text:
Title, commencement and application
1
These Regulations —
a
may be cited as the Genetically Modified Food (England) Regulations 2004;
b
shall come into force on 4th October 2004; and
c
shall apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“food authority” does not include
the council of a district of a non-metropolitan county, except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and Middle Temple);
“Regulation 1829/2003” means Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed ;
“specified Community provision” means a provision of Regulation 1829/2003 specified in Column 1 and described in Column 2 of the Schedule to these Regulations.
2
In these Regulations —
a
any reference to a numbered article is a reference to the article so numbered in Regulation 1829/2003;
b
any reference to a numbered regulation is a reference to the regulation so numbered in these Regulations;
c
any reference to a Schedule is a reference to the Schedule to these Regulations.
3
Other expressions used in these Regulations and in Regulation 1829/2003 have the same meanings in these Regulations as in Regulation 1829/2003.
Submission of applications for authorisation to market products
3
The national competent authority for the purposes of Chapter II of Regulation 1829/2003 shall be the Food Standards Agency .
Enforcement
4
Each food authority shall, within its area, enforce and execute the provisions of these Regulations and Chapter II of Regulation 1829/2003.
Offences and Penalties
5
1
Any person who, after the date on which these Regulations come into force, contravenes or fails to comply with the specified Community provision referred to in Part I of the Schedule shall be guilty of an offence and liable —
a
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both.
2
Any person who, after the date on which these Regulations come into force, contravenes or fails to comply with any of the specified Community provisions referred to in Part II of the Schedule shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.
Application of various provisions of the Act
6
1
The following provisions of the Act shall apply for the purposes of these Regulations and Regulation 1829/2003 as they apply for the purposes of the Act —
a
section 3 (presumption that food is intended for human consumption);
b
section 20 (offences due to the fault of another person);
c
section 21 (defence of due diligence) as it applies for the purposes of sections 8, 14 or 15 of that Act;
d
section 22 (defence of publication in the course of business);
e
section 30(8) (which relates to documentary evidence);
f
section 33(1) (obstruction, etc. of officers);
g
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (f);
h
section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub–paragraph (f);
i
section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub–paragraph (g);
j
section 36 (offences by bodies corporate); and
k
section 44 (protection of officers acting in good faith).
2
Section 34 (time limit for prosecutions) shall apply to offences under regulation 5 as it applies to offences punishable under section 35(2) of the Act.
Inspection , detention and seizure of suspected food
7
1
Section 8(3) of the Act shall apply for the purposes of these Regulations as if it read as follows —
3
Where any food which fails to comply with a specified Community provision within the meaning of the Genetically Modified Food (England) Regulations 2004 is part of a batch, lot or consignment of food of the same class or description, it shall be presumed for the purposes of section 9 as applied by those Regulations until the contrary is proved, that all of the food in that batch, lot or consignment fails to comply with that specified Community provision.
2
Section 9 of the Act shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority may at all reasonable times inspect any food intended for human consumption which —
a
has been placed on the market; or
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing it on the market;
and subsections (2) to (9) below shall apply where it appears to the authorised officer, taking account of all the information available to him, that the placing on the market of any food fails to comply with a specified Community provision.
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption; and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace;
and any person who knowingly contravenes the requirements of a notice under paragraph (a) above shall be guilty of an offence.
3
Where the authorised officer exercises the powers conferred by subsection (2)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with the specified Community provisions and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 5 of the Genetically Modified Food (England) Regulations 2004 might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with a specified Community provision then subject to subsection (6) below he shall condemn the food and order —
a
that food to be destroyed or to be so disposed of as to prevent it from being used for human consumption or animal feed; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the operator.
6
In the case of a food referred to in Article 3.1 which is the subject of an authorisation granted under Regulation 1829/2003 and has been produced in accordance with any conditions relating to that authorisation but does not bear the appropriate labelling as required by Article 13 the justice of the peace may, at his discretion, order —
a
that the food be labelled properly as soon as is reasonably practicable and at the expense of the operator; and
b
the release of the food into the custody of the operator.
7
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it or to make an order for the proper labelling of the food, the food authority shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
8
Any disputed question as to the right to or the amount of any compensation payable under subsection (7) above shall be determined by arbitration.
9
In this section “specified Community provision” has the same meaning as in the Genetically Modified Food (England) Regulations 2004.
.
Revocation
8
The Genetically Modified and Novel Foods (Labelling) (England) Regulations 2000 are hereby revoked.
Consequential amendments
9
1
In the Novel Foods and Novel Food Ingredients Regulations 1997 —
a
in regulation 2(1), in the definition of “Regulation EC No. 258/97”, after the words “novel foods and novel food ingredients” there shall be inserted: “as amended by Regulation (EC) No. 1829/2003 of the European Parliament and of the Council on genetically modified food and feed”.
b
in the Schedule, after item 6, there shall be inserted in the first column: “6A. Article 8.1” and in the second column: “Requirement that labelling inform the final consumer of any characteristic or food property which renders a novel food or food ingredient no longer equivalent to an existing food or food ingredient.”.
2
In the Food (Provisions Relating to Labelling) (England) Regulations 2003 , regulation 8 is hereby revoked.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
1st September 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
1
This Order may be cited as the Broadcasting and Communications (Jersey) Order 2004 and shall come into force on 27th February 2004.
2
In respect of any provision of the 2003 Act that is extended to Jersey (whether with or without modifications) by this Order and that is to any extent brought into force in the United Kingdom on a date specified in the Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No. 2) Order 2003 (“the No. 2 Order”) —
a
any provision of the 2003 Act so extended, and any modification to that provision made by this Order, shall be of no effect in or in relation to Jersey in relation to any time before the date specified in the No. 2 Order as the date on which that provision is to come into force in the United Kingdom;
b
where any provision of the 2003 Act so extended is brought into force in the United Kingdom for certain purposes or to a certain extent, as specified in the No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in Jersey only for the purposes or to the extent so specified;
c
any provision of the 2003 Act so extended, and any such modification, shall have effect in Jersey subject to any transitional or transitory provision made in the No. 2 Order in relation to that provision.
Interpretation
2
In this Order —
“the 2003 Act” means the Communications Act 2003;
“ the Wireless Telegraphy Order ” means the Wireless Telegraphy (Jersey) Order 2003 ;
“the Broadcasting Order ” means the Broadcasting (Jersey) Order 2003 ;
“the Communications Order ” means the Communications (Jersey) Order 2003 ;
“Jersey” means the Bailiwick of Jersey; and
“the Channel Islands ” means the Bailiwicks of Jersey and Guernsey.
Revocations
3
Article 2 of the Wireless Telegraphy (Channel Islands) (Amendment Order) 1997 (which amended section 1 of the Wireless Telegraphy Act 1949, as inserted by paragraph 2 of the Schedule to, and as extended to the Channel Islands by, the Wireless Telegraphy (Channel Islands) Order 1952 ), as it applies to Jersey, is revoked.
Extension of the 2003 Act
4
Sections 363, 364, 365, 366 and 368 in Part 4 of the 2003 Act shall extend, with the modifications specified in Schedule 1 to this Order, to Jersey.
5
For the purpose of construing the provisions of the 2003 Act, as extended by this Order as part of the law of Jersey, any reference to an enactment which extends to Jersey shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in Jersey.
Amendment of the Broadcasting and Communications Orders
6
1
The Wireless Telegraphy Order is hereby amended in accordance with Part 1 of Schedule 2 to this Order.
2
The Broadcasting Order is hereby amended in accordance with Part 2 of Schedule 2 to this Order.
3
The Communications Order is hereby amended in accordance with Part 3 of Schedule 2 to this Order.
A.K.Galloway
Clerk to the Privy Council


text:
1
This Order may be cited as the A590 Trunk Road (Whitestone to Cartmel Lane) (Detrunking) Order 2004 and shall come into force on 17th December 2004.
2
In this Order —
i
“classified road” and a classification for a highway, means that the highway is not a principal road for the proposes of enactments or instruments which refer to highways classified as principal road but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii
“the new trunk roads” means the new highways which the Secretary of State proposes to construct referred to in article 2(2)(ii) of the A590 Trunk Road (High and Low Newton Bypass and Slip Roads) Order 2004;
iii
“the trunk road” means the Levens Bridge to Carlisle Trunk Road (A590).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a classified road from the date on which the Secretary of State notifies the County Council of Cumbria that the new trunk roads are open for traffic.
Signed by authority of the Secretary of State for Transport
Derek Drysdale
A Divisional Director for the Highways Agency
30th November 2004


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No.2) Regulations 2004 and shall come into force on 26th July 2004.
Amendment of the Motor Vehicles (Driving Licences) Regulations 1999
2
1
The Motor Vehicles (Driving Licences) Regulations 1999 are amended as follows.
2
In regulation 54(5) —
a
in the definition of “registered” for “Road Haulage and Distribution Training Council” substitute “Skills for Logistics Council”; and
b
for the definition of “the Training Scheme” substitute —
“the Training Scheme” means the Young Large Goods Vehicle ( LGV ) Driver Training Scheme which was established by Skills for Logistics and approved by the Secretary of State for the purpose of regulations under section 101(2) of the Traffic Act on 24 February 2004 for training young drivers of large goods vehicles.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
18th June 2004


text:
Citation and commencement
1
These Regulations may be cited as the Family Health Services Appeal Authority Amendment Regulations 2004 and shall come into force on 1st March 2004.
Amendment of Regulations
2
In regulation 7(1)(f) of the Family Health Services Appeal Authority Regulations 1995 (disqualification for appointment), after “a Special Health Authority” insert “(other than the NHSU or the NHS Professionals Special Health Authority)” .
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
8th January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Kingston Primary Care Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the Kingston Primary Care Trust;
“the relevant new Trust” means the South West London and St George’s Mental Health National Health Service Trust or the East Elmbridge and Mid Surrey Primary Care Trust as the context requires;
“the trust property” means the property specified in relation to each relevant new Trust in the schedule of trust property more specifically described in paragraph (2) or (3) of article 2 of this Order.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property and any rights and liabilities arising from that property shall be transferred to the relevant new Trust.
2
The trust property which shall be transferred to the South West London and St George’s Mental Health National Health Service Trust is the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the South West London and St George’s Mental Health National Health Service Trust, and signed on behalf of the old Trust on 17th September 2003 and on behalf of the South West London and St George’s Mental Health National Health Service Trust on 21st May 2003.
3
The trust property which shall be transferred to the East Elmbridge and Mid Surrey Primary Care Trust is the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the East Elmbridge and Mid Surrey Primary Care Trust, and signed on behalf of the old Trust on 9th December 2003 and on behalf of the East Elmbridge and Mid Surrey Primary Care Trust on 13th February 2004.
3
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the relevant new Trust or, as the case may be, the relevant new Trust.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
25th February 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Pharmaceutical Services) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations shall apply to England only .
3
The National Health Service (Pharmaceutical Services) Regulations 1992 (“the Principal Regulations”) are amended in accordance with the provisions of these Regulations.
Amendment of regulation 2
2
1
In regulation 2(1) (interpretation) —
a
for the definition of “appropriate non-proprietary name” substitute —
“appropriate non-proprietary name” means a non-proprietary name which is not mentioned in Schedule 1 to the Prescription of Drugs Regulations or, except where the conditions in paragraph 42(2) of Schedule 6 to the GMS Regulations are satisfied, in Schedule 2 to the Prescription of Drugs Regulations;
;
b
for the definition of “independent nurse prescriber” substitute —
“independent nurse prescriber” means a person —
who is registered in the Nursing and Midwifery Register, and
in respect of whom an annotation signifying that he is qualified to order drugs and appliances from —
the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff, or
the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff,
is also recorded in that register;
;
c
for the definition of “Local Medical Committee” substitute —
“Local Medical Committee” means a committee recognised under section 45A of the Act;
;
d
for the definition of “patient” substitute —
“patient” in relation to a GMS contract has the same meaning as in regulation 2 of the GMS Regulations (interpretation), in relation to a PMS agreement has the same meaning as in regulation 2 of the PMS Regulations (interpretation), and in relation to arrangements made under section 16CC of the Act means any person to whom the contractor has agreed or is required to provide services under those arrangements;
;
e
in the definition of “prescription form”, for the words “and issued by a doctor, dentist, supplementary prescriber or independent nurse prescriber” substitute the words “and issued by a prescriber or a dentist”;
f
for the definition of “Remission of Charges Regulations” substitute —
“ Remission of Charges Regulations ” means the National Health Services (Travel Expenses and Remission of Charges) Regulations 2003 ;
g
for the definition of “repeatable prescription” substitute —
“repeatable prescription” means a prescription contained in a form provided by a Primary Care Trust and issued by a repeatable prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 1 to the GMS Regulations, and which —
is generated by a computer but signed by a repeatable prescriber; and
indicates that the drugs or appliances ordered on that form may be provided more than once, and specifies the number of occasions on which they may be provided;
;
h
for the definition of “Scheduled drug” substitute —
“Scheduled drug” means a drug or other substance specified in Schedule 1 to the Prescription of Drugs Regulations, or except where the conditions in paragraph 42(2) of Schedule 6 to the GMS Regulations are satisfied, Schedule 2 to the Prescription of Drugs Regulations;
;
i
for the definition of “supplementary prescriber” substitute —
“supplementary prescriber” means a person —
whose name is registered in —
the Nursing and Midwifery Register,
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954 , or
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976 , and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs and appliances as a supplementary prescriber.
;
j
omit the following definitions —
“Community Health Council”,
“doctor’s list”,
“doctors' terms of service”,
“medical list”,
“Medical Regulations”,
“personal medical services”
“pilot scheme”, and
“pilot scheme provider”;
k
insert the following definitions at the appropriate place in alphabetical order —
“the 2003 Act ” means the Health and Social Care (Community Health and Standards) Act 2003 ;
,
“GMS contract” means a general medical services contract and “GMS contractor” shall be interpreted accordingly;
,
“the GMS Regulations” means the National Health Service (General Medical Services Contracts) Regulations 2004 ;
,
“medical performers list” means a list of doctors prepared and published pursuant to regulations 3(1) of the National Health Service (Performers Lists) Regulations 2004 ;
.
“Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001 ;
,
“patient list” means a list of a patients kept by a Primary Care Trust —
in respect of a GMS contractor , in accordance with paragraph 14 of Schedule 6 to the GMS Regulations, or
in respect of a PMS contractor, in accordance with paragraph 13 of Schedule 5 to the PMS Regulations;
;
“PMS agreement” means an agreement made under section 28C of the Act ;
,
“PMS contractor” means a party to a PMS agreement;
,
“the PMS Regulations” means the National Health Service (Personal Medical Services Agreements) Regulations 2004 ;
,
“Patients' Forum” means a body established under section 15(1) of the National Health Service Reform and Health Care Professions Act 2002 ,
“prescriber” means a doctor, an independent nurse prescriber or a supplementary prescriber;
,
“the Prescription of Drugs Regulations” means the National Health Service (General Medical Services Contracts)(Prescription of Drugs etc. ) Regulations 2004 ;
,
“relevant GMS contractor”, in relation to any doctor means the GMS contractor by whom the doctor is employed or engaged;
,
“relevant PMS contractor”, in relation to any doctor means the PMS contractor by whom the doctor is employed or engaged;
,
“relevant patient list” means, in relation to a doctor who is (or is a legal and beneficial shareholder in a company which is) a GMS contractor or a PMS contractor, the patient list for that contractor or, where he is not a contractor, means the patient list for the GMS contractor or PMS contractor by whom he is engaged or employed;
,
“relevant register” means —
in relation to a nurse, the Nursing and Midwifery Register, and
in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 (the registers and registration) or the register maintained in pursuance of articles 6 (the registers) and 9 (the registrar) of the Pharmacy (Northern Ireland) Order 1976;
;
“repeatable prescriber” means a prescriber who is —
a GMS contractor who provides repeatable prescribing services under the terms of its contract which give effect to paragraph 40 of Schedule 6 to the GMS Regulations;
a PMS contractor who provides repeatable prescribing services under the terms of its agreement which give effect to paragraph 39 of Schedule 5 to the PMS Regulations; or
employed or engaged by a GMS contractor who provides repeatable prescribing services under the terms of a contract which give effect to paragraph 40 of Schedule 6 to the GMS Regulations or by a PMS contractor who provides repeatable prescribing services under the terms of an agreement which give effect to paragraph 39 of Schedule 5 to the PMS Regulations;
.
2
For regulation 2(1B) substitute —
1B
In these Regulations —
a
the term “pharmaceutical services”, in relation to a doctor, means those services referred to in regulation 20; and
b
the term “dispensing services”, in relation to a doctor or to a GMS contractor or a PMS contractor means, any corresponding service provided, not as pharmaceutical services, but under the terms of a GMS contract which give effect to paragraphs 47 to 51 of Schedule 6 to the GMS Regulations or under the terms of a PMS agreement which give effect to paragraphs 45 to 51 of Schedule 5 to the PMS Regulations.
.
3
After regulation 2(4) add —
5
For as long as there are in existence —
a
contracts entered into under article 13 of the General Medical Services Transitional and Consequential Provisions Order 2004 (“default contracts”) in respect of such contracts any reference to a GMS contract shall be read as including a reference to a contract entered into under that article and any reference to a term of a GMS contract shall be read as including a reference to the equivalent term in the default contract;
b
transitional agreements as defined in article 1(4) of the General Medical Services and Personal Medical Services Transitional and Consequential Provisions Order 2004 , any reference in these Regulations to a PMS agreement shall be read as including a reference to any equivalent term in the transitional agreement.
.
Omission of regulation 2A
3
Regulation 2A is omitted.
Amendment of regulation 5
4
In regulation 5(1)(e) (notification of applications), for the words “Community Health Council” substitute the words “Patients' Forum”.
Amendment of regulation 6
5
For regulation 6(6) (determination of applications) substitute —
6
No person —
a
who provides or assists in providing pharmaceutical services under Part II of the Act; or
b
who holds a GMS contract, or is a legal and beneficial shareholder, director or company secretary of a company which holds a GMS contract, or is employed or engaged by a person who holds such a contract; or
c
who is a PMS contractor, or is a legal and beneficial shareholder, director or company secretary of a company which is a party to a PMS agreement, or is employed or engaged by a PMS contractor ; or
d
who provides primary medical services pursuant to arrangements made under section 16CC(2)(b) of the Act, or is a legal and beneficial shareholder, director or company secretary of a company which provides primary medical services pursuant to such arrangements, or is employed or engaged by such a provider; or
e
who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or a director, officer or employee of such a person, or who provides or assists in providing local pharmaceutical services under a pharmacy pilot scheme,
shall take part in any decision under this regulation.
.
Amendment of regulation 7
6
In regulation 7(1)(a)(vi) (notification of decisions) for the words “Community Health Council” substitute the words “Patients' Forum”.
Amendment of regulation 9
7
1
In regulation 9(5) (determination of controlled locality), for the word “doctor” substitute “provider of primary medical services under Part I of the Act”.
2
For regulation 9(6) substitute —
6
Where the Primary Care Trust determines that any area or part of an area is or is not rural in character, it shall consider whether the provision of primary medical services by any provider of primary medical services, or pharmaceutical services by any chemist, or local pharmaceutical services by any LPS chemist, is likely to be adversely affected in consequence of that determination.
.
3
For regulation 9(7) substitute —
7
Where the Primary Care Trust considers that the provision of primary medical services by any doctor, GMS contractor or PMS contractor, or pharmaceutical services by any chemist, or local pharmaceutical services by any LPS chemist is likely to be adversely affected in consequence of a determination under paragraph (4), it may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to his patients.
.
Amendment of regulation 11
8
1
In regulation 11(2)(a) (applications for inclusion in pharmaceutical lists in respect of controlled localities) —
i
for the words “one mile”, substitute “1.6 kilometres”, and
ii
after the words “pharmaceutical services” add “or for whom a GMS contractor or PMS contractor provides dispensing services”.
2
In regulation 11(3), for the words “one mile” substitute “1.6 kilometres”.
Amendment of regulation 12
9
1
For regulation 12(1)(c) (determination of applications in respect of controlled localities) substitute —
c
any person who is a provider of primary medical services within the area of the Primary Care Trust or whose name is included in the pharmaceutical list or dispensing doctor list of the Primary Care Trust, or who provides local pharmaceutical services under a pharmacy pilot scheme entered into by that Primary Care Trust, who, in its opinion, might be affected by the grant of the application;
.
2
For regulation 12(1)(d)(i) substitute —
i
in whose area a person provides primary medical services, who in the opinion of the Primary Care Trust might be so affected, or
ia
in whose pharmaceutical list or dispensing doctor list is included the name of a person who, in the opinion of the Primary Care Trust, might be so affected, or
.
3
In regulation 12(1)(e) for the words “Community Health Council” substitute the words “Patients' Forum”.
4
For regulation 12(2)(c) substitute —
c
any person who is a provider of primary medical services or whose name is included in the pharmaceutical list, or who provides local pharmaceutical services under a pharmacy pilot scheme entered into by that Primary Care Trust, who might, in its opinion, be affected by the grant of the application.
.
5
Regulation 12(2A) is omitted.
6
For regulation 12(10) substitute —
10
No person —
a
who provides or assists in providing pharmaceutical services under Part II of the Act; or
b
who is a GMS contractor, or is a legal and beneficial shareholder, director or company secretary of a company which is a GMS contractor, or is employed or engaged by a GMS contractor; or
c
who is a PMS contractor, or is a legal and beneficial shareholder, director or company secretary of a company which is a PMS contractor, or is employed or engaged by a PMS contractor; or
d
who provides primary medical services pursuant to arrangements made under section 16CC(2)(b) of the Act, or is a legal and beneficial shareholder, director or company secretary of a company which provides primary medical services pursuant to such arrangements, or is employed or engaged by such a provider; or
e
who is a party (other than a Primary Care Trust) to a pharmacy pilot scheme, or a director, officer or employee of such a person, or who provides or assists in providing local pharmaceutical services under a pharmacy pilot scheme,
shall take part in any decision under this regulation.
.
7
In regulation 12(13)(a), for the words “general medical services, personal medical services” substitute “primary medical services under Part I of the Act”.
8
In regulation 12(13)(b)(ii), for the words “one mile”, substitute “1.6 kilometres”.
9
In regulation 12(13)(c), for the words “general medical services, personal medical services” substitute “primary medical services”
10
In regulation 12(14), for the words “general medical services or personal medical services by any doctor” substitute “primary medical services by any provider of such services”.
11
For regulation 12(15) substitute —
15
Where the Primary Care Trust considers that the provision of primary medical services by any provider of such services or pharmaceutical services by any chemist or local pharmaceutical services by any LPS chemist is likely to be adversely affected in consequence of a grant under paragraph (14), it may impose conditions to postpone, for such period as it thinks fit, the making or termination of arrangements under regulation 20 for the provision by a doctor of pharmaceutical services to patients on the relevant patient list.
.
12
In regulation 12(17)(b)(ii), for the words “one mile” substitute “1.6 kilometres”.
Amendment of regulation 13
10
1
For regulation 13(2)(a)(ii) (appeals in connection with determination under regulation 12) substitute —
ii
any person who —
aa
provides primary medical services within the area of the Primary Care Trust, or any other Primary Care Trust to which a copy of the application was sent under regulation 12(1)(d),
bb
whose name is included in the pharmaceutical list or dispensing doctor list of the Primary Care Trust, or any other Primary Care Trust to which a copy of the application was sent under regulation 12(1)(d), or
.
2
Regulation 13(2)(a)(iii) is omitted.
3
In regulation 13(13)(b), for the words “his patients” substitute “patients on the relevant patient list”.
Amendment of regulation 16B
11
1
For regulation 16B(2) (repeat dispensing services) substitute —
2
The conditions referred to in paragraph (1)(a) are that the chemist —
a
is not a supplier of appliances only; and
b
is included in the pharmaceutical list of a Primary Care Trust specified in Schedule 3A.
.
2
For regulation 16B(4)(b) substitute —
b
at least ten days after the date on which the notification specified in paragraph (3) is given.
.
Omission of regulation 19
12
Regulation 19 (provision of pharmaceutical services for immediate treatment or personal administration) is omitted.
Amendment of regulation 20
13
For regulation 20 (arrangements for provision of pharmaceutical services by doctors) substitute —
20
1
Where a patient —
a
satisfies a Primary Care Trust that he would have serious difficulty in obtaining any necessary drugs or appliances from a pharmacy by reason of distance or inadequacy of means of communication; or
b
is resident in a controlled locality, at a distance of more than 1.6 kilometres from any pharmacy, and one of the conditions specified in paragraph (3) is satisfied in his case,
he may at any time request in writing a doctor who falls within paragraph (2) to provide him with pharmaceutical services.
2
A doctor falls within this paragraph if he is —
a
the GMS contractor or PMS contractor, or
b
engaged or employed by the GMS contractor or PMS contractor
on whose patient list the patient making the request is included.
3
The conditions referred to in paragraph (1)(b) are —
a
that —
i
there is in effect an outline consent granted to that doctor or to another doctor who is a party to the GMS contract or PMS agreement concerned, or is engaged or employed by the GMS contractor or PMS contractor concerned in respect of the area in which the patient resides; and
ii
any conditions imposed under regulation 12(15) or regulation 13(13)(b) in connection with that grant are such as to permit arrangements to be made under this regulation for the provision of pharmaceutical services by that doctor to the patient; or
b
immediately before these Regulations came into force arrangements or requirements were in effect under regulations revoked by these Regulations for that doctor or his partner or any previous doctor in his practice to provide drugs or appliances to patients, and the patient —
i
has not previously been included in a patient list,
ii
has changed his address from that last notified to the Primary Care Trust, or
iii
has not changed his address but, immediately before his acceptance as a patient by that doctor, was being provided with pharmaceutical services by a doctor pursuant to an arrangement or requirement under these Regulations.
4
If a doctor so requested by a patient under paragraph (1) —
a
applies to provide pharmaceutical services to the patient, and sends with his application the patient’s request in writing, the Primary Care Trust shall make arrangements with him for the provision of such services by him; or
b
does not so apply within 30 days, the Primary Care Trust may, subject to paragraph (6), require him to undertake such provision and shall give him notice in writing to that effect.
5
An arrangement made by a Primary Care Trust under paragraph (4)(a) shall —
a
have effect from the date of the patient’s request in writing; and
b
enable that doctor, any other doctor in his practice or any doctor who subsequently joins his practice to provide pharmaceutical services for the patient so long as the arrangement remains in effect.
6
A Primary Care Trust shall not under paragraph (4)(b) require a doctor to provide pharmaceutical services to a person on the relevant patient list for that doctor if that doctor satisfies the Primary Care Trust, or on appeal, the Secretary of State that —
a
he does not normally provide pharmaceutical services under this regulation; or
b
in the case of a person to whom paragraph (1)(b) applies, the person would not have serious difficulty, by reason of distance or inadequacy of means of communication, in obtaining drugs and appliances from a pharmacy.
7
A Primary Care Trust shall give a doctor reasonable notice —
a
that it requires him to provide pharmaceutical services to any person; or
b
subject to paragraph (8), that, where a person no longer satisfies the provisions of paragraph (1), the doctor shall discontinue the provision of pharmaceutical services to that person.
8
A notice under paragraph (7)(b) —
a
shall be subject to any postponement or termination of arrangements for the provision of pharmaceutical services to that person by that doctor made under regulation 12(15) or 13(13); and
b
shall not be given —
i
pending any appeal against a decision by a Primary Care Trust to postpone the making or termination of such arrangements, or
ii
where regulations 9(10) so requires.
9
Notwithstanding paragraph (4), where a drug or appliance is one for which a doctor is entitled to an additional payment if he provides it, he may, with the consent of the patient, instead of providing it himself, order it by issuing a prescription to the patient in accordance with paragraph 39 of Schedule 6 to the GMS Regulations.
10
Where under any provision of regulations revoked by, and not re-enacted in, these Regulations an arrangement or requirement for a doctor to provide drugs or appliances to a patient was in effect immediately before these Regulations came into force, that arrangement or requirement shall have effect as though made under this regulation notwithstanding that neither of the conditions specified in paragraph (3) is satisfied.
11
A doctor who provides pharmaceutical services to some or all of the patients on the relevant patients list in accordance with this regulation may provide any necessary pharmaceutical services to a person whom the relevant GMS or PMS contractor has accepted as a temporary resident under paragraph 16 of Schedule 6 to the GMS Regulations or under paragraph 15 of Schedule 5 to the PMS Regulations.
12
An appeal under paragraph (6) shall be made in writing within 30 days from the date on which notice of the decision was sent to the doctor and shall contain a concise statement of the grounds of appeal.
13
The Secretary of State shall, on receipt of any notice of appeal under this regulation, send a copy of that notice to the Primary Care Trust and the relevant GMS contractor or PMS contractor, and the Primary Care Trust and relevant GMS contractor and PMS contractor may, within 30 days from the date on which the Secretary of state sent a copy of the notice of appeal, make representations in writing to him.
14
The Secretary of State may determine an appeal pursuant to paragraph (6) in such manner as he thinks fit.
15
The Secretary of State shall, upon determination by him of an appeal under this regulation, give notice of his decision in writing, together with the reasons for it, to the appellant, to the Primary Care Trust and to the relevant GMS contractor or PMS contractor.
.
Amendment of regulation 21
14
In regulation 21(1) (outline consent) omit the words “Health Authority or” each time they occur.
Omission of regulation 21A
15
Regulation 21A (doctors who previously performed personal medical services) is omitted.
Amendment of regulation 21B
16
For regulation 21B (dispensing doctor lists) substitute —
21B
1
A Primary Care Trust shall prepare and publish a list, to be called the dispensing doctor list, of the names of those doctors authorised or required by the Primary Care Trust under regulation 20 to provide pharmaceutical services to their patients and who are actually doing so.
2
The dispensing doctor list shall indicate the address of the relevant GMS contractor or PMS contractor from whose premises any doctor whose name is included performs primary medical services.
Amendment of regulation 21C
17
For regulation 21C substitute —
21C
A Primary Care Trust shall remove the name of a doctor from its dispensing doctor list when —
a
the doctor has died; or
b
the doctor is no longer performing primary medical services within the area of the Primary Care Trust; or
c
more than 12 months have elapsed since the doctor last provided pharmaceutical services pursuant to the authorisation or requirement to provide such services given by the Primary Care Trust under regulation 20.
Amendment of regulation 24
18
In regulation 24(2)(b) (claims and overpayments) after the word “where” insert “, in the case of a chemist”.
Amendment of Part I(General) of Schedule 2
19
In paragraph 1(2) (interpretation) of Schedule 2 —
a
at the end of the definition of “associated batch issue” insert “and”, and for the definition of “batch issue” substitute —
“batch issue” means a form provided by a Primary Care Trust and issued by a prescriber at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services which is in the format specified in Part 2 of Schedule 1 to the GMS Regulations, and which —
is generated by a computer and not signed by a prescriber,
relates to a particular repeatable prescription and contains the same date as that prescription,
is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs or appliances ordered on the repeatable prescription may be provided, and
specifies a number denoting its place in the sequence referred to in paragraph (c).
b
omit the definition of “repeatable prescribing doctor”.
Amendment of Part II (terms of service for chemists) of Schedule 2
20
In Schedule 2 —
a
in paragraph 3 (provision of pharmaceutical services) —
i
for subparagraph (1) substitute —
1
Where any person presents on a prescription form —
a
an order for drugs, not being Scheduled drugs, or appliances, not being restricted availability appliances, signed by a prescriber; or
b
an order for a drug specified in Schedule 2 to the Prescription of Drugs Regulations, signed by, and endorsed on its face with the reference “SLS” by a prescriber; or
c
an order for a restricted availability appliance, signed by and endorsed on its face with the reference “SLS” by a prescriber; or
d
an order for listed drugs signed by a dentist or his deputy or assistant,
a chemist shall, with reasonable promptness, provide the drugs so ordered, and such of the appliances so ordered as he supplies in the normal course of his business.
,
ii
for subparagraph (1ZA)(a) substitute —
a
presents a repeatable prescription which contains —
i
an order for drugs, not being Scheduled drugs or controlled drugs within the meaning of the Misuse of Drugs Act 1971 , other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001 , signed by a repeatable prescriber,
ii
an order for a drug specified in Schedule 2 to the Prescription of Drugs Regulations, not being a controlled drug within the meaning of the Misuse of Drugs Act 1971, other than a drug which is for the time being specified in Schedule 4 or 5 to the Misuse of Drugs Regulations 2001, signed by and endorsed on its face with the reference “SLS” by a repeatable prescriber,
iii
an order for appliances, not being restricted availability appliances, signed by a repeatable prescriber, or
iv
an order for a restricted availability appliance, signed by, and endorsed on its face with the reference “SLS” by a repeatable prescriber,
and also presents and associated batch issue; or
,
iii
in subparagraph (1C) —
aa
in paragraph (a)(ii), for “regulation 3 of the Remission of Charges Regulations”, substitute “regulation 5 of the Remission of Charges Regulations”; and
bb
in the words following paragraph (a)(ii), for “regulation 4(2)(e), (f) or (q) of the Remission of Charges Regulations”, substitute “regulation 5(1)(e) or (2) of the Remission of Charges Regulations”,
iv
in subparagraph (4), for the words “a doctor, a dentist, a supplementary prescriber or an independent nurse prescriber” substitute “a prescriber or a dentist”,
v
in subparagraph (6), for the words “a doctor, dentist, supplementary prescriber or independent nurse prescriber” substitute “a prescriber or dentist”,
vi
in subparagraph (7), for the words “the doctor, dentist, supplementary prescriber or independent nurse prescriber” substitute “the prescriber or dentist”, and
vii
in subparagraph (9), for the words “doctor, supplementary prescriber or independent nurse prescriber” whenever they appear substitute “prescriber”;
b
in paragraph 3A —
i
in subparagraphs (4), (5) and (7), for the word “doctor” whenever it appears, substitute “prescriber”;
ii
in subparagraph (9) —
aa
in paragraph (c) for the words “repeatable prescribing doctor” substitute the words “repeatable prescriber”, and
bb
in the words following sub-paragraph (d) for the word “doctor” substitute the word “prescriber”; and
c
for paragraph 7(2), substitute —
2
Where a chemist supplies a container in response to an order for drugs signed by a prescriber, or supplies an oxygen container or oxygen equipment, other than equipment specified in the Drug Tariff as not returnable to the chemist, the container and equipment shall remain the property of the chemist.
.
Amendment of Part III (terms of service for doctors who provide pharmaceutical services) of Schedule 2
21
In Part III of Schedule 2 —
a
for paragraph 11 substitute —
11
Subject to paragraph 11A, where a doctor is authorised or required by a Primary Care Trust under regulation 20 to provide drugs or appliances to a patient —
a
he shall record an order for the provision of any drugs, or appliances which are needed for the treatment of the patient on a prescription form completed in accordance with the term of a contract which gives effect to paragraph 39(3) of Schedule 6 to the GMS Regulations or an equivalent provision applying in relation to that contract;
b
he shall provide those drugs or appliances in a suitable container;
c
he shall provide for the patient a drug specified in Schedule 2 to the Prescription of Drugs Regulations only where the conditions in paragraph 42(2) of Schedule 6 to the GMS Regulations are satisfied; and
d
he shall provide for the patient a restricted availability appliance only if the patient is a person, or it is for a purpose, specified in the Drug Tariff.
;
b
for paragraph 11A(2) substitute —
2
Where a patient presents an order on a prescription form for drugs or listed appliances signed by a prescriber, or an order for a restricted availability appliance signed by and endorsed on its face with the reference “SLS” by a prescriber, to a doctor who is authorised or required by regulation 20 to provide drugs or appliances to that patient, the doctor may provide to the patient such of the drugs or appliances so ordered as he supplies in the normal course of his practice.
;
c
in paragraph 11B —
i
in sub-paragraph (a)(ii), for “regulation 3 of the Remission of Charges Regulations”, substitute “regulation 5 of the Remission of Charges Regulations”; and
ii
in the words following sub-paragraph (a)(ii), for “regulation 4(2)(e), (f) or (q) of the Remission of Charges Regulations”, substitute “regulation 5(1)(e) or (2) of the Remission of Charges Regulations”;
d
for paragraphs 13 and 14 substitute —
13
1
The terms of a GMS contract giving effect to regulation 24 of, and Schedule 5 to the GMS Regulations (fees and charges) apply in respect of the provision of any drugs or appliances by a doctor as they apply in respect of prescriptions for drugs and appliances.
2
Where a doctor who is authorised or required by a Primary Care Trust under regulation 20 to provide drugs or appliances provides a drug or appliance under pharmaceutical services —
a
in accordance with this Part; and
b
had the drug or appliance been provided by a contractor providing dispensing services under a GMS contract, the contractor would have been entitled to a payment in respect of the drug or appliance by virtue of directions given by the Secretary of State under section 28T of the Act,
the Primary Care Trust shall credit him with the payment.
14
1
Where a doctor who is authorised or required by a Primary Care Trust under regulation 20 to provide drugs or appliances to a patient, or who otherwise provides pharmaceutical services —
a
is a GMS contractor, or is engaged or employed by a GMS contractor, the complaints procedure established in accordance with the terms of a GMS contract which give effect to paragraph 92 of Schedule 6 to the GMS Regulations, or
b
is a PMS contractor, or is engaged or employed by a PMS contractor, the complaints procedure established in accordance with the terms of a PMS agreement which give effect to paragraph 86 of Schedule 5 to the PMS Regulations,
shall apply in relation to any matter reasonably connected with his provision of pharmaceutical services as it applies as respects to services provided under that contract or agreement.
2
Accordingly, the term of the GMS contract which gives effect to paragraph 97 of Schedule 6 to the GMS Regulations or the equivalent provision in the PMS Regulations also applies in relation to complaints about such matters.
; and
e
paragraph 15 is omitted.
Amendments to Schedule 3A
22
For the entries in Schedule 3A (Primary Care Trusts specified for the purposes of repeat dispensing) substitute —
Amber Valley Primary Care Trust
Bath and North East Somerset Primary Care Trust
Bebington and West Wirral Primary Care Trust
Bedfordshire Heartlands Primary Care Trust
Birkenhead and Wallasey Primary Care Trust
Blackburn with Darwen Primary Care Trust
Blackwater Valley and Hart Primary Care Trust
Bradford South and West Primary Care Trust
Bristol North Primary Care Trust
Bristol South and West Primary Care Trust
Bromley Primary Care Trust
Burnley Pendle and Rossendale Primary Care Trust
Burntwood, Lichfield and Tamworth Primary Care Trust
Camden Primary Care Trust
Castle Point and Rochford Primary Care Trust
Central Cornwall Primary Care Trust
Charnwood and North West Leicestershire Primary Care Trust
Chelmsford Primary Care Trust
Cheltenham and Tewkesbury Primary Care Trust
Cheshire West Primary Care Trust
Cotswold and Vale Primary Care Trust
Coventry Primary Care Trust
Durham and Chester-le-Street Primary Care Trust
Durham Dales Primary Care Trust
East Devon Primary Care Trust
East Elmbridge and Mid Surrey Primary Care Trust
East Hampshire Primary Care Trust
East Leeds Primary Care Trust
East Yorkshire Primary Care Trust
Eastern Birmingham Primary Care Trust
Erewash Primary Care Trust
Exeter Primary Care Trust
Gateshead Primary Care Trust
Great Yarmouth Primary Care Trust
Harrow Primary Care Trust
Hartlepool Primary Care Trust
Herefordshire Primary Care Trust
Hounslow Primary Care Trust
Hyndburn and Ribble Valley Primary Care Trust
Ipswich Primary Care Trust
Leicester Primary Care Trust
Medway Primary Care Trust
Mendip Primary Care Trust
Mid Devon Primary Care Trust
Newbury and Community Primary Care Trust
Newcastle Primary Care Trust
New Forest Primary Care Trust
Newham Primary Care Trust
North Birmingham Primary Care Trust
North Hertfordshire and Stevenage Primary Care Trust
North Liverpool Primary Care Trust
North Peterborough Primary Care Trust
North Sheffield Primary Care Trust
Northamptonshire Heartlands Primary Care Trust
Northumberland Primary Care Trust
Norwich Primary Care Trust
Portsmouth City Primary Care Trust
Preston Primary Care Trust
Redditch and Bromsgrove Primary Care Trust
Sheffield West Primary Care Trust
Somerset Coast Primary Care Trust
South East Hertfordshire Primary Care Trust
South East Oxfordshire Primary Care Trust
South East Sheffield Primary Care Trust
South Gloucestershire Primary Care Trust
South Peterborough Primary Care Trust
South Warwickshire Primary Care Trust
South West Dorset Primary Care Trust
South West Oxfordshire Primary Care Trust
South Worcestershire Primary Care Trust
Southern Norfolk Primary Care Trust
Southwark Primary Care Trust
Stockport Primary Care Trust
Suffolk Coastal Primary Care Trust
Sunderland Teaching Primary Care Trust
Sutton and Merton Primary Care Trust
Taunton Deane Primary Care Trust
Torbay Primary Care Trust
Vale of Aylesbury Primary Care Trust
Wakefield West Primary Care Trust
Walsall Teaching Primary Care Trust
West Hull Primary Care Trust
West Lincolnshire Primary Care Trust
West of Cornwall Primary Care Trust
Western Sussex Primary Care Trust
Witham, Braintree and Halstead Primary Care Trust
Wolverhampton Primary Care Trust
Wycombe Primary Care Trust
Wyre Forest Primary Care Trust
Provisions to be revoked
23
The provisions set out in the Schedule are revoked to the extent specified.
Transitional provisions
24
1
Where, prior to 1st April 2004, actions have been taken
a
by or in relation to a Local Medical Committee, such actions shall be deemed to have been taken by or in relation to the Local Medical Committee which replaces it on 1st April 2004,
b
by or in relation to a Community Health Council, such actions shall be deemed to have been taken by or in relation to the Patients' Forum which replaces it.
2
Where an outline consent has been granted to a doctor prior to 1st April 2004 it shall be deemed to continue on and after that date.
3
Any arrangements made under regulation 20(3)(a) or (b) of the Principal Regulations as it had effect prior to the coming into force of these Regulations shall be treated as having been made under regulation 20(4) as inserted by these Regulations.
Rosie Winterton
Minister of State,
Department of Health
25th March 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bradford City Primary Care Trust (Change of Name) Order 2004 and shall come into force on 5th July 2004.
2
In this Order —
a
“ the Order ” means the Bradford City Primary Care Trust (Establishment) Order 2000 ;
b
“ the trust ” means the trust established by the Order.
Change of name of Primary Care Trust and transitional provision
2
1
The trust shall be called the Bradford City Teaching Primary Care Trust instead of the Bradford City Primary Care Trust, and accordingly in article 1 of the Order in the definition of “the trust”, and in article 2 of the Order, for “Bradford City” there shall be substituted “Bradford City Teaching”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
25th June 2004


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Social Security (Basic Skills Training Pilot) Regulations 2004 and shall come into force on 5th April 2004.
2
These Regulations shall cease to have effect on 4th April 2005 unless revoked with effect from an earlier date.
Interpretation
2
1
In these Regulations —
“appropriate office” means an office, by whatever name it is from time to time known, of the Department for Work and Pensions which is identified in the Schedule to these Regulations by reference to its region, pilot area and name as at the date these Regulations come into force;
“benefit” means a jobseeker’s allowance or any earnings credited to a person in accordance with regulation 8A of the Social Security (Credits) Regulations 1975 ;
“basic skills training” means a scheme provided in pursuance of arrangements made by the Secretary of State under section 2 of the Employment and Training Act 1973 for the attainment of appropriate literacy skills, language skills or numeracy skills (whether all or any of them) and which, in respect of any individual, is intended to last for a period not exceeding 12 months.
2
For the purpose of calculating the period of not less than six months referred to in regulation 3(2)(c) of these Regulations, a period of interruption to the receipt of benefit not exceeding 28 days, or any periods of such interruption which added together do not exceed a total of 28 days, shall be disregarded.
3
In respect of any period throughout which a member of a joint-claim couple is receiving a joint-claim jobseeker’s allowance, the other member of that couple shall, for the purposes of regulation 3(2)(c) of these Regulations, also be treated as receiving benefit throughout that period.
Application of basic skills training
3
1
In relation to a person to whom paragraph (2) applies, “training scheme” in sections 19 and 20A of the Jobseekers Act 1995 (circumstances in which a jobseeker’s allowance is not payable and denial or reduction of joint-claim jobseeker’s allowance) means, in addition to the training schemes listed in regulation 75 of the Jobseeker’s Allowance Regulations 1996 (interpretation), basic skills training.
2
This paragraph shall apply to any person —
a
who, on or after 5th April 2004, but before 4th April 2005, attends an appropriate office pursuant to a notification given or sent under regulation 23 or 23A of the Jobseeker’s Allowance Regulations 1996 (attendance and attendance by members of a joint-claim couple); and
b
who, on the day he so attends, is aged 18 years or over and less than 60; and
c
who has been receiving benefit for a period of not less than six months; and
d
in respect of whom the Secretary of State considers it appropriate that he should participate in basic skills training; and
e
who has been given or sent a notice in writing by an employment officer advising him that if he fails to participate in such training, his jobseeker’s allowance could cease to be payable or could be payable at a lower rate.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
23rd March 2004


text:
This Order may be cited as the Health Professions Council (Election Scheme) Rules Order of Council 2004 and shall come into force on 7th January 2005.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Local Authorities (Capital Finance and Accounting) (Amendment) (England) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply only in relation to local authorities in England .
3
In these Regulations, “the Principal Regulations” means the Local Authorities (Capital Finance and Accounting) (England) Regulations 2003 .
Interpretation
2
In regulation 1(5) of the Principal Regulations (citation, commencement, application and interpretation), after the definition of “housing land”, there shall be inserted —
“money market fund” means a collective investment scheme which —
in accordance with the Council Directive 85/611/EEC on the co-ordination of laws, regulations and administrative provisions relating to undertakings for collective investments in transferable securities, is an undertaking for collective investment in transferable securities subject to that Directive; and
is either a unit trust scheme authorised under section 243 of the Financial Services and Markets Act 2000 or a collective investment scheme recognised under section 264 of that Act;
“multilateral development bank” means an international financial institution having as one of its objects economic development, either generally or in any region of the world;
.
Pooling of receipts from disposals of housing land
3
In regulation 12 of the Principal Regulations (pooling of receipts from disposals of housing land) —
a
in sub-paragraph (c) of paragraph (3), for “30th June in the financial year immediately following the financial year in which the capital receipt was received” there shall be substituted “the balance payment date”;
b
for sub-paragraph (d) of paragraph (3), there shall be substituted —
d
if the balance is negative —
i
subject to paragraph (vi),the local authority may offset the amount it paid in excess of the specified amount, together with the amount of any interest it paid to the Secretary of State in respect of that excess, (“the excess amount”) against any further specified amount, estimated amount or amount of interest payable to the Secretary of State by the local authority under this regulation or regulation 13;
ii
where the local authority offsets the excess amount in accordance with paragraph (i), it shall notify the Secretary of State of this, and the amount of the offset, at the time it pays the further specified amount, estimated amount or interest as the case may be;
iii
where the local authority does not have, or will not have within the relevant 6 month period, any further specified amount, estimated amount or interest against which it can offset the excess amount, it may notify the Secretary of State in writing that it is unable to offset the excess amount;
iv
subject to paragraph (v), where the local authority does not have, or will not have within the relevant 3 month period, any further specified amount, estimated amount or interest against which it can offset the excess amount, and the local authority would, if it could not offset the excess amount within the relevant 3 month period, suffer severe financial problems, it may notify the Secretary of State in writing of the problems and request the Secretary of State to repay the excess amount to it;
v
where the local authority notifies the Secretary of State under paragraph (iv), it shall do so within the period of 14 days immediately following the balance payment date or within such longer period as is agreed by the Secretary of State;
vi
subject to paragraph (ix), where the local authority notifies the Secretary of State under paragraph (iii) or (iv), it may not offset the excess amount against any further specified amount, estimated amount or interest;
vii
as soon as reasonably practicable after the Secretary of State receives written notification from the local authority under paragraph (iii) or, if later, the statement under sub-paragraph (c), he shall repay the excess amount to the local authority;
viii
where the Secretary of State receives written notification from the local authority under paragraph (iv) within the period required by paragraph (v) and is satisfied that the local authority would suffer severe financial problems if he does not repay the excess amount to it, he shall repay the excess amount to the local authority as soon as reasonably practicable after he is so satisfied (whether or not he does so during or after the relevant 3 month period);
ix
where the Secretary of State receives written notification from the local authority under paragraph (iv) within the period required by paragraph (v) and is not satisfied that the local authority would suffer severe financial problems if he does not repay the excess amount to it, he shall notify the local authority, as soon as reasonably practicable, that he is not so satisfied and paragraph (vi) shall not apply.
; and
c
after paragraph (5), there shall be added —
6
In this regulation —
“balance payment date” means the last day of the calendar month immediately following —
31st March;
30th June;
30th September; or
31st December,
whichever of those is the earliest date following the due date;
“the relevant 6 month period” means the period beginning on the balance payment date and ending on the last day of the calendar month that is six months after the balance payment date; and
“the relevant 3 month period” means the period beginning on the balance payment date and ending on the last day of the calendar month that is three months after the balance payment date.
.
Interest on late payments
4
For regulation 13 of the Principal Regulations (interest on late payments), there shall be substituted —
Interest on late payments
13
1
The local authority shall use capital receipts, which it has derived from the disposal of housing land, to pay interest to the Secretary of State in accordance with the following provisions of this regulation.
2
Where the local authority —
a
does not calculate the estimated amount; and
b
does not pay part or all of the specified amount to the Secretary of State by the due date,
the local authority shall pay interest to the Secretary of State on the unpaid amount of the specified amount.
3
Where the local authority —
a
does calculate the estimated amount; and
b
does not pay part or all of the estimated amount to the Secretary of State by the due date,
the local authority shall pay interest to the Secretary of State on the unpaid amount of the estimated amount.
4
Where the local authority does not pay part or all of the amount of the balance, if any, to the Secretary of State by the balance payment date, the local authority shall pay interest to the Secretary of State on the unpaid amount of the balance.
5
The interest shall be calculated on any unpaid amount at a rate of one per cent. above base rate on a day to day basis compounded with three-monthly rests.
6
Where interest is payable by virtue of paragraph (2) or (3), the interest on the unpaid amount shall be calculated for the period starting on the day after the due date and ending on the date of payment of the unpaid amount.
7
Where interest is payable by virtue of paragraph (4), the interest on the unpaid amount shall be calculated for the period starting on the day after the balance payment date and ending on the date of payment of the unpaid amount.
8
The local authority shall pay to the Secretary of State any interest, payable in respect of any unpaid amount, on the date on which it pays the unpaid amount to him.
9
In this regulation —
“the balance”, “the balance payment date”, “the due date”, “the estimated amount” and “the specified amount” have the same meaning as those terms have in regulation 12;
“base rate” means the base rate for the time being quoted by the reference banks or, where there is for the time being more than one such base rate, the rate which, when the base rate quoted by each bank is ranked in descending sequence of seven, is fourth in the sequence; and
“reference banks” means the seven largest persons for the time being who —
have permission under Part IV of the Financial Services and Markets Act 2000 (permission to carry on regulated activities) to accept deposits;
are incorporated in the United Kingdom and carrying on there a regulated activity of accepting deposits; and
quote a base rate in sterling,
and for the purpose of this definition the size of a person at any time is to be determined by reference to the gross assets denominated in sterling of that person, together with any subsidiary (as defined in section 736 of the Companies Act 1985 (“subsidiary”, “holding company” and “wholly owned subsidiary”) ), as shown in the audited end-of-year accounts last published before that time.
.
Expenditure to be capital expenditure
5
1
In regulation 25 of the Principal Regulations (expenditure to be capital expenditure) —
a
in sub-paragraph (d) of paragraph (1) —
i
before “the acquisition of”, there shall be inserted “subject to paragraph (3),”; and
ii
the word “and” shall be omitted;
b
after sub-paragraph (e) of paragraph (1), there shall be added —
; and
f
the payment of any levy by a local authority under section 136 of the Leasehold Reform Housing and Urban Development Act 1993 (levy on disposals)
; and
c
after paragraph (2), there shall be added —
3
Where the expenditure referred to in paragraph (1)(d) is —
a
an investment in a money market fund; or
b
the acquisition of loan capital in —
i
a multilateral development bank; or
ii
a financial institution that is guaranteed by the United Kingdom Government,
It shall not be treated as being capital expenditure by virtue of this regulation.
.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
1st March 2004


text:
Citation and commencement
1
1
This Order may be cited as the District of Staffordshire Moorlands (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 2001 Order
2
1
The District of Staffordshire Moorlands (Electoral Changes) Order 2001 shall be amended as follows:
2
The entry for the area of the district ward of Manifold in column (2) of Schedule 1 shall be replaced by the words “The parishes of Butterton, Fawfieldhead, Grindon, Longnor, Onecote, Sheen, and Warslow and Elkstones”.
Sealed with the seal of the Electoral Commission on the 14th day of October 2004
Sam Younger
Chairman of the Commission
14th October 2004
Jacqui Dixon
Secretary to the Commission
14th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Single European Sky (National Supervisory Authority) Regulations 2004 and shall come into force on 31st August 2004.
National Supervisory Authority
2
The Civil Aviation Authority shall be the national supervisory authority for the purpose of performing the tasks assigned to such an authority under the measures listed in the Schedule to these Regulations.
3
Section 4 of the Civil Aviation Act 1982 (general objectives of the CAA ) shall not apply to the tasks to which regulation 2 applies; and instead, in undertaking such tasks it shall be the duty of the Civil Aviation Authority to exercise their powers in a manner that ensures compliance with article 4.2 of Regulation ( EC ) No 549/2004 of the European Parliament and of the Council laying down the framework for the creation of the single European Sky (the framework Regulation) .
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
22nd July 2004


text:
1
1
This Order may be cited as the A63 Trunk Road (Osgodby Bypass) Order 2004 and shall come into force on 10th February 2005.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/ TD /005, marked “The A63 Trunk Road (Osgodby Bypass) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
4
The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that —
a
where the highway is maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director Highways Agency
24th December 2004


text:
Citation
1
This Order may be cited as the Farnsfield St Michael’s Church of England Primary (Voluntary Aided) School (Designation as having a Religious Character) Order 2004 .
Designation of School
2
1
The Farnsfield St Michael’s Church of England Primary (Voluntary Aided) School, Branston Avenue, Farnsfield, Nottinghamshire, NG22 8JZ, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
18th October 2004


text:
Citation and commencement
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (England) Order 2004 and shall come into force on 26th May 2004.
2
Subject to paragraph (3) below, this Order shall not form part of the law of Scotland or Northern Ireland or apply in Wales.
3
Nothing in paragraph (2) above 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 in this Order which creates an offence.
Interpretation
2
1
In this Order —
“the Council Regulation” means Council Regulation ( EC ) No. 2287/2003 fixing for 2004 the fishing opportunities and associated conditions for fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required ;
“Council Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy ;
“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 ;
“relevant British fishing boat” means a fishing boat (other than a Scottish fishing boat or a Northern Ireland 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;
“relevant offence” means an offence under —
article 4, or
any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish 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 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 ;
“specified Community provision” means a provision of the Council Regulation specified in column 1 of Schedules 1, 2, or 3 to this Order as read with any qualifying words relating to that provision in that column; and
“third country fishing boat” means a fishing boat flying the flag of and registered in a state other than a Member State of the European Community.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Scottish zone;
ii
the Northern Ireland zone;
iii
the territorial sea adjacent to the Isle of Man;
iv
the territorial sea adjacent to the Bailiwick of Jersey; and
v
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 as extended to Guernsey;
b
any reference to a document includes —
i
any map, plan, graph or drawing;
ii
any photograph;
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Council Regulation 2847/93;
iv
any 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 therefrom; and
v
any 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 therefrom.
3
In this Order —
a
any reference to a Community instrument is a reference to that instrument as amended on the date this Order is made; and
b
any reference to an article shall, unless the context otherwise requires, be construed as a reference to an article of this Order.
4
For the purpose of the prohibition contained in point 1 of Annex III to the Council Regulation (which prohibits the landing of herring unsorted from the remainder of the catch at a harbour where adequate sampling programmes are not in place), a harbour in England shall not be regarded as having in place a system which is adequate for sampling a catch that includes unsorted herring unless, before the landing of the catch in question, —
a
the master of the fishing boat in question has applied to a British sea-fishery officer at the harbour in question for a decision as to the suitability of that harbour for landing the catch on that boat; and
b
the British sea-fishery officer has decided that the sampling systems at the harbour are adequate, having regard to the overall size and characteristics of the catch, for the purpose of monitoring effectively the landing of that catch, and has so notified the master.
Weighing procedures for herring, mackerel and horse mackerel
3
1
For the purposes of point 12.8 of Annex IV to the Council Regulation the controller, in relation to any buyer or holder of fish at a port, shall be a British sea-fishery officer, unless —
a
the buyer or holder is party to an arrangement made among buyers, holders or both using the port with a person or organisation to act as the controller; and
b
details of the arrangement and of the buyers, holders or both who are parties to it have been notified to the competent authority,
in which case the controller shall be that person or a British sea-fishery officer.
2
For the purposes of these Regulations, failure to weigh in the presence of the controller in circumstances where that point applies shall be treated as a contravention of that point.
Offences
4
1
Where there is, 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,
a contravention of, or failure to comply with, any specified Community provision in column 1 of Schedule 1 or column 1 of Schedule 2 to this Order, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Where there is a contravention of, or failure to comply with, any specified Community provision in column 1 of Schedule 2 to this Order which does not relate to fishing boats, each person responsible for the contravention shall be guilty of an offence.
3
Where there is, in respect of any third country fishing boat to which any specified Community provision in column 1 of Schedule 3 to this Order applies which is within relevant British fishery limits, a contravention of, or failure to comply with, that specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
5
1
A person found guilty of a relevant offence shall be liable —
a
on summary conviction to fine not exceeding the amount specified in column 3 of the Schedules to this Order in relation to the specified Community provision, the contravention of, or failure to comply with which, founded the offence; and
b
on conviction on indictment, to a fine.
2
A person found guilty of a relevant offence shall also be liable —
a
to the forfeiture of any net or other fishing gear in respect of which the offence was committed, or which was used in committing the offence, or which was used for catching any fish in respect of which the offence was committed; and
b
to the forfeiture of any fish in respect of which the offence was committed, or, on summary conviction only, to a fine not exceeding the value of any fish in respect of which the offence was committed.
Recovery of fines
6
1
Where a fine is imposed by a magistrates' court on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of a relevant offence or an offence under article 11, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order that boat and its gear and catch to be detained for a period not exceeding three months from the date of the 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 in England 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 a relevant offence an order under Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a petty sessions area in England this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
7
1
For the purpose of enforcing the provisions of article 4(1) or (3), or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below in relation to —
a
any relevant British fishing boat wherever it may be; and
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) above 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 that person’s custody or possession;
c
for the purpose of ascertaining whether a relevant offence 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 and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that a relevant offence 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 (e) 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 a relevant offence has at any time been committed in relation to a fishing boat, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its 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 the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be 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
8
1
For the purpose of enforcing the provisions of article 4 or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any British sea-fishery officer may in England —
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 such 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 such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in that person’s custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, 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 including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has a reason to suspect that a relevant offence 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) above shall also apply in relation to any land used in connection with any of the activities described in paragraph (1) above, and 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 in England 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 a relevant offence, 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
9
1
This article applies —
a
in England,
b
to any relevant British fishing boat wherever it may be, and
c
to any other 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 a relevant offence has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Protection of officers
10
An officer or a person assisting him by virtue of article 7(2) or 8(1)(b) or a warrant under article 8(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 6 to 8 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 officers
11
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 article 7, 8 or 9;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 7, 8 or 9 or intentionally obstructs any such officer in the exercise of any of those powers,
shall be 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
12
1
Where any relevant offence 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 relevant offence 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 relevant offence committed by an unincorporated association 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
13
1
Any —
a
logbook kept under Article 6, 17.2 or 28c;
b
declaration submitted under Article 8.1, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Article 9 or 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Council Regulation 2847/93 shall, in any proceedings in England for a relevant offence, be evidence of the matters stated therein.
2
For the purpose of paragraph (1) above, “required information” shall mean —
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 Council Regulation 2847/93.
Revocation
14
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2003 is revoked insofar as it relates to England.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
26th April 2004
Paul Murphy
Secretary of State for Northern Ireland
27th April 2004


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2004.
2
This Order shall come into force on 1 st January 2005.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage
1 st January 1986-31 st December 2004 97.4% 1 st January 1987-31 st December 2004 91.5% 1 st January 1988-31 st December 2004 83.8% 1 st January 1989-31 st December 2004 73.9% 1 st January 1990-31 st December 2004 61.6% 1 st January 1991-31 st December 2004 45.7% 1 st January 1992-31 st December 2004 40.0% 1 st January 1993-31 st December 2004 35.1% 1 st January 1994-31 st December 2004 32.7% 1 st January 1995-31 st December 2004 29.8% 1 st January 1996-31 st December 2004 25.0% 1 st January 1997-31 st December 2004 22.4% 1 st January 1998-31 st December 2004 18.1% 1 st January 1999-31 st December 2004 14.5% 1 st January 2000-31 st December 2004 13.2% 1 st January 2001-31 st December 2004 9.6% 1 st January 2002-31 st December 2004 7.8% 1 st January 2003-31 st December 2004 6.0% 1 st January 2004-31 st December 2004 3.1%
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
11th November 2004