text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use and Medical Devices (Fees Amendments) Regulations 2004 and shall come into force on 1st April 2004.
2
In these Regulations —
“the Devices Regulations ” means the Medical Devices (Consultation Requirements) (Fees) Regulations 1995 ;
“the General Fees Regulations ” means the Medicines (Products for Human Use — Fees) Regulations 1995 ; and
“the Homoeopathic Products Regulations ” means the Medicines (Homoeopathic Medicinal Products for Human Use) Regulations 1994 .
Amendment of the Homoeopathic Products Regulations
2
1
The Homoeopathic Products Regulations are amended as follows.
2
In regulation 14 (fees for variations of certificates) —
a
in paragraph (2)(a), for “£216” substitute “£218”;
b
in paragraph (2)(b)(i), for “£216” substitute “£218”;
c
in paragraph (2)(b)(ii), for “£216” substitute “£218”;
d
in paragraph (2)(b)(iii), for “£108” substitute “£110”; and
e
in paragraph (2)(b)(iv), for “£54” substitute “£55”.
3
In regulation 15(1) (fees payable by holders of certificates), for “£14” substitute “£15”.
4
In the Table in Schedule 2 (fees for applications for the grant of certificates of registration) —
a
in column (2) (fees for applications in respect of products prepared from not more than 5 homoeopathic stocks) —
i
for “£132” substitute “£134”,
ii
for “£397” substitute “£402”, and
iii
for “£656” substitute “£664”; and
b
in column (3) (fees for other applications) —
i
for “£326” substitute “£330”,
ii
for “£585” substitute “£592”, and
iii
for “£859” substitute “£869”.
Amendment of regulation 3 of the Devices Regulations
3
In regulation 3 of the Devices Regulations (fees) —
a
in paragraph (1)(a), for “£3,533” substitute “£3,575”;
b
in paragraph (1)(b), for “£8,234” substitute “£8,333”;
c
in paragraph (2)(a), for “£699” substitute “£707”;
d
in paragraph (2)(b), for “£1,955” substitute “£1,978”;
e
in paragraph (3)(a), for “£3,533” substitute “£3,575”;
f
in paragraph (3)(b), for “£8,234” substitute “£8,333”;
g
in paragraph (4)(a), for “£699” substitute “£707”;
h
in paragraph (4)(b), for “£1,955” substitute “£1,978”;
i
in paragraph (5)(a), for “£36,126” substitute “£36,560”; and
j
in paragraph (5)(b), for “£8,969” substitute “£9,077”.
Amendment of regulation 2 of the General Fees Regulations
4
In regulation 2 of the General Fees Regulations (interpretation), in paragraph (1) —
a
after the definition of “concerned member State” insert the following definition —
“contract laboratory” means a laboratory carrying out the tests specified in paragraph 5A(2) of Schedule 2 or paragraph 8(3)(a) of Schedule 3 to the Medicines (Standard Provisions for Licences and Certificates) Regulations 1971 on behalf of a holder of a manufacturer’s licence or a wholesale dealer’s licence, pursuant to Article 20(b) of the 2001 Directive;
;
b
after the definition of “medicinal product” insert the following definition —
“operator”, in relation to a contract laboratory, means the person having control of the contract laboratory;
; and
c
after the definition of “parallel import licence” insert the following definition —
“penalty fee” means a fee payable under regulation 18A;
.
Amendment of Part IA of the General Fees Regulations
5
1
Part IA of the General Fees Regulations (capital fees for pre-application meetings) is amended as follows.
2
In regulation 3A —
a
after the definition of “ EC marketing authorization” insert the following definitions —
“pharmacovigilance advice” means advice, other than scientific advice, which falls within one or more of the descriptions specified in paragraphs (a) and (b) —
the advice is in connection with an application for an EC marketing authorization, or is given with a view to a person making such an application, and relates to —
the obligations that would relate to the holder of such an authorization by virtue of Title IX of the 2001 Directive or Chapter 3 of Title II of Council Regulation ( EEC ) No. 2309/93 , or
a post-authorization safety study protocol,
the advice is given to the holder of a United Kingdom marketing authorization or a Community marketing authorization and relates to —
compliance with the obligations that relate to him by virtue of Title IX of the 2001 Directive or Chapter 3 of Title II of Council Regulation (EEC) No. 2309/93 , or
a post-authorization safety study protocol;
“post-authorization safety study protocol” means a document that describes the objectives, design, methodology, statistical considerations and organisation of a post-authorization safety study;
“product range” means one or more medicinal products containing the same active substance in relation to which the same person holds more than one EC marketing authorization;
; and
b
after the definition of “quality development” insert the following definition —
“regulatory advice” means advice, other than scientific advice, in relation to the requirements of the 2001 Directive or Council Regulation (EEC) No. 2309/93 and which falls within one or more of the descriptions specified in paragraphs (a) to (c) —
the advice is in connection with a change to the dates for renewal of one or more EC marketing authorizations relating to a product range pursuant to Article 24 of the 2001 Directive,
the advice is in connection with —
a referral pursuant to Article 30, 31 or 36 of the 2001 Directive, or
the procedure referred to in Article 35(2) of the 2001 Directive,
in relation to a product range, or
the advice is given to a person with a view to him making —
an application for the variation or renewal of one or more EC marketing authorizations, or
an application to amend the time periods for submitting Periodic Safety Update Reports under Article 104(6) of the 2001 Directive,
in relation to a product range.
.
3
After regulation 3B, insert the following regulations —
3BA
Subject to regulation 19, where the licensing authority holds a meeting with the holder of a marketing authorization for the purpose of providing advice to him before the publication of advertising of a medicinal product by his undertaking on whether that advertising conforms to the requirements of Title VIII of the 2001 Directive, there shall be payable by the holder of that authorization a fee of £1,346.
3BB
1
Subject to regulation 19, where the licensing authority holds a meeting with a person for the purpose of providing pharmacovigilance advice to that person, there shall be payable by that person —
a
in a case where the time taken by the licensing authority to prepare for and attend the meeting is more than six hours, a fee of £1,690,
b
in any other case, a fee of £1,346.
2
The time taken by the licensing authority for the purposes of paragraph (1) shall be the aggregate of times spent by each individual engaged in preparing for or attending the meeting on behalf of the authority.
3BC
Subject to regulation 19, where the licensing authority holds a meeting with the holder of one or more marketing authorizations for the purpose of providing advice to that person on proposed changes to the labelling or the package leaflets of the medicinal products to which those authorizations relate, there shall be payable by that person a fee of £1,012.
3BD
Subject to regulation 19, where the licensing authority holds a meeting with the holder of a marketing authorization for the purpose of providing regulatory advice to that person, there shall be payable by that person a fee of £1,346.
.
Amendment of regulation 4 of the General Fees Regulations
6
In regulation 4 of the General Fees Regulations (applications for authorizations, licences or certificates), after “paragraphs 2 to 6 of that Schedule”, insert —
,
except that where such an inspection is made of a contract laboratory the fee in respect of that inspection shall be payable by the operator of that laboratory
.
Amendment of regulation 5 of the General Fees Regulations
7
In regulation 5 of the General Fees Regulations (inspections in connection with multiple applications for authorizations or licences) after “an inspection mentioned in regulation 4(b)”, insert “, except for an inspection of a contract laboratory,”.
Amendment of regulation 7 of the General Fees Regulations
8
In regulation 7 of the General Fees Regulations (variations of authorizations, licences or certificates), —
a
in paragraph (1) after “Subject to” insert “paragraph (3) and”; and
b
after paragraph (2) insert the following paragraph —
3
Where an inspection referred to in paragraph (2)(a) is an inspection of a contract laboratory, the fee in respect of that inspection shall be payable by the operator of that laboratory.
.
Amendment of regulation 8 of the General Fees Regulations
9
In regulation 8 of the General Fees Regulations (inspections in connection with multiple applications for variations of authorizations and licences) after “an inspection”, insert “, except for an inspection of a contract laboratory,”.
Amendment of regulation 13 of the General Fees Regulations
10
In regulation 13 of the General Fees Regulations (fees for inspections), in paragraph (2), after “holder of that licence”, insert “, except that where an inspection is made of a contract laboratory the fee shall be payable by the operator of that laboratory”.
Amendment of Part VII of the General Fees Regulations
11
After regulation 18 (time for payment of periodic fees), insert the following regulations —
Penalty fees for late payment of periodic fees
18A
1
Subject to paragraph (2), if a person has failed to pay a periodic fee, at the time it should have been paid by virtue of regulation 18, a penalty fee shall be payable by that person.
2
A penalty fee is payable only if after 60 days following written notice from the licensing authority requiring payment of that fee, the fee remains unpaid.
3
Subject to regulation 18B, the penalty fee shall be —
a
£100 where the total periodic fee unpaid by a person after 60 days following the notice referred to in paragraph (2) exceeds £200, or
b
£50 where the total periodic fee unpaid by a person after such period does not exceed £200.
4
In paragraph (3), the “total periodic fee” means the aggregate of all the periodic fees payable by a person in connection with all the authorizations or licences held by that person.
18B
If the periodic fee and penalty fee under regulation 18A (“the outstanding amount”) have not been paid within 90 days following the written notice from the licensing authority, the amount of penalty fee payable shall be the amount specified in regulation 18A(3) plus £5 for each day of the period which —
a
begins with the day 90 days from the date of the written notice; and
b
ends with the day before that on which payment of the outstanding amount is actually made.
18C
The licensing authority may refund or waive payment of the penalty fee, or reduce the amount payable, where it is satisfied that the holder of the authorization or licence was not responsible for the failure to pay the periodic fee within the period specified in regulation 18A(2) or 18B.
Amendment of Part I of Schedule 1 to the General Fees Regulations
12
In Part I of Schedule 1 to the General Fees Regulations (interpretation), in paragraph (1) —
a
in the definition of “complex application”, after sub-paragraph (b) insert the following sub-paragraph —
bb
the application is an application for a marketing authorization to which the first sub-paragraph of paragraph 3 of Part II of Annex I to the 2001 Directive applies;
; and
b
in the definition of “simple application”, in sub-paragraph (a), after “other than” insert “an application to which the first sub-paragraph of paragraph 3 of Part II of Annex I to the 2001 Directive applies or”.
Amendment of Schedule 2 to the General Fees Regulations
13
1
Schedule 2 to the General Fees Regulations (fees for inspections) is amended as follows.
2
In sub-paragraph (1) of paragraph 1 —
a
after the definition of “non-routine inspection” insert the following definition —
“principles of good laboratory practice” means —
a
the principles of good laboratory practice set out in Schedule 1 to the Good Laboratory Practice Regulations 1999 , read with
b
the revised guidance for the conduct of test facility inspections and study audits set out in Schedule 2 to those Regulations;
; and
b
in the definition of “principle or guideline of good manufacturing practice” , for “Chapter II of Commission Directive 91/356/EEC laying down the principles and guidelines of good manufacturing practice for medicinal products for human use” substitute “Commission Directive 2003/94/EC laying down the principles and guidelines of good manufacturing practice for medicinal products for human use and for investigational medicinal products for human use”.
3
After paragraph 4, insert the following paragraph —
4A
1
Subject to sub-paragraph (2), the fee payable in respect of an inspection of a contract laboratory pursuant to Article 20(b) and Article 111 of the 2001 Directive shall be —
a
if the laboratory carries out only one type of analytical work, £2,000,
b
if the laboratory carries out two types of analytical work, £3,000, and
c
if the laboratory carries out three or more types of analytical work, £4,000.
2
Where an inspection referred to in sub-paragraph (1) takes place at the same time as an inspection, by a person appointed by the Good Laboratory Practice Monitoring Authority under regulation 3(4) of the Good Laboratory Practice Regulations 1999, for the purposes of ascertaining whether a contract laboratory complies with the principles of good laboratory practice, the fee payable shall be —
a
if the laboratory carries out only one type of analytical work, £500,
b
if the laboratory carries out two types of analytical work, £1,250, and
c
if the laboratory carries out three or more types of analytical work, £2,000.
3
The types of analytical work referred to in sub-paragraphs (1) and (2) are —
a
physico-chemical analysis,
b
microbiological analysis including sterility testing,
c
LAL endotoxin analysis, and
d
rabbit pyrogen testing.
.
Amendment of Schedule 5 to the General Fees Regulations
14
In Schedule 5 to the General Fees Regulations (waiver, reduction or refund of capital fees), in paragraph 1A , after sub-paragraph (1) insert the following sub-paragraph —
1A
Where the licensing authority holds a meeting referred to in regulations 3BA to 3BD and that meeting was held at the request of the authority, any fee payable under those regulations in respect of that meeting may be waived.
.
Amendment of the General Fees Regulations
15
In each provision of the General Fees Regulations specified in the entries in column (1) of the Schedule to these Regulations (the content of which is described in column (2) of that Schedule), for the amount specified opposite that provision in column (3) of that Schedule substitute the amount specified opposite that provision in column (4) of that Schedule.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
9th March 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
Gowdy D. C.
Permanent Secretary,
Department of Health, Social Services and Public Safety
8th March 2004
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
9th March 2004
We consent,
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Air Carrier Liability (No. 2) Regulations 2004 and shall come into force on 23rd August 2004.
Amendment of article 2 of the Carriage by Air Acts (Application of Provisions) Order 2004
2
For the definition of “the Council Regulation” in article 2 of the Carriage by Air Acts (Application of Provisions) Order 2004 there shall be substituted —
“the Council Regulation” means Council Regulation ( EC ) No. 2027/97 as amended by Regulation (EC) No. 889/2002 of the European Parliament and of the Council as it has effect in accordance with the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 as amended by the Decisions of the EEA Joint Committee No. 34/98 of 30th April 1998 and No. 142/2002 of 8th November 2002 ;
.
Amendment of the Air Carrier Liability Regulations 2004
3
In regulation 4 of the Air Carrier Liability Regulations Order 2004 for “level 5 on the standard scale” there shall be substituted “the statutory maximum”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under-Secretary of State,
Department for Transport
27th July 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Wiltshire (Electoral Changes) Order 2004.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
Interpretation
2
In this Order –
“county” means the county of Wiltshire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made; and
references to wards, unless the context otherwise requires, are references to district wards in the county .
Electoral divisions of the county of Wiltshire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into forty-six electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
Electoral registers
4
The Electoral Registration Officer for each district in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
5
The County of Wiltshire (Electoral Arrangements) Order (1993) is revoked.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


text:
1
This Order may be cited as the A47 Trunk Road (Leicester to A1) (Detrunking) Order 2004 and shall come into force on 4th October 2004.
2
In this Order —
i
“the principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State;
ii
“the trunk road” means the A47 Trunk Road; and
iii
“the plan” means the plan, numbered HA 10/OD/450, marked “The A47 Trunk Road (Leicester to A1) (Detrunking) Order 2003 ”, signed by authority of the Secretary of State for Transport and deposited at DFT Record Management Branch, Ashdown House, Sedlescombe Road North, St Leonards-On-Sea, East Sussex, TN37 7GA.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
Divisional Director Highways Agency
2nd August 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Working Neighbourhoods) Regulations 2004 and shall come into force on 26th April 2004.
Interpretation and application
2
1
In these Regulations —
“the 1998 Act ” means the Social Security Act 1998 ;
“benefit week” means any period of seven days corresponding to the week in respect of which the relevant specified benefit is due to be paid;
“benefit recipient” means a person who —
has attained the age of 18 but has not attained the age of 60; and
is receiving any of the specified benefits at a higher rate referable to a partner;
“direction” means a direction to participate in an employment zone programme;
“employment zone” means the areas within Great Britain listed within Part 2 of the Schedule which are subject to the designation in regulation 16 for the purposes of these Regulations by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 as areas wherein employment zone programmes subject to these Regulations are established ;
“employment zone programme” means a programme which is designed to assist jobseekers to obtain sustainable employment and which is established by the Secretary of State pursuant to section 60 of the Welfare Reform and Pensions Act 1999 for an employment zone;
“incapacity-based income support” means income support where paragraph 7(persons incapable of work) of Schedule 1B to the Income Support (General) Regulations 1987 applies;
“interview” means a work-focused interview with a relevant person which is conducted for any or all of the following purposes —
assessing that relevant person’s prospects for existing or future employment (whether paid or voluntary);
assisting or encouraging that relevant person to enhance his prospects of such employment;
identifying activities which that relevant person may undertake to strengthen his existing or future prospects of employment;
identifying current or future employment, training or, if appropriate, rehabilitation opportunities suitable to that relevant person’s needs;
identifying educational opportunities connected with the existing or future employment prospects or needs of that relevant person;
identifying financial incentives that may be available to support the existing or future employment prospects of that relevant person;
“jobseeker” means a person claiming a jobseeker’s allowance;
“officer” means —
a person who is an officer of the Secretary of State; or
for the purposes of regulations 3 to 15, a person who is providing services to or exercising functions of the Secretary of State; or
for the purposes of regulations 16 to 21, such other person as may be designated as an employment officer for the purposes of sections 8 or 19 of the Jobseekers Act 1995 by an order made by the Secretary of State;
“partner” means a person who is a member of the same couple as a benefit recipient, or, in a case where a benefit recipient has more than one partner, a person who is a partner of the benefit recipient by reason of a polygamous marriage;
“personal capability assessment” means the assessment defined in Part III of the Social Security (Incapacity for Work) (General) Regulations 1995 (personal capability assessment);
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
“relevant person” means a person to whom regulations 3 to 15 apply by virtue of paragraph (3);
“specified benefit” means —
income support;
incapacity benefit;
severe disablement allowance; or
in relation to a requirement to take part in an interview for a partner only, an income-based jobseeker’s allowance other than a joint-claim jobseeker’s allowance.
2
For the purposes of section 60 of the Welfare Reform and Pensions Act 1999 “employment” means employment whether under a contract of service or a contract of apprenticeship, or a contract for services, or otherwise than under a contract, and includes in particular self-employment and the holding of an office.
3
Regulations 3 to 15 apply to a person who —
a
ordinarily resides in an area identified in either Part 1 or Part 2 of the Schedule;
b
has attained the age of 18 but has not attained the age of 60; and
c
either —
i
makes a claim for income support or incapacity benefit on or after 26th April 2004, or
ii
has been continuously entitled to income support (apart from incapacity-based income support) from a date before 26th April 2004, or
iii
is a partner.
4
Subject to regulation 21, regulations 17 to 20 apply to a jobseeker who —
a
ordinarily resides in an area identified in Part 2 of the Schedule; and
b
has attained the age of 18.
Requirement for a relevant person claiming certain benefits to take part in an interview
3
Subject to regulations 6 and 7, a relevant person who makes a claim for income support or incapacity benefit is required to take part in an interview as a condition of the claim for that benefit.
Continuing entitlement to payment of full amount of a specified benefit dependent upon an interview
4
1
Subject to paragraphs (3) and (4) and regulations 6 to 9, a relevant person is required to take part in an interview —
a
at the intervals prescribed in paragraph (2), and
b
when any of the circumstances specified in paragraph (5) apply,
as a condition of that person, or, where the relevant person is a partner, the benefit recipient continuing to be paid the full amount of a specified benefit which is payable apart from these Regulations.
2
A requirement under paragraph (1) shall arise at intervals of 13 weeks commencing with the day on which a relevant person attends an interview, with the first such requirement arising —
a
13 weeks from the day on which a relevant person attends an interview as a result of a requirement arising under regulation 3; or
b
where a relevant person does not make a claim for income support or incapacity benefit and a requirement does not arise under regulation 3, on the day that the relevant person becomes subject to these Regulations by virtue of regulation 2(3).
3
A relevant person shall not be required to attend more than —
a
five interviews by virtue of paragraph (2) in relation to any one claim by the relevant person for incapacity benefit or incapacity-based income support; or
b
eight interviews under this regulation in relation to any other claim for or award of income support or where the relevant person is a partner.
4
Where a relevant person —
a
has attended five interviews by virtue of paragraph (2) in relation to any one claim for incapacity benefit or incapacity-based income support, or
b
is treated as incapable of work in accordance with the provisions of regulation 10 of the Social Security (Incapacity for Work)(General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work) and is subject to the exemption in regulation 8(1),
a requirement under paragraph (1) shall arise when any of the circumstances specified in paragraph (5) apply.
5
The circumstances specified for the purpose of paragraph (4) are those where —
a
it is determined in accordance with a personal capability assessment that the relevant person is incapable of work and therefore continues to be entitled to a specified benefit;
b
the relevant person’s entitlement (if any) to a carer’s allowance ceases whilst his entitlement to a specified benefit continues;
c
the relevant person becomes engaged or ceases to be engaged in part-time work; or
d
the relevant person has been undergoing education or training, or has been participating in a rehabilitation programme or a programme provided in pursuance of arrangements made under section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or under section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc. ), which has been arranged by an officer and that education, training or programme comes to an end or the relevant person leaves it before completing it.
Time when interview is to take place
5
An officer shall arrange for an interview to take place as soon as reasonably practicable after —
a
a requirement under regulation 3 or regulation 4(1) arises; or,
b
in a case where regulation 7(1) applies, the time when that requirement is to apply by virtue of regulation 7(2).
Waiver of requirement to take part in an interview
6
1
A requirement under these Regulations to take part in an interview shall not apply where an officer determines that an interview would not —
a
be of assistance to the relevant person concerned; or
b
be appropriate in the circumstances.
2
A relevant person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) shall be treated for the purposes of regulation 3 or 4 as having complied with that requirement in respect of that interview.
Deferment of requirement to take part in an interview
7
1
The requirement for a relevant person to take part in an interview shall be deferred, in the case of a requirement under regulation 3, at the time the relevant person makes his claim, or, in the case of a requirement under regulation 4, at the time the requirement to take part in an interview arises or applies until a time determined by an officer, if the officer determines that an interview would not until that time —
a
be of assistance to that relevant person; or
b
be appropriate in the circumstances.
2
The officer shall determine the time when the requirement to take part in an interview is to apply to the relevant person at the time when the requirement to take part in an interview is deferred in accordance with paragraph (1) above.
3
Where a requirement to take part in an interview has been deferred in accordance with paragraph (1), then until —
a
a determination is made under regulation 6(1);
b
the relevant person takes part in an interview; or
c
a relevant decision has been made in relation to that relevant person in accordance with regulation 11(4),
that relevant person shall be treated for the purposes of regulation 3 or 4 as having complied with that requirement, and no further requirements to take part in interviews shall arise under regulation 4.
Exemptions
8
1
A relevant person, who on the day on which a requirement to take part in an interview arises or applies under regulation 4(1) or 7(2) is treated as incapable of work in accordance with the provisions of regulation 10 of the Social Security (Incapacity for Work) (General) Regulations 1995 (certain persons with a severe condition to be treated as incapable of work), shall be exempt from that and any further requirement to take part in an interview under regulation 4(1) unless one of the circumstances specified in regulation 4(5) applies.
2
A partner who, on the day on which a requirement to take part in an interview arises or applies under regulation 4(1) or 7(2), is in receipt of a specified benefit as a claimant in his own right shall be exempt from any requirement to take part in an interview under regulation 4(1) by virtue of being a partner.
Claims for two or more specified benefits
9
1
Subject to paragraph (2), a relevant person who would otherwise be required under regulation 4(1) to take part in interviews relating to more than one specified benefit —
a
is only required to take part in interviews in connection with one specified benefit during any period when the relevant person or, where the relevant person is a partner, the benefit recipient is in receipt of two or more specified benefits concurrently; and
b
those interviews shall count for the purposes of each of those benefits.
2
Where a relevant person who is in receipt of at least one specified benefit makes a claim for income support or incapacity benefit then —
a
he is required to take part in an interview under regulation 3, and
b
the next requirement to take part in an interview shall arise under regulation 4(1) in accordance with paragraph (2)(a) of that regulation.
The interview
10
1
An officer shall inform a relevant person who is required to take part in an interview of the date, place and time of the interview.
2
The officer may determine that an interview is to take place in the relevant person’s home where it would, in the officer’s opinion, be unreasonable to expect that relevant person to attend elsewhere because that relevant person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
3
An officer shall conduct the interview.
Taking part in an interview
11
1
The officer shall determine whether a relevant person has taken part in an interview.
2
A relevant person shall be regarded as having taken part in the first interview which he attends under these Regulations, whether as a result of a requirement arising under regulation 3 or 4, if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer in relation to the relevant person’s employability, including any action the relevant person and the officer agree is reasonable and they are willing to take in order to help the relevant person enhance his employment prospects;
c
he provides answers (where asked) to questions and appropriate information about —
i
details of and the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
his aspirations for future employment;
iv
any vocational training he has undertaken;
v
any skills he has acquired which fit him for employment;
vi
any vocational training or skills which he wishes to undertake or acquire;
vii
any paid or unpaid employment he is engaged in;
viii
the extent to which any medical condition, in his opinion, restricts his ability to undertake or puts him at a disadvantage in undertaking employment;
ix
his work related abilities;
x
any caring or childcare responsibilities he has; and
xi
his financial position and how this may be improved should he obtain or enhance his employment; and
d
he assists the officer in the completion of an action plan which records the matters discussed in relation to sub-paragraph (b).
3
A relevant person shall be regarded as having taken part in any subsequent interview which he attends as a result of requirements arising under either regulation 3 or 4 if —
a
he attends for the interview at the place and time notified to him by the officer;
b
he participates in discussions with the officer —
i
in relation to the relevant person’s employability or any progress he might have made towards obtaining or enhancing his employment;
ii
about any action the relevant person or the officer might have taken as a result of the matters discussed in relation to paragraph (2)(b);
iii
about his current aspirations towards employment;
iv
about how, if at all, the action plan referred to in paragraph (2)(d) should be amended;
v
in order to review any of the programmes and support available to help the relevant person obtain or enhance his employment; and
vi
in order to review his financial position and how this may be improved should he obtain or enhance his employment;
c
in the case of a relevant person in receipt of incapacity benefit or incapacity-based income support, he provides answers (where asked) to questions and appropriate information about —
i
the content of any report made following a personal capability assessment, insofar as that report relates to the relevant person’s capabilities and employability; and
ii
his opinion as to the extent to which his medical condition restricts his ability to undertake or enhance his employment; and
d
he assists the officer in the completion of any amendment of the action plan referred to in paragraph (2)(d) in the light of the matters discussed in relation to sub-paragraph (b) and, where relevant, the information provided in relation to sub-paragraph (c).
4
Where an officer determines that a relevant person has failed to take part in an interview and good cause has not been shown by the relevant person or, where the relevant person is a partner, by either the relevant person or the benefit recipient for that failure within five working days of the day on which the interview was to take place, a relevant decision shall be made for the purposes of section 2B of the Social Security Administration Act 1992 , and the relevant person and, where the relevant person is a partner, the benefit recipient shall be notified accordingly.
Failure to take part in an interview
12
1
Where a relevant decision has been made in accordance with regulation 11(4), a relevant person or, where the relevant person is a partner, the benefit recipient shall, subject to paragraph (13), suffer the consequences set out below.
2
Those consequences are —
a
where the requirement to take part in an interview arose under regulation 3 in connection with a claim for income support or incapacity benefit, that the relevant person to whom the claim relates is, subject to sub-paragraph (b), to be regarded as not having made that claim for that benefit;
b
where the requirement to take part in an interview which arose under regulation 3 in connection with a claim for income support or incapacity benefit was deferred and that benefit became payable by virtue of regulation 7(3), that the relevant person’s entitlement to that benefit shall terminate from the first day of the next benefit week following the date on which the relevant decision was made;
c
where the relevant person or, where the relevant person is a partner, the benefit recipient has an award of a specified benefit and the requirement to take part in an interview arose under regulation 4, the specified benefit payable in respect of which the requirement to take part in an interview arose shall be reduced.
3
The reduction made to benefit in accordance with paragraph (2)(c) shall (subject to paragraphs (4) and (5)) be by a sum equal to 20 per cent. of the amount applicable on the date the reduction commences in respect of a single claimant for income support aged not less than 25 and shall take effect either as from the first day of the next benefit week following the day on which the relevant decision was made, or, if the relevant person is a partner and if that date arises five days or less after the day on which the relevant decision was made, as from the first day of the second benefit week following the date of the relevant decision.
4
Benefit reduced in accordance with paragraph (2)(c) shall not be reduced below ten pence per week.
5
Where two or more specified benefits are in payment to a relevant person, or, where the relevant person is a partner, to the benefit recipient, a reduction made in accordance with this regulation shall be applied, except in a case to which paragraph (6) applies, to the specified benefits in the following order of priority —
a
an income-based jobseeker’s allowance;
b
income support;
c
incapacity benefit;
d
severe disablement allowance.
6
Where the amount of the reduction is greater than some (but not all) of the specified benefits listed in paragraph (5), the reduction shall be made against the first benefit in that list which is the same as, or greater than, the amount of the reduction.
7
For the purpose of determining whether a specified benefit is the same as, or greater than, the amount of the reduction for the purposes of paragraph (6), ten pence shall be added to the amount of the reduction.
8
In a case where the whole of the reduction cannot be applied against any one specified benefit because the amount of no one benefit is the same as, or greater than, the amount of the reduction, the reduction shall be applied against the first benefit in payment in the list of priorities at paragraph (5) and so on against each benefit in turn until the whole of the reduction is exhausted or, if this is not possible, the whole of the specified benefits are exhausted, subject in each case to ten pence remaining in payment.
9
Where the rate of any specified benefit payable to a relevant person, or, where a relevant person is a partner, to a benefit recipient changes, the rules set out above for a reduction in the benefit payable shall be applied to the new rates, and any adjustments to the benefits against which the reductions are made shall take effect from the beginning of the first benefit week to commence for that relevant person or benefit recipient following the change.
10
For the avoidance of doubt, paragraph (2)(c) shall apply each time a relevant decision is made in accordance with regulation 11(4) arising from a requirement to take part in an interview under regulation 4 in respect of a relevant person.
11
For the avoidance of doubt, a relevant person who is regarded as not having made a claim for income support or incapacity benefit because he failed to take part in an interview as a result of a requirement arising under regulation 3 shall be required to make a new claim in order to establish entitlement to that benefit.
12
For the purposes of determining the amount of any benefit payable, a relevant person, or where a relevant person is a partner, a benefit recipient shall be treated as receiving the amount of any specified benefit which would have been payable but for a reduction made in accordance with this regulation.
13
Benefit shall not be reduced in accordance with this regulation where a relevant person or, where the relevant person is a partner, the relevant person or the benefit recipient, brings new facts to the notice of the Secretary of State within one month of the date on which the decision that the relevant person failed without good cause to take part in an interview was notified to him and —
a
those facts could not reasonably have been brought to the Secretary of State’s notice within five working days of the day on which the interview was to take place; and
b
those facts show that the relevant person had good cause for his failure to take part in the interview.
Circumstances where regulation 12 ceases to apply
13
Where a reduction of benefit has been made under regulation 12 the whole of the reduction relating to any requirements to attend interviews in respect of a relevant person shall not apply —
a
where the relevant person subsequently takes part in an interview, as from the first day of the benefit week in which a requirement to take part in an interview was met; or
b
as from the date when a relevant person who failed to take part in an interview is no longer a relevant person to whom regulations 3 to 15 apply by virtue of regulation 2(3).
Good cause
14
Matters to be taken into account in determining whether the relevant person or, where the relevant person is a partner, the relevant person or the benefit recipient has shown good cause for the relevant person’s failure to take part in an interview include —
a
that the relevant person misunderstood the requirement to take part in an interview due to any learning, language or literacy difficulties of the relevant person or any misleading information given to the relevant person by the officer;
b
that the relevant person was attending a medical or dental appointment, or accompanying a person for whom the relevant person had caring responsibilities to such an appointment, and that it would have been unreasonable, in the circumstances, to rearrange the appointment;
c
that the relevant person had difficulties with his normal mode of transport and that no reasonable alternative was available;
d
that the established customs and practices of the religion to which the relevant person belongs prevented him attending on the day or at the time fixed for the interview;
e
that the relevant person was attending an interview with an employer with a view to obtaining employment;
f
that the relevant person was pursuing employment opportunities as a self-employed earner;
g
that the relevant person, benefit recipient or a dependant or a person for whom the relevant person provides care suffered an accident, sudden illness or relapse of a physical or mental health condition;
h
that the relevant person was attending the funeral of a relative or close friend on the day fixed for the interview;
i
that a disability from which the relevant person suffers made it impracticable for him to attend at the time fixed for the interview.
Appeals
15
1
This regulation applies to any relevant decision made under regulation 11(4) or any decision made under section 10 of the 1998 Act (decisions superseding earlier decisions) superseding such a decision.
2
This regulation applies whether the decision is as originally made or as revised under section 9 of the 1998 Act (revision of decisions).
3
In the case of a decision to which this regulation applies, the relevant person in respect of whom the decision was made and, where the relevant person is a partner, the benefit recipient shall have a right of appeal under section 12 of the 1998 Act (appeal to appeal tribunal) to an appeal tribunal.
Areas designated as employment zones
16
The areas designated as employment zones for the purposes of these Regulations are the five areas comprising the postcodes listed in Part 2 of the Schedule.
Referral to an employment zone programme
17
An officer may direct a jobseeker to participate in an employment zone programme if the jobseeker —
a
has been entitled to a jobseeker’s allowance for a continuous period of at least three months in the period immediately preceding the date on which the direction is made; or
b
has participated in an employment zone programme pursuant to these Regulations or other regulations made pursuant to section 60 of the Welfare Reform and Pensions Act 1999 (special schemes for claimants for jobseeker’s allowance) in the previous 12 months but did not complete the programme.
Early entry to an employment zone programme
18
An officer may direct a jobseeker to participate in an employment zone programme before he has been entitled to a jobseeker’s allowance for a continuous period of at least three months provided that —
a
the jobseeker has requested the direction; and
b
his personal circumstances place him at a significant disadvantage in obtaining employment.
Stages of employment zone programme
19
1
An employment zone programme shall consist of two stages, of which —
a
the first stage shall last for a maximum period of four weeks;
b
the second stage shall last for a maximum period of 26 weeks.
2
A jobseeker begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with an officer who is an employment zone programme adviser following a direction given under regulation 17 or 18.
3
Subject to paragraph (1)(a), the jobseeker shall cease to participate in the first stage on the day specified by an officer in a written notification to the jobseeker.
4
A jobseeker begins to participate in the second stage of an employment zone programme on the day specified by an officer in a written notification to the jobseeker.
5
Subject to paragraph (1)(b), the jobseeker shall cease to participate in the second stage on the day specified by an officer in a written notification to the jobseeker.
Suspension of the requirements of the Jobseekers Act 1995
20
1
During the jobseeker’s participation in the first stage of an employment zone programme the condition for receipt of a jobseeker’s allowance specified in section 1(2)(b) of the Jobseekers Act 1995 (the jobseeker’s allowance) that the jobseeker has entered into a jobseeker’s agreement which remains in force is suspended.
2
During the jobseeker’s participation in the second stage of an employment zone programme the conditions for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 shall apply with the suspension of the conditions in section 1(2)(a) to (c) of that Act that the jobseeker —
a
be available for employment;
b
has entered into a jobseeker’s agreement which remains in force; and
c
is actively seeking employment.
Cessation and consequential provision
21
1
Where a jobseeker to whom a direction given under regulation 17 or 18 would otherwise apply informs the Secretary of State of a change of address that results in that jobseeker no longer being ordinarily resident within an area identified in Part 2 of the Schedule, then —
a
any sanction incurred by that jobseeker under section 19 (circumstances in which a jobseeker’s allowance is not payable) or 20A (denial or reduction of joint-claim jobseeker’s allowance) of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on, an employment zone programme as specified in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 shall end; and
b
regulations 19 and 20 shall cease to apply to that jobseeker unless he asks to complete an employment zone programme in which he is participating, in which case those regulations shall continue to apply until he ceases to participate in that programme.
2
Where a jobseeker asks to complete an employment zone programme in the circumstances specified in paragraph (1) then he shall not incur a sanction under section 19 or 20A of the Jobseekers Act 1995 if, for whatever reason, he subsequently refuses or fails to participate in, or gives up his place on, the employment zone programme in which he was participating.
Amendment of the Social Security (Claims and Payments) Regulations 1987
22
1
The Social Security (Claims and Payments) Regulations 1987 shall be amended in accordance with this regulation.
2
In paragraph (5) of regulation 6A (claims by persons subject to work-focused interviews) for the words “a person is required to take part in under the Social Security (Jobcentre Plus Interviews) Regulations 2002” there shall be substituted “is conducted for such purposes connected with employment or training as are specified in regulations made under section 2A of the Social Security Administration Act 1992 ”.
Amendment of the Jobseeker’s Allowance Regulations 1996
23
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 75(1)(a) (interpretation) there shall be added at the end of head (iii) “or the Social Security (Working Neighbourhoods) Regulations 2004”.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
24
1
The Social Security and Child Support (Decisions and Appeals) Regulations 1999 shall be amended in accordance with this regulation.
2
In paragraph (3) of regulation 1 (citation, commencement and interpretation) for the definition of “work-focused interview” there shall be substituted the following definition —
“work-focused interview” means an interview in which a person is required to take part in accordance with regulations made under section 2A or 2AA of the Administration Act;
.
3
In paragraph (2)(h)(ii) of regulation 6 (supersession of decisions) for the words “under the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003, ceased to be a partner for the purposes of those Regulations or is no longer a partner to whom those Regulations apply” there shall be substituted the words “in accordance with regulations made under section 2AA of the Administration Act, ceased to be a partner for the purposes of those regulations or is no longer a partner to whom the requirement to take part in a work-focused interview under those regulations applies”.
4
In paragraph (25)(b) of regulation 7 (date from which a decision superseded under section 10 takes effect) —
a
for the words “under the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003” there shall be substituted the words “in accordance with regulations made under section 2AA of the Administration Act ”;
b
at head (i) for the words “(as defined in regulation 2(1) of those Regulations)” there shall be substituted the words “(meaning the person who has been awarded a benefit within section 2AA(2) of the Administration Act at a higher rate referable to that partner)”.
Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
25
1
The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 2 (requirement for lone parents claiming or entitled to income support to take part in an interview) —
a
in paragraph (1)(b) before the words “is entitled to income support and” there shall be inserted the words “except where sub-paragraph (c) applies,”;
b
in paragraph (1) there shall be added the following sub-paragraph —
c
is entitled to income support, and has been subject to at least one requirement to take part in an interview under the Social Security (Working Neighbourhoods) Regulations 2004 in relation to that claim, is required to take part in an interview —
i
after the expiry of six months, and
ii
after the expiry of one year, and
iii
at intervals of one year thereafter,
from the date on which he took part in, or was treated as having taken part in, an interview as a condition of the claim for income support, except that a requirement to take part in an interview shall not arise by virtue of heads (i), (ii) or (iii) if the period specified in those provisions has already expired when the lone parent becomes subject to these Regulations.
;
c
in paragraph (2) there shall be substituted for the words “or (b)(ii)” the words “,(b)(ii) or (c)”.
3
At the end of regulation 4(d) (circumstances where requirement to take part in an interview does not apply) there shall be added the words “or the Social Security (Working Neighbourhoods) Regulations 2004”.
4
In paragraph (3)(b) of regulation 7 (consequence of failure to take part in an interview) after the words “regulation 2(1)(b)” there shall be inserted the words “or (c)”.
Amendment of the Social Security (Jobcentre Plus Interviews) Regulations 2002
26
1
The Social Security (Jobcentre Plus Interviews) Regulations 2002 shall be amended in accordance with this regulation.
2
In paragraph (3) of regulation 2 (interpretation and application) after the words “Except in a case where regulation 16(2) applies,” there shall be inserted the words “or where a person is subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations,”.
3
In regulation 4 (continuing entitlement to specified benefit dependent on an interview) —
a
in paragraph (1)(a) for the words “paragraph (3)” there shall be substituted the words “either paragraph (3) or (3A)”;
b
in paragraph (2) for the words “but for the requirement being waived in accordance with regulation 6 or deferred in accordance with regulation 7” there shall be substituted the words —
but for the requirement —
being waived in accordance with regulation 6;
being deferred in accordance with regulation 7; or
not arising because the person was at the time of the claim for the specified benefit subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations.
;
c
at the beginning of paragraph (3) there shall be inserted the words “Except where paragraph (3A) applies,”;
d
there shall be inserted as paragraph (3A) the following paragraph —
3A
Where a lone parent to whom paragraph (1)(a) applies was not required to take part in an interview under regulation 3 or under this regulation because at the time that the requirement would have arisen he was subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations, the lone parent shall be required to take part in an interview —
a
after the expiry of six months, and
b
after the expiry of one year, and
c
at intervals of one year thereafter,
from the date on which he took part in, or was treated as having taken part in, an interview as a condition of his claim for income support, except that a requirement to take part in an interview shall not arise by virtue of sub-paragraphs (a), (b) or (c) if the period specified in those provisions has already expired when the lone parent becomes subject to these Regulations.
.
4
In paragraph (2) of regulation 16 (revocations and transitional provision) after the words “(except for regulations 3 and 11(2)(a) and (b)” there shall be inserted the words “and except where a person who is a relevant person for the purpose of the 2001 Regulations becomes subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations”.
Amendment of the Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003
27
1
The Social Security (Jobcentre Plus Interviews for Partners) Regulations 2003 shall be amended in accordance with this regulation.
2
At the beginning of paragraph (2) of regulation 2 (interpretation and application) there shall be inserted the words “Except in a case where a partner is subject to provisions within the Social Security (Working Neighbourhoods) Regulations 2004 by virtue of regulation 2(3) of those Regulations,”.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
29th March 2004


text:
PART 1
GENERAL
Citation, commencement, extent and application
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2004 and shall come into force on 1 st January 2005.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland or apply in Wales.
3
Nothing in paragraph (2) shall be treated as prejudicing the effect of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order–
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of the Act;
“Commission Regulation” means Commission Regulation ( EC ) No. 2244/2003 laying down detailed provisions regarding satellite-based Vessel Monitoring Systems ;
“Community fishing boat” means a fishing boat flying the flag of, and registered in, a Member State of the European Community other than the United Kingdom;
“equivalent provision” means any provision in any other Order made for the purposes of making provision for the administration and enforcement of the Commission Regulation, extending to any part of the United Kingdom, which has equivalent effect to a provision in this Order, proceedings in respect of which may be taken in England by virtue of section 30(2A) of the Fisheries Act 1981;
“Fisheries Monitoring Centre” means a Fisheries Monitoring Centre established under Article 3(7) of Council Regulation 2847/93;
“Northern Irish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
“Northern Ireland zone” has the same meaning as in section 98 of the Northern Ireland Act 1998 ;
“person in charge”, in relation to a fishing boat, means the owner, master or charterer, if any, of the fishing boat or the agent of any of them;
“Council Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy as amended by Council Regulation (EC) No. 2870/95 , Council Decision (EC) No. 95/528 , Council Regulation (EC) No. 2489/96 , Council Regulation (EC) No. 686/97 , Council Regulation (EC) No. 2205/97 , Council Regulation (EC) No. 2635/97 , Council Regulation (EC) No. 2846/98 , Council Regulation (EC) No. 806/2003 and Council Regulation (EC) No.1954/2003 ;
“relevant British fishing boat” means a British fishing boat other than a Scottish or Northern Irish fishing boat;
“required information” means the information set out in Article 5(1) of the Commission Regulation.
“satellite-tracking device” means a device which sends the required information by way of satellite and land earth station to a Fisheries Monitoring Centre;
“Scottish fishing boat” means a British fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is treated as belonging;
“Scottish zone” has the same meaning as in section 126(1) of the Scotland Act 1998 ;
“third country fishing boat” means a fishing vessel flying the flag of, and registered in, a state other than a Member State of the European Communities and includes a receiving vessel within the meaning of Council Regulation 2847/93.
“Wales” has the same meaning as in section 155 of the Government of Wales Act 1998 .
2
The term “within relevant British Fishery Limits” does not include —
a
the Scottish zone;
b
the territorial sea adjacent to Wales;
c
the territorial sea adjacent to the Isle of Man;
d
the territorial sea adjacent to Jersey; or
e
seas within British Fishery Limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 .
3
Any reference to a logbook, declaration or document or any required information includes, in addition to a logbook, declaration or document or required information in writing–
a
any map, plan, graph or drawing;
b
any photograph;
c
any disk, tape, sound track or other device in which sounds or other data (not being visual aids) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
d
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
Application
3
This Order only applies to fishing boats to which the Commission Regulation applies.
PART 2
PROVISIONS RELATING TO RELEVANT BRITISH FISHING BOATS AND BRITISH AND COMMUNITY FISHING BOATS WITHIN RELEVANT BRITISH FISHERY LIMITS
Application of Part 2
4
Articles 5 to 9 apply to–
a
relevant British fishing boats;
b
British fishing boats within relevant British Fishery Limits; and
c
Community fishing boats within relevant British Fishery Limits.
Installation of a satellite-tracking device
5
1
A person in charge of a fishing boat which has a satellite-tracking device installed for the purposes of the Commission Regulation which is capable of being manually overridden is guilty of an offence.
2
A person in charge of a fishing boat which has a satellite-tracking device installed for the purposes of the Commission Regulation which permits the input or output of false positions is guilty of an offence.
3
A person in charge of a fishing boat which leaves port without an operational satellite-tracking device installed on board is guilty of an offence.
Prohibition against switching off a satellite-tracking device whilst in port without prior notification
6
A person in charge of a fishing boat on which a satellite-tracking device is switched off other than in accordance with Article 8(3) of the Commission Regulation is guilty of an offence.
Transmission of required information
7
1
A person in charge of a fishing boat, the satellite-tracking device on which fails to transmit data in compliance with Article 5(1) of the Commission Regulation on an hourly basis, is guilty of an offence except where —
a
the satellite-tracking device is transmitting data in compliance with Article 5(1) of the Commission Regulation on a two hourly basis and the Fisheries Monitoring Centre of the flag state can, in accordance with article 8(2) of the Commission Regulation, poll the actual position of the fishing boat, or
b
the satellite-tracking device has been switched off in compliance with Article 8(3) of the Commission Regulation, or
c
data is being communicated in compliance with Article 11(1) of the Commission Regulation.
Responsibilities relating to the satellite-tracking device
8
1
Subject to compliance with Article 8(3) of the Commission Regulation, a person in charge of a fishing boat in respect of which there is a failure to comply with Article 6(1) of the Commission Regulation, is guilty of an offence.
2
Subject to paragraph (3) a person in charge of a fishing boat in respect of which there is a failure to comply with Articles 6(2) (a), (b), (c) or (d) of the Commission Regulation, as read with Article 11(4) of that Regulation, is guilty of an offence.
3
A person in charge of a fishing boat in respect of which there is a failure to comply with Article 6(2)(d) of the Commission Regulation where the derogation in Article 12(1) of that Regulation applies shall not be guilty of an offence.
4
A person in charge of a fishing boat in respect of which there is a contravention of Article 6(3) of the Commission Regulation is guilty of an offence.
Technical failure or non-functioning of the satellite-tracking device
9
1
A person in charge of a fishing boat in respect of which, in the event of a technical failure or non-functioning of the satellite-tracking device, there is a failure to communicate information in compliance with Article 11(1) of the Commission Regulation is guilty of an offence.
2
A person in charge of a fishing boat which leaves port in contravention of Article 11(2) of the Commission Regulation is guilty of an offence.
3
The competent authority under Article 11(2) of the Commission Regulation is a British sea-fishery officer.
PART 3
PROVISIONS RELATING TO THIRD COUNTRY FISHING BOATS WITHIN RELEVANT BRITISH FISHERY LIMITS
Application of Part 3
10
Articles 11 to 14 apply to third country fishing boats within relevant British Fishery Limits.
Installation of a satellite-tracking device
11
1
A person in charge of a fishing boat which has a satellite-tracking device installed for the purposes of the Commission Regulation which is capable of being manually overridden is guilty of an offence.
2
A person in charge of a fishing boat which has a satellite-tracking device installed for the purposes of the Commission Regulation which permits the input or output of false positions is guilty of an offence.
3
A person in charge of a fishing boat which does not have an operational satellite-tracking device installed on board is guilty of an offence.
Transmission of required information
12
1
A person in charge of a fishing boat the satellite-tracking device on which fails to transmit data to the Fisheries Monitoring Centre of the flag state in compliance with articles 18 and 20 of the Commission Regulation is guilty of an offence.
Responsibilities relating to the satellite-tracking device
13
1
A person in charge of a fishing boat in respect of which there is a failure to comply with Article 19(1) of the Commission Regulation is guilty of an offence.
2
A person in charge of a fishing boat in respect of which there is a failure to comply with Article 19(2) of the Commission Regulation is guilty of an offence.
3
A person in charge of a fishing boat in respect of which there is a contravention of Article 19(3) of the Commission Regulation is guilty of an offence.
Technical failure or non-functioning of the satellite-tracking device
14
1
A person in charge of a fishing boat in respect of which, in the event of a technical failure or non-functioning of the satellite-tracking device, there is a failure to communicate information in compliance with Articles 23(1) and 23(2) of the Commission Regulation is guilty of an offence.
2
A person in charge of a fishing boat which leaves port in contravention of Article 23(3) of the Commission Regulation is guilty of an offence.
3
The competent authority under Article 23(3) of the Commission Regulation is a British sea-fishery officer.
PART 4
PENALTIES AND RECOVERY OF FINES
Penalties
15
A person found guilty of an offence under articles 5, 6, 7, 8, 9, 11, 12, 13 or 14 of this Order or under any equivalent provision is liable–
a
on summary conviction to a fine not exceeding £50,000; or
b
on conviction on indictment to a fine.
Recovery of fines
16
1
Where a fine is imposed by a magistrates' court on a person in charge of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 shall apply to a warrant of distress issued under this article as they apply to a warrant of distress issued under Part III of that Act.
3
Where, in relation to a fine in respect of an offence under this Order or any equivalent provision, an order under article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a petty sessions area in England, this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
PART 5
POWERS AND PROTECTION OF BRITISH SEA FISHERY OFFICERS
Powers of British sea-fishery officers in relation to fishing boats
17
1
For the purpose of enforcing this Order or any equivalent provision a British sea-fishery officer may exercise the powers conferred by this article in relation to–
a
a relevant British fishing boat;
b
a British fishing boat within relevant British Fishery Limits;
c
a Community fishing boat within relevant British Fishery Limits; or
d
a third country fishing boat within relevant British Fishery Limits.
2
The officer may go on board the boat, with or without persons assigned to assist the officer in the duties of that officer, and for that purpose may require the boat to stop and do anything else which will facilitate the boarding of, or the disembarkation from, the boat.
3
The officer may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to the officer to be necessary for the purpose mentioned in paragraph (1) and, in particular–
a
may search for, examine and may test any equipment of the boat, including the satellite-tracking device, and require persons on board the boat to do anything which appears to the officer to be necessary for facilitating the examination and test;
b
may require any person on board the boat to produce any document relating to the boat, or the equipment of the boat, to any fishing operations or other operations ancillary thereto or to the persons on board, which is in the custody or possession of that person;
c
for the purpose of ascertaining whether an offence under this Order or under any equivalent provision has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to the officer to be necessary for facilitating the search;
d
inspect, take copies of and retain in the possession of the officer while the officer completes any search, examination or inspection provided for under this article, any such document produced to the officer or found on board;
e
may require the master or any person for the time being in charge of the boat to render any such document on a computer system into a visible and legible form in which it may be taken away;
f
where the boat is one in relation to which the officer has reason to suspect that an offence under this Order or under any equivalent provision has been committed, may seize and detain any such document produced to the officer or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence; and
g
may remove, or authorise in writing any other person to remove, the satellite-tracking device, or any part thereof, and any other equipment on board which the officer considers necessary for the purpose of establishing —
i
whether the satellite-tracking device has been tampered with, or
ii
whether any other equipment on board is interfering with the transmission of the information set out in Article 5(1) of the Commission Regulation
or for the purpose of examining, testing, repairing or replacing such equipment.
4
Where it appears to a British sea-fishery officer that an offence under this Order or under any equivalent provision has at any time been committed, the officer may–
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port,
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Protection of officers
18
A British sea-fishery officer or a person assisting such an officer by virtue of article 17(2) of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred by virtue of article 17 of this Order if the court is satisfied–
a
that the act was done in good faith;
b
that there were reasonable grounds for doing it; and
c
that it was done with reasonable skill and care.
Obstruction etc
19
1
Any person who–
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on such an officer by virtue of article 17 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
intentionally obstructs any such officer who is exercising any of those powers, any person assisting such an officer by virtue of article 17(2) or any person authorised by such an officer under article 17(3)(g),
is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable–
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
PART 6
MISCELLANEOUS AND SUPPLEMENTAL
Provisions as to offences and proceedings
20
1
Where any offence under this Order, or under any equivalent provision, committed by a body corporate is proved to have been committed with the consent or approval of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under this Order, or under any equivalent provision, committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner, as well as the partnership, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under this Order, or under any equivalent provision, committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association, that officer, as well as the association, shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
21
Any–
a
logbook kept under Articles 6, 17(2) or 28c;
b
declaration submitted under Articles 8(1), 11, 12, 17(2) or 28f;
c
effort report completed under Articles 19b and 19c; or
d
document drawn up under Articles 9 or 13,
of Council Regulation 2847/93 and any required information received by a Fisheries Monitoring Centre shall, in any proceedings for an offence under this Order or under any equivalent provision, be received in evidence without being produced or sworn to by any witness and shall be sufficient evidence of the matters stated therein or appearing therefrom.
PART 7
REVOCATION
Revocation
22
The Sea Fishing (Enforcement of Community Satellite Monitoring Measures) Order 2000 in so far as it extends to England is hereby revoked.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
7th December 2004
Ian Pearson
Parliamentary Under Secretary of State
6th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Wigan (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Wigan;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Wigan (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Wigan Borough Council.
Wards of the borough of Wigan
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-five wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Wigan
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Wigan Borough Council shall make a print of the map marked “Map referred to in the Borough of Wigan (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Wigan (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004