text:
PART 1
GENERAL
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Insurance Mediation Directive (Miscellaneous Amendments) Regulations 2003 and come into force on 14th January 2005.
2
In these Regulations, “ the Act ” means the Financial Services and Markets Act 2000.
PART 2
PASSPORTING
Passport rights — definitions
2
1
In section 425(1) of the Act (expressions relating to authorisation elsewhere in the single market) , in paragraph (a), after ““insurance directives”,”, insert ““insurance mediation directive”,”.
2
In Schedule 3 to the Act ( EEA passport rights) —
a
in paragraph 1 (the single market directives) —
i
at the end of sub-paragraph (c), omit “and”; and
ii
at the end of sub-paragraph (d), insert —
; and
the insurance mediation directive.
;
b
after paragraph 4, insert —
The insurance mediation directive
4A
“The insurance mediation directive” means the European Parliament and Council Directive of 9th December 2002 on insurance mediation ( No. 2002/92/ EC ).
;
c
in paragraph 5 (EEA firm) —
i
for “head office”, substitute “relevant office”;
ii
at the end of sub-paragraph (c), omit “or”; and
iii
at the end of sub-paragraph (d), insert —
; or
an insurance intermediary (as defined in Article 2.5 of the insurance mediation directive), or a reinsurance intermediary (as defined in Article 2.6) which is registered with its home state regulator under Article 3.
;
d
after paragraph 5, insert —
5A
In paragraph 5, “relevant office” means —
a
in relation to a firm falling within sub-paragraph (e) of that paragraph which has a registered office, its registered office;
b
in relation to any other firm, its head office.
;
e
for paragraph 6 (EEA authorisation), substitute —
6
“EEA authorisation” means —
a
in relation to an EEA firm falling within paragraph 5(e), registration with its home state regulator under Article 3 of the insurance mediation directive;
b
in relation to any other EEA firm, authorisation granted to an EEA firm by its home state regulator for the purpose of the relevant single market directive.
;
f
in paragraph 7 (EEA right), for “head office”, substitute “relevant office”;
g
after paragraph 7, insert —
7A
In paragraph 7, “relevant office” means —
a
in relation to a person who has a registered office and whose entitlement is subject to the conditions of the insurance mediation directive, his registered office;
b
in relation to any other person, his head office.
;
h
in paragraph 10 ( UK firm), for “head office”, substitute “relevant office”; and
i
after paragraph 10, insert —
10A
In paragraph 10, “relevant office” means —
a
in relation to a firm whose EEA right derives from the insurance mediation directive and which has a registered office, its registered office;
b
in relation to any other firm, its head office.
.
Exercise of rights to establish a branch by EEA firms
3
1
Paragraph 13 of Schedule 3 to the Act (establishment conditions for EEA firms) is amended as follows.
2
At the beginning of sub-paragraph (1), insert “If the firm falls within paragraph 5(a), (b), (c) or (d),”.
3
After sub-paragraph (1), insert —
1A
If the firm falls within paragraph 5(e), the establishment conditions are that —
a
the firm has given its home state regulator notice of its intention to establish a branch in the United Kingdom;
b
the Authority has received notice (“a regulator’s notice”) from the firm’s home state regulator that the firm intends to establish a branch in the United Kingdom;
c
the firm’s home state regulator has informed the firm that the regulator’s notice has been sent to the Authority; and
d
one month has elapsed beginning with the date on which the firm’s home state regulator informed the firm that the regulator’s notice has been sent to the Authority.
.
4
In sub-paragraph (4), in the definition of “permitted activity”, after “consent notice”, insert “or regulator’s notice, as the case may be”.
Exercise of rights to provide services by EEA firms
4
1
Paragraph 14 of Schedule 3 to the Act (services conditions for EEA firms) is amended as follows.
2
In sub-paragraph (1) —
a
in sub-paragraph (b), for “paragraph 5(a) or (d)”, substitute “paragraph 5(a), (d) or (e)”;
b
at the end of sub-paragraph (b), omit “and”;
c
in sub-paragraph (c), for “paragraph 5(d)”, substitute “paragraph 5(d) or (e)”; and
d
at the end of sub-paragraph (c), insert —
; and
if the firm falls within paragraph 5(e), one month has elapsed beginning with the date on which the firm’s home state regulator informed the firm that the regulator’s notice has been sent to the Authority.
.
3
In sub-paragraph (2), after “it must”, insert “, unless the firm falls within paragraph 5(e),”.
Exercise of rights to establish a branch by UK firms
5
1
Paragraph 19 of Schedule 3 to the Act (exercise of passport rights by UK firms to establish a branch) is amended as follows.
2
At the beginning of sub-paragraph (1), insert “Subject to sub-paragraph (5A),”.
3
For sub-paragraph (5), substitute —
5
The third is —
a
if the EEA right in question derives from the insurance mediation directive, that one month has elapsed beginning with the date on which the firm received notice, in accordance with sub-paragraph (11), that the Authority has given a consent notice;
b
in any other case, that either —
i
the host state regulator has notified the firm (or, where the EEA right in question derives from any of the insurance directives, the Authority) of the applicable provisions; or
ii
two months have elapsed beginning with the date on which the Authority gave the consent notice.
.
4
After sub-paragraph (5), insert —
5A
If —
a
the EEA right in question derives from the insurance mediation directive, and
b
the EEA State in which the firm intends to establish a branch has not notified the Commission, in accordance with Article 6(2) of that directive, of its wish to be informed of the intention of any UK firm to establish a branch in its territory,
the second and third conditions do not apply (and so the firm may establish the branch to which its notice of intention relates as soon as the first condition is satisfied).
.
5
After sub-paragraph (7), insert —
7A
If —
a
the firm’s EEA right derives from the insurance mediation directive,
b
the first condition is satisfied, and
c
the second condition applies,
the Authority must give a consent notice, and must do so within one month beginning with the date on which it received the firm’s notice of intention.
.
Exercise of rights to provide services by UK firms
6
1
In paragraph 20 of Schedule 3 to the Act (exercise of passport rights by UK firms to provide services), after sub-paragraph (3A), insert —
3B
If the firm’s EEA right derives from the insurance mediation directive and the EEA State in which the firm intends to provide services has notified the Commission, in accordance with Article 6(2) of that directive, of its wish to be informed of the intention of any UK firm to provide services in its territory —
a
the Authority must, within one month of receiving the notice of intention, send a copy of it to the host state regulator;
b
the Authority, when it sends the copy in accordance with sub-paragraph (a), must give written notice to the firm concerned that it has done so; and
c
the firm concerned must not provide the services to which its notice of intention relates until one month, beginning with the date on which it receives the notice under sub-paragraph (b), has elapsed.
.
2
In paragraph 21 of that Schedule (offences relating to exercise of passport rights), in sub-paragraph (1)(b), for “sub-paragraph (1) or (4B)”, substitute “sub-paragraph (1), (3B)(c) or (4B)”.
Authority’s public record
7
After paragraph 24 of Schedule 3 to the Act, insert —
Information to be included in the public record
25
The Authority must include in the record that it maintains under section 347 in relation to any UK firm whose EEA right derives from the insurance mediation directive information as to each EEA State in which the UK firm, in accordance with such a right —
a
has established a branch; or
b
is providing services.
.
Amendments to the Passport Rights Regulations
8
1
The Financial Services and Markets Act 2000 (EEA Passport Rights) Regulations 2001 are amended as follows.
2
In regulation 1(2) (interpretation), after the definition of “insurance firm”, insert —
“insurance intermediary” means an EEA firm falling within paragraph 5(e) of Schedule 3;
.
3
In regulation 3 (provision of services: contents of regulator’s notice), after paragraph (3), insert —
4
In the case of an insurance intermediary, the prescribed information is that the firm intends to carry on insurance mediation or reinsurance mediation (in each case, within the meaning of the insurance mediation directive) by providing services in the United Kingdom.
.
4
In regulation 10 (applications for approval under section 60 by EEA firms), after “consent notice”, insert “or regulator’s notice”.
PART 3
PROFESSIONALS
Authority’s power to give directions in relation to the application of the general prohibition to members of a profession
9
In section 328 of the Act (directions in relation to the general prohibition) —
a
for subsection (6), substitute —
6
The Authority may exercise the power conferred by subsection (1) only if it is satisfied either —
a
that it is desirable to do so in order to protect the interests of clients; or
b
that it is necessary to do so in order to comply with a Community obligation imposed by the insurance mediation directive.
; and
b
in subsection (7), for “so satisfied”, substitute “satisfied of the matter specified in subsection (6)(a)”.
PART 4
INFORMATION
Disclosure of confidential information
10
In regulation 2 of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001(interpretation) , in the definition of “directive restrictions”, for “and article 107 of the listing particulars directive”, substitute “, article 107 of the listing particulars directive and article 9 of the insurance mediation directive”.
Philip Woolas
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
5th June 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) (No. 2) Regulations 2003 and shall come into force on 4th May 2003.
Revocation
2
Regulation 6 of the Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 is hereby revoked.
Amendment of the Social Security and Child Support (Miscellaneous Amendments) Regulations 2003
3
In regulation 1(1)(a) of the Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 for the words “4 and 5” there shall be substituted “and 4 to 6”.
4
After regulation 5 there shall be inserted —
Tax Credits
6
Nothing in these Regulations shall affect the application of the Claims and Payments Regulations and the Decisions and Appeals Regulations to working families' tax credit and disabled person’s tax credit.
.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
29th April 2003


text:
Citation
1
This Order may be cited as the Greater London Authority Act 1999 (Commencement No. 11) Order 2003.
Commencement of provisions
2
The following provisions of the Greater London Authority Act 1999 shall come into force on 15th July 2003 —
a
section 217;
b
section 220 (and accordingly Schedules 14 and 15) and sections 221 to 224;
c
section 245 so far as it is not already in force;
d
section 301;
e
section 303 so far as it is not already in force;
f
section 423 so far as it relates to the provisions of Schedule 34 brought into force by sub-paragraph (h) below;
g
Schedule 17 so far as it is not already in force; and
h
Part II of Schedule 34 except so far as it —
i
relates to Part II of the Transport Act 1985; or
ii
is already in force.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
11th July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the South Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the South Birmingham Mental Health National Health Service Trust ;
“the new Trust” means the Birmingham and Solihull Mental Health National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust and on behalf of the new Trust on 6th February 2003;
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation, commencement and extent
1
This Order may be cited as the Education (Recognised Bodies) (England) Order 2003 and shall come into force on 1st August 2003.
2
This Order extends to England only.
Revocation
3
The Education (Recognised Bodies) (England) Order 2000 is hereby revoked.
Recognised bodies
4
The bodies which are specified in the Schedule are hereby designated as bodies which appear to the Secretary of State to be recognised bodies.
Alan Johnson
Minister of State,
Department for Education and Skills
17th July 2003


text:
Citation and commencement
1
This Order may be cited as the Air Navigation (Amendment) Order 2003 and shall come into force on 22nd April 2003.
Amendment of the Air Navigation Order 2000
2
The Air Navigation Order 2000 shall be amended as follows.
Permits to fly
3
1
For article 8(2)(e) there shall be substituted:
an aircraft flying in accordance with a permit to fly issued by the CAA under article 9A of this Order or with a certificate of validation issued by the CAA under article 9B of this Order.
2
After article 9 there shall be inserted:
Issue renewal etc of permits to fly
9A
1
a
Subject to sub-paragraph (b) the CAA shall issue in respect of any aircraft a permit to fly if it is satisfied that the aircraft is fit to fly having regard to the airworthiness of the aircraft and the conditions to be attached to the permit.
b
The CAA shall refuse to issue a permit to fly in respect of an aircraft if it appears to the CAA that the aircraft is eligible for and ought to fly under and in accordance with a certificate of airworthiness.
2
a
Subject to sub-paragraph (c), an aircraft flying in accordance with a permit to fly pursuant to article 8(2)(e) shall not fly for the purpose of public transport or aerial work other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.
b
No person shall be carried during flights for the purpose of flying displays or demonstration flying, except the minimum flight crew unless the prior permission of the CAA has been obtained.
c
With the permission of the CAA, an aircraft flying in accordance with a permit to fly pursuant to article 8(2)(e) may fly for the purpose of aerial work which consists of the giving of instruction in flying or the conduct of flying tests, subject to the aircraft being owned or operated under arrangements entered into by a flying club of which the person giving the instruction or conducting the test and the person receiving the instruction or undergoing the test are both members.
3
The CAA may issue the permit to fly subject to such conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.
4
Subject to this article and article 81 of this Order, a permit to fly issued under this article shall remain in force for such periods as may be specified therein and may be renewed from time to time by the CAA for such further period as it thinks fit.
5
A permit to fly issued in respect of an aircraft shall cease to be in force:
a
if any conditions associated with the permit are not complied with;
b
until the completion of any inspection, modification or maintenance of the aircraft or any of its equipment, required for ascertaining whether the aircraft remains airworthy and:
i
classified as mandatory by the CAA; or
ii
required as a condition of the permit to fly;
c
if the aircraft, engines or propellers, or such of its equipment as is necessary for the airworthiness of the aircraft, are modified or repaired; unless the repair, or modification has been approved by the CAA or by a person approved by the CAA for the purpose;
d
unless the permit includes a current certificate of validity issued by the CAA or by a person approved by the CAA for the purpose.
6
A placard shall be affixed to any aircraft flying in accordance with a permit to fly in full view of the occupants which shall be worded as follows:
Occupant Warning
This aircraft has not been certificated to an International Requirement
7
An aircraft flying in accordance with a permit to fly shall only be flown by day and in accordance with the Visual Flight Rules unless the prior permission of the CAA has been obtained.
8
Nothing in this Order shall oblige the CAA to accept an application for the issue, variation or renewal of a permit to fly when the application is not supported by such reports from such approved persons as the CAA may specify (either generally or in a particular case or class of cases).
9
A permission granted for the purpose of paragraphs (2)(b), (2)(c) or (7) and an approval granted for the purpose of paragraph (5)(c) or (5)(d) shall be in writing and may be granted subject to such conditions as the CAA thinks fit.
Issue etc of certificates of validation of permits to fly or equivalent documents
9B
1
The CAA shall issue in respect of any aircraft registered elsewhere than the United Kingdom a certificate of validation if it is satisfied that there is in respect of the aircraft a permit to fly or equivalent document issued or validated by the competent authority of the country in which the aircraft is registered which applies standards which are substantially equivalent to those required for the issue of a permit to fly by the CAA.
2
An aircraft flying in accordance with a certificate of validation pursuant to article 8(2)(e) shall not fly for the purpose of public transport or aerial work other than aerial work which consists of flights for the purpose of flying displays, associated practice, test and positioning flights or the exhibition or demonstration of the aircraft.
3
The CAA may issue a certificate of validation subject to such other conditions relating to the airworthiness, operation or maintenance of the aircraft as it thinks fit.
4
Subject to this article and article 81 of this Order, a certificate of validation issued under this article shall remain in force for such periods as may be specified therein and may be renewed from time to time by the CAA for such further period as it thinks fit.
.
Self-sustaining gliders
4
1
After Article 54 there shall be inserted:
Operation of self-sustaining gliders
54A
A self-sustaining glider shall not take-off under its own power.
.
2
In Article 129 after the definition of “General lighthouse authority” there shall be inserted:
‘Glider’ means:
a non-power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight; and
a self-sustaining glider;
and a reference in this Order to a glider shall include a reference to a self-sustaining glider;
.
3
In Article 129 after the definition of “Self-launching motor glider” there shall be inserted:
‘Self-sustaining glider’ means an aircraft with the characteristics of a non-power-driven glider which is fitted with one or more power units capable of sustaining the aircraft in flight but which is not designed or intended to take off under its own power;
.
Carriage of secondary surveillance radar equipment with a pressure altitude reporting transponder
5
1
In Schedule 5, paragraph 2 after sub-paragraph (1)(c) in the column headed “Aircraft and circumstances of flight” there shall be inserted “(d) when flying for the purpose of public transport on and after 1st January 2004” and adjacent thereto in the column headed “Scale of equipment required” there shall be inserted “E*”.
2
In Schedule 5, paragraph 2 after sub-paragraph (4)(a) in the column headed “Aircraft and circumstances of flight” there shall be inserted “(aa) when flying for the purpose of public transport on and after 1st January 2004” and adjacent thereto in the column headed “Scale of equipment required” there shall be inserted “E*”.
3
In Schedule 5 paragraph 3 for “ Scale E Secondary surveillance radar equipment” there shall be substituted
Scale E
Secondary surveillance radar equipment which includes a pressure altitude reporting transponder capable of operating in Mode A and Mode C and of being operated in accordance with such instructions as may be given to the aircraft by the air traffic control unit.
.
4
In Schedule 5, paragraph 4 after sub-paragraph (5) there shall be inserted:
6
“Mode A” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for identity and surveillance with identity provided in the form of a 4 digit identity code;
7
“Mode C” means replying to an interrogation from secondary surveillance radar units on the surface to elicit transponder replies for automatic pressure-altitude transmission and surveillance.
.
Drafting change
6
In Schedule 8 Part A Section 3 in the Privileges and conditions of the National Private Pilot’s Licence (Aeroplanes) in paragraph (2)(d) the words “on a flight outside controlled airspace” shall be omitted.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Visual Recording of Interviews) (Certain Police Areas) (Revocation) Order 2003 and shall come into force on 1st November 2003.
Revocations
2
The Police and Criminal Evidence Act 1984 (Visual Recording of Interviews) (Certain Police Areas) Order 2002 and the Police and Criminal Evidence Act 1984 (Visual Recording of Interviews) (Certain Police Areas) ( No. 2) Order 2002 are hereby revoked.
Hazel Blears
Minister of State
Home Office
25th September 2003


text:
Title, extent and commencement
1
1
These Regulations may be cited as the Welfare of Animals (Slaughter or Killing) (Amendment) (England) Regulations 2003 and apply to England only.
2
Regulation 2(3) and regulation 2(1) (to the extent that it applies to regulation 2(3)) come into force on 6th January 2005.
3
The remainder of these Regulations come into force on 6th January 2004.
Amendment of the Welfare of Animals (Slaughter or Killing) Regulations 1995
2
1
The Welfare of Animals (Slaughter or Killing) Regulations 1995 are amended in accordance with the remaining paragraphs of this regulation.
2
In Schedule 1 (the licensing of slaughtermen), the following is added after sub-paragraph 9(2) —
3
Any person whose licence has been suspended or revoked under sub-paragraph (1) above shall, whether or not that suspension or revocation is the subject of an appeal pursuant to paragraph 11 below, surrender it to the Agency within 14 days of receipt of a notice informing him of the suspension or revocation.
.
3
In Schedule 4 (restraint of animals before stunning, slaughter or killing), the following is substituted for sub-paragraph 6(2)(c) —
c
no bird is suspended for more than 3 minutes in the case of a turkey or 2 minutes in other cases before being stunned or killed.
.
4
In Schedule 6 (bleeding or pithing of animals), sub-paragraphs 2(3) and 2(4) are deleted.
5
In Schedule 9 (slaughter or killing methods for the purpose of disease control), the following is added after subparagraph 2(f) —
g
for birds, a pneumatic or cartridge operated percussive device producing immediate death, provided that nothing more is done to a bird before it has been ascertained that the bird is dead.
.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
13th December 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Criminal Justice (Sentencing) (Licence Conditions) Order 2003 and shall come into force on 26th January 2004.
2
In this Order —
“ the Act ” means the Criminal Justice Act 2003;
“a social services authority” means a local authority for the purposes of section 1 of the Local Authority Social Services Act 1970 .
Standard conditions of licence
2
1
The conditions set out in paragraph (2) are the standard conditions prescribed for the purpose of section 250 of the Act.
2
The prisoner must —
a
keep in touch with the responsible officer in accordance with instructions;
b
receive visits from the responsible officer in accordance with instructions;
c
permanently reside at an address approved by the responsible officer, and obtain the prior permission of the responsible officer for any stay of one or more nights at a different address;
d
undertake work (including voluntary work) only with the approval of the responsible officer, and obtain his prior approval in relation to any change in the nature of that work;
e
not travel outside the United Kingdom without the prior permission of the responsible officer;
f
be of good behaviour, and not behave in a way which undermines the purposes of the release on licence, which are to protect the public, prevent re-offending and promote successful re-integration into the community;
g
not commit any offence.
Other conditions of licence: prisoners serving a sentence of imprisonment of less than 12 months
3
1
The conditions set out in paragraph (2) are the other conditions that may be included in a licence for the purposes of section 250(2)(b)(ii) of the Act.
2
The prisoner must —
a
attend appointments arranged with a named psychiatrist, psychologist or medical practitioner, and co-operate fully with any recommended care or treatment;
b
not take work (including voluntary work) or participate in any organised activity which will involve a person below an age specified by the responsible officer;
c
not spend one or more nights in the same household as any person below an age specified by the responsible officer;
d
not seek to approach or communicate with any person specified by the responsible officer without the prior permission of —
i
the responsible officer; and
ii
where the specified person is under the age of 18, a social services authority specified by the responsible officer;
e
not enter a place (including an area) specified by the responsible officer except with the prior permission of the responsible officer;
f
remain at a specified place for periods specified by the responsible officer.
Other conditions of licence: prisoners serving a sentence of imprisonment of 12 months or more
4
1
The conditions that may be included in a licence for the purposes of section 250(4)(b)(ii) of the Act are those specified in article 3(2), together with the condition specified in paragraph (2) of this article.
2
The prisoner must comply with any instructions given by the responsible officer in relation to participation by the offender in an activity or set of activities designed to promote the prevention of re-offending and the successful re-integration of the prisoner into the community.
Fiona Mactaggart
Parliamentary Under-Secretary of State
Home Office
20th December 2003


text:
Citation, commencement and transitional
1
1
These Regulations may be cited as the Electricity (Applications for Licences and Extensions and Restrictions of Licences) (Amendment) Regulations 2003 and shall come into force on 11th April 2003.
2
In relation to any application made before the date on which these Regulations come into force the Electricity (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2001 (“the principal Regulations”) shall continue to apply in their unamended form.
Amendments to the principal Regulations
2
Regulation 8 of the principal Regulations (Notice of applications) shall be replaced by a new Regulation as follows:
Notice of applications
8
1
The period prescribed for the purpose of section 6A(3) of the Act (notice of applications) is ten working days (“the prescribed period”).
2
The applicant shall take all reasonable steps to ensure that notice of application is published within the prescribed period either on
i
the website address of the Authority (at “ www.ofgem.gov.uk ” or such other website address as may be notified to the applicant by the Authority in writing), or
ii
together with a link from that website address to the website address of the applicant, on the website address of the applicant.
3
In the event that it is not practicable to publish notice of application as specified in paragraph 2 above, the Authority may specify by notice in writing an alternative means of publication.
4
Where an application is for the restriction of a licence, the applicant shall also ensure that notice of application is published within the prescribed period in such newspapers as are calculated to ensure that the notice is circulated throughout the area to which the proposed restriction relates.
3
Schedule 1 to the principal Regulations shall be amended by the addition of the following paragraph:
CRIMINAL OFFENCES
4
Give particulars of any criminal convictions (other than for offences under the Road Traffic Offenders Act 1988 or convictions in respect of which the person has become rehabilitated under the Rehabilitation of Offenders Act 1974 of the applicant or any person specified in paragraph 2(2)(c), 2(2)(d), 2(3) or 2(4).
.
4
Schedule 2 to the principal Regulations shall be deleted save that such deletion shall not affect any condition in a licence having effect under the Act which refers to the provisions of the Schedule.
5
1
In Schedule 3 Part I delete paragraph 2.
2
In Schedule 3 Part II delete paragraphs 2, 3, 4, 5 and 6.
3
In Schedule 3 Part III
a
delete paragraphs 3, 4, 5, 6, 7, 8 and 9(a)(ii) and (iii);
b
after paragraph 2 insert
3
Provide particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 6 (Safety and Security of Supplies Enquiry Service), 8 (Provisions Relating to the Connection of Metering Equipment), 17 (Provision of Services for Persons who are of Pensionable Age, Disabled or Chronically Sick), 18 (Provision of Services for Persons who are Blind or Deaf), 19 (Code of Practice on Procedures with Respect to Site Access); and 21 (Complaint Handling Procedure).
.
4
In Schedule 3 Part IV
a
delete paragraphs 2, 3, 4, 5 and 6(a)(ii) and (iii);
b
after paragraph 1 insert
Supply to domestic premises
2
Provide particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard conditions 7 (Duty to Offer Terms for Meter Provision), 24 (Code of Practice on Procedures with Respect to Site Access), 25 (Efficient Use of Electricity), 35 (Code of Practice on Payment of Bills and Guidance for Dealing with Customers in Difficulty), 37 (Provision of Services for Persons who are of Pensionable Age or Disabled or Chronically Sick), 38 (Provision of Services for Persons who are Blind or Deaf), and 43 (Contractual Terms — Methods of Payment).
c
after paragraph 2 insert
Supply to non-domestic premises
3
Provide particulars of the applicant’s proposed arrangements for compliance with the applicable requirements of standard condition 7 (Duty to Offer Terms for Meter Provision).
.
6
Schedule 4 (application fees) shall be replaced by the following:
SCHEDULE 4
APPLICATION FEES
Regulation 7
COLUMN 1 COLUMN 2 Description of application Fee payable, £
Generation
1
Application for licence
450 Transmission
2
Application for licence
450 Distribution
3
Application for licence to distribute electricity within a specified area
1,250
4
Application for extension or restriction
125 Supply
5
Application for licence (not including authorisation to supply electricity to domestic premises)
450
6
Application for licence including authorisation to supply electricity to domestic premises
1,150
7
Application for extension of a licence so as to include authorisation to supply electricity to domestic premises
1,000
8
Application for any other extension or restriction
400
The seal of the Gas and Electricity Markets Authority here affixed is authenticated by the signature of
J. S. Neilson
A member of the Authority
13th March 2003


text:
Citation and Commencement
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) (Amendment) Regulations 2003 and shall come into force on 5th October 2003.
Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003
2
In regulation 5(3) of the Housing Benefit and Council Tax Benefit (State Pension Credit and Miscellaneous Amendments) Regulations 2003 , in inserted paragraph (7C), for the words from “paragraph 4 of Schedule 7” to the end of that paragraph, substitute “section 9 or 10 of the 1998 Act or on an appeal under section 12 of that Act.”.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th September 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Bath and North East Somerset Primary Care Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Bath and North East Somerset Primary Care Trust ;
“the new Trust” means the Taunton and Somerset National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 2nd December 2002 and on behalf of the new Trust on 15th November 2002.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Canada) Order 2003.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule, which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Canada) Order 1980 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Canada) ( No. 2) Order 1980 , as amended by the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (Canada) Order 1985 , have been made with the Government of Canada with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Canada;
b
that those arrangements include provisions with respect to the exchange of information necessary for carrying out the domestic laws of the United Kingdom and the laws of Canada concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
1
The Fees appearing in Schedule to this Order are established. The Tables of the Schedule contain particulars of the Annual Fees which are to be received, after the commencement of this Order, by the legal officers named in Table I of the Schedule (hereinafter referred to as “Table I”) in respect of the carrying out by them of the duties of their offices specified in the Appendix hereto (hereinafter referred to as “the Appendix”) and by the legal officers named in Table II of the Schedule in respect of the carrying out by them of the duties of their offices.
2
The Fees established and set out in the second column of Table I of the Schedule are to be paid by the diocesan board of finance. The Fees established and set out in the third column of Table I and in Table II of the Schedule are the liability of the diocesan bishop or archbishop, subject to the provisions of section 8 of the Ecclesiastical Fees Measure 1986.
3
The Legal Officers (Annual Fees) Order 2002 is hereby revoked.
4
The diocesan registrar shall perform the duties and provide the professional services set forth in the Appendix in consideration of the annual fee set out in Table I to this Order for his diocese and shall not be entitled to receive any other remuneration for such duties or services save as provided by this Order.
5
1
Subject to the provisions of this paragraph nothing in this Order shall preclude a diocesan board of finance from agreeing to pay an additional fee to a diocesan registrar by way of annual fee or retainer (hereinafter called a “supplementary annual fee”) which is in addition to the annual fee payable under Table I.
2
An agreement made under sub-paragraph (a) above shall be expressed to be an agreement for a payment by way of supplementary annual fee.
3
An agreement made under sub-paragraph (a) above shall be in writing. The period for which the agreement is to run shall be stated in the agreement. In the absence of any such statement the agreement shall remain binding until determined by not less than three months' notice on either side.
4
The body responsible for paying a supplementary annual fee shall be the diocesan board of finance.
6
A fee specified in the Schedule to this Order shall be increased by a sum for reasonable expenses of travel, subsistence and accommodation.
7
Where Value Added Tax is chargeable in respect of the provision of any service for which a fee is prescribed in this Order (including any fee specified in paragraph 4 of the Appendix) there shall be payable in addition to that fee the amount of the Value Added Tax.
8
This Order may be cited as the Legal Officers (Annual Fees) Order 2003 and shall come into operation on the first day of January 2004.
Dated this third day of June 2003
J Laws
G F Tattersall
H M Morgan
M G S Farrell
A Whittam Smith
T E Allen
David Williams
Clerk to the Synod
Approved by the General Synod the 12th day of July 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Local Government Pension Scheme (Amendment) Regulations 2003.
2
These Regulations shall come into force on 1st October 2003, but regulation 2 shall have effect from 8th December 2002.
3
In these Regulations, “the principal Regulations ” means the Local Government Pension Scheme Regulations 1997 .
4
These Regulations extend only to England and Wales .
Paternity and adoption
2
The principal Regulations shall be amended in accordance with the Schedule to these Regulations.
Councillor members
3
In paragraph 4 of Schedule 8 to the principal Regulations, in paragraph (6) of the substituted regulation 13 (meaning of “pay”), for the words “the coming into force of these Regulations” substitute the date “1st May 2003”.
Signed by the authority of the Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
1st September 2003


text:
1
This Order may be cited as the Public Airport Companies (Capital Finance) (Amendment) Order 2003 and shall come into force on 1st May 2003.
2
In Schedule 1 to the Public Airport Companies (Capital Finance) Order 1996 the entry for London Luton Airport Limited shall be omitted.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
6th April 2003


text:
Citation and commencement
1
This Order may be cited as the Health Service Commissioner for England (Health Protection Agency (Yr Asiantaeth Diogelu Iechyd)) Order 2003 and shall come into force on 9th July 2003.
Designation as body subject to investigation
2
The Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) is hereby designated as a Special Health Authority to which section 2 of the Health Service Commissioners Act 1993 (health service bodies subject to investigation by the Health Service Commissioner) applies.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Health and Social Care Act 2001 (Isles of Scilly) (No. 2) Order 2003 and shall come into force on 8th April 2003.
Application of the Health and Social Care Act 2001 to the Isles of Scilly
2
1
The provisions of the Health and Social Care Act 2001 specified in paragraph (2) shall extend to the Isles of Scilly with the modification that, in the application of those provisions to those Isles, any reference to a local authority is to be construed as a reference to the Council of the Isles of Scilly.
2
The provisions referred to in paragraph (1) are —
a
the provisions of Part 4 except sections 50 to 53;
b
Schedule 5, Part 2, and, in so far as it relates to that Part, section 67(1); and
c
Schedule 6, Part 3, and, in so far as it relates to that Part, section 67(2).
Signed by authority of the Secretary of State
Jacqui Smith
Minister of State,
Department of Health
17th March 2003


text:
1
This Order may be cited as the European Convention on Extradition (Amendment No. 2) Order 2003 and shall come into force on 19th August 2003.
2
1
The European Convention on Extradition Order 2001 shall be amended as follows.
2
In article 2(2) (which provides that certain states shall be treated as foreign states for the purposes of the procedures under Part III of the Extradition Act 1989) —
a
remove “and Malta”; and
b
after “Cyprus” insert “, Malta and South Africa”.
3
In Part I of Schedule 3 (which names the States parties to the Convention), at the appropriate point in alphabetical order, the following entry is inserted —
“South Africa”.
4
In Schedule 4 (which sets out the reservations and declarations made by States parties to the Convention), the following Part shall be inserted after Part 33 —
PART 33A
SOUTH AFRICA
RESERVATIONS
Article 2
For the purposes of Article 2 of the Convention, the Republic of South Africa shall not extradite any person unless the punishment awarded for a conviction in respect of which he or she is being sought, is a sentence of imprisonment of at least six months.
DECLARATION
Article 6
For the purposes of Article 6 of the Convention, the term “nationals” is defined, in terms of South Africa’s legal system, as persons who have acquired South African citizenship by means of birth, descent or naturalisation. This includes persons with citizenship of South Africa and of another country. These persons will all be liable to be extradited. South Africa’s acceptance of dual citizenship will therefore not bar the extradition of a person where he or she is also in possession of a citizenship of a country which prohibits the extradition of its nationals.
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (General Medical Services etc.) (Patients' Forums) Amendment Regulations 2003 and shall come into force on 1st December 2003.
2
These Regulations apply to England only.
Amendment of the General Medical Services Regulations
2
In Schedule 2 to the National Health Service (General Medical Services) Regulations (terms of service for doctors), at the end of paragraph 51 (incorporation of provisions of regulations etc.), there shall be added —
and
c
so much of regulation 3 of the Patients' Forums (Functions) Regulations 2003 as relate to the entry and inspection of premises either owned or controlled by the doctor or where general medical services are provided.
.
Amendment of the General Dental Services Regulations
3
In Schedule 1 to the National Health Service (General Dental Services) Regulations 1992 (terms of service for dentists), at the end of paragraph 2 (incorporation of provisions of regulations), there shall be added —
and
d
so much of regulation 3 of the Patients' Forums (Functions) Regulations 2003 as relate to the entry and inspection of premises either owned or controlled by the dentist or where general dental services are provided.
.
Amendment of the General Ophthalmic Services Regulations
4
In Schedule 1 to the National Health Service (General Ophthalmic Services) Regulations 1986 (terms of service), at the end of paragraph 2 (incorporation of provisions), there shall be added —
and
e
so much of regulation 3 of the Patients' Forums (Functions) Regulations 2003 as relate to the entry and inspection of premises either owned or controlled by the contractor or where general opthalmic services are provided.
.
Amendment of the Pharmaceutical Regulations
5
In Schedule 2 to the National Health Service (Pharmaceutical Services) Regulations 1992 , at the end of paragraph 2 (incorporation of provisions), there shall be added —
and
d
so much of regulation 3 of the Patients' Forums (Functions) Regulations 2003 as relate to the entry and inspection of premises either owned or controlled by the chemist or doctor or where pharmaceutical services are provided.
.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
10th November 2003


text:
1
This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment) Order 2003 and shall come into force on 24th June 2003.
2
For Schedule 1 to the Immigration (Passenger Transit Visa) Order 2003 there shall be substituted the Schedule to this Order.
Beverley Hughes
Minister of State
Home Office
18th June 2003


text:
Citation, interpretation and application
1
1
This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 3) Order 2003.
2
In this Order —
a
“ the Act ” means the Adoption and Children Act 2002;
b
“the Adoption Act ” means the Adoption Act 1976 ;
c
“the Care Standards Act ” means the Care Standards Act 2000 .
3
This Order applies to England and article 2(1)(c), (3) and (5) applies to Wales also.
Appointed days
2
1
25th February 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
section 16 of the Act in so far as it inserts section 36A(1) to (4) into the Care Standards Act (distribution of functions in relation to registered adoption societies) and in so far as it relates to the functions conferred under Part II of the Care Standards Act and under the Adoption Act;
b
for the purposes of sub-paragraph (a), paragraphs 105 and 106 of Schedule 3 to the Act, paragraph 103 of that Schedule in so far as it relates to those paragraphs, and section 139(1) of the Act (amendments to the Care Standards Act 2000 ) in so far as it relates to those paragraphs;
c
paragraph 4(2) of Schedule 4 to, and section 139(2) of, the Act (regulation of adoption agencies) in so far as it relates to that paragraph.
2
10th March 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
for the purposes of making regulations, paragraph 3 of Schedule 4 to the Act (adoption support services) and section 139(2) of the Act in so far as it relates to that paragraph;
b
for the purposes of sub-paragraph (a), sections 2(6), (7) and (8) (basic definitions) and 4(6) and (7) (except paragraph (a) of subsection (7)) of the Act (assessments etc. for adoption support services).
3
1st April 2003 is the appointed day for the coming into force of, for the purposes of making regulations, paragraph 12 of Schedule 4 to the Act (restrictions on bringing children into the United Kingdom), except in so far as it inserts subsections (9) and (10) into section 56A of the Adoption Act, and section 139(2) of the Act in so far as it relates to that paragraph.
4
30th April 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
section 16 of the Act in so far as it relates to the functions conferred under Part II of the Care Standards Act and under the Adoption Act and is not already in force;
b
paragraphs 105 and 106 of Schedule 3 to the Act in so far as those paragraphs are not already in force, and paragraph 103 of that Schedule and section 139(1) of the Act in so far as they relate to those paragraphs;
c
paragraph 110 of Schedule 3 to the Act, and paragraph 103 of that Schedule and section 139(1) of the Act in so far as they relate to that paragraph and in so far as that paragraph relates to the Adoption Act;
d
section 139(1) of the Act in so far it relates to paragraph 103 of Schedule 3 to the Act in so far as that paragraph is brought into force under this paragraph.
5
1st June 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
section 87(1)(b) and (4) of the Act (overseas adoptions);
b
section 135 of the Act (adoption and fostering: criminal records);
c
Schedule 4 —
i
paragraphs 10, 11(a), 12 (foreign adoptions) except in so far as it inserts subsections (9) and (10) into section 56A of the Adoption Act and in so far as paragraph 12 is not already in force;
ii
paragraph 13 (interpretation);
iii
paragraph 14 (advertising), and
section 139(2) of the Act in so far as it relates to the paragraphs specified in heads (i) to (iii).
6
6th October 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
paragraph 3 of Schedule 4 to the Act in so far as that paragraph is not already in force, and section 139(2) of the Act in so far as it relates to that paragraph;
b
for the purposes of sub-paragraph (a), sections 2(6), (7) and (8) and 4(6) and (7) (except paragraph (a) of subsection (7)) of the Act in so far as those provisions are not already in force.
Signed by authority of The Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
22nd February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Categorisation of Earners) Amendment Regulations 2003, and shall come into force on 6th April 2003.
Interpretation
2
In these Regulations “the principal Regulations ” means the Social Security (Categorisation of Earners) Regulations 1978 , and a reference to a numbered Schedule is a reference to the Schedule to the principal Regulations bearing that number.
Amendment of Schedule 1
3
In paragraph 5A of Schedule 1 (entertainers treated as employed earners) for the entry in Column (B) substitute —
5A
Any person in employment described in paragraph 5A in column (A) whose remuneration in respect of that employment does not include any payment by way of salary.
For the purposes of this paragraph “salary” means payments —
a
made for services rendered;
b
paid under a contract for services;
c
where there is more than one payment, payable at a specific period or interval; and
d
computed by reference to the amount of time for which work has been performed.
.
Amendment of Schedule 3
4
In paragraph 10 of Schedule 3 (person treated as the secondary contributor in respect of the employment) for the entry in Column (B) substitute —
10
The producer of the entertainment in respect of which the payments of salary are made to the person mentioned in paragraph 5A of Column (B) of Schedule 1.
.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th March 2003
The Secretary of State hereby concurs
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
13th March 2003


text:
This Order may be cited as the Health Professions Council (Functions of Assessors) Rules Order of Council 2003 and shall come into force on 9th July 2003.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Nomination) (Amendment) (No. 2) Order 2003 and shall come into force on 4th November 2003.
Interpretation
2
In this Order “the Nomination Order ” means the Channel Tunnel Rail Link (Nomination) Order 1999 .
Amendment of nominated undertaker appointment
3
In article 3(2) and (3) of the Nomination Order, for “Union Railways (South) Limited” there shall be substituted “CTRL ( UK ) Limited”.
Revocations and supplementary, incidental and consequential provisions
4
There shall be substituted for article 4(7) of the Nomination Order the following:
7
In this article “the relevant transferee” means —
a
Union Railways (North) Limited in relation to any purpose or matter connected with or relating to the northern works; and
b
on or before 4th November 2003, Union Railways (South) Limited in relation to any purpose or matter connected with or relating to the southern works or the shared works, or both.
.
5
After article 4(7) of the Nomination Order there shall be inserted the following:
5
1
On the relevant date there shall transfer to the relevant transferee all rights conferred by the Act, and all liabilities, duties and obligations imposed by or arising under the Act, which, immediately before that date, were the rights, liabilities, duties or obligations of Union Railways (South) Limited so far as concerns any purpose or matter connected with or relating to the shared works or (as the case may be) the southern works.
2
All legal and other proceedings pending on the relevant date may be amended in such manner as may be necessary or proper in consequence of paragraph (1), and any cause of action or proceeding pending or existing on that day by or against Union Railways (South) Limited may be continued, prosecuted or enforced by or against the relevant transferee.
3
Where, before the relevant date —
a
any notice or other document has been given by or to Union Railways (South) Limited under the Act in connection with or in relation to the shared works or (as the case may be) the southern works, or
b
any request for consent or approval has been made (whether or not it has been determined) or other thing done by Union Railways (South) Limited under the Act in connection with or relating to those works,
it shall have effect as if given by or to, made or done by or determined in respect of the relevant transferee.
4
Nothing in paragraphs (1) to (3) shall have the effect, as between Union Railways (North) Limited, Union Railways (South) Limited and CTRL (UK) Limited, of overriding any agreement made between them (whether before or after the relevant date) concerning the apportionment between any of them of responsibility for liabilities or the exercise of rights which transfer under paragraph (1), including any agreement as to the making of payments or the indemnification of one by another.
5
In this article “the relevant transferee” means CTRL (UK) Limited in relation to any purpose or matter connected with or relating to the shared works or the southern works, or both.
6
In this article “the relevant date” means 4th November 2003.
.
Signed by Authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
3rd November 2003


text:
1
This Order may be cited as the A638 Trunk Road (South of Doncaster) (Detrunking) Order 200 and shall come into force on 1 June 2003.
2
In this Order —
i
“the plan” means the plan numbered HA10/YHNMD 7 and marked “The A638 Trunk Road (South of Doncaster) (Detrunking) Order 2003”, signed by authority of the Secretary of State for the Department for Transport and deposited at the Department for Transport, Records Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-on-Sea, East Sussex TN37 7GA;
ii
“principal road” as a classification for a highway means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A638 Trunk Road.
3
The length of the Trunk Road described in the Schedule to this Order shall cease to be trunk road and shall be classified as a principle road from the date on which this Order comes into force.
Signed by the authority of the Secretary of State for the Department for Transport
K. A. Lasbury
Divisional Director, Highways Agency
13 March 2003


text:
Citation, commencement and amendment
1
1
These Regulations may be cited as the Tonnage Tax (Training Requirement) (Amendment) Regulations 2003 and shall come into force on 1st October 2003.
2
The Tonnage Tax (Training Requirement) Regulations 2000 (“the 2000 Regulations ”) shall be amended as set out in the following regulations.
Application
2
1
Regulations 4 and 5 apply for the purpose of calculating the payments in lieu of training in respect of a relevant four month period falling on or after 1st October 2003.
2
In paragraph (1), “relevant four month period” means a period of four months commencing 1st October, 1st February or 1st June.
Minimum training obligation
3
For regulation 4(7) of the 2000 Regulations there shall be substituted:
7
The number referred to in paragraph (6) is the total number of eligible officer trainees who, in a previous year when the company was a tonnage tax company —
a
started a relevant course which continues in the year in question; but this shall not include any eligible officer trainee who started a relevant course more than two years before the year in question, or
b
would have started a relevant course which would have continued in the year in question, if the company had provided the first year of training for the minimum number of eligible officer trainees for whom such training was required under paragraph (1); and for these purposes such a course shall be deemed to continue for three years.
Payments in lieu of training
4
In regulation 15(1)(b) of the 2000 Regulations, for “£573” there shall be substituted “£591”.
Higher rate of payment in case of failure to meet training requirement
5
In regulation 21(4) of the 2000 Regulations, for “£522” there shall be substituted “£538”.
Signed by authority of the Secretary of State
Kim Howells
Minister of State,
Department for Transport
8th September 2003


text:
Citation, commencement, extent and interpretation
1
1
These Regulations may be cited as the Disability Discrimination Act 1995 (Pensions) Regulations 2003.
2
These Regulations shall come into force on 1st December 2003 so far as enabling anything to be done for the purposes of preparing and bringing into force on or after 1st October 2004 a code of practice under section 53A of the 1995 Act concerning any provision of that Act as it will have effect on or after that date by virtue of these Regulations.
3
Except as provided by paragraph (2), these Regulations shall come into force on 1st October 2004.
4
These Regulations shall not extend to Northern Ireland.
5
In these Regulations —
“the 1995 Act” means the Disability Discrimination Act 1995 ; and
“the Amendment Regulations ” means the Disability Discrimination Act 1995 (Amendment) Regulations 2003 .
Amendment of the 1995 Act
2
The amendments to the 1995 Act set out in regulations 3 and 4 shall have effect.
Occupational pension schemes
3
After section 4F (office-holders: supplementary) (as inserted by regulation 5 of the Amendment Regulations), insert the following sections —
Occupational pension schemes
Occupational pension schemes: non-discrimination rule
4G
1
Every occupational pension scheme shall be taken to include a provision (“the non- discrimination rule”) containing the following requirements —
a
a requirement that the trustees or managers of the scheme refrain from discriminating against a relevant disabled person in carrying out any of their functions in relation to the scheme (including in particular their functions relating to the admission of members to the scheme and the treatment of members of the scheme);
b
a requirement that the trustees or managers of the scheme do not subject a relevant disabled person to harassment in relation to the scheme.
2
The other provisions of the scheme are to have effect subject to the non- discrimination rule.
3
It is unlawful for the trustees or managers of an occupational pension scheme —
a
to discriminate against a relevant disabled person contrary to requirement (a) of the non-discrimination rule; or
b
to subject a relevant disabled person to harassment contrary to requirement (b) of the non-discrimination rule.
4
The non-discrimination rule does not apply in relation to rights accrued, or benefits payable, in respect of periods of service prior to the coming into force of this section (but it does apply to communications with members or prospective members of the scheme in relation to such rights or benefits).
5
The trustees or managers of an occupational pension scheme may, if —
a
they do not (apart from this subsection) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or
b
they have such power but the procedure for doing so —
i
is liable to be unduly complex or protracted, or
ii
involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty,
by resolution make such alterations to the scheme.
6
The alterations referred to in subsection (5) may have effect in relation to a period before the alterations are made (but may not have effect in relation to a period before the coming into force of this section).
Occupational pension schemes: duty to make adjustments
4H
1
Where —
a
a provision, criterion or practice (including a scheme rule) applied by or onbehalf of the trustees or managers of an occupational pension scheme, or
b
any physical feature of premises occupied by the trustees or managers,
places a relevant disabled person at a substantial disadvantage in comparison with persons who are not disabled, it is the duty of the trustees or managers to take such steps as it is reasonable, in all the circumstances of the case, for them to have to take in order to prevent the provision, criterion or practice, or feature, having that effect.
2
The making of alterations to scheme rules is (in addition to the examples set out in section 18B(2)) an example of a step which trustees or managers may have to take in order to comply with the duty set out in subsection (1).
3
Nothing in subsection (1) imposes any duty on trustees or managers in relation to a disabled person if they do not know, and could not reasonably be expected to know —
a
that the disabled person is a relevant disabled person; or
b
that that person has a disability and is likely to be affected in the way mentioned in subsection (1).
Occupational pension schemes: procedure
4I
1
Where under section 17A a relevant disabled person presents a complaint to an employment tribunal that the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part, the employer in relation to that scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
2
In this section, “employer”, in relation to an occupational pension scheme, has the meaning given by section 124(1) of the Pensions Act 1995 as at the date of coming into force of this section.
Occupational pension schemes: remedies
4J
1
This section applies where —
a
under section 17A a relevant disabled person presents to an employment tribunal a complaint that —
i
the trustees or managers of an occupational pension scheme have acted in relation to him in a way which is unlawful under this Part; or
ii
an employer has so acted in relation to him;
b
the complaint relates to —
i
the terms on which persons become members of an occupational pension scheme, or
ii
the terms on which members of the scheme are treated;
c
the disabled person is not a pensioner member of the scheme; and
d
the tribunal finds that the complaint is well-founded.
2
The tribunal may, without prejudice to the generality of its power under section 17A(2)(a), make a declaration that the complainant has a right —
a
(where subsection (1)(b)(i) applies) to be admitted to the scheme in question; or
b
(where subsection (1)(b)(ii) applies) to membership of the scheme without discrimination.
3
A declaration under subsection (2) —
a
may be made in respect of such period as the declaration may specify (but may not be made in respect of any period before the coming into force of this section);
b
may make such provision as the tribunal considers appropriate as to the terms upon which, or the capacity in which, the disabled person is to enjoy such admission or membership.
4
The tribunal may not award the disabled person any compensation under section 17A(2)(b) (whether in relation to arrears of benefits or otherwise) other than —
a
compensation for injury to feelings;
b
compensation pursuant to section 17A(5).
Occupational pension schemes: supplementary
4K
1
In their application to communications, sections 4G to 4J apply in relation to a disabled person who is —
a
entitled to the present payment of dependants' or survivors' benefits under an occupational pension scheme; or
b
a pension credit member of such a scheme,
as they apply in relation to a disabled person who is a pensioner member of the scheme.
2
In sections 4G to 4J and in this section —
“active member”, “deferred member”, “managers”, “pension credit member”, “pensioner member” and “trustees or managers” have the meanings given by section 124(1) of the Pensions Act 1995 as at the date of coming into force of this section;
“communications” includes —
the provision of information, and
the operation of a dispute resolution procedure;
“member”, in relation to an occupational pension scheme, means any active, deferred or pensioner member;
“non-discrimination rule” means the rule in section 4G(1);
“relevant disabled person”, in relation to an occupational pension scheme, means a disabled person who is a member or prospective member of the scheme; and
“prospective member” means any person who, under the terms of his contract of employment or the scheme rules or both —
is able, at his own option, to become a member of the scheme,
will become so able if he continues in the same employment for a sufficiently long period,
will be admitted to it automatically unless he makes an election not to become a member, or
may be admitted to it subject to the consent of his employer.
.
Consequential amendments
4
1
Omit section 17 (occupational pension schemes) and the preceding cross-heading.
2
In section 18D (interpretation of Part 2) (as inserted by regulation 18 of the Amendment Regulations), in subsection (2) —
a
after ““benefits”” insert “, except in sections 4G to 4K,”;
b
in the definition of “duty to make reasonable adjustments”, after “4E,” insert “4H,”.
3
In section 55 (victimisation), in subsection (5) (as inserted by regulation 21 of the Amendment Regulations), after “4D,” insert “4G,”.
4
In Schedule 2 (past disabilities) —
a
in paragraph 3 (as substituted by regulation 29(1)(b) of the Amendment Regulations), after “4E(1),” insert “4H(1),”;
b
in paragraph 4 (as substituted by regulation 29(1)(c) of the Amendment Regulations), after “4E(3)(b),” insert “4H(3)(b),”.
5
In Schedule 3 (enforcement and procedure), in paragraph 2(2), at the end add “or the investigation or determination of any matter in accordance with Part 10 (investigations) of the Pension Schemes Act 1993 by the Pensions Ombudsman”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
1st November 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2003 and shall come into force on 28th April 2003.
2
1
The Table in Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1998 shall be further amended by the insertion in the columns specified of the entries specified below.
2
In item 2 (Emissions), there shall be inserted after the last entry in the third and fourth columns —
2002/80/EC* L291, 28.10.2002 p.20
Signed by the authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
3rd April 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Earnings Factor) Amendment Regulations 2003 and shall come into force on 6 th April 2003.
2
In these Regulations, “the Earnings Factor Regulations ” means the Social Security (Earnings Factor) Regulations 1979 .
Amendment of the Earnings Factor Regulations
2
In paragraph 1(1) of Schedule 1 to the Earnings Factor Regulations (rules for the ascertainment of earnings factors) —
a
for the definitions of “Class 1 contributions” and “contracted-out contributions”, there shall be substituted the following definitions —
“Class 1 contributions” means primary Class 1 contributions paid or treated as paid on so much of a person’s earnings as do not exceed the current upper earnings limit or the prescribed equivalent if he is paid otherwise than weekly;
“contracted-out contributions” means primary Class 1 contributions paid or treated as paid on so much of a person’s earnings in respect of any contracted-out employment as exceed the current lower earnings limit but do not exceed the current upper earnings limit or the prescribed equivalents if he is paid otherwise than weekly;
;
b
in the definition of “the standard level”, after the words “lower earnings limit for” there shall be inserted the word “primary”.
Saving
3
For the purpose of ascertaining a person’s earnings factors in respect of the year commencing on 6 th April 2002 and any preceding year, the Earnings Factor Regulations shall have effect as if regulation 2 above had not been made.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
7th March 2003