the total amount of his claim (including any Value Added Tax) as at the date on which the company went into liquidation;
c
whether or not that amount includes outstanding uncapitalised interest;
d
particulars of how and when the debt was incurred by the company;
e
particulars of any security held, the date when it was given and the value which the creditor puts upon it;
f
details of any reservation of title in respect of goods to which the debt refers; and
g
the name, and address and authority of the person signing the proof (if other than the creditor himself).
Amendment to Rule 4.124
11
In paragraph (1) of Rule 4.124 for the words “who have proved their debts” there is substituted “of which he is aware”.
Amendment to Rule 4.125
12
In paragraph (1) of Rule 4.125 for the words “who have proved their debts” there is substituted “of which he is aware”.
Insertion of new Rule 4.125A
13
After Rule 4.125 there is inserted —
Rule as to reporting
4.125A
1
The court may, on the liquidator or official receiver’s application, relieve him of any duty imposed on him by Rule 4.124 or 4.125, or authorise him to carry out the duty in a way other than there required.
2
In considering whether to act under this Rule, the court shall have regard to the cost of carrying out the duty, to the amount of the assets available, and to the extent of the interest of creditors or contributories, or any particular class of them.
.
Amendment to Rule 4.127
14
For paragraph (6) of Rule 4.127 there is substituted —
6
Where the liquidator is not the official receiver and his remuneration is not fixed as above, the liquidator shall be entitled to remuneration fixed in accordance with the provisions of Rule 4.127A.
.
Insertion of New Rules 4.127A and 4.127B
15
After Rule 4.127 there is inserted —
Liquidator’s entitlement to remuneration where it is not fixed under Rule 4.127
4.127A
1
This Rule applies where the liquidator is not the official receiver and his remuneration is not fixed in accordance with Rule 4.127.
2
The liquidator shall be entitled by way of remuneration for his services as such, to such sum as is arrived at by —
a
first applying the realisation scale set out in Schedule 6 to the monies received by him from the realisation of the assets of the company (including any Value Added Tax thereon but after deducting any sums paid to secured creditors in respect of their securities and any sums spent out of money received in carrying on the business of the company); and
b
then by adding to the sum arrived at under sub-paragraph (a) such sum as is arrived at by applying the distribution scale set out in Schedule 6 to the value of assets distributed to creditors of the company (including payments made in respect of preferential debts) and to contributories.
Liquidator’s remuneration where he realises assets on behalf of chargeholder
4.127B
1
This Rule applies where the liquidator is not the official receiver and realises assets on behalf of a secured creditor.
2
Where the assets realised for a secured creditor are subject to a charge which when created was a mortgage or a fixed charge, the liquidator shall be entitled to such sum by way of remuneration as is arrived at by applying the realisation scale set out in Schedule 6 to the monies received by him in respect of the assets realised (including any sums received in respect of Value Added Tax thereon but after deducting any sums spent out of money received in carrying on the business of the company).
3
Where the assets realised for a secured creditor are subject to a charge which when created was a floating charge, the liquidator shall be entitled to such sum by way of remuneration as is arrived at by —
a
first applying the realisation scale set out in Schedule 6 to monies received by him from the realisation of those assets (including any Value Added Tax thereon but ignoring any sums received which are spent in carrying on the business of the company); and
b
then by adding to the sum arrived at under sub-paragraph (a) such sum as is arrived at by applying the distribution scale set out in Schedule 6 to the value of the assets distributed to the holder of the charge.
.
Amendment to Rule 4.128
16
Omit Rule 4.128(1).
Amendment to Rule 4.138
17
Omit Rule 4.138(2).
Amendment to Rule 4.148A
18
For paragraph (4) of Rule 4.148A there is substituted —
4
Where the liquidator’s remuneration is not fixed as above, the liquidator shall be entitled to remuneration calculated in accordance with the provisions of Rule 4.148B.
.
Insertion of new Rule 4.148B
19
After Rule 4.148A there is inserted —
Liquidator’s remuneration in members' voluntary liquidation where it is not fixed under Rule 4.148A
4.148B
1
This Rule applies where the liquidator’s remuneration is not fixed in accordance with Rule 4.148A.
2
The liquidator shall be entitled by way of remuneration for his services as such, to such sum as is arrived at by —
a
first applying the realisation scale set out in Schedule 6 to the monies received by him from the realisation of the assets of the company (including any Value Added Tax thereon but after deducting any sums paid to secured creditors in respect of their securities and any sums spent out of money received in carrying on the business of the company); and
b
then by adding to the sum arrived at under sub-paragraph (a) such sum as is arrived at by applying the distribution scale set out in Schedule 6 to the value of assets distributed to creditors of the company (including payments made in respect of preferential debts) and to contributories.
.
Amendment to Rule 4.159
20
In paragraph (4) of Rule 4.159 after the word “bankrupt” there is inserted “or a disqualified director,” and for the words “composition or arrangement with his creditors” there is substituted “bankruptcy restrictions order, bankruptcy restrictions undertaking or an interim bankruptcy restrictions order”.
Amendment to Rule 4.161
21
In paragraph (1)(a) of Rule 4.161 omit the words “or compounds or arranges with his creditors”.
Amendment to Rule 4.218
22
In paragraph (1)(c) of Rule 4.218 after the words “under section 414” there are inserted the words “or section 415A”.
Amendment to Rule 4.231
23
In Rule 4.231(3) after “4.125(1) (final meeting),” insert “4.125A(2) (rule on reporting),”.
Amendment of Rule 5.43
24
In Rule 5.43 at the end there is inserted —
3
A proposal is not approved if those voting against it include more than half in value of the creditors, counting in the latter only those —
a
who gave notice to the official receiver in accordance with Rule 5.40;
b
whose votes are not to be left out of account under paragraph (2); and
c
who are not, to the best of the official receiver’s belief, associates of the debtor.
4
It is for the official receiver to decide whether, under this Rule a person is an associate of the debtor for the purposes of paragraph (3)(c) and in relation to this he is entitled to rely on the information provided by the debtor’s statement of affairs or otherwise in accordance with this Part of the Rules.
.
Amendment to Rule 5.60
25
In Rule 5.60 —
a
in paragraph (3) after “in writing,” there is inserted “within 28 days of the date of the order,”; and
b
paragraph (4) is omitted.
Amendment to Rule 6.10
26
For paragraph (2) there is substituted —
2
No petition shall be filed unless there is produced on presentation of the petition a receipt for the deposit payable or paragraph (2A) applies.
2A
This paragraph applies in any case where the Secretary of State has given written notice to the court that the petitioner has made suitable alternative arrangements for the payment of the deposit to the official receiver and such notice has not been revoked in relation to the petitioner in accordance with paragraph (2B).
2B
A notice of the kind referred to in paragraph (2A) may be revoked in relation to the petitioner in whose favour it is given by a further notice in writing to the court stating that the earlier notice is revoked in relation to the petitioner.
.
Substitution of Rule 6.97
27
For Rule 6.97 there is substituted —
Supply of forms
6.97
A form of proof shall be sent to any creditor of the bankrupt by the official receiver or trustee where the creditor so requests.
.
Amendment to Rule 6.98
28
1
For Rule 6.98(1) there is substituted —
1
Subject to Rule 6.96(4), the following matters shall be stated in a creditor’s proof of debt —
a
the creditor’s name and address, and, if a company, its company registration number;
b
the total amount of his claim (including any Value Added Tax) as at the date on which the company went into liquidatioin;
c
whether or not that amount includes outstanding uncapitalised interest;
d
particulars of how and when the debt was incurred by the company;
e
particulars of any security held, the date when it was given and the value which the creditor puts upon it;
f
details of any reservation of title in respect of goods to which the debt refers; and
g
the name, and address and authority of the person signing the proof (if other than the creditor himself).
2
In Rule 6.98(3) after “the trustee” insert “the official receiver, acting as receiver and manager”.
Amendment to Rule 6.99
29
In Rule 6.99(1) after “the trustee” insert “or the official receiver, acting as receiver and manager”.
Amendment to Rule 6.136
30
In paragraph (1) of Rule 6.136 for the words “who have proved their debts” there is substituted “of which he is aware”.
Amendment to Rule 6.137
31
In paragraph (1) of Rule 6.137 for the words “who have proved their debts” there is substituted “of which he is aware”.
Insertion of new Rule 6.137A
32
After Rule 6.137 there shall be inserted —
Rule as to reporting
6.137A
1
The court may, on the trustee or official receiver’s application, relieve him of any duty imposed on him by Rules 6.136 or 6.137, or authorise him to carry out the duty in a way other than there required.
2
In considering whether to act as above, the court shall have regard to the cost of carrying out the duty, to the amount of the funds available in the estate, and to the extent of the interest of creditors or any particular class of them.
.
Amendment to Rule 6.138
33
For paragraph (6) there is substituted —
6
Where the trustee is not the official receiver and his remuneration is not fixed as above, the trustee shall be entitled to remuneration calculated in accordance with Rule 6.138A.
.
Insertion of new Rule 6.138A
34
After Rule 6.138 there is inserted —
Trustee’s remuneration where it is not fixed in accordance with Rule 6.138
6.138A
1
This Rule applies where the trustee is not the official receiver and his remuneration is not fixed in accordance with Rule 6.138.
2
Subject to paragraph (3), the trustee shall be entitled by way of remuneration for his services as such, to such sum as is arrived at by —
a
first applying the realisation scale set out in Schedule 6 to the monies received by him from the realisation of the assets of the bankrupt (including any Value Added Tax thereon but after deducting any sums paid to secured creditors in respect of their securities and any sums spent out of money received in carrying on the business of the bankrupt); and
b
then by adding to the sum arrived at under sub-paragraph (a) such sum as is arrived at by applying the distribution scale set out in Schedule 6 to the value of assets distributed to creditors of the bankrupt (including sums paid in respect of preferential debts).
3
That part of the trustee’s remuneration calculated by reference to the realisation scale shall not exceed such sum as is arrived at by applying the realisation scale to such part of the bankrupt’s assets as are required to pay the items referred to in paragraph (4).
4
The items referred to in paragraph (3) are —
a
the bankruptcy debts (including any interest payable by virtue of section 328(4)) to the extent required to be paid by these Rules (ignoring those debts paid otherwise than out of the proceeds of the realisation of the bankrupt’s assets or which have been secured to the satisfaction of the court);
b
the expenses of the bankruptcy other than —
i
fees or the remuneration of the official receiver; and
ii
any sums spent out of money received in carrying on the business of the bankrupt;
c
fees payable by virtue of any order made under section 415; and
d
the remuneration of the official receiver.
.
Amendment to Rule 6.139
35
For paragraph (1) there is substituted —
1
Where the trustee (not being the official receiver) realises assets on behalf of a secured creditor, the trustee is entitled to such sum by way of remuneration as is arrived at by applying the realisation scale set out in Schedule 6 to the monies received by him in respect of the assets realised (including any Value Added Tax thereon).
.
Amendment to Rule 6.146
36
Omit Rule 6.146(2).
Amendment to Rule 6.156
37
In paragraph (4) of Rule 6.156 after the word “bankrupt” there is inserted “or a disqualified director,” and for the words “composition or arrangement with his creditors” there is substituted “bankruptcy restrictions order, bankruptcy restrictions undertaking or an interim bankruptcy restrictions order”.
Amendment to Rule 6.158
38
In paragraph (1)(a) of Rule 6.158 omit the words “or compounds or arranges with his creditors”.
Amendment to Rule 6.213
39
In Rule 6.213 —
a
in paragraph (3) after “require” insert “within 28 days of the order”; and
b
in paragraph (4) omit the words from “The Secretary of State shall notify” to “has been paid.”.
Amendment to Rule 6.214A
40
For Rule 6.214A(4) there is substituted —
4
Where the official receiver receives no objection from either a creditor or a trustee he may file a notice under section 279(2) by sending to the court two copies of Form 6.82. The court shall endorse each copy with the date of filing and shall return one copy to the official receiver. The official receiver shall send a copy of the endorsed form to the bankrupt.
.
Amendment to Rule 6.224
41
In paragraph (1)(c) of Rule 6.224 after the words “under section 415” there are inserted the words “or 415A”.
Insertion of new Rule 6.237CA
42
After Rule 6.237C insert —
Vesting of bankrupt’s estate — substituted period.
6.237CA
For the purposes of section 283A(2) for the period of three years set out therein there shall be substituted, where the trustee in bankruptcy has sent notice to the bankrupt that he considers —
a
the continued vesting of the property in the bankrupt’s estate to be of no benefit to creditors; or
b
the re-vesting to the bankrupt will facilitate a more efficient administration of the bankrupt’s estate,
the period of one month from the date of that notice.
.
Amendment to Rule 6.237D
43
At the end of Rule 6.237D there is inserted —
10
In determining the value of the bankrupt’s interest for the purposes of paragraph (6)(c), the court shall disregard that part of the value of the property in which the bankrupt’s interest subsists which is equal to the value of —
a
any loans secured by mortgage or other charge against the property;
b
any other third party interest; and
c
the reasonable costs of sale.
.
Amendment to Rule 6A.5
44
In Rule 6A.5 omit “Subject to paragraph (2),”.
Amendment to Rule 6A.6 —
45
In Rule 6A.6 —
a
in paragraph (1) for sub-paragraph (a) there is substituted —
a
the name, gender, occupation (if any) and date of birth of the bankrupt,
aa
the bankrupt’s last known address,
; and
b
in paragraph (2) for sub-paragraph (a) there is substituted —
a
the name, gender, occupation (if any) and date of birth of the bankrupt,
aa
the bankrupt’s last known address,
.
Amendments to Schedule 4 of the principal Rules
46
In Schedule 4 to the principal Rules for Forms 2.8B, 2.9B, 2.11B, 2.25B, 4.25, 5.7, 5.8, 6.28, 6.37, 6.71, 6.79A, 6.82 and 6.84 there shall be substituted the forms so numbered in the Schedule to these Rules.
Insertion of Schedule 6
47
After Schedule 5 there is inserted —
SCHEDULE 6
DETERMINATION OF INSOLVENCY OFFICE HOLDER'S REMUNERATION
Rules 4.127A, 4.127B,4.148B and 6.138A
As regards the determination of the remuneration of trustees and liquidators the realisation and distribution scales are as set out in the table below —
The realisation scale
i
on the first £5000 or fraction thereof
20%
ii
on the next £5000 or fraction thereof
15%
iii
on the next £90000 or fraction thereof
10%
iv
on all further sums realised
5%
The distribution scale
i
on the first £5000 or fraction thereof
10%
ii
on the next £5000 or fraction thereof
7.5%
iii
on the next £90000 or fraction thereof
5%
iv
on all further sums distributed
2.5%.
Falconer of Thoroton, C.
3rd March 2004
I concur, on behalf of the Secretary of State,
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
3rd March 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Water Mergers (Modification of Enactments) Regulations 2004 and shall come into force on 29th December 2004.
2
In these Regulations —
“the 1991 Act ” means the Water Industry Act 1991; and
“the 2002 Act ” means the Enterprise Act 2002 .
Modification of Part 3 of the 2002 Act
2
In its application in relation to water mergers and merger references under section 32 of the 1991 Act, Part 3 of the 2002 Act has effect with the modifications prescribed in these Regulations.
Omitted provisions
3
1
Part 3 of the 2002 Act has effect as if the following provisions were omitted —
a
section 28 (turnover test);
b
sections 34A and 34B (cases referred by the European Commission);
c
Chapter 2, section 85 and Schedule 7 (public interest cases);
d
sections 59 to 68 (other special cases);
e
sections 73 to 75 (undertakings in lieu of references, etc );
f
sections 96 to 102 (merger notices); and
g
section 123 (power to alter share of supply test).
2
Accordingly, any reference in Part 3 of the 2002 Act to those provisions (and any provisions of that Part so far as applying to them) shall be disregarded.
Sections 22 to 24: References in relation to completed mergers
4
Part 3 of the 2002 Act has effect as if, for sections 22 to 24, there were substituted —
References in relation to completed water mergers
22
1
A reference under section 32(b) of the 1991 Act shall specify —
a
the enactment under which it is made; and
b
the date on which it is made.
2
In this Part “the decision-making authority” means the OFT or (as the case may be) the Commission.
Water mergers
23
1
For the purposes of this Chapter and Chapter 3 of Part 2 of the 1991 Act, the question whether a water merger has taken place shall be determined as at —
a
in the case of a reference which is treated as having been made under section 32(b) of the 1991 Act by virtue of section 37(2), such time as the Commission may determine; and
b
in any other case, immediately before the time when the reference has been, or is to be, made.
2
In this Part —
a
“water merger” means a merger of any two or more water enterprises;
b
“water enterprise” means an enterprise carried on by a water undertaker or sewerage undertaker; and
c
a reference to a merger of any two or more water enterprises is a reference to those enterprises ceasing to be distinct enterprises.
Time-limits for enforcement action
24
1
No enforcement action shall be taken on a merger reference under section 32(b) of the 1991 Act in respect of an actual merger unless the reference was made within the period of four months beginning with whichever is the later of —
a
the day on which the merger took place; and
b
the day on which the material facts about the transactions which resulted in the merger first came to the attention of the OFT or were made public.
2
In this section “made public” means so publicised as to be generally known or readily ascertainable.
.
Section 25: Extension of time-limits
5
Section 25 (extension of time-limits) has effect as if —
a
in subsections (1), (2) and (9), for “section 24(1)(a) or (2)(b)” there were substituted “section 24(1)”;
b
subsections (4) to (8), (10) and (11) were omitted; and
c
in subsection (9), the words “Subject to subsections (10) and (11),” were omitted.
Section 30: Relevant customer benefits
6
Part 3 of the 2002 Act has effect as if, for section 30 (relevant customer benefits), there were substituted —
Relevant customer benefits in relation to water mergers
30
1
For the purposes of this Part a benefit is a relevant customer benefit if —
a
it is a benefit to relevant customers in the form of —
i
lower prices, higher quality or greater choice of goods or services in any market in the United Kingdom (whether or not the market or markets in relation to which the prejudice to the Authority has, or may have, occurred or (as the case may be) may occur); or
ii
greater innovation in relation to such goods or services; and
b
the Commission believes —
i
in the case of a merger reference under section 32(a) of the 1991 Act, as mentioned in subsection (2); and
ii
in the case of a merger reference under section 32(b) of the 1991 Act, as mentioned in subsection (3).
2
The belief, in the case of a merger reference under section 32(a) of the 1991 Act, is that —
a
the benefit may be expected to accrue within a reasonable period as a result of the merger concerned; and
b
the benefit is unlikely to accrue without the merger concerned or a similar prejudice to the Authority.
3
The belief, in the case of a merger reference under section 32(b) of the 1991 Act, is that —
a
the benefit has accrued as a result of the merger concerned or may be expected to accrue within a reasonable period as a result of the merger concerned; and
b
the benefit was, or is, unlikely to accrue without the merger concerned or a similar prejudice to the Authority.
4
In subsection (1) “relevant customers” means —
a
customers of any person carrying on an enterprise which, in the merger concerned, has ceased to be, or (as the case may be) will cease to be, a distinct enterprise;
b
customers of such customers; and
c
any other customers in a chain of customers beginning with the customers mentioned in paragraph (a);
and in this subsection “customers” includes future customers.
5
For the purposes of subsection (1) “market in the United Kingdom” includes —
a
so far as it operates in the United Kingdom or a part of the United Kingdom, any market which operates there and in another country or territory or in a part of another country or territory; and
b
any market which operates only in a part of the United Kingdom;
and references to a market for goods or services include references to a market for goods and services.
.
Section 31: Information powers in relation to completed mergers
7
Section 31 (information powers in relation to completed mergers) has effect as if, in subsection (1), for “to make a reference under section 22” there were substituted “it has a duty to make a reference under section 32(b) of the 1991 Act”.
Section 32: Supplementary provision for purposes of sections 25 and 31
8
Section 32 (supplementary provision for purposes of sections 25 and 31) has effect as if —
a
in subsection (2), paragraphs (c) and (d) were omitted; and
b
in subsection (4), the words “or (5)(b)” were omitted.
Section 33: Duty to make references in relation to anticipated mergers
9
Part 3 of the 2002 Act has effect as if, for section 33 (duty to make references in relation to anticipated mergers), there were substituted —
References in relation to anticipated water mergers
33
A reference under section 32(a) of the 1991 Act shall specify —
a
the enactment under which it is made; and
b
the date on which it is made.
.
Section 34: Supplementary provision in relation to anticipated mergers
10
1
Section 34 (supplementary provision in relation to anticipated mergers) has effect as if, in subsection (1)(a), for the words from “this Part” to “contemplation” there were substituted “section 32(a) of the 1991 Act”.
2
The Enterprise Act 2002 (Anticipated Mergers) Order 2003 shall have effect, for the purposes of references under section 32(a) of the 1991 Act, as if it had been made under section 34 of the 2002 Act as modified by paragraph (1) and as if —
a
in article 2, for the definition of “reference” there were substituted —
“reference” means a reference under section 32(a) of the Water Industry Act 1991;
;and
b
in article 4, for “36(2)(a) and (b)” there were substituted “36(4)(a) and (b)”.
Sections 35 to 36: Questions to be decided in relation to mergers
11
Part 3 of the 2002 Act has effect as if, for sections 35 and 36, there were substituted —
Questions to be decided in relation to completed water mergers
35
1
Subject to section 127(3), the first questions to be decided by the Commission on a merger reference under section 32(b) of the 1991 Act shall be —
a
whether a water merger has taken place; and
b
if so, whether that merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises.
2
Any decision of the Commission on a merger reference under section 32(b) of the 1991 Act that a water merger has taken place shall be treated as a decision that no water merger has taken place if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the 1998 Act.
3
Any decision of the Commission on a merger reference under section 32(b) of the 1991 Act that a water merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger has not prejudiced, or may be expected not to prejudice, that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the 1998 Act.
4
For the purposes of this Part there is a prejudicial outcome if —
a
a water merger has taken place and that merger has prejudiced, or may be expected to prejudice, the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises; or
b
arrangements are in progress which, if carried into effect, will result in a water merger and that merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises.
5
The Commission shall, if it has decided on a reference under section 32(b) of the 1991 Act that there is a prejudicial outcome (within the meaning given by subsection (4)(a)), decide the following additional questions —
a
whether action should be taken by it under section 41(2) for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Authority;
b
whether it should recommend the taking of action by others for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Authority; and
c
in either case, if action should be taken, what action should be taken and what is to be remedied, mitigated or prevented.
6
In deciding the questions mentioned in subsection (5) the Commission shall, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to the prejudice to the Authority and any adverse effects resulting from it.
7
In deciding, on a merger reference under section 32(b) of the 1991 Act, whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which has resulted from, or may be expected to result from, the prejudice to the Authority and, if so, what action should be taken, the Commission may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that —
a
a consideration of those benefits would not prevent a solution to the prejudice concerned; or
b
the benefits which have accrued, or may be expected to accrue, are substantially more important than the prejudice concerned.
Questions to be decided in relation to anticipated water mergers
36
1
Subject to section 127(3), the first questions to be decided by the Commission on a merger reference under section 32(a) of the 1991 Act shall be —
a
whether arrangements are in progress which, if carried into effect, will result in a water merger; and
b
if so, whether that merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises.
2
Any decision of the Commission on a merger reference under section 32(a) of the 1991 Act that arrangements are in progress which, if carried into effect, will result in a water merger shall be treated as a decision that no arrangements are in progress which, if carried into effect, will result in a water merger if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the 1998 Act.
3
Any decision of the Commission on a merger reference under section 32(a) of the 1991 Act that a water merger may be expected to prejudice the ability of the Authority, in carrying out its functions by virtue of the 1991 Act, to make comparisons between different water enterprises shall be treated as a decision that the water merger may be expected not to prejudice that ability of the Authority if the decision is not that of at least two-thirds of the members of the group constituted in connection with the reference in pursuance of paragraph 15 of Schedule 7 to the 1998 Act.
4
The Commission shall, if it has decided on a reference under section 32(a) of the 1991 Act that there is a prejudicial outcome within the meaning given by section 35(4)(b), decide the following additional questions —
a
whether action should be taken by it under section 41(2) for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which may be expected to result from the prejudice to the Authority;
b
whether it should recommend the taking of action by others for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which may be expected to result from the prejudice to the Authority; and
c
in either case, if action should be taken, what action should be taken and what is to be remedied, mitigated or prevented.
5
In deciding the questions mentioned in subsection (4) the Commission shall, in particular, have regard to the need to achieve as comprehensive a solution as is reasonable and practicable to the prejudice to the Authority and any adverse effects resulting from it.
6
In deciding, on a merger reference under section 32(a) of the 1991 Act, whether to take action for the purpose of remedying, mitigating or preventing the prejudice to the Authority or any adverse effect which may be expected to result from the prejudice to the Authority and, if so, what action should be taken, the Commission may, in particular, have regard to the effect of any such action on any relevant customer benefits in relation to the merger concerned provided that —
a
a consideration of those benefits would not prevent a solution to the prejudice concerned; or
b
the benefits which may be expected to accrue are substantially more important than the prejudice concerned.
.
Section 37: Cancellation and variation of references
12
Section 37 (cancellation and variation of references) has effect as if —
a
in subsection (1), for “section 33” there were substituted “section 32(a) of the 1991 Act”; and
b
for subsections (2) and (3) there were substituted —
2
The Commission may, if it considers that doing so is justified by the facts (including events occurring on or after the making of the reference concerned), treat a reference made under paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section; and, in such cases, references in this Part to references under those paragraphs shall, so far as may be necessary, be construed accordingly.
3
Where, by virtue of subsection (2), the Commission treats a reference made under paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section, sections 77 to 81 shall, in particular, apply as if the reference had been made under paragraph (b) or (as the case may be) paragraph (a) of section 32 of that Act instead of under paragraph (a) or paragraph (b) of that section.
;
c
in subsection (4), for “section 22 or 33 as if it had been made under section 33 or (as the case may be) 22” there were substituted “paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section”;
d
in subsection (5)(a) —
i
for “section 22” there were substituted “section 32(a) of the 1991 Act”; and
ii
for “section 33” there were substituted “section 32(b) of that Act”;
e
in subsection (5)(b) —
i
for “section 33” there were substituted “section 32(b) of the 1991 Act”; and
ii
for “section 22” there were substituted “section 32(a) of that Act”; and
f
in subsection (6), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 38: Investigations and reports on references
13
Section 38 (investigations and reports on references) has effect as if —
a
in subsection (1), for “section 22 or 33” there were substituted “section 32 of the 1991 Act”; and
b
in subsection (2) —
i
in paragraph (b), the word “and” were omitted; and
ii
after paragraph (c), there were inserted —
; and
d
if the merger reference is under section 32(b) of the 1991 Act and the Commission is satisfied that the reference was not made within the period of four months mentioned in section 24, a statement of that fact.
.
Section 40: Section 39: supplementary
14
Section 40 (section 39: supplementary) has effect as if, in subsection (10), for “section 22 or 33” there were substituted “section 32 of the 1991 Act”.
Section 41: Duty to remedy effects of completed or anticipated mergers
15
Section 41 (duty to remedy effects of completed or anticipated mergers) has effect as if —
a
in subsection (1), for “an anti-competitive” there were substituted “a prejudicial”;
b
in paragraphs (a) and (b) of subsection (2), and in subsection (4), for “substantial lessening of competition” there were substituted “prejudice to the Authority ”;
c
in subsection (3) —
i
for “35(3)” there were substituted “35(5)”; and
ii
for “36(2)” there were substituted “36(4)”; and
d
for subsection (5) there were substituted —
5
In making a decision under subsection (2), the Commission may, in particular, have regard to the effect of any action on any relevant customer benefits in relation to the merger concerned in accordance with section 35(7) or (as the case may be) section 36(6)
.
Section 71: Initial undertakings: completed mergers
16
Section 71 of the 2002 Act (initial undertakings: completed mergers) has effect as if —
a
in subsection (1), for “to make a reference under section 22” there were substituted “it has a duty to make a reference under section 32(b) of the 1991 Act”;
b
in subsection (3), for “relevant merger situation has been created” there were substituted “relevant water merger has taken place”;
c
in paragraph (a) of subsection (5), for “section 22” there were substituted “section 32(b) of the 1991 Act”;
d
in subsection (6) —
i
in paragraph (a), for “to make the reference concerned under section 22” there were substituted “it has a duty to make the reference concerned under section 32(b) of the 1991 Act ”; and
ii
in paragraph (d), for “otherwise decided not to make the reference concerned under section 22” there were substituted “decided it does not have a duty to make the reference concerned under section 32(b) of the 1991 Act”; and
e
after subsection (8) there were inserted —
9
In this section and section 72 “relevant water merger” means a merger of any two or more water enterprises which is subject to the duty to make a reference under section 32(b) of the 1991 Act
.
Section 72: Initial enforcement orders: completed mergers
17
Section 72 (initial enforcement orders: completed mergers) has effect as if —
a
in subsection (1), for “to make a reference under section 22” there were substituted “it has a duty to make a reference under section 32(b) of the 1991 Act”;
b
in paragraph (a) of subsection (3), for “relevant merger situation has been created” there were substituted “relevant water merger has taken place”;
c
in paragraph (a) of subsection (5), for “section 22” there were substituted “section 32(b) of the 1991 Act”; and
d
in subsection (6) —
i
in paragraph (a), for “to make the reference concerned under section 22” there were substituted “it has a duty to make the reference concerned under section 32(b) of the 1991 Act”; and
ii
in paragraph (d), for “otherwise decided not to make the reference concerned under section 22” there were substituted “decided it does not have a duty to make the reference concerned under section 32(b) of the 1991 Act”.
Section 77: Restrictions on certain dealings: completed mergers
18
Section 77 (restrictions on certain dealings: completed mergers) has effect as if —
a
in paragraph (a) of subsection (1), for “section 22” there were substituted “section 32(b) of the 1991 Act”; and
b
in paragraph (b) of subsection (1) —
i
for “relevant merger situation” there were substituted “water merger”; and
ii
for “that situation” there were substituted “that merger”.
Section 78: Restrictions on certain share dealings: anticipated mergers
19
Section 78 (restrictions on certain share dealings: anticipated mergers) has effect as if —
a
in paragraph (a) of subsection (1), for “section 33” there were substituted “section 32(a) of the 1991 Act ”; and
b
in paragraph (b) of subsection (1) —
i
for “relevant merger situation” there were substituted “proposed water merger”; and
ii
for “that situation” there were substituted “that merger”.
Section 79: Sections 77 and 78: further interpretation provisions
20
Section 79 (sections 77 and 78: further interpretation provisions) has effect as if —
a
in subsections (1) and (2), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”; and
b
in paragraphs (c), (d) and (e) of subsection (1), for “an anti–competitive” there were substituted “a prejudicial”.
Section 80: Interim undertakings
21
Section 80 (interim undertakings) has effect as if, in subsections (1), (7) and (8), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 81: Interim orders
22
Section 81 (interim orders) has effect as if, in subsections (1), (7) and (8), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 82: Final undertakings
23
Section 82 (final undertakings) has effect as if, in subsections (3) and (4), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 84: Final orders
24
Section 84 (final orders) has effect as if, in subsection (5), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 103: Duty of expedition in relation to references
25
Section 103 (duty of expedition in relation to references) has effect as if, in subsection (1), for “to make a reference under section 22 or 33” there were substituted “it has a duty to make a reference under section 32(a) or (b) of the 1991 Act”.
Section 104: Certain duties of relevant authorities to consult
26
Section 104 (certain duties of relevant authorities to consult) has effect as if, in subsection (6), in the definition of “relevant decision” —
a
for sub-paragraph (i) of paragraph (a), there were substituted —
i
as to whether it has a duty to make a reference under section 32(a) or (b) of the 1991 Act
; and
b
in paragraph (b), for “(3), 36(1) or (2)” there were substituted “(5), 36(1) or (4 )”.
Section 105: General information duties of OFT and Commission
27
Section 105 (general information duties of OFT and Commission) has effect as if, in subsection (1) —
a
for “to make a reference under section 22 or 33” there were substituted “it has a duty to make a reference under section 32(a) or (b) of the 1991 Act”; and
b
for “creation of the relevant merger situation” there were substituted “water merger”.
Section 106: Advice and information about references
28
Section 106 (advice and information about references) has effect as if, in subsections (1) and (3), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 107: Further publicity requirements
29
Section 107 (further publicity requirements) has effect as if —
a
in subsection (1) —
i
in paragraphs (a) and (b), for “section 22 or 33” there were substituted “section 32(a) or (b) of the 1991 Act”; and
ii
in paragraph (a), the words “(other than a decision made by virtue of subsection (2)(b) of section 33)” were omitted; and
b
in subsection (2) —
i
in paragraph (a), for “section 33” there were substituted “section 32(a) of the 1991 Act”; and
ii
in paragraph (b), for “section 22 or 33 as if it had been made under section 33 or (as the case may be) 22” there were substituted “paragraph (a) or paragraph (b) of section 32 of the 1991 Act as if it had been made under paragraph (b) or (as the case may be) paragraph (a) of that section”.
Section 109: Attendance of witnesses and production of documents etc.
30
Section 109 (attendance of witnesses and production of documents etc) has effect as if, in subsections (1), (2), (3), (5) and (6) for “this Part” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 117: False or misleading information
31
Section 117 (false or misleading information) has effect as if, in subsections (1) and (2), after the word “Part” there were inserted “or section 32 of the 1991 Act”.
Section 120: Review of decisions under Part 3
32
Section 120 (review of decisions under Part 3) has effect as if —
a
for subsection (1), there were substituted —
1
Any person aggrieved by a decision of the OFT or the Commission under this Part or section 32 of the 1991 Act in connection with a reference or possible reference in relation to a water merger may apply to the Competition Appeal Tribunal for a review of that decision.
; and
b
in subsection (2)(b), after the words “this Part” there were inserted “or section 32 of the 1991 Act”.
Section 122: Primacy of Community law
33
Section 122 (primacy of Community law) has effect as if —
a
in subsection (1), after the word “Part” there were inserted “or sections 32 to 35 of the 1991 Act”; and
b
subsections (2) to (5) were omitted.
Section 127: Associated persons
34
Section 127 (associated persons) has effect as if, in subsection (3), for “section 22, 33, 45 or 62” there were substituted “section 32(a) or (b) of the 1991 Act”.
Section 129: Other interpretation provisions
35
Section 129 (other interpretation provisions) has effect as if, in subsection (1), the following definitions were inserted —
a
before the definition of “action” —
“the 1991 Act” means the Water Industry Act 1991;
;
b
before the definition of “business” —
“the Authority” means the Water Services Regulation Authority or, until the coming into force of section 36 of the Water Act 2003, the Director General of Water Services;
.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers,
Department of Trade and Industry
2nd December 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 2) Regulations 2004 and shall come into force on 12th May 2004.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the Recovery of Benefits Regulations ” means the Social Security (Recovery of Benefits) Regulations 1997 ;
“the Social Fund Maternity and Funeral Expenses Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 ;
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 .
Common amendments relating to interpretation
2
In regulation 2(1) of each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and the Income Support Regulations, in regulation 1(3) of the Jobseeker’s Allowance Regulations and regulation 1(2) of the State Pension Credit Regulations —
a
in the definition of “qualifying person” for the words “or the Eileen Trust” there shall be substituted “, the Eileen Trust or the Skipton Fund”;
b
immediately after the definitions of —
i
in the Council Tax Benefit Regulations, “the Independent Living (1993) Fund”;
ii
in the Income Support Regulations and the Housing Benefit Regulations, “the Macfarlane Trust”;
iii
in the Jobseeker’s Allowance Regulations, “single claimant”; and
iv
in the State Pension Credit Regulations, “qualifying person”,
there shall be inserted the following definition —
“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;
.
Common amendments relating to capital to be disregarded
3
1
In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995”.
2
The paragraphs of the Schedules specified for the purpose of paragraph (1) above are —
a
paragraph 18 of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 18 of Schedule 5 to the Housing Benefit Regulations;
c
paragraph 17 of Schedule 10 to the Income Support Regulations;
d
paragraph 22 of Schedule 8 to the Jobseeker’s Allowance Regulations.
3
In each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) for the words “or the Independent Living Funds” there shall be substituted “, the Independent Living Funds or the Skipton Fund”.
4
The paragraphs of the Schedules specified for the purpose of paragraph (3) above are —
a
paragraph 23(1) of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 23(1) of Schedule 5 to the Housing Benefit Regulations;
c
paragraph 22(1) of Schedule 10 to the Income Support Regulations;
d
paragraph 15(1) of Schedule V to the State Pension Credit Regulations.
5
In each of the paragraphs of the Schedules to the Regulations specified in paragraph (6) for the words “and the Eileen Trust” there shall be substituted “, the Eileen Trust and the Skipton Fund”.
6
The paragraphs of the Schedules specified for the purpose of paragraph (5) above are —
a
paragraph 23(7) of Schedule 5 to the Council Tax Benefit Regulations;
b
paragraph 23(7) of Schedule 5 to the Housing Benefit Regulations;
c
paragraph 22(7) of Schedule 10 to the Income Support Regulations;
d
paragraph 15(7) of Schedule V to the State Pension Credit Regulations.
7
In each of the paragraphs of the Schedules to the Regulations specified in paragraph (8) after the words “the Eileen Trust” there shall be inserted “, the Skipton Fund”.
8
The paragraphs of the Schedules specified for the purpose of paragraph (7) above are —
a
paragraph 16(1)(a) of Schedule 5ZA to each of the Council Tax Benefit Regulations and the Housing Benefit Regulations;
b
paragraph 27(1) of Schedule 8 to the Jobseeker’s Allowance Regulations.
Common amendments relating to sums to be disregarded in the calculation of income other than earnings
4
1
In each of the paragraphs of the Schedules to the Regulations specified in paragraph (2) for the words “section 21 of the Social Work (Scotland) Act 1968” there shall be substituted “section 26 of the Children (Scotland) Act 1995”.
2
The paragraphs of the Schedules specified for the purpose of paragraph (1) above are —
a
paragraph 25 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 24 of Schedule 4 to the Housing Benefit Regulations;
c
paragraph 26 of Schedule 9 to the Income Support Regulations;
d
paragraph 27 of Schedule 7 to the Jobseeker’s Allowance Regulations.
3
In each of the paragraphs of the Schedules to the Regulations specified in paragraph (4) for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995”.
4
The paragraphs of the Schedules specified for the purpose of paragraph (3) above are —
a
paragraph 27 of Schedule 4 to the Council Tax Benefit Regulations;
b
paragraph 26 of Schedule 4 to the Housing Benefit Regulations;
c
paragraph 28 of Schedule 9 to the Income Support Regulations;
d
paragraph 29 of Schedule 7 to the Jobseeker’s Allowance Regulations.
Income support and jobseeker’s allowance: capital treated as income
5
In regulation 41(3) of the Income Support Regulations and in regulation 104(3) of the Jobseeker’s Allowance Regulations for the words “section 12, 24 or 26 of the Social Work (Scotland) Act 1968” there shall be substituted “section 12 of the Social Work (Scotland) Act 1968 or sections 29 or 30 of the Children (Scotland) Act 1995”.
Further amendment of the Income Support Regulations
6
In paragraph 12(1)(d)(i) of Schedule 2 to the Income Support Regulations (applicable amounts) for the words “Social Security (Hospital In-Patient) Regulations 1975” there shall be substituted “Social Security (Attendance Allowance) Regulations 1991 or the Social Security (Disability Living Allowance) Regulations 1991”.
Amendment of the Recovery of Benefit Regulations relating to the Skipton Fund
7
In regulation 2(2) of the Recovery of Benefit Regulations —
a
in sub-paragraph (i) for “10th April 1992.” there shall be substituted “10th April 1992;”;
b
after sub-paragraph (i) there shall be inserted —
j
any payment made from the Skipton Fund, the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions..
Amendment of the Social Fund Maternity and Funeral Expenses Regulations relating to the Skipton Fund
8
In regulation 8(2) of the Social Fund Maternity and Funeral Expenses Regulations —
a
for the words “or the Eileen Trust” there shall be substituted “, the Eileen Trust or the Skipton Fund”;
b
for the words “and “the Eileen Trust”” there shall be substituted “, “the Eileen Trust” and “the Skipton Fund””.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
14th April 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Greater London Authority (Allocation of Grants for Precept Calculations) Regulations 2004 and shall come into force on 12th February 2004.
2
These Regulations have effect in relation to the financial year beginning on 1st April 2004.
Amounts of P1 and P2
2
1
The amounts in column 2 of the Table are specified in respect of the items (other than police grant) listed in column 1, as the amounts the aggregate of which constitutes P1 for the purposes of section 88(2) of the Greater London Authority Act 1999 .
2
The amounts in column 3 of the Table are specified in respect of the items listed in column 1, as the amounts the aggregate of which constitutes P2 for the purposes of section 89(4) of the Greater London Authority Act 1999 .
Table
Column 1 Column 2 Amounts for P1 £ Column 3 Amounts for P2 £
Redistributed non-domestic rates 71,235,779 100,068,987 Revenue Support Grant 197,165,719 598,828,904 General GLA Grant 36,328,000 Nil Additional Grant Nil Nil Police Grant Not applicable 1,123,084,093
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
10th February 2004


text:
1
These Regulations may be cited as the Public Record Office (Fees) Regulations 2004 and shall come into force on 1st April 2004.
2
1
Subject to paragraph (3), the fees to be charged for the authentication of copies of, or extracts from, records under the charge of the Keeper of Public Records, and for other services afforded by officers of the Public Record Office, shall be those set out in column A of the Schedule, in place of those set out in column B of the Schedule.
2
In the Schedule, where a charge is made by reference to a period of time, the full charge shall be payable in respect of part of that period.
3
The Keeper of Public Records may remit a fee where the service performed or to be performed by him has been, or is likely to be, exceptionally simple.
3
The Public Records Office (Fees) Regulations 2003 are revoked.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Secretary
Lord Chancellor’s Department
Dated 26th February 2004
We consent
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 3rd March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Antarctic (Amendment) Regulations 2004 and shall come into force on 23rd November 2004. The Antarctic Regulations 1995 (“the principal Regulations”), as amended , and these Regulations may be cited together as the Antarctic Regulations 1995 to 2004.
Amendment of Schedules 1 and 2 to the principal Regulations
2
The Schedules to the principal Regulations shall be amended as follows:
a
There shall be added to Schedule 1 the areas listed and described in Schedule 1 to these Regulations.
b
Schedule 2 shall be deleted and replaced by Schedule 2 to these Regulations.
Bill Rammell
For the Secretary of State for Foreign and Commonwealth Affairs
16th September 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Commission for Social Care Inspection (Children’s Rights Director) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply to England only.
Interpretation
2
1
In these Regulations —
“the 1989 Act ” means the Children Act 1989 ;
“the 2000 Act ” means the Care Standards Act 2000 ;
“the 2003 Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“national minimum standards” means statements of national minimum standards published under section 23 of the 2000 Act or section 87C of the 1989 Act ;
“a Part 2 undertaking” means an establishment or agency in respect of which a person is for the time being required to be registered by the CSCI under Part 2 of the 2000 Act;
“relevant services” means —
services provided by or in a Part 2 undertaking which are provided, or are to be provided, in respect of a child;
English local authority social services provided in respect of a child (including services provided for his family where those services are provided with a view to safeguarding or promoting the child’s welfare );
services provided in respect of a person aged 18 or over (“a young person”) pursuant to sections 23B to 23D and 24 to 24D of the 1989 Act ;
accommodation provided by a school, or by an institution within the further education sector (as defined in section 91 of the Further and Higher Education Act 1992 ), in so far as it is provided in respect of a child;
“relevant regulations” means any regulations made under the 1989 Act or the 2000 Act and applicable to relevant services.
2
For the purposes of regulation 3(1)(i), the person providing relevant services is —
a
in relation to services provided by or in a Part 2 undertaking, the person who carries on the establishment or agency concerned;
b
in relation to accommodation provided by a school or college, the relevant person as defined in section 87(11) of the 1989 Act .
Functions of the Children’s Rights Director
3
1
The functions of the Children’s Rights Director are —
a
to secure, so far as possible, that the CSCI in exercising its functions —
i
safeguards and promotes the rights and welfare of children and young persons who are provided with relevant services;
ii
gives proper consideration to the views of children and young persons to whom relevant services are provided and to the views of the parents of such children and young persons;
b
subject to paragraph (2), to advise the CSCI as to —
i
the procedure to be followed by the CSCI when considering an application for registration under section 12 of the 2000 Act in respect of a Part 2 undertaking by or in which relevant services for children are provided;
ii
the methodology to be followed by the CSCI, for inspection by persons authorised by its in respect of —
aa
premises used for the purposes of relevant services;
bb
relevant services provided at such premises;
c
to monitor and advise the CSCI about the effectiveness of the procedure and methodology mentioned in sub-paragraph (b);
d
to advise the CSCI from time to time on the numbers, qualifications and experience of staff it is likely to require to discharge its functions in relation to relevant services, and to assist the CSCI in the appointment of such staff;
e
to monitor action taken by the CSCI to enforce the requirements of the relevant regulations;
f
to monitor action taken by the CSCI pursuant to section 81 of the 2003 Act in relation to relevant services;
g
to monitor the effectiveness of measures taken by local authorities for the purposes of safeguarding the rights and welfare of children and young persons;
h
to ascertain —
i
the views of children and young persons about relevant services provided to them, and
ii
where appropriate, the views of their parents about those services,
and to report such views to the CSCI in so far as they are relevant to the discharge by the CSCI of its functions;
i
to monitor and review the effectiveness of the arrangements made by the person providing relevant services in accordance with relevant regulations, any national minimum standards and any guidance given by a Minister of the Crown in relation to —
i
dealing with complaints and representations made by or on behalf of children and young persons about such services;
ii
the raising of concerns by employees of the providers of relevant services about the safety and welfare of children and young persons using such services;
iii
ascertaining and responding to the views and wishes of children and young persons about the services provided to them;
j
to report, to a police officer or an officer of the local authority for the area in which the service is provided or situated, any cases where he has reasonable cause to suspect that any child to whom relevant services are provided is suffering, or is likely to suffer, significant harm;
k
to advise the CSCI about its procedures for dealing with complaints received from children or young persons about relevant services;
l
to report to the CSCI any significant matters relating to the rights and welfare of children and young persons who are provided with relevant services;
m
to discuss matters relating to the provision of relevant services with such bodies, including voluntary organisations, as appear to him to be appropriate;
n
to report to the CSCI about —
i
the availability of, and access to, relevant services, and
ii
the quality and effectiveness of relevant services;
o
to report to the CSCI on the effectiveness of the relevant regulations, of any national minimum standards and of any guidance given by a Minister of the Crown, applicable to relevant services;
p
to publicise the office of the Children’s Rights Director and his functions;
q
to assist the CSCI from time to time in the preparation of reports, including its annual report, in so far as they concern relevant services.
2
The functions set out in paragraph (1)(b) and (k) are subject to the requirements of regulations relating to the functions of the CSCI made under the 1989 Act or the 2000 Act .
Revocation
4
The National Care Standards Commission (Children’s Rights Director) Regulations 2002 are hereby revoked.
Signed by authority of the Secretary of State for Health
Stephen Ladyman,
Parliamentary Under Secretary of State,
Department of Health
8th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Marketing Authorisations for Veterinary Medicinal Products (Revocation of Confidentiality Provision) Regulations 2004 and shall come into force on 1st January 2005.
Revocation of regulation 14 of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994
2
Regulation 14 of the Marketing Authorisations for Veterinary Medicinal Products Regulations 1994 is revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
2nd December 2004


text:
INTRODUCTORY
Citation, commencement, extent and application
1
1
This Order may be cited as the International Criminal Tribunal for the former Yugoslavia (Restrictive Measures) (Overseas Territories) Order 2004 and shall come into force on 19th November 2004.
a
This Order shall extend to the territories listed in Schedule 1.
b
Article 9 shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
c
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
2
Articles 3, 4 and 5 shall apply to any person within the Territory and to any person elsewhere who is:
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of the Territory.
Interpretation
2
1
In this Order, the following expressions have, except where otherwise expressly provided, the meanings hereby respectively assigned to them, that is to say –
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“funds, financial assets or economic resources” means assets of every kind, whether tangible or intangible, movable or immovable, however acquired, and legal documents or instruments in any form, including electronic or digital, evidencing title to, or interest in, such assets, including, but not limited to, bank credits, travellers' cheques, bank cheques, money orders, shares, securities, bonds, drafts and letters of credit;
“Governor” means the Governor or other officer administering the Government of the Territory;
“ ICTY ” means the International Criminal Tribunal for the former Yugoslavia established by UN Security Council resolutions 808 (1993) and 827 (1993);
“listed person” means any person indicted by the ICTY and listed in the Annex (as modified from time to time) to Council Common Position 2004/694/ CFSP , adopted by the Council of the European Union on 11 October 2004;
“relevant institution” means –
the person or body responsible for carrying out in the Territory the functions of a monetary authority;
any person who may lawfully accept deposits in or from within the Territory by way of business; and
any society established lawfully in the Territory whose principal purpose is the making of loans secured on residential property where such loans are funded substantially by its members;
“ship” includes every description of vessel used in navigation;
“Supreme Court” means the court of the Territory having unlimited jurisdiction in civil proceedings;
“vehicle” means land transport vehicle.
2
For the purpose of the definition of “relevant institution” in paragraph (1) –
a
the activity of accepting deposits has the meaning given in any relevant order made under section 22 of the Financial Services and Markets Act 2000 ; and
b
a person is not regarded as accepting deposits by way of business if –
i
he does not hold himself out as accepting deposits on a day to day basis, and
ii
any deposits which he accepts are accepted only on particular occasions, whether or not involving the issue of any securities.
3
In determining for the purposes of paragraph (2)(b)(ii) whether deposits are accepted only on particular occasions, regard is to be had to the frequency of those occasions and to any characteristics distinguishing them from each other.
4
For the purpose of identifying a “listed person” referred to in paragraph (1), the Governor shall cause a notice containing the names and other particulars of such listed persons to be published in the Gazette of the Territory as necessary from time to time.
FUNDS, FINANCIAL ASSETS OR ECONOMIC RESOURCES
Making funds, financial assets or economic resources available to any listed person
3
Any person who, except under the authority of a licence granted by the Governor under this article, makes any funds, financial assets or economic resources available to or for the benefit of any listed person shall be guilty of an offence under this Order.
Freezing of funds, financial assets or economic resources
4
1
Where the Governor has reasonable grounds for suspecting that the person by, for or on behalf of whom any funds, financial assets or economic resources are held is or may be a listed person, the Governor may by notice direct that those funds, financial assets or economic resources are not to be made available to any person, except under the authority of a licence granted by the Governor under article 3.
2
A direction given under paragraph (1) shall specify either –
a
the period for which it is to have effect; or
b
that the direction is to have effect until it is revoked by notice under paragraph (3).
3
The Governor may by notice revoke a direction given under paragraph (1) at any time.
4
The expiry or revocation of a direction shall not affect the application of article 3 in respect of the funds, financial assets or economic resources in question.
5
A notice under paragraph (1) or (3) shall be given in writing to the person holding the funds, financial assets or economic resources in question (“the recipient”), and shall require the recipient to send a copy of the notice without delay to the person whose funds, financial assets or economic resources they are, or on whose behalf they are held (“the owner”).
6
A recipient shall be treated as complying with that requirement if, without delay, he sends a copy of the notice to the owner at his last-known address or, if he does not have an address for the owner, he makes arrangements for a copy of the notice to be supplied to the owner at the first available opportunity.
7
Where a direction has been given under paragraph (1), any person by, for or on behalf of whom those funds, financial assets or economic resources are held may apply to the Supreme Court for the direction to be set aside; and on such application the court may set aside the direction.
8
A person who makes an application under paragraph (7) shall give a copy of the application and any witness statement or affidavit in support to the Governor (and to any other person by, for or on behalf of whom those funds, financial assets or economic resources are held), not later than seven days before the date fixed for the hearing of the application.
9
Any person who contravenes a direction under paragraph (1) is guilty of an offence under this Order.
10
A recipient who fails to comply with such a requirement as is mentioned in paragraph (5) is guilty of an offence under this Order.
Facilitation of activities prohibited under article 3 or 4(9)
5
Any person who knowingly and intentionally engages in any activities the object or effect of which is to enable or facilitate the commission (by that person or another) of an offence under article 3 or 4(9) is guilty of an offence under this Order.
Failure to disclose knowledge or suspicion of measures
6
1
A relevant institution is guilty of an offence if:
a
it knows or suspects that a person who is, or has been at any time since the coming into force of this Order, a customer of the institution, or is a person with whom the institution has had dealings in the course of its business since that time:
i
is a listed person; or
ii
has committed an offence under article 3, 4(9) or 7(2); and
b
it does not disclose to the Governor the information or other matter on which the knowledge or suspicion is based as soon as is reasonably practicable after that information or other matter comes to its attention.
2
Where a relevant institution discloses to the Governor:
a
its knowledge or suspicion that a person is a listed person or a person who has committed an offence under article 3, 4(9) or 7(2), or
b
any information or other matter on which that knowledge or suspicion is based,
the disclosure shall not be treated as a breach of any restriction imposed by statute or otherwise.
GENERAL
Offences in connection with applications for licences, conditions attaching to licences, etc
7
1
If for the purposes of obtaining any licence under this Order any person makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.
Obtaining of evidence and information
8
The provisions of Schedule 3 shall have effect in order to facilitate the obtaining, by or on behalf of the Governor:
a
of evidence or information for the purpose of securing compliance with or detecting evasion of:
i
this Order in the Territory; or
ii
any law making provision with respect to the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory; and
b
of evidence of the commission of –
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory.
Penalties and Proceedings
9
1
Any person guilty of an offence under article 3, 4(9) or 5 shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
Any person guilty of an offence under paragraph 5(b) or (d) of Schedule 3 shall be liable –
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
3
Any person guilty of an offence under article 7(1) or (2) shall be liable:
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
4
Any person guilty of an offence under article 4(10), 6 or paragraph 5(a) or (c) of Schedule 3 shall be liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding £5,000 or its equivalent or to both.
5
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
6
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be instituted at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
7
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
8
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the Governor
10
1
The Governor may to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
11
1
Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing done anywhere other than the Territory provided that it is duly authorised.
2
A thing is duly authorised for the purpose of paragraph (1) if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
A.K.Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Hertfordshire) (District of East Hertfordshire) Order 2004 and shall come into force on 17th January 2005.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the district of East Hertfordshire except —
a
the entire length of the A10 (and its on and off slip roads) within the district; and
b
the entire length of the A414 (and its on and off slip roads) within the district.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
9th December 2004


text:
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) (No.2) Regulations 2004 and shall come into force on 1st September 2004.
2
In paragraph 13(1) of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 , for “£2,280” substitute “£2,335.”
Alan Johnson
Minister of State
Department for Education and Skills
8th July 2004


text:
Citation and Interpretation
1
1
This Order may be cited as the Higher Education Act 2004 (Commencement No. 2) Order 2004.
2
In this Order “the 2004 Act ” means the Higher Education Act 2004.
Provisions coming into force
2
The following provisions of the 2004 Act shall come into force on 16 December 2004;
Section 1;
Sections 3 to 9;
Section 10(1) and (4);
Section 49 to the extent it relates to the provisions of Schedule 6 specified below; and
Paragraphs 2, 4 to 6 and 10 of Schedule 6 to the extent that they are not already in force.
Kim Howells
Minister of State
Department for Education and Skills
9th December 2004


text:
1
This Order may be cited as the Penalties for Disorderly Behaviour (Amount of Penalty) (Amendment) Order 2004 and shall come into force on 5th March 2004.
2
1
The Schedule to the Penalties for Disorderly Behaviour (Amount of Penalty) Order 2002 shall be amended as follows.
2
The entry relating to section 80 of the Explosives Act 1875 shall be omitted from Part II of the Schedule and inserted before the entry relating to the Fire Services Act 1947 in Part I of the Schedule.
3
In Part I of the Schedule —
a
the entry relating to the Telecommunications Act 1984 shall be omitted; and
b
after the entry relating to the Public Order Act 1986 there shall be inserted —
i
in the first column, the words “Section 127(2) of the Communications Act 2003 (c. 21) ”; and
ii
in the second column, the words “Using public electronic communications network in order to cause annoyance, inconvenience or needless anxiety”.
Hazel Blears
Minister of State
Home Office
10th February 2004