text:
Title, application and commencement
1
These Regulations may be cited as the Jam and Similar Products (England) Regulations 2003; they apply in relation to England only and come into force on 31st December 2003.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the 1996 Regulations ” means the Food Labelling Regulations 1996 ;
“aqueous extract of fruit” means the aqueous extract of fruit which, subject to the losses necessarily occurring in proper manufacturing, contains all the water-soluble constituents of the fruit used;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
“chestnut” means the fruit of the sweet chestnut tree (Castanea sativa);
“ Directive 2001/113 ” means Council Directive 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“free circulation” has the same meaning as in Article 24 of the Treaty establishing the European Community;
“fruit” means fresh, sound fruit, free from deterioration, containing all of its essential constituents and sufficiently ripe for use, after cleaning, removal of blemishes, topping and tailing, and includes ginger, tomatoes, the edible parts of rhubarb stalks, carrots, sweet potatoes, cucumbers, pumpkins, melons and watermelons;
“fruit pulp” means the edible part of the whole fruit, with or without peel, skin, seeds or pips, as appropriate, which may have been sliced or crushed but which has not been reduced to a purée;
“fruit purée” means the edible part of the whole fruit, with or without peel, skin, seeds or pips, as appropriate, which has been reduced to a purée by being sieved or subjected to a similar process;
“ginger” means the edible root of the ginger plant in a fresh or preserved state and may be dried or preserved in syrup;
“ingredient” has the meaning assigned to it by the 1996 Regulations;
“labelling” has the meaning assigned to it by the 1996 Regulations;
“Member State” means a State which is a member of the European Community;
“permitted additional ingredient” means an ingredient described in paragraph 1 of Schedule 2 which is used as specified in that paragraph;
“permitted sweetener” means any sweetener insofar as its use is permitted in the specified jam or similar product by the Sweeteners in Food Regulations 1995 ;
“preparation” includes manufacture and any form of processing or treatment;
“reserved description”, as regards any specified jam or similar product means any description specified in relation to that product in column 1 of Schedule 1 as read with the Notes relating to that Schedule;
“sell” includes offer or expose for sale and includes have in possession for sale, and “sale” shall be construed accordingly;
“specified jam or similar product” means, subject to paragraph (2), any composition of food specified in column 2 of Schedule 1 as read with the Notes relating to that Schedule;
“sugars” means a sugar product defined in the Annex to Council Directive 2001/111/EC relating to certain sugars intended for human consumption , fructose syrup, sugar extracted from fruit or brown sugar or any combination thereof;
“ultimate consumer” means any person who buys otherwise than —
for the purpose of resale,
for the purposes of a catering establishment, or
for the purposes of a manufacturing business;
“vine fruits” means muscatels, raisins, sultanas or currants.
2
A food described in column 2 of any items 1 to 7 of Schedule 1 is not a specified jam or similar product within the meaning of these Regulations if —
a
it contains any additional ingredient other than a permitted additional ingredient;
b
any raw material, to which paragraphs 2 to 4 of Schedule 2 refer, used in the preparation of that food has been subjected to any treatment other than a treatment authorised by those paragraphs.
3
Any other expression used both in these Regulations and in Directive 2001/113 has the same meaning in these Regulations as in that Directive.
Scope of Regulations
3
1
Subject to paragraphs (2) and (3) these Regulations apply to specified jam or similar products, intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.
2
These Regulations do not apply to any specified jam or similar product intended for the manufacture of fine bakery wares, pastries or biscuits.
3
These Regulations do not apply in respect of any product bearing the description set out at items 8 to 11 of column 1 of Schedule 1 which is —
a
brought into England from —
i
an EEA State (other than the United Kingdom), or
ii
another part of the United Kingdom, in which it was lawfully sold, having been lawfully produced in an EEA State; or
b
brought into England from —
i
a Member State (other than the United Kingdom), or
ii
another part of the United Kingdom, in which it was lawfully sold, having been lawfully produced in a Member State, or in which it was in free circulation and lawfully sold.
Reserved descriptions
4
No person shall sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless —
a
such food is the specified jam or similar product to which the reserved description relates;
b
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or
c
such description is used in addition to the name of the food and in accordance with practices used to designate other products which cannot be confused with those defined in column 2 of Schedule 1.
Labelling and description of specified jam products
5
1
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any specified jam or similar product unless it is marked or labelled with the following particulars —
a
the reserved description of the product;
b
where any specified jam or similar product has a residual sulphur dioxide content of more than 10 milligrams per kilogram, then, in addition to any particular required to be identified in a list of ingredients by the 1996 Regulations, that residual content shall be identified in the list of ingredients according to the percentage by weight of the residue in the product as “sulphur dioxide”.
2
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any product specified at items 1–7 of Schedule 1 unless it is marked or labelled with the following particulars —
a
in the case —
i
of a product prepared from a single type of fruit, an indication of that type of fruit;
ii
of a product prepared from two types of fruit, an indication of those types of fruit in descending order of the weight of the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used in the preparation of the product; and
iii
of a product prepared from three or more types of fruit, an indication of those types of fruit in descending order of the weight of the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used in the preparation of the product or alternatively the words “mixed fruit” or similar wording or the number of types of fruit used in the preparation of the product;
b
an indication of the proportion of fruit used in the preparation of the product in the form “prepared with Xg of fruit per 100 g”, there being inserted in place of “X” the quantity in grams of fruit from which the fruit pulp, fruit purée, fruit juice, fruit peel and aqueous extract of fruit used for every hundred grams of the finished product are derived;
c
except where a nutritional claim as regards sugar content is made and the product is marked or labelled, as regards sugar content, with the prescribed nutrition labelling as set out in Schedule 7 to the 1996 Regulations, an indication of the total sugar content in the form “total sugar content: Yg per 100 g”, there being inserted in place of “Y” the content in grams of soluble solids in each hundred grams of the product, determined by refractometer at 20°C, the content shown being accurate to ±3 refractometric degrees.
3
The particulars with which the product is required to be marked or labelled in accordance with paragraph 2(b) and (c) shall appear in the labelling of the food in the same field of vision as the name of the product and in clearly visible characters.
Manner of marking or labelling
6
Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a specified jam or similar product is required to be marked or labelled by regulation 5 of these Regulations as if they were particulars with which a food is required to be marked or labelled by the 1996 Regulations.
Penalties and enforcement
7
1
Any person who contravenes or fails to comply with regulation 4 or 5 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and
b
in the case of an EEA State, that the legislation complies with the provisions of Directive 2001/113/EC of the European Parliament and the Council relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption .
Application of various provisions of the Act
9
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or any Part thereof shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of sale etc. );
b
section 3 (presumption that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence), as it applies for the purposes of section 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of a business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub-paragraph (g) above;
i
section 35(1) (punishment of offences), insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g) above;
j
section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h) above;
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
Amendments and revocations
10
1
The Jam and Similar Products Regulations 1981 and the Jam and Similar Products (Amendment) Regulations 1990 , insofar as each applies in relation to England, are revoked.
2
The following entries relating to the Jam and Similar Products Regulations 1981 shall (insofar as the following Regulations apply in relation to England) be omitted —
a
in the Food (Revision of Penalties) Regulations 1982 , in Schedule 1;
b
in the Food (Revision of Penalties) Regulations 1985 , in Schedule 1, Part I;
c
in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 , in Schedule 1, Part I, Schedule 3, Part I and Schedule 6;
d
in the Food Safety (Exports) Regulations 1991 , in Schedule 1, Part 1;
e
in the Food (Forces Exemptions) (Revocations) Regulations 1992 , in Part 1 of the Schedule;
f
in the Food Labelling Regulations 1996 in Schedule 9.
3
In the Miscellaneous Food Additives Regulations 1995 (insofar as they apply in relation to England), in Schedules 2, 3 and 7 for the words “Directive 79/693/ EEC ” in each place where they appear there shall be substituted the words “Directive 2001/113/EC relating to fruit jams, jellies and marmalades and sweetened chestnut purée intended for human consumption”.
Transitional provisions
11
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that —
a
the food concerned was marked or labelled before 12th July 2004, and
b
the matters constituting the alleged offence would not have constituted an offence under the Jam and Similar Products Regulations 1981 as they stood immediately before the coming into force of these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under-Secretary of State,
Department of Health
1st December 2003


type: legislation

jurisdiction: UK

text:
1
This Order may be cited as the Value Added Tax (Increase of Registration Limits) Order 2003 and comes into force on 10th April 2003.
2
In Schedule 1 to the Value Added Tax Act 1994 (registration in respect of taxable supplies)–
a
in paragraph 1(1)(a), (1)(b), (2)(a) and (2)(b), for “£55,000” substitute “£56,000”; and
b
in paragraphs 1(3) and 4(1) and (2), for “£53,000” substitute “£54,000”.
3
In Schedule 3 to the Value Added Tax Act 1994 (registration in respect of acquisitions from other member States)–
a
in paragraph 1(1) and (2); and
b
in paragraph 2(1)(a), (1)(b) and (2),
for “£55,000” substitute “£56,000”.
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th April 2003


text:
Citation and commencement
1
These Regulations may be cited as the Community Legal Service (Costs) (Amendment) Regulations 2003 and shall come into force on 7th April 2003.
Interpretation
2
In these Regulations, a regulation referred to by number alone means the regulation so numbered in the Community Legal Service (Costs) Regulations 2000 .
Amendments to the Community Legal Service (Costs) Regulations 2000
3
In regulation 2,
a
after the definition of “certificate”, insert —
“child” means a person under 18;
;
b
after the definition of “funded services”, insert —
“litigation friend” has the meaning given by CPR Part 21;
;
c
after the definition of “partner”, insert —
“patient” means a person who by reason of mental disorder within the meaning of the Mental Health Act 1983 is incapable of managing and administering his own affairs;
;
d
for paragraph (a)(iii) of the definition of “statement of resources”, substitute —
iii
a declaration stating whether he, and if applicable his partner, has deliberately foregone or deprived himself of any resources or expectations, together (if applicable and as far as is practical) with details of those resources or expectations and the manner in which they have been foregone or deprived;
iv
particulars of any application for funding made by him in connection with the proceedings; and
v
any other facts relevant to the determination of his resources; or
.
4
After regulation 7(5), insert —
6
For the purposes of section 11(1) of the Act, where a party is acting as a litigation friend to a client who is a child or a patient, the court shall not take the personal resources of the litigation friend into account in assessing the resources of the client.
.
5
1
For regulation 10(3)(b), substitute —
b
unless the conditions set out in paragraph (3A) are satisfied, a statement of resources; and
.
2
After regulation 10(3), insert —
3A
The conditions referred to in paragraph (3)(b) above are that —
a
the court is determining an application for a costs order against the Commission;
b
the costs were not incurred in a court of first instance.
.
Signed by authority of the Lord Chancellor
Scotland of Asthal, QC
Parliamentary Secretary
Lord Chancellor’s Department
5th March 2003


text:
Citation, interpretation and extent
1
1
This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 4) Order 2003.
2
In this Order “ the Act ” means the National Health Service Reform and Health Care Professions Act 2002.
3
Article 2 extends to England and Wales.
4
Articles 3 and 4 extend to the whole of the United Kingdom.
Appointed day for provision relating to the National Health Service
2
1st April 2003 is the day appointed for the coming into force of paragraph 16(6) of Schedule 2 to the Act (reallocation of functions of Health Authorities to Primary Care Trusts) and, in so far as it relates to that paragraph, paragraph 1 of that Schedule.
Appointed day for provisions relating to appeals
3
Subject to article 4, 1st April 2003 is the day appointed for the coming into force of —
a
sections 30 to 34 of the Act (appeals);
b
paragraphs 13 to 17 of Schedule 8 to the Act (minor and consequential amendments) and, in so far as it relates to those paragraphs, section 37(1) of the Act; and
c
Part 2 of Schedule 9 to the Act (repeals) and, in so far as it relates to that Part, section 37(2) of the Act.
Saving provisions
4
1
The amendments made by the provisions specified in article 3 shall not have effect in relation to cases where —
a
a person has made an appeal pursuant to the provisions specified in paragraph (2) within the appeal period, but where that appeal has not been finally determined before 1st April 2003; or
b
a person’s appeal period has not ended before 1st April 2003 (in relation to a decision notified to that person before that date) and where there is a right of appeal in relation to that decision pursuant to the provisions specified in paragraph (2).
2
The provisions specified for the purposes of paragraph (1) are those where there is an appeal to —
a
Her Majesty in Council or the Privy Council (as the case may be), pursuant to —
i
section 40 of the Medical Act 1983 ,
ii
section 29 or section 44 of the Dentists Act 1984 ,
iii
section 23 of the Opticians Act 1989 ,
iv
section 10 or section 31 of the Osteopaths Act 1993 , or
v
section 10 or section 31 of the Chiropractors Act 1994 ; or
b
the Court of Session in Scotland, the High Court of Justice in Northern Ireland or the High Court of Justice in England and Wales (as the case may be), pursuant to —
i
section 29 of the Osteopaths Act 1993, or
ii
section 29 of the Chiropractors Act 1994.
3
In paragraph (1), “appeal period” means the period within which a person is permitted to appeal against a decision to —
a
Her Majesty in Council or the Privy Council (as the case may be), pursuant to the provisions specified in paragraph (2)(a); or
b
the Court of Session in Scotland, the High Court of Justice in Northern Ireland or the High Court of Justice in England and Wales (as the case may be), pursuant to the provisions specified in paragraph (2)(b).
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
20th March 2003


text:
Citation and commencement
1
This Order may be cited as the North West Shropshire Education Action Zone (Extension) Order 2003 and shall come into force on 3 rd April 2003.
Interpretation
2
1
In this Order-
“North West Shropshire Education Action Zone” means the Education Action Zone established by the North West Shropshire Education Action Zone ( No. 2) Order 2000 .
The extension of the North West Shropshire Education Action Zone
3
The North West Shropshire Education Action Zone is extended for a further period of two years beginning with 3 rd April 2003.
David Miliband
Minister of State,
Department for Education and Skills
3 rd March 2003


text:
Title, commencement and extent
1
1
This Order may be cited as the Bluetongue Order 2003 and shall come into force on 19th February 2003.
2
This Order extends to England.
Interpretation
2
1
In this Order —
“ the Act ” means the Animal Health Act 1981;
“animal” means a ruminating animal;
“carcase” means the carcase of a ruminating animal;
“confirmation of disease” means a declaration by the Chief Veterinary Officer that the bluetongue virus is circulating in a specific area;
“embryo” means the embryo of a ruminating animal;
“the disease” means bluetongue;
“diseased” means affected with the disease;
“Divisional Veterinary Manager” means the veterinary inspector authorised by the Secretary of State to receive information about animals or carcases diseased or suspected of being diseased for the area in which such animals or carcases are situated;
“keeper” means any natural or legal person having ownership of, or charged with keeping animals, whether or not for financial reward;
“ovum” means the ovum of a ruminating animal;
“premises” includes land, vehicles, vessels and aircraft;
“Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“semen” means the semen of a ruminating animal;
“sentinel animals” means animals which do not have antibodies to the disease and which are used for surveillance for it;
“thing” includes a carcase, embryo, ovum, semen, fodder, litter, dung, straw, slurry, utensil, pen, hurdle, vehicle, equipment and clothing;
“vector” means an insect of the species Culicoides imicola or any other insect of the genus Culicoides which, in the opinion of the Chief Veterinary Officer, is capable of transmitting bluetongue;
“vessel” has the meaning given to “ship” by the Merchant Shipping Act 1995 .
2
Any approval, licence, notice or direction under this Order shall be in writing, may be subject to conditions and may be amended, suspended or revoked by notice in writing at any time.
Extension of definition of “disease”
3
The definition of “disease” in section 88(1) of the Animal Health Act 1981 is extended to include bluetongue.
Exemption for activities authorised under the Specified Animal Pathogens Order 1998
4
This Order shall not apply to anything authorised by a licence issued under article 4 of the Specified Animal Pathogens Order 1998 in respect of the disease.
Vaccination against the disease
5
No person shall vaccinate an animal against the disease unless authorised by the Secretary of State.
Initial requirements where disease is known or suspected to exist
6
1
Any person who knows or suspects that any animal or carcase in his possession, under his charge or being examined or inspected by him is diseased, shall —
a
immediately notify the Divisional Veterinary Manager; and
b
refrain from moving any animal or carcase on or off the premises where the animal or carcase known to be or suspected as being diseased is located, except as authorised by an inspector.
2
Any person who analyses samples taken from any animal or carcase and who finds evidence of antibodies or antigens to the disease or to any vaccine for the disease shall immediately notify the Divisional Veterinary Manager.
Isolation of animals
7
The occupier of any premises or any keeper who knows or suspects that any animal or carcase in his possession or under his charge is diseased shall, where this is practicable, ensure that all animals on the premises are kept indoors.
Notification by inspectors
8
1
If an inspector knows or suspects that the disease exists on any premises, he shall immediately serve a notice on the occupier of those premises or on the keeper of any animals on those premises requiring that —
a
no animal, carcase, ovum, semen or embryo enters or leaves the premises;
b
an inventory of all animals on the premises is kept, recording, for each species —
i
the number dead;
ii
the number alive which appear to the occupier or keeper to be infected with the disease; and
iii
the number alive which do not appear to the occupier or keeper to be infected with the disease;
c
this inventory is kept up to date to take account of animals which are born or die and is produced to an inspector on request;
d
all animals on the premises are kept indoors or as directed by an inspector;
e
the premises and animals on them are subject to such vector control measures as an inspector may direct;
f
carcases are destroyed, buried or disposed of as an inspector may direct.
2
A veterinary inspector or an inspector acting under the direction of a veterinary inspector may also serve such a notice on the occupier of premises whose location, geographical situation or contacts with premises where the disease is known or suspected to exist (in England or elsewhere) provide grounds for suspecting the existence of the disease, exposure to it or the presence of vectors there.
3
Notices may be served under paragraphs (1) and (2) whether or not notification has been given under article 6.
Powers of veterinary inspectors and officers
9
1
A veterinary inspector may enter on any part of premises in respect of which a notice has been served under article 8 and may —
a
examine any animal, carcase or thing;
b
require the detention, isolation, restraint or treatment of any animal;
c
require the slaughter of any animal which is affected by disease or which he suspects may be affected by disease or have been exposed to infection;
d
make such tests and take such samples (including blood samples) from any animal, carcase or thing as he may consider necessary for the purpose of diagnosis;
e
mark for identification purposes any animal, carcase or thing;
f
collect vectors and set traps for the collection of vectors;
g
implement such other vector control measures as he deems necessary;
h
require the destruction, burial, disposal or treatment of any thing;
i
require the cleansing and disinfection of any part of the premises or of any person, animal or thing on the premises;
j
require the occupier, any veterinary surgeon who has attended any animal on the premises and any other person who has been in charge of or in contact with any such animal to inform him of any other animal or other premises with which any such animal may have come into contact.
2
An officer authorised by the Secretary of State and acting under the direction of a veterinary inspector may enter on any part of premises in respect of which a notice has been served under article 8 and may —
a
collect vectors and set traps for the collection of vectors; and
b
implement such other vector control measures as a veterinary inspector may deem necessary.
Measures when the disease is confirmed
10
1
On confirmation of disease, a veterinary inspector or an inspector acting under the direction of a veterinary inspector shall serve notices on the occupiers of all premises or on the keepers of animals on those premises within —
a
a 20 kilometre radius of premises where the disease is known to exist; or
b
such other area as the Chief Veterinary Officer may decide having regard to epidemiological, geographical, ecological and meteorological factors.
2
Such notice shall require the occupier to comply with some or all of the requirements set out in articles 8 and 9 and with any other requirements which he considers necessary.
3
Such notice need not be served on those already notified under article 8.
Restrictions in infected areas
11
1
Where, by Order, the Secretary of State declares an area to be an infected area to which this Order applies, the following provisions in this article and article 12 shall apply to that area, save as expressly varied or excepted by such Order.
2
Any premises which are partly within an infected area shall be deemed to be wholly within that area.
3
Except as authorised by a licence issued by an inspector in accordance with the advice of the Chief Veterinary Officer, no person shall —
a
move any animal, carcase, ovum, semen or embryo from the premises on which they are kept; or
b
move any animal, carcase, ovum, semen or embryo on public or private roads (other than the service roads of premises).
Powers of inspectors and officers in an infected area
12
1
When an infected area has been declared, veterinary inspectors and officers authorised by the Secretary of State shall, in respect of premises within the infected area, have the powers they have under article 9.
2
A veterinary inspector may also —
a
require the occupier of premises in an infected area or the keeper of any animal on those premises to allow the vaccination of any animal kept there; and
b
require the occupier or keeper to retain animals for use as sentinel animals or to allow the introduction of sentinel animals onto those premises.
Slaughter of animals
13
Section 32 of the Act (which relates to slaughter and compensation) shall apply to bluetongue.
General duties of occupiers and keepers
14
1
Unless otherwise authorised by a licence issued by an inspector or by the Secretary of State, an occupier of premises to which this Order applies and a keeper of any animal on such premises shall —
a
comply with requirements in notices served on them;
b
allow an inspector to enter premises referred to in notices served upon them;
c
compile and maintain such records as an inspector may reasonably require and produce such records to an inspector on request;
d
refrain from damaging, interfering with or removing any traps set for the collection of vectors;
e
refrain from defacing, obliterating or removing any mark made by a veterinary inspector under article 9; and
f
provide such reasonable assistance and information as an inspector may reasonably require for the purpose of carrying out his functions under this Order.
Powers of inspectors in case of default
15
1
If a person served with a notice under this Order fails to comply with any requirement of such a notice, an inspector may, without prejudice to any proceedings for an offence arising out of such default, take all such steps as may be necessary to ensure that such requirement is met.
2
The amount of any expenses reasonably incurred by the inspector under paragraph (1) shall be recoverable on demand as a civil debt by the Secretary of State or by the local authority, as the case may be, from the person in default.
General powers of inspectors
16
An inspector or officer of the Secretary of State who enters premises under this Order may take with him —
a
a vehicle (provided entry with such a vehicle is reasonably practicable);
b
such equipment as he considers necessary; and
c
such other person as he considers necessary for any purpose in relation to the execution and enforcement of this Order;
Enforcement and offences
17
This Order shall, except where otherwise expressly provided, be executed and enforced by the local authority.
Revocations
18
The Specified Diseases (Notification and Slaughter) Order 1992 and the Specified Diseases (Notification) Order 1996 are revoked insofar as they apply to bluetongue.
Elliot Morley
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
28th January 2003


text:
PART 1
INTRODUCTION
Title and commencement
1
This Order may be cited as the Proceeds of Crime Act 2002 (Investigations in different parts of the United Kingdom) Order 2003 and shall come into force on 1st April 2003.
Interpretation
2
In this Order —
“ the Act ” means the Proceeds of Crime Act 2002;
“an English or Welsh account monitoring order” means an order made in England and Wales under section 370(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“an English or Welsh appropriate officer” means —
in relation to a confiscation investigation —
the Director;
an accredited financial investigator;
a constable of a police force in England and Wales ; or
a customs officer;
in relation to a money laundering investigation —
an accredited financial investigator;
a constable of a police force in England and Wales; or
a customs officer;
“an English or Welsh customer information order” means an order made in England and Wales under section 363(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“an English or Welsh disclosure order” means an order made in England and Wales under section 357(1) of the Act for the purposes of a confiscation investigation;
“an English or Welsh production order” means an order made in England and Wales under section 345(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“an English or Welsh search and seizure warrant” means a warrant issued in England and Wales under section 352(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“a Northern Ireland account monitoring order” means an order made in Northern Ireland under section 370(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“a Northern Ireland appropriate officer” means —
in relation to a confiscation investigation —
the Director;
an accredited financial investigator;
a constable of the Police Service of Northern Ireland ; or
a customs officer;
in relation to a money laundering investigation —
an accredited financial investigator;
a constable of the Police Service of Northern Ireland; or
a customs officer;
“a Northern Ireland customer information order” means an order made in Northern Ireland under section 363(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“a Northern Ireland disclosure order” means an order made in Northern Ireland under section 357(1) of the Act for the purposes of a confiscation investigation;
“a Northern Ireland production order” means an order made in Northern Ireland under section 345(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“a Northern Ireland search and seizure warrant” means a warrant issued in Northern Ireland under section 352(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“the Police and Criminal Evidence Order ” means the Proceeds of Crime Act 2002 (Application of Police and Criminal Evidence Act 1984 and Police and Criminal Evidence (Northern Ireland) Order 1989) Order 2003 ;
“a Scottish account monitoring order” means an order made under section 404(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“a Scottish customer information order” means an order made under section 397(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“a Scottish disclosure order” means an order made under section 391(1) of the Act for the purposes of a confiscation investigation;
“a Scottish production order” means an order made under section 380(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
“a Scottish search warrant” means a warrant issued under section 387(1) of the Act for the purposes of a confiscation investigation or a money laundering investigation;
references to a constable of a police force in Scotland include references to a customs officer.
PART 2
ENFORCEMENT IN ENGLAND AND WALES OF SCOTTISH AND NORTHERN IRELAND ORDERS AND WARRANTS
Northern Ireland production orders
3
1
This article applies where —
a
a Northern Ireland production order requires a person in England and Wales in possession or control of material in England and Wales to produce the material or give access to the material; or
b
an order to grant entry to premises in England and Wales is made in respect of a Northern Ireland production order under section 347 of the Act.
2
Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by an English or Welsh appropriate officer or a Northern Ireland appropriate officer serving the order personally,
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
3
Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
4
The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies”.
5
The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in England and Wales.
6
Section 348(1) to (4) of the Act (further provisions) has effect as if the production order were an English or Welsh production order.
7
Section 350 of the Act (government departments) has effect as if the production order were an English or Welsh production order and, in particular —
a
if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales; and
b
the production order must be served as if the proceedings were civil proceedings started against the department in England and Wales.
Scottish production orders
4
1
This article applies where —
a
a Scottish production order requires a person in England and Wales in possession or control of material in England and Wales to produce the material or give access to the material; or
b
an order to grant entry to premises in England and Wales is made in respect of a Scottish production order under section 382 of the Act.
2
Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by an English or Welsh appropriate officer or a constable of a police force in Scotland serving the order personally,
and the Summary Jurisdiction (Process) Act 1881 , any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirement in law as to the service of documents do not apply.
3
Sections 380(5), 382(3), 383(3) and (5) and 384 of the Act have effect with the modifications in paragraph (4).
4
The modifications are that for “a proper person” in each place where it occurs, there is substituted “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.
5
The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in England and Wales.
6
Section 383(1) and (2) of the Act (further provisions) does not apply and section 348(1) to (4) of the Act (further provisions) has effect as if the production order were an English or Welsh production order.
7
Section 385 of the Act (government departments) does not apply and section 350 of the Act (government departments) has effect as if the production order were an English or Welsh production order and, in particular —
a
if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 380(5) of the Act) the person on whom it is served must report the reasons for the failure to a judge entitled to exercise the jurisdiction of the Crown Court in England and Wales; and
b
the production order must be served as if the proceedings were civil proceedings started against the department in England and Wales.
Northern Ireland search and seizure warrants
5
1
This article applies where a Northern Ireland search and seizure warrant authorises entry into and search of premises in England and Wales.
2
Section 352(4) of the Act (definition of a search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.
3
Section 352(5) of the Act (definition of an appropriate person) has effect with the modifications in paragraph (4).
4
The modifications are that for paragraphs (a) and (b), there are substituted —
a
a customs officer; or
b
a constable of a police force in England and Wales; or
c
a constable of the Police Service of Northern Ireland.
.
5
Section 354 of the Act (further provisions) applies as if the warrant were an English or Welsh search and seizure warrant.
6
Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) does not apply to the execution of the warrant in England and Wales.
7
Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) has effect in relation to the execution of the warrant in England and Wales as it has effect in relation to the execution of an English or Welsh search and seizure warrant.
8
Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in England and Wales.
9
Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in England and Wales as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that section applies and as if the reference to a constable included a constable of the Police Service of Northern Ireland or a customs officer exercising functions by virtue of paragraphs (2) to (4).
10
Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) have effect as if the warrant had been executed in Northern Ireland.
11
Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) do not apply.
Scottish search warrants
6
1
This article applies where a Scottish search warrant authorises entry into and search of premises in England and Wales.
2
Section 387(4) of the Act (definition of search warrant) has effect with the modification that for “a proper person”, there is substituted “a constable of a police force in England and Wales, a constable of a police force in Scotland or both acting together, as the warrant specifies”.
3
Section 389 of the Act (further provisions) does not apply and section 354 of the Act (further provisions) applies as if the warrant were an English or Welsh search and seizure warrant.
4
Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) has effect in relation to the execution of the warrant in England and Wales as it has effect in relation to the execution of an English or Welsh search and seizure warrant.
5
Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) does not apply to the execution of the warrant in England and Wales.
6
Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in England and Wales as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that section applies and as if the reference to a constable included a constable of a police force in Scotland exercising functions by virtue of paragraph (2).
7
Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) has effect as if the warrant had been executed in Scotland.
8
Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) do not apply.
9
The Summary Jurisdiction (Process) Act 1881 does not apply.
Northern Ireland disclosure orders
7
1
Paragraphs (2) to (4) apply where the Director gives a notice under a Northern Ireland disclosure order which requires a person in England and Wales to —
a
answer questions in England and Wales; or
b
provide information or produce documents in England and Wales.
2
Proceedings for an offence under section 359 of the Act may be brought in England and Wales.
3
Section 360 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.
4
Section 361 of the Act (further provisions) applies as if the order were an English or Welsh disclosure order.
5
Paragraph (6) applies where the Director gives a notice under a Northern Ireland disclosure order which requires a person in England and Wales to —
a
answer questions in Northern Ireland; or
b
provide information or produce documents in Northern Ireland.
6
Proceedings for an offence under section 359 may be brought in England and Wales, as well as in Northern Ireland.
Scottish disclosure orders
8
1
Paragraphs (2) to (5) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in England and Wales to —
a
answer questions in England and Wales; or
b
provide information or produce documents in England and Wales.
2
Section 393 of the Act (offences) does not apply and section 359 of the Act (offences) applies as if the order were an English or Welsh disclosure order.
3
Section 394 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland, with the modifications in paragraph (4).
4
The modifications are that in subsection (2) —
a
in paragraph (b), after “section 393(1) or (3)”, there is inserted “or an offence under section 359(1) or (3)”;
b
in paragraph (c), after “perjury”, there is inserted “or an offence under section 5 of the Perjury Act 1911 ”.
5
Section 395 of the Act (further provisions) does not apply and section 361 of the Act (further provisions) applies as if the order were an English or Welsh disclosure order, with the modification that for “the Director”, in each place where it occurs, there is substituted “the Lord Advocate”.
6
Paragraphs (7) and (8) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in England and Wales to —
a
answer questions in Scotland; or
b
provide information or produce documents in Scotland.
7
Section 359 of the Act (offences) applies as if the order were an English or Welsh disclosure order, as well as section 393 of the Act (offences) and, for the avoidance of doubt, section 361 of the Act does not apply in determining whether the person has committed an offence under section 359(1) or (3) of the Act.
8
Section 394 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in England and Wales for an offence under section 359(1) or (3).
Northern Ireland customer information orders
9
1
This article applies where a Northern Ireland appropriate officer gives a notice under a Northern Ireland customer information order which requires a financial institution in England and Wales to provide customer information.
2
Proceedings for an offence under section 366 of the Act may be brought in England and Wales, as well as in Northern Ireland.
3
Section 367 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.
4
Section 368 of the Act (disclosure of information) applies as if the order were an English or Welsh customer information order.
Scottish customer information orders
10
1
This article applies where the procurator fiscal gives a notice under a Scottish customer information order which requires a financial institution in England and Wales to provide customer information.
2
Section 366 of the Act (offences) applies as if the order were an English or Welsh customer information order, as well as section 400 of the Act (offences).
3
Section 401 of the Act (statements) applies in relation to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland, with the modification that in paragraph (b) of subsection (2), after “section 400(1) or (3)”, there is inserted “or an offence under section 366(1) or (3)”.
4
Section 368 of the Act (disclosure of information) applies as if the order were an English or Welsh customer information order.
Northern Ireland account monitoring orders
11
1
This article applies where a Northern Ireland account monitoring order is made in respect of a financial institution in England and Wales.
2
The account monitoring order may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by an English or Welsh appropriate officer or a Northern Ireland appropriate officer serving the order personally,
and any rules of court (other than rules of court made by virtue of section 446 of the Act) as to the service of documents or other requirements in law as to the service of documents do not apply.
3
Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and Northern Ireland appropriate officer acting together the order specifies”.
4
The account monitoring order has effect as if it were an order of the Crown Court in England and Wales.
5
Section 372 of the Act (statements) applies to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Northern Ireland.
6
Section 374 of the Act (disclosure of information) has effect as if the order were an English or Welsh account monitoring order.
Scottish account monitoring orders
12
1
This article applies where a Scottish account monitoring order is made in respect of a financial institution in England and Wales.
2
The account monitoring order may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by an English or Welsh appropriate officer or a constable of a police force in Scotland serving the order personally,
and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirements in law as to the service of documents do not apply.
3
Section 404(7) of the Act (definition of account monitoring order) has effect with the modification that for “the proper person”, there is substituted “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.
4
The account monitoring order has effect as if it were an order of the Crown Court in England and Wales.
5
Section 406 of the Act (statements) applies to criminal proceedings brought in England and Wales, as well as criminal proceedings brought in Scotland.
6
Section 374 of the Act (disclosure of information) has effect as if the order were an English or Welsh account monitoring order.
PART 3
ENFORCEMENT IN NORTHERN IRELAND OF ENGLISH, WELSH AND SCOTTISH ORDERS AND WARRANTS
English or Welsh production orders
13
1
This article applies where —
a
an English or Welsh production order requires a person in Northern Ireland in possession or control of material in Northern Ireland to produce the material or give access to the material; or
b
an order to grant entry to premises in Northern Ireland is made in respect of an English or Welsh production order under section 347 of the Act.
2
Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by a Northern Ireland appropriate officer or an English or Welsh appropriate officer serving the order personally,
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
3
Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
4
The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies”.
5
The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in Northern Ireland.
6
Section 348(1) to (4) of the Act (further provisions) has effect as if the production order were a Northern Ireland production order.
7
Section 350 of the Act (government departments) has effect as if the production order were a Northern Ireland production order and, in particular —
a
if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to a Crown Court judge in Northern Ireland; and
b
the production order must be served as if the proceedings were civil proceedings started against the department in Northern Ireland.
Scottish production orders
14
1
This article applies where —
a
a Scottish production order requires a person in Northern Ireland in possession or control of material in Northern Ireland to produce the material or give access to the material; or
b
an order to grant entry to premises in Northern Ireland is made in respect of a Scottish production order under section 382 of the Act.
2
Subject to paragraph (7), the production order or the order to grant entry, as the case may be, may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by a Northern Ireland appropriate officer or a constable of a police force in Scotland serving the order personally,
and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirements in law as to the service of documents do not apply.
3
Sections 380(5), 382(3), 383(3) and (5) and 384 of the Act have effect with the modifications in paragraph (4).
4
The modifications are that for “a proper person” in each place where it occurs, there is substituted “whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies”.
5
The production order or the order to grant entry, as the case may be, has effect as if it were an order of the Crown Court in Northern Ireland.
6
Section 383(1) and (2) of the Act (further provisions) does not apply and section 348(1) to (4) of the Act (further provisions) has effect as if the production order were a Northern Ireland production order.
7
Section 385 of the Act (government departments) does not apply and section 350 of the Act (government departments) has effect as if the production order were a Northern Ireland production order and, in particular —
a
if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 380(5) of the Act) the person on whom it is served must report the reasons for the failure to a Crown Court judge in Northern Ireland; and
b
the production order must be served as if the proceedings were civil proceedings started against the department in Northern Ireland.
English or Welsh search and seizure warrants
15
1
This article applies where an English or Welsh search and seizure warrant authorises entry into and search of premises in Northern Ireland.
2
Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.
3
Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).
4
The modifications are that for paragraphs (a) and (b), there are substituted —
a
a customs officer; or
b
a constable of a police force in England and Wales; or
c
a constable of the Police Service of Northern Ireland.
.
5
Section 354 of the Act (further provisions) applies as if the warrant were a Northern Ireland search and seizure warrant.
6
Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) does not apply to the execution of the warrant in Northern Ireland.
7
Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) has effect in relation to the execution of the warrant in Northern Ireland as it has effect in relation to the execution of a Northern Ireland search and seizure warrant.
8
Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Northern Ireland.
9
Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in Northern Ireland as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that article applies and as if the reference to a constable included a constable of a police force in England and Wales or customs officer exercising functions by virtue of paragraphs (2) to (4).
10
Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) have effect as if the warrant had been executed in England and Wales.
11
Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) do not apply.
Scottish search warrants
16
1
This article applies where a Scottish search warrant authorises entry into and search of premises in Northern Ireland.
2
Section 387(4) of the Act (definition of search warrant) has effect with the modification that for “a proper person”, there is substituted “a constable of the Police Service of Northern Ireland, a constable of a police force in Scotland or both acting together, as the warrant specifies”.
3
Section 389 of the Act (further provisions) does not apply and section 354 of the Act (further provisions) applies as if the warrant were a Northern Ireland search and seizure warrant.
4
Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) has effect in relation to the execution of the warrant in Northern Ireland as it has effect in relation to the execution of a Northern Ireland search and seizure warrant.
5
Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) does not apply to the execution of the warrant in Northern Ireland.
6
Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) has effect in relation to a power of seizure under the warrant exercised in Northern Ireland as it has effect in relation to the exercise of a power of seizure conferred by an enactment to which that article applies and as if the reference to a constable included a constable of a police force in Scotland exercising functions by virtue of paragraph (2).
7
Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) has effect as if the warrant had been executed in Scotland.
8
Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) do not apply.
9
The Summary Jurisdiction (Process) Act 1881 does not apply.
English or Welsh disclosure orders
17
1
Paragraphs (2) to (4) apply where the Director gives a notice under an English or Welsh disclosure order which requires a person in Northern Ireland to —
a
answer questions in Northern Ireland; or
b
provide information or produce documents in Northern Ireland.
2
Proceedings for an offence under section 359 of the Act may be brought in Northern Ireland.
3
Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.
4
Section 361 of the Act (further provisions) applies as if the order were a Northern Ireland disclosure order.
5
Paragraph (6) applies where the Director gives a notice under an English or Welsh disclosure order which requires a person in Northern Ireland to —
a
answer questions in England or Wales; or
b
provide information or produce documents in England or Wales.
6
Proceedings for an offence under section 359 may be brought in Northern Ireland, as well as in England and Wales.
Scottish disclosure orders
18
1
Paragraphs (2) to (5) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to —
a
answer questions in Northern Ireland; or
b
provide information or produce documents in Northern Ireland.
2
Section 393 of the Act (offences) does not apply and section 359 of the Act (offences) applies as if the order were a Northern Ireland disclosure order.
3
Section 394 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland, with the modifications in paragraph (4).
4
The modifications are that in subsection (2) —
a
in paragraph (b), after “section 393(1) or (3)”, there is inserted “or an offence under section 359(1) or (3)”;
b
in paragraph (c), after “perjury”, there is inserted “or an offence under article 10 of the Perjury (Northern Ireland) Order 1979 ”.
5
Section 395 of the Act (further provisions) does not apply and section 361 of the Act (further provisions) applies as if the order were a Northern Ireland disclosure order, with the modification that for “the Director”, in each place where it occurs, there is substituted “the Lord Advocate”.
6
Paragraphs (7) and (8) apply where the Lord Advocate gives a notice under a Scottish disclosure order which requires a person in Northern Ireland to —
a
answer questions in Scotland; or
b
provide information or produce documents in Scotland.
7
Section 359 of the Act (offences) applies as if the order were a Northern Ireland disclosure order, as well as section 393 of the Act (offences) and, for the avoidance of doubt, section 361 of the Act does not apply in determining whether the person has committed an offence under section 359(1) or (3) of the Act.
8
Section 394 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Northern Ireland for an offence under section 359(1) or (3).
English or Welsh customer information orders
19
1
This article applies where an English or Welsh appropriate officer gives a notice under an English or Welsh customer information order which requires a financial institution in Northern Ireland to provide customer information.
2
Proceedings for an offence under section 366 of the Act may be brought in Northern Ireland, as well as in England and Wales.
3
Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.
4
Section 368 of the Act (disclosure of information) applies as if the order were a Northern Ireland customer information order.
Scottish customer information orders
20
1
This article applies where the procurator fiscal gives a notice under a Scottish customer information order which requires a financial institution in Northern Ireland to provide customer information.
2
Section 366 of the Act (offences) applies as if the order were a Northern Ireland customer information order, as well as section 400 of the Act (offences).
3
Section 401 of the Act (statements) applies in relation to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland, with the modification that in paragraph (b) of subsection (2), after “section 400(1) or (3)”, there is inserted “or an offence under section 366(1) or (3)”.
4
Section 368 of the Act (disclosure of information) applies as if the order were a Northern Ireland customer information order.
English or Welsh account monitoring orders
21
1
This article applies where an English or Welsh account monitoring order is made in respect of a financial institution in Northern Ireland.
2
The account monitoring order may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by a Northern Ireland appropriate officer or an English or Welsh appropriate officer serving the order personally,
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
3
Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of an English or Welsh appropriate officer, a Northern Ireland appropriate officer or an English or Welsh appropriate officer and a Northern Ireland appropriate officer acting together the order specifies”.
4
The account monitoring order has effect as if it were an order of the Crown Court in Northern Ireland.
5
Section 372 of the Act (statements) applies to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in England and Wales.
6
Section 374 of the Act (disclosure of information) has effect as if the order were a Northern Ireland account monitoring order.
Scottish account monitoring orders
22
1
This article applies where a Scottish account monitoring order is made in respect of a financial institution in Northern Ireland.
2
The account monitoring order may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by a Northern Ireland appropriate officer or a constable of a police force in Scotland serving the order personally,
and the Summary Jurisdiction (Process) Act 1881, any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) and any other requirement in law as to the service of documents do not apply.
3
Section 404(7) of the Act (definition of account monitoring order) has effect with the modification that for “the proper person”, there is substituted “whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies”.
4
The account monitoring order has effect as if it were an order of the Crown Court in Northern Ireland.
5
Section 406 of the Act (statements) applies to criminal proceedings brought in Northern Ireland, as well as criminal proceedings brought in Scotland.
6
Section 374 of the Act (disclosure of information) has effect as if the order were a Northern Ireland account monitoring order.
PART 4
ENFORCEMENT IN SCOTLAND OF ENGLISH, WELSH AND NORTHERN IRELAND ORDERS AND WARRANTS
English or Welsh production orders
23
1
This article applies where —
a
an English or Welsh production order requires a person in Scotland in possession or control of material in Scotland to produce the material or give access to the material; or
b
an order to grant entry to premises in Scotland is made in respect of an English or Welsh production order under section 347 of the Act.
2
The production order or the order to grant entry, as the case may be, may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by a constable of a police force in Scotland or an English or Welsh appropriate officer serving the order personally,
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
3
Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
4
The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.
5
The sheriff has, in relation to the enforcement of the production order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
6
Section 348(1) to (4) of the Act (further provisions) does not apply and section 383(1) and (2) of the Act (further provisions) has effect as if the production order were a Scottish production order.
7
Section 350 of the Act (government departments) does not apply and section 385 of the Act (government departments) has effect as if the production order were a Scottish production order and, in particular, if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to the sheriff.
Northern Ireland production orders
24
1
This article applies where —
a
a Northern Ireland production order requires a person in Scotland in possession or control of material in Scotland to produce the material or give access to the material; or
b
an order to grant entry to premises in Scotland is made in respect of a Northern Ireland production order under section 347 of the Act.
2
The production order or the order to grant entry, as the case may be, may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by a constable of a police force in Scotland or a Northern Ireland appropriate officer serving the order personally,
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
3
Sections 345(4), 347(3), 348(5) and (7) and 349 of the Act have effect with the modifications in paragraph (4).
4
The modifications are that for “an appropriate officer” in each place where it occurs, there is substituted, “whichever of a constable of a police force in Scotland, a Northern Ireland appropriate officer or a constable of a police force in Scotland and a Northern Ireland appropriate officer acting together the order specifies”.
5
The sheriff has, in relation to the enforcement of the production order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
6
Section 348(1) to (4) of the Act (further provisions) does not apply and section 383(1) and (2) of the Act (further provisions) has effect as if the production order were a Scottish production order.
7
Section 350 of the Act (government departments) does not apply and section 385 of the Act (government departments) has effect as if the production order were a Scottish production order and, in particular, if the order is not brought to the attention of the officer concerned within the period stated in the order (in pursuance of section 345(4) of the Act) the person on whom it is served must report the reasons for the failure to the sheriff.
English or Welsh search and seizure warrants
25
1
This article applies where an English or Welsh search and seizure warrant authorises entry into and search of premises in Scotland.
2
Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.
3
Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).
4
The modifications are that for paragraphs (a) and (b), there are substituted —
a
a constable of a police force in England and Wales; or
b
a constable of a police force in Scotland.
.
5
Section 354 of the Act (further provisions) does not apply and section 389 of the Act (further provisions) applies as if the warrant were a Scottish search warrant.
6
Article 3 of the Police and Criminal Evidence Order (application of section 16 of the Police and Criminal Evidence Act 1984) does not apply to the execution of the warrant in Scotland.
7
Section 20 of the Police and Criminal Evidence Act 1984 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Scotland.
8
Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) has effect in relation to the execution of the warrant in Scotland as it has effect in relation to the execution of a Scottish search warrant.
9
Articles 4 and 5 of the Police and Criminal Evidence Order (application of sections 21 and 22 of the Police and Criminal Evidence Act 1984) have effect as if the warrant had been executed in England and Wales.
10
Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) does not apply.
Northern Ireland search and seizure warrants
26
1
This article applies where a Northern Ireland search and seizure warrant authorises entry into and search of premises in Scotland.
2
Section 352(4) of the Act (definition of search and seizure warrant) has effect with the modification that for “an appropriate person”, there is substituted “one or more appropriate persons, as the warrant specifies”.
3
Section 352(5) of the Act (definition of appropriate person) has effect with the modifications in paragraph (4).
4
The modifications are that for paragraphs (a) and (b), there are substituted —
a
a constable of the Police Service of Northern Ireland; or
b
a constable of a police force in Scotland.
.
5
Section 354 of the Act (further provisions) does not apply and section 389 of the Act (further provisions) applies as if the warrant were a Scottish search warrant.
6
Article 7 of the Police and Criminal Evidence Order (application of article 18 of the Police and Criminal Evidence (Northern Ireland) Order 1989) does not apply to the execution of the warrant in Scotland.
7
Article 22 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (extension of powers to computerised information) does not apply to a power of seizure under the warrant exercised in Scotland.
8
Section 390(3) of the Act (which deals with computerised information in relation to Scottish search warrants) has effect in relation to the execution of the warrant in Scotland as it has effect in relation to the execution of a Scottish search warrant.
9
Articles 8 and 9 of the Police and Criminal Evidence Order (application of articles 23 and 24 of the Police and Criminal Evidence (Northern Ireland) Order 1989) have effect as if the warrant had been executed in Northern Ireland.
10
Section 390(4) of the Act (which states that copies may be taken of material seized under a Scottish search warrant) does not apply.
English or Welsh disclosure orders
27
1
Paragraphs (2) to (5) apply where the Director gives a notice under an English or Welsh disclosure order which requires a person in Scotland to —
a
answer questions in Scotland; or
b
provide information or produce documents in Scotland.
2
Section 359 of the Act (offences) does not apply and section 393 of the Act (offences) applies as if the order were a Scottish disclosure order.
3
Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales, with the modifications in paragraph (4).
4
The modifications are that in subsection (2) —
a
in paragraph (b), after “section 359(1) or (3)”, there is inserted “or an offence under section 393(1) or (3)”;
b
in paragraph (c), after “prosecution for”, there is inserted “perjury in the law of Scotland,”.
5
Section 361 of the Act (further provisions) does not apply and section 395 of the Act (further provisions) applies as if the order were a Scottish disclosure order, with the modification that for “the Lord Advocate”, in each place where it occurs, there is substituted “the Director”.
6
Paragraphs (7) and (8) apply where the Director gives a notice under an English or Welsh disclosure order which requires a person in Scotland to —
a
answer questions in England and Wales; or
b
provide information or produce documents in England and Wales.
7
Section 393 of the Act (offences) applies as if the order were a Scottish disclosure order, as well as section 359 of the Act (offences) and, for the avoidance of doubt, section 395 of the Act does not apply in determining whether the person has committed an offence under section 393(1) or (3) of the Act.
8
Section 360 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Scotland for an offence under section 393(1) or (3).
Northern Ireland disclosure orders
28
1
Paragraphs (2) to (5) apply where the Director gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to —
a
answer questions in Scotland; or
b
provide information or produce documents in Scotland.
2
Section 359 of the Act (offences) does not apply and section 393 of the Act (offences) applies as if the order were a Scottish disclosure order.
3
Section 360 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland, with the modifications in paragraph (4).
4
The modifications are that in subsection (2) —
a
in paragraph (b), after “section 359(1) or (3)”, there is inserted “or an offence under section 393(1) or (3)”;
b
in paragraph (c), after “prosecution for”, there is inserted “perjury in the law of Scotland,”.
5
Section 361 of the Act (further provisions) does not apply and section 395 of the Act (further provisions) applies as if the order were a Scottish disclosure order, with the modification that for “the Lord Advocate”, in each place where it occurs, there is substituted “the Director”.
6
Paragraphs (7) and (8) apply where the Director gives a notice under a Northern Ireland disclosure order which requires a person in Scotland to —
a
answer questions in Northern Ireland; or
b
provide information or produce documents in Northern Ireland.
7
Section 393 of the Act (offences) applies as if the order were a Scottish disclosure order, as well as section 359 of the Act (offences) and, for the avoidance of doubt, section 395 of the Act does not apply in determining whether the person has committed an offence under section 393(1) or (3) of the Act.
8
Section 360 of the Act (statements) does not prevent a statement made by the person in response to a requirement imposed by the notice from being used in evidence on a prosecution in Scotland for an offence under section 393(1) or (3).
English or Welsh customer information orders
29
1
This article applies where an English or Welsh appropriate officer gives a notice under an English or Welsh customer information order which requires a financial institution in Scotland to provide customer information.
2
Section 400 of the Act (offences) applies as if the order were a Scottish customer information order, as well as section 366 of the Act (offences).
3
Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales, with the modification that in paragraph (b) of subsection (2), after “section 366(1) or (3)”, there is inserted “or an offence under section 400(1) or (3)”.
4
Section 402 of the Act (further provisions) applies as if the order were a Scottish customer information order.
Northern Ireland customer information orders
30
1
This article applies where a Northern Ireland appropriate officer gives a notice under a Northern Ireland customer information order which requires a financial institution in Scotland to provide customer information.
2
Section 400 of the Act (offences) applies as if the order were a Scottish customer information order, as well as section 366 of the Act (offences).
3
Section 367 of the Act (statements) applies in relation to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland, with the modification that in paragraph (b) of subsection (2), after “section 366(1) or (3)”, there is inserted “or an offence under section 400(1) or (3)”.
4
Section 402 of the Act (further provisions) applies as if the order were a Scottish customer information order.
English or Welsh account monitoring orders
31
1
This article applies where an English or Welsh account monitoring order is made in respect of a financial institution in Scotland.
2
The account monitoring order may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by an English or Welsh appropriate officer or a constable of a police force in Scotland serving the order personally,
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
3
Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of an English or Welsh appropriate officer, a constable of a police force in Scotland or an English or Welsh appropriate officer and a constable of a police force in Scotland acting together the order specifies”.
4
The sheriff has, in relation to the enforcement of the account monitoring order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
5
Section 372 of the Act (statements) applies to criminal proceedings brought in Scotland, as well as criminal proceedings brought in England and Wales.
6
Section 407 of the Act (further provisions) has effect as if the order were a Scottish account monitoring order.
Northern Ireland account monitoring orders
32
1
This article applies where a Northern Ireland account monitoring order is made in respect of a financial institution in Scotland.
2
The account monitoring order may be served —
a
by sending it by post, facsimile transmission or electronic mail to the person in possession of the material; or
b
by a Northern Ireland appropriate officer or a constable of a police force in Scotland serving the order personally,
and any rules of court as to the service of documents (other than rules of court made by virtue of section 446 of the Act) or other requirements in law as to the service of documents do not apply.
3
Section 370(6) of the Act (definition of account monitoring order) has effect with the modification that for “an appropriate officer”, there is substituted, “whichever of a Northern Ireland appropriate officer, a constable of a police force in Scotland or a Northern Ireland appropriate officer and a constable of a police force in Scotland acting together the order specifies”.
4
The sheriff has, in relation to the enforcement of the account monitoring order, the same powers as if he had made the order himself and proceedings for or with respect to any failure to comply with the order may be taken accordingly.
5
Section 372 of the Act (statements) applies to criminal proceedings brought in Scotland, as well as criminal proceedings brought in Northern Ireland.
6
Section 407 of the Act (further provisions) has effect as if the order were a Scottish account monitoring order.
PART 5
SUPPLEMENTARY PROVISIONS RELATING TO CONFISCATION INVESTIGATIONS AND MONEY LAUNDERING INVESTIGATIONS
Applications for discharge and variation and Code of Practice
33
1
This article applies where an order made, or warrant issued, under Part 8 of the Act for the purposes of a confiscation investigation or a money laundering investigation in one part of the United Kingdom is enforced in another part of the United Kingdom, in accordance with the preceding provisions of this Order.
2
Any application for the discharge or variation of the order or warrant must be made in the part of the United Kingdom in which the order was made.
3
The Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act applies to any act done in England and Wales or in Northern Ireland in respect of the order or warrant by —
a
an English or Welsh appropriate officer;
b
a Northern Ireland appropriate officer; or
c
a constable of a police force in Scotland,
and the Code of Practice for the time being in operation by virtue of an order made by the Scottish Ministers under section 410(4) of the Act does not apply in such circumstances.
4
The Code of Practice for the time being in operation by virtue of an order made by the Scottish Ministers under section 410(4) of the Act applies to any act done in Scotland in respect of the order or warrant by —
a
an English or Welsh appropriate officer;
b
a Northern Ireland appropriate officer; or
c
a constable of a police force in Scotland,
and the Code of Practice for the time being in operation by virtue of an order made by the Secretary of State under section 377(4) of the Act does not apply in such circumstances.
PART 6
ORDERS AND WARRANTS MADE OR ISSUED FOR THE PURPOSES OF CIVIL RECOVERY INVESTIGATIONS
Amendment of Civil Jurisdiction and Judgments Act 1982
34
In section 18 of the Civil Jurisdiction and Judgments Act 1982 (enforcement of United Kingdom judgments in other parts of the United Kingdom), there is inserted in subsection (2), after paragraph (e) —
f
an order made, or a warrant issued, under Part 8 of the Proceeds of Crime Act 2002 for the purposes of a civil recovery investigation within the meaning given by section 341 of that Act;
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Planning (Listed Buildings and Conservation Areas) (England) (Amendment) Regulations 2003.
2
Regulations 2 and 3 of these Regulations shall come into force on 5th December 2003 and all other regulations thereof shall come into force on 5th September 2003.
3
These Regulations apply in England only.
4
In these Regulations “the 1990 Regulations ” means the Planning (Listed Buildings and Conservation Areas) Regulations 1990 .
Amendment to regulation 3: Applications for listed building consent or for conservation area consent
2
For regulation 3(5) of the 1990 Regulations substitute —
5
Every such notice of decision or reference to the Secretary of State shall be in writing and where the local planning authority decide —
a
to grant listed building consent or conservation area consent subject to conditions or to refuse it, the notice shall state the full reasons for the decision and shall be accompanied by a notification in the terms (or substantially in the terms) set out in Part II of Schedule 1 hereto; or
b
to grant listed building consent or conservation area consent without conditions, the notice shall state a summary of the reasons for the decision.
.
Amendment to regulation 4: Applications to vary or discharge conditions attached to listed building consent or conservation area consent
3
In regulation 4(2) of the 1990 Regulations, for the second reference to “regulation 3(5)” substitute “regulation 3(5)(a)”.
Amendment to regulation 8: Appeals
4
In regulation 8(1) of the 1990 Regulations, for “six months” substitute “three months”.
Amendments to Schedule 1
5
In Parts I, II and III of Schedule 1 to the 1990 Regulations, for “six months” substitute “three months”.
Transitional Provisions
6
The amendments made to the 1990 Regulations by —
a
regulations 4 and 5, shall not apply to applications for listed building consent or conservation area consent made before those regulations come into force;
b
regulation 2, shall not apply to applications for listed building consent or conservation area consent made before that regulation comes into force, which are decided or determined within a period of three months from that date.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State
Office of the Deputy Prime Minister
6th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Notification of Change of Circumstances) Regulations 2003 and shall come into force on 6th January 2004.
Amendment of the Social Security (Claims and Payments) Regulations 1987
2
In the Social Security (Claims and Payments) Regulations 1987 , in regulation 32(1B) (changes to be notified) for “in writing (unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing) of any such change to an appropriate office” substitute —
of the change to the appropriate office —
in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or
in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)
.
Amendment of the Social Security (Notification of Change of Circumstances) Regulations 2001
3
In the Social Security (Notification of Change of Circumstances) Regulations 2001 , in regulation 5(1) (change affecting other benefit payment or advantage) —
a
omit “or sent”, and
b
for “in writing (except where he determines in any particular case that he will accept a notice otherwise than in writing) at the appropriate office” substitute —
at the appropriate office —
in writing or by telephone (unless the Secretary of State determines in any particular case that notice must be in writing or may be given otherwise than in writing or by telephone); or
in writing if in any class of case he requires written notice (unless he determines in any particular case to accept notice given otherwise than in writing)
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
9th December 2003