text:
Citation, commencement and interpretation
1
1
This Order may be cited as the 5 Boroughs Partnership National Health Service Trust (Establishment) and the Warrington Community Health Care National Health Service Trust (Dissolution) Amendment Order 2004 and shall come into force on 15th November 2004.
2
In this Order, “the Establishment Order ” means the 5 Boroughs Partnership National Health Service Trust (Establishment) and the Warrington Community Health Care National Health Service Trust (Dissolution) Order 2001 .
Amendment of nature and functions of the trust
2
In article 3(2) of the Establishment Order (nature and functions of the trust) from “at” where it first appears to “facilities” shall be deleted.
Increase in the number of non-executive directors of the trust
3
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “6 non-executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
3rd November 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Associated British Ports (Immingham Outer Harbour) Harbour Revision Order 2004 and shall come into force on 30th August 2004.
Interpretation
2
1
Subject to the provisions of article 3(2) below, the words and expressions assigned meanings by Acts wholly or partly incorporated with this Order shall have those meanings in this Order, and
“the 1847 Act ” means the Harbours, Docks and Piers Clauses Act 1847 ;
“the 1904 Act ” means the Humber Commercial Railway and Dock Act 1904 ;
“the 1983 Act ” means the Associated British Ports Act 1983 ;
“the 1990 Act ” means the Associated British Ports Act 1990 ;
“ A.B. Ports ” means Associated British Ports;
“Chart Datum” in relation to any dredging is 3.9 metres below Ordnance Datum (Newlyn);
“the deposited maps” means the maps consisting of a location plan, a plan of the works numbered sheet 1, a key plan numbered sheet 2 and sections numbered sheets 3, 4 and 5, prepared in duplicate, signed by the Head of Ports Division in the Department for Transport and marked “Maps referred to in the Associated British Ports (Immingham Outer Harbour) Harbour Revision Order 2004” one copy of which is deposited at the Department and the other at the principal office of A.B. Ports;
“the Dock Master ” means the dock master of A.B. Ports at Immingham and Grimsby;
“the Western Jetty ” means the Western Jetty in the river Humber authorised by the 1904 Act as “jetty ( No. 1)”;
“the limits of deviation” means the limits of deviation shown on sheet 1 of the deposited maps;
“the proposed outer harbour” means the area within the limits of deviation including the works;
“tidal work” means so much of any of the works as is on, under or over tidal waters or tidal lands below the level of high water;
“the undertaking” means the undertaking of A.B. Ports as authorised from time to time;
“vessel” has the meaning assigned to it in section 3 (Interpretation) of the 1983 Act;
“the works” means the works authorised by this Order.
2
Unless the context otherwise requires, any reference in this Order to a work identified by the number of such work shall be construed as a reference to the work of that number authorised by this Order.
3
All directions, distances, points and dimensions stated in any descriptions of works shall be construed as if the words “or thereabouts” were inserted after each such direction, distance, point or dimension.
Incorporation of Act of 1847
3
1
The 1847 Act, except sections 6 to 13, 16 to 23, 25, 48 to 50, 77 to 80, 83 to 90, 97 to 99 and 101, so far as applicable for the purposes of and not inconsistent with this Order, is incorporated with and forms part of this Order.
2
For the purposes of the 1847 Act, as so incorporated —
i
the expression “the special Act ” means this Order;
ii
the expression “the harbour, dock, or pier” means the works;
iii
the expression “the harbour master” means, in relation to the works, the Dock Master;
iv
for the meaning assigned to the word “vessel” by section 3 of the 1847 Act there shall be substituted the definition of the word “vessel” contained in article 2(1) above; and
v
section 53 of the 1847 Act shall not be construed as requiring the harbour master to serve upon the master of a vessel a notice in writing of his directions but such directions may be given orally or otherwise communicated to such master;
Provided that a notice which is not in writing shall not be deemed to be sufficient unless in the opinion of the court before which any case may be heard it was not reasonably practicable to serve a written notice on the master of the vessel.
Power to make works
4
1
A.B. Ports may, in the lines and situations shown on sheet 1 of the deposited maps and according to the levels shown on sheets 3, 4 and 5 of the deposited maps, make and maintain the following works on the bed and foreshore of the river Humber —
Work No. 1 A bund commencing on the eastern face of the existing Humber International Terminal at a point 70 metres south of its north eastern corner, extending 300 metres in a south-easterly direction and terminating at a point on the existing flood defence wall 250 metres north east from the Immingham Bulk Terminal Conveyor, together with a new sea wall and a reclamation of the foreshore of the river Humber on the landward side of the bund. Work No. 2 A ramp commencing at the north eastern corner of the existing Humber International Terminal and extending in an easterly direction for 100 metres. Work No. 3 A ramp commencing on the face of the existing Humber International Terminal immediately south of Work No. 2 and extending in a south-easterly direction for 100 metres. Work No. 4 A ramp commencing on the face of the existing Humber International Terminal 50 metres south of Work No. 3 and extending in a south-easterly direction for 100 metres. Work No. 5 A ramp commencing on the face of the bund comprised in Work No. 1 at a point 100 metres north of the existing flood defence wall and extending in a south-easterly direction for 100 metres. Work No. 6 A ramp commencing on the face of the bund comprised in Work No. 1 at a point 50 metres south of Work No. 5 and extending in a south-easterly direction for 100 metres. Work No. 7 A line of mooring dolphins consisting of mooring points and jetty protection connected for all or part of its lengths by a walkway, commencing at the north eastern corner of the existing Humber International Terminal and running parallel to Work No. 2 and then parallel to the Immingham Bulk Terminal Jetty, together with jetty protection works at the south eastern end of the Immingham Bulk Terminal Jetty. Work No. 8 A line of mooring dolphins connected for all or part of its length by a walkway commencing at a point adjoining the end of either or both of Works Nos. 3 and 4 and extending 230 metres in a south-easterly direction. Work No. 9 A line of mooring dolphins connected for all or part of its length by a walkway commencing at a point adjoining the end of either or both of Works Nos. 5 and 6 and extending 230 metres in a south-easterly direction. Work No. 10 The demolition and removal of the Western Jetty for a distance of 180 metres from its western end, together with the strengthening of the remaining part of the jetty (and works to improve the berth on the south side of the jetty). Work No. 11 A quay commencing by a connection with Work No. 1 at a point adjoining Work No. 6 and extending adjoining the existing flood defence wall in a south-easterly direction for 400 metres.
2
A.B. Ports may, within the limits of deviation, from time to time alter, enlarge, replace, relay, extend or reconstruct temporarily or permanently the works.
3
The works shall for all purposes form part of the undertaking.
Power to make subsidiary works
5
A.B. Ports may from time to time within the limits of deviation erect, construct and maintain all such works, conveniences, appliances and apparatus as it from time to time deems necessary or convenient for the purposes of, or in connection with or incidental to, the construction and maintenance of the works or the accommodation of vessels or the carrying out of dock operations at or on the works including, in particular —
a
strengthening works to the Immingham Bulk Terminal within the limits of deviation; and
b
works to channel, culvert, or divert existing watercourses within Work No. 1.
Power to deviate
6
In constructing Works Nos. 1 to 11 A.B. Ports may deviate laterally from the lines or situations shown on sheet 1 of the deposited maps and described in article 4 (Power to make works) above to the extent of the limits of deviation and may deviate vertically from the levels shown on sheets 3, 4 and 5 of the deposited maps to any extent not exceeding three metres upwards and to such extent downwards as may be found necessary or convenient.
Fine for obstructing works
7
Any person who intentionally obstructs any person acting under the authority of A.B. Ports in constructing the works or intentionally or recklessly interferes with equipment or materials used in the construction of the works shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Power to dredge in Humber
8
1
For the purposes of affording uninterrupted means of access to the works and of enabling their use at all states of the tide, A.B. Ports may from time to time deepen, dredge, scour, cleanse, alter and improve the bed, shores and channels of the river Humber —
a
within the proposed outer harbour to a maximum depth of 10 metres below Chart Datum; and
b
in the approaches adjoining or near to the proposed outer harbour to a maximum depth of 9.1 metres below Chart Datum;
and may (subject to paragraphs (2) and (3) below) as it thinks fit use, appropriate or dispose of the materials from time to time taken up or collected by it in the course of any such operations.
2
No materials referred to in this article shall:
a
be disposed of in contravention of the provisions of any enactment relating to the disposal of waste; or
b
be deposited below the level of mean high-water springs otherwise than in such places and under such conditions and restrictions as may be approved or prescribed by the Secretary of State.
3
The power to use, appropriate or dispose of materials referred to in this article shall not extend to wreck (within the meaning of Part IX of the Merchant Shipping Act 1995 ) found by A.B. Ports.
4
Nothing in this article shall be construed as limiting the powers of A.B. Ports under section 9 of the Humber Conservancy Act 1905 .
Tidal works not to be executed without approval of Secretary of State
9
1
A tidal work shall not be constructed, altered, enlarged, replaced, relaid, extended or reconstructed except in accordance with plans and sections approved by the Secretary of State and subject to any conditions and restrictions imposed by the Secretary of State before the work is begun.
2
If a tidal work is constructed, altered, enlarged, replaced, relaid, extended or reconstructed in contravention of this article or of any condition or restriction imposed under this article —
a
the Secretary of State may by notice in writing require A.B. Ports at its own expense to remove the tidal work or any part thereof and restore the site thereof to its former condition; and, if on the expiration of 30 days from the date when the notice is served upon A.B. Ports it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; or
b
if it appears to the Secretary of State urgently necessary so to do, he may remove the tidal work or part of it and restore the site to its former condition;
and any expenditure incurred by the Secretary of State in so doing shall be recoverable from A.B. Ports.
Provision against danger to navigation
10
1
In case of injury to, or destruction or decay of, a tidal work or any part thereof, A.B. Ports shall as soon as reasonably practicable notify Trinity House and shall lay down such buoys, exhibit such lights and take such other steps for preventing danger to navigation as Trinity House shall from time to time direct.
2
If without reasonable excuse A.B. Ports fails to notify Trinity House as required by paragraph (1) above or to comply in any respect with a direction given under the said paragraph, it shall be liable on summary conviction to a fine not exceeding the statutory minimum and on conviction on indictment to a fine.
Abatement of works abandoned or decayed
11
1
Where a tidal work is abandoned, or suffered to fall into decay, the Secretary of State may by notice in writing require A.B. Ports at its own expense either to repair and restore the work of any part thereof, or to remove the work and restore the site thereof to its former condition, to such an extent and within such limits as the Secretary of State thinks proper.
2
Where a work consisting partly of a tidal work and partly of works on or over land above the level of high water is abandoned or suffered to fall into decay and that part of the work on or over land above the level of high water is in such condition as to interfere or to cause reasonable apprehension that it may interfere with the right of navigation or other public rights over the foreshore, the Secretary of State may include that part of the work, or any portion thereof, in any notice under paragraph (1) above.
3
If, on the expiration of 30 days from the date when a notice under paragraph (1) above is served upon A.B. Ports, it has failed to comply with the requirements of the notice, the Secretary of State may execute the works specified in the notice; and any expenditure incurred by the Secretary of State in so doing shall be recoverable from A.B. Ports.
Survey of tidal works
12
The Secretary of State may at any time, if he deems it expedient, order a survey and examination of a tidal work or of the site upon which it is proposed to construct the work, and any expenditure incurred by the Secretary of State in any such survey and examination shall be recoverable from A.B. Ports.
Permanent lights on tidal works
13
1
After the completion of a tidal work A.B. Ports shall at the outer extremity thereof exhibit every night from sunset to sunrise such lights, if any, and take such steps for the prevention of danger to navigation as Trinity House shall from time to time direct.
2
If A.B. Ports fails to comply in any respect with a direction given under paragraph (1) above, it shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for A.B. Ports to prove that all due diligence was used to secure compliance with the direction.
Lights on tidal works during construction
14
1
A.B. Ports shall at or near a tidal work during the whole time of the construction, alteration, enlargement, replacement, relaying or extension thereof exhibit every night from sunset to sunrise such lights, if any, and take such other steps for the prevention of danger to navigation as the Secretary of State shall from time to time direct.
2
If A.B. Ports fails to comply in any respect with a direction given under paragraph (1) above, they shall be liable on summary conviction to a fine not exceeding the statutory maximum and on conviction on indictment to a fine; but it shall be a defence for A.B. Ports to prove that all due diligence was used to secure compliance with the direction.
Limits of jurisdiction of Dock Master
15
The limits within which the powers of the Dock Master in relation to the works may be exercised under and subject to the provisions of the 1847 Act, as incorporated with this Order, shall extend to a distance of 200 metres in every direction from those works.
Application of byelaws of A.B. Ports
16
1
The Immingham Dock Byelaws 1929 shall be deemed to apply in relation to the works and may be enforced by A.B. Ports accordingly until such time as new byelaws relating to the works shall be made by A.B. Ports and come into operation.
2
In the Immingham Dock Byelaws as applied by paragraph (1) above, references to “the prescribed limits” shall be construed as extending to the limits within which the powers of the Dock Master may be exercised under article 15 (Limits of jurisdiction of Dock Master) of this Order.
3
In this article “Immingham Dock Byelaws 1929” means the byelaws made by the London and North Eastern Railway Company on the 1st day of January 1929 and confirmed by the Minister of Transport on the 4th day of January 1929.
Works to be within district of North East Lincolnshire, etc.
17
In so far as the works are not situated within the existing area of a local authority they shall be deemed to be within —
a
the district of North East Lincolnshire; and
b
the parish of Immingham and
c
the petty sessional division of Grimsby and Cleethorpes.
Conservation (Natural Habitats, &c.) Regulations 1994
18
Regulation 60 of the Conservation (Natural Habitats, &c.) Regulations 1994 shall not apply to any planning permission which relates to the development authorised by this Order and which is granted by article 3(1) of the Town and Country Planning (General Permitted Development) Order 1995 for the class of development described as permitted development in Part 11 of Schedule 2 to that Order.
Protection for Environment Agency
19
1
The following provisions shall, unless otherwise agreed in writing between the Environment Agency (in this article referred to as “the Agency”) and A.B. Ports, have effect.
2
In this article —
“accumulation” means any accumulation of silt or other material;
“completion” in relation to a work means the date on which it is brought into use;
“construction” includes execution and placing, maintenance, extension, enlargement, alteration, replacement, relaying and removal; and “construct” and “constructed” have corresponding meanings;
“drainage work” means any watercourse and any land used for providing flood storage capacity for any watercourse and any bank, wall, embankment, outfall or other structure or appliance constructed or used for land drainage, defence against water (including sea water) or tidal monitoring;
“erosion” means any erosion of the bed or shore of the sea or of the bed or banks of the river Humber;
“the fishery” means fish in, or migrating to or from, any river and the spawn, habitat or food of such fish;
“outfall” means —
any existing land drainage outfall for which the Agency is responsible; or
any sewer, pipe or drain provided for groundwater, surface water or storm overflow sewerage;
“plans” includes sections, descriptions, drawings, specifications and method statements and other such particulars;
“specified work” means any permanent or temporary work or operation authorised by the Order (which includes for the avoidance of doubt, any dredging and any exploratory geotechnical investigations that may be undertaken); and
“watercourse” has the meaning given in section 221(1) of the Water Resources Act 1991 .
3
Before beginning to construct any specified work or any compensatory habitat to be constructed in connection with the specified work, A.B. Ports shall submit to the Agency plans of the work or habitat and such further particulars available to it as the Agency may reasonably require.
4
Without prejudice to paragraph (3) above, A.B. Ports shall ensure that its contractor provides the Agency with all necessary hydraulic information in order to identify and quantify any effects of accumulation or erosion or alteration of the tidal flow or littoral drift which are likely to be caused by any such specified work and such information shall be accompanied by an appropriate assessment of that information and of any remedial measures which may be reasonably necessary having regard to any such likely effects.
5
Any specified work and any compensatory habitat to be constructed in connection with the specified works shall not be constructed except in accordance with such plans as may be approved in writing by the Agency or settled in accordance with paragraph (27) below.
6
Any approval of the Agency required under paragraph (5) above —
a
shall not be unreasonably withheld;
b
shall be deemed to have been given if it is neither given nor refused in writing and, in the case of a refusal, with a statement of the grounds for refusal within two months of the submission of plans for approval;
c
may be given subject to such reasonable requirements as the Agency may impose for the protection of any drainage work or fishery or water resources, for the prevention of flooding and water pollution and in the discharge of its environmental and recreational duties.
7
Without prejudice to the generality of paragraph (6) above, the requirements which the Agency may impose under that paragraph include —
a
conditions as to the time at which the manner in which any work is to be carried out;
b
conditions requiring A.B. Ports at its own expense —
i
to provide or maintain means of access for the Agency;
ii
to construct such protective works whether temporary or permanent during the construction of the specified works (including the provision of flood banks, walls or embankments, outfalls and other new works and the strengthening, repair or renewal of existing banks, walls or embankments, outfalls or other works) as are reasonably necessary to safeguard any drainage work against damage or to secure that its efficiency for flood defence purposes is not impaired and that the risk of flooding is not otherwise increased by reasons of any specified work or the provision of compensatory habitat;
iii
to monitor accumulation, erosion or alteration of the tidal flow or littoral drift arising during the construction or following the completion of the specified works;
iv
to provide, maintain and operate arrangements for dealing with any pollution incidents which may occur during and as a result of the construction of the specified works.
8
Any specified work, any compensatory habitat approved under paragraph (5) above and any protective works required by the Agency under paragraph (7) above, shall be constructed to the reasonable satisfaction of the Agency and the Agency shall be entitled by its officer to watch and inspect the construction of such works.
9
A.B. Ports shall give to the Agency notice in writing of the commencement of any specified work and of the construction of any such compensatory habitat not less than 14 days in each case prior to the commencement and notice in writing of completion not later than 7 days after such completion.
10
If, during the construction of a specified work or within 10 years after the completion of such work, there is caused or created an accumulation or erosion or alteration of the tidal flow or littoral drift which in whole or in part is reasonably attributable to such work and which causes damage, or reasonable expectation of damage, A.B. Ports shall, if so required by the Agency before or within the period of 10 years after such completion and to the extent that it is so attributable remedy such accumulation, erosion, alteration of tidal flow or littoral drift, in the manner specified in paragraph (13) below and, if it refuses or fail so to do, the Agency may itself cause work to be done and may recover the reasonable cost thereof from A.B. Ports.
11
Should any accumulation or erosion or alteration of the tidal flow or littoral drift which causes damage or reasonable expectation of damage, arise within the said period of 10 years and be required to be remedied in accordance with paragraph (10) above, any continuation or recurrence of such accumulation or erosion or alteration of the tidal flow or littoral drift shall from time to time be so remedied by A.B. Ports during the said period of 10 years and at any time thereafter, save that A.B. Ports' obligation under this paragraph shall cease in the event that following the remedying of any accumulation or erosion or alteration of the tidal flow or littoral drift a period of 10 years elapses without any further such accumulation or erosion or alteration of the tidal flow or littoral drift.
12
In paragraph (10) and (11) above, “damage” means any damage to the bed or banks of the river Humber or any adverse effect upon the structure or operation of any outfall, flood or sea defences or any jetty or other structure under the jurisdiction of the Agency for the purposes of the Water Resources Act 1991.
13
For the purposes of paragraphs (11) and (12) above —
a
in the case of an accumulation, the remedy shall be its removal or such other protective works or measures as may be reasonably required by the Agency; and
b
in the case of erosion or alteration of tidal flow or littoral drift, the remedy shall be the carrying out of such reconstruction works and other protective works or measures as may be reasonably required by the Agency.
14
To the extent that A.B. Ports establishes by surveys, inspections, tests or sampling and without unreasonably delaying the execution of any remedial action required under paragraph (10) above that such accumulation or erosion or alteration of tidal flow or littoral drift would have been caused in any event by factors other than the construction of a specified work A.B. Ports shall not be liable to remedy such accumulation or erosion or alteration of tidal flow or littoral drift.
15
Any specified work and any work constructed as part of or to facilitate the provision of a compensatory habitat constructed in connection with the specified works which, in either case, provides a defence against flooding shall be maintained by and at the expense of A.B. Ports to the reasonable satisfaction of the Agency.
16
If any such work is no longer required by A.B. Ports or is not maintained to the reasonable satisfaction of the Agency, the Agency may by notice in writing require A.B. Ports at A.B. Ports' own expense to repair and restore the work, or any part thereof, or to remove the work and restore the site (including any sea defences) to its former condition, to such an extent and within such limits as the Agency thinks proper.
17
If, on the expiration of 30 days from the date on which a notice is served upon A.B. Ports it has failed to comply with the requirements of the notice, the Agency may execute the works specified in the notice, and any expenditure incurred by it in so doing shall be recoverable from A.B. Ports.
18
If by reason of the construction of any specified work or any work constructed as part of or to facilitate the provision of a compensatory habitat constructed in connection with a specified work or by reason of the failure of any such work or of A.B. Ports to maintain it the efficiency of any drainage work for flood defence purposes is impaired or that work is damaged, such impairment or damage shall be made good by A.B. Ports to the reasonable satisfaction of the Agency and, if A.B. Ports fails to do so, the Agency may make good the same and recover from A.B. Ports the expense reasonably incurred by it in so doing.
19
If any works are constructed by the Agency in relation to a drainage work A.B. Ports shall have no claim against the Agency in respect of any additional costs which may be incurred by A.B. Ports as a result of such works.
20
A.B. Ports shall indemnify the Agency in respect of all reasonable costs, charges and expenses which the Agency may reasonably incur or have to pay or which it may sustain —
a
in the examination or approval of plans under this article;
b
in the inspection of the construction of the specified works, any compensatory habitat approved under paragraph (5) above and any protective works required by the Agency under this article.
21
Without prejudice to the other provisions of this article A.B. Ports shall indemnify the Agency from all claims, demands, proceedings, costs, damages or expenses or loss which may be made or taken against, or recovered from or incurred by, the Agency by reason of the construction of any of the works or by reason of their maintenance, repair, alteration, renewal, removal, existence or use or any act or omission of A.B. Ports, its contractors, agents, workmen, or servants whilst engaged upon any such work.
22
The Agency shall give A.B. Ports reasonable notice of any such claim or demand and no settlement or compromise thereof shall be made without the agreement of A.B. Ports which agreement shall not be unreasonably withheld.
23
The fact that any work or thing has been executed or done in accordance with a plan approved or deemed to be approved by the Agency, or to its satisfaction, or in accordance with any directions or award of an arbitrator, shall not (if it was done without neglect or default on behalf of the Agency, of any person in its employ or of its contractors or agents) relieve A.B. Ports from any liability under the provisions of this article.
24
Nothing in paragraphs (18) or (21) shall impose any liability on A.B. Ports in respect of accumulation or erosion or alteration of the tidal flow or littoral drift other than such accumulation or erosion or alteration of the tidal flow or littoral drift which A.B. Ports is liable to remedy under paragraph (10) or (11).
25
Except as otherwise provided by this article nothing in this Order shall prejudice or affect in their application to the Agency the powers, rights, jurisdiction and obligations conferred, arising or imposed under the Land Drainage Act 1991 , the Salmon and Freshwater Fisheries Act 1975 , the Water Resources Act 1991 or any other enactment, byelaw or regulation relating to the Agency.
26
For the purposes of section 109 of the Water Resources Act 1991 (as to structures in or under watercourses), section 23 of the Land Drainage Act 1991 or any byelaw relating to the land drainage or flood defence functions of the Agency, as applying to the construction of any specified work or any compensatory habitat to which paragraph (5) above applies, any approval given or deemed to be given by the Agency under this article with respect to such construction shall be deemed to constitute a consent or approval under that section or byelaw.
27
Unless the parties agree to arbitration any difference arising between A.B. Ports and the Agency under paragraph (3) above shall be settled by the Secretary of State for the Environment, Food and Rural Affairs on a reference to him by either party after notice in writing to the other.
28
Subject to paragraph (27) above, any difference arising between A.B. Ports and the Agency under this article (other than a difference as to its meaning or construction) shall be referred to and settled by a single arbitrator appointed by agreement between the parties on reference to him by either party, after notice in writing to the other, or, in default of agreement, by the President of the Institution of Civil Engineers.
Saving for Crown Rights
20
1
Nothing in this Order affects prejudicially any estate, right, power, privilege, authority or exemption of the Crown, and in particular, nothing in this Order authorises A.B. Ports to take, use, enter upon or in any manner interfere with any land, hereditaments, or rights of whatsoever description (including any part of the shore or bed of the sea or any river, channel, creek, bay or estuary) —
a
belonging to Her Majesty in right of Her Crown and under the management of the Crown Estate Commissioners without the consent in writing of those Commissioners; or
b
belonging to a government department or held in trust for Her Majesty for the purposes of a government department without the consent in writing of that government department.
2
A consent under paragraph (1) above may be given unconditionally or subject to such conditions or upon such terms as may be considered necessary or appropriate.
Signed by authority of the Secretary of State for Transport
Phil Carey
Heads of Ports Division in the
Department for Transport
23rd August 2004


text:
Citation, application and commencement
1
This Order, which applies to England only, may be cited as the Non-Domestic Rating (Former Agricultural Premises) (England) Order 2004 and shall come into force on 1st April 2005.
Rateable value limits
2
In respect of any hereditament shown in a non-domestic rating list compiled on or after 1st April 2005, £7,000 is the amount specified for the purposes of section 43(6F)(b) of the Local Government Finance Act 1988 (mandatory relief for former agricultural premises).
Revocation and saving
3
1
Subject to paragraph (2), the Non-Domestic Rating (Former Agricultural Premises) (England) Order 2001 is revoked.
2
The Non-Domestic Rating (Former Agricultural Premises) (England) Order 2001 shall continue to have effect in respect of any hereditament shown in a non-domestic rating list compiled before 1st April 2005.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
29th November 2004


text:
PART 1
PRELIMINARY
Citation and commencement
1
These Regulations may be cited as the Ship and Port Facility (Security) Regulations 2004 and shall come into force —
a
from 1st July 2004 for international shipping; and
b
from 1st July 2005 for Class A passenger ships engaged in domestic shipping, their companies and the port facilities serving them.
Interpretation
2
1
In these Regulations —
“the EC Regulation” means Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security;
“the SOLAS Convention” means the International Convention for the Safety of Life at Sea 1974 as amended from time to time, in so far as those amendments are integrated in Community maritime legislation in accordance with Article 10 of the EC Regulation ;
“ ISPS Code” means the International Ship and Port Facility Security Code as amended from time to time, in so far as those amendments are integrated in Community maritime legislation in accordance with Article 10 of the EC Regulation ;
“Class A passenger ships” are passenger ships within the meaning of Article 4 of Council Directive 98/18/EC of 17 March 1998 on safety rules and standards for passenger ships, in which “Class A” means a passenger ship engaged on domestic voyages other than voyages covered by Classes B, C and D in Article 4 of the Directive;
“constable” includes any person having the powers and privileges of a constable;
“domestic shipping” means any transport service by ship in sea areas from a port facility of the United Kingdom to the same port facility or another port facility within the United Kingdom;
“duly authorised officer” means either —
an inspector appointed under section 256 of the Merchant Shipping Act 1995 , or
a surveyor appointed under section 256 of the Merchant Shipping Act 1995, or
an “authorised person” within the meaning of section 46(1) of the Aviation and Maritime Security Act 1990;
“international shipping” means any maritime transport service by ship from a port facility of the United Kingdom to a port facility outside the United Kingdom, or conversely;
“international voyage” means a voyage from a country to which the SOLAS Convention applies to a port outside such country, or conversely;
“master” includes every person (except a pilot) having command or charge of a ship;
“non-United Kingdom ship” means a ship other than a United Kingdom ship;
“owner of the port facility security plan” means the person who submits the port facility security plan or the person on whose behalf that plan is submitted to the Secretary of State for approval under section 16.2 of Part A of the ISPS Code;
“restricted area” means an area in a ship or a port facility that is identified as such in a ship security plan or port facility security plan;
“United Kingdom registration provisions” means Part II of the Merchant Shipping Act 1995, or any Order in Council under section 1 of the Hovercraft Act 1968 .
“United Kingdom ship” has the same meaning as in section 85(2) of the Merchant Shipping Act 1995, and
“United Kingdom waters” means the sea or other waters within the seaward limits of the territorial sea of the United Kingdom.
2
The expressions used in these Regulations which are given a meaning in the SOLAS Convention or the ISPS Code have the same meaning they bear in those instruments, and are listed in the Schedule to these Regulations.
3
Other expressions used in these Regulations which are also used in the EC Regulation, have the same meaning they bear in that Regulation.
Purpose
3
The purpose of these Regulations is to provide for the implementation of the EC Regulation.
Application
4
1
These Regulations apply to —
a
the following types of United Kingdom ships and non-United Kingdom ships in United Kingdom waters when engaged on international voyages, and their companies:
i
passenger ships including high speed craft which carry more than 12 passengers;
ii
cargo ships, including high speed craft, of 500 gross tonnage and upwards;
iii
mobile offshore drilling units;
b
Class A passenger ships operating domestic services within United Kingdom waters and their companies;
c
the following port facilities —
i
port facilities serving the ships specified in paragraph (1)(a); and
ii
port facilities serving ships specified in paragraph (1)(b).
2
These Regulations do not apply to —
a
ships of war and troop ships;
b
cargo ships of less than 500 gross tonnage;
c
ships not propelled by mechanical means;
d
wooden ships of primitive build;
e
pleasure yachts not engaged in trade;
f
fishing vessels; and
g
vessels not engaged in commercial activities.
Designations
5
The Secretary of State for Transport is hereby designated —
a
the “focal point for maritime security” for the purposes of the EC Regulation;
b
the “competent authority for maritime security” for the purposes of the EC Regulation;
c
the “designated authority” for the purposes of Chapter XI-2 of the SOLAS Convention and the ISPS Code.
PART 2
INSPECTIONS
Inspection of ships and port facilities by a duly authorised officer
6
1
For the purpose of enabling a duly authorised officer to verify that ships and port facilities are in compliance with the requirements of the EC Regulation or of ascertaining whether any enforcement notice is being or has been complied with, a duly authorised officer shall have the power, on production (if required) of his credentials, to inspect —
a
any United Kingdom ship;
b
any non-United Kingdom ship while in a port facility;
c
any non-United Kingdom ship in United Kingdom waters which has communicated its intention to enter a port in the United Kingdom;
d
any United Kingdom port facility.
2
A duly authorised officer inspecting a ship or a port facility shall have power —
a
to subject any property found by him on the ship, or any apparatus or equipment installed on the ship which is required by or approved in the relevant ship security plan to such tests,
b
to subject any part of the port facility or any property found by him in the port facility, or any apparatus or equipment installed in the port facility which is required by or approved in the relevant port facility security plan to such tests,
c
to take such steps —
i
to ascertain what practices or procedures are being followed in relation to security, or
ii
to test the effectiveness of any practice or procedure relating to security, or
d
to require the company, or the company security officer, or the ship security officer, or the master of the ship, or the port facility security officer, or the owner of the port facility security plan, or person acting on behalf of any of the aforementioned persons to furnish to him such information,
as the duly authorised officer may consider necessary for the purpose for which the inspection is carried out.
3
Subject to paragraph (4), a duly authorised officer, for the purpose of exercising any power conferred on him by paragraphs (1) or (2) in relation to a ship or in relation to a port facility, may —
a
for the purpose of inspecting a ship, go on board and take all such steps as are necessary to ensure that it is not moved, or
b
for the purpose of inspecting a port facility, to enter any building or works in the port facility or enter upon any land in the port facility.
4
The powers conferred by paragraph (3) shall not include power for a duly authorised officer to use force for the purpose of going on board any ship, entering any building or works or entering upon any land.
5
Any person who —
a
without reasonable excuse, fails to comply with a requirement imposed on him under paragraph (2)(d), or
b
in furnishing any information so required makes a statement which he knows to be false in a material particular, or recklessly makes a statement which is false in a material particular,
commits an offence.
6
A person guilty of an offence under paragraph (5) is liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
Inspection of companies and port facilities by the European Commission
7
1
The following persons are required to submit to such inspections of ships and port facilities that are conducted by the Commission pursuant to article 9 of the EC Regulation —
a
the company;
b
the company security officer;
c
the ship security officer;
d
the master of a ship;
e
the port facility security officer; and
f
the owner of the port facility security plan.
2
The persons referred to in paragraph (1) shall take all necessary steps to remedy any shortcomings identified by the Commission following such an inspection as are notified to them in writing by the Secretary of State, and shall do so within such period as may be required in the notification.
PART 3
DETENTION OF SHIPS
Detention notices
8
1
Where a duly authorised officer proposes to detain a ship pursuant to the control and compliance measures specified in Regulation 9 of Chapter XI-2 of the SOLAS Convention, he shall serve on the master of the ship a notice (in this part referred to as a detention notice) which states that the duly authorised officer is detaining the ship because he has grounds for believing that —
a
the ship is not in compliance with Chapter XI-2 of the SOLAS Convention, or
b
the ship is not in compliance with Part A of the ISPS Code, or
c
there has been a failure to make available for inspection a valid International Ship Security Certificate or a valid Interim International Ship Security Certificate issued under Part A of the ISPS Code.
2
A detention notice shall specify the steps that the duly authorised officer requires to be taken in respect of the ship in order to secure its release from detention.
3
A detention notice shall require the master to take steps to ensure that the ship does not proceed to sea while the detention notice is in force.
4
The master of a ship in respect of which a detention notice is served may object to the notice in writing to the Secretary of State.
5
On receipt of an objection to a detention notice served under paragraph (1) the Secretary of State shall —
a
consider the objection;
b
allow the person making the objection and the duly authorised officer who gave the notice an opportunity to make written or oral representations to the Secretary of State or a person appointed by him;
c
confirm, modify or cancel the notice, and
d
give notice of his decision in writing to the person who made the objection and to the duly authorised officer who served the notice.
6
The Secretary of State shall include in his decision a finding as to whether in relation to any of the matters specified in respect of a ship in a detention notice in pursuance of paragraph (1), there was or was not a valid basis for the detention of the ship.
7
A detention notice in respect of a ship shall continue in force until —
a
a duly authorised officer cancels it by notice in writing.
b
the Secretary of State cancels it under paragraph (5)(c).
8
A person commits an offence if without reasonable excuse he fails to comply with a requirement of a detention notice.
9
A person who is guilty of an offence under paragraph (8) shall be liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
Compensation for invalid detention of a ship
9
1
Where having considered an objection in respect of a detention notice relating to a ship under regulation 8 the Secretary of State finds that there was no valid basis for the detention, the owner of the ship shall be entitled, upon application, to receive compensation for such loss or damage suffered by him which is directly attributable to the detention of the ship.
2
A claim for compensation under this regulation shall be made in writing to the Secretary of State within three months beginning with the date the Secretary of State serves notice of his decision under regulation 8(5)(d).
3
Any person claiming compensation under this regulation shall provide all such information and supplementary information in respect of the loss or damage incurred as the Secretary of State may at any time reasonably require and shall verify the same in any such manner, including the production of original documents in his possession or control, as may be reasonably required.
4
Any disputed question as to the right to, or the amount of, any compensation payable under this regulation shall be referred to a single arbitrator appointed by agreement between the parties for that question to be decided by him.
5
Any compensation granted under this section shall be payable by the Secretary of State.
6
In the application of this regulation to Scotland any reference to an arbitrator shall be construed as a reference to an arbiter and the reference in paragraph (4) to a single arbitrator appointed by agreement between the parties shall be construed as a reference to a single arbiter so appointed or, in default of agreement, appointed by the sheriff.
PART 4
RESTRICTED AREAS
Unauthorised presence in a restricted area of a ship
10
1
A person shall not —
a
go, onto or into any part of a restricted area of a ship except with the permission of the master or the ship security officer or a person acting on their behalf, and in accordance with any conditions subject to which that permission is for the time being granted, or
b
remain in any part of such a restricted area after being requested to leave by the master or the ship security officer or a person acting on their behalf.
2
Paragraph (1)(a) shall not apply unless it proved that, at the material time, notices stating that the area concerned was a restricted area were posted so as to be readily seen and read by persons entering the restricted area.
3
A person who contravenes paragraph (1) without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
A constable, or the master or the ship security officer, or a person acting on behalf of the master or the ship security officer, may use such force as is reasonable in the circumstances to remove from a restricted area a person remaining in it in contravention of paragraph (1)(b).
Unauthorised presence in a restricted area of a port facility
11
1
A person shall not —
a
go, onto or into any part of a restricted area of a port facility except with the permission of the port facility security officer or a person acting on his behalf, and in accordance with any conditions subject to which that permission is for the time being granted, or
b
remain in any part of such a restricted area after being requested to leave by the port facility security officer or a person acting on his behalf.
2
Paragraph (1)(a) shall not apply unless it proved that, at the material time, notices stating that the area concerned was a restricted area were posted so as to be readily seen and read by persons entering the restricted area.
3
A person who contravenes paragraph (1) without lawful authority or reasonable excuse is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
A constable, or the port facility security officer, or a person acting on behalf of the port facility security officer, may use such force as is reasonable in the circumstances to remove from a restricted area a person remaining in it in contravention of paragraph (1)(b).
PART 5
OFFENCES RELATING TO DULY AUTHORISED OFFICERS
Offences and penalties
12
1
A person who —
a
intentionally obstructs a duly authorised officer acting in the exercise of a power conferred upon him by the EC Regulation or these Regulations, or
b
falsely pretends to be a duly authorised officer,
commits an offence.
2
A person guilty of an offence under paragraph (1)(a) is liable —
a
on summary conviction to a fine not exceeding level 5 on the standard scale, or
b
on conviction on indictment, to a fine or to imprisonment for a term not exceeding two years.
3
A person guilty of an offence under paragraph (1)(b) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
PART 6
ENFORCEMENT AND PENALTIES
Enforcement notices
13
1
A duly authorised officer may serve a notice (in this Part referred to as an “enforcement notice”) on any person listed in paragraph (2) where it appears to him that that person has failed to comply with —
a
the requirements of Chapter XI-2 of the SOLAS Convention;
b
the requirements of Part A of the ISPS Code;
c
the requirements of paragraphs 1.12, 6.1, 8.3, 8.5, 8.7, 8.8, 8.9, 8.10, 13.6, 13.7, 18.5 or 18.6 of Part B of the ISPS Code;
d
the requirement to submit to an inspection by the European Commission, and to rectify any shortcomings identified following such an inspection in accordance with regulation 7;
e
the requirement to submit specified changes or amendments to a ship security plan or a port facility security plan to the Secretary of State for approval in accordance with regulation 19.
2
The persons referred to in paragraph (1) are —
a
the company;
b
the company security officer;
c
the ship security officer;
d
the master of a ship;
e
the port facility security officer;
f
the owner of the port facility security plan; and
g
any person who carries on port operations in a port facility.
Contents of enforcement notices
14
1
An enforcement notice shall state the matters which appear to the duly authorised officer to constitute a failure to comply with the requirements specified in regulation 13.
2
An enforcement notice may be framed so as to afford the person on whom it is served a choice between different ways of complying with the requirements set out in the notice.
3
An enforcement notice shall specify the steps which the duly authorised officer requires to be taken, or the activity or the activities which the duly authorised officer requires to cease in order to achieve compliance with the requirements specified in regulation 13.
4
An enforcement notice shall specify the date on which it is to take effect and shall take effect on that date.
5
An enforcement notice shall specify the period at the end of which any steps are required to have been taken or any activities are required to have ceased and may specify different periods for different steps or activities.
6
Where different periods apply to different steps or activities, references in these Regulations to the period for compliance with an enforcement notice, in relation to any step or activity, are to the period at the end of which the step is required to have been taken or the activity is required to have ceased.
7
An enforcement notice requiring a person not to cause or permit anything to be done shall be construed as requiring him to take all such steps as in any particular circumstances are practicable and necessary to prevent that thing from being done.
Offences relating to enforcement notices
15
1
Any person, who without reasonable excuse, fails to comply with an enforcement notice served on him is guilty of an offence and liable —
a
on summary conviction, to a fine not exceeding level 5 on the standard scale, or
b
on conviction on indictment to a fine.
2
Where a person is convicted of an offence under paragraph (1) and if without reasonable excuse the failure in respect of which he was convicted is continued after the conviction, he is guilty of a further offence and liable on summary conviction to a fine not exceeding £100 for each day on which the failure continues.
Objections to enforcement notices
16
1
A person on whom an enforcement notice is served may serve on the Secretary of State a notice in writing of his objection to the enforcement notice.
2
The grounds of objection to an enforcement notice are —
a
that the steps required by the notice to be taken for the purposes of regulation 13 have been complied with;
b
that the steps required by the notice to be taken do not constitute a failure to comply with the requirements specified in regulation 13;
c
that any requirement of the notice —
i
is unnecessary for complying with the requirements specified in regulation 13 and should be dispensed with or;
ii
having regard to the terms of those requirements, is excessively onerous or inconvenient and should be modified in a manner specified in the notice of objection served under paragraph (1).
3
An objection to an enforcement notice under this regulation shall be served on the Secretary of State within seven days of the date on which the enforcement notice was served.
4
A person making an objection to an enforcement notice under this regulation shall submit to the Secretary of State, either when making the objection or within the seven days referred to in paragraph (3), a statement in writing —
a
specifying the grounds on which he is objecting to the enforcement notice, and
b
providing such further information as may be appropriate.
5
Where the person on whom an enforcement notice is served serves a notice under paragraph (1), the Secretary of State shall consider the grounds of the objection and, if so required by the objector, shall afford to him an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose, and shall then serve on the objector a notice in writing either —
a
confirming the enforcement notice as originally served, or
b
confirming it subject to one or more modifications specified in the notice, or
c
cancelling the enforcement notice.
6
An enforcement notice to which an objection has been made under paragraph (1) shall not take effect until it has been confirmed, with or without modification, by a notice under paragraph (5).
7
An enforcement notice served on any person —
a
may be revoked by a notice served on him by a duly authorised officer, and
b
may be varied by a further enforcement notice served on him by a duly authorised officer.
PART 7
MISCELLANEOUS
Minimum period for retention of records
17
The master shall be responsible for ensuring that records of the activities specified in section 10.1 of Part A of the ISPS Code and which are addressed in the ship security plan, are kept on board the ship for a period of at least three years from the date of the activity taking place.
Minimum period for retention of a declaration of security
18
1
Any declaration of security that is completed in respect of a ship or a port facility shall be retained for a period of at least three years after it was last used —
a
in respect of ships, on board the ship by the master; and
b
in respect of port facilities by the port facility security officer.
2
In the case of ships, any completed declaration of security relating to one of its last ten calls at port facilities, shall be retained on board the ship by the master for as long as it relates to any of those last ten calls, even where the period over which those calls extend exceeds the minimum three year period referred to in paragraph (1).
Amendments to plans
19
1
In accordance with the ISPS Code , the Secretary of State shall decide, and thereafter notify companies and owners of port facility security plans in writing, of the changes or amendments to the relevant approved ship security plan or port facility security plan that must first be submitted to him for approval before they are implemented in respect of those ships and port facilities.
2
The changes or amendments referred to in paragraph (1) shall not be implemented by the companies or owners of port facility security plans without first obtaining the approval of the Secretary of State.
Service of documents
20
1
This regulation has effect in relation to any notice, any notification and any other document authorised or required by any provision in these Regulations to be served on or given to any person.
2
Any such document may be given or served on any person —
a
by delivering it to him, or
b
by leaving it at his proper address, or
c
by sending it by post to him at that address, or
d
by sending it to him at that address, by fax or other similar means which produce a document containing the text of the communication, or
e
where the person maintains an e-mail address, by sending an electronic copy of the document to that e-mail address.
3
Any such document may, in the case of a body corporate, be given to or served on the secretary, clerk or similar officer of that body.
4
For the purposes of this regulation and section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this regulation, the proper address of any person to whom or on whom any document is to be given or served is his usual or last known address or place of business, whether in the United Kingdom or elsewhere except that in the case of a body corporate or its clerk or similar officer it shall be the address of the registered or principal office of that body in the United Kingdom, or if it has no office in the United Kingdom, of its principal office wherever that may be.
5
In the case of a person registered under any of the United Kingdom registration provisions as the owner of any ship so registered, the address for the time being recorded in relation to him in the register shall also be treated as his proper address for the purposes of this regulation and section 7 of the Interpretation Act 1978.
6
If the person to or on whom any document mentioned in paragraph (1) is to be given or served has notified the Secretary of State of an address within the United Kingdom, other than an address determined under paragraph (4) or (5), as the one at which he or someone else on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this regulation and section 7 of the Interpretation Act 1978 as his proper address.
7
Any document mentioned in paragraph (1) shall, where there are two or more owners of a ship who are registered under any of the United Kingdom registration provisions, be treated as duly served on the company where it is served upon one of those owners.
8
Where any document mentioned in paragraph (1) is to is to be served on the master of a ship, it shall be treated as duly served if it is left on board that ship with the person being or appearing to be in command or charge of the ship.
Signed by the authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
8th June 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northamptonshire Healthcare National Health Service Trust (Transfer of Trust Property) Order 2004 and shall come into force on 2 nd November 2004.
2
In this Order —
“the old Trust” means the Northamptonshire Healthcare National Health Service Trust;
“the new Trust” means the Daventry and South Northamptonshire Primary Care Trust; and
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 30th July 2004 and on behalf of the new Trust on 17th July 2004.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property, and any rights and liabilities arising from that property, shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary under Secretary of State,
Department of Health
5th October 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Value Added Tax (Disclosure of Avoidance Schemes) Regulations 2004 and come into force on 1st August 2004.
2
In these Regulations “Schedule 11A” means Schedule 11A to the Value Added Tax Act 1994.
Time of notification
2
1
Where paragraph 6(1)(a) of Schedule 11A applies ( VAT return affected by a notifiable scheme), the time prescribed for the purposes of paragraph 6(2) and (3) of that Schedule (duty to notify Commissioners) is the 30th day from the end of the last day specified by or under regulation 25 of the Value Added Tax Regulations 1995 for making the return.
2
Where paragraph 6(1)(b) of Schedule 11A applies (claim for repayment of output tax or an increase in credit for input tax based on a scheme), the time prescribed for the purposes of paragraph 6(2) and (3) of that Schedule is the 30th day from the end of the date the claim is made.
3
Paragraph (1) does not apply where the beginning of the prescribed accounting period for which the VAT return is made is earlier than the date these Regulations come into force.
4
Paragraph (2) does not apply where the beginning of any prescribed accounting period in respect of which the claim is made is earlier than the date these Regulations come into force.
Form and manner of notification
3
Notification of a scheme pursuant to paragraph 6(2) or 6(3) of Schedule 11A shall be made in such form and manner as may be specified in a notice published by the Commissioners and not withdrawn by a further notice.
Information to be notified
4
1
For the purposes of paragraph 6(3) of Schedule 11A (duty to notify the Commissioners of a scheme other than a designated scheme) and paragraph 9(1) of that Schedule (voluntary notification of scheme) the following information is prescribed —
a
any provision designated in accordance with paragraph 4 of Schedule 11A (designation of provisions included in or associated with avoidance schemes) which is included in or associated with the scheme;
b
how the scheme gives rise to a tax advantage, including, insofar as material to the tax advantage —
i
a description of each arrangement, transaction or series of transactions;
ii
their sequence;
iii
their timing, or the intervals between them; and
iv
the goods or services involved;
c
how the involvement of any party to the scheme contributes to the obtaining of the tax advantage; and
d
any provision having the force of law in the United Kingdom or elsewhere relied upon as giving rise to the tax advantage.
2
A tax advantage is considered to have been obtained or to be obtained and any arrangement, transaction or series of transactions is considered to have taken place or to take place provided a taxable person has treated or intends to treat it as having been obtained or taken place for the purposes of —
a
a return required under the Value Added Tax Act 1994; or
b
a claim for repayment of output tax or an increase in credit for input tax.
T D Byrne
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
22nd July 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Child Trust Funds Act 2004 (Commencement No. 2) Order 2004.
2
In this Order —
“ the Act ” means the Child Trust Funds Act 2004;
“the earlier Order ” means the Child Trust Funds Act 2004 (Commencement No. 1) Order 2004) .
Commencement of provisions of the Act
2
1
Sections 1 to 24 of the Act shall come into force on 6th April 2005, subject to the following paragraphs.
2
Paragraph (1) does not apply to provisions brought into force for all purposes by the earlier Order.
3
Section 23(1) of the Act shall come into force for all purposes on 1st January 2005.
4
Where a provision of the Act (other than section 23(1)) was partially brought into force by the earlier Order, that provision shall come into force for all other purposes on 6th April 2005.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
20th December 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Zimbabwe (Freezing of Funds and Economic Resources) Regulations 2004 and shall come into force on 19th March 2004.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to a partner; and
“the EC Regulation ” means Council Regulation (EC) No. 314/2004 of 19th February 2004 concerning certain restrictive measures in respect of Zimbabwe .
Breaches of the EC Regulation
2
1
Any person who —
a
without reasonable excuse commits a breach of Article 6(1) of the EC Regulation;
b
commits a breach of Article 6(2) of the EC Regulation; or
c
commits a breach of Article 6(3) of the EC Regulation;
is guilty of an offence.
2
Any person who —
a
without reasonable excuse fails to comply with Article 8(1) of the EC Regulation; or
b
uses information in breach of Article 8(3) of the EC Regulation;
is guilty of an offence.
Requests for authorisations etc
3
Any person who, in connection with a request for an authorisation pursuant to Article 7(1) of the EC Regulation —
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular;
is guilty of an offence.
Information
4
The Schedule to these Regulations has effect in order to facilitate the obtaining by or on behalf of the Treasury or the Bank of England of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2(1) or 3 above or paragraph 2(b) or (c) of the Schedule to these Regulations is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under regulation 2(2), or paragraph 2(a) or 3(2) of the Schedule to these Regulations, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General, or, as the case may be, the Attorney General for Northern Ireland:
Provided that this paragraph does not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
18th March 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Authorities (Categorisation) (England) Order 2004 and shall come into force on 29th July 2004.
2
This Order applies in relation to English local authorities .
Categorisation report
2
The English local authorities, to which the report of the Audit Commission dated 1st July 2004 relates, are by this Order categorised in accordance with their categorisation in that report, as provided below.
Excellent authorities
3
The local authorities listed in Schedule 1 to this Order are categorised as excellent.
Good authorities
4
The local authorities listed in Schedule 2 to this Order are categorised as good.
Fair authorities
5
The local authorities listed in Schedule 3 to this Order are categorised as fair.
Weak authorities
6
The local authorities listed in Schedule 4 to this Order are categorised as weak.
Poor authorities
7
The local authorities listed in Schedule 5 to this Order are categorised as poor.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
5th July 2004


text:
Citation
1
This Order may be cited as the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004.
Amendment of the previous commencement order
2
1
The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 is amended as follows.
2
At the end of article 4 insert —
4
The following provisions of the principal Act shall come into force on 1st July 2004 —
a
section 278;
b
sections 351 and 353 (so far as not already in force); and
c
paragraph 8 of Schedule 12.
3
In Schedule 2 —
a
for “Sections 2, 351 and 353”, substitute “Section 2”;
b
omit the words “278 and”; and
c
omit the entry for paragraph 8 of Schedule 12.
Tessa Jowell
Secretary of State for Culture, Media and Sport
4th March 2004


text:
Title and commencement
1
This Order may be cited as the Environmentally Sensitive Areas (Stages I–IV) Designation (Amendment) Order 2004 and shall come into force on 16th February 2004.
Amendment of the Environmentally Sensitive Areas (Stage I) Designation Order 2000
2
The Environmentally Sensitive Areas (Stage I) Designation Order 2000 shall be amended by the substitution for the number “170” of the number “350” in each of the following places —
a
Schedule 1, Part 3, item 7, column 2;
b
Schedule 2, Part 3, item 7, column 2;
c
Schedule 3, Part 3, item 8, column 2;
d
Schedule 4, Part 3, item 8, column 2; and
e
Schedule 5, Part 3, item 4, column 2.
Amendment of the Environmentally Sensitive Areas (Stage II ) Designation Order 2000
3
The Environmentally Sensitive Areas (Stage II) Designation Order 2000 shall be amended by the substitution for the number “170” of the number “350” in each of the following places —
a
Schedule 1, Part 3, item 5, column 2;
b
Schedule 2, Part 3, item 5, column 2;
c
Schedule 3, Part 3, item 9, column 2;
d
Schedule 4, Part 3, item 10, column 2; and
e
Schedule 5, Part 3, item 8, column 2.
Amendment of the Environmentally Sensitive Areas (Stage III ) Designation Order 2000
4
The Environmentally Sensitive Areas (Stage III) Designation Order 2000 shall be amended by the substitution for the number “170” of the number “350” in each of the following places —
a
Schedule 1, Part 3, item 8, column 2;
b
Schedule 2, Part 3, item 13, column 2;
c
Schedule 3, Part 3, item 10, column 2;
d
Schedule 4, Part 3, item 5, column 2;
e
Schedule 5, Part 3, item 8, column 2; and
f
Schedule 6, Part 3, item 11, column 2.
Amendment of the Environmentally Sensitive Areas (Stage IV) Designation Order 2000
5
The Environmentally Sensitive Areas (Stage IV) Designation Order 2000 shall be amended by the substitution for the number “170” of the number “350” in each of the following places —
a
Schedule 1, Part 3, item 11, column 2;
b
Schedule 2, Part 3, item 6, column 2;
c
Schedule 3, Part 3, item 11, column 2;
d
Schedule 4, Part 3, item 7, column 2;
e
Schedule 5, Part 3, item 11, column 2; and
f
Schedule 6, Part 3, item 9, column 2.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
13th January 2004
We consent,
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
21st January 2004


text:
PART 1
INTRODUCTION
Citation and commencement
1
These Regulations may be cited as the High Court Enforcement Officers Regulations 2004 and shall come into force on 15th March 2004.
Interpretation
2
1
In these Regulations —
a
“application” means an application by an individual for authorisation to act as an enforcement officer;
b
“district” means a district set out in Schedule 1 to these Regulations;
c
“enforcement officer” means an individual authorised by the Lord Chancellor under Schedule 7 to act as such;
d
“Schedule 7” means Schedule 7 to the Courts Act 2003.
2
References in these Regulations to —
a
the Lord Chancellor shall include a person acting on his behalf under Schedule 7;
b
a writ of execution shall not include —
i
a writ of sequestration; or
ii
a writ relating to ecclesiastical property.
Districts for enforcement of writs of execution by enforcement officers
3
1
For the purposes of Schedule 7 and these Regulations, England and Wales is to be divided into 104 districts.
2
Such districts correspond with the postal areas for England and Wales and are listed in Schedule 1 to these Regulations.
PART 2
AUTHORISATION OF ENFORCEMENT OFFICERS
Conditions to be satisfied
4
1
An individual will not be authorised to act as an enforcement officer unless the conditions in paragraph (2) are satisfied.
2
The individual must not —
a
have been convicted of any criminal offence —
i
for which he received a custodial sentence; or
ii
involving dishonesty or violence;
b
be liable for any unpaid fines;
c
be liable for any court judgment granted within the last 6 years which remains unsatisfied;
d
be an undischarged bankrupt;
e
have been disqualifed from acting as a director of a company within the last 6 years;
f
carry on or be involved in any business relating to or including the purchase or sale of debts.
Application procedure
5
1
An application for authorisation to act as an enforcement officer may only be made by an individual and must —
a
be made in writing; and
b
contain a statement signed and dated by the individual certifying that the contents of the application are true.
2
The application must contain the following information about the individual —
a
his name, address and date of birth;
b
whether he has been convicted of any criminal offence, whether or not punishable by imprisonment, and if so details of each offence and conviction;
c
whether he is liable for any unpaid fines and if so appropriate details;
d
whether he is or has been liable for any court judgment and if so appropriate details including whether any judgment remains unsatisfied;
e
whether he is or has ever been subject to any of the following proceedings and if so with what result —
i
bankruptcy proceedings;
ii
an administration order under section 112 of the County Courts Act 1984 ;
iii
a deed of arrangement under the Deeds of Arrangement Act 1914 or an individual voluntary arrangement under Part VIII of the Insolvency Act 1986 ;
iv
proceedings under the Company Directors Disqualification Act 1986 ;
v
insolvency proceedings in relation to any partnership in which he was a partner or any company of which he was a director; or
vi
any other proceedings under the Insolvency Act 1986.
3
The application shall also —
a
specify to which district or districts the applicant is requesting assignment; and
b
include details and documentation giving evidence of —
i
any relevant insurance policies held by the applicant;
ii
any licence held by the applicant under the Consumer Credit Act 1974 ;
iii
any notification given by the applicant to the Information Commissioner under section 18 of the Data Protection Act 1998 ;
iv
any current membership held by the applicant of a professional body which is listed in Schedule 2 to these Regulations as a professional body recognised by the Lord Chancellor;
v
the bank account or accounts held by the applicant through which it is proposed that monies recovered on behalf of judgment debtors are to be collected and paid;
vi
the applicant’s relevant experience;
vii
the applicant’s knowledge of the laws and the practice and procedure of the High Court in relation to enforcement of debts;
viii
the applicant’s business plan including any person whom the applicant is proposing to engage to act on his behalf to assist with his work as an enforcement officer;
ix
the applicant’s policies in relation to the selection and employment of staff; and
x
any existing or previous businesses of the applicant.
4
Where the applicant has an existing business, the application shall be accompanied by audited or certified accounts of the applicant and of any company associated with the applicant for the preceding 3 years, or for the period of trading if this is shorter.
5
In the case of any application, the Lord Chancellor may require further details of information already given or any additional information or documentation which seems to him to be necessary.
6
For the purposes of this regulation and regulation 8, “relevant insurance policies” means —
a
professional indemnity insurance;
b
public liability insurance;
c
employers liability insurance, where the individual is an employer; and
d
goods in transit insurance, where the individual will be conducting his own removals.
Authorisation and assignment
6
1
The Lord Chancellor may take account, in deciding whether to authorise an individual to act as an enforcement officer, of —
a
the information contained in or provided with the individual’s application; and
b
any other relevant information available to him.
2
Upon being authorised to act as an enforcement officer, an individual may be assigned to —
a
any or all of the districts to which he has requested assignment; and
b
any other district or districts, if the Lord Chancellor considers it necessary or expedient in order to ensure that sufficient enforcement officers are assigned to each district.
PART 3
POST AUTHORISATION
Duty to execute writs
7
Once assigned to a district or a number of districts, the enforcement officer must undertake enforcement action for all writs of execution received which are to be executed at addresses which fall within his assigned district.
Conditions to be satisfied following authorisation
8
Every enforcement officer is under a continuing duty to —
a
successfully complete any required training;
b
comply with any requirements set by the Lord Chancellor for his continuous professional development;
c
hold current relevant insurance policies;
d
hold a bank account through which monies recovered on behalf of judgment debtors are to be collected and paid;
e
produce to the Lord Chancellor —
i
annual audited or certified accounts;
ii
performance statistics when requested; and
iii
such other information or documentation relevant to his work as an enforcement officer as may be required.
Change of details
9
An enforcement officer must immediately give the Lord Chancellor written notification of any change in —
a
his name;
b
his address;
c
the bank account or accounts held by him through which monies recovered on behalf of judgment debtors are collected and paid; or
d
the information or documentation contained in his application for authorisation to act as an enforcement officer.
Changes to assignment
10
1
An enforcement officer may at any time apply to the Lord Chancellor to change the districts to which he is assigned.
2
An application under paragraph (1) must be made in writing and must include a declaration of any changes in the information and documentation contained in the individual’s application for authorisation to act as an enforcement officer.
3
An enforcement officer may at any time be assigned to an additional district or districts without having applied for such assignment, if the Lord Chancellor considers it necessary or expedient in order to ensure that sufficient enforcement officers are assigned to each district.
Resignation
11
If an enforcement officer wishes to resign from his appointment he must provide the Lord Chancellor with at least 28 days' written notice of his intended resignation.
Termination of authorisation or assignment
12
1
The Lord Chancellor may at any time terminate —
a
the authorisation of an individual to act as an enforcement officer; or
b
the assignment of an enforcement officer to any one or more of the districts to which he is assigned,
on any of the grounds in paragraph (2).
2
The grounds are that —
a
it would be in the public interest to do so;
b
any of the —
i
information provided in the application for authorisation; or
ii
documentation supplied,
under regulation 5 is found to be incomplete or untrue;
c
the enforcement officer or any person acting on his behalf who assists with his work as an enforcement officer has behaved in a manner which the Lord Chancellor reasonably considers to be unprofessional or unacceptable; or
d
the enforcement officer has failed to satisfy one or more of the conditions of regulation 8.
3
Where practicable, the Lord Chancellor when considering whether to terminate the authorisation or assignment of an enforcement officer shall firstly notify the enforcement officer of the reasons and provide the enforcement officer with a reasonable opportunity to —
a
make representations about the Lord Chancellor’s reasons for proposing to terminate his authorisation or assignment; and
b
remedy the circumstances giving rise to the Lord Chancellor’s proposal to terminate his authorisation or assignment.
PART 4
MISCELLANEOUS
Fees
13
1
Schedule 3 to these Regulations sets out the fees that may be charged by enforcement officers.
2
Where the execution of a writ of fieri facias is completed by sale, fees 1, 2, 3, 4, 5, 6 (1) and 7 under Schedule 3 may be levied by deducting them from the proceeds of sale.
3
Where a writ is withdrawn or satisfied or its execution is stopped, the fees set out under Schedule 3 must be paid by —
a
the person upon whose application the writ was issued; or
b
the person at whose instance the execution is stopped,
as the case may be.
4
An enforcement officer or a party liable to pay any fees under Schedule 3 may apply to a costs judge or a district judge of the High Court for an assessment of the amount payable, by the detailed assessment procedure in accordance with the Civil Procedure Rules 1998 .
Directories
14
Directories containing details of all current enforcement officers, the districts to which they have been assigned and the addresses to which writs of execution issued from the High Court to enforcement officers are to be sent shall be published and available for inspection at —
a
the Royal Courts of Justice;
b
district registries of the High Court; and
c
county courts,
during the hours when the offices of such courts are open.
Walking possession agreement
15
Schedule 4 to these Regulations sets out the form of an agreement under which an enforcement officer may take walking possession of goods.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 10th February 2004


text:
Citation and Commencement
1
These Regulations may be cited as the Control of Substances Hazardous to Health (Amendment) Regulations 2004 and shall come into force on 17th January 2005, except for regulations 2(a), (c) to (f) and (h), and 4(b), which shall come into force on 6th April 2005.
Amendments of the Control of Substances Hazardous to Health Regulations 2002
2
In the Control of Substances Hazardous to Health Regulations 2002 —
a
in regulation 2(1) —
i
delete the definition of “maximum exposure limit”;
ii
delete the definition of “occupational exposure standard”;
iii
after the definition of “risk assessment” add the following definition —
“risk phrase” has the meaning assigned to it in regulation 2(1) of the CHIP Regulations ;
;
iv
in the definition of “substance hazardous to health” in sub-paragraph (b), for the words “a maximum exposure limit or an occupational exposure standard” substitute the words “a workplace exposure limit”;
v
after the definition of “workplace” add the following definition —
“workplace exposure limit” for a substance hazardous to health means the exposure limit approved by the Health and Safety Commission for that substance in relation to the specified reference period when calculated by a method approved by the Health and Safety Commission, as contained in HSE publication “EH/40 Workplace Exposure Limits 2005” as updated from time to time.
;
b
in regulation 3, for paragraph (3) substitute the following paragraph —
3
These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which —
a
are carried out solely by the crew under the direction of the master; and
b
are not liable to expose persons other than the master and crew to a risk to their health and safety,
and for the purposes of this paragraph “ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.
;
c
in regulation 6(2) sub-paragraph (f), for the words “occupational exposure standard, maximum exposure limit” substitute the words “workplace exposure limit”;
d
in regulation 7 —
i
for paragraph (7) substitute the following paragraph —
7
Without prejudice to the generality of paragraph (1), where there is exposure to a substance hazardous to health, control of that exposure shall only be treated as adequate if —
a
the principles of good practice for the control of exposure to substances hazardous to health set out in Schedule 2A are applied;
b
any workplace exposure limit approved for that substance is not exceeded; and
c
for a substance —
i
which carries the risk phrase R45, R46 or R49, or for a substance or process which is listed in Schedule 1; or
ii
which carries the risk phrase R42 or R42/43, or which is listed in section C of HSE publication “Asthmagen? Critical assessments of the evidence for agents implicated in occupational asthma” as updated from time to time, or any other substance which the risk assessment has shown to be a potential cause of occupational asthma,
exposure is reduced to as low a level as is reasonably practicable.
; and
ii
delete paragraph (8);
e
in regulation 9, for paragraph (1) substitute the following paragraph —
1
Every employer who provides any control measure to meet the requirements of regulation 7 shall ensure that —
a
in the case of plant and equipment, including engineering controls and personal protective equipment, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition; and
b
in the case of the provision of systems of work and supervision and of any other measure, it is reviewed at suitable intervals and revised if necessary.
;
f
in regulation 12(2) —
i
in sub-paragraph (a)(ii) for the words “occupational exposure standard, maximum exposure limit” substitute the words “workplace exposure limit”;
ii
in sub-paragraph (d) for the words “maximum exposure limit”, in each place where they occur, substitute the words “workplace exposure limit”;
g
to the end of Schedule 2 add —
i
in column 1 the entry —
13
Cement and cement-containing preparations which contain, when hydrated, more than 0.0002% soluble chromium ( VI ) of the total dry weight of the cement.
; and
ii
to correspond with it in column 2 the entry —
Supply and use for all purposes except for controlled, closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.
, and
h
after Schedule 2 insert the Schedule contained in the Schedule to these Regulations.
Amendment of the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002
3
In the Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 for paragraph 11 of Schedule 5 Part II B substitute the following paragraph —
11
1
The packaging of any cement or cement preparation which would contain, when hydrated, more than 0.0002% soluble chromium (VI) of the total dry weight of the cement but for the use of reducing agents shall be marked with information on the packing date, and on the storage conditions and the storage period appropriate to maintaining the activity of the reducing agent and to preventing the content of soluble chromium (VI) from exceeding 0.0002% of the total dry weight of the cement, unless it is supplied or used for controlled, closed and totally automated processes in which cement and cement-containing preparations are handled solely by machines and in which there is no possibility of contact with the skin.
2
The packaging of any cement or cement preparation containing more than 0.0002% soluble chromium (VI) of the total dry weight of the cement shall bear the inscription:
Contains chromium (VI). May produce an allergic reaction.
,
unless the preparation is already classified and labelled as a sensitiser with phrase R43.
.
Amendments of the Control of Lead at Work Regulations 2002
4
In the Control of Lead at Work Regulations 2002 —
a
in regulation 3, for paragraph (3) substitute the following paragraph —
3
These Regulations shall not apply to the master or crew of a ship or to the employer of such persons in respect of the normal shipboard activities of a ship’s crew which —
a
are carried out solely by the crew under the direction of the master; and
b
are not liable to expose persons other than the master and crew to a risk to their health and safety,
and for the purposes of this paragraph “ship” includes every description of vessel used in navigation, other than a ship forming part of Her Majesty’s Navy.
; and
b
in regulation 8, for paragraph (1) substitute the following paragraph —
1
Every employer who provides any control measure to meet the requirements of regulation 6 shall ensure that —
a
in the case of plant and equipment, including engineering controls and personal protective equipment, it is maintained in an efficient state, in efficient working order, in good repair and in a clean condition; and
b
in the case of the provision of systems of work and supervision and any other measure, it is reviewed at suitable intervals and revised if necessary.
.
Signed by authority of the Secretary of State
Jane Kennedy
Minister of State
Department for Work and Pensions
20th December 2004


text:
Citation and commencement
1
This Order may be cited as the Scotland Act 1998 (Designation of Receipts) Order 2004 and shall come into force on 20th April 2004.
Designated receipts
2
1
Receipts of any description specified in paragraph (2) below, so far as they are payable into the Scottish Consolidated Fund (or would be but for provision made by or under an Act of the Scottish Parliament), shall be designated receipts for the purposes of subsections (5) to (7) of section 64 of the Scotland Act 1998.
2
The specified descriptions of receipts are —
a
fines and forfeitures,
b
fixed penalties, other than fixed penalties paid in consequence of a notice under section 75(3) of the Road Traffic Offenders Act 1988 (issue of conditional offer) in respect of offences —
i
to which section 46(2) of the Local Government in Scotland Act 2003 (road traffic offences in relation to which the Scottish Ministers may provide funding) applies, and
ii
which were committed in the area of a local authority or joint police board in Scotland that has entered into an agreement with the Scottish Ministers in pursuance of which it receives payments under section 46(1) of that Act (power to provide funds for speed cameras etc. ),
c
dividends on public dividend capital,
d
interest, other than interest on —
i
any loan that was provided by Scottish Homes under section 2(2) of the Housing (Scotland) Act 1988 , and
ii
£1,555,554 of 6% Convertible Unsecured Loan Stock dated 23rd February 2001, held in Partnerships ( UK ) Limited, and
e
sums received from the European Social Fund in respect of training expenditure incurred by Scottish Enterprise and Highlands and Island Enterprise .
Repeal
3
The Scotland Act 1998 (Designation of Receipts) Order 2000 is revoked.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2004


text:
1
This Order may be cited as the Independent Police Complaints Commission (Transitional Provisions) (Amendment) Order 2004 and shall come into force on 15th April 2004.
2
1
The Independent Police Complaints Commission (Transitional Provisions) Order 2004 is amended in accordance with the following provisions of this article.
2
In article 2(1) after the words “April 2004” insert “or a matter was referred to the Authority under section 71 of the Police Act 1996 before that date”.
3
In each of paragraphs (2), (3) and (4) of article 2 after the word “complaint” insert “or matter”.
4
In article 4(1) —
a
for “under section 67” substitute “or referred to the Authority under Chapter 1 of Part 4”; and
b
after “that complaint” insert “or matter”.
5
After article 4(2) insert the following paragraph —
3
No conduct matter shall be recorded under paragraph 10 or 11 of Schedule 3 to the 2002 Act if its subject-matter was previously submitted to the appropriate authority or referred to the Authority under Chapter 1 of Part 4 of the Police Act 1996 and as respects that complaint or matter any of the events mentioned in paragraph (1)(a) to (e) occurred.
Scotland of Asthal, Q.C.
Minister of State
Home Office
6th April 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) (Miscellaneous Amendments) Regulations 2004 and shall come into force on 6th May 2004.
2
These Regulations apply to England only.
Amendment of the Optical Regulations
2
In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 1997 (citation, commencement and interpretation) in the definition of “ NHS sight test fee” —
a
for “£46.16”, there is substituted “£49.19”; and
b
for “£16.72”, there is substituted “£17.82”.
Amendment of the Ophthalmic Regulations
3
In regulation 13(2)(l) of the National Health Service (General Ophthalmic Services) Regulations 1986 (sight tests-eligibility) in head (ii) for “£14,200”, there is substituted “£14,600”.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
13th April 2004


text:
1
These Regulations may be cited as the Immigration (Leave to Remain) (Fees) (Amendment No. 2) Regulations 2004 and shall come into force on 17th December 2004.
2
The Immigration (Leave to Remain) (Fees) Regulations 2003 shall be amended as follows.
3
In regulation 2 —
a
after the definition of “application”, insert —
“assistance” means assistance, accommodation or maintenance provided under —
section 17, 20 or 23 of the Children Act 1989 ,
section 22, 25 or 26 of the Children (Scotland) Act 1995 , or
Article 18, 21 or 27 of the Children (Northern Ireland) Order 1995 ;
; and
b
delete the definition of “immigration employment document”.
4
In regulation 5, after paragraph (c) insert —
d
the application is made in respect of a person who, at the time of making the application —
i
is a child under the age of eighteen and is being provided with assistance by a local authority (or, in Northern Ireland, an authority); or
ii
has limited leave to enter or remain in the United Kingdom which was granted outside the provisions of the immigration rules when he was under the age of eighteen on the rejection of his claim for asylum, and is seeking further leave to remain in the United Kingdom outside the provisions of the immigration rules; or
.
Des Browne
Minister of State
Home Office
23rd November 2004
We approve
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd November 2004


text:
This Order may be cited as the Postgraduate Medical Education and Training Board (Members – Removal from Office) Rules Order 2004 and shall come into force on 1st February 2005.
John Hutton
Minister of State,
Department of Health
21st December 2004


text:
1
This Order may be cited as the Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2004.
2
The Child Abduction and Custody (Parties to Conventions) (Amendment) Order 2003 is revoked.
3
In the Child Abduction and Custody (Parties to Conventions) Order 1986 , for Schedules 1 and 2 there shall be substituted Schedules 1 and 2 set out in the Schedule to this Order.
A.K. Galloway
Clerk of the Privy Council