text:
Title, commencement, extent and application
1
1
This Order may be cited as the Plant Health ( Phytophthora kernovii Management Zone) (England) Order 2004 and shall come into force on 21st December 2004.
2
This Order extends to England and Wales but applies only in relation to England.
Interpretation
2
In this Order —
“footpath” includes a footpath and a bridleway with the meaning given to those terms in the Highways Act 1980 ;
“inspector” means any person authorised to be an inspector for the purposes of the principal Orders;
“management zone” means the area near Redruth in Cornwall enclosed by the boundary described in Schedule 2;
“ Phytophthora kernovii ” refers to the organism known as Phytophthora kernovii (formerly known as Phytophthora taxon C);
“plant” has the same meaning as in the Plant Health (Great Britain) Order 1993 ;
“premises” has the same meaning as in the principal Orders;
“the principal Orders” means the Plant Health (Great Britain) Order 1993 and the Plant Health (Forestry) (Great Britain) Order 1993 ;
“susceptible material” means plants and trees, other than fruit or seeds, of the genera and species listed in Schedule 1; and
“tree” has the same meaning as in the Plant Health (Forestry) (Great Britain) Order 1993.
Prohibition on the movement of susceptible material
3
No person shall move any susceptible material from any place within the management zone to any place outside the management zone without the written authority of an inspector.
Closure of footpaths
4
1
Subject to paragraph (3), an inspector may, where he thinks it expedient for preventing the spread of Phytophthora kernovii from plants or trees adjoining or within the vicinity of a footpath or any part of a footpath within the management zone, close that footpath or part of a footpath in accordance with paragraph (2).
2
An inspector shall close a footpath or part of a footpath under paragraph (1) by displaying such notices at points of entry to the footpath as appear to the inspector to be reasonably necessary to notify persons wishing to use the footpath of its closure.
3
Closure of a footpath under paragraph (1) shall not prevent an occupier of premises, or any person who is treated as his visitor for the purposes of the Occupiers' Liability Act 1957 , from using the footpath for the purpose of gaining access to those premises, or to any part of those premises, where his or their only means of access to the premises is by virtue of the footpath.
4
An inspector may revoke a closure of a footpath or any part of a footpath under paragraph (1) by removing or causing to be removed all notices displayed in accordance with paragraph (2).
5
Where an inspector closes a footpath under paragraph (1) or revokes a closure of a footpath under paragraph (4) he shall —
a
give notice of such closure or revocation to the highway authority for the footpath; and
b
publish notice of such closure or revocation in a local newspaper circulating in the area in which the footpath is situated.
Powers of inspectors
5
1
Subject to paragraphs (2), (3) and (4), an inspector may, if he has reasonable grounds for suspecting that there is present on any premises, whether inside or outside the management zone, any susceptible material that is being or has been moved in contravention of article 3, enter those premises and inspect and, if he considers it necessary, seize any such material found on the premises.
2
Before exercising the power in paragraph (1) an inspector shall, unless it is not practicable to do so, give the occupier or other person in charge of the premises reasonable notice of his intention and shall produce his authority, if so required.
3
The power to enter premises conferred by paragraph (1) may be exercised by an inspector to enter a building used wholly or mainly as a dwelling only if he has been granted a warrant by a justice of the peace.
4
A justice of the peace may grant a warrant under paragraph (3) only if he is satisfied —
a
that admission to the building has been refused, or is likely to be refused, or that the case is one of urgency, or that a request for admission might prejudice the purpose of the entry; and
b
that there are reasonable grounds for entry.
5
A warrant granted under paragraph (3) shall remain in force —
a
for one month; or
b
until the purpose for which the warrant is granted has been fulfilled,
whichever period is the shorter.
Offences
6
1
A person shall be guilty of an offence if —
a
without reasonable excuse, proof of which shall lie on him —
i
he moves susceptible material in contravention of article 3;
ii
he uses a footpath that has been closed under article 4(1) unless that use is in accordance with article 4(3); or
iii
he removes, unless directed by an inspector to do so, or defaces or otherwise interferes with a notice displayed under article 4(2); or
b
he intentionally obstructs an inspector in the exercise of the powers conferred upon him by this Order.
2
A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment,Food and Rural Affairs
20th December 2004
Wilma Harper
Secretary to the Forestry Commissioners
20th December 2004


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) (Amendment No. 2) Regulations 2004 and shall come into force on 25th October 2004.
2
The Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003 shall be amended as follows.
3
After regulation 5, insert —
5A
The form set out in Schedule 3A is hereby prescribed for an application for limited leave to remain in the United Kingdom as a participant in the Science and Engineering Graduates Scheme for the purposes of the immigration rules.
.
4
In regulation 6(2), for “regulations 3, 3A, 4 or 5 above” substitute “regulations 3 to 5A above”.
5
After Schedule 3, insert as Schedule 3A the form which is set out in the Schedule to these Regulations.
Des Browne
Minister of State
Home Office
1st October 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Rochdale (Electoral Changes) (Amendment) Order 2004.
2
This Order shall come into force on the day after that on which it is made.
Amendment to the 2004 Order
2
1
The Borough of Rochdale (Electoral Changes) Order 2004 shall be amended as follows:
2
In article 2 “any reference to the map is a reference to the map marked “Revised (2004) Map referred to in the Borough of Rochdale (Electoral Changes) Order 2004”, of which prints are available” shall be substituted for the words from “any reference to the map” to “of which prints are available”.
3
In article 5 “the map marked “Revised (2004) Map referred to in the Borough of Rochdale (Electoral Changes) Order 2004” available for inspection” shall be substituted for the words from “the map marked” to “available for inspection”.
Sealed with the seal of the Electoral Commission on the 6th day of April 2004
Sam Younger
Chairman of the Commission
6th April 2004
Jacqui Dixon
Secretary to the Commission
6th April 2004


text:
Title, commencement, extent and application
1
1
This Order may be cited as the Sea Fishing (Restriction on Days at Sea) Order 2004 and shall come into force on 19th February 2004.
2
Subject to paragraph (3) this Order shall not form part of the law of Scotland or Northern Ireland or apply in Wales.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision which creates an offence.
4
This Order does not apply to any fishing boat which is less than 10 metres in length as set out in point 1 of Annex V.
Interpretation
2
1
In this Order —
“Annex V” means Annex V to Council Regulation ( EC ) No. 2287/2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required ;
“the Annex V year” means the period commencing with the coming into force of this Order and ending with 31st December 2004, and references to things done during the Annex V year cover things done at any time within it;
“base unit” has the same meaning as in article 3;
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that Part of that Act;
“cod recovery zone” means the geographical area defined in point 2(a) of Annex V, but for fishing boats covered by point 2(b) of Annex V it means that area as qualified by point 2(b) of Annex V;
“day” has the meaning set out in point 3(b) of Annex V;
“English fishing boat” means a relevant British fishing boat other than a Welsh fishing boat;
“equivalent provision” means any provision, in any other Order made for the purposes of implementing Annex V in relation to any part of the United Kingdom, which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981;
“the first February stage” means the period starting with 1st February 2004 and ending immediately before the date on which this Order comes into force, and “the second February stage” means the remainder of February 2004.
“fishing boat” includes any vessel covered by Annex V;
“foreign fishing boat” means a fishing boat covered by Annex V which is not a British fishing boat;
“management period” means a period established as provided in article 3;
“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 ;
“person in charge”, in relation to a fishing boat, means the owner, master or charterer, if any, of the fishing boat or the agent of any of them;
“regulated gear” means any gear within a grouping of fishing gears set out in point 4 of Annex V;
“Regulation 2807/83” means Commission Regulation ( EEC ) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish, as amended at the date this Order is made ;
“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the Common Fisheries Policy, as amended at the date this Order is made ;
“relevant British fishing boat” means a British fishing boat which is neither a Scottish fishing boat nor a Northern Ireland fishing boat;
“Scottish fishing boat” means a British fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
“unused days” in relation to any fishing boat, grouping of regulated gear and management period, means the number of days available to the boat carrying the gear in the cod recovery zone during the period before its allocation of days under article 4 is exhausted;
“Wales” has the same meaning as in the Government of Wales Act 1998 ;
“Welsh fishing boat” means a British fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Wales as the port to which the boat is to be treated as belonging.
2
In this Order —
a
the term “within relevant British fishery limits” does not include the Scottish zone or the Northern Ireland zone;
b
“logbook” means the same as in Article 6 of Regulation 2847/93 as amplified by Regulation 2807/83, and, for the purposes of any provision other than article 13, any reference to a document or logbook includes any —
i
map, plan, graph or drawing;
ii
photograph;
iii
data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;
iv
disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced; and
v
film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced.
3
Any information provided to any authority for the purposes of any provision of this Order shall be treated as also provided for the purposes of any equivalent provision.
Establishment of management periods
3
1
Management periods for an English fishing boat, as referred to in point 6(b) of Annex V, shall be determined and notified by the person in charge of the boat, as follows:
a
the base unit for determination of management periods shall be one month;
b
each management period may be determined in multiples of the base unit from 1 to 11 months;
c
the determination of each management period must be notified to the Secretary of State for Environment, Food and Rural Affairs at the same time as any grouping of regulated gear for the boat for the period;
and they are established by that determination and notification unless point 12 of Annex V applies to the boat, in which case they are established by confirmation of that determination and notification by the Secretary of State for Environment, Food and Rural Affairs taking that point into account.
2
The person in charge of a British fishing boat which, at any time during the Annex V year, is absent from port in the cod recovery zone carrying regulated gear for which a management period has not been established as provided in paragraph (1), or any equivalent provision, is guilty of an offence.
3
For the purposes of this article —
a
a notification given to the Secretary of State for Environment, Food and Rural Affairs (whether after or in anticipation of the coming into force of this Order) covering a management period including February 2004 and any grouping of gears for the period shall be treated as meeting the requirement of paragraph (1)(c) but with the management period counting as beginning immediately on the date this Order comes into force and ending as notified; and
b
the second February stage counts as one month and shall accordingly be treated as a single base unit.
Absences from port etc
4
1
A person in charge of a relevant British fishing boat which, at any time in the Annex V year, either —
a
contravenes point 9 of Annex V, or
b
during a management period established for it, is absent from port, while carrying the regulated gear notified for the period in the cod recovery zone, in excess of the ADMP granted to it on the basis of the following formulae, that is to say —
i
ADB = Y + DC , and
ii
ADMP = (ADB x Z ) + DR − DT − DD − F − J − N ,
is guilty of an offence.
2
In paragraph (1) —
a
“ADMP” means the allocation of days for the relevant British fishing boat to be out of port in the cod recovery zone carrying the regulated gear in the management period;
b
“ADB” means the allocation of days for the relevant British fishing boat to be out of port in the cod recovery zone carrying the regulated gear per base unit in the management period;
c
“Y” means —
i
where one grouping of regulated gear has been notified for the relevant British fishing boat, the number of days per base unit allocated for that gear grouping under point 6(a) of Annex V, and
ii
where two groupings of regulated gear have been notified for the relevant British fishing boat, the number of days per base unit allocated for the combination of those gear groupings under point 6(a), as read with point 7, of Annex V;
d
“DC” means any number of days, extra to those covered by sub-paragraph (c), allocated to the United Kingdom under point 6(c) to (f) of Annex V for the purpose of being available to any fishing boat within a class within which the relevant fishing boat falls;
e
“Z” means the number of base units in the management period;
f
“DR” means the number of days transferred to the relevant fishing boat under article 6 during the management period;
g
“DT” means the number of days transferred from the relevant British fishing boat under article 6 during the management period;
h
“DD” means the number of days required to be deducted as a result of failure to comply with any condition or requirement in point 6(d) or (e) of Annex V;
i
“F” means, where the management period includes the second February stage, any number of days spent absent from port in the cod recovery zone carrying the regulated gear by the relevant British fishing boat during the first February stage;
j
“J” means any number of days during the management period (being one in which the regulated gear is at any time affixed to both the relevant British fishing boat and one or more other fishing boats) when the relevant British fishing boat is absent from port in the cod recovery zone but the gear is being carried by any other such boat which is so absent; and
k
“N” means the number of days, if any, in which the relevant British fishing boat was absent from port, while carrying regulated gear notified for the previous management period established for it in the cod recovery zone, in excess of the ADMP granted to it on the basis of those formulae during that previous management period.
Carriage and operation of fishing gears
5
1
The person in charge of a relevant British fishing boat which fishes in contravention of the first paragraph of point 7 of Annex V is guilty of an offence.
2
The person in charge of a relevant British fishing boat which deploys regulated gear in contravention of the second paragraph of point 7 of Annex V whilst present in the cod recovery zone is guilty of an offence.
3
The person in charge of a relevant British fishing boat which uses regulated gear in contravention of the remainder of point 7 of Annex V is guilty of an offence.
4
Where point 7 of Annex V requires notification or prior notice it must, in the case of an English fishing boat, be given to the Secretary of State for Environment, Food and Rural Affairs.
5
The person in charge of a relevant British fishing boat which carries fishing gear on board in contravention of point 8 or 11 of Annex V is guilty of an offence.
Transfer of days from one boat to another
6
1
Unused days may be transferred from one British fishing boat (“donor”) to another British fishing boat (“recipient”) under point 10 of Annex V.
2
A transfer under paragraph (1) is only effective if, where the donor is an English fishing boat, a written notification of transfer, signed by the donor’s owner (or, as the case may be, each part owner), is sent to the Secretary of State for Environment, Food and Rural Affairs before the end of the management period in relation to which the transfer is to take effect, and contains all the following particulars:
a
the name and PLN and RSS number of the donor;
b
the management period and any grouping of regulated gear to which the transfer relates;
c
the name and PLN and RSS number of each recipient;
d
the number of days transferred to each recipient;
e
a declaration to the effect that the donor is entitled to make the transfer;
f
the date of signature.
3
A person who makes a false declaration in a notification under paragraph (2) is guilty of an offence.
4
For the purpose of this article —
a
“name” in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, means its registered name as referred to in regulation 30 of the Merchant Shipping (Registration of Ships) Regulations 1993 ; and
b
the requirement for a notification to contain PLN and RSS numbers applies only in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, and those numbers are respectively its port number and its official number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993.
Transportation of cod
7
Where any quantities of cod are transported, during the Annex V year, in contravention of point 21 of Annex V, the owner or hirer of, and the person responsible for, the vehicle used to transport the cod is guilty of an offence.
Mixing of species
8
A person in charge of —
a
a relevant British fishing boat, or
b
a Scottish, Northern Ireland or foreign fishing boat within relevant British fishery limits,
on which cod is stowed or retained during the Annex V year in contravention of point 19 of Annex V, is guilty of an offence.
Notification prior to entry to an English port
9
1
The person in charge of a British or foreign fishing boat to which point 15 of Annex V applies, which, during the Annex V year, enters a port in England without the information called for by that point having been provided as required by it, is guilty of an offence.
2
For the purposes of paragraph (1), the Secretary of State for Environment, Food and Rural Affairs is the person to whom that information is to be provided.
Landing of cod where prior notification is required
10
1
A British sea-fishery officer may, by written or oral direction to the person in charge of a British or foreign fishing boat landing at a port in England, require that the discharge referred to in point 16 of Annex V does not commence until authorised by a British sea-fishery officer.
2
The person in charge of a fishing boat from which a discharge is made during the Annex V year in contravention of any requirement under paragraph (1) is guilty of an offence.
Landing of cod at a designated port
11
1
The person in charge of a British or foreign fishing boat which lands cod in England in contravention of point 17 of Annex V during the Annex V year is guilty of an offence.
2
If, in the circumstances to which point 20 of Annex V applies, cod is first landed from a fishing boat in a port within England designated as specified in paragraph (3), it is required that a representative sample, as called for by that point, shall be weighed in the presence of a British sea-fishery officer prior to being offered for first sale, unless the following conditions are met —
a
the fishing boat is party to an arrangement made among fishing boats using the port with a person or organisation to act as their controller for the purposes of that point; and
b
details of the arrangement, and the fishing boats which are party to it, have been notified to the Secretary of State for Environment, Food and Rural Affairs;
and the person in charge of a fishing boat from which cod is offered for first sale during the Annex V year in contravention of that requirement is guilty of an offence.
3
For landings in England, the ports, and where applicable the landing locations within them, designated for the purposes of paragraph 17 of Annex V are listed in the Schedule.
Recording information on catches of fish
12
The person in charge of a relevant British fishing boat to which point 13 of Annex V applies, in respect of which the 8% margin of tolerance referred to in point 18 of Annex V is exceeded during the Annex V year, is guilty of an offence.
Maintenance of logbooks
13
1
An entry shall be made in a logbook of any relevant British fishing boat which is absent from port (on a trip which includes any period in the cod recovery zone) carrying regulated gear but not fishing as specified in Article 6 of Regulation 2847/93, in respect of each particular gear which would be required to be entered by that article (as amplified by Regulation 2807/83) were the boat so fishing, and such an entry shall state the type of fishing gear carried.
2
Such an entry shall be made —
a
daily, but not later than midnight in respect of each day;
b
at the time of arrival in port; and
c
at the time of any inspection at sea;
d
at the time that an effort report is made as required by Article 19e.3 of Regulation 2847/93,
and the requirements of those Regulations for handing over and dispatch of logbook entries shall apply to the entries required by this article as they apply to other entries.
3
Where a relevant British fishing boat is absent from port and paragraph (1) requires a logbook entry to be made in respect of that absence, the logbook entries shall be handed over and dispatched as if landing were made at the time of the boat’s arrival in port.
4
Where in relation to any time in the Annex V year there is, in respect of a relevant British fishing boat, a failure to make an entry required by this article, or to comply with requirements for handing over and dispatch referred to in this article, the person in charge of that fishing boat is guilty of an offence.
Penalties and defence
14
1
A person guilty of an offence under article 3, 4, 5, 6, 7, 8, 9, 10, 11, 12 or 13 of this Order or under any equivalent provision shall be liable —
a
on summary conviction to a fine not exceeding £50,000;
b
on conviction on indictment to a fine.
2
The court by or before which a person is convicted of an offence under article 3, 4, 5, 7, 8, 9, 10, 11, or 12 of this Order or under any equivalent provision may, subject to paragraph (4), also order forfeiture of:
a
any fish in respect of which the offence was committed; and
b
except in the case of an offence under article 7 or any equivalent provision, any fishing gear used in the course of, or in activities leading to, the commission of the offence.
3
Any person found guilty of an offence under article 3, 4, 5, 7, 8, 9, 10, 11 or 12 of this Order or under any equivalent provision shall, subject to paragraph (4), also be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
4
A person shall not be liable to a fine under paragraph (3) in respect of such an offence if, under paragraph (2), the court orders the forfeiture of the fish in respect of which that offence was committed; and where a fine is imposed under paragraph (3) in respect of any offence, the court shall not have the power under paragraph (2) to order forfeiture of the fish in respect of the offence was committed.
5
In any proceedings for an offence under article 4(1)(b), it shall be a defence for a person to show that the number of days absent from port carrying any type of fishing gear comprising the offence was no greater than the number of days of absence carrying that gear purportedly but not validly transferred to that person’s fishing boat under article 6 and that he did not know and had no reasonable cause to suspect that the donor was not entitled to transfer the days.
6
References in this article to fish in respect of which an offence was committed include fish caught at any time in the period during which the offence was committed.
Recovery of fines
15
1
Where a fine is imposed by a magistrates' court on a person in charge of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order the boat and its gear and catch to be detained for a period not exceeding three months from the date of conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.
3
Where, in relation to a fine in respect of an offence under this Order or any equivalent provision, an order under legislation extending to Scotland or Northern Ireland, reciprocally replicating the effect of an order under section 90 of the Magistrates Court Act 1980 (transfer of fines to Scotland or Northern Ireland), specifies a petty sessions area in England, the preceding provisions of this article shall apply as if the fine were imposed by a court within the petty sessions area.
Powers of British sea-fishery officers in relation to fishing boats
16
1
For the purpose of enforcing articles 3 to 13 of this Order or any equivalent provisions, or to operate or facilitate the operation of any monitoring deriving from point 22 of Annex V, any British sea-fishery officer may exercise the powers conferred by this article in relation to —
a
any relevant British fishing boat wherever it may be; or
b
any other fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence under any of those articles or any equivalent provision has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that an offence under any of those articles or any equivalent provision has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3, 4, 5, 8, 12 or 13, or under any equivalent provision, has at any time been committed in respect of a fishing boat, he may —
a
require the master of the boat to take, or himself take, the boat and crew to the port which appears to him to be the nearest convenient port; and
b
detain, or require the master to detain, the boat in port;
and where such an officer detains or requires the detention of the boat he shall serve on the master a notice in writing stating that the boat is (or is required to be) detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
17
1
For the purpose of enforcing articles 3 to 13 of this Order or any equivalent provisions, or to operate or facilitate the operation of any monitoring deriving from point 22 of the Annex, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at the premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from the premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under any of those articles or any equivalent provision has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish or to the entry to, or exit from, any port or harbour by any fishing boat;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under any of those articles or any equivalent provision, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has a reason to suspect that an offence under any of those articles or any equivalent provision has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) shall also apply in relation to any land used in connection with any of the activities described in paragraph (1)(a), or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under any of those articles or any equivalent provision; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
18
1
This article applies —
a
in England,
b
to any relevant British fishing boat wherever it may be, and
c
to any other British or any foreign fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence has been committed; and
b
any fishing gear which he has reasonable grounds to suspect has been used in the course of, or in activities leading to, the commission of an offence,
under article 3, 4, 5, 7, 8, 9, 10, 11 or 12, or under any equivalent provision.
Protection of British sea-fishery officers
19
A British sea-fishery officer or a person assisting him by virtue of article 16(2) or 17(1)(b), or authorisation under article 17(3), shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 16 to 18 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of British sea-fishery officers
20
1
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 16 and 17;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults a person who is exercising any of the powers conferred on him by articles 16 to 18 or intentionally obstructs him in the exercise of any of those powers,
is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
Provisions as to offences
21
1
Where any offence under any of articles 3 to 13 or any equivalent provision committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under any of articles 3 to 13 or any equivalent provision committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under any of articles 3 to 13 or any equivalent provision committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
22
1
Any —
a
logbook kept under Article 6, 17(2) or 28c;
b
declaration submitted under Article 8(1), 17(2) or 28f;
c
effort report completed under Article 19b and 19c;
d
document drawn up under Article 9, 11, 12 or 13; or
e
document containing required information received by a fisheries monitoring centre established under Article 3(7),
of Regulation 2847/93 shall, in any proceedings for an offence under this Order or any equivalent provision, be evidence of the matters stated therein and so shall any additional entry in a logbook made pursuant to this Order or any equivalent provision.
2
For the purpose of paragraph (1), “required information” means —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Consequential and connected amendments
23
The Sea Fishing (Enforcement of Community Control Measures) Order 2000 is amended, so far as it applies in England, as follows:
a
in article 2(1) —
i
for the definition of “Annex XVII ” substitute the following definition —
“Annex V” means Annex V to Council Regulation 2287/2003 of 19th December 2003 fixing for 2004 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required;
;
ii
at the end of the definition of “Regulation 2847/93” replace “and as applied by paragraph 12 of Annex XVII” with “and as applied by point 13 of Annex V”;
b
after article 3(1) insert the following paragraph:
1A
In relation to any such fishing boat landing at a port designated by article 11(3) of the Sea Fishing (Restriction on Days at Sea) Order 2004, being a boat to which Annex V applies, the obligation to submit the logbook referred to in item 2(b) of the Schedule shall be treated for the purposes of paragraph (1) as contravened unless submission is effected, before the landing of any fish, by the handing of the white top copy of each logbook entry to a British sea-fishery officer or the placing of that white top copy in a box in the port marked as provided for that purpose.
;
c
in the Schedule, in column 3 of each entry opposite items 2(l), (m), (n) and (o), for the words “paragraph 12 of Annex XVII”, substitute the words “point 13 of Annex V”.
Revocation
24
The following Orders are revoked in so far as they apply in England —
a
the Sea Fishing (Restriction on Days at Sea) (No. 2) Order 2003 ;
b
the Sea Fishing (Restriction on Days at Sea) (No. 2) (Amendment) Order 2004 .
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
17th February 2004
Paul Murphy
Secretary of State for Northern Ireland
17th February 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Assisted Places) (Incidental Expenses) (Amendment) (England) Regulations 2004 and shall come into force on 1st September 2004.
2
These Regulations apply in relation to a school year beginning on or after that date.
3
These Regulations apply only in relation to England.
Amendment of the Education (Assisted Places) (Incidental Expenses) Regulations 1997
2
1
The Education (Assisted Places) (Incidental Expenses) Regulations 1997 are amended as follows.
2
In regulation 2 —
a
In paragraph (2), substitute “£12,846” for “£12,508”.
b
In paragraph (3) for sub-paragraphs (a) and (b) substitute —
a
£79 where the relevant income does not exceed £11,935; and
b
£41 where that income exceeds £11,935 but does not exceed £12,846
.
3
In regulation 4 —
a
in paragraph (3), substitute “£11,948” for “£11,639”; and
b
in paragraph (4) —
i
substitute “£11,948” for “£11,639”; and
ii
substitute “£11,769” for “£11,460”.
David Miliband
Minister of State,
Department for Education and Skills
22nd July 2004


text:
PART I
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Commission for Social Care Inspection (Fees and Frequency of Inspections) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Care Standards Act 2000;
“the 1957 Act ” means the Nurses Agencies Act 1957 ;
“the 1984 Act ” means the Registered Homes Act 1984 ;
“the 1989 Act ” means the Children Act 1989 ;
“adult placement home” means a care home in respect of which the registered provider is an adult placement carer within the meaning of regulation 45 of the Care Homes Regulations 2001 ;
“approved place” means —
in relation to an establishment, boarding school, residential college or residential special school, a bed provided for the use of a service user at night; or
in relation to a residential family centre, overnight accommodation which is appropriate to a single family;
“boarding school” means a school (not being a residential special school or a school which is a children’s home or a care home) providing accommodation for any child, and “school” has the meaning given to it in section 105(1) of the 1989 Act;
“certificate” means a certificate of registration;
“existing provider” means —
a person who immediately before 1st April 2002 —
was registered under Part 1 of the 1984 Act in respect of a residential care home;
was registered under Part 2 of the 1984 Act in respect of a nursing home or mental nursing home;
carried on a home that was registered in a register kept for the purposes of section 60 of the 1989 Act;
carried on a home that was registered under Part 8 of the 1989 Act; or
a nurses agency provider;
“local authority fostering service” means the discharge by a local authority of relevant fostering functions within the meaning of section 43(3)(b) of the Act;
“new provider” means a person who —
carries on a residential family centre, nurses agency or domiciliary care agency, and first carried on that establishment or agency after 1st April 2003; or
carries on any other description of establishment or agency, and first carried on that establishment or agency after 1st April 2002;
“nurses agency provider” means a person —
who, immediately before 1st April 2003, carried on an agency for the supply of nurses within the meaning of the 1957 Act; and
was the holder of —
a valid licence which had been granted to him by a local authority under section 2 of that Act and which authorised him to carry on that agency from premises specified in the licence; or
a licence which would have ceased to be valid on 31st December 2002 by virtue of section 2(6) of the 1957 Act, but which continued to be treated as valid by virtue of article 4 of the Care Standards Act 2000 (Commencement and Transitional Provisions) (Amendment No.2) (England) Order 2002 (“the relevant order ”);
“previously exempt provider” means a provider —
who, immediately before 1st April 2002, carried on an establishment other than —
a residential care home, nursing home or mental nursing home in respect of which a person was required to be registered under Part 1 or 2 of the 1984 Act;
a home that was required to be registered in a register kept for the purposes of section 60 of the 1989 Act or under Part 8 of that Act; or
who, immediately before 1st April 2003, carried on an agency other than an agency for the supply of nurses within the meaning of the 1957 Act which the person was authorised to carry on from those premises under a licence granted to him under section 2 of that Act;
“registered manager” in relation to an establishment or agency means a person who is registered under Part 2 of the Act as the manager of the establishment or agency;
“registered person” means any person who is the registered provider or registered manager in respect of an establishment or agency;
“registered provider” in relation to an establishment or agency means a person who is registered under Part 2 of the Act as the person carrying on the establishment or agency;
“residential college” means a college as defined in section 87(10) of the 1989 Act which provides accommodation for any child ;
“residential special school” means —
a special school in accordance with sections 337 and 347(1) of the Education Act 1996 ; or
an independent school not falling within (a) which has as its sole or main purpose the provision of places, with the consent of the Secretary of State, for pupils with special educational needs or who are in public care,
and which provides accommodation for any child;
“service user” means —
any person who is to be provided with accommodation or services in an establishment, or by an agency, but excludes registered persons or persons employed or intended to be employed in an establishment or by an agency, and their relatives; or
a child accommodated in a boarding school, residential college or residential special school;
“small agency” means a domiciliary care agency or nurses agency where no more than two members of staff, including registered persons but excluding someone employed solely as a receptionist, are employed at any one time;
“small establishment” means an establishment, other than an adult placement home, which has less than four approved places.
2
In these Regulations —
a
“agency” does not include a voluntary adoption agency or an independent medical agency ; and
b
“establishment” does not include an independent hospital or an independent clinic .
PART II
FEES
Registration fees
3
1
For the purposes of section 12(2) of the Act, and, subject to paragraph (2), the fee to accompany —
a
an application by a person seeking to be registered under Part 2 of the Act as a person who carries on an establishment or agency, other than an establishment or agency referred to in sub-paragraph (b), shall be £1,584; and
b
an application by a person seeking to be registered under Part 2 of the Act as a person who carries on a residential family centre, nurses agency or domiciliary care agency, shall be £1,320.
2
Where the establishment is a small establishment or an adult placement home or the agency is a small agency the fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £432; and
b
in the case of an application referred to in paragraph (1)(b), £360.
3
For the purposes of section 12(2) of the Act, the fee to accompany an application by a person seeking to be registered under Part 2 of the Act as a person who manages an establishment or agency other than a small establishment or an adult placement home or a small agency —
a
in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), shall be £432;
b
in respect of a residential family centre, nurses agency or domiciliary care agency, shall be £360.
Variation fees
4
1
For the purposes of section 15(3) of the Act, the fee to accompany an application by the registered provider under section 15(1)(a) of the Act (“the variation fee”) shall, subject to paragraphs (2) and (3), be —
a
in respect of an establishment or agency other than an establishment or agency referred to in sub-paragraph (b), £792;
b
in respect of a residential family centre, nurses agency or domiciliary care agency, £660.
2
Where the establishment is a small establishment or an adult placement home or the agency is a small agency the fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £432;
b
in the case of an application referred to in paragraph (1)(b), £360.
3
In a case where the variation of a condition is a minor variation, the variation fee shall be —
a
in the case of an application referred to in paragraph (1)(a), £72; and
b
in the case of an application referred to in paragraph (1)(b), £60.
4
For the purposes of paragraph (3) a “minor variation” is a variation which, in the opinion of the CSCI , if the application for the variation of the condition were granted, would involve no material alteration in the register kept by the CSCI in accordance with regulations made under section 11(4) of the Act.
Annual fees
5
1
Subject to paragraphs (2) to (4), the registered provider, in respect of an establishment or agency, a relevant person in respect of a boarding school, residential college or residential special school or a local authority in respect of a local authority fostering service, specified in column (1) of the Table below shall pay an annual fee and —
a
the amount of the annual fee shall be —
i
in a case where no amount is specified in column (3) or (4), the amount specified in column (2);
ii
in any other case, the sum of the amount specified in column (2) and the amounts specified in column (3), and (if applicable) column (4), multiplied by the number of approved places specified in respect of each column; and
b
shall be payable for the year beginning 1st April 2004 and subsequent years in accordance with column (5).
Column (1) Column (2) Column (3) Column (4) Column (5) Establishment, agency, school or college, local authority fostering service Flat rate payable in all cases Rate payable for each approved place from the 4th to the 29th place inclusive Rate payable for the 30th and each subsequent approved place Annual fee due on
a
Care home
£216 £72 £72
a
in the case of an existing provider, the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;
b
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
c
in the case of a new provider —
i
if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
b
Children’s home
£720 £72 £72
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;
b
in the case of an existing provider, where an annual fee was not previously payable under the 1989 Act, on 1st April in each year;
c
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
d
in the case of a new provider —
i
if the certificate was issued before 1st April 2004 each year on the anniversary of the date of issue;
ii
otherwise, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
c
Fostering agency
£1,440
a
if the certificate was issued —
i
before 1st April 2003, on 1st April 2004 and thereafter on the anniversary of that date; or
ii
on or after 1st April 2003 and before 1st April 2004, each year on the anniversary of the date of issue; or
b
otherwise on the date on which the certificate is issued and thereafter on the anniversary of that date.
d
Residential family centre)
£480 £60 £60
a
in the case of an existing provider, on the anniversary of the date on which the annual fee was payable under the 1984 Act or the 1989 Act;
b
in the case of a previously exempt provider, on 1st April 2004 and thereafter on the anniversary of that date; and
c
in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
e
Domiciliary care agency
£900
a
if the certificate was issued —
i
before 1st April 2003, on 1st April 2004 and thereafter on the anniversary of that date; or
ii
on or after 1st April 2003 and before 1st April 2004, each year on the anniversary of the date of issue; or
b
otherwise, on the date on which the certificate is issued and thereafter on the anniversary of that date.
f
Nurses agency
£600
a
in the case of an existing provider —
i
where the licence under the 1957 Act was granted to the provider by the local authority between 1st January 2002 and 31st March 2002,
on the anniversary first occurring after 1st April 2004 of the date on which the certificate was issued, and thereafter on the anniversary of that date;
where the licence under the 1957 Act was granted to the provider by the local authority on or after 1st April 2002 but before 1st April 2003, on the anniversary first occurring on or after 1st April 2004 of the date on which the licence was granted, and thereafter on the anniversary of that date;
whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(a) of the relevant order, on the anniversary first occurring on or after 1st April 2004 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date;
whose licence under the 1957 Act continued to be treated as valid after 31st December 2002 by virtue of article 4(1)(b) of the relevant order —
where the licence was granted to the provider by the local authority on or after 1st January 2001 but before 1st April 2001, on the anniversary first occurring on or after 1st April 2004 of the date on which the certificate was issued, and thereafter on the anniversary of that date;
where the licence was granted to the provider by the local authority on or after 1st April 2001 but before 1st January 2002, on the anniversary first occurring on or after 1st April 2004 of the date on which the fee payable in relation to the making of an application for a licence under the 1957 Act was last paid, and thereafter on the anniversary of that date; and
in the case of a new provider, on the date on which the certificate is issued, and thereafter on the anniversary of that date.
g
Boarding school and residential college
£360 £21.60 £10.80
a
in the case of a school or college which was providing accommodation for any child on 1st January 2002, on 1st September in each year;
b
in the case of a school or college established after 1st January 2002 and before 1st April 2004, on the anniversary of the date on which it was established;
c
otherwise, on the date of the establishment of the school or college, and thereafter on the anniversary of that date.
h
Residential special school
£576 £57.60 £28.80
a
in the case of a school which was providing accommodation for any child on 1st January 2002, on 1st September in each year;
b
in the case of a school established after 1st January 2002 and before 1st April 2004, on the anniversary of the date on which it was established;
c
otherwise, on the date of the establishment of the school, and thereafter on the anniversary of that date.
i
Local authority fostering service
£1,440 in the case of a local authority which was discharging relevant fostering functions on 1st January 2002, on 1st April in each year, and in all other cases, on the first occasion on which such functions are first discharged, and thereafter on the anniversary of that date.
2
In the case of a care home which is an adult placement home, or a care home which is a small establishment, the annual fee shall be £144.
3
In the case of an establishment which is a small establishment, other than a care home which is a small establishment, the annual fee shall be the flat rate specified in column (2).
4
In the case of an agency which is a small agency, the annual fee payable shall be 50 per cent. of the flat rate specified in column (2).
PART III
FREQUENCY OF INSPECTIONS
Frequency of inspections
6
1
Subject to paragraphs (2) to (5), the CSCI shall arrange for premises which are used as an establishment, or for the purposes of an agency, to be inspected —
a
in the case of a care home or children’s home, a minimum of twice in every 12 month period; and
b
in any other case, a minimum of once in every 12 month period.
2
Subject to paragraph (4), the CSCI shall arrange for premises which are used for the purposes of a local authority fostering service to be inspected once in every 12 month period.
3
In the case of an establishment or agency, carried on by a person other than an existing provider, which is a care home or a children’s home and in respect of which a person is registered for the first time —
a
between 1st April and 30th September in a 12 month period, only one inspection is to be carried out in that period;
b
between 1st October and 31st March in a 12 month period, no inspection shall be required in that period.
4
In the case of an establishment or agency, carried on by a person other than an existing provider or a home mentioned in paragraph (3), in respect of which a person is registered for the first time in a 12 month period, no inspection shall be required in that period.
5
Any inspection referred to in paragraphs (1) or (2) may be unannounced.
6
In this regulation “12 month period” means a period commencing on 1st April in any year and ending on 31st March in the following year.
Revocation
7
The National Care Standards Commission (Fees and Frequency of Inspections) Regulations 2003 are hereby revoked.
Signed by the authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
10th March 2004


text:
Citation, commencement and effect
1
This Order may be cited as the Overseas Life Assurance Fund (Amendment) Order 2004, shall come into force on 31st December 2004 and shall have effect in relation to designations of assets for the purposes of paragraph 3 of Schedule 19AA to the Income and Corporation Taxes Act 1988 on or after that date.
Amendment of Schedule 19AA to the Income and Corporation Taxes Act 1988
2
Schedule 19AA to the Income and Corporation Taxes Act 1988 (overseas life assurance fund) is amended as follows.
Amendment of paragraph 5
3
1
Amend paragraph 5 (order in which assets to be designated) as follows.
2
After sub-paragraph (5) insert —
5A
For the purposes of sub-paragraph (5)(a) above, in determining whether assets are linked solely to overseas life assurance business, assets linked to policies or contracts which, by virtue of regulation 18 or 19 of the Insurance Companies (Overseas Life Assurance Business) (Compliance) Regulations 1995 are to be treated as referring to basic life assurance and general annuity business, shall be treated as linked solely to overseas life assurance business.
.
3
In sub-paragraph (6A) at the end add “falling within sub-paragraph (5)(a) above”.
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment) (England) Regulations 2004 and shall come into force on 25th March 2004
2
The amendments made by these Regulations apply only in relation to local authorities in England.
Expenditure not required to be charged to a revenue account - expenditure in respect of liabilities for retirement benefits
2
In regulation 12B(2) of the Local Authorities (Capital Finance) Regulations 1997 —
a
at the end of sub-paragraph (e), the word “and” shall be omitted; and
b
after sub-paragraph (f), there shall be inserted —
g
section 31 of the London County Council (General Powers) Act 1921 (compensation to persons in Council’s service on abolition of office) ; and
h
the “principal civil service pension scheme” within the meaning of section 2(10) of the Superannuation Act 1972 (further provisions relating to superannuation schemes under section 1) and for the time being in force.
.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
25th February 2004


text:
Citation, commencement and extent of application
1
1
These Regulations may be cited as the Bus Service Operators Grant (England) (Amendment) Regulations 2004 and shall come into force on 23rd February 2004.
2
These Regulations apply to England only.
Amendment of principal Regulations
2
1
The Bus Service Operators Grant (England) Regulations 2002 (“the principal Regulations”) are amended as provided in regulations 3 and 4.
Amendment of interpretation provisions
3
In regulation 2 of the principal Regulations, after the definition of “domestic coach service”, there is inserted —
“fixed stopping place” and “flexible service” have the meanings respectively given in the Public Service Vehicles (Registration of Local Services) Regulations 1986 , as those Regulations apply in England;
.
Amendment of conditions for payment of grant
4
1
Regulation 3 of the principal Regulations (eligibility for grant) is amended as follows.
2
In paragraph (1)(b), the words from “which is provided” to “a time table) and” are omitted.
3
For paragraph (2)(b) there is substituted —
b
the stopping arrangements are such that —
i
all the fixed stopping places (whether marked or otherwise generally recognised) other than at the service termini are located where they are likely to be used with reasonable frequency by members of the general public, and
ii
in any section of the area of operation of the service where there are no fixed stopping places, the arrangements for determining when and where passengers may be taken up and set down are such that members of the general public may take advantage of them with reasonable frequency;
.
4
For paragraph (2)(c) there is substituted —
c
members of the general public are able to make a single journey between two stopping places (to the extent that such journeys are provided for in the registered particulars having regard to boarding and alighting restrictions) upon payment of a fare that is not a deliberate deterrent to their use of the service,
ca
in the case of a flexible service, the advance booking arrangements are such that they do not act as a deterrent to members of the general public wishing to make a single journey which is otherwise provided for in the particulars of registration;
.
5
In paragraph (2)(d), for “such members” there is substituted “members of the general public”.
6
For paragraph (3)(b) there is substituted —
b
the stopping arrangements are such that —
i
all the fixed stopping places (whether marked or otherwise generally recognised) are located where they are likely to be used with reasonable frequency by members of the general public, and
ii
in any section of the area of operation of the service where there are no fixed stopping places, the arrangements for determining when and where passengers may be taken up and set down are such that members of the general public may take advantage of them with reasonable frequency;
.
7
For paragraph (3)(c) there is substituted —
c
members of the general public are able to make a single journey between two stopping places (to the extent that such journeys are provided for in the registered particulars having regard to boarding and alighting restrictions) upon payment of a fare that is not a deliberate deterrent to their use of the service,
ca
in the case of a flexible service, the advance booking arrangements are such that they do not act as a deterrent to members of the general public wishing to make a single journey which is otherwise provided for in the particulars of registration;
.
8
In paragraph (3)(d), for “such members” there is substituted “members of the general public”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
19th January 2004


text:
Citation, commencement and application
1
This Order may be cited as the Education Act 1996 (Electronic Communications) Order 2004 and shall come into force on 1 st January 2005.
2
This Order applies to England and Wales.
Amendment of section 572 of the Education Act 1996
3
In section 572 of the Education Act 1996 (service of notices and other documents) at the end there is inserted –
2
But such a document may not be served or given in an electronic communication to a person as a parent unless —
a
the person consents in writing to the receipt of documents of the kind in question from the sender in an electronic communication sent to a specified number or address, and
b
the communication is sent to the number or address in question.
3
In subsection (2), “electronic communication” has the same meaning as in the Electronic Communications Act 2000.
David Miliband
Minister of State,
Department for Education and Skills
22nd September 2004


text:
1
This Order may be cited as the Criminal Justice and Court Services Act 2000 (Commencement No. 13) Order 2004.
2
1
The provisions of the Criminal Justice and Court Services Act 2000 listed in paragraph (2) shall come into force on 2 nd September 2004.
2
The provisions referred to in paragraph (1) are —
a
section 46 (exclusion orders);
b
section 52 (community sentences: electronic monitoring of requirements) to the extent that it is not already in force, save only in so far as it relates to exclusion requirements;
c
section 74 (amendments) in so far as it relates to the provisions referred to in sub-paragraph (d);
d
in Schedule 7 (minor and consequential amendments) —
i
paragraph 161 to the extent that it is not already in force;
ii
paragraph 196 to the extent that it is not already in force, except for —
aa
sub-paragraph (c)(iii); and
bb
the references to paragraph 8 of Schedule 2 to the Powers of Criminal Courts (Sentencing) Act 2000 ;
iii
in paragraph 197–
aa
in sub-paragraph (f), the entries referring to an exclusion order; and
bb
sub-paragraph (g) to the extent that it is not already in force;
iv
in paragraph 199, sub-paragraphs (2), (5) and (21)(a) to (e) to the extent that they are not already in force.
Fiona Mactaggart
Parliamentary Under Secretary of State
Home Office
23rd August 2004


text:
1
This Order may be cited as the European Communities (Immunities and Privileges of the European Police Office) (Amendment) Order 2004. It shall come into force on the date on which the Protocol amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the Privileges and Immunities of Europol, the members of its organs, the deputy directors and the employees of Europol signed at Brussels on 28th November 2002 enters into force in respect of the United Kingdom. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The European Communities (Immunities and Privileges of the European Police Office) Order 1997 is amended in Article 15 by substituting for the words “except in respect of civil liability in the case of damage arising from a road traffic accident caused by them” the following:
except:
1
in respect of civil liability in the case of damage arising from a road traffic accident caused by them; and
2
in relation to official acts required to be undertaken in fulfilment of the tasks set out in Article 3a of the Convention regarding the participation of Europol officials in joint investigation teams.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2004 and shall come into force on 1st March 2004.
Amendment of Motor Vehicles (Driving Licences) Regulations 1999
2
The Motor Vehicles (Driving Licences) Regulations 1999 are amended in accordance with regulation 3.
3
For Schedule 3 (licence fees) there shall be substituted the Schedule set out in the Schedule to these Regulations.
Signed by the authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
3rd February 2004
We approve the making of these Regulations
Jim Murphy
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
5th February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2004 and shall come into force on 12th August 2004, but shall have effect, where appropriate, from the dates specified in this Order.
2
In this Order —
“ the Act ” means the Superannuation Act 1972; and
“Local Commissioner for Wales” shall be construed in accordance with section 23 of the Local Government Act 1974
Employments
2
1
Section 1 of the Act shall apply to the following employments with effect from the dates specified below —
a
employment by the Standards Commission for Scotland, with effect from 17th January 2002;
b
employment by the Cairngorms National Park Authority, with effect from 1st April 2003;
c
employment by the Children’s Commissioner for Wales, with effect from 1st August 2003;
d
employment by the Commissioner for Children and Young People in Scotland, with effect from 26th April 2004;
e
employment by the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG), with effect from 1st April 2004;
f
employment by the Public-Private Partnership Agreement Arbiter, with effect from 2nd June 2003; and
g
employment by the Scottish Information Commissioner, with effect from 24th February 2003.
2
Accordingly, Schedule 1 to the Act is amended as follows —
a
there shall be inserted at the appropriate place in the list of “Royal Commissions and other Commissions”, the entry —
“Standards Commission for Scotland”; and
there shall be inserted at the appropriate places in the list of “Other Bodies”, the entries —
“Cairngorms National Park Authority”
“Employment by the Children’s Commissioner for Wales”
“Employment by the Commissioner for Children and Young People in Scotland”
“NHS Pensions Agency (Asiantaeth Pensiynau'r GIG)”
“Employment by the Public-Private Partnership Agreement Arbiter”
“Employment by the Scottish Information Commissioner”.
Offices
3
1
Section 1 of the Act shall apply to the following offices with effect from the dates specified below —
a
the Scottish Information Commissioner, with effect from 24th February 2003;
b
the Local Commissioner for Wales, with effect from 1st October 2003;
c
the Chairman of the Independent Police Complaints Commission, with effect from 1st February 2003;
d
the Deputy Chairman of the Independent Police Complaints Commission, with effect from 1st February 2003;
e
the Commissioners of the Independent Police Complaints Commission, with effect from 1st February 2003;
f
the Children’s Commissioner for Wales, with effect from 1st August 2003;
g
the Commissioner for Children and Young People in Scotland, with effect from 26th April 2004; and
h
the Chief Investigating Officer of the Standards Commission for Scotland, with effect from 17th January 2002.
2
Accordingly, Schedule 1 to the Act is amended by inserting at the appropriate places in the list of “Offices”, the entries —
“the Scottish Information Commissioner”
“the Local Commissioner for Wales”
“the Chairman of the Independent Police Complaints Commission”
“the Deputy Chairman of the Independent Police Complaints Commission”
“the Commissioners of the Independent Police Complaints Commission”
“the Children’s Commissioner for Wales”
“the Commissioner for Children and Young People in Scotland”
“the Chief Investigating Officer of the Standards Commission for Scotland”.
Removal from Schedule 1
4
With effect from 28th December 2003, the entry “the Broadcasting Standards Commission” is removed from the list of “Royal Commissions and other Commissions” in Schedule 1 to the Act.
Douglas Alexander
Minister for the Cabinet Office and Chancellor of the Duchy of Lancaster for the Minister for the Civil Service
22nd July 2004


text:
This Order may be cited as the General Medical Council (Fitness to Practise) Rules Order of Council 2004, and shall come into force on 1st November 2004.
A. K. Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the European Parliament (Representation) Act 2003 (Commencement No. 4) Order 2004.
Commencement of provisions in European Parliament (Representation) Act 2003
2
The following provisions of the European Parliament (Representation) Act 2003 shall come into force on 5 February 2004 —
a
in the United Kingdom and Gibraltar —
i
sections 20 and 21 for all remaining purposes; and
ii
section 19 except so far as it —
aa
was brought into force by the European Parliament (Representation) Act 2003 (Commencement No. 3) Order 2004 ; or
bb
relates to section 1A and 8 of, and Schedule 1A to, the European Parliamentary Elections Act 2002 ; and
b
in Gibraltar —
i
sections 1 and 8; and
ii
section 28(2) so far as it relates to the provisions brought into force by paragraph (a) and sub-paragraph (i) above.
Signed by authority of the Secretary of State for Constitutional Affairs
Chris Leslie
Parliamentary under Secretary of State
Department for Constitutional Affairs
4th February 2004