text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Uranium Enrichment Technology (Prohibition on Disclosure) Regulations 2004 and shall come into force on the twenty-eighth day after the day on which they are made.
2
In these Regulations–
“ the Act ” means the Anti-terrorism, Crime and Security Act 2001;
“enrichment equipment” means equipment which is–
specifically designed or adapted for use in connection with the enrichment of uranium, or
not so designed or adapted but likely to be of exceptional use in that connection;
“equipment” includes–
a component of equipment, and
buildings;
“information” does not include software;
“reckless” has the meaning given by regulation 2(2);
“specified activity” means any of the following activities:
treating uranium to increase the proportion of the isotope 235 contained in the uranium;
manufacturing enrichment equipment;
adapting equipment which, following its adaptation, remains or becomes enrichment equipment;
testing or evaluing the proper working of enrichment equipment.
Prohibition on disclosure of uranium enrichment technology
2
1
Subject to regulation 3–
a
no person within the United Kingdom, and
b
no United Kingdom person outside the United Kingdom,
shall disclose to any person anywhere in the world any equipment or software to which paragraph (3) applies or any information to which paragraph (4) applies with the intention of assisting or enabling, or being reckless as to whether the disclosure might assist or enable, any person (whether the person to whom the disclosure is made or any other person) to undertake a specified activity.
2
For the purposes of these Regulations, a person is reckless as to whether a disclosure made by him might assist or enable any person who is undertaking or proposes to undertake a specified activity to undertake that activity if–
a
at the time he makes the disclosure–
i
he has recognised that the disclosure would create a risk that any person who is undertaking or proposes to undertake a specified activity might be assisted or enabled to undertake that activity; or
ii
he is indifferent as to whether the disclosure would create such a risk or not; or
b
the disclosure creates an obvious risk that any person who is undertaking or proposes to undertake a specified activity might be assisted or enabled to undertake that activity, but at the time he makes the disclosure he has failed to give any thought to the possibility that the disclosure would create such a risk.
3
The equipment and software to which this paragraph applies are–
a
enrichment equipment;
b
any equipment specifically designed or adapted to be used to manufacture enrichment equipment;
c
any equipment specifically designed or adapted to be used to adapt any equipment which, following its adaptation, remains or becomes enrichment equipment;
d
any equipment specifically designed or adapted to be used to test the proper working of enrichment equipment; and
e
any software specifically designed or adapted to be used in connection with the use of any equipment falling within any of subparagraphs (a) to (d).
4
The information to which this paragraph applies is any information about–
a
any equipment or software to which paragraph (3) applies or the construction, testing or evaluation of such equipment;
b
any equipment or software which is no longer in existence but, during its existence, was equipment or software to which paragraph (3) applies;
c
any design for any equipment or software which, were it to be manufactured or produced in accordance with the design, would be equipment or software to which paragraph (3) applies; and
d
the method of use of any equipment or software mentioned in any of subparagraphs (a) to (c),
where (in any such case) the information would assist or enable a specified activity to be undertaken.
Exempt disclosures
3
1
Regulation 2 does not prohibit disclosure if–
a
it is made with the intention of assisting or enabling the proper working of enrichment equipment to be –
i
tested for the purpose of enabling or facilitating, or
ii
evaluated in the course of,
the carrying out of any functions of–
aa
the Health and Safety Executive established under section 10 of the Health and Safety at Work etc Act 1974 ; or
bb
the Environment Agency established under section 1 of the Environment Act 1995 ; or
cc
Euratom; or
dd
the International Atomic Energy Agency; or
b
it is made–
i
for the purpose of enabling an application for a patent to be filed in the Patent Office (whether under the Patents Act 1977 or under any treaty or international convention to which the United Kingdom is a party), or
ii
for the purpose of enabling such an application to be amended, or
iii
in the course of the filing or amendment of such an application, or
iv
by a person acting in the course of his duties in respect of such applications under the authority or direction of the Comptroller-General of Patents, Designs and Trade Marks; or
c
it —
i
consists of information contained in an application for a patent; and
ii
was made not less than six weeks after the application was filed in the Patent Office;
and no directions have been given under section 22 of the Patents Act 1977 in relation to the application or all such directions have been revoked; or
d
it is made–
i
for the purpose of enabling an application for a patent (or other protection for an invention) to be filed outside the United Kingdom under the law of a country other than the United Kingdom or under a treaty or international convention to which the United Kingdom is a party, or
ii
for the purpose of enabling such an application to be amended, or
iii
in the course of the filing or amendment of such an application,
where the Comptroller-General of Patents, Designs and Trade Marks has granted written authority for the filing under section 23(1) of the Patents Act 1977; or
e
it is made by a United Kingdom person outside the United Kingdom acting in the course of his duties in respect of applications for patents (or other protections for inventions) filed outside the United Kingdom under the law of a country other than the United Kingdom or under a treaty or international convention (whether it is one to which the United Kingdom is a party or not); or
f
it constitutes–
i
an activity which is authorised by a licence granted in accordance with any provision made under the Export Control Act 2002 , or
ii
an export which is authorised by or under Article 6 of Council Regulation ( EC ) No 1334/2000 of 22 June 2000 setting up a Community regime for the control of exports of dual-use items and technology , or
iii
a transfer which is authorised under Article 21 of that Regulation, or
iv
anything which is the subject of a prohibition imposed by an Order in Council under section 1(1) of the United Nations Act 1946 but which is permitted or authorised by means of the exercise of a power conferred by such an Order; or
g
it is authorised by the Secretary of State under regulation 4(1).
2
Regulation 2 does not prohibit disclosure of equipment or software by parting with possession of it to the extent that the person making the disclosure–
a
has the intention of assisting or enabling, or is reckless as to whether the disclosure might assist or enable, another person to undertake a specified activity, and
b
both believes and has reasonable cause to believe that the undertaking of the specified activity by that other person is supported or approved by the Secretary of State.
3
Regulation 2 does not prohibit disclosure of information which, at the time of the disclosure, has previously been made available to the general public anywhere in the world otherwise than in contravention of section 80(3) of the Act or of any other prohibition breach of which was an offence at the time when it was so made available (including, in a case in which it was made available outside but not within the United Kingdom, an offence under the law of one or more of the places where it was made available).
4
Regulation 2 does not prohibit the doing of any thing the prohibition of which would be contrary to a Community obligation of the United Kingdom.
Authorisation of disclosures
4
1
On the application of any person or otherwise, the Secretary of State may authorise–
a
any individual disclosure; or
b
any class of disclosure,
which would otherwise be prohibited by regulation 2.
2
An authorisation–
a
in the case of an application, shall be granted by written notice to the applicant, and such other persons as the Secretary of State thinks fit;
b
in any other case, shall be granted by written notice to such persons as the Secretary of State thinks fit; and
c
in any case, may be granted for such duration and subject to such conditions as the Secretary of State thinks fit.
3
The Secretary of State may require–
a
the provision in writing by the applicant for an authorisation of such additional information as she may consider necessary to enable her to decide whether to grant the authorisation; and
b
the verification of any information provided by the applicant in connection with the application in such manner as the Secretary of State may specify.
4
Where on an application for an authorisation the Secretary of State proposes not to grant the authorisation, she shall give the applicant written notice of her proposal and of the reasons for it.
5
The applicant may make written representations to the Secretary of State within the period of 28 days following the date on which the notice under paragraph (4) is given.
6
The Secretary of State shall take into account any such representations before deciding whether to grant the authorisation.
7
If the Secretary of State decides not to grant the authorisation, she shall give the applicant written notice of her decision and of the reasons for it.
8
This paragraph applies where the applicant for an authorisation–
a
makes any statement or provides any information which is false or misleading in a material particular; or
b
omits any information which is material to his application;
and the authorisation is granted.
9
In any circumstances to which paragraph (8) applies–
a
as regards the applicant, the authorisation shall be void from the time it was granted;
b
as regards any other person, the authorisation shall be void from the time he knew or should reasonably have become aware of those circumstances.
Withdrawal or variation of authorisations
5
1
The Secretary of State may withdraw or vary an authorisation by written notice to each person to whom notice of the authorisation was given under regulation 4(2); and in this regulation, such a person is referred to as an “interested party”.
2
A notice given under paragraph (1) shall specify the reasons for the decision to withdraw or vary the authorisation (as the case may be).
3
The withdrawal or variation of an authorisation shall take effect for each interested party upon the receipt by him of the notice given under paragraph (1).
4
An interested party may make representations to the Secretary of State within 28 days of the date on which the notice is given to him.
5
The Secretary of State shall take into account any such representations before reaching a decision whether to set aside or vary the notice given under paragraph (1), and shall give written notice to every interested party of her decision.
6
A decision under paragraph (5) shall have immediate effect.
7
A decision under paragraph (5) to vary a notice given under paragraph (1) shall not cause any disclosure not to be authorised which would have been authorised if the notice had not been varied.
8
This paragraph applies where an interested party, in making representations under paragraph (4)–
a
makes any statement or provides any information which is false or misleading in a material particular; or
b
omits any information which is material to his representations;
and the notice given under paragraph (1) is set aside or varied under paragraph (5).
9
In any circumstances to which paragraph 8 applies,–
a
as regards the interested party, any decision by the Secretary of State under paragraph (5) to set aside or vary the notice shall be void from the time the decision was made;
b
as regards any other person, any decision by the Secretary of State under paragraph (5) to set aside or vary the notice shall be void from the time that person knew or should reasonably have become aware of those circumstances.
Sending and giving of applications, information, representations and notices
6
1
In this regulation–
“electronic communication” means a communication transmitted–
by means of an electronic communications network, or
by other means but while in electronic form;
“written document” means an application, information, a representation or a notice under regulation 4 or 5.
2
A written document may be sent or given to the intended recipient by–
a
delivering it to him, or
b
leaving it at his proper address, or
c
sending it to him at that address by post or other means.
3
No written document may be sent or given by means of an electronic communication unless either–
a
the intended recipient has indicated that he is willing to receive it in that form, or
b
it is sent in response to a previous electronic communication and the intended recipient has not indicated that it should not be given or sent in that form.
4
A written document may be sent or given–
a
to a body corporate by being sent or given to its secretary or clerk;
b
to a firm by being given or sent to a partner in the firm or a person having management or control of the partnership business;
c
to an unincorporated body by being sent or given to a member of its governing body.
5
For the purposes of this regulation and of section 7 of the Interpretation Act 1978 in its application to this regulation, the proper address (except in a case falling within paragraph (7)) of–
a
the Secretary of State is the address of the principal office of the holder of the office of Secretary of State who for the time being exercises the functions of the Secretary of State under regulations 4 and 5;
b
a body corporate is the address of its registered or principal office;
c
a firm or unincorporated body is the address of its principal office;
d
any other person is his last known address.
6
Where, by virtue of the above provisions of this regulation, the proper address of the intended recipient of a written document is outside the United Kingdom, references in this regulation to the proper address of–
a
a body corporate, firm or unincorporated body include its principal office (if any) in the United Kingdom;
b
any other person include his last known address in the United Kingdom (unless he is known no longer to have an address in the United Kingdom).
7
Where a written document is to be given or sent by means of an electronic communication, the proper address of any person includes the number or address which he has indicated is to be used by him for receipt of the communication.
Supplementary provisions about offences
7
1
Proceedings for an offence under section 80(3) of the Act alleged to have been committed outside the United Kingdom may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
2
In addition and without prejudice to any powers which a court may possess to order the exclusion of the public from any proceedings, the court may, upon application by the prosecution in the course of proceedings for an offence under section 80(3) of the Act, order all or any portion of the public to be excluded during any part of the hearing if it considers that the publication of any evidence to be given or of any statement to be made in the course of the hearing would be prejudicial to national security; but the passing of sentence shall in any case take place in public.
3
In proceedings for an offence under section 80(3) of the Act relating to the disclosure of information, it shall not be necessary to prove that, at the time of the disclosure, the information had not been made available to the general public as provided in regulation 3(3) unless the defence adduces evidence to the contrary.
The Electronic Commerce (EC Directive) Regulations 2002
8
The Electronic Commerce (EC Directive) Regulations 2002 shall apply to these Regulations notwithstanding regulation 3(2) of those Regulations.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
14th July 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Regulated Activities)(Amendment)(No.2) Order 2004, and comes into force on 6th April 2005.
2
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“the principal Order ” means the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 .
Amendment of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001
2
The principal Order is amended as follows.
Providing basic advice on stakeholder products
3
After article 52A of the principal Order, insert —
CHAPTER XIA
PROVIDING BASIC ADVICE ON STAKEHOLDER PRODUCTS
The activity
Providing basic advice on stakeholder products
52B
1
Providing basic advice to a retail consumer on a stakeholder product is a specified kind of activity.
2
For the purposes of paragraph (1), a person (“P”) provides basic advice when —
a
he asks a retail consumer questions to enable him to assess whether a stakeholder product is appropriate for that consumer; and
b
relying on the information provided by the retail consumer P assesses that a stakeholder product is appropriate for the retail consumer and —
i
describes that product to that consumer;
ii
gives a recommendation of that product to that consumer; and
c
the retail consumer has indicated to P that he has understood the description and the recommendation in sub-paragraph (b).
3
In this article —
“retail consumer” means any person who is advised by P on the merits of opening or buying a stakeholder product in the course of a business carried on by P and who does not receive the advice in the course of a business carried on by him;
“stakeholder product” means —
an account which qualifies as a stakeholder child trust fund within the meaning given by the Child Trust Funds Regulations 2004 ;
rights under a relevant stakeholder pension scheme, and for these purposes —
“relevant stakeholder pension scheme” means a stakeholder pension scheme within the meaning given by section 1 of the Welfare Reform and Pensions Act 1999 and which is subject to lifestyling, and
“lifestyling” means the process, applied from a date at least five years before the member’s retirement date, or, in the case of a member who joins the scheme less than five years before his retirement date, immediately after he becomes a member, and continuing until the member’s retirement date, by which an investment strategy is adopted by the trustees or manager which aims progressively to minimise the variation or potential variation in the value of the member’s rights caused by market conditions from time to time, and the words “member” and “scheme” have the same meaning as they have in the Welfare Reform and Pensions Act 1999;
an investment of a kind specified in regulations made by the Treasury.
.
Transitional provisions
4
1
Part 4 of the Act shall apply in the case of persons who have permission at the date this Order comes into force to carry out the activity specified in article 53 of the principal Order and who wish to carry out the activity specified in article 52B of that Order as follows.
2
Where P is a person to whom paragraph (1) applies —
a
the procedures established under sections 44 and 45 in respect of application for permission shall not apply in respect of permission to carry out the article 52B activity,
b
P shall be deemed to have such a permission if he has notified the Authority in writing of his wish to undertake the activity and the Authority has acknowledged receipt of P’s notification in writing from the date of the acknowledgement.
Supplemental amendments of secondary legislation
5
1
The Financial Services and Markets Act 2000 (Appointed Representatives) Regulations 2001 are amended as follows.
2
In regulation 2(1) (descriptions of business for which appointed representatives are exempt) after sub-paragraph (b) insert —
ba
an activity of the kind specified by article 52B of that Order (providing basic advice on stakeholder products);
.
3
The Financial Services and Markets Act 2000 (Professions) (Non-Exempt Activities) Order 2001 is amended as follows.
4
In article 4 after paragraph (e) insert —
ea
article 52B (providing basic advice on stakeholder products);
.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th November 2004


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No.4) Order 2004 and shall come into force on 18 th October 2004.
2
David White is hereby appointed one of Her Majesty’s Inspectors of School in England with effect from 18 th October 2004.
A.K.Galloway
Clerk of the Privy Council


text:
Title and commencement
1
These Regulations may be cited as the Oil and Fibre Plant Seed (England) (Amendment) Regulations 2004 and shall come into force on 8th October 2004.
Amendment of the Oil and Fibre Plant Seed (England) Regulations 2002
2
1
The Oil and Fibre Plant Seed (England) Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) —
a
After the definition of “the Act”, there shall be inserted the following definition —
“Annex II.A(3) official certificate” means an official certificate of the type specified in paragraph 3 of Part A of Annex II to the Third Country Equivalence Decision;
;
b
for the definition of “approved seed certification authority”, there shall be substituted the following definition —
“approved seed certification authority” means an authority specified in column 2 of the table set out in Annex I to the Third Country Equivalence Decision;
;
c
for the definition of “breeder’s seed”, there shall be substituted the following definition —
“breeder’s seed” means seed which has been produced by or under the responsibility of the breeder and that is intended for the production of pre-basic or basic seed;
;
d
for the definition of “the Common Catalogue Directive”, there shall be substituted the following definition —
“the Common Catalogue Directive” means Council Directive 2002/53/ EC on the common catalogue of varieties of agricultural plant species, as last amended by the Food and Feed Regulation;
;
e
after the definition of “control plot”, there shall be inserted the following definition —
“the Deliberate Release Directive” means Council Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;
;
f
for the definition of “ EEA State”, there shall be substituted the following definition —
“EEA State” means –
a State which is a member of the Communities; and
Iceland, Liechtenstein and Norway;
;
g
for the definition of “equivalent third country”, there shall be substituted the following definition —
“equivalent third country” means Argentina, Australia, Bulgaria, Canada, Chile, Croatia, Israel, Morocco, New Zealand, Romania, Serbia and Montenegro, South Africa, Turkey, the United States of America, and Uruguay;
;
h
after the definition of “equivalent third country”, there shall be inserted the following definition —
“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;
;
i
for the definition of “genetically modified”, there shall be substituted the following definition —
“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;
;
j
for the definition of “member State”, there shall be substituted the following definition —
“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;
;
k
for the definition of “the Oil and Fibre Plant Seed Directive”, there shall be inserted the following definition —
“the Oil and Fibre Plant Seed Directive” means Council Directive 2002/57/EC on the marketing of seed of oil and fibre plant species as last amended by Council Directive 2003/61/EC ;
;
l
the definition of “a Part II.A(3) official certificate” shall be deleted; and
m
for the definition of “the Third Country Equivalence Decision”, there shall be substituted the following definition —
“the Third Country Equivalence Decision” means Council Decision 2003/17/EC on the equivalence of field inspections carried out in third countries on seed-producing crops and on the equivalence of seed produced in third countries, as last amended by Council Regulation (EC) No 885/2004 ;
.
3
In regulation 9(2)(d), for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3 official certificate)”.
4
In regulation 10, for paragraph (4)(d)(i) there shall be substituted the following paragraph —
i
is satisfied that the crop has been produced directly from UK , EC, third country or overseas tested officially certified basic, C1 or C2 seed of a listed variety, or, with the breeder’s written authority, from UK, EC or overseas tested officially certified pre-basic seed of a listed variety; and
.
5
In regulation 11, for paragraph (15)(c)(ii) there shall be substituted the following paragraph —
ii
not finally certified CS, C1 or C2 seed harvested in an equivalent third country and for which the Annex II.A(3) official certificate relating to the crop from which the seed in the seed lot was harvested has been lodged with the Secretary of State in accordance with regulation 9.
.
6
In regulation 12 —
a
in paragraph (1)(a), after the words “being issued” there shall be added the words “or within such other time as the Secretary of State may otherwise allow”; and
b
in paragraph (1)(b), after the words “is listed” there shall be added the words “or within such other time as the Secretary of State may otherwise allow”.
7
In regulation 18, for paragraph (4) there shall be substituted the following paragraph —
4
The Secretary of State shall not grant a regulation 18 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either —
a
Part C of the Deliberate Release Directive; or
b
the Food and Feed Regulation.
.
8
In regulation 19, for paragraph (4)(c) there shall be substituted the following paragraph —
c
in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either —
i
Part C of the Deliberate Release Directive; or
ii
the Food and Feed Regulation.
.
9
In regulation 24 —
a
in paragraph 6(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision”; and
b
in paragraph 10(c), for the words “paragraph B.I of Annex II to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 1 of Part B of Annex II to the Third Country Equivalence Decision”.
10
In regulation 26 —
a
in paragraph 6(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 3 of Part B of Annex II to the Third Country Equivalence Decision”;
b
paragraph 8(c) shall be deleted;
c
in paragraph 10(c), for the words “paragraph B.I of Part II of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3.3 of Part B of Annex II to the Third Country Equivalence Decision”; and
d
in paragraph 16, for the words “paragraph 16, 17(3), 22, 23(3), 30, 31(4), 38 or 39(4)” there shall be substituted the words “paragraph 16, 17(3), 22, 23(3), 30, 31(3), 31(4), 38, 39(3), 39(4), 45A, 46(3) 46(4), 52A, 53(3) or 53(4)”.
11
In Schedule 1 —
a
in paragraph 16 of Part II —
i
in sub-paragraph (2)(a)(ii), for the words “paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
b
in paragraph 22 of part II —
i
in sub-paragraph (1), after the word “means” the word “basic” shall be deleted;
ii
in sub-paragraph (2)(a)(ii), for the words “paragraph 6 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 5 of Part B of Annex II to the Third Country Equivalence Decision”;
iii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iv
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
c
in paragraph 30 of part III —
i
in sub-paragraph (2)(a)(ii), for the words “paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
d
in paragraph 31(3)(d)(i) of part III, for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
e
in paragraph 38 of part III —
i
in sub-paragraph (2)(a)(ii), for the words “paragraph 7 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (2)(b)(iii), for the words “paragraphs 1 and 3 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (2)(c), for the words “paragraph 4 of Part II(B) of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision”;
f
in paragraph 39(3)(d)(i) of part III, for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
g
for paragraph 43 of part III there shall be substituted the following paragraph —
43
1
In these Regulations “C2 seed” means seed to which paragraph (2) or (3) applies.
2
In relation to flax, linseed and soya bean, “C2 seed” means seed that —
a
has been produced directly from —
i
officially certified basic seed,
ii
officially certified C1 seed, or
iii
with the breeder’s written authority, from officially certified pre-basic seed, and
b
is intended —
i
in the case of flax, for the production of C3 seed; or
ii
in the case of linseed and soya bean, for purposes other than the production of oil and fibre plant seed.
3
In relation to monoecious hemp, “C2 seed” means seed that —
a
has been produced directly from officially certified C1 seed; and
b
is intended for the production of hemp to be harvested in flower.
;
h
in paragraph 44(3) of part III —
i
in paragraph (d)(iii), the word “and” shall be deleted;
ii
in paragraph (e)(i), after the words “another member state” there shall be added the words “or an equivalent third country”; and
iii
after paragraph (e), there shall be inserted the following paragraphs —
f
C2 seed of a listed variety that —
i
has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
ii
complies with the requirements of paragraphs (a)(ii) and (iii); and
g
C2 seed —
i
of a previously listed variety that is on the OECD list;
ii
that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
iii
that complies with the requirements of paragraphs (a)(ii) and (iii); and
iv
for which a marketing extension is in force,
;
i
after paragraph 45 of part III there shall be inserted the following paragraph —
Third country officially certified C2 seed of a listed variety
45A
1
In these Regulations, “third country officially certified C2 seed of a listed variety” means C2 seed to which sub-paragraph (2) or (3) applies.
2
This sub-paragraph applies to C2 seed of a listed variety that —
a
was harvested from a crop that has been produced —
i
in an equivalent third country; and
ii
from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;
b
has been officially certified as C2 seed by the approved seed certification authority in that country in accordance with —
i
in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme; and
ii
in the case of soya bean seed, the OECD Grass and Legume Seed Scheme; and
iii
in both cases, the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
has been packed in packages that have been officially closed and marked in accordance with —
i
in the case of seed other than soya bean seed, the OECD Crucifer and Oil and Fibre Seed Scheme, and
ii
in the case of soya bean seed, the OECD Grass and Legume Seed Scheme, and
as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
has been imported into the United Kingdom and was accompanied by —
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C2 seed; and
ii
subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C2 seed other than those relating to varietal identity and varietal purity; or
iii
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
3
This sub-paragraph applies to C2 seed —
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and
b
that complies with the requirements of sub-paragraph (2)(a) to (d).
;
j
for paragraph 46 of part III there shall be substituted the following paragraph —
Overseas tested officially certified C2 seed of a listed variety
46
1
In these Regulations “overseas tested officially certified C2 seed of a listed variety” means C2 seed to which sub-paragraph (2), (3) or (4) applies.
2
This sub-paragraph applies to C2 seed —
a
that has been harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report was issued on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C2 seed;
b
for which a seed test report has been issued —
i
by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or
ii
by a licensed EC seed testing station in either of the member States referred to in paragraph (i),
stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
c
that has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
that is accompanied by —
i
an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a); and
ii
the seed test report referred to in paragraph (b).
3
This sub-paragraph applies to C2 seed that —
a
was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop had been found to satisfy the relevant Directive crop conditions for C2 seed;
b
was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C2 seed;
c
has been imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
is accompanied by —
i
an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant crop conditions for C2 seed; and
ii
the seed test report referred to in paragraph (b).
4
This sub-paragraph applies to C2 seed that —
a
complies with the requirements of paragraph 45A(2)(a) to (d); and
b
was imported into the United Kingdom as C2 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.
;
k
in paragraph 47(3) of part III —
i
in sub-paragraph (c)(ii), the word “and” shall be deleted;
ii
after sub-paragraph (d), there shall be inserted the following paragraphs —
e
C2 seed of a listed variety that —
i
has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country; and
ii
complies with the requirements of paragraphs (a)(ii) to (iv); and
f
C2 seed —
i
of a previously listed variety that is on the OECD list;
ii
that has been imported into the United Kingdom as not finally certified C2 seed harvested in an equivalent third country;
iii
that complies with the requirements of paragraphs (a)(ii) to (iv); and
iv
for which a marketing extension is in force,
;
l
after sub-paragraph (b) of paragraph 49 of part III, there shall be inserted the following sub-paragraph —
bb
third country officially certified C2 seed of a listed variety;
;
m
after paragraph 52 of part III, there shall be inserted the following paragraph —
Third country officially certified C3 seed of a listed variety
52A
1
In these Regulations “third country officially certified C3 seed of a listed variety” means C3 seed to which sub-paragraph (2) or (3) applies.
2
This sub-paragraph applies to C3 seed of a listed variety that —
a
was harvested from a crop that has been produced —
i
in an equivalent third country; and
ii
from a preceding generation of seed that was produced in accordance with the provisions of paragraph 6 of Part B of Annex II to the Third Country Equivalence Decision;
b
has been officially certified as C3 seed by the approved seed certification authority in that country in accordance with —
i
the OECD Crucifer and Oil and Fibre Seed Scheme; and
ii
the conditions specified in paragraphs 1 and 2 of Part B of Annex II to the Third Country Equivalence Decision;
c
has been packed in packages that have been officially closed and marked in accordance with the OECD Crucifer and Oil and Fibre Seed Scheme and as regards the packaging, in accordance with the relevant conditions specified in paragraph 3 of Part B of Annex II to the Third Country Equivalence Decision; and
d
that has been imported into the United Kingdom and was accompanied by —
i
an OECD Certificate issued by the approved seed certification authority in respect of the seed lot from which the seed was taken approving the seed in that lot as C3 seed; and
ii
subject to paragraph (iii), an Orange or Green International Seed Lot Certificate issued under the Rules of ISTA showing that it has been found to satisfy the relevant Directive seed conditions for C3 seed other than those relating to varietal identity and varietal purity; or
iii
in a case where the seed has been certified in Canada or the United States of America, a Lot Inspection Certificate issued by the Official Seed Testing Laboratory under the authority of the State Seed Testing Agency showing that it has been found to satisfy those conditions instead of a certificate of the type referred to in paragraph (ii).
3
This sub-paragraph applies to C3 seed —
a
of a previously listed variety that is on the OECD List and for which a marketing extension is in force; and
b
that complies with the requirements of sub-paragraphs 2(a) – (d).
;
n
for paragraph 53 of part III, there shall be substituted the following paragraph —
Overseas tested officially certified C3 seed of a listed variety
53
1
In these Regulations, “overseas tested officially certified C3 seed of a listed variety” means C3 seed to which sub paragraph (2), (3) or (4) applies.
2
This sub-paragraph applies to C3 seed —
a
that was harvested from a crop produced in a member State (including the United Kingdom) for which a field inspection report has been issued by or on behalf of the competent seed certification authority in the member State stating that the crop has been found to satisfy the relevant Directive crop conditions for C3 seed;
b
for which a seed test report has been issued —
i
by or on behalf of the competent seed certification authority in the member State, or in a member State, other than the United Kingdom, into which the seed was subsequently imported, or
ii
by a licensed EC seed testing station in either of the member States referred to in paragraph (i),
stating that the seed has been found to satisfy the relevant Directive seed conditions for C3 seed;
c
that was imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
that is accompanied by —
i
an Annex V(C) document relating to the seed issued by or on behalf of the competent seed certification authority in the member State referred to in paragraph (a); and
ii
the seed test report referred to in paragraph (b).
3
This sub-paragraph applies to C3 seed that —
a
was harvested from a crop produced in an equivalent third country for which a field inspection report was issued by the approved seed certification authority or a licensed third country crop inspector in that country stating that the crop has been found to satisfy the relevant Directive crop conditions for C3 seed;
b
was subsequently imported into a member State other than the United Kingdom and for which a seed test report has been issued by or on behalf of the competent seed certification authority or by a licensed EC seed testing station in that member State, stating that the seed has been found to satisfy the relevant Directive seed conditions for C3 seed;
c
has been imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed; and
d
is accompanied by —
i
an Annex II.A(3) official certificate relating to the crop from which the seed was harvested issued by the approved seed certification authority in the third country referred to in paragraph (a) stating that the crop has been found to satisfy the relevant Directive crop conditions for C3 seed; and
ii
the seed test report referred to in paragraph (b).
4
This sub-paragraph applies to C3 seed that —
a
complies with the requirements of paragraph 52A(2)(a) to (d); and
b
was imported into the United Kingdom as C3 seed of a variety that was unlisted at the time when the seed was imported but has since been listed.
;
o
after sub-paragraph (b) of paragraph 56 of part III, there shall be inserted the following sub-paragraph —
bb
third country officially certified C3 seed of a listed variety;
;
p
in paragraph 63(10) of part IV —
i
in paragraph (a) —
aa
for sub-paragraph (i), there shall be substituted the following sub-paragraph —
i
produced in the United Kingdom and found by an official UK field inspection to satisfy the conditions laid down in Schedule 3 and Part I of Schedule 4 for a crop from which C2 seed is to be produced,
;
bb
for sub-paragraph (ii), there shall be substituted the following sub-paragraphs —
ii
produced in another member State and found by a field inspection of the crop carried out by or on behalf of the competent seed certification authority or licensed EC field inspector in that State to satisfy the Directive crop conditions for C2 seed, or
iii
produced in an equivalent third country and found by a field inspection of the crop carried out by the approved seed certification authority or a licensed third country crop inspector in that country to satisfy the Directive crop conditions for C2 seed;
;
ii
in paragraph (b) —
aa
for sub-paragraph (i), there shall be substituted the following sub-paragraph —
i
was found by an official UK seed test or a UK seed test carried out under official supervision to satisfy the conditions laid down in Part II of Schedule 4 for C2 seed,
;
bb
for sub-paragraph (ii), there shall be substituted the following sub-paragraphs —
ii
was found by seed testing carried out by or on behalf of the competent seed certification authority or licensed EC seed testing station in another member State to satisfy the Directive seed conditions for C2 seed, or
iii
was found by seed testing carried out by the approved seed certification authority or a licensed third country seed testing station in an equivalent third country to satisfy the Directive seed conditions for C2 seed; and
;
q
in paragraph 69(1)(b) of part V, for the words “officially certified basic seed or C1” there shall be substituted the words “officially certified basic, C1 or C2”;
r
in paragraph 70(1) of part V —
i
in sub-paragraph (b)(ii), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (c), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (e), for the words “a part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”;
s
in paragraph 71(1) of part V —
i
in sub-paragraph (b)(ii), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”;
ii
in sub-paragraph (c), for the words “Part II.A of the Annex to the Third Country Equivalence Decision” there shall be substituted the words “Part A of Annex II to the Third Country Equivalence Decision”; and
iii
in sub-paragraph (e), for the words “a Part II.A(3) official certificate” there shall be substituted the words “an Annex II.A(3) official certificate”; and
t
after paragraph 71 of part V, there shall be inserted the following paragraph —
Not finally certified C2 seed harvested in an equivalent third country
72
1
In these Regulations “not finally certified C2 seed harvested in an equivalent third country” means C2 seed —
a
to which sub-paragraph (2) applies;
b
that has been harvested from a crop that —
i
has been produced in an equivalent third country directly from officially certified basic seed or C1 seed; and
ii
has been found, by a field inspection of the crop carried out by the approved seed certification authority in the equivalent third country in which the crop was produced, or a licensed third country field inspector in that country, in accordance with the conditions specified in Part A of Annex II to the Third Country Equivalence Decision, to satisfy the Directive crop conditions for C2 seed;
c
that has been packed in a sealed package and labelled in accordance with the requirements specified in paragraph 2 of Part A of Annex II to the Third Country Equivalence Decision;
d
that has been imported into the United Kingdom as not finally certified seed; and
e
that is accompanied by an Annex II.A(3) official certificate relating to the seed issued by the approved seed certification authority in the equivalent third country in which the seed was harvested.
2
This sub-paragraph applies to C2 seed of —
a
a listed variety;
b
a variety that is unlisted but in respect of which an application for listing has been made that has not been withdrawn or finally determined; or
c
a previously listed variety that is on the OECD List and for which a marketing extension is in force.
.
12
In Schedule 3, in entry (d)(ii) in the table in paragraph 2, for the word “CS” there shall be substituted the words “C1 and C2”.
13
In the table in Schedule 5 —
a
in paragraph 1(e) of column 1, after the word “EC” there shall be inserted the words “, third country”;
b
in paragraph 1(f) of column 1, after the word “EC” there shall be inserted the words “, third country”;
14
In Schedule 6 —
a
after paragraph 18, there shall be inserted the following paragraph —
18A
Third country officially certified C2 seed of a listed variety.
; and
b
after paragraph 21, there shall be inserted the following paragraph —
21A
Third country officially certified C3 seed of a listed variety.
.
15
In Schedule 10 —
a
after the entry for “the Act” there shall be inserted the following entry —
Annex II.A(3) official certificate Regulation 2(1)
;
b
after the entry for “control plot” there shall be inserted the following entry —
Deliberate Release Directive Regulation 2(1)
;
c
after the entry for “flax” there shall be inserted the following entry —
Food and Feed Regulation Regulation 2(1)
;
d
the entry for “Part II.A(3) official certificate shall be deleted; and
e
after the entry for “third country officially certified C1 seed of a listed variety” there shall be inserted the following entries —
third country officially certified C2 seed of a listed variety; Paragraph 45A of Schedule 1 third country officially certified C3 seed of a listed variety. Paragraph 52A of Schedule 1
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th September 2004


text:
1
1
The North of Worsley — West of Moss Moor Motorway Connecting Roads (No. 3) Special Roads Scheme 1966 (hereinafter referred to as “the Principal Scheme”) is hereby varied as follows:
a
in article 2 of the Principal Scheme, for the words “the deposited plan” substitute the words “the further plan”;
b
after the first sub-paragraph of article 4 of the Principal Scheme insert the following sub-paragraph —
“the further plan” means the plan numbered HA/18/OD/22 and marked “the North of Worsley — West of Moss Moor Motorway Connecting Roads (No. 3) Special Roads Scheme 1966 (Variation) Scheme 2004” signed by authority of the Secretary of State for Transport and deposited at the DTLR , Records Management Branch, Ashdown House, Sedlescombe Rd North, St Leonards-on-Sea, East Sussex TN37 7GA;
b
for paragraph 1 of the Schedule to the Principal Scheme substitute —
In the following paragraph: —
“the reference point” means in sub-paragraph (a) the point of intersection of the centre line of the M62 Motorway and the centre line of Dig Gate Lane, and in sub-paragraph (b) and (c) means the point of intersection of the centre line of the M62 Motorway and the centre line of the A640 Elizabethan Way;
“the roundabout” means the A640 Elizabethan Way Roundabout shown on the further plan;
“the new local authority road” means the road which the Secretary of State proposes to construct and referred to in articles 1(1)(a) and (c) of the M62 Motorway (Junction 21 Improvements) (Side Roads) Order 2004;
“the new local authority roundabout” means the roundabout which the Secretary of State proposes to construct and referred to in article 1(1)(c) of the M62 Motorway (Junction 21 Improvements) (Side Roads) Order 2004;
d
for paragraph 2 of the Schedule to the Principal Scheme substitute —
2
The routes described in this paragraph are shown on the further plan and are routes:
a
starting at a point adjoining the westbound carriageway of the M62 Motorway about 620 metres south west of the reference point and proceeding in an easterly, thence southerly, thence westerly, thence north-westerly direction to join the new local authority roundabout at a point just beyond the eastbound carriageway of the M62 Motorway.
b
starting at a point adjoining the eastbound carriageway of the M62 Motorway about 160 metres north east of the reference point and proceeding in a south-westerly, thence westerly, thence northerly direction to join the new local authority road to the south west of the roundabout.
c
starting at a point adjoining the westbound carriageway of the M62 Motorway about 450 metres north east of the reference point and proceeding in a south-westerly, thence westerly, thence north-westerly direction to join the new local authority roundabout at a point just beyond the eastbound carriageway of the M62 Motorway.
2
The heavy black lines on the deposited plan referred to in the North of Worsley — West of Moss Moor Connecting Roads (No. 3) Special Roads Scheme 1966 shall be disregarded. The heavy black lines on the further plan shall indicate the centre lines of the special roads.
2
This Scheme may be cited as the North of Worsley — West of Moss Moor Motorway Connecting Roads (No. 3) Special Roads Scheme 1966 (Variation) Scheme 2004 and shall come into operation on 31st December 2004.
Signed by authority of the Secretary of State for Transport.
Arthur Ashburner
Director Operations Directorate North Highways Agency
30th December 2004


text:
Title and commencement
1
These Regulations may be cited as the Asylum Support (Interim Provisions) (Amendment) Regulations 2004 and shall come into force on 4th April 2004.
Extension of the interim period in the Asylum Support (Interim Provisions) Regulations 1999
2
In regulation 2(5) of the Asylum Support (Interim Provisions) Regulations 1999 , for the words “5th April 2004” there is substituted “4th April 2005”.
Beverley Hughes
Minister of State
Home Office
27th February 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Individual Pupil Information) (Prescribed Persons) (England) (Amendment) Regulations 2004 and shall come into force on 1st July 2004.
2
These Regulations apply to information concerning individual pupils at schools in England only.
Amendments
2
The Education (Individual Pupil Information) (Prescribed Persons) Regulations 1999 shall be amended in accordance with the following provisions of these Regulations.
3
In regulation 1 (Citation, commencement, application and revocation) the phrase “other than nursery schools” and the brackets enclosing it shall be deleted from paragraph (2).
4
In regulation 2 (Interpretation) —
a
the definition “individual pupil information” shall be deleted;
b
for the definition “the relevant local education authority” there shall be substituted —
“the relevant local authority”, in relation to the provision of any individual pupil information, means —
the local education authority which maintains the school at which the relevant pupil is or was registered;
the local education authority which, for the purposes of Part IV of the Act (Special Educational Needs), is responsible for the relevant pupil;
the local authority which looks after the relevant pupil; or
in the case of a school which is not maintained, the local education authority for the area in which the school is situated at which the relevant pupil is or was registered; and
for the purpose of sub-paragraph (c) above, a relevant pupil is looked after by a local authority when he is “a child who is looked after by a local authority”, as defined in section 22(1) of the Children Act 1989 ( 1989 c. 41) ;
; and
c
after the definition “the relevant local authority” there shall be inserted the following definition —
“the relevant pupil” means the subject of the individual pupil information.
.
5
In regulation 3 (Prescribed persons) —
a
after paragraph (2) there shall be inserted —
2A
For the purposes of section 537A(6) of the Act, the Secretary of State hereby prescribes as a person to whom any person holding any individual pupil information may provide that information —
a
any person referred to in paragraph (4) below; and
b
any person falling within the category referred to in paragraph (5) below.
;
b
in paragraph (4) —
i
for “(1)(a) and (2)(a)” in the first line there shall be substituted “(1)(a), (2)(a) and (2A)(a)”;
ii
the word “education” in sub-paragraph (f) shall be deleted;
iii
the word “and” in sub-paragraph (g) shall be deleted;
iv
the full stop at the end of sub-paragraph (h) shall be replaced by a semi-colon; and
v
after sub-paragraph (h) there shall be inserted the following sub-paragraph —
i
the Learning and Skills Council.
; and
c
in paragraph (5), for “(1)(b) and (2)(b)” there shall be substituted “(1)(b), (2)(b) and (2A)(b)”.
David Miliband
Minister of State
Department for Education and Skills
18th May 2004


text:
Title, application and commencement
1
These Regulations may be cited as the Food Safety (General Food Hygiene) (Amendment) (England) Regulations 2004, shall apply in relation to England only and shall come into force on 30th July 2004.
Amendment to the Food Safety (General Food Hygiene) Regulations 1995
2
1
The Food Safety (General Food Hygiene) Regulations 1995 shall be amended in accordance with paragraph (2) in so far as they apply in relation to England.
2
In paragraph (1) of regulation 2 (interpretation), for the definition of “list of acceptable previous cargoes for liquid oils or fats” there shall be substituted the following definition —
“list of acceptable previous cargoes for liquid oils or fats” means the list set out in the Annex to Commission Directive 96/3/ EC granting a derogation from certain provisions of Council Directive 93/43/ EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea as amended by Commission Directive 2004/4/EC amending Directive 96/3/EC granting a derogation from certain provisions of Council Directive 93/43/EEC on the hygiene of foodstuffs as regards the transport of bulk liquid oils and fats by sea ;
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
7th July 2004


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Social Security (Habitual Residence) Amendment Regulations 2004 and shall come into force on 1st May 2004.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 .
Amendment of the Council Tax Benefit Regulations and of the Housing Benefit Regulations
2
In both regulation 4A of the Council Tax Benefit Regulations and regulation 7A of the Housing Benefit Regulations (persons from abroad) —
a
in paragraph (4)(e)(i) after “ No. 73/148/ EEC ” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 .”;
b
after paragraph (4) insert the following paragraph–
4B
In this regulation, for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
.
Amendment of the Income Support Regulations
3
In regulation 21 of the Income Support Regulations (special cases) —
a
in paragraph (3), for “Subject to paragraph (3F)” substitute “Subject to paragraphs (3F) and (3G)”;
b
in the definition of “person from abroad” in paragraph (3) in sub-paragraph (a) after “No. 73/148/EEC” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 .”;
c
after paragraph (3F) insert the following paragraph —
3G
In paragraph (3), for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
.
Amendment of the Jobseeker’s Allowance Regulations
4
In regulation 85 of the Jobseeker’s Allowance Regulations (special cases) —
a
in paragraph (4), for “Subject to paragraph (4A)” substitute “Subject to paragraphs (4A) and (4B)”;
b
in the definition of “person from abroad” in paragraph (4) in sub-paragraph (a) after “No. 73/148/EEC” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 .”;
c
after paragraph (4A) insert the following paragraph —
4B
In paragraph (4), for the purposes of the definition of a person from abroad no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
.
Amendment of the State Pension Credit Regulations
5
In regulation 2 of the State Pension Credit Regulations (persons not in Great Britain) —
a
at the beginning insert “-(1) Subject to paragraph (2),”;
b
in sub-paragraph (a) after “No. 73/148/EEC” add “or a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 5(1) of the Immigration (European Economic Area) Regulations 2000 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004 .”
c
after sub-paragraph (e) insert the following paragraph —
2
For the purposes of treating a person as not in Great Britain in paragraph (1), no person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland if he does not have a right to reside in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.
.
Transitional arrangements and savings
6
1
Paragraph (2) shall apply where a person —
a
is entitled to a specified benefit in respect of a period which includes 30th April 2004;
b
claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to that benefit in respect of a period which includes 30th April 2004;
c
claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to such a benefit in respect of a period which is continuous with a period of entitlement to the same or another specified benefit which includes 30th April 2004;
d
claims jobseeker’s allowance on or after 1st May 2004 and it is subsequently determined that he is entitled to jobseeker’s allowance in respect of a period of entitlement to that benefit which is linked to a previous period of entitlement which includes 30th April 2004 by virtue of regulations made under paragraph 3 of Schedule 1 to the Jobseekers Act 1995 .
2
Where this paragraph applies —
a
regulation 4A of the Council Tax Benefit Regulations and regulation 7A of the Housing Benefit Regulations shall continue to have effect as if regulation 2 had not been made;
b
regulation 21 of the Income Support Regulations shall continue to have effect as if regulation 3 had not been made;
c
regulation 85 of the Jobseeker’s Allowance Regulations shall continue to have effect as if regulation 4 had not been made; and
d
regulation 2 of the State Pension Credit Regulations shall continue to have effect as if regulation 5 had not been made.
3
The provisions saved by paragraph (2) shall continue to have effect until the date on which entitlement to a specified benefit for the purposes of paragraph (1) ceases, and if there is more than one such specified benefit, until the last date on which such entitlement ceases.
4
In this regulation “specified benefit” means income support, housing benefit, council tax benefit, jobseeker’s allowance and state pension credit.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
28th April 2004


text:
1
This Order may be cited as the A1 Trunk Road (Northumberland and Tyne and Wear, Various Locations and Detrunking) Order 2005 and shall come into force on 1st March 2005.
2
In this Order —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“the new trunk roads” means the length of highway referred to in article 3(a) of this Order;
ii
“the plan” means the plan numbered HA 10/OD/479 marked “The A1 Trunk Road (Northumberland and Tyne and Wear, Various Locations and Detrunking) Order 2005”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“the trunk road” means the Trunk Road between the junction opposite the Police House and the junction to Heighley Cottage.
3
From the date when this Order comes into force:
a
the lengths of highways described in Schedule 1 to this Order shall become trunk roads, and
b
the length of the trunk road described in Schedule 2 to this Order shall cease to be a trunk road.
4
The centre line of each of the trunk roads is indicated by a heavy black line on the plan.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
22nd December 2004


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (Amendment) Order 2004 and shall come into force on 1 st April 2004.
Application
2
This Order applies —
a
in relation to England, to all best value authorities; and
b
in relation to Wales, only to authorities falling within section 1(1)(d) or (e) of the Local Government Act 1999 (police and fire authorities).
Amendment of the Local Government (Best Value) Performance Indicators and Performance Standards Order 2003
3
The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 is amended as follows.
General corporate health performance indicators
4
1
For article 3(1), substitute —
3
1
The performance of the best value authorities specified in paragraph (2), in exercising all of their functions, shall be measured by reference to indicators 1,2 and 5 to 16 in Schedule 1 to this Order.
.
2
For article 3(6), substitute —
6
The performance of county councils, in exercising all of their functions, shall be measured by reference to indicators 1,2, 5 to 7 and 10 to 16 in Schedule 1 to this Order.
.
3
For article 3(7), substitute —
7
The performance of National Parks authorities and the Broads authority, in exercising all of their functions, shall be measured by reference to indicators 2(a), 5 to 7 and 11 to 15 to this Order.
.
4
For article 3(8), substitute —
8
The performance of fire authorities, in exercising all of their functions, shall be measured by reference to indicators 2,6,7,10,11,13 and 15 in Schedule 1 to this Order.
.
5
In Schedule 1 (general corporate health performance indicators) —
a
delete indicators 3 and 4;
b
for indicator 8, substitute —
The percentage of council tax due to the authority for the current financial year that is received by the authority.
;and
c
for indicator 9, substitute —
The percentage of non-domestic rates due in the current financial year that is received by the authority.
.
Performance indicators for social services
5
1
For article 6(1), substitute —
6
1
The performance of the best value authorities specified in paragraph (2), in exercising their social services functions, shall be measured by reference to indicators 1 to 14 in Schedule 4 to this Order.
.
2
In Schedule 4 (social services performance indicators) —
a
For indicator 3, substitute —
The ratio of the percentage of those young people who were looked after by the authority on 1 st April in their 17 th year (aged 16), who were engaged in education, training or employment at the age of 19 to the percentage of young people in the general population in the area of the authority who were engaged in such education, training or employment.
and;
b
after indicator 13, add —
14
The number of adults and older people receiving direct payments at 31 st March in the current financial year, per 100,000 population aged 18 years or over, standardised by age groups;
18-64;
65-74;
75-84; and
85 or over.
.
Performance indicators for housing and related services
6
1
For article 7(1), substitute —
7
1
The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to housing and housing related services, shall be measured by reference to indicators 1 to 12 in Schedule 5 to this Order.
.
2
In Schedule 5 (housing performance indicators) —
a
For indicator 1, substitute —
The proportion of unfit private sector dwellings made fit or demolished, during the current financial year as a direct result of action taken by the local authority.
;
b
for indicator 3 substitute —
The number of private sector dwellings that are reoccupied or demolished, during the current financial year as a direct result of action taken by the local authority.
;
c
for indicator 7 substitute —
The proportion of local authority homes which are;
a
non decent at the beginning of the current financial year; and
b
the percentage change in proportion of non local authority homes between the beginning and end of the current financial year.
;
d
for indicator 8, substitute —
The percentage of responsive (but not emergency) repairs during the current financial year, for which the authority both made and kept the appointment.
; and
e
after indicator 10 add —
11 The number of people sleeping rough on a single night (as determined by the authority) within the area of the authority. 12 The percentage change in the average number of families, which include dependent children or a pregnant woman, placed in temporary accommodation under the homelessness legislation in the current financial year compared with the average from the previous year.
.
Performance indicators for housing benefit and council tax benefit
7
1
For article 8(1), substitute —
1
The performance of the best value authorities specified in paragraph (2) in exercising their functions in relation to housing benefit and council tax benefit, shall be measured by reference to indicators 1 to 3, 5 and 6 in Schedule 6 to this Order.
.
2
In Schedule 6 (housing benefit and council tax benefit performance indicators), delete indicators 4 and 7.
Performance indicators for environmental services
8
1
For article 9, substitute —
9
1
The performance of waste disposal authorities, in exercising all of their functions, shall be measured by reference to indicators 1 to 5 and 7 to 9 in Schedule 7 to this Order.
2
the performance of waste collection authorities, in exercising all of their functions, shall be measured by reference to indicators 1, 2,5,6, 8 and 9 in Schedule 7 to this Order.
.
2
In Schedule 7 (environmental indicators) —
a
for indicator 2, substitute —
The percentage of the total tonnage of household waste arisings which have been sent by the authority for composting or for treatment by anaerobic digestion.
; and
b
delete indicators 10 and 11.
Performance indicators for transport
9
1
For article 11(1), substitute —
11
1
The performance of the best value authorities specified in paragraph (2), in exercising their transport functions, shall subject to paragraph (3), be measured by reference to indicators 1 to 9 in Schedule 9 to this Order.
.
2
In Schedule 9 (transport performance indicators) —
a
For indicator 3 substitute —
Road safety: the percentage change in road accident casualties, in the area of the authority, since —
a
the previous year; and
b
the 1994 to 1998 average
;and
b
delete indicators 10 and 11.
Performance indicators for planning
10
1
For article 12 (performance indicators for planning), substitute —
12
1
The performance of the best value authorities specified in paragraph (2), in exercising their planning functions, shall be measured by reference to indicators 1 to 6 in Schedule 10 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
the Common Council of the City of London in its capacity as a local authority;
b
the Council of the Isles of Scilly;
c
metropolitan district councils;
d
London Borough Councils;
e
non-metropolitan district councils; and
f
unitary councils.
3
The performance of the best value authorities specified in paragraph (4), in exercising their planning functions, shall be measured by reference to indicators 1 to 3 and 5 to 6 in Schedule 10 to this Order.
4
The best value authorities specified for the purposes of paragraph (3) are —
a
the Broads authority; and
b
National Park authorities.
5
The performance of county councils, which are not unitary councils, in exercising their planning functions, shall be measured by reference to indicators 3 and 6 in Schedule 10 to this Order.
.
2
For Schedule 10 (planning performance indicators), substitute —
SCHEDULE 10
PLANNING PERFORMANCE INDICATORS
Article 12
Indicator number Description of indicator
1 The percentage of new homes built on previously developed land. 2 The percentage of appeals allowed against the authority’s decision to refuse planning applications. 3
The percentage of applications determined in line with the
Government’s control targets to determine, during the current financial year —
percentage of major applications determined within 13 weeks;
percentage of minor applications determined within 8 weeks; and
percentage of other applications determined within 8 weeks.
4 The percentage of standard searches carried out in 10 working days or less. 5 Compliance with the quality service checklist found in ‘Best Value Performance Indicator – Quality of service checklist (20 th February 2004)’ 6
a
Does the authority have a development plan that has been adopted, or alterations that have been adopted, in the last five years where the end date of the plan has not expired?
b
If no, does the authority have proposals for an alteration or replacement, with a published timetable for adopting those alterations or the replacement plan within three years.
.
Performance standards for planning
11
1
For article 13 (performance standards for planning), substitute —
13
1
The best value authorities specified in paragraph (2), in exercising their planning functions shall, in relation to indicator 3(a) (major applications) in Schedule 10 to this Order, meet standard 1 as specified in Schedule 11 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
London Borough of Barnet;
London Borough of Bexley;
Birmingham City Council;
Blaby District Council;
Bracknell Forest Borough Council;
Brighton and Hove City Council;
London Borough of Camden;
Carrick District Council;
City of Westminster;
Dacorum Borough Council;
East Hertfordshire District Council;
East Northamptonshire District Council;
Eastbourne Borough Council;
London Borough of Enfield;
Erewash Borough Council;
Fenland District Council;
Guildford Borough Council;
London Borough of Hackney;
London Borough of Harrow;
London Borough of Hillingdon;
Medway Council;
Mendip District Council;
Mid Devon District Council;
North Dorset District Council;
Nuneaton and Bedworth Borough Council;
Oxford City Council;
Plymouth City Council;
Redditch Borough Council;
Ribble Valley Borough Council;
Sedgemoor District Council;
Selby District Council;
Slough Borough Council;
Southampton City Council;
South Bedfordshire District Council;
Stroud District Council;
London Borough of Sutton;
Swindon Borough Council;
Teignbridge District Council;
Test Valley Borough Council;
Thurrock Council;
Torridge District Council;
Wakefield District Council;
Warrington Borough Council;
Watford Borough Council;
West Berkshire District Council;
West Wiltshire District Council;
Royal Borough of Windsor and Maidenhead;
Worcester City Council;
Wycombe District Council; and
York City Council.
3
The best value authorities specified in paragraph (4), in exercising their planning functions, shall in relation to indicator 3(b)(minor applications) in Schedule 10 to this Order, meet standard 2 as specified in Schedule 11 to this Order.
4
The best value authorities specified for the purposes of paragraph 3 are —
Amber Valley Borough Council;
London Borough of Barking and Dagenham;
Blaby District Council;
Boston Borough Council;
Crewe and Nantwich Borough Council;
East Devon District Council;
East Hertfordshire District Council;
East Northamptonshire District Council;
Forest Heath District Council;
London Borough of Hackney;
Harrogate Borough Council;
London Borough of Harrow;
Hertsmere Borough Council;
London Borough of Hillingdon;
Kettering Borough Council;
Lake District National Park;
North Cornwall District Council;
North Hertfordshire District Council;
North Tyneside Metropolitan Borough Council;
Plymouth City Council;
London Borough of Redbridge;
Redditch Borough Council;
Ryedale District Council;
St Albans City and District Council;
Selby District Council;
South Bedfordshire District Council;
South Holland District Council;
South Northamptonshire District Council;
South Staffordshire District Council;
Southend on Sea Borough Council;
Stockton on Tees Borough Council;
Suffolk Coastal District Council;
London Borough of Sutton;
Swindon Borough Council;
London Borough of Waltham Forest;
Watford Borough Council;
Waverly Borough Council;
Royal Borough of Windsor and Maidenhead; and
York City Council.
5
The best value authorities specified in paragraph (6), in exercising their planning functions, shall in relation to indicator (3)(c)(other applications) in Schedule 10 to this Order, meet standard 3 as specified in Schedule 11 to this Order.
6
The best value authorities specified for the purposes of paragraph (5) are —
Amber Valley Borough Council;
Boston Borough Council;
London Borough of Camden;
Crawley Borough Council;
Crewe and Nantwich Borough Council;
East Hertfordshire District Council;
East Northamptonshire District Council;
London Borough of Hackney;
Harrogate Borough Council;
London Borough of Hillingdon;
Kettering Borough Council;
Lake District National Park;
City of London;
Mid Devon District Council;
Newcastle-upon-Tyne City Council;
North Cornwall District Council;
North Hertfordshire District Council;
North Tyneside Metropolitan Borough Council;
Plymouth City Council;
Preston City Council;
Ribble Valley Borough Council;
Rother District Council;
Ryedale District Council;
St Albans City and District Council;
South Holland District Council;
South Staffordshire District Council;
Southend on Sea Borough Council;
Suffolk Coastal District Council;
London Borough of Tower Hamlets;
Trafford Metropolitan Borough Council;
London Borough of Waltham Forest;
Watford Borough Council;
Royal Borough of Windsor and Maidenhead; and
York City Council.
.
2
For Schedule 11 (planning standards), substitute —
SCHEDULE 11
PLANNING PERFORMANCE STANDARDS
Article 13
Standard number Description of standard
1 That during the current financial year, fifty two percent of major planning applications must be determined within thirteen weeks. 2 That during the current financial year, fifty eight percent of minor planning applications must be determined within eight weeks. 3 That during the current financial year ,seventy three percent of other applications must be determined within eight weeks.
Performance indicators for cultural and related services
12
1
For article 15, substitute —
15
1
The performance of the best value authorities specified in paragraph (2), in exercising their functions in relation to cultural and related services, shall be measured by reference to indicators 3 and 4 in Schedule 13 to this Order.
2
The best value authorities specified for the purposes of paragraph (1) are —
a
county councils;
b
metropolitan district councils;
c
unitary councils; and
d
London Borough Councils.
3
The performance of the Council of the Isles of Scilly, in exercising its functions in relation to cultural and related services, shall be measured by reference to indicator 4 in Schedule 13 to this Order.
.
2
In Schedule 13 ( cultural and related services performance indicators), delete indicators 1,2 and 5.
Signed by authority of the First Secretary of State,
Phil Hope
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
4th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment) Regulations 2004 and shall come into force on 16th February 2004.
Amendments to Schedule 1
2
The Table in Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1998 shall be further amended by the addition of the following item at the end of the Table —
58 2003/102/EC† L 321, 6.12.2003, p.15 Pedestrian protection
Signed by the authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
13th January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions) (Complaints Relating to General Insurance and Mortgages) Order 2004.
2
This Order comes into force —
a
in so far as it relates to a complaint relating to an activity to which, immediately before 31st October 2004, the MCAS Scheme applied, on 31st October 2004;
b
for all other purposes, on 14th January 2005.
3
In this Order —
“ the Act ” means the Financial Services and Markets Act 2000;
“former scheme” means the GISC Facility or, as the case may be, the MCAS Scheme;
“GISC Facility” means the Dispute Resolution Facility established by the General Insurance Standards Council;
“MCAS Scheme” means the Mortgage Code Arbitration Scheme;
“new scheme” means the ombudsman scheme provided for by Part 16 of the Act (the ombudsman service);
“relevant commencement date” means —
in relation to a complaint which relates to an activity to which, immediately before 14th January 2005, the GISC Facility applied, the beginning of 14th January 2005;
in relation to a complaint which relates to an activity to which, immediately before 31st October 2004, the MCAS Scheme applied, the beginning of 31st October 2004.
Complaints made after commencement about acts or omissions before commencement
2
1
Subject to the provisions of this Order, the compulsory jurisdiction resulting from section 226 of the Act applies to a complaint referred to the new scheme after the relevant commencement date which relates to an act or omission occurring before that date if the conditions mentioned in paragraph (2) are satisfied (notwithstanding that the conditions in subsection (2)(b) and (c) of that section are not met).
2
The conditions are that —
a
the act or omission is that of a person (“R”) who, at the time of that act or omission, was subject to a former scheme;
b
R was an authorised person on or after the relevant commencement date;
c
the act or omission occurred in the carrying on by R of an activity to which that former scheme applied; and
d
the complainant is eligible and wishes to have the complaint dealt with under the new scheme.
3
For the purposes of paragraph (2)(d), where the complainant is not eligible in accordance with the rules made under section 226(6) and (7) of the Act (power to specify in rules the classes of persons who are eligible complainants), an ombudsman may nonetheless, if he considers it appropriate, treat the complainant as eligible if he would have been entitled to refer an equivalent complaint to the former scheme in question immediately before the relevant commencement date.
4
Where the former scheme in question is the GISC Facility, a complainant is not to be treated as eligible for the purposes of paragraph (2)(d) unless —
a
he is an individual; and
b
he is acting otherwise than solely for the purposes of his business.
5
Where the former scheme in question is the MCAS Scheme, a complainant is not to be treated as eligible for the purposes of paragraph (2)(d) if —
a
the complaint does not relate to a breach of the Mortgage Code ;
b
the complaint concerns physical injury, illness, nervous shock or their consequences; or
c
the complainant is claiming a sum of money that exceeds £100,000.
6
A complaint falling within paragraph (1) is referred to in this Order as a “relevant transitional complaint”.
Procedure applying to relevant transitional complaints
3
In paragraph 13 of Schedule 17 to the Act (Authority’s procedural rules) —
a
the references to a complaint are to be taken to include a relevant transitional complaint; and
b
the references to the ombudsman scheme are, in relation to a relevant transitional complaint, to be taken to mean the new scheme as it applies to such complaints by virtue of this Order; and
c
in sub-paragraph (4), the reference to complaints which may be referred to the scheme is to be taken to include any complaint which may be referred to the scheme as a relevant transitional complaint.
Scheme rules applying to relevant transitional complaints
4
1
In paragraph 14 of Schedule 17 to the Act (the scheme operator’s rules) —
a
references to “complaints” are to be taken to include relevant transitional complaints;
b
sub-paragraph (2)(a) (matters which are to be taken into account in making determinations) does not apply to a relevant transitional complaint.
2
In deciding whether a relevant transitional complaint is to be dismissed without consideration of its merits as mentioned in paragraph 14(2)(b) of that Schedule, an ombudsman must take into account whether an equivalent complaint would have been so dismissed under the former scheme in question, as it had effect immediately before the relevant commencement date; and any scheme rules made under paragraph 14(2)(b) and (3) of that Schedule (rejection of a complaint without consideration of its merits) are to be construed accordingly.
Determination of relevant transitional complaints
5
1
Sections 228 to 232 of the Act apply in relation to a relevant transitional complaint as they apply in relation to a complaint of the kind mentioned in section 226(1) of the Act (compulsory jurisdiction), subject to paragraph (2).
2
In determining, in relation to a relevant transitional complaint —
a
what is fair and reasonable in all the circumstances of the case, for the purposes of section 228(2) of the Act, and
b
what amount (if any) constitutes fair compensation for the purposes of section 229(2)(a) of the Act,
an ombudsman is to take into account what determination might have been expected to be made under the former scheme in question, and what amount (if any) might have been expected to be awarded or recommended by way of compensation under that scheme, in relation to an equivalent complaint dealt with under the former scheme immediately before the relevant commencement date.
Funding and fees
6
1
In section 234(1) of the Act (industry funding), the reference to the operation of the new scheme in relation to the compulsory jurisdiction is to be taken to include the operation of the scheme in relation to relevant transitional complaints.
2
In paragraph 15 of Schedule 17 to the Act (fees), the references to a complaint are to be taken to include a relevant transitional complaint.
3
Any fee which, by reason of paragraph (2), is owed to the scheme operator by a respondent who is not an authorised person, may be recovered as a debt due to the scheme operator.
Exemption from liability in damages
7
In paragraph 10(1) of Schedule 17 to the Act (exemption from liability in damages), the reference to functions under the Act in relation to the compulsory jurisdiction is to be taken to include functions exercisable by virtue of this Order.
Privilege
8
In paragraph 11 of Schedule 17 to the Act (privilege), the reference to a complaint which is subject to the compulsory jurisdiction is to be taken to include a relevant transitional complaint.
Record-keeping and reporting requirements relating to relevant transitional complaints
9
The Authority may make rules applying to authorised persons with respect to the keeping of records and the making of reports in relation to relevant transitional complaints.
Application of definition of “consumer” to customers of firms before commencement
10
1
In section 138 of the Act (Authority’s general rule-making power) , “consumers” includes (in addition to persons defined as “consumers” in subsection (7)) persons —
a
who before commencement used services provided by a person (“P”) who was, in relation to those services, subject to a former scheme;
b
who have rights or interests which are derived from or are otherwise attributable to, the use of such services by other persons; or
c
who have rights or interests which may be adversely affected by the use of any such services by persons acting on their behalf or in a fiduciary capacity in relation to them.
2
The definition of “consumers” in paragraph (1) is referred to in this article as “the extended definition”.
3
For the purposes of the extended definition, subsections (8) and (9) of section 138 of the Act apply as if —
a
references to an authorised person were references to P; and
b
references to carrying on a regulated activity were references to activities to which the former scheme applied.
4
The extended definition applies only for the purposes of section 5(3) (the protection of consumers), section 10(7) (the Consumer Panel), section 14(5) (cases in which the Treasury may arrange independent inquiries), section 186(6) (objection to acquisition of control) and section 391(11) (publication of notices) of the Act.
5
But the extended definition does not apply for the purposes of paragraph 1 of Schedule 4 to the Act (Treaty rights).
Information
11
1
Any information held by any person responsible for the operation of a former scheme (“the former holder”) in connection with the operation of a former scheme may be disclosed by that person to the scheme operator or to an ombudsman (“the new holder”).
2
Any such disclosure is not to be treated as contravening any restriction on disclosure of the information (imposed by statute or otherwise) to which the former holder is subject.
3
When information has been disclosed in accordance with this article, the new holder is to be treated as subject to any such restriction on disclosure as would have applied to the former holder (subject to any exceptions which would have so applied).
4
But paragraph (3) does not prevent the application of section 31(4A) of the Data Protection Act 1998 to information which has been disclosed in accordance with this article.
5
Sections 231 and 232 apply in relation to relevant transitional complaints as they apply in relation to complaints relating to acts or omissions occurring after commencement.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners' of Her Majesty’s Treasury
25th February 2004