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PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service (Personal Medical Services Agreements) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply in relation to England only .
Interpretation
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the 1990 Act ” means the National Health Service and Community Care Act 1990;
“the 2003 Order ” means the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 ;
“ Abolition of the Tribunal Regulations ” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ;
“ Abolition of the Tribunal (Wales) Regulations ” means the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2002 ;
“adjudicator” means the Secretary of State or a person or persons appointed by the Secretary of State under section 4(5) of the 1990 Act or paragraph 95(5) of Schedule 5;
“agreement” means, except where the context otherwise requires, an agreement for primary medical services made under section 28C of the Act;
“appliance” means an appliance which is included in a list for the time being approved by the Secretary of State for the purposes of section 41 of the Act;
“approved medical practice” shall be construed in accordance with section 11(4) of the Medical Act 1983 ;
“ armed forces GP ” means a medical practitioner, who is employed on a contract of service by the Ministry of Defence, whether or not as a member of the United Kingdom Armed Forces of Her Majesty;
“assessment panel” means a committee or sub-committee of a Primary Care Trust (other than the Primary Care Trust which is a party to the agreement in question) appointed to exercise functions under paragraphs 30 and 34 of Schedule 5;
“bank holiday” means any day that is specified or proclaimed as a bank holiday pursuant to section 1 of the Banking and Financial Dealings Act 1971 ;
“batch issue” means a form provided by a Primary Care Trust and issued by a prescriber at the same time as a repeatable prescription to enable a chemist to receive payment for the provision of repeat dispensing services which is in the format specified in Part 2 of Schedule 1, and which —
is generated by a computer and not signed by a prescriber,
relates to a particular repeatable prescription and contains the same dates as that prescription,
is issued as one of a sequence of forms, the number of which is equal to the number of occasions on which the drugs, medicines or appliances ordered on the repeatable prescription may be provided, and
specifies a number denoting its place in the sequence referred to in paragraph (c);
“ CCT ” means Certificate of Completion of Training awarded under article 8 of the 2003 Order, including any such certificate awarded in pursuance of the competent authority functions of the Postgraduate Medical Education and Training Board specified in article 20(3)(a) of that Order;
“charity trustee” means one of the persons having the general control and management of the administration of a charity;
“chemist” means —
a registered pharmacist,
a person lawfully conducting a retail pharmacy business in accordance with section 69 of the Medicines Act 1968 , or
a supplier of appliances,
who is included in the list of a Primary Care Trust or a Local Health Board under section 42 of the Act, or who provides local pharmaceutical services in accordance with LPS arrangements;
“child” means a person who has not attained the age of 16 years;
“closed”, in relation to the contractor’s list of patients, means closed to applications for inclusion in the list of patients other than from immediate family members of registered patients;
“contractor” means, except where the context otherwise requires —
where a Primary Care Trust is not providing services under the agreement, a person or persons other than a Primary Care Trust, who is a party, or are parties, to the agreement, or
where a Primary Care Trust is providing services under the agreement, that Primary Care Trust and any other person or persons (other than a Strategic Health Authority) who is a party, or are parties, to the agreement;
“contractor’s leaflet” means a leaflet drawn up in accordance with paragraph 72 of Schedule 5;
“contractor’s list of patients” means the list prepared and maintained by the Primary Care Trust under paragraph 13 of Schedule 5 and references to the contractor having a list of patients shall be interpreted accordingly;
“contractor’s practice area” means the area specified in the agreement as the area in which essential services are to be provided;
“contractor’s premises” means an address specified in the agreement as one at which services are to be provided under the agreement;
“core hours” means the period beginning at 8am and ending at 6.30pm on any day from Monday to Friday except Good Friday, Christmas Day or bank holidays;
“dispensing services” means the provision of drugs, medicines or appliances that may be provided as pharmaceutical services by a medical practitioner in accordance with arrangements made under regulation 20 of the Pharmaceutical Regulations ;
“Drug Tariff” has the same meaning as in regulation 18 of the Pharmaceutical Regulations;
“essential services” means the services described in regulation 15(3), (5), (6) and (8) of the General Medical Services Contracts Regulations ;
“ FHSAA ” means the Family Health Service Appeal Authority constituted under section 49S of the Act ;
“ FHSAA (SHA) ” means the Family Health Services Appeal Authority (Special Health Authority) established by article 2 of the Family Health Services Appeal Authority (Establishment and Constitution) Order 1995 ;
“general medical practitioner” means, except where the context otherwise requires —
on or after the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the General Practitioner Register, and
before the coming into force of that article, a medical practitioner who is either —
until the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, suitably experienced within the meaning of section 31(2) of the Act, section 21 of the National Health Service (Scotland) Act 1978 or Article 8(2) of the Health and Personal Social Services (Northern Ireland) Order 1978 , or has an acquired right to practise as a general medical practitioner pursuant to regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 , or
upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, an eligible general practitioner pursuant to that paragraph;
“General Medical Services Contracts Regulations” means the National Health Services (General Medical Services Contracts) Regulations 2004 ;
“General Practitioner Register” means the register kept by the General Medical Council under article 10 of the 2003 Order;
“ GP Registrar” —
until the coming into force of article 5 of the 2003 Order, means a medical practitioner who is being trained in general practice by a medical practitioner who —
has been approved for that purpose by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 , and
performs primary medical services, and
from the coming into force of that article, means a medical practitioner who is being trained in general practice by a GP Trainer whether as part of training leading to the award of a CCT or otherwise;
“GP Trainer” means a general medical practitioner who is —
until the coming into force of article 4(5)(d) of the 2003 Order, approved as a GP Trainer by the Joint Committee on Postgraduate Training for General Practice under regulation 7 of the National Health Service (Vocational Training for General Medical Practice) Regulations 1997, or
from the coming into force of that article, approved by the Postgraduate Medical Education and Training Board under article 4(5)(d) of the 2003 Order for the purposes of providing training to a GP Registrar under article 5(1)(c)(i);
“Health and Social Services Board” means a Health and Social Services Board established under the Health and Personal Social Services (Northern Ireland) Order 1972 ;
“Health and Social Services Trust” means a Health and Social Services Trust established under the Health and Personal Social Services (Northern Ireland) Order 1991 ;
“Health Board” means a Health Board established under the National Health Service (Scotland) Act 1978;
“health care professional” has the same meaning as in section 28M of the Act (persons eligible to enter into GDS contracts) and “health care profession” shall be construed accordingly;
“health service body” has, unless the context otherwise requires, the meaning given to it in section 4(2) of the 1990 Act ;
“immediate family member” means —
a spouse,
a person (whether or not of the opposite sex) whose relationship with the registered patient has the characteristics of the relationship between husband and wife,
a parent or step parent,
a son,
a daughter,
a child of whom the registered patient is —
the guardian, or
the carer duly authorised by a local authority to whose care the child has been committed under the Children Act 1989 , or
a grandparent;
“independent nurse prescriber” means a person —
who is either engaged or employed by the contractor or is a party to the agreement,
who is registered in the Nursing and Midwifery Register, and
in respect of whom there is an annotation signifying that he is qualified to order drugs, medicines and appliances from —
the Nurse Prescribers' Formulary for District Nurses and Health Visitors in Part XVIIB(i) of the Drug Tariff, or
the Nurse Prescribers' Extended Formulary in Part XVIIB(ii) of the Drug Tariff;
“licensing authority” shall be construed in accordance with section 6(3) of the Medicines Act 1968 ;
“licensing body” means any body that licenses or regulates any profession;
“Local Medical Committee” means a committee recognised under section 45A of the Act ;
“local pharmaceutical services” has the same meaning as in regulation 2 of the National Health Service (Local Pharmaceutical Services and Pharmaceutical Services) Regulations 2002 ;
“medical card” means a card issued by a Primary Care Trust, Local Health Board, Health Authority, Health Board or Health and Social Services Board to a person for the purpose of enabling him to obtain, or establishing his title to receive, primary medical services;
“medical officer” means a medical practitioner who is —
employed or engaged by the Department for Work and Pensions, or
provided by an organisation in pursuance of an agreement entered into with the Secretary of State for Work and Pensions;
“medical performers list” means a list of medical practitioners prepared and published by a Primary Care Trust pursuant to regulation 3(1) of the National Health Service (Performers Lists) Regulations 2004 ;
“Medical Register” means the registers kept under section 2 of the Medical Act 1983 ;
“ NCAA ” means the National Clinical Assessment Authority established as a Special Health Authority under section 11 of the Act;
“national disqualification” means —
a decision made by the FHSAA under section 49N of the Act (national disqualification) ,
a decision under provisions in force in Scotland or Northern Ireland corresponding to section 49N of the Act, or
a decision by the NHS Tribunal which is treated as a national disqualification by the FHSAA by virtue of regulation 6(4)(b) of the Abolition of the Tribunal Regulations or regulation 6(4)(b) of the Abolition of the Tribunal (Wales) Regulations;
“NHS trust” in relation to Scotland means a NHS trust established under the National Health Service (Scotland) Act 1978;
“NHS contract” has the meaning assigned to it in section 4 of the 1990 Act;
“the NHS dispute resolution procedure” means the procedure for resolution of disputes specified —
in paragraphs 95 and 96 of Schedule 5, or
in a case to which paragraph 35 of Schedule 5 applies, in that paragraph;
“the NHS Tribunal” means the Tribunal constituted under section 46 of the Act for England and Wales, and which, except for prescribed cases, had effect in relation to England only until 14th December 2001 and in relation to Wales only until 26th August 2002 ;
“normal hours” means, except in Schedule 6, those days and hours on which and the times at which services under the agreement are normally made available and may be different for different services;
“Nursing and Midwifery Register” means the register maintained by the Nursing and Midwifery Council under the Nursing and Midwifery Order 2001 ;
“open”, in relation to a contractor’s list of patients, means open to applications from patients in accordance with paragraph 14 of Schedule 5;
“out of hours period” means —
the period beginning at 6.30pm on any day from Monday to Thursday and ending at 8am on the following day,
the period between 6.30pm on Friday and 8am on the following Monday, and
Good Friday, Christmas Day and bank holidays,
and “part” of an out of hours period means any part of any one or more of the periods described in paragraphs (a) to (c);
“out of hours services” means services required to be provided in all or part of the out of hours period which would be essential services if provided in core hours;
“parent” includes, in relation to any child, any adult who, in the opinion of the contractor, is for the time being discharging in respect of that child the obligations normally attaching to a parent in respect of his child;
“patient” means —
a registered patient,
a temporary resident,
persons to whom the contractor is required to provide immediately necessary treatment as part of its obligation to provide essential services, and
any other person to whom the contractor has agreed to provide services under the agreement;
“Patients' Forum” means a Patients' Forum established for a Primary Care Trust under section 15 of the National Health Service Reform and Health Care Professions Act 2002 ;
“Pharmaceutical Regulations” means the National Health Service (Pharmaceutical Services) Regulations 1992 ;
“the POM Order ” means the Prescription Only Medicines (Human Use) Order 1997 ;
“prescriber” means —
a medical practitioner,
an independent nurse prescriber, and
a supplementary prescriber,
who is either engaged or employed by the contractor or is a party to the agreement;
“prescription form” means a form provided by the Primary Care Trust and issued by a prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services and does not include a repeatable prescription;
“prescription only medicine” means a medicine referred to in article 3 of the POM Order (medicinal products on prescription only);
“primary care list” means —
a list of persons performing primary medical or dental services prepared in accordance with regulations made under section 28X of the Act (persons performing primary medical and dental services) ,
a list of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared in accordance with regulations made under sections 29 (arrangements and regulations for general medical services), 36 (arrangements for general dental services), 39 (regulations as to section 38), 42 (regulations as to pharmaceutical services) or 43 (persons authorised to provide pharmaceutical services) of the Act,
a list of persons approved for the purposes of assisting in the provision of any such services mentioned in paragraph (b) prepared in accordance with regulations made under section 43D of the Act (supplementary lists) ,
a services list referred to in section 8ZA of the National Health Service (Primary Care) Act 1997 (lists of persons who may perform personal medical services or personal dental services) ,
a list corresponding to a services list prepared by virtue of regulations made under section 41 of the Health and Social Care Act 2001 (corresponding provision and application of enactments) , or
a list corresponding to any of the above lists in Scotland or Northern Ireland;
“Primary Care Trust” means, except where the context otherwise requires, the Primary Care Trust which is a party, or prospective party, to an agreement;
“primary carer” means, in relation to an adult, the adult or organisation primarily caring for him;
“registered patient” means —
a person who is recorded by the Primary Care Trust pursuant to paragraph 13 of Schedule 5 as being on the contractor’s list of patients or its list of patients, or
a person whom the contractor has accepted for inclusion on its list of patients, whether or not, in the case of a contractor which is not a Primary Care Trust, notification of that acceptance has been received by the Primary Care Trust and who has not been notified by the Primary Care Trust as having ceased to be on that list;
“relevant body” means —
in a case where a contractor is a party to an agreement with a Primary Care Trust, that Primary Care Trust, and
in a case where a contractor is a party to an agreement with a Strategic Health Authority, that Strategic Health Authority;
“relevant register” means —
in relation to a nurse, the Nursing and Midwifery Register, and
in relation to a pharmacist, the register maintained in pursuance of section 2(1) of the Pharmacy Act 1954 (the registers and registration) or the register maintained in pursuance of articles 6 (the registers) and 9 (the registrar) of the Pharmacy (Northern Ireland) Order 1976 ;
“relevant Strategic Health Authority” means the Strategic Health Authority established for an area which includes the area for which the Primary Care Trust is established;
“repeat dispensing services” means pharmaceutical services or local pharmaceutical services which involve the provision of drugs, medicines or appliances by a chemist in accordance with a repeatable prescription;
“repeatable prescribing services” means services which involve the prescribing of drugs, medicines or appliances on a repeatable prescription;
“repeatable prescription” means a prescription contained in a form provided by a Primary Care Trust and issued by a prescriber to enable a person to obtain pharmaceutical services or local pharmaceutical services, which is in the format specified in Part 1 of Schedule 1 and which —
is generated by a computer but signed by a prescriber, and
indicates that the drugs, medicines or appliances ordered on that form may be provided more than once and specifies the number of occasions on which they may be provided;
“restricted availability appliance” means an appliance which is approved for particular categories of persons or particular purposes only;
“Scheduled drug” means —
a drug, medicine or other substance specified in any directions given by the Secretary of State under section 28U of the Act ( GMS contracts: prescription of drugs etc ) as being a drug, medicine or other substance which may not be ordered for patients in the provision of medical services under a general medical services contract, or
except where the conditions in paragraph 41(2) of Schedule 5 are satisfied, a drug, medicine or other substance which is specified in any directions given by the Secretary of State under section 28U of the Act as being a drug, medicine or other substance which can only be ordered for specified patients and specified purposes;
“Strategic Health Authority” means, except where the context otherwise requires, the Strategic Health Authority which is a party, or prospective party, to an agreement;
“supplementary prescriber” means a person —
who is either engaged or employed by the contractor or is a party to the agreement,
whose name is registered in —
the Nursing and Midwifery Register,
the Register of Pharmaceutical Chemists maintained in pursuance of section 2(1) of the Pharmacy Act 1954, or
the register maintained in pursuance of Articles 6 and 9 of the Pharmacy (Northern Ireland) Order 1976, and
against whose name is recorded in the relevant register an annotation signifying that he is qualified to order drugs, medicines and appliances as a supplementary prescriber;
“temporary resident” means a person accepted by the contractor as a temporary resident under paragraph 15 of Schedule 5 and for whom the contractor’s responsibility has not been terminated in accordance with that paragraph;
“walk-in centre” means a centre at which information and treatment for minor conditions is provided to the public under arrangements made by or on behalf of the Secretary of State;
“working day” means any day apart from Saturday, Sunday, Christmas Day, Good Friday or a bank holiday; and
“writing”, except in paragraph 98(1) of Schedule 5 and unless the context otherwise requires, includes electronic mail and “written” should be construed accordingly.
2
In these Regulations, the use of the term “it” in relation to a contractor shall be deemed to include a reference to a contractor which is an individual or two or more persons contracting together to provide services under an agreement and related expressions shall be construed accordingly.
PART 2
AGREEMENTS
Conditions: introductory
3
A relevant body may make an agreement only if the conditions set out in regulations 4 and 5 are met.
Conditions relating solely to medical practitioners
4
1
A relevant body may make an agreement with a medical practitioner (whether he falls within section 28D(1)(b) or another paragraph of section 28D(1)), only if he —
a
is a general medical practitioner; or
b
is employed by a Primary Care Trust, a Local Health Board, (in England and Wales and Scotland) an NHS Trust, an NHS foundation trust, (in Scotland) a Health Board or (in Northern Ireland) a Health and Social Services Trust.
2
A relevant body may make an agreement with a qualifying body only if any share or shares in the qualifying body are legally and beneficially owned by a medical practitioner who is —
a
a general medical practitioner; or
b
a medical practitioner who is employed by a Primary Care Trust, a Local Health Board, (in England and Wales and Scotland) an NHS Trust, an NHS foundation trust, (in Scotland) a Health Board or (in Northern Ireland) a Health and Social Services Trust.
3
In paragraph (1)(a) and (2)(a) “general medical practitioner” does not include —
a
from the coming into force of article 10 of the 2003 Order, a medical practitioner whose name is included in the General Practitioner Register by virtue of paragraph 1(d) of Schedule 6 to that Order; and
b
until the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, a medical practitioner who either —
i
has an acquired right to practise as a general medical practitioner pursuant to regulation 5(1)(d) of the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 , or
ii
upon the coming into force of paragraph 22 of Schedule 8 to the 2003 Order, is an eligible general practitioner pursuant to that paragraph by virtue of an acquired right under paragraph 1(d) of Schedule 6 to the 2003 Order.
General condition relating to all agreements
5
1
A relevant body may make an agreement with an individual falling within section 28D(1)(b) to (d) only if that individual does not fall within paragraph (3).
2
A relevant body may make an agreement with a qualifying body only if —
a
the qualifying body;
b
any person legally and beneficially owning a share in the qualifying body; and
c
any director or secretary of the qualifying body,
does not fall within paragraph (3).
3
A person falls within this paragraph if —
a
he or it (in the case of a qualifying body), is the subject of a national disqualification;
b
subject to paragraph (4), he or it is disqualified or suspended (other than by an interim suspension order or direction pending an investigation) from practising by any licensing body anywhere in the world;
c
within the period of five years prior to the signing of the agreement or commencement of the agreement, whichever is the earlier, he has been dismissed (otherwise than by reason of redundancy) from any employment by a health service body unless he has subsequently been employed by that health service body or another health service body and paragraph (5) applies to him or that dismissal was the subject of a finding of unfair dismissal by any competent tribunal or court;
d
within the period of five years prior to signing the agreement or commencement of the agreement, whichever is the earlier, he or it has been removed from, or refused admission to, a primary care list by reason of inefficiency, fraud or unsuitability (within the meaning of section 49F(2), (3) and (4) of the Act respectively ) unless his name has subsequently been included in such a list;
e
he has been convicted in the United Kingdom of murder;
f
he has been convicted in the United Kingdom of a criminal offence, committed on or after 1st April 2002, and has been sentenced to a term of imprisonment of over six months;
g
subject to paragraph (6) he has been convicted elsewhere of an offence —
i
which would, if committed in England and Wales, constitute murder,
ii
committed on or after 3rd November 2003 which would, if committed in England and Wales, constitute a criminal offence other than murder, and been sentenced to a term of imprisonment of over six months;
h
he has been convicted of an offence referred to in Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of the Act apply) or Schedule 1 to the Criminal Procedure (Scotland) Act 1995 (offences against children under the age of 17 years to which special provisions apply) committed on or after 1st April 2004;
i
he or it has —
i
been adjudged bankrupt or had sequestration of his estate awarded unless (in either case) he has been discharged or the bankruptcy order has been annulled,
ii
been made the subject of a bankruptcy restrictions order or an interim bankruptcy restrictions order under Schedule 4A to the Insolvency Act 1986 ,
iii
made a composition or arrangement with, or granted a trust deed for, his or its creditors unless he or it has been discharged in respect of it, or
iv
an administrator, administrative receiver or receiver appointed in respect of it;
j
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he by his conduct contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (powers of the Court of Session to deal with management of charities) , from being concerned in the management or control of any body; or
k
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order) .
4
A person shall not fall within paragraph (3)(b) where the relevant body is satisfied that the disqualification or suspension from practising is imposed by a licensing body outside the United Kingdom and it does not make the person unsuitable to be —
a
a party to an agreement; or
b
in the case of an agreement with a qualifying body —
i
a person legally and beneficially owning a share in the qualifying body, or
ii
a director or secretary of the qualifying body,
as the case may be.
5
Where a person has been employed as a member of a health care profession any subsequent employment must also be as a member of that profession.
6
A person shall not fall within paragraph (3)(g) where the relevant body is satisfied that the conviction does not make the person unsuitable to be —
a
a party to an agreement;
b
in the case of an agreement with a qualifying body —
i
a person legally and beneficially owning a share in the qualifying body, or
ii
a director or secretary of the qualifying body,
as the case may be.
Reasons
6
1
Where a relevant body is of the view that the conditions in regulation 4 or 5 for making an agreement are not met it shall notify in writing the person or persons intending to make the agreement of its view and the reasons for that view and of his, its or their right of appeal under regulation 7.
2
The relevant body shall also notify in writing of its view and the reasons for that view any person legally and beneficially owning a share in, or a director or secretary of, a qualifying body that is notified under paragraph (1) where its reason for the decision relates to that person or those persons.
Appeal
7
A person who has been served with a notice under regulation 6(1) may appeal to the FHSAA against the decision of the relevant body that the conditions in regulation 4 or 5 are not met by giving notice in writing to the FHSAA within the period of 28 days beginning on the day that the relevant body served its notice.
PART 3
PRE-AGREEMENT DISPUTE RESOLUTION
Pre-agreement disputes
8
1
Except where both parties to the prospective agreement are health service bodies (in which case section 4(4) of the 1990 Act applies), if, in the course of negotiations intending to lead to an agreement, the prospective parties to that agreement are unable to agree on a particular term of the agreement, either party may refer the dispute to the Secretary of State to consider and determine the matter.
2
Disputes referred to the Secretary of State in accordance with paragraph (1) or section 4(4) of the 1990 Act shall be considered and determined in accordance with the provisions of paragraphs 95(3) to (14) and 96(1) of Schedule 5, and paragraph (3) (where it applies) of this regulation.
3
In the case of a dispute referred to the Secretary of State under paragraph (1), the determination —
a
may specify terms to be included in the proposed agreement;
b
may require the relevant body to proceed with the proposed agreement, but may not require the proposed contractor to proceed with the proposed agreement; and
c
shall be binding upon the prospective parties to the agreement.
PART 4
HEALTH SERVICE BODY STATUS
Health service body status
9
1
A contractor shall be regarded as a health service body for the purposes of section 4 of the 1990 Act from the date that it makes an agreement unless —
a
in the case of an agreement with a single individual or qualifying body, that individual or body; or
b
in the case of any other agreement, any of the proposed parties to the agreement (other than the relevant body),
objects in a written notice served on the relevant body at any time prior to the agreement being made.
2
Where a contractor is to be regarded as a health service body for the purposes of section 4 of the 1990 Act pursuant to paragraph (1), any change in the parties comprising the contractor shall not affect the health service body status of the contractor.
3
If, pursuant to paragraph (1) or (4) a contractor is to be regarded as a health service body, that fact shall not affect the nature of, or any rights or liabilities arising under, any other agreement or contract with a health service body entered into by that contractor before the date on which the contractor is to be so regarded.
4
A contractor may at any time request a variation of the agreement to include provision or remove provision from the agreement that the agreement is an NHS contract, and if it does so —
a
the relevant body shall agree to the variation; and
b
the procedure in paragraph 98(1) of Schedule 5 shall apply.
5
If, pursuant to paragraph (4), the relevant body agrees to the variation of the agreement so as to remove provision from the agreement that the agreement is an NHS contract, the contractor shall, subject to paragraph (7), cease to be regarded as a health service body for the purposes of section 4 of the 1990 Act from the date that variation is to take effect.
6
If, pursuant to paragraph (4), the relevant body agrees to the variation of the agreement so as to include a provision in the agreement that the agreement is an NHS contract, the contractor shall be regarded as a health service body for the purposes of section 4 of the 1990 Act from the date that the variation takes effect.
7
Subject to paragraph (8), a party or parties who were to be regarded as a health service body pursuant to paragraph (1) or (4), as the case may be, shall cease to be a health service body for the purposes of section 4 of the 1990 Act if the agreement terminates.
8
Where a contractor ceases to be a health service body pursuant to —
a
paragraph (5) or (7), it shall continue to be regarded as a health service body for the purposes of being a party to any other NHS contracts entered into after it became a health service body but before the date on which it ceased to be a health service body (for which purpose it ceases to be such a body on the termination of that NHS contract);
b
paragraph (5), it shall, if it or the relevant body has referred any matter to the NHS dispute resolution procedure before it ceases to be a health service body, be bound by the determination of the adjudicator as if the dispute had been referred pursuant to paragraph 94 of Schedule 5; or
c
paragraph (7), it shall continue to be regarded as a health service body for the purposes of the NHS dispute resolution procedure where that procedure has been commenced —
i
before the termination of the agreement, or
ii
after the termination of the agreement, whether in connection with or arising out of the termination of the agreement or otherwise,
until the conclusion of that procedure.
PART 5
AGREEMENTS: REQUIRED TERMS
Health service contract
10
If the contractor is to be regarded as a health service body, the agreement must state that the agreement is an NHS contract.
Agreements: general
11
1
An agreement must specify —
a
the services to be provided;
b
subject to paragraph (2), the address of each of the premises to be used by the contractor or any sub-contractor for the provision of such services;
c
to whom such services are to be provided;
d
where the agreement requires the contractor to provide essential services, the area as respects which persons resident in it will, subject to any other terms of the agreement relating to patient registration, be entitled to —
i
register with the contractor, or
ii
seek acceptance by the contractor as a temporary resident; and
e
subject to paragraph (4), where the agreement requires the contractor to provide essential services, whether, at the date on which the agreement comes into force, the contractor’s list of patients is open or closed.
2
The premises referred to in paragraph (1)(b) do not include —
a
the homes of patients; or
b
any other premises where services are provided on an emergency basis.
3
Where, in accordance with paragraph (1)(e), the agreement specifies that the contractor’s list of patients is closed, it must also specify in relation to that closure each of the items listed in paragraph 28(8)(a) to (d) of Schedule 5.
4
Where the contractor is a Primary Care Trust, the agreement must specify that its list of patients is open.
Certificates
12
1
An agreement which requires the contractor to provide essential services must contain a term which has the effect of requiring the contractor to issue free of charge to a patient or his personal representatives any medical certificate of a description prescribed in column 1 of Schedule 2, which is reasonably required under or for the purposes of the enactments specified in relation to the certificate in column 2 of that Schedule, except where, for the condition to which the certificate relates, the patient —
a
is being attended by a medical practitioner who is not —
i
employed or engaged by the contractor,
ii
a party to the agreement, or
iii
a shareholder in a qualifying body which is a party to the agreement; or
b
is not being treated by or under the supervision of a health care professional.
2
The exception in paragraph (1)(a) shall not apply where the certificate is issued pursuant to regulation 2(1)(b) of the Social Security (Medical Evidence) Regulations 1976 (which provides for the issue of a certificate in the form of a special statement by a doctor on the basis of a written report made by another doctor) .
Finance
13
1
Subject to paragraph (2), the agreement must contain a term which has the effect of requiring the relevant body to make payments to the contractor under the agreement promptly and in accordance with both the terms of the agreement and any other terms based on which the payment is made and any other conditions relating to the payment contained in directions given by the Secretary of State under section 17 (Secretary of State’s directions: exercise of functions) or 28E(3A) of the Act .
2
The obligation referred to in paragraph (1) is subject to any right the relevant body may have to set off against any amount payable to the contractor under the agreement any amount —
a
that is owed by the contractor to the relevant body under the agreement; or
b
that the relevant body may withhold from the contractor in accordance with the terms of the agreement or any other applicable provisions contained in directions given by the Secretary of State under section 17 or 28E(3A).
14
The agreement must contain a term to the effect that where, pursuant to directions under section 17 or 28E(3A), a relevant body is required to make a payment to a contractor under an agreement but subject to conditions, those conditions are to be a term of the agreement.
Fees and charges
15
1
The agreement must contain terms relating to fees and charges which have the same effect as those set out in paragraphs (2) to (4).
2
The contractor shall not, either itself or through any other person, demand or accept from any patient of its a fee or other remuneration, for its own or another’s benefit, for —
a
the provision of any treatment whether under the agreement or otherwise; or
b
any prescription or repeatable prescription for any drug or appliance,
except in the circumstances set out in Schedule 3.
3
Where a person applies to a contractor for the provision of services and claims to be entitled to be treated by the contractor without paying a fee or other remuneration, and the contractor has reasonable doubts about that person’s claim, the contractor shall give any necessary treatment and shall be entitled to demand and accept a reasonable fee accordingly in accordance with paragraph (e) of Schedule 3, subject to the provision for repayment contained in paragraph (4).
4
Where a person from whom a contractor received a fee under paragraph (e) of Schedule 3 applies to the relevant body for a refund within 14 days of payment of the fee (or such longer period not exceeding a month as the relevant body may allow if it is satisfied that the failure to apply within 14 days was reasonable) and the relevant body is satisfied that the person was entitled to be treated by the contractor without paying a fee or other remuneration when the treatment was given, the relevant body may recover the amount of the fee from the contractor, by set off or otherwise, and shall pay that amount to the person who paid the fee.
Opt outs of out of hours services
16
1
Where —
a
an agreement which is made before 1st October 2004 with a contractor (other than a Primary Care Trust) requires the contractor to provide out of hours services pursuant to regulation 20; and
b
the contractor has contracted to provide out of hours services only to patients which it is required to provide essential services to under the agreement,
the agreement must contain terms relating to the procedure for opting out of those services which have the same effect as those specified in paragraphs 1 to 3 of Schedule 4 except paragraph 1(15) to (17) and paragraph 2(17) in so far as that sub-paragraph relates to paragraph 1(15) to (17).
2
Where —
a
an agreement which is made on or after 1st October 2004 with a contractor (other than a Primary Care Trust) requires the contractor to provide out of hours services pursuant to regulation 20; and
b
the contractor has contracted to provide out of hours services only to patients which it is required to provide essential services to under the agreement,
the agreement must contain terms relating to the procedure for opting out of those services which have the same effect as those specified in paragraphs 1 and 3 of Schedule 4 except paragraph 1(15) to (17) of that Schedule.
3
Paragraph 1(15) to (17) and paragraph 2(17) in so far as that sub-paragraph relates to paragraph 1(15) to (17) of Schedule 4 shall have effect in relation to the matters set out in those paragraphs.
Consequences of termination
17
An agreement shall make suitable provision for arrangements on termination of an agreement, including the consequences (whether financial or otherwise) of the agreement ending, subject to any specific requirements in these Regulations.
Other contractual terms
18
1
An agreement must, unless it is of a type or nature to which the particular term does not apply, contain other terms which have, or make provision having, the same effect as those specified in Schedule 5 except paragraphs 30(6) to (8), 34(5) to (9), 35(5) to (17), 95(5) to (14) and 96.
2
Paragraphs 30(6) to (8), 34(5) to (9), 35(5) to (17), 95(5) to (14) and 96 shall have effect in relation to the matters set out in those paragraphs.
PART 6
RIGHT TO A GENERAL MEDICAL SERVICES CONTRACT
Right to a general medical services contract
19
1
A contractor which is providing essential services and which wishes a general medical services contract to be entered into pursuant to this regulation shall notify the relevant body in writing at least three months before the date on which it wishes the general medical services contract to be entered into.
2
A notice under paragraph (1) shall —
a
state that the contractor wishes to terminate the agreement and the date on which the contractor wishes the agreement to terminate which must be at least three months after the date of service of the notice;
b
subject to paragraph (3), give the name or names of the person or persons whom the contractor wishes the relevant body to enter into a general medical services contract with; and
c
confirm that the person or persons so named meet the conditions set out in section 28S of the Act (persons eligible to enter into GMS contracts) and regulations 4 and 5 of the General Medical Services Contracts Regulations or, where the contractor is not able so to confirm, the reason why it is not able to do so and confirmation that the person or persons immediately prior to entering into the general medical services contract will meet those conditions.
3
A person’s name may only be given in a notice referred to in paragraph (1) if that person is a party to the agreement.
4
The relevant body shall acknowledge receipt of the notice served under paragraph (1) within the period of 7 days beginning on the day that it received the notice.
5
Provided that the conditions set out in section 28S of the Act and regulations 4 and 5 of the General Medical Services Contracts Regulations are met, the relevant body shall enter into a general medical services contract with the person or persons named in the notice served under paragraph (1).
6
In addition to the terms required by the Act and the General Medical Services Contracts Regulations, a general medical services contract entered into pursuant to this regulation shall provide for —
a
the general medical services contract to commence immediately after the termination of the agreement;
b
the names of the patients included in the contractor’s list of patients immediately before the termination of the agreement to be included in the first list of patients to be prepared and maintained by the Primary Care Trust pursuant to paragraph 14 of Schedule 6 to the General Medical Services Contracts Regulations;
c
the same services to be provided under the general medical services contract as were provided under the agreement immediately before it was terminated unless the parties otherwise agree; and
d
the opt out of out of hours services referred to in paragraph (7) in accordance with the terms specified in Schedule 3 to the General Medical Services Contracts Regulations.
7
The out of hours services are the services which the contractor was providing under the agreement pursuant to regulation 20 immediately before its termination and which the general medical services contract continues to require the contractor to provide.
8
An agreement shall terminate on the date stated in the notice given by the contractor under paragraph (1) unless a different date is agreed by the contractor and the relevant body or no general medical services contract is entered into by the relevant body pursuant to this regulation.
9
Where there is a dispute as to whether or not a person satisfies the conditions set out in section 28S of the Act or regulation 4 or 5 of the General Medical Services Contracts Regulations, the contractor may appeal to the FHSAA and the relevant body shall be the respondent.
10
Any other dispute relating to this regulation shall be determined by the Secretary of State in accordance with regulation 9(2) and (3) of the General Medical Services Contracts Regulations.
11
The parties to a dispute referred to the Secretary of State in accordance with paragraph (10) shall be the contractor and the relevant body.
PART 7
TRANSITIONAL PROVISIONS
Out of hours services
20
Subject to paragraph 8 of Schedule 5, an agreement under which essential services are to be provided before 1st January 2005 (whether or not such services will be provided after that date) must provide for out of hours services to be provided throughout the out of hours period unless —
a
the relevant body has accepted in writing, prior to the signing of the agreement, a written request from the contractor that the agreement should not require the contractor to make such provision;
b
the contractor has opted out of providing such services in the out of hours period in accordance with paragraph 1 or 2 of Schedule 4; or
c
the agreement has been otherwise varied to exclude a requirement to make such provision.
21
An agreement which includes the provision of out of hours services pursuant to regulation 20 must contain terms which have the same effect as those specified in Schedule 6.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
8th March 2004


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Bishop Ridley Church of England V A Primary School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Bishop Ridley Church of England V A Primary School, Northumberland Avenue, Welling, Kent, DA16 2QE, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Church of England.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
20th September 2004


text:
Citation, commencement and effect
1
This Order may be cited as the Finance Act 2000, Schedule 20 (Definition of Small or Medium-Sized Enterprise) Order 2004, shall come into force on 1st January 2005 and has effect in relation to accounting periods ending on or after that date.
Substitution of definition of small or medium-sized enterprise
2
1
In paragraph 2(1) of Schedule 20 to the Finance Act 2000 (definition of “small or medium-sized enterprise for the purpose of tax relief for expenditure on research and development) for the words following ““small or medium-sized enterprise” means” substitute —
a micro, small or medium-sized enterprise as defined in Commission Recommendation 2003/361/ EC of 6th May 2003 (“the Recommendation”, references to the Annex being references to the Annex to the Recommendation), subject to the following qualifications.
Qualification 1
If a company (“C”) is a micro, small or medium-sized enterprise, disregarding any partner enterprise or linked enterprise, and, taken alone, it would satisfy the employee limit and at least one of the financial limits, but —
a
the number of employees, annual turnover or annual balance sheet total (as the case may be) of a partner enterprise or linked enterprise to which it is related has been taken into account in determining whether the employee limit or the financial limits have been exceeded, and
b
a partner enterprise or linked enterprise to which C is related would, disregarding the number of employees, and the annual turnover and annual balance sheet totals of C, exceed the employee limit, or either of the financial limits,
Article 4(2) of the Annex shall be disregarded in determining whether C is a small or medium-sized enterprise for an accounting period in which it exceeds the employee or financial limits.
Here references to the employee limit and the financial limits are to the limits respectively on the number of employees, and the annual turnover and balance sheet totals, contained in Article 2(1) of the Annex.
Qualification 2
In relation to the first accounting period of an enterprise which ends on or after 1st January 2005, for the purpose of determining whether the enterprise is a small or medium-sized enterprise (see Article 4(2) of the Annex), the Recommendation shall be treated as applying to the immediately preceding accounting period.
.
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Title, extent and commencement
1
1
These Regulations may be cited as the Olive Oil (Marketing Standards) (Amendment) Regulations 2004 and shall extend to Great Britain.
2
These Regulations shall come into force for the purposes of paragraphs (b) and (c) of regulation 2 on 1 st November 2005 and for all other purposes on 1 st November 2004.
Amendment of the Olive Oil (Marketing Standards) Regulations 2003
2
The Olive Oil (Marketing Standards) Regulations 2003 shall be amended as follows —
a
in regulation 2(1) —
i
in the definition of “Regulation 136/66”, for the words “Council Regulation (EC) No. 1513/2001 ” substitute the words “Regulation 865/2004”;
ii
in the definition of “Regulation 2568/91”, for the words “Commission Regulation (EC) No. 796/2002 ” substitute the words “Commission Regulation (EC) No. 1989/2003 ”;
iii
in the definition of “Regulation 1019/2002”, for the words “Commission Regulation (EC) No. 1176/2003 ” substitute the words “Commission Regulation (EC) No. 1750/2004 ”;
iv
after the definition of “Regulation 1019/2002”, insert the following definition ““Regulation 865/2004” means Council Regulation (EC) No. 865/2004 on the common organisation of the market in olive oil and table olives and amending Regulation ( EEC ) No 827/68 ”;
b
in regulation 4(1)(a), for the words “Article 35.1 of Regulation 136/66” substitute the words “Article 4.1 of Regulation 865/2004”;
c
in regulation 4(1)(b), for the words “Article 35.2 of Regulation 136/66” substitute the words “Article 4.2 of Regulation 865/2004”;
d
in regulation 6(2), for the words “1 st November 2004” substitute the words “1 st July 2006”;
e
in regulation 8, for the words “the statutory minimum” substitute the words “level 5 on the standard scale”.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
12th October 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Advocacy Services and Representations Procedure (Children) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Children Act 1989;
“advocacy services” means assistance provided under arrangements made by a local authority under section 26A(1) of the Act;
“advocate” means a person who provides assistance under arrangements made by a local authority under section 26A(1) of the Act;
“complainant” means a person making representations under section 24D of the Act or a child making representations under section 26 of the Act;
“the Representations Regulations ” means the Representations Procedure (Children) Regulations 1991 .
Persons who may not provide assistance
3
A person may not provide assistance under the arrangements made by a local authority under section 26A(1) of the Act to persons who make or intend to make representations under section 24D of the Act or to a child who makes or intends to make representations under section 26 of the Act if —
a
he is or may be the subject of the representations;
b
he is responsible for the management of a person who is or may be the subject of the representations;
c
he manages the service which is or may be the subject of the representations;
d
he has control over the resources allocated to the service which is or may be the subject of the representations; or
e
he is or may become involved in the consideration of the representations on behalf of the local authority.
Information to be provided to a complainant etc.
4
1
Where a local authority receive representations from a complainant they must —
a
provide him with information about advocacy services; and
b
offer him help in obtaining an advocate.
2
Where a local authority become aware that a person or child intends to make representations under section 24D or, as the case may be, section 26(3) they must —
a
provide the person or child with information about advocacy services; and
b
offer him help in obtaining an advocate.
Monitoring of compliance with the Regulations
5
A local authority must monitor the steps that they have taken with a view to ensuring that they comply with these Regulations in particular by keeping a record about each advocate appointed under arrangements made by the local authority under section 26A(1) of the Act.
Amendment of the Representations Regulations
6
1
The Representations Regulations shall be amended as follows.
2
In regulation 2(1) (interpretation) after the definition of “representations” insert ““section 26A advocate” means a person who is appointed to provide assistance to the complainant under arrangements made by a local authority under section 26A(1) of the Act.”.
3
In regulation 4 (preliminaries) —
a
in paragraph (2) after the word “complainant” insert “and any section 26A advocate”;
b
in paragraph (2A) after the word “complainant” insert “and any section 26A advocate”.
4
In regulation 7 (withdrawal of representations) after the word “them” insert “or any section 26A advocate acting on his behalf”.
5
In regulation 8 (notification to complainant and reference to panel) —
a
in paragraph (1)(a) after the word “complainant” insert “and any section 26A advocate”;
b
in paragraph (2) after the word “complainant” insert “, or any section 26A advocate on his behalf”;
c
in paragraph (5)(a) after the word “complainant” insert “(or any section 26A advocate on his behalf)”; and
d
in paragraph (6) after the word “meeting” in the second place where it occurs insert “by any section 26A advocate or” and after the word “nominate” insert “the section 26A advocate or”.
6
In regulation 9(2)(b) (recommendations) after the word “complainant” insert “and any section 26A advocate”.
Transitional provisions
7
1
Where at the time that these Regulations come into force a complainant has made representations to the local authority and the procedure for considering the representations has not come to an end, then, subject to the provisions of paragraph (2), the local authority must provide the complainant with the information and assistance which the local authority are required to provide under regulation 4.
2
For the purpose of paragraph (1) the procedure for considering the representations is to be treated as being at an end once the panel have met to consider the representations in accordance with regulation 8 of the Representations Regulations even if they have not made their recommendation in accordance with regulation 9 of the Representations Regulations.
Stephen Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
11th March 2004


text:
1
This Order may be cited as the A7 Trunk Road (Carlisle City Boundary to The Scottish Border) (De-Trunking) Order 2005 and shall come into force on 1st April 2005.
2
In this Order —
i
“the plan” means the plan numbered HA10/OD/333 and marked “The A7 Trunk Road (Carlisle City Boundary to The Scottish Border) (De-Trunking) Order 2005 signed by the Secretary of State for Transport, and deposited at ODPM Records Management Branch, Ashdown House, St. Leonards-on-Sea, Hastings, East Sussex TN37 7GA.
ii
“principal road” as a classification for a highway, means that the highway is a principle road for the purposes of enactments and instruments which refer to highways classified as principle roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road” means the A7 Trunk Road (A7) between Carlisle City Boundary and the border with Scotland.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which this Order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director Highways Agency
15th December 2004


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Social Security (Income-Related Benefits Self-Employment Route Amendment) Regulations 2004 and shall come into force on 4th May 2004.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Common amendments
2
In regulation 2(1) of each of the Council Tax Benefit Regulations, the Housing Benefit Regulations and the Income Support Regulations and in regulation 1(3) of the Jobseeker’s Allowance Regulations (interpretation) for the definition of “self-employment route” there shall be substituted —
“self-employment route” means assistance in pursuing self-employed earner’s employment whilst participating in —
an employment zone programme; or
a programme provided or other arrangements made pursuant to section 2 of the Employment and Training Act 1973 (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 (functions in relation to training for employment etc. );
.
Other amendment of the Income Support Regulations
3
In the Income Support Regulations in regulation 6(1) (persons not treated as engaged in remunerative work) after sub-paragraph (d) there shall be inserted as sub-paragraph (dd) —
dd
he is receiving assistance under the self-employment route;
.
Other amendment of the Jobseeker’s Allowance Regulations
4
In the Jobseeker’s Allowance Regulations in paragraph (bb) of regulation 53 (persons treated as not engaged in remunerative work) for the words after “receiving assistance” there shall be substituted “under the self-employment route”.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
30th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Rochdale (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Rochdale;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Rochdale (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Rochdale Borough Council.
Wards of the borough of Rochdale
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Rochdale
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Rochdale Borough Council shall make a print of the map marked “Map referred to in the Borough of Rochdale (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Rochdale (Electoral Arrangements) Order 1979 is revoked, save for article 8.
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation and commencement
1
1
This Order may be cited as the Taxation of Benefits under Government Pilot Schemes (Working Neighbourhoods Pilot and In Work Credit) Order 2004.
2
This Order shall come into force on 6th April 2004.
Interpretation
2
In this Order —
“benefit” has the meaning given by subsection (6) of section 151 of the Finance Act 1996;
“Government pilot scheme” has the meaning given by subsections (3) and (4) of section 151 of the Finance Act 1996;
“In-Work Credit” and “Working Neighbourhoods Pilot” mean benefits under the Government pilot schemes known by those names.
Exemptions from income tax
3
The Income Tax Acts shall have effect in relation to any amount of payment by way of In-Work Credit or by way of the Working Neighbourhoods Pilot, as if that amount were wholly exempt from income tax and accordingly to be disregarded in computing the amount of any receipts brought into account for income tax purposes.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the Excise Duties (Surcharges or Rebates) (Bioethanol) Order 2004.
2
It comes into force on 1st January 2005 and has effect in relation to bioethanol that is charged with bioethanol duty on or after that date.
Interpretation
2
In this Order —
a
“the Oil Act ” means the Hydrocarbon Oil Duties Act 1979 ;
b
“bioethanol” has the same meaning as in section 2AB of the Oil Act ;
c
“bioethanol duty” means the duty charged on bioethanol by section 6AD(1) of the Oil Act .
Adjustment of liability to bioethanol duty
3
The liability to bioethanol duty is adjusted by the deduction from the amount payable of 4.98 per cent.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 2004


text:
Citation, commencement
1
These Regulations may be cited as the Working Tax Credit (Entitlement and Maximum Rate) (Amendment) Regulations 2004 and shall come into force on 1st June 2004.
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
2
1
Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (eligible child care charges for the purposes of working tax credit) shall be amended as follows.
2
In paragraph (2) —
a
in sub-paragraph (a) —
i
in head (iii) for the words “between his eighth birthday and” substitute “on or before”
ii
at the end of head (iii) omit “or”;
iii
at the end of head (iv) add “or”; and
iv
after head (iv) insert the following head —
v
by a foster parent under the Fostering Services Regulations 2002 or the Fostering Services (Wales) Regulations 2003 in relation to a child other than one whom he is fostering;
;
b
in sub-paragraph (b) —
i
at the end of head (i) omit “or”;
ii
at the end of head (ii) add “or”; and
iii
after head (ii) insert the following head —
iii
by a foster carer under the Fostering of Children (Scotland) Regulations 1996 in relation to a child other than one whom he is fostering;
; and
c
in sub-paragraph (c) —
i
after head (i) omit “or”; and
ii
after head (ii) insert the following heads —
iii
in respect of any period ending on or before the day on which he ceases to be a child for the purposes of this regulation, where the care is provided out of school hours by a school on school premises or by an Education and Library Board or a Health and Social Services Trust; or
iv
by a foster parent under the Foster Placement (Children) Regulations (Northern Ireland) 1996 in relation to a child other than one whom he is fostering; or
.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
6th May 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Norfolk Mental Health Care National Health Service Trust (Change of Name) (Establishment) Amendment Order 2004 and shall come into force on 5th July 2004.
2
In this Order —
a
“ the Order ” means the Norfolk Mental Health Care National Health Service Trust (Establishment) Order 1993 ;
b
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provision
2
1
The trust shall be called the Norfolk and Waveney Mental Health Partnership National Health Service Trust instead of the Norfolk Mental Health Care National Health Service Trust, and accordingly in article 1(2) of the Order in the definition of “the trust”, and in article 2 of the Order, for “Norfolk Mental Health Care” there shall be substituted “Norfolk and Waveney Mental Health Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
3
1
In article 3(1) of the Order (nature and functions of the trust) “(a)” shall be deleted.
2
Article 3(2) of the Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
24th June 2004


text:
Citation, commencement and duration
1
1
These Regulations may be cited as the Employment Zones (Allocation to Contractors) Pilot Regulations 2004 and shall come into force on 26th April 2004.
2
These Regulations shall cease to have effect on 25th April 2005 unless revoked with effect from an earlier date.
Interpretation
2
In these Regulations, except where the context otherwise requires —
“the 1999 Act ” means the Welfare Reform and Pensions Act 1999 ;
“claimant” means a claimant for a jobseeker’s allowance ;
“employment officer” means an officer of the Secretary of State or such other person as may be designated for the purposes of sections 8 and 19 of the Jobseekers Act 1995 by an order made by the Secretary of State;
“employment zone” means an area within Great Britain subject to a designation for the purposes of these Regulations signed by authority of the Secretary of State on or before the date on which these Regulations are made pursuant to section 60 of the 1999 Act as an area wherein an employment zone programme subject to these Regulations is established and which is available for inspection at the offices of the Secretary of State for Work and Pensions ;
“employment zone contractor” means a person who is providing an employment zone programme on behalf of the Secretary of State;
“employment zone programme” means a scheme which is designed to assist claimants for a jobseeker’s allowance to obtain sustainable employment and which is established by the Secretary of State pursuant to section 60 of the 1999 Act for an employment zone.
Referral to an employment zone programme
3
1
An employment officer may, on a sampling basis, select a claimant who is aged 25 years or over and ordinarily resident within an employment zone to participate in an employment zone programme with a particular employment zone contractor if, in the period immediately preceding the date on which the selection is made, the claimant —
a
was entitled to a jobseeker’s allowance for a continuous period of at least 18 months; or
b
was entitled to a jobseeker’s allowance for a cumulative total of at least 18 months out of the previous 21 months; or
c
had participated in an employment zone programme pursuant to the Employment Zones Regulations 2000 , the Employment Zones Regulations 2003 or these Regulations in the previous twelve months but did not complete the programme.
2
An employment officer may, on a sampling basis, select a claimant who is aged 18 years or over but less than 25 years who has participated in a programme of training known as New Deal for Young People and is ordinarily resident within an employment zone to participate in an employment zone programme with a particular employment zone contractor if, in the period immediately preceding the date on which the selection is made, the claimant —
a
was entitled to a jobseeker’s allowance for a continuous period of at least six months;
b
was entitled to a jobseeker’s allowance for a cumulative period of at least six months provided that any breaks in that period of entitlement do not exceed a period of 28 days in total; or
c
had participated in an employment zone programme pursuant to the Employment Zones Regulations 2003 or these Regulations in the previous twelve months but did not complete the programme.
3
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
Early entry to an employment zone programme
4
1
An employment officer may, on a sampling basis, select a claimant to participate in an employment zone programme with a particular employment zone contractor provided that the claimant has asked to participate in an employment zone programme and —
a
his personal circumstances place him at a significant disadvantage in obtaining employment; and
b
he is ordinarily resident within an employment zone or his address for payment of his jobseeker’s allowance is located within an employment zone.
2
The employment officer shall notify the claimant in writing that he is required to participate in the employment zone programme provided by that employment zone contractor.
Stages of an employment zone programme
5
1
An employment zone programme shall consist of two stages —
a
the first stage shall last for a maximum period of four weeks;
b
the second stage shall last for a maximum period of 26 weeks.
2
A claimant begins to participate in the first stage of an employment zone programme on the day when he attends an initial interview with an employment officer who is an employment zone programme adviser following a written notification of his selection for participation given under regulation 3 or 4.
3
Subject to paragraph (1)(a), the claimant shall cease to participate in the first stage on the day specified by an employment officer in a written notification to the claimant.
4
A claimant begins to participate in the second stage of an employment zone programme on the day specified by an employment officer in a written notification to the claimant.
5
Subject to paragraph (1)(b), the claimant shall cease to participate in the second stage on the day specified by an employment officer in a written notification to the claimant.
Suspension of the requirements of the Jobseekers Act 1995
6
1
During the claimant’s participation in the first stage of an employment zone programme the condition for receipt of a jobseeker’s allowance specified in section 1(2)(b) of the Jobseekers Act 1995 that the claimant has entered into a jobseeker’s agreement which remains in force is suspended.
2
During the claimant’s participation in the second stage of an employment zone programme the conditions for receipt of a jobseeker’s allowance specified in section 1(2) of the Jobseekers Act 1995 shall apply with the suspension of the conditions in section 1(2)(a) to (c) of that Act that the claimant —
a
is available for employment;
b
has entered into a jobseeker’s agreement which remains in force; and
c
is actively seeking employment.
Amendment of the Jobseeker’s Allowance Regulations 1996
7
1
In the case of a person who is selected on a sampling basis to participate in an employment zone programme with a particular employment zone contractor under regulation 3 or 4, regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 shall apply with the addition of the words “or the Employment Zones (Allocation to Contractors) Pilot Regulations 2004” after the words “the Employment Zones Regulations 2003”.
2
Where a person to whom paragraph (1) would otherwise apply informs the Secretary of State of a change of address that results in that person no longer being ordinarily resident within an employment zone or, in the case of a person to whom regulation 4 applies, his address for payment of his jobseeker’s allowance is no longer within an employment zone, then —
a
any sanction incurred by that person under sections 19 or 20A of the Jobseekers Act 1995 as a result of his refusing or failing to participate in, or giving up a place on an employment zone programme as specified in regulation 75(1)(a)(iii) of the Jobseeker’s Allowance Regulations 1996 as amended by paragraph (1) shall end and, subject to sub-paragraph (b), these Regulations shall cease to apply to that person; and
b
where that person asks to complete an employment zone programme in which he is participating, these Regulations, other than paragraph (1) of this regulation, shall continue to apply.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
29th March 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Maidstone and Tunbridge Wells National Health Service Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the Maidstone and Tunbridge Wells National Health Service Trust;
“the new Trust” means the Maidstone Weald Primary Care Trust;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 26th January 2004 and on behalf of the new Trust on 16th January 2004.
Transfer of trust property
2
1
On the date that this Order comes into force the trust property and any rights and liabilities arising from that property shall be transferred from the old Trust to the new Trust.
2
In any instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
25th February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Authorities (Establishment and Abolition) (England) Amendment Order 2004 and shall come into force on 9th February 2004.
2
In this Order —
“the Establishment and Abolition Order ” means the Health Authorities (Establishment and Abolition) (England) Order 2002 ; and
“the Strategic Health Authority ” means the Coventry, Warwickshire, Herefordshire and Worcestershire Strategic Health Authority established by the Establishment and Abolition Order.
Change of name of the Strategic Health Authority
2
The Strategic Health Authority shall be called the West Midlands South Strategic Health Authority instead of the Coventry, Warwickshire, Herefordshire and Worcestershire Strategic Health Authority, and accordingly in column 1 of Schedule 1 of the Establishment and Abolition Order (new Authorities and their Areas) the name “Coventry, Warwickshire, Herefordshire and Worcestershire Strategic Health Authority” shall be replaced by the name “West Midlands South Strategic Health Authority”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under-Secretary of State,
Department of Health
10th January 2004


text:
Citation, commencement and extent
1
1
This Order may be cited as the European Parliamentary Elections (Local Returning Officers' Charges) (Great Britain and Gibraltar) Order 2004 and shall come into force on the day after the day on which it is made.
2
This Order extends to England, Wales, Scotland and Gibraltar.
Interpretation
2
In this Order —
“election” means a European Parliamentary election;
“local counting area” has the meaning given in regulation 2(1) of the 2004 Regulations (including, in the case of the European Parliamentary general election in 2004, as modified for England and Wales by regulation 7(4) of the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 );
“register of electors” has the meaning given in regulation 2(1) of the 2004 Regulations; and
“the 2004 Regulations” means the European Parliamentary Elections Regulations 2004.
Revocation
3
The European Parliamentary Elections (Local Returning Officers' Charges) Order 1999 is hereby revoked.
Services and expenses in respect of which a local returning officer at a European Parliamentary election in Great Britain and in Gibraltar may recover his charges
4
1
For the purposes of sub-paragraph (a) of regulation 15(1) of the 2004 Regulations (which provides that a local returning officer is entitled to recover his charges in respect of services properly rendered or expenses properly incurred for or in connection with a European Parliamentary election if the services or expenses are of a kind specified in an order made under that provision and the charges are reasonable) —
a
services of the kind described in paragraphs 1(1) and 2(1) of Part A of the Schedule to this Order; and
b
expenses of a kind described in paragraphs 1(1), 2(1) and 3(1) of Part B of the Schedule to this Order and expenses of a kind described in Part C of the Schedule to this Order,
are hereby specified.
2
The maximum recoverable amounts at an uncontested election are hereby specified as —
a
£439.67 in respect of the services specified in Part A of the Schedule; and
b
£1088.30 in respect of the expenses specified in Part B of the Schedule.
Signed on behalf of the Secretary of State for Constitutional Affairs
Christopher Leslie
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Date 3 May 2004
We consent to this Order.
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
Date 6 May 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Nursing and Midwifery Order 2001 (Legal Assessors) Order of Council 2004 and shall come into force on 1st August 2004.
2
In this Order —
“ the Order ” means the Nursing and Midwifery Order 2001;
“Committee”, except in the title of a Committee, means one of the Committees mentioned in article 2 of this Order; and
“hearing” does not include —
any preliminary meeting held by a Committee pursuant to rule 18 of the Nursing and Midwifery Council (Fitness to Practise) Rules 2004 (preliminary meetings); or
any private meeting of a Committee.
Hearings at which legal assessors' advice is to be given in the presence of the parties or their representatives
2
At a hearing before —
a
the Investigating Committee which relates to —
i
an allegation under article 22(1)(b) of the Order or any matter which is treated as such an allegation in accordance with article 22(6) of the Order, or
ii
whether to make, revoke, confirm, vary or replace an interim order under article 31 of the Order;
b
the Health Committee under Part V of the Order;
c
the Conduct and Competence Committee under Part V of the Order; or
d
the Council under article 37 of the Order,
any advice tendered by a legal assessor to the Council or a Committee shall, subject to article 3, be given in the presence of every party, or person representing a party, in attendance at the hearing.
Exceptions to article 2
3
Where the Council or a Committee —
a
has begun to deliberate on its decision; and
b
considers that it would be prejudicial to the discharge of its functions for the advice to be tendered in the presence of the parties or their representatives,
the advice may be given in the absence of the parties or their representatives.
Procedure to be followed where advice is given in the absence of the parties or their representatives
4
Where advice is given in the absence of the parties or their representatives in accordance with article 3, the legal assessor shall —
a
as soon as practicable after completion of the deliberations inform each of the parties (or their representatives) in attendance at the hearing of the advice he gave, together with any question which led to that advice; and
b
subsequently record those matters in writing and give a copy to those parties or their representatives.
Copies of written advice for parties not present at a hearing
5
Copies of written advice, made for the purposes of article 4 shall be available, on application, to every party to the proceedings who does not attend, and is not represented at, the hearing before the Council or the Committee.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Amendment Regulations 2004 and shall come into force on 21st December 2004.
2
In these Regulations “the Minimum Funding Requirement Regulations ” means the Occupational Pension Schemes (Minimum Funding Requirement and Actuarial Valuations) Regulations 1996 .
Amendment of regulation 2 of the Minimum Funding Requirement Regulations
2
In regulation 2(1) of the Minimum Funding Requirement Regulations (interpretation) for the definition of “transitional period” substitute —
“transitional period” means the period beginning on the commencement date and ending on —
for the purposes of regulation 6(2) (excluded assets), 31st December 2004; and
for all other purposes, 5th April 2006.
.
Amendment of Schedule 1 to the Minimum Funding Requirement Regulations
3
In Part I of Schedule 1 to the Minimum Funding Requirement Regulations (minimum funding valuation statements – the actuary’s statement) for paragraph 6 substitute —
6
References to section 73(3) in paragraph 5 above and in paragraph 2 of the actuary’s statement as set out in Part II are references to that section as modified —
a
where that section has effect in relation to the scheme on the effective date; or
b
where sub-paragraph (a) does not apply in relation to a scheme, as if that scheme had commenced winding up on the effective date,
and the actuary may modify the description of liabilities in paragraph 2 of that statement accordingly.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
17th November 2004


text:
Citation and commencement
1
1
This Order may be cited as the Pensions Increase (Review) Order 2004 and shall come into force on 12th April 2004.
2
This Order and the existing Orders may be cited together as the Pensions Increase (Review) Orders 1972 to 2004.
Interpretation
2
1
In this Order —
“the 1971 Act ” means the Pensions (Increase) Act 1971 ;
“the 1974 Act ” means the Pensions (Increase) Act 1974 ;
“the 1975 Act ” means the Social Security Pensions Act 1975;
“basic rate” and “derivative pension” have the meanings given by section 17(1) of the 1971 Act ;
“the existing Orders” means the Pensions Increase (Annual Review) Order 1972 , the Pensions Increase (Annual Review) Order 1973 , the Pensions Increase (Annual Review) Order 1974 , the Pensions Increase (Annual Review) Order 1975 , the Pensions Increase (Annual Review) Order 1976 , the Pensions Increase (Annual Review) Order 1977 , the Pensions Increase (Annual Review) Order 1978 , the Pensions Increase (Review) Order 1979 , the Pensions Increase (Review) Order 1980 , the Pensions Increase (Review) Order 1981 , the Pensions Increase (Review) Order 1982 , the Pensions Increase (Review) Order 1983 , the Pensions Increase (Review) Order 1984 , the Pensions Increase (Review) Order 1985 , the Pensions Increase (Review) Order 1986 , the Pensions Increase (Review) Order 1987 , the Pensions Increase (Review) Order 1988 , the Pensions Increase (Review) Order 1989 , the Pensions Increase (Review) Order 1990 , the Pensions Increase (Review) Order 1991 , the Pensions Increase (Review) Order 1992 , the Pensions Increase (Review) Order 1993 , the Pensions Increase (Review) Order 1994 , the Pensions Increase (Review) Order 1995 , the Pensions Increase (Review) Order 1996 , the Pensions Increase (Review) Order 1997 , the Pensions Increase (Review) Order 1998 , the Pensions Increase (Review) Order 1999 , the Pensions Increase (Review) Order 2000 , the Pensions Increase (Review) Order 2001 , the Pensions Increase (Review) Order 2002 , and the Pensions Increase (Review) Order 2003 ;
“official pension” has the meaning given by section 5(1) of the 1971 Act ;
“pension authority” has the meaning given by section 7(1) of the 1971 Act;
“qualifying condition” means one of the conditions laid down in section 3 of the 1971 Act ;
“relevant injury pension”, “substituted pension” and “widow’s pension” have the meanings given by section 17(1) of the 1971 Act.
2
For the purposes of this Order the time when a pension “begins” is that stated in section 8(2) of the 1971 Act , and the “beginning date” shall be construed accordingly.
3
Where, for the purposes of this Order, it is necessary to calculate the number of complete months in any period an incomplete month shall be treated as a complete month if it consists of at least 16 days.
Pension increases
3
The annual rate of an official pension may, if a qualifying condition is satisfied or the pension is a derivative or substituted pension or a relevant injury pension, be increased by the pension authority in respect of any period on or after 12th April 2004 as follows —
1
a pension beginning before 7th April 2003 may be increased by 2.8 per cent of the basic rate as increased by the amount of any increase under section 1 of the 1971 Act or the existing Orders;
2
a pension beginning on or after 7th April 2003 and before 12th April 2004 may be increased by 2.8 per cent multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date of the pension and 12th April 2004, and
b
B is 12.
Increases in certain lump sums
4
In respect of any lump sum or instalment of a lump sum which became payable before 12th April 2004 but on or after 7th April 2003 there may be paid an increase of 2.8 per cent of the amount of the lump sum or instalment (as increased by the amount under section 1 of the 1971 Act or under the existing Orders) multiplied by
A B
where
a
A is the number of complete months in the period between the beginning date for the lump sum or, if later, 7th April 2003 and the date on which it became payable; and
b
B is 12.
Reductions in respect of guaranteed minimum pensions
5
The amount by reference to which any increase in the rate of an official pension provided for by this Order is to be calculated shall, in the case of a person —
a
who is entitled to a guaranteed minimum pension on 12th April 2004, and
b
whose entitlement to that guaranteed minimum pension arises from an employment from which (either directly or by virtue of the payment of a transfer credit) entitlement to the official pension also arises,
be reduced by an amount equal to the rate of the guaranteed minimum pension unless the Treasury otherwise direct, in accordance with the provisions of section 59A of the 1975 Act.
6
The amount by reference to which any increase in the rate of a widow’s or widower’s pension provided for by this Order is to be calculated shall, where the pensioner becomes entitled on the death of the deceased spouse to a guaranteed minimum pension, be reduced in accordance with section 59(5ZA) of the 1975 Act.
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 2004