text:
Citation and commencement
1
This order may be cited as the Offshore Installations (Safety Zones) Order 2004 and shall come into force on 1st March 2004.
Establishment of safety zones
2
A safety zone is hereby established around each installation specified in column 1 of the Schedule hereto (being an installation stationed in waters to which subsection (7) of section 21 of the Act applies) having a radius of five hundred metres from the point as respects that installation which has the co-ordinates of latitude and longitude according to European Datum (1950) specified in columns 2 and 3 of the Schedule.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
9th February 2004


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the A59 Trunk Road (Liverpool–Preston) (Detrunking) Order 2004 and shall come into force on 1st September 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the Liverpool–Preston Trunk Road (A59).
3
The length of the trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburne
Divisional Director Highways Agency
12th July 2004


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) Order 2004 and shall come into force on 11th March 2004.
2
The persons named in the Schedule are appointed Her Majesty’s Inspector of Schools in England with effect from 1st April 2004.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
This Order, which applies to valuation tribunals in England only, may be cited as the Valuation Tribunals (Amendment) (England) Order 2004 and shall come into force on 1st April 2004.
Amendment of Regulations
2
1
The Valuation and Community Charge Tribunals Regulations 1989 (“the Regulations”) are amended in accordance with paragraphs (2) to (4) below.
2
In regulation 2 (interpretation), for the definition of “clerk” substitute —
“clerk” means the clerk of the tribunal appointed in accordance with paragraphs 8 and 9 of Schedule 4 to the Local Government Act 2003
.
3
For regulation 9 (disqualification from membership) substitute —
9
1
A person shall be disqualified from being appointed or continuing to be a member of a tribunal if —
a
he is the subject of a bankruptcy restrictions order or interim order ,
b
a bankruptcy order has been made against him by a court in Northern Ireland, his estate has been sequestrated by a court in Scotland or, under the law of Northern Ireland or Scotland, he has made a composition or arrangement with, or granted a trust deed for, his creditors;
c
in the last five years he has been convicted in the United Kingdom, the Channel Islands or the Isle of Man of an offence and has had a qualifying sentence passed on him;
d
he is for the time being disqualified from being a member of a local authority in pursuance of section 79 of the Local Government Act 2000 ;
e
he is aged 72 years or more; or
f
he is an employee or his spouse is an employee of that tribunal.
2
Where a person is disqualified under paragraph (1)(b) because a bankruptcy order has been made against him or his estate has been sequestrated as mentioned above, the disqualification shall cease —
a
on his obtaining a discharge, or
b
if the bankruptcy order is annulled or the sequestration of his estate is recalled or reduced, on the date of that event.
3
Where a person is disqualified under paragraph (1)(b) because of his having made a composition or arrangement with, or granted a trust deed for, his creditors, the disqualification shall cease–
a
at the end of the period of five years beginning with the date on which the terms of the deed of composition or arrangement or trust deed are fulfilled, or
b
if before then he pays his debts in full, on the date on which the payment is completed.
4
For the purposes of paragraph (1)(c), the date of a conviction shall be taken to be the ordinary date on which the period allowed for making an appeal or application expires or, if an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its non-prosecution.
5
In paragraph (1)(c), the reference to a qualifying sentence is to a sentence of imprisonment for a period of not less than three months (whether suspended or not) without the option of a fine.
.
4
Omit Part III of the Regulations (administration).
Transitional provision
3
1
In paragraph (2), “the amendments” mean sub-paragraphs (a) and (b) of paragraph (1) of regulation 9 and paragraphs (2) and (3) of that regulation, as substituted by article 2(3) of this Order.
2
Where, on or after 1 April 2004, a person is subject to a bankruptcy order made by a court in England or Wales before 1 April 2004, the Regulations shall continue to apply, as if the amendments had not been made.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State
Office of the Deputy Prime Minister
26th February 2004


text:
Title, application and commencement
1
These Regulations may be cited as the Food Safety (Act of Accession concerning the Czech Republic and other States) (Consequential Amendments) (England) Regulations 2004, shall apply in relation to England only and shall come into force on 13 th September 2004.
Amendment of the Quick–frozen Foodstuffs Regulations 1990
2
1
Insofar as they apply in relation to England, the Quick–frozen Foodstuffs Regulations 1990 shall be amended in accordance with paragraph (2).
2
In regulation 5 (labelling of quick–frozen foodstuffs), there shall be inserted at the end the following paragraph —
5
In this regulation “Council Directive 89/108/ EEC ” means Council Directive 89/108/EEC on the approximation of the laws of Member States relating to quick–frozen foodstuffs for human consumption as amended by amendments up to and including those effected by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded .
.
Amendment of the Egg Products Regulations 1993
3
1
Insofar as they apply in relation to England, the Egg Products Regulations 1993 shall be amended in accordance with paragraph (2).
2
In each of paragraphs (a)(ii) and (b)(iii) of sub–paragraph (2) of paragraph 1 of Schedule 10 (marking of egg products) the following list of abbreviations shall be substituted for the existing list of abbreviations set out in each of those paragraphs: “CEE – EØF – EWG – EOK – EEC – EEG – ETY – EHS – EMÜ – EEK – EEB – EGK – KEE – EGS”.
Amendment of the Food Labelling Regulations 1996
4
1
Insofar as they apply in relation to England, the Food Labelling Regulations 1996 shall be amended in accordance with paragraph (2).
2
In the definition of “Directive 2000/13” in paragraph (1) of regulation 2 (interpretation) the phrase “and the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded” shall be inserted immediately before the words “and as read with”.
Amendments to the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998
5
1
Insofar as they apply in relation to England, the Food Safety (Fishery Products and Live Shellfish) (Hygiene) Regulations 1998 shall be amended in accordance with paragraphs (2) and (3).
2
In the first indent of paragraph 2(1) of Part I of Chapter VII of Schedule 3 (production and placing on the market conditions for fishery products) the following list of abbreviations shall be substituted for the existing list of abbreviations set out in that indent: “B / CZ /DK /D /EE /EL/ E/F/IRL / I / CY / LV / LT / L / HU / MT / NL / AT / PL / P / SI – / SK / FI / SE / UK ”.
3
In the third indent of paragraph 2(1) of Part I of Chapter VII of Schedule 3 the following list of abbreviations shall be substituted for the existing list of abbreviations set out in that indent: “CE – EC – EG – EK – EF – EY – ES – EÜ – KB – KE – WE”.
Amendment of the Medical Food (England) Regulations 2000
6
1
The Medical Food (England) Regulations 2000 shall be amended in accordance with paragraph (2).
2
At the end of the definition of “the Directive” in regulation 2 (interpretation) the following text shall be inserted —
as amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
.
Amendment of the Condensed Milk and Dried Milk (England) Regulations 2003
7
1
The Condensed Milk and Dried Milk (England) Regulations 2003 shall be amended in accordance with paragraph (2).
2
At the end of regulation 8(b) the following text shall be inserted —
as amended by the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded
.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
12th August 2004


text:
PART 1
Interpretation and General
Title and commencement
1
These Regulations may be cited as the Justification of Practices Involving Ionising Radiation Regulations 2004 and shall come into force on 2nd August 2004.
Application
2
These Regulations apply to practices only to the extent to which the 1996 Directive applies to them.
Interpretation
3
1
“The 1996 Directive” means Council Directive 96/29/Euratom laying down basic safety standards for the protection of the health of workers and the general public against the dangers arising from ionizing radiation .
2
Expressions and words used in both these Regulations and the 1996 Directive have the same meaning for the purposes of these Regulations as they do in that Directive, whether or not they are defined in Article 1 of that Directive.
3
The following table shows other provisions defining expressions for the purposes of these Regulations —
devolved competence regulation 6(4)(a) contravention notice regulation 22(2) existing class or type of practice regulation 5(1) found to be justified regulation 4(4) justification decision regulations 4(3) and 14(1) justified regulation 4(2) Justifying Authority regulation 6 new class or type of practice regulation 4(1) Northern Ireland regulation 6(4)(e) Northern Ireland department regulation 6(4)(f) Scotland regulation 6(4)(d) Scottish Ministers regulation 6(4)(b) transferred matter regulation 6(4)(c) Wales regulation 6(4)(g).
PART 2
General Principles
Justification of new classes or types of practice
4
1
A class or type of practice is “new” for the purposes of these Regulations if no practice in that class or type was carried out in the United Kingdom before 13th May 2000, and neither has the class or type of practice been found to be justified.
2
In these Regulations, “justified” in relation a class or type of practice means justified by its economic, social or other benefits in relation to the health detriment it may cause.
3
A “justification decision” for the purposes of these Regulations is a decision which —
a
is made by the Justifying Authority in the form specified in regulation 14, and which determines whether a class or type of practice is justified; and
b
in regulation 5(3) or 7, or for the purpose of determining whether a class or type of practice has been justified for the purpose of regulation 4(5), applies to the part of the United Kingdom in which it is proposed that the practice in question be carried out.
4
A class or type of practice is “found to be justified” for the purposes of these Regulations if a justification decision has been made determining that it is justified.
5
No person shall carry out a practice, resulting in exposure to ionising radiation, belonging to a new class or type of practice unless regulation 7 (transitional arrangements) applies.
Existing and prohibited practices
5
1
In these Regulations, a class or type of practice involving exposure to ionising radiation is an “existing class or type of practice” if either —
a
a practice in that class or type was carried out in the United Kingdom before 13th May 2000; or
b
it has been found to be justified; or both.
2
Subject to paragraph (3), a person may carry out a practice, resulting in exposure to ionising radiation, belonging to an existing class or type of practice.
3
No person shall carry out a practice, resulting in exposure to ionising radiation if —
a
it has been determined in the most recent justification decision applicable to that class or type of practice that the class or type of practice to which it belongs is not justified; and
b
the date, specified under regulation 11(2)(a) for ceasing to carry out the practice has passed.
Justifying Authority
6
1
In these Regulations, “the Justifying Authority” means such of the following persons as may exercise a function under these Regulations —
a
the Secretary of State;
b
the Scottish Ministers;
c
a Northern Ireland department;
d
the National Assembly for Wales.
2
The exercise of functions under these Regulations by the Justifying Authority, except those of receiving applications under regulation 13(1) or being consulted under regulation 18(2), shall be limited as provided in regulation 14(2) and as set out below —
a
any function may be exercised by the Secretary of State;
b
functions may be exercised by the Scottish Ministers only insofar as justifying the class or type of practice involved falls within devolved competence;
c
functions may be exercised by a Northern Ireland department only in relation to Northern Ireland and insofar as justifying the class or type of practice involved is a transferred matter;
d
functions may be exercised by the National Assembly for Wales only insofar as functions under these Regulations are functions exercisable by the Assembly by virtue of an order made under section 22 of the Government of Wales Act 1998 .
3
Where in these Regulations the Justifying Authority is obliged to perform a function, that obligation shall fall as follows —
a
on the Scottish Ministers, a Northern Ireland department, or the National Assembly for Wales, insofar as they may perform that function, having regard to paragraph (2) and to regulation 14(2); and otherwise
b
on the Secretary of State.
4
In these Regulations —
a
“devolved competence” has the meaning prescribed by section 54 of the Scotland Act 1998 ;
b
“the Scottish Ministers” has the meaning prescribed by section 44 of the Scotland Act 1998;
c
“transferred matter” has the meaning prescribed by section 4 of the Northern Ireland Act 1998 ;
d
“Scotland” has the meaning prescribed by section 126 of the Scotland Act 1998;
e
“Northern Ireland” has the meaning prescribed by section 98(1) of the Northern Ireland Act 1998;
f
“Northern Ireland department” has the meaning prescribed by section 21 of the Northern Ireland Act 1998;
g
“Wales” has the meaning prescribed by section 155 of the Government of Wales Act 1998.
Transitional Arrangements- new classes or types of practice
7
Subject to regulation 5(3) —
a
a person may carry out a practice of a new class or type, for a period of six months beginning on the date of the coming into force of these Regulations, if he first carried out the practice in the United Kingdom before the coming into force of these Regulations;
b
that person may continue to carry out that practice after the expiry of that period —
i
if he has, within that period, applied for a justification decision; and
ii
until a justification decision has been made.
Transitional Arrangements- earlier justification decisions
8
1
This regulation applies when there has been a determination which —
a
expressly determines whether or not a practice, or a class or type of practice is justified;
b
was made prior to the coming into force of these Regulations; and
c
was made by one of the persons listed in regulation 6(1) or by a person acting with the authority of one of those persons.
2
A determination to which this regulation applies shall —
a
be treated as a justification decision for the purposes of these Regulations;
b
be treated as limited to the same extent that the power of the person making it, or under whose authority it was made, is limited by sub-paragraphs (a) to (d) of regulation 6(2); and
c
if it was limited to a particular practice, be treated as a justification decision whose scope is limited to the same extent as was the determination in question.
3
Any determination to which this regulation applies which determined that a practice or a class or type of practice was not justified shall be treated as having specified, for the purpose of regulation 11(2)(a), the date these Regulations come into force unless a later date was specified in the determination.
PART 3
Applications and Determinations
Consideration of new practices
9
1
A person may apply to the Justifying Authority for a justification decision in respect of a new class or type of practice.
2
Having received an application under paragraph (1) the Justifying Authority shall, subject to regulation 14(2), consider it and make a justification decision in respect of that class or type of practice.
3
The Justifying Authority may, subject to regulation 14(2), without receiving an application under paragraph (1), make a justification decision in respect of a new class or type of practice.
Review of existing practices
10
1
A person may apply to the Justifying Authority to review an existing class or type of practice if one of the conditions set out in paragraph (4) is satisfied.
2
Having received an application under paragraph (1), the Justifying Authority may, subject to regulation 14(2), consider it and may make a new justification decision in respect of that class or type of practice.
3
The Justifying Authority may, subject to regulation 14(2), without receiving an application under paragraph (1), review an existing class or type of practice if one of the conditions set out in paragraph (4) is satisfied and make a new justification decision in respect of that class or type of practice.
4
The conditions referred to in paragraphs (1) and (3) above are that —
a
new and important evidence about its efficacy or consequences is acquired; or
b
there has been a justification decision that it is not justified.
Conditions and consequential matters
11
1
A justification decision may be made subject to such conditions as the Justifying Authority may consider appropriate.
2
If the Justifying Authority in considering a justification decision determines that an existing class or type of practice is not justified he —
a
shall specify in the justification decision a date, which may be later than the date of the justification decision, after which persons must cease from carrying out practices of that class or type; and
b
may specify by notice served on an operator or any other person, steps which that person is required to take which the Justifying Authority considers appropriate as a consequence of the decision.
Determination whether a practice is new or existing
12
1
The Secretary of State may, and at the request of any other person shall, determine whether a practice belongs to a new or existing class or type of practice for the purposes of these Regulations.
2
Any application under regulation 9 or 10 shall be deemed to include a request under paragraph (1).
PART 4
Procedures
Application procedure
13
1
A person may make an application under regulation 9 or 10 to the Secretary of State, the Scottish Ministers, a Northern Ireland department, or the National Assembly for Wales, and those persons may receive such applications, without limitation as to the territorial extent or the subject matter of the application.
2
The recipient of an application shall forthwith upon receipt forward a copy of it to such of the persons listed in regulation 6(1) as did not receive the application, which copies shall be treated as if they were applications.
3
Any application under regulation 9 or 10 shall, notwithstanding any statement by the applicant of the geographical extent or limit of his application, be treated as if it were an application made to each of the persons listed in regulation 6(1) insofar as each is able pursuant to regulation 6(2) to exercise the function of determining the application.
Form of applications and decisions
14
1
Any justification decision, required or permitted to be made by these Regulations, that —
a
determines that a class or type of practice is justified, where it was not previously justified; or
b
determines that a class or type of practice is no longer justified; or
c
introduces or changes conditions relating to the justification of a class or type of practice,
shall be made by the Justifying Authority in the form of regulations, by exercising such powers as the Justifying Authority has which arise apart from these Regulations, including but not limited to powers under section 2(2) of the European Communities Act 1972 .
2
In the event that any of the persons mentioned in regulation 6(1) as constituting the Justifying Authority has no such power as is mentioned in paragraph (1), he shall not make a justification decision.
3
Any application, determination, decision or notice made or given under these Regulations, other than a justification decision required by paragraph (1) to be in the form of regulations, shall be in writing, unless paragraph (4) applies.
4
Any person to whom these Regulations require any application, determination, decision, notice or other information to be communicated may agree to receive that application, determination, decision, notice or other information by any electronic means of communication or other information technology, but may not require it to be so communicated.
5
Without prejudice to paragraph (1), the Justifying Authority shall take such steps as he considers appropriate to bring any determination, decision or notice made or given under these Regulations to the attention of any person likely to be affected by it.
6
After making any determination or justification decision under these Regulations, the Justifying Authority which has made the determination or decision shall forthwith give notice of the determination or decision and of where a copy of the determination or decision can be obtained, as follows:
a
for a determination or decision affecting England, Wales, or both, in the London Gazette;
b
for a determination or decision affecting Scotland, in the Edinburgh Gazette;
c
for a determination or decision affecting Northern Ireland, in the Belfast Gazette.
Time for determining applications
15
1
The Justifying Authority or, in the case of regulation 12, the Secretary of State shall, within one month of receiving an application or request under regulation 9, 10 or 12, notify the applicant of the period within which it will be determined.
2
The Justifying Authority or, in the case of regulation 12, the Secretary of State shall, within the period notified to the applicant under paragraph (1) or such further period as shall be notified to the applicant —
a
make a justification decision or determination in relation to that application; or
b
(if he has decided not to make a justification decision on an application made under regulation 10) notify the applicant of his intention not to make a justification decision in respect of the application.
PART 5
Information, Consultation and Publicity
Information
16
1
For the purpose of the discharge of any function under these Regulations, the Justifying Authority may, by notice served on any person, require that person to furnish such information as is specified in the notice, within such period as is so specified.
2
A notice served pursuant to paragraph (1) may only specify such information as is in the person’s possession or which the person may reasonably be expected to furnish.
3
A notice served pursuant to paragraph (1) may be withdrawn or varied by the Justifying Authority.
4
The period specified in the notice pursuant to paragraph (1) shall be not less than 28 days unless in the opinion of the Justifying Authority it is necessary for the provision of the information to be expedited.
5
A notice served pursuant to paragraph (1) shall invite the person upon whom the notice is served to notify the Justifying Authority within 14 days of any grounds upon which the notice ought to be varied or withdrawn under paragraph (3).
Inquiries and Hearings
17
1
Without prejudice to any other power to hold an inquiry or other hearing, the Justifying Authority may cause an inquiry or other hearing to be held if it appears to him expedient to do so in connection with the exercise of any of his functions under these Regulations.
2
In respect of any inquiry or other hearing held pursuant to paragraph (1) —
a
if the inquiry or hearing is held in England or Wales, subsections (2) to (5) of section 250 of the Local Government Act 1972 (which contain supplementary provisions with respect to local inquiries held in pursuance of that section) shall apply as they apply to inquiries under that section, but as if —
i
references to the person appointed to hold the inquiry included references to the Justifying Authority;
ii
references to the Minister causing an inquiry to be held were references to the Justifying Authority;
iii
the words “not being the property of a local authority” were deleted from paragraph (b) of subsection (2); and
iv
the words “local authority or” in subsection (4) were deleted;
b
if the inquiry or hearing is held in Scotland, subsections (2) and (4) to (8) of section 210 of the Local Government (Scotland) Act 1973 (which relate to the holding of local inquiries) shall apply as they apply to inquiries under that section, but as if —
i
references to the person appointed to hold the inquiry included references to the Justifying Authority;
ii
references to the Minister were references to the Justifying Authority; and
iii
the words “local authority or”, “any authority or” and “that authority or” in subsection (7) were deleted;
c
if the inquiry or hearing is held in Northern Ireland, paragraphs 1 and 3 to 8 of Schedule 8 to the Health and Personal Social Services (Northern Ireland) Order 1972 (which relate to the giving of evidence at, and the expenses incurred in relation to inquiries) shall apply as they apply in relation to an inquiry under that Schedule, but as if —
i
references to the person appointed to hold the inquiry included references to the Justifying Authority; and
ii
references to the Ministry were references to the Justifying Authority;
d
the Justifying Authority shall take such steps as he considers appropriate to publish or otherwise give notice of the time and place of the inquiry or hearing to any person likely to be affected by it.
Consultation
18
1
Before making a justification decision, a determination under regulation 12 or serving a contravention notice under regulation 22, the Justifying Authority or Secretary of State (as the case may be) —
a
shall consult —
i
the Health and Safety Executive ;
ii
the Food Standards Agency ;
iii
the National Radiological Protection Board ; and
iv
where the class or type of practice involves a radioactive substance, the Environment Agency , the Scottish Environment Protection Agency and the Department of the Environment for Northern Ireland;
b
may consult any other person whom he considers it appropriate to consult;
c
shall take such steps as he considers appropriate to bring the proposed decision, determination or contravention notice to the attention of any person likely to be affected by it.
2
Before exercising any function under Part 3 or under regulation 16, 17, 22, 26 or 27, the person proposing to exercise the function shall consult the other persons listed in regulation 6(1).
Register
19
1
The Secretary of State shall maintain a register containing such particulars as he considers appropriate of —
a
any application made under regulation 9,10,or 12;
b
justification decisions and other determinations made under Part 3 or to which regulation 8 applies;
c
such other information as he considers appropriate.
2
The Scottish Ministers, or a Northern Ireland department, or the National Assembly for Wales, having made a justification decision under regulation 9, 10 or 11 shall as soon as reasonably practicable provide to the Secretary of State full particulars of that decision and such other information as he reasonably requires to perform his function under paragraph (1); and this paragraph shall apply to determinations to which regulation 8 applies as if they were justification decisions made by the relevant Justifying Authority on the entry into force of these Regulations.
3
The Secretary of State shall —
a
ensure that the register is open to inspection by members of the public free of charge at all reasonable hours; and
b
afford to members of the public facilities for obtaining copies of entries, free of charge.
PART 6
Personal Ornaments, Toys and Cosmetics
Addition of radioactive substances to personal ornaments, toys or cosmetics
20
1
No person shall –
a
knowingly or recklessly add any radioactive substance in the production of personal ornaments or toys; or
b
knowingly or recklessly import or export any personal ornament, toy or cosmetic to which any radioactive substance has been added in its production.
2
In paragraph 6 of Schedule 2 of the Toys (Safety) Regulations 1995 (which concerns radioactive substances in toys), for “Council Directive 80/836/Euratom shall apply”, substitute “This is without prejudice to regulation 20 of the Justification of Practices Involving Ionising Radiation Regulations 2004”.
PART 7
Justification of classes or types of practice involving a medical exposure
Saving for medical practices
21
Nothing in regulations 4(5) or 5(3) shall prevent anything permitted under regulation 6 of the Ionising Radiation (Medical Exposure) Regulations 2000 .
PART 8
Enforcement and Offences
Contravention Notices
22
1
For the purposes of this regulation and of regulation 23, a “relevant breach” means a contravention of regulation 4(5), 5(3) or 20; failure to comply with any condition imposed pursuant to regulation 11(1); or failure to comply with any requirement imposed pursuant to regulation 11(2)(b) or 16(1).
2
If the Justifying Authority is of the opinion that a person has committed a relevant breach he shall serve a notice (in these Regulations referred to as a “contravention notice”) on that person.
3
The Justifying Authority shall give notice of any contravention notice served pursuant to paragraph (2) to —
a
such of the persons listed in regulation 6(1) as are not the person serving the notice;
b
the Health and Safety Executive;
c
the Food Standards Agency;
d
the National Radiological Protection Board;
e
where the class or type of practice involves a radioactive substance, the Environment Agency and the Scottish Environment Protection Agency; and
f
any other person he considers appropriate.
4
The contravention notice shall —
a
state that the Justifying Authority is of the opinion that the person has committed a relevant breach;
b
specify the matters constituting the contravention or failure to comply;
c
specify the steps that must be taken to remedy the contravention or failure to comply;
d
specify the period within which those steps must be taken;
e
specify the date on which the notice is to take effect;
f
invite the person upon whom the notice is served to notify the Justifying Authority within 14 days of any grounds upon which the notice ought to be varied or withdrawn under paragraph (5); and
g
not take effect before 28 days after the date of service of the notice, unless in the opinion of the Justifying Authority it is necessary for the notice to have immediate effect or otherwise to be expedited.
5
The Justifying Authority may vary or withdraw any contravention notice by serving a further notice; and paragraph (3) and, in the case of a variation, paragraph (4) shall apply to that notice.
Enforcement Powers
23
The Justifying Authority shall, for the purpose of determining whether a person has committed a relevant breach be entitled to exercise any of the powers specified in Schedule 1.
Offences and Penalties
24
1
It is an offence for a person —
a
to fail without reasonable excuse to comply with any requirement imposed by a contravention notice served on him pursuant to regulation 22;
b
in providing any information under these Regulations, to —
i
make a statement which he knows to be false or misleading in a material particular;
ii
recklessly make a statement which is false or misleading in a material particular; or
iii
produce or provide, or cause to be produced or provided, any document which he knows is false or misleading in a material particular.
2
It is an offence for a person —
a
intentionally to obstruct the Justifying Authority, or a person to whom the Justifying Authority has (under regulation 27) delegated the enforcement powers under regulation 23, in the exercise or performance of his powers under regulation 23;
b
without reasonable excuse —
i
to fail to comply with any requirement imposed pursuant to regulation 23;
ii
to fail or refuse to provide facilities or assistance or any information or to permit any inspection reasonably required by the Justifying Authority, or a person to whom the Justifying Authority has (under regulation 27) delegated the enforcement powers under regulation 23, in the exercise or performance of his powers under regulation 23;
iii
to prevent any other person from appearing before or answering any question required to be answered by the Justifying Authority, or a person to whom the Justifying Authority has (under regulation 27) delegated the enforcement powers under regulation 23, in the exercise or performance of his powers under regulation 23;
c
falsely to pretend to be a person to whom the Justifying Authority has (under regulation 27) delegated the enforcement powers under regulation 23.
3
A person guilty of an offence under paragraph (1) or (2) shall be liable —
a
on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months or to both;
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years or to both.
Offences by bodies corporate etc.
25
1
Schedule 2 applies to offences committed in England and Wales.
2
Schedule 3 applies to offences committed in Scotland.
3
Schedule 4 applies to offences committed in Northern Ireland.
Restriction on prosecutions
26
1
Except as provided in regulation 27 and subject to paragraph (2), proceedings in respect of any offence under these Regulations shall not be instituted except by or with the consent of the Justifying Authority.
2
This regulation shall not apply in Scotland.
Delegation of Enforcement Powers
27
1
The Justifying Authority may delegate any or all of the following powers —
a
the powers under regulation 22 or 23;
b
the power to serve a notice under regulation 16, for the purpose of discharging any function delegated under sub-paragraph (a) of this regulation;
c
except in Scotland, the power to institute prosecutions under regulation 26;
and may make such delegation subject to conditions.
2
The Justifying Authority may delegate the obligations arising under regulation 14(5) and 18, insofar as they arise out of the discharge or intended discharge of any function delegated under paragraph (1).
3
A delegation made under paragraph (1) is a determination to which regulation 14(6) applies.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
8th July 2004


text:
1
This Order may be cited as the Carriers' Liability (Clandestine Entrants) (Level of Penalty: Revised Code of Practice) Order 2004 and shall come into force on 1st March 2004.
2
The code of practice entitled “Immigration and Asylum Act 1999: Level of Penalty: Revised Code of Practice”, laid in draft before Parliament on 27th January 2004 and which specifies matters to be considered in determining the amount of a penalty under section 32 of the 1999 Act, shall come into operation on 1st March 2004.
Beverley Hughes
Minister of State
Home Office
3rd February 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 and shall come into force on 30th December 2004.
2
This Order applies in relation to England only.
Cinematograph (Safety) Regulations 1955
2
In regulation 5(3) of the Cinematograph (Safety) Regulations 1955 (fire precautions), after the words “the fire brigade” insert “or, in England, employees of the fire and rescue authority”.
Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963
3
In article 5(b) of the Various Trunk Roads (Prohibition of Waiting) (Clearways) Order 1963 (exceptions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.
Gaming Clubs (Licensing) Regulations 1969
4
In Schedule 2 to the Gaming Clubs (Licensing) Regulations 1969 (application for grant of a licence under the Gaming Act 1968), after the words “fire authority” insert “or, in England, fire and rescue authority” in both places where the words occur.
Local Authorities etc. (Miscellaneous Provision) (No 3) Order 1974
5
Article 6(6) of the Local Authorities etc. (Miscellaneous Provision) Order (No 3) 1974 (compulsory purchase orders), is amended as follows —
a
after the words “Fire Services Act 1947” insert “or Fire and Rescue Services Act 2004”; and
b
after the words “fire authority” insert “or fire and rescue authority”.
Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975
6
1
The Social Security (Employed Earners' Employments for Industrial Injuries Purposes) Regulations 1975 are amended as follows.
2
In paragraph 2 of Part 1 of Schedule 1 (employments to be treated as employed earners' employments for certain purposes), after the words “Great Britain” insert “as an employee of a fire and rescue authority employed for the purposes of that authority under the Fire and Rescue Services Act 2004 or”.
3
In paragraph 4 of column (1) of Schedule 3 (employments in respect of which persons are treated as employees for certain purposes), before the words “fire brigade” insert “fire and rescue authorities,”.
Tribunals and Inquiries (Discretionary Inquiries) Order 1975
7
After paragraph 19 of the Schedule to the Tribunals and Inquiries (Discretionary Inquiries) Order 1975 (inquiries designated for the purposes of the Tribunals and Inquiries Act 1992), insert —
19A
Any inquiry held under section 14(3), 17(3) or 27 of the Fire and Rescue Services Act 2004.
.
Motorways Traffic (England and Wales) Regulations 1982
8
In regulation 16(1)(d) of the Motorways Traffic (England and Wales) Regulations 1982 (exceptions and relaxations), for the words “a fire brigade or of an ambulance service” substitute “an ambulance service or as an employee of a fire and rescue authority employed for the purposes of that authority”.
Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985
9
In article 3(h) of the Radioactive Substances (Gaseous Tritium Light Devices) Exemption Order 1985 (exemption under section 1 subject to conditions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.
Road Vehicles (Construction and Use) Regulations 1986
10
1
The Road Vehicles (Construction and Use) Regulations 1985 are amended as follows.
2
In regulation 10B(3)(f) (vehicles to which regulation 10A applies), after the word “1947” insert “or, in England, a motor vehicle used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.
3
In regulation 10C(7)(d) (meaning of “trailer”), after the word “1947” insert “or, in England, a trailer used by employees of a fire and rescue authority for the purposes of that authority under the Fire and Rescue Services Act 2004”.
4
In the following provisions, after the words “fire brigade” insert “or, in England, fire and rescue authority” in each place where the words occur —
a
regulation 36B(14)(e) (speed limits);
b
regulation 37(5)(a) (audible warning instruments);
c
regulation 82(10)(a) (wide loads);
d
regulation 101(2)(a) (parking in darkness); and
e
regulation 107(2)(a) (leaving motor vehicles unattended).
Local Government Reorganisation (Preservation of Right to Buy) Order 1986
11
In paragraph 42 of Part 1 of Schedule 1 to the Local Government Reorganisation (Preservation of Right to Buy) Order 1986 (modification of Part 5 of the Housing Act 1985), for the words “a fire authority for the purposes of the Fire Services Acts 1947 to 1959” substitute “a fire rescue authority under the Fire and Rescue Services Act 2004”.
Dangerous Substances in Harbour Areas Regulations 1987
12
In regulation 30 of the Dangerous Substances in Harbour Areas Regulations 1987 (storage tanks), after the words “fire authority” insert “or, in England, fire and rescue authority” in both places where the words occur.
Safety of Sports Grounds Regulations 1987
13
1
The Safety of Sports Grounds Regulations 1987 are amended as follows.
2
In regulation 5(6) (notices by local authorities) —
a
and the end of sub-paragraph (c) delete “and”;
b
after sub-paragraph (c) insert —
ca
in relation to England —
i
the fire and rescue authority, where the local authority is not the fire and rescue authority; and
ii
the building authority, where the local authority is not the building authority; and
; and
c
in sub-paragraph (d) for the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case” substitute “in relation to Wales and Scotland”.
3
In paragraph 4(a) of Part 1 of the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.
Income Support (General) Regulations 1987
14
After paragraph 7(1)(a) of Schedule 8 to the Income Support (General) Regulations 1987 (sums to be disregarded in the calculation of earnings), insert —
aa
a part-time fire-fighter employed by a fire and rescue authority;
.
Housing Benefit (General) Regulations 1987
15
1
The Housing Benefit (General) Regulations 1987 are amended as follows.
2
After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in calculation of earnings), insert —
aa
a part-time fire-fighter employed by a fire and rescue authority;
.
3
After paragraph 3(2)(a) of Schedule 3A (sums disregarded from claimants earnings), insert —
aa
as a part-time fire-fighter employed by a fire and rescue authority;
.
Safety of Places of Sport Regulations 1988
16
1
The Safety of Places of Sport Regulations 1988 are amended as follows.
2
In regulation 4(8) (notices by local authorities) —
a
and the end of sub-paragraph (c) delete “and”;
b
after sub-paragraph (c) insert —
ca
in relation to England —
i
the fire and rescue authority, where the local authority is not the fire and rescue authority; and
ii
the building authority, where the local authority is not the building authority; and
; and
c
in sub-paragraph (d) for the words “where the local authority is in Greater London or a metropolitan county, the fire authority or, in any other case” substitute “in relation to Wales and Scotland”.
3
In paragraph 4(a) of Part 1 of the Schedule (application for a safety certificate), after the words “fire authority” insert “or fire and rescue authority”.
Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989
17
In article 5(2)(c) of the Fire Precautions (Factories, Offices, Shops and Railway Premises) Order 1989 (premises exempt from requirement for fire certificate) and article 6(1) (premises qualifying for exemption from requirement for fire certificate), after the words “fire authority” insert “or, in England, fire and rescue authority”.
Fire Precautions (Sub-surface Railway Stations) Regulations 1989
18
1
The Fire Precautions (Sub-surface Railway Stations) Regulations 1989 are amended as follows.
2
In the definition of “fire brigade” in regulation 2 (interpretation), after the words “fire authority” insert “or, in England, employees of a fire and rescue authority; and “members of a fire brigade” shall be interpreted accordingly”.
3
In regulation 12 (exemption from requirements) —
a
in paragraph (1) after the words “fire authority” insert “or, in England, a fire and rescue authority” in each place where the words occur; and
b
in paragraphs (2) and (3) after the words “fire authority” insert “or fire and rescue authority” in both places where they occur.
Road Vehicles Lighting Regulations 1989
19
In the table in regulation 3 of the Road Vehicles Lighting Regulations 1989 (interpretation), in paragraph (a) of the definition of “emergency vehicle” after the words “fire brigade” insert “or, in England, fire and rescue authority”.
Dangerous Substances (Notification and Marking of Sites) Regulations 1990
20
In regulation 2(1) of the Dangerous Substances (Notification and Marking of Sites) Regulations 1990 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the site is situated”.
Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990
21
1
The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990 are amended as follows.
2
In regulation 2(1) (interpretation), for the definition of “fire authority” substitute —
“fire and rescue authority” in relation to any road or other place, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or other place is situated;
.
3
In regulation 14(1)(ii) (notice of the making of the order), for the words “fire authority” substitute “fire and rescue authority”.
Housing (Prescribed Forms) (No 2) Regulations 1990
22
In Form 35 in the Schedule to the Housing (Prescribed Forms) (No 2) Regulations 1990 (closing order for part of a house in multiple occupation), for the words “Fire Authority” substitute “Fire and Rescue Authority”.
Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990
23
Article 2 of the Channel Tunnel (Fire Services, Immigration and Prevention of Terrorism) Order 1990 (fire services) is amended as follows —
a
in paragraph (1), for the words from “For the purpose of” to “shall have effect” substitute “For the purpose of enabling functions to be exercised under the Fire and Rescue Services Act 2004 (“the 2004 Act ”), including the making of such schemes and arrangements as may be made under sections 13(1), 15(1) and 16(1) of the 2004 Act, that Act shall have effect”;
b
in paragraph (1)(b)(i), for the words “fire authority within the meaning of the 1947 Act” substitute “fire and rescue authority under the 2004 Act”;
c
in paragraph (1)(b)(ii), for the words “members of a brigade maintained by that authority were members of a brigade maintained in pursuance of that Act” substitute “employees of that authority were employees of a fire and rescue authority”;
d
for paragraph (2) substitute —
2
Where, in connection with the exercise of any functions under the 2004 Act in relation to the tunnel system, an employee of a fire and rescue service is in transit to or from the tunnel system and is outside the United Kingdom he shall be treated as if he were an employee of a fire and rescue service employed by a fire and rescue authority outside its area under section 11(4) of the 2004 Act.
;
e
in paragraph (3), for the words “fire authority” substitute “fire and rescue authority”; and
f
in paragraph (4), for the words “Section 2(3), (5) and (9) and section 12(2) to (5) of the 1947 Act” substitute “Section 14(2) and (3) and section 17 of the 2004 Act”.
Public Works Contracts Regulations 1991
24
In regulation 3(1) of the Public Works Contracts Regulations 1991 (contracting authorities), after sub-paragraph (i) insert —
ia
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
.
Road Traffic (Temporary Restrictions) Procedure Regulations 1992
25
In regulation 2(1) of the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England, the fire and rescue authority for that area under the Fire and Rescue Services Act 2004”.
Housing (Right to Buy) (Prescribed Persons) Order 1992
26
In the Schedule to the Housing (Right to Buy) (Prescribed Persons) Order 1992 (which prescribes certain persons who satisfy the landlord condition in Schedule 4(8) to the Housing Act 1985), for the words “a fire authority for the purposes of the Fire Services Acts 1947 to 1959” substitute “a fire and rescue authority under the Fire and Rescue Services Act 2004”.
Council Tax Benefit (General) Regulations 1992
27
1
The Council Tax Benefit (General) Regulations 1992 are amended as follows.
2
After paragraph 6(1)(a) of Schedule 3 (sums to be disregarded in the calculation of earnings), insert —
aa
a part-time fire-fighter employed by a fire and rescue authority;
.
3
After paragraph 3(2)(a) of Schedule 3A (sums disregarded from claimant’s earnings), insert —
aa
as a part-time fire-fighter employed by a fire and rescue authority;
.
The Child Support (Maintenance Assessments and Special Cases) Regulations 1992
28
After paragraph 1(1)(i)(ii) of Part 1 of Schedule 1 to the Child Support (Maintenance Assessments and Special Cases) Regulations 1992 (earnings of an employed earner), insert —
iia
a part-time fire-fighter employed by a fire and rescue authority;
.
Motor Vehicles (Wearing of Seat Belts) Regulations 1993
29
In regulation 6(1)(f) of the Motor Vehicles (Wearing of Seat Belts) Regulations 1993 (exemptions), after the words “fire brigade” insert “or, in England, fire and rescue authority”.
Civil Defence (General Local Authority Functions) Regulations 1993
30
In regulation 4(3) of the Civil Defence (General Local Authority Functions) Regulations 1993 (civil defence functions of county councils) —
a
for the words “Fire Services Act 1947” substitute “Fire and Rescue Services Act 2004”; and
b
in sub-paragraph (a), for the words “fire authority” substitute “fire and rescue authority”.
Public Services Contracts Regulations 1993
31
In regulation 3(1) of the Public Services Contracts Regulations 1993 (contracting authorities), after sub-paragraph (i) insert —
ia
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
.
Education (Special Educational Needs) (Approval of Independent Schools) Regulations 1994
32
In paragraph 5 of Schedule 2 to the Education (Special Education Needs) (Approval of Independent Schools) Regulations 1994 (further requirements to be complied with while approval is in force) —
a
for the words “fire authority” substitute “fire and rescue authority” in both places where they occur; and
b
in sub-paragraph (1) for the words “section 1(1)(f) of the Fire Services Act 1947” substitute “section 6(2)(b) of the Fire and Rescue Services Act 2004”.
Public Supply Contracts Regulations 1995
33
In regulation 3(1) of the Public Supply Contracts Regulations 1995 (contracting authorities), after sub-paragraph (i) insert —
ia
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 2 of that Act applies,
.
Marriages (Approved Premises) Regulations 1995
34
In paragraph 3 of Schedule 1 to the Marriages (Approved Premises) Regulations 1995 (requirements for the grant of approval), after the words “fire authority” insert “or, in England, fire and rescue authority”.
Goods Vehicles (Licensing of Operators) Regulations 1995
35
In paragraph 6 of Part 1 of Schedule 3 to the Goods Vehicles (Licensing of Operators) Regulations 1995 (exempt vehicles), after the words “fire brigade” insert “or, in England, fire and rescue authority”.
Jobseeker’s Allowance Regulations 1996
36
1
The Jobseeker’s Allowance Regulations 1996 are amended as follows.
2
In regulation 4 (interpretation of Parts 2, 4 and 5), in the definition of “part-time member of a fire brigade” after the words “Fire Services Acts 1947 — 1959” insert “or, in England, a part-time fire-fighter employed by a fire and rescue authority”.
3
After regulation 53(d)(i) (persons treated as not engaged in remunerative work ), insert —
ia
a part-time fire-fighter employed by a fire and rescue authority;
.
4
After paragraph 9(1)(a) of Schedule 6 (sums to be disregarded in the calculation of earnings), insert —
aa
a part-time fire-fighter employed by a fire and rescue authority;
.
Construction (Health, Safety and Welfare) Regulations 1996
37
In regulation 33(1) of the Construction (Health, Safety and Welfare) Regulations 1996 (enforcement in respect of fire), after the words “Fire Precautions Act 1971” insert “or, in England, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are situated”.
Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996
38
In regulation 6 of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 (consultation) —
a
in paragraph (1) for the words “In case (b) the chief officer of the fire brigade of the fire authority” substitute “In case (b) the fire and rescue authority”;
b
in paragraph (2) for the definition of “fire authority” substitute —
“fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or place is situated;
.
Social Security Benefit (Computation of Earnings) Regulations 1996
39
After paragraph 9(a) of Schedule 1 to the Social Security Benefit (Computation of Earnings) Regulations 1996 (sums to be disregarded in the calculation of earnings), insert —
aa
a part-time fire-fighter employed by a fire and rescue authority;
.
Housing Renewal Grants Regulations 1996
40
In paragraph 8(1)(a) of Schedule 2 to the Housing Renewal Grants Regulations 1996 (sums to be disregarded in the determination of earnings), for the words “a part-time fireman in a fire-brigade maintained in pursuance of the Fire Services Acts 1947 to 1959” substitute “a part-time fire-fighter employed by a fire and rescue authority”.
Royal Parks and Other Open Spaces Regulations 1997
41
In regulation 6 of the Royal Parks and Other Open Spaces Regulations 1997 (exemptions from certain regulations), after paragraph (1) insert —
1A
In relation to England, the reference to a member of a fire brigade in paragraph (1) is a reference to an employee of a fire and rescue authority.
.
Fire Precautions (Workplace) Regulations 1997
42
1
The Fire Precautions (Workplace) Regulations 1997 are amended as follows.
2
In regulation 2(1) (interpretation), in the definition of “fire authority”, after the words “Fire Services Act 1947” insert “or, in England, a fire and rescue authority under the Fire and Rescue Services Act 2004”.
3
In regulation 18 —
a
in paragraph (5) —
i
after the words “fire brigade” insert “or, in England, employee of a fire authority”; and
ii
after the words “maintain that brigade” insert “or who employ that person”.
b
in paragraph (6), after the words “the Fire Services Act 1947” insert “or section 28 of the Fire and Rescue Services Act 2004”.
4
In regulation 20(b) after the words “fire authority” insert “or, in England, employee of a fire and rescue authority”.
Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997
43
In the following provisions of the Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 , after the words “fire brigade” insert “or, in England, fire and rescue authority” in each place where the words occur —
a
regulation 12(1)(e) (significance of vehicular light signals at Pelican crossings);
b
regulation 13(1)(f) (significance of vehicular light signals at Puffin crossings); and
c
regulations 21(c) (exceptions to regulation 20).
Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997
44
1
The Combined Fire Authorities (Protection from Personal Liability) (England) Regulations 1997 are amended as follows.
2
For regulation 2 (interpretation), substitute —
Interpretation
2
In these Regulations “the 2004 Act” means the Fire and Rescue Services Act 2004, and “combination scheme” means a scheme under section 2 of that Act or a scheme to which section 4 of that Act applies.
.
3
In regulation 3(1)(a) (protection from personal liability) for the words “fire authority for the purposes of the 1947 Act” substitute “fire and rescue authority for the purposes of the 2004 Act”.
4
In the following provisions, for the words “fire authority” substitute “fire and rescue authority” in each place where the words occur —
a
regulation 3(1)(b);
b
the full-out to regulation 3(1); and
c
regulation 3(2).
Police Information Technology Organisation (Additional Bodies) Order 1998
45
In paragraph 1(j) of article 2 of the Police Information Technology Organisation (Additional Bodies) Order 1998 (bodies for which PITO may carry out activities), after the words “fire authority” insert “or fire and rescue authority”.
Health and Safety (Enforcing Authority) Regulations 1998
46
In regulation 4(3)(e) of the Health and Safety (Enforcing Authority) Regulations 1998 (exceptions), after the words “the Fire Precautions Act 1971” insert “or, in England, a fire and rescue authority under the Fire and Rescue Services Act 2004”.
Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998
47
1
The Combined Fire Authorities (Secure Tenancies) (England) Regulations 1998 are amended as follows.
2
For regulation 2 (interpretation), substitute —
Interpretation
2
In these Regulations “the 2004 Act” means the Fire and Rescue Services Act 2004, and “combination scheme” means a scheme under section 2 of that Act or a scheme to which section 4 of that Act applies.
.
3
In regulation 3(1)(a) (secure tenancies) for the words “fire authority for the purposes of the 1947 Act” substitute “fire and rescue authority for the purposes of the 2004 Act”.
4
In the following regulations, for the words “fire authority” substitute “fire and rescue authority” in each place where they occur —
a
regulation 3(1)(b);
b
the full-out to regulation 3(1); and
c
regulation 3(2).
Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 1998
48
In Schedule 1 to the Late Payment of Commercial Debts (Interest) Act 1998 (Commencement No 1) Order 1998 (meaning of “United Kingdom Public Authority”), after paragraph 1(g) insert —
ga
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
.
Highways (Road Humps) Regulations 1999
49
In regulation 3(b) of the Highways (Road Humps) Regulations 1999 (consultation), for the words “the chief officer of the fire brigade” substitute “the fire and rescue authority”.
Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999
50
In Schedule 1 to the Redundancy Payments (Continuity of Employment in Local Government, etc.) (Modification) Order 1999 (employment to which the Order applies), after paragraph 1 of section 6 insert —
1A
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
.
Motor Vehicles (Driving Licences) Regulations 1999
51
1
The Motor Vehicles (Driving Licences) Regulations 1999 are amended as follows.
2
In regulation 23(1) (persons by whom theory tests may be conducted) —
a
in paragraph (d), omit the words “England and”; and
b
after paragraph (d), insert —
da
in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;
.
3
In regulation 24(1) (persons by whom practical and unitary tests may be conducted) —
a
in paragraph (c), omit the words “England and”; and
b
after paragraph (c), insert —
ca
in England, a person appointed by any fire and rescue authority for the purpose of testing employees of any fire and rescue authority;
.
Building (Approved Inspectors etc.) Regulations 2000
52
1
The Building (Approved Inspectors etc.) Regulations 2000 are amended as follows.
2
In regulation 2(1) (interpretation), for the definition of “fire authority” substitute —
“fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the premises are or are to be situated;
.
3
In the following provisions, for the words “fire authority” substitute “fire and rescue authority” in each place where the words occur —
a
regulation 13 (approved inspector’s consultation with the fire authority);
b
Schedule 2 (forms);
c
Schedule 3 (grounds for rejecting an initial notice etc.);
d
Schedule 4 (grounds for rejecting a plans certificate etc.);
e
Schedule 5 (grounds for rejecting a final certificate);
f
Schedule 6 (grounds for rejecting a public body’s notice etc.);
g
Schedule 7 (grounds for rejecting a public body’s plans certificate etc.); and
h
Schedule 8 (grounds for rejecting a public body’s public certificate).
Local Authorities (Functions and Responsibilities) (England) Regulations 2000
53
In Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (functions not to be the responsibility of an authority’s executive), for H2 substitute —
a
in the first column, the words “2 Functions under the Fire-fighters' Pension Scheme relating to pensions, etc as respects persons employed by fire and rescue authorities pursuant to section 1 of the Fire and Rescue Services Act 2004”; and
b
in the second column, the words “Sections 34 and 36 of the Fire and Rescue Services Act 2004 (c. 21) ”.
Child Support (Maintenance Calculations and Special Cases) Regulations 2000
54
After paragraph 4(2)(g)(ii) of the Schedule to the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 (calculation of earnings), insert —
iia
a part-time fire-fighter employed by a fire and rescue authority;
.
Trunk Road Charging Schemes (Bridges and Tunnels) (England) Procedure Regulations 2001
55
In regulation 4(b) of the Trunk Road Charging Schemes (Bridging and Tunnels) (England) Procedure Regulations 2001 (consultation), for the words “the chief officer of the fire brigade” substitute “the fire and rescue authority”.
Race Relations Act 1976 (Statutory Duties) Order 2001
56
In Schedule 1 to the Race Relations Act 1976 (Statutory Duties) Order 2001 (bodies and other persons required to publish race equality schemes), after the entry for a fire authority constituted by a combination scheme under section 5 or 6 of the Fire Services Act 1947 insert —
A fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
.
Local Authorities (Model Code of Conduct) (England) Order 2001
57
In article 1 of the Local Authorities (Model Code of Conduct) (England) Order 2001 (application), for paragraph (2)(h) substitute —
h
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; and
.
Care Homes Regulations 2001
58
1
The Care Homes Regulations 2001 are amended as follows.
2
In regulation 2(1) (interpretation), for the definition of “fire authority” substitute —
“fire and rescue authority” means, in relation to a care home, the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the care home is situated;
.
3
In regulation 23(4) (fitness of premises), for the words “fire authority” substitute “fire and rescue authority”.
Children’s Homes Regulations 2001
59
Regulation 32 of the Children’s Homes Regulations 2001 (fire precautions) is amended as follows —
a
in paragraph (1) for the words “fire authority” substitute “fire and rescue authority”; and
b
for paragraph (2) substitute —
2
In this regulation, “fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a children’s home is situated.
.
Private and Voluntary Health Care (England) Regulations 2001
60
Regulation 25 of the Private and Voluntary Health Care (England) Regulations 2001 (fitness of premises) is amended as follows —
a
in paragraph (4) for the words “fire authority” substitute “fire and rescue authority”; and
b
for paragraph (5) substitute —
5
In this regulation “fire and rescue authority” in relation to an establishment or agency, means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the establishment or agency is situated.
.
Radioactive Material (Road Transport) Regulations 2002
61
In regulation 69(2)(a) of the Radioactive Material (Road Transport) Regulations 2002 (duties of drivers etc. in the event of a radiological emergency), after the words “fire brigade” insert “or, in England, the fire and rescue authority”.
State Pension Credit Regulations 2002
62
After paragraph 2(2)(a) of Schedule VI to the State Pension Credit Regulations 2002 (sums disregarded from claimant’s earnings), insert —
aa
as a part-time fire-fighter employed by a fire and rescue authority;
.
Control of Asbestos at Work Regulations 2002
63
In regulation 3(3)(a) of the Control of Asbestos at Work Regulations 2002 (duties under the Regulations) —
a
after the words “fire authority” insert “or, in England, a fire and rescue authority”; and
b
after the words “by that authority” insert “or by employees of that authority”.
Traffic Signs Regulations and General Directions 2002
64
1
The Traffic Signs Regulations and General Directions 2002 are amended as follows.
2
In the following provisions, after the words “fire brigade” insert “or, in England, fire and rescue authority” in each place where the words occur —
a
regulation 15(2) (significance of certain sign);
b
regulation 26(5)(b) (road markings shown in certain diagrams);
c
regulation 27(3)(c) (road markings shown in certain diagram);
d
regulation 36(1)(b) (significance of light signals prescribed by certain regulations); and
e
paragraph 4(1)(a) of Schedule 19 (bus stop and bus stand clearways and box junctions).
Residential Family Centres Regulations 2002
65
Regulation 22 of the Residential Family Centres Regulations 2002 (fire precautions) is amended as follows —
a
in paragraph (1), for the words “fire authority” substitute “fire and rescue authority”; and
b
for paragraph (2) substitute —
2
In this regulation, “fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which a residential family centre is situated.
.
Local Government (Best Value) Performance Indicators and Performance Standards Order 2003
66
1
The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 is amended as follows.
2
In article 1(2) (interpretation), for the definition of “fire authority” substitute —
“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
.
3
In article 16 (performance indicators for fire services) for the words “fire authorities” substitute “fire and rescue services”.
Accounts and Audit Regulations 2003
67
In regulation 7 of the Accounts and Audit Regulations 2003 (statement of accounts), for paragraph (3)(k) substitute —
k
any fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; and
.
Local Authorities (Members' Allowances) (England) Regulations 2003
68
1
The Local Authorities (Members' Allowances) (England) Regulations 2003 are amended as follows.
2
In regulation 3 (application), for paragraph (1)(e) substitute —
e
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
.
3
In regulation 34 (disapplication), for paragraph (4)(e) substitute —
e
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
.
Highways, Crime Prevention etc (Special Extinguishment and Special Diversion Orders) Regulations 2003
69
In Schedule 3 to the Highways, Crime Prevention etc (Special Extinguishment and Special Diversion Orders) Regulations 2003 (additional persons to be served with notice of orders), for the words “The authority discharging the functions of fire authority under the Fire Services Act 1947” substitute “The fire and rescue authority under the Fire and Rescue Services Act 2004”.
Education (Independent School Standards) (England) Regulations 2003
70
1
The Education (Independent School Standards) (England) Regulations 2003 are amended as follows.
2
In regulation 4 (interpretation), for the definition of “fire authority” substitute —
“fire and rescue authority” means a fire and rescue authority under the Fire and Rescue Services Act 2004;
.
3
In paragraph 3(5)(b) of the Schedule (independent schools standards), for “fire authority” substitute “fire and rescue authority”.
Regulation of Investigatory Powers (Communications Data) Order 2003
71
1
The Regulation of Investigatory Powers (Communications Data) Order 2003 is amended as follows.
2
In Part 1 of Schedule 2 (individuals in additional public authorities that may acquire all types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.
3
In Part 2 of Schedule 2 (individuals in the public authorities specified in Part 1 that may only acquire certain types of communication), after the words “Any fire authority within the meaning of the Fire Services Act 1947 (read with paragraph 2 of Schedule 11 to the Local Government Act 1985)” insert “or any fire and rescue authority under the Fire and Rescue Services Act 2004”.
Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004
72
1
The Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2004 are amended as follows.
2
In regulation 2(1) (interpretation), after the definition of “fire authority” insert —
“fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004;
;
3
In regulation 6 (application to armed forces) —
a
in paragraph (2)(a)(ii)(bb) —
i
omit the words “England and”;
ii
for the word “or” at the end, substitute “and”; and
b
after paragraph (2)(a)(ii)(bb) insert —
cc
the fire and rescue authority (as respects England) for each area in which the place selected for training is situated; or
.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
2nd December 2004


text:
Title, commencement and application
1
1
These Regulations may be cited as the Pig Carcase (Grading) (Amendment) (England) Regulations 2004 and shall come into force on 12th July 2004.
2
These Regulations apply to England only.
Amendments to the Pig Carcase (Grading) Regulations 1994
2
In the Pig Carcase (Grading) Regulations 1994 —
a
in regulation 2(1) —
i
for the definition of “the Commission Decision” there shall be substituted the following definition —
“the Commission Decision” means Commission Decision 2004/370/ EC authorising methods for grading pig carcases in the United Kingdom;
;
ii
in the definition of “pig carcase”, for “Articles 2 and 2a” there shall be substituted “Articles 3 and 4”; and
b
in regulation 6(b), for “Article 3” there shall be substituted “Article 5”.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
12th June 2004


text:
Title and commencement
1
This Order may be cited as the Medicines (Vaccination against Foot-and-Mouth Disease) Order 2004, and shall come into force on 1st December 2004.
Interpretation
2
In this Order —
“ the Act ” means the Medicines Act 1968;
“the appropriate authority” means in England the Secretary of State for Environment, Food and Rural Affairs, in Wales the National Assembly for Wales, in Scotland the Scottish Ministers and in Northern Ireland the Department of Agriculture and Rural Development;
“the Chief Veterinary Officer” means the officer appointed to that post in the Department for Environment, Food and Rural Affairs acting in connection with the Council Directive on FMD ;
“the Council Directive on FMD” means Council Directive 2003/85/ EC on Community measures for the control of foot-and-mouth disease repealing Directive 85/511/ EEC and Decisions 89/531/EEC and 91/665/EEC and amending Directive 92/46/EEC ;
“establishment of a relevant risk” means the identification by the Chief Veterinary Officer of a relevant risk and communication by her or on her behalf of that identification in such manner and to such persons as she regards appropriate in the circumstances;
“FMD” means foot-and-mouth disease;
“FMD vaccine” means any veterinary drug presented for use in vaccination against FMD;
“lay vaccinator” means a person entitled by virtue of the Veterinary Surgery (Vaccination against Foot-and-Mouth Disease) Order 2004 to carry out a minor treatment under section 19(4)(e) of the Veterinary Surgeons Act 1966 ;
“relevant risk” means risk of outbreak of FMD in the United Kingdom which is posed in the circumstances described in Article 50.1(b) of the Council Directive on FMD;
“response to a relevant risk” means any act or sequence of acts to prevent an outbreak of FMD in the United Kingdom after the establishment of a relevant risk;
“response to an outbreak of FMD” means any act or sequence of acts to control or eradicate FMD in all or any part of the United Kingdom which is undertaken once an outbreak of FMD has occurred in the United Kingdom;
“ RNA ” means ribonucleic acid;
and other expressions have the same meanings as in the Council Directive on FMD.
Supply of FMD vaccine
3
1
The restrictions of sections 52 (“Sale or supply of medicinal products not on general sale list”) and 58(2)(a) (“Medicinal products on prescription only”) of the Act shall not apply to the supply of FMD vaccine by —
a
a person falling under any of the following categories if he acts within the terms of his engagement by the appropriate authority and does so as part of the appropriate authority’s response to an outbreak of FMD which has occurred in the United Kingdom or as part of the appropriate authority’s response to a relevant risk:
i
officers of the appropriate authority;
ii
lay vaccinators;
iii
other persons engaged by the appropriate authority; or
b
a person who acts on the instructions of his employer if by virtue of sub-paragraph (a)(iii) the restrictions of sections 52 and 58(2)(a) of the Act do not apply to that employer when he gives those instructions.
2
For the purposes of paragraph (1) an outbreak of FMD has occurred in the United Kingdom where —
a
the situation described in any of paragraphs 1 to 4 of the Schedule applies in the United Kingdom, and an analysis establishing the finding referred to in that paragraph is confirmed by the Chief Veterinary Officer or on her behalf in such manner and to such persons as she regards appropriate in the situation; or
b
the situation described in paragraph 5 of the Schedule applies and the Chief Veterinary Officer’s satisfaction described in that paragraph is communicated by her or on her behalf in such manner and to such persons as she regards appropriate in the situation.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
14th October 2004
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D.C.Gowdy
Permanent Secretary,
Department of Health, Social Services and Public Safety
25th October 2004
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
25th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Retirement Pensions) Amendment Regulations 2004 and shall come into force on 27th September 2004.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
In the Social Security (Claims and Payments) Regulations 1987 , in regulations 6 (date of claim), after paragraph (30) add —
31
Subject to paragraph (32), where —
a
a person —
i
has attained pensionable age, but for the time being makes no claim for a Category A retirement pension; or
ii
has attained pensionable age and has a spouse who has attained pensionable age, but for the time being makes no claim for a Category B retirement pension;
b
in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 , (Class 3 contributions: tax years 1996-97 to 2001-02) the Commissioners of Inland Revenue subsequently accept Class 3 contributions paid after the due date by the person or, in the case of a Category B retirement pension, the spouse;
c
in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and
d
the person claims a Category A or, as the case may be, a Category B retirement pension,
the claim shall be treated as made on —
i
1 st October 1998; or
ii
the date on which the person attained pensionable age in the case of a Category A retirement pension, or, in the case of a Category B retirement pension, the date on which the person’s spouse attained pensionable age,
whichever is later.
32
Paragraph (31) shall not apply where —
a
the person’s entitlement to a Category A or B retirement pension has been deferred by virtue of section 55(2)(a) of the Contributions and Benefits Act (increase of retirement pension where entitlement is deferred); or
b
the person’s nominal entitlement to a Category A or B retirement pension is deferred in pursuance of section 36(4) and (7) of the National Insurance Act 1965 (increase of graduated retirement benefit where entitlement is deferred),
nor where sub-paragraph (a) and (b) both apply.
.
Amendment of the Social Security and Child Support (Decisions and Appeals) Regulations 1999
3
In the Social Security and Child Support (Decisions and Appeals) Regulations 1999 , regulation 5 (date from which a decision revised under section 9 takes effect) shall be renumbered paragraph (1) of regulation 5 and after paragraph (1) add —
2
Where —
a
a person attains pensionable age, claims a retirement pension after the prescribed time for claiming and the Secretary of State decides (“the original decision”) that he is not entitled because —
i
in the case of a Category A retirement pension, the person has not satisfied the contribution conditions; or
ii
in the case of a Category B retirement pension, the person’s spouse has not satisfied the contribution conditions;
b
in accordance with regulation 50A of the Social Security (Contributions) Regulations 2001 (Class 3 contributions: tax years 1996-97 to 2001-02) the Board subsequently accepts Class 3 contributions paid after the due date by the claimant or, as the case may be, the spouse;
c
in accordance with regulation 6A of the Social Security (Crediting and Treatment of Contributions, and National Insurance Numbers) Regulations 2001 the contributions are treated as paid on a date earlier than the date on which they were paid; and
d
the Secretary of State revises the original decision in accordance with regulation 11A(4)(a),
the revised decision shall take effect from —
i
1 st October 1998; or
ii
the date on which the claimant attained pensionable age in the case of a Category A pension, or, in the case of a Category B pension, the date on which the claimant’s spouse attained pensionable age,
whichever is later.
.
Andrew Smith
Secretary of State,
Department for Work and Pensions
2nd September 2004


text:
Citation and commencement
1
This Order may be cited as the Discretionary Housing Payments (Grants) Amendment Order 2004 and shall come into force on 29 th September 2004.
Amendment of the Discretionary Housing Payments (Grants) Amendment Order 2001
2
1
The Discretionary Housing Payments (Grants) Order 2001 shall be amended in accordance with the following provisions of this article.
2
In article 1(2) (interpretation), at the appropriate places in the alphabetical order, insert —
“final claim” means any claim which falls to be made in accordance with article 3(2)(g);
“non-audit claim” means any claim made by a relevant authority in England and Wales under article 3(2)(f) where the total amount of the claim in respect of the relevant year is less than £50,000;
.
3
In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.
4
For article 4 (records and information provisions), substitute —
Record and information provisions
4
1
A relevant authority shall, in relation to any relevant year —
a
keep such records as are likely to be required for the purpose described in paragraph (2), should there be a final claim by that authority in respect of that year; and
b
where there is such a claim, on request —
i
produce such of those records, and
ii
provide such other information,
as the auditor may require for the purpose described in paragraph (2).
2
The purpose referred to in paragraph (1) is the purpose of satisfying the auditor that —
a
the entries on the claim form are correctly stated; and
b
expenditure on which the claim is based has been properly incurred,
so that a final claim may be made by the date specified in article 3(2)(g).
3
The relevant authority shall, in relation to any relevant year —
a
keep such records as are likely, in connection with any claim the authority may make in respect of that year, to be required for the purpose described in sub-paragraph (b); and
b
on request —
i
produce in time such of those records, and
ii
provide in time such other information,
as the Secretary of State may require for the purpose of satisfying himself that the claim is accurate and properly calculated.
4
In paragraph (3), “in time” means no later than the end of the period of six weeks beginning with the day on which the request referred to in that paragraph is sent to the relevant authority.
.
5
For article 6 (payment), substitute —
Payment
6
Subject to article 6A, the Secretary of State may make payments by way of instalments by reference to claims submitted in accordance with article 3 but no final payment shall be made until –
a
in the case of a non-audit claim, the Secretary of State is satisfied that no request for relevant information made in accordance with article 4(3) is outstanding; or
b
in the case of a final claim —
i
the relevant authority’s auditor has certified on the claim form that the entries on the claim referred to in article 3(2)(c) and (g) are fairly stated;
ii
the final claim is audited; and
iii
the Secretary of State is satisfied that no request for relevant information made in accordance with article 4 is outstanding.
.
6
After that article, insert —
Estimating amounts
6A
1
Where, in relation to any relevant year, a relevant authority has not, before the time specified in article 3, 4 or 5, as the case may be, complied with any condition with which it is required under that article to comply, the Secretary of State may estimate the amount of any payment, including any payment by instalments, payable to that authority in accordance with section 70 of the Act in respect of that year, and may employ for that purpose such criteria as he considers relevant.
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
6th September 2004
We consent
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
7th September 2004


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Education (Penalty Notices) (England) Regulations 2004 and shall come into force on 27th February 2004.
2
In these Regulations —
“ the Act ” means the Education Act 1996;
“recipient” means a person to whom a penalty notice is given in accordance with section 444A(1) of the Act.
3
These regulations apply only in relation to England.
Form and content of penalty notices
2
A penalty notice shall give such particulars of the circumstances alleged to constitute the offence to which the notice relates as are necessary to give reasonable information as to the offence and shall contain —
a
the name and address of the recipient;
b
the name and address of the child who is failing to attend school regularly, and the name of the school where he is a registered pupil;
c
the name and official particulars of the authorised officer issuing the notice;
d
the date of the offence and of the issue of the notice;
e
the amount of the penalty which is to be paid, and any variation in the amount under regulation 3;
f
the name and the address of the local education authority to which the penalty is to be paid and to which any correspondence relating to the penalty notice may be sent, being the local education authority in whose area is the school at which the recipient’s child is a registered pupil;
g
the method or methods by which payment of the penalty may be made;
h
the period for paying the penalty, in accordance with regulation 3;
i
a statement that payment will discharge any liability for the offence;
j
the consequences of the penalty not being paid before the expiration of the period for paying it; and
k
the grounds on which the notice may be withdrawn.
Amount and payment of penalty
3
The amount of the penalty to be paid shall be —
a
£50 where the amount is paid within 28 days of receipt of the notice;
b
£100 where the amount is paid within 42 days of receipt of the notice.
4
1
The penalty shall be payable to the local education authority named in the penalty notice.
2
A certificate purporting to be signed by the proper officer or the chief education officer of a local education authority to the effect that the recipient of a penalty notice has or has not paid the amount due on or before a date stated in the certificate shall be received in evidence in any legal proceedings and shall be evidence of the matters stated in it.
Effect of issue of penalty notice
5
The period prescribed for the purposes of section 444A(3) of the Act shall be 42 days.
6
If the penalty is not paid in full before the expiry of the period for paying it the local education authority named in the notice shall either institute proceedings against the recipient for the offence to which the notice relates or shall withdraw the notice in accordance with regulation 7.
Withdrawal of penalty notice
7
1
A penalty notice may be withdrawn by the local education authority in any case in which that authority determines that —
a
it ought not to have been issued, or
b
it ought not to have been issued to the person named as the recipient.
2
Where a penalty notice has been withdrawn in accordance with paragraph (1) —
a
notice of the withdrawal shall be given to the recipient;
b
any amount paid by way of penalty in pursuance of that notice shall be repaid to the person who paid it; and
c
no proceedings shall be continued or instituted against the recipient for the offence in connection with which the withdrawn notice was issued or for an offence under section 444(1A) of the Act arising out of the same circumstances.
Authority to issue penalty notices
8
A head teacher may authorise a deputy or assistant head teacher to issue penalty notices.
9
An authorised staff member may only issue a penalty notice in respect of a child who is a registered pupil at his school.
10
An officer of a local education authority may only issue a penalty notice in respect of a child who is a registered pupil at a school in the area of —
a
that local education authority; or
b
another local education authority which has an agreement to that effect with his local education authority.
11
Where there is more than one person liable for the offence a separate notice may be issued to each person.
Codes of conduct
12
Each local education authority shall draw up a code of conduct which sets out measures to ensure consistency in the issuing of penalty notices, including —
a
means of avoiding the issue of duplicate notices;
b
measures to ensure that a notice is not issued when proceedings for an offence under section 444 of the Act are contemplated or have been commenced by the local education authority;
c
the occasions when it will be appropriate to issue a penalty notice for an offence;
d
a maximum number of penalty notices that may be issued to one parent in any twelve month period; and
e
arrangements for co-ordination between the local education authority, neighbouring local education authorities where appropriate, the police and authorised officers.
13
In preparing the code of conduct the local education authority shall consult governing bodies, head teachers and the chief officer of police for a police area which includes all or part of the area of the local education authority, and shall have regard to any guidance issued by the Secretary of State.
14
Any person issuing a penalty notice shall do so in accordance with the code of conduct drawn up by the local education authority.
15
The Secretary of State may at any time direct a local education authority —
a
(if it has not already drawn up a code of conduct under regulation 12) to prepare a draft code for his approval by the date specified in the direction; or
b
(if it has already drawn up such a code but the code appears to the Secretary of State to make inappropriate provisions) to prepare a draft of revisions to the code for his approval by the date specified in the direction.
16
The Secretary of State may approve a draft code or draft revisions to the code submitted under regulation 15 with or without modifications and —
a
where a draft code has been approved (pursuant to regulation 15(a) and this regulation) it shall have effect as approved; and
b
where draft revisions to the code have been approved (pursuant to regulation 15(b) and this regulation) the code shall have effect with the approved revisions.
Information
17
A person issuing a penalty notice shall forthwith provide a copy to the local education authority which is named in the notice.
18
A local education authority shall keep records of penalty notices which shall include —
a
a copy of each notice issued;
b
a record of all payments made and on what dates;
c
whether the notice was withdrawn and on what grounds;
d
and whether the recipient was prosecuted for the offence for which the notice was issued.
19
A local education authority shall supply to the Secretary of State such information as he may require in respect of penalty notices.
Service of notices
20
1
A penalty notice may be served by —
a
giving it to the recipient; or
b
leaving it at the recipient’s usual or last-known address; or
c
sending it to the recipient at that address by first class post.
2
Service by post shall be deemed to have been effected on the second day after posting the notice by first-class post.
Use of monies received
21
Any sums received by local education authorities by way of penalties must be applied in meeting the costs of issuing and enforcing notices, or the cost of prosecuting recipients who do not pay.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
29th January 2004


text:
Citation
1
This Order may be cited as the Co-operatives and Community Benefit Societies Act 2003 (Commencement No. 2) Order 2004.
Appointed day
2
The day appointed for the coming into force of section 1 of the Co-operatives and Community Benefit Societies Act is 13th December 2004.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Surrey) (Borough of Reigate and Banstead) Order 2004 and shall come into force on 1st June 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the borough of Reigate and Banstead except —
a
the entire length of the M25, including its on and off slip roads, within the borough;
b
the entire length of the M23, including its on and off slip roads, within the borough;
c
the A217 —
i
from the northern boundary of the borough to its junction with Green Lane, Lower Kingswood, except for the layby at The Parade, Burgh Heath; and
ii
from its junction with Stubbs Lane, Lower Kingswood, to its junction with Blackhorse Lane, Lower Kingswood; and
d
the A23 —
i
from its junction with West Avenue, Salfords to the junction with Chestnut Road, Horley;
ii
from the northern boundary of the borough to a point 110 metres north of its junction with Netherne Drive; and
iii
from its junction with Dean Lane, Hooley to its junction with Harps Oak Lane, Merstham.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
7th May 2004


text:
Citation and commencement
1
These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) (Revocation) Regulations 2004 and shall come into force on 1st May 2004.
Revocation and savings
2
1
Subject to paragraphs (2) and (3) the following regulations are revoked —
a
the Education Maintenance Allowance (Pilot Areas) Regulations 2001 ;
b
the Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2002 ; and
c
the Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003 .
2
The regulations referred to in paragraph (1) shall continue to have effect until the end of 31st August 2004 in relation to students who —
a
are receiving for the academic year 2003 – 2004 any of the allowances specified in regulation 8, 9, 10 or 11 of the Education Maintenance Allowance (Pilot Areas) Regulations 2001, or
b
applied for any such allowance for the academic year 2003 – 2004 before 1st May 2004, or
c
apply for any such allowance for the academic year 2003 – 2004 on or after 1st May 2004.
3
In paragraph (2) “academic year” has the same meaning as in the Education Maintenance Allowance (Pilot Areas) Regulations 2001.
Ivan Lewis
Parliamentary Under Secretary of State
Department for Education and Skills
30th March 2004


text:
Citation, interpretation and commencement
1
These Rules may be cited as the Magistrates' Courts (Parenting Orders) Rules 2004 and shall come into force on 27th February 2004.
2
In these Rules the “ 2003 Act ” means the Anti-social Behaviour Act 2003 .
Parenting Orders under the Anti-social Behaviour Act 2003
3
An application for a parenting order made under section 20 of the 2003 Act shall be made by complaint and in the form set out at Schedule 1 or a form to like effect.
4
A parenting order made under section 20 of the 2003 Act shall be in the form set out at Schedule 2 or a form to like effect.
5
An application for a parenting order made under section 26 of the 2003 Act shall be made by complaint and in the form set out at Schedule 3 or a form to like effect.
6
A parenting order made under section 26 of the 2003 Act shall be in the form set out at Schedule 4 or a form to like effect.
Parenting Orders under the Crime and Disorder Act 1998
7
A parenting order made under section 8 of the Crime and Disorder Act 1998 shall be in the form set out at Schedule 5 or a form to like effect.
Parenting Orders under the Powers of Criminal Courts (Sentencing) Act 2000
8
A parenting order made under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 shall be in the form set out at Schedule 6 or a form to like effect.
Application for variation or discharge
9
An application for the variation or discharge of an order made under section 20(3) or section 26(3) of the 2003 Act, or under paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000 shall be made by complaint to the magistrates' court which made the order, and shall specify the reason why the applicant for variation or discharge believes the court should vary or discharge the order, as the case may be.
Falconer of Thoroton, C.
Dated 1st February 2004