text:
Citation, commencement and extent
1
1
These Regulations may be cited as the European Qualifications (Health and Social Care Professions and Accession of New Member States) Regulations 2004.
2
These Regulations shall come into force on 18th August 2004.
3
The extent of any amendment made by these Regulations is the same as that of the enactment amended.
NURSES AND MIDWIVES
The Nursing and Midwifery Order 2001
2
1
The Nursing and Midwifery Order 2001 is amended in accordance with this regulation.
2
In Schedule 4 to the Nursing and Midwifery Order 2001 (interpretation) —
a
in the definition of —
i
“EEA Agreement”, insert at the end “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003”,
ii
“Midwifery Directive”, for “and the Swiss Agreement” substitute “, the Swiss Agreement and the Act of Accession 2003”, and
iii
“Nursing Directive”, for “and the Swiss Agreement” substitute “, the Swiss Agreement and the Act of Accession 2003”;
b
insert the following definition at the appropriate place —
“the Act of Accession 2003” means the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;
.
DOCTORS
The Medical Act 1983
3
1
The Medical Act 1983 is amended in accordance with this regulation.
2
In section 3 (registration by virtue of primary United Kingdom or primary European qualifications), in subsection (3), in the definition of “the EEA Agreement”, for “and 84/2002 of 25th June 2002”, substitute “, 84/2002 of 25th June 2002 and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ”.
3
In section 4 (qualifying examinations and primary United Kingdom qualifications), omit subsection (5).
4
In section 5 (general functions of the Education Committee in relation to medical education in the United Kingdom), in subsection (4), in the definition of “Directive 93/16/EEC ” —
a
in sub-paragraph (b)(ii), omit “and” in the last place it appears; and
b
after sub-paragraph (b)(iii), insert —
iv
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;
.
5
In section 17 (primary qualifications obtained in other EEA States) —
a
in subsection (1), after paragraph (d), insert —
e
subject to compliance with subsection (4A) below, a qualification which —
i
is evidence of training commenced before the date specified in column (a) of the table in that subsection and undertaken on the territory specified in the corresponding entry in column (b) of that table, or
ii
was awarded by the state or former state specified in column (b) of the table in that subsection before the date specified in the corresponding entry in column (a).
;
b
after subsection (4), insert —
4A
For compliance with this subsection in the case of any qualification —
a
it must be such that the Registrar is satisfied with respect to it (by means of a certificate from the medical authorities of the EEA State specified in the appropriate row of column (c) of the table below) that that qualification has, on its territory, the same legal validity as regards access to and practice of the medical profession as the qualification listed in relation to that State in Schedule 2 to this Act; and
b
evidence of it must be accompanied by a certificate from those authorities stating that the holder has effectively and lawfully been engaged in the activity in question on the territory of that State for at least 3 consecutive years during the 5 years preceding the date of issue of that certificate.
Column (a) Column (b) Column (c)
1st January 1993 Former Czechoslovakia Czech Republic 1st January 1993 Former Czechoslovakia Slovakia 20th August 1991 Former Soviet Union Estonia 21st August 1991 Former Soviet Union Latvia 11th March 1990 Former Soviet Union Lithuania 25th June 1991 Yugoslavia Slovenia
c
in subsection (5), for “(4)”, substitute “(4A)”; and
d
in subsection (6) —
i
omit “and” at the end of paragraph (da), and
ii
after paragraph (da), insert —
db
in the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 1st May 2004;
.
6
In the table in Schedule 2 (primary European Qualifications) —
DOCTORS — SPECIALISTS AND GENERAL MEDICAL PRACTITIONERS
Performance of functions under Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
4
The Postgraduate Medical Education and Training Board shall, in performing its functions under Part 1 of Schedule 8 to the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 , apply the provisions of the —
a
Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 as if they had effect as modified by virtue of regulation 6;
b
National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 as if they had effect as modified by virtue of regulation 7;
c
National Health Service (Vocational Training for General Medical Practice) Regulations 1997 as if they had effect as modified by virtue of regulation 8; and
d
European Specialist Medical Qualifications Order 1995 as if they had effect as modified by virtue of regulation 9.
General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003
5
1
The General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 is amended in accordance with this regulation.
2
In article 8 (award and withdrawal of a Certificate of Completion of Training), in paragraph (6), omit from “and where more than one year” to the end of that paragraph.
3
In article 11 (general practitioners eligible for entry in the General Practitioner Register), in paragraph (1) —
a
in sub-paragraph (a), after the words “vocational training certificate” insert “listed in Schedule 6A, together with the corresponding professional title”; and
b
after sub-paragraph (a), insert —
aa
he is a person falling within sub-paragraph (a)(i) or (ii), and —
i
he holds a vocational training certificate awarded by a Member State that is not listed in Schedule 6A, and
ii
that certificate is accompanied by a certificate of the competent authorities of that State to the effect that the qualification was awarded following training in accordance with the relevant provisions of Title IV of the Directive (which contains the minimum standards of training for the award of a vocational training certificate in general medical practice) and is treated by that State as if it were a qualification set out under the heading relating to the State in Schedule 6A;
.
4
In article 15 (recognised specialist qualifications) —
a
in paragraph (1), after sub-paragraph (f), insert —
g
a specialist qualification in a specialty listed in Part 1 of Schedule 3 which —
i
was awarded by, or which relates to training started in, the territory specified in column (a) of the table below before the date specified in the corresponding entry in column (b) of that table,
ii
is accompanied by an attestation by the competent authorities of the EEA State specified in the corresponding entry in column (c) in that table to the effect that that qualification has, on its territory, the same legal validity as regards access to and practice of specialised medicine as a qualification awarded in that specialty in that State and listed in Schedule 7 in respect of that State, and
iii
is accompanied by a certificate from those authorities that the holder has effectively and lawfully been engaged in the activity in question in that State for at least three consecutive years during the five years prior to the date of issue of that certificate.
Column (a) Column (b) Column (c)
Former Czechoslovakia 1st January 1993 Czech Republic Former Czechoslovakia 1st January 1993 Slovakia Former Soviet Union 20th August 1991 Estonia Former Soviet Union 21st August 1991 Latvia Former Soviet Union 11th March 1990 Lithuania Yugoslavia 25th June 1991 Slovenia
b
in paragraph (2), at the end of sub-paragraph (e), omit “or” and between sub-paragraphs (e) and (f), insert —
ee
1st May 2004, in the case of a qualification granted in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; or
.
5
In Schedule 1 (interpretation) —
a
in the definition of “the Directive” —
i
at the end of sub-paragraph (ii), delete “and”,
ii
in sub-paragraph (iii), for “1999;”, substitute “1999, and”, and
iii
after sub-paragraph (iii), insert —
iv
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003 ;
;
b
in the definition of “EEA Agreement”, for the words “and 84/2002” to the end, substitute “, 84/2002 of 25th June 2002 and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ”; and
c
insert the following definition in the appropriate place —
“national”, in relation to an EEA State, has the same meaning as it does for the purposes of the Community Treaties but does not include a person who by virtue of Article 2 of Protocol No. 3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;
.
6
In the tables in Schedule 3 (specialties in which the UK awards a CCT, and any minimum training periods) —
a
for the words “Accident and emergency medicine”, substitute “Emergency medicine ( also known as accident and emergency medicine )”;
b
in the entry relating to “Neurosurgery”, for “ formally ”, substitute “ also ”;
c
in the entries relating to “Cardio-thoracic surgery”, “Infectious diseases”, “Public health medicine”, “Clinical oncology” and “Genito-urinary medicine”, for “ formerly ”, substitute “ also ”;
d
in the entry for “Trauma and orthopaedic surgery”, for “ formally ”, substitute “ also known as orthopaedics, and formerly ”;
e
in the entry for “Chemical pathology”, after “ known as ”, insert “ biological chemistry and as ”;
f
in the entry for “Child and adolescent psychiatry”, insert at the end “( also known as child psychiatry )”;
g
in the entry for “Clinical pharmacology and therapeutics”, insert at the end “( also known as pharmacology )”;
h
in the entry for “Clinical radiology”, for “( formerly known as diagnostic radiology, and as radiology )”, substitute “( also known as diagnostic radiology and formerly known as radiology )”;
i
in the entry for “Medical microbiology and virology”, after “(” insert “ also known as microbiology-bacteriology, and ”;
j
in the entry for “Histopathology”, after “(” insert “ also known as pathological anatomy, and ”;
k
in the entry for “Oral and maxillo-facial surgery”, insert at the end “( also known as dental, oral and maxillo-facial surgery (basic medical and dental training)) ”;
l
in the entry for “General psychiatry”, for “ formerly ” substitute “ also ”;
m
in the entry for “Renal medicine” for “( formerly ” to the end of that entry, substitute “( also known as renal disease, and formerly known as nephrology )”;
n
in the entry for “Endocrinology and diabetes mellitus”, at the end insert “( also known as endocrinology )”;
o
in the entry for “Haematology”, at the end insert “( also known as general haematology )”; and
p
in the entry for “Otolaryngology”, after “ known as ”, insert “ oto rhino laryngology, and as ”.
7
After Schedule 6 (acquired rights of general practitioners in the United Kingdom), insert —
SCHEDULE 6A
QUALIFICATIONS IN GENERAL MEDICAL PRACTICE AWARDED IN EEA STATES OTHER THAN THE UNITED KINGDOM
Article 11(1)
8
In the table in Schedule 7 (specialist qualifications awarded in EEA States other than the United Kingdom) —
a
in the entry for —
9
In Schedule 8 (transitional, transitory and saving provisions) —
a
in paragraph 5 —
i
for sub-paragraph (b), substitute —
b
the time limit specified in regulation 12(8A) of each of those Regulations shall apply in accordance with that provision, and the period of three months specified in that provision shall begin with the date on which the JCPTGP or, as the case may be, the Board received the application together with full supporting documentation; and
, and
ii
in sub-paragraph (c), for “12A”, substitute “12(8A)”;
b
in paragraph 6, omit the words “12A(3) or”;
c
in paragraph 9(2), for sub-paragraph (b) to the end of paragraph 9, substitute —
b
within the time limit specified in article 8A(3) of the ESMQO 1995, where applicable, the time period beginning with the date on which the GMC received the application for inclusion in the old specialist register together with full supporting documentation,
and where there is a right of appeal against the GMC’s decision to refuse such an application pursuant to article 8A(6), any appeal brought pursuant to that provision shall be dealt with in accordance with article 8A(6), and if that appeal is successful, the applicant’s name shall be included in the Specialist Register.
; and
d
in paragraph 12, omit the words “(decisions in respect of persons exercising a community right)”.
Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998
6
1
Until their repeal by virtue of article 31(5) of, and Part 2 of Schedule 10 to, the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, the Medical Practitioners (Vocational Training) Regulations (Northern Ireland) 1998 are to have effect as if they were amended in accordance with this regulation.
2
In regulation 2 (interpretation), in the definition of —
a
“EEA Agreement”, for “and 84/2002” substitute “, 84/2002” and insert at the end “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ”; and
b
“Medical Directive”, omit “and” at the end of sub-paragraph (c), insert “and” at the end of sub-paragraph (d) and insert after sub-paragraph (d) —
e
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003 ;
.
The National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998
7
1
Until their repeal by virtue of article 31(5) of, and Part 2 of Schedule 10 to, the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, the National Health Service (Vocational Training for General Medical Practice) (Scotland) Regulations 1998 are to have effect as if they were amended in accordance with this regulation.
2
In regulation 2 (interpretation), in the definition of —
a
“EEA Agreement”, for “and 84/2002” substitute “, 84/2002” and insert at the end “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003”; and
b
“Medical Directive” —
i
omit “and” at the end of sub-paragraph (c),
ii
insert “and” at the end of sub-paragraph (d), and
iii
insert after sub-paragraph (d) —
e
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;
.
The National Health Service (Vocational Training for General Medical Practice) Regulations 1997
8
1
Until their repeal by virtue of article 31(5) of, and Part 2 of Schedule 10 to, the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, the National Health Service (Vocational Training for General Medical Practice) Regulations 1997 are to have effect as if they were amended in accordance with this regulation.
2
In regulation 2 (interpretation), in the definition of —
a
“EEA Agreement”, for “and 84/2002” substitute “, 84/2002” and insert at the end “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003”; and
b
“Medical Directive” —
i
omit “and” at the end of sub-paragraph (c),
ii
insert “and” at the end of sub-paragraph (d), and
iii
insert after sub-paragraph (d) —
e
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;
.
The European Specialist Medical Qualifications Order 1995
9
1
Until its repeal by virtue of article 31(5) of, and Part 2 of Schedule 10 to, the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, the European Specialist Medical Qualifications Order 1995 is to have effect as if it were amended in accordance with this regulation.
2
In article 2 (interpretation) —
a
in the definition of “the Directive”, in sub-paragraph (b) —
i
at the end of sub-paragraph (ii), for “, and”, substitute “;”,
ii
in sub-paragraph (iii), for “1999.”, substitute “1999 , and”, and
iii
after sub-paragraph (iii), insert —
iv
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;
;
b
in the definition of “EEA Agreement”, for the words “and 84/2002”, substitute “, 84/2002” and at the end insert “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ”; and
c
insert the following definition in the appropriate place —
“national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties but does not include a person who by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services;
.
3
In article 6 (certificates of completion of specialist training), in paragraph (5), omit from “and where more than one year” to the end of that paragraph.
4
In article 8A(1) , sub-paragraphs (a) and (b), for “paragraph (3)” in both places where it occurs, substitute “article 8(3)”.
5
In article 10 (recognised specialist medical qualifications) —
a
after paragraph (1)(e), insert —
f
a specialist qualification in a specialty listed in Part I of Schedule 2 which —
i
was awarded by, or which relates to training started in, the territory specified in column (a) of the table below before the date specified in the corresponding entry in column (b),
ii
is accompanied by an attestation by the competent authorities of the EEA State specified in the corresponding entry in column (c) to the effect that that qualification has, on its territory, the same legal validity as regards access to and practice of specialised medicine as a qualification listed in Schedule 4 of this Order in respect of that State in the relevant specialty, and
iii
is accompanied by a certificate issued by those authorities that the holder has effectively and lawfully been engaged in the activity in question in that State for at least three consecutive years during the five years prior to the date of issue of that certificate.
Column (a) Column (b) Column (c)
Former Czechoslovakia 1st January 1993 Czech Republic Former Czechoslovakia 1st January 1993 Slovakia Former Soviet Union 20th August 1991 Estonia Former Soviet Union 21st August 1991 Latvia Former Soviet Union 11th March 1990 Lithuania Yugoslavia 25th June 1991 Slovenia
b
in paragraph (3) —
i
omit “or” at the end of sub-paragraph (da), and
ii
after sub-paragraph (da) insert —
db
1st May 2004, in the case of a qualification granted in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; and
.
6
In the table in Schedule 4 (specialist qualifications awarded in EEA States other than the United Kingdom) —
a
in the entry for —
The Vocational Training for General Medical Practice (European Requirements) Regulations 1994
10
1
Until their repeal by virtue of article 31(5) of, and Part 2 of Schedule 10 to, the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003, the Vocational Training for General Medical Practice (European Requirements) Regulations 1994 are to have effect as if they were amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
in the definition of “EEA agreement” —
i
for “90/1999” substitute “190/1999”,
ii
for “and” in the last place it appears, substitute “,”, and
iii
insert at the end “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ”;
b
in the definition of “Medical Directive” —
i
omit “and” at the end of sub-paragraph (c),
ii
insert “and” at the end of sub-paragraph (d), and
iii
insert after sub-paragraph (d) —
e
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;
;
c
insert the following definition in the appropriate place —
“Swiss Agreement” means the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the free movement of persons, signed at Luxembourg on 21st June 1999;
.
DENTISTS
The Dentists Act 1984
11
1
The Dentists Act 1984 is amended in accordance with this regulation.
2
In section 15 (qualification for registration in the dentists register), in subsection (7), in the definition of “EEA Agreement”, at the end, insert “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003”.
3
In Schedule 2 (European dental qualifications) —
a
in paragraph 1(1), in the definition of —
i
“Community Council Directive No 78/686/EEC ”, for “and the Swiss Agreement”, substitute “, the Swiss Agreement and the Act of Accession 2003;”,
ii
“the Dental Training Directive”, for “and Directive 2001/19/EC ”, substitute “, Directive 2001/19/EC and the Act of Accession 2003”, and
iii
“the implementation date”, omit “and” at the end of sub-paragraph (da) and after sub-paragraph (da), insert —
db
in the case of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia, 1st May 2004;
;
b
in paragraph 1(2), after the definition of “the Swiss Agreement” insert —
“the Act of Accession 2003” means the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003.
;
c
after paragraph 7, add —
8
1
A diploma in dentistry which —
a
is evidence of training that commenced before the date specified in column (a) of the table below in the territory specified in the corresponding entry in column (b) of that table; or
b
was awarded by the state (or former state) specified in column (b) of that table before the date specified in the corresponding entry in column (a) of that table,
is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar the certificates specified in sub-paragraph (2).
2
The certificates specified for the purposes of sub-paragraph (1) are —
a
a certificate of the competent authority of the EEA State specified in the corresponding entry in column (c) of the table stating that he has effectively and lawfully practised dentistry in that EEA State for at least three consecutive years during the five years preceding the date of issue of the certificate; and
b
a certificate from the competent authority of that EEA State stating that that diploma has, on its territory, the same legal validity as regards access to and practice of the dental profession as the scheduled European diploma specified in relation to that State.
Column (a) Column (b) Column (c)
20th August 1991 Former Soviet Union Estonia 21st August 1991 Former Soviet Union Latvia 11th March 1990 Former Soviet Union Lithuania 25th June 1991 Yugoslavia Slovenia
9
A diploma in medicine awarded in the Czech Republic or in the former Czechoslovakia which is evidence of university medical training commenced before 1st May 2004 is an appropriate European Diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of the competent authority of the Czech Republic certifying that he —
a
has —
i
effectively, lawfully and principally been engaged, in the Czech Republic, in the activities specified in Article 5 of the Dental Training Directive for at least three consecutive years during the five years preceding the date of issue of that certificate, or
ii
successfully completed three years of study which are equivalent to the training referred to in Article 1 of the Dental Training Directive; and
b
is authorised to practise the activities referred to in sub-paragraph (a)(i) under the same conditions as holders of the scheduled European diploma specified in relation to the Czech Republic.
10
A diploma in medicine awarded in Slovakia or in the former Czechoslovakia which is evidence of university medical training commenced before 1st May 2004 is an appropriate European diploma for the purposes of section 15(1)(b) of this Act if the holder produces to the registrar a certificate of the competent authority of Slovakia certifying that he —
a
has —
i
effectively, lawfully and principally been engaged, in Slovakia, in the activities specified in Article 5 of the Dental Training Directive for at least three consecutive years during the five years preceding the date of issue of that certificate, or
ii
successfully completed three years of study which are equivalent to the training referred to in Article 1 of the Dental Training Directive; and
b
is authorised to practise the activities referred to in sub-paragraph (a)(i) under the same conditions as holders of the scheduled European diploma specified in relation to Slovakia.
; and
d
in Part II (Scheduled European Diplomas), insert in the table in the appropriate alphabetical position —
The European Primary and Specialist Dental Qualifications Regulations 1998
12
1
The European Primary and Specialist Dental Qualifications Regulations 1998 shall be amended in accordance with this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1), in the definition of —
i
“EEA agreement”, insert at the end “and by the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic signed at Luxembourg on 14th October 2003 ”,
ii
“the Dental Training Directive”, for “and Directive 2001/19/EC ” substitute “, Directive 2001/19/EC and the Act of Accession 2003;”, and
iii
“the Recognition Directive”, for “and the Swiss Agreement”, substitute “, the Swiss Agreement and the Act of Accession 2003;”; and
b
in paragraph (3) —
i
after sub-paragraph (d) insert —
e
“the Act of Accession 2003” means the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003.
, and
ii
insert the following definition in the appropriate alphabetical position —
“national”, in relation to an EEA State, means the same as it does for the purposes of the Community Treaties but does not include a person who by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services
.
3
In regulation 6 (certificates of completion of specialist training), omit paragraph (7).
4
In regulation 10 (recognised specialist dental qualifications) —
a
in paragraph (1), after sub-paragraph (d) insert —
e
a qualification in orthodontics or (as the case may be) oral surgery which —
i
was awarded by, or which relates to training started in, the territory specified in column (a) of the table below before the date specified in the corresponding entry in column (b), and
ii
is accompanied by —
aa
an attestation by the competent authorities of the EEA State specified in the corresponding entry in column (c) to the effect that the qualification has, on its territory, the same legal validity as the qualifications listed in respect of that State in Schedule 1 to this Order as regards the access to and practice of orthodontics or (as the case may be) oral surgery, and
bb
a certificate from the competent authorities of that State which states that the holder has effectively and lawfully practised orthodontics or (as the case may be) oral surgery in that State for at least three consecutive years during the five years prior to the date of issue of that certificate.
Column (a) Column (b) Column (c)
Former Soviet Union 20th August 1991 Estonia Former Soviet Union 21st August 1991 Latvia Former Soviet Union 11th March 1990 Lithuania Yugoslavia 25th June 1991 Slovenia
b
in paragraph (3) —
i
after sub-paragraph (ca), insert —
cb
1st May 2004, in the case of a qualification granted in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia or Slovakia; or
; and
ii
omit “or” after sub-paragraph (ca).
5
In Schedule 1 (specialist dental qualifications awarded in EEA States other than the United Kingdom in orthodontics and oral surgery) —
a
in Part I (orthodontics) —
i
in the entry for Belgium —
aa
in column 2, for “ — ”, substitute “Bijzondere beroepstitel van tandarts specialist in de orthodontie/Titre professionnel particulier de dentiste spécialiste en orthodontie”; and
bb
in column 3, for “ — ”, substitute “Minister bevoegd voor Volksgezondheit/Ministre de la Santé publique”,
PHARMACISTS
Pharmacy Act 1954
13
1
The Pharmacy Act 1954 is amended in accordance with this regulation.
2
In section 4A (qualification by appropriate European diploma for registration) —
a
in subsection (2) —
i
after paragraph (b), insert —
ba
any diploma in pharmacy which is not so specified but was awarded by, or which is evidence of training started in, the territory specified in column (b) of the table below before the date specified in the corresponding entry in column (a);
Column (a) Column (b) Column (c)
1st January 1993 Former Czechoslovakia Czech Republic 1st January 1993 Former Czechoslovakia Slovakia 20th August 1991 Former Soviet Union Estonia 21st August 1991 Former Soviet Union Latvia 11th March 1990 Former Soviet Union Lithuania 25th June 1991 Yugoslavia Slovenia
ii
in paragraph (d), for “(b) or (c)”, substitute “(b), (ba) or (c)”;
b
after subsection (3) insert —
3ZA
A diploma such as is mentioned in subsection (2)(ba) of this section is not an appropriate European diploma for the purposes of this section unless it is accompanied by —
a
a certificate from the competent authorities of the EEA State specified in the appropriate row of column (c) of the table in subsection (2)(ba) that that diploma has, on its territory, the same legal validity as regards access to and the practice of pharmacy as the diploma specified in Schedule 1A to this Act in respect of that EEA State; and
b
a certificate from those competent authorities stating that the holder of that diploma has effectively and lawfully been engaged in the practice of pharmacy in its territory for at least three consecutive years during the five years preceding the date of that certificate.
;
c
in subsection (4) —
i
after “(3),”, insert “(3ZA),”, and
ii
in paragraph (b), after paragraph (i), insert —
ia
paragraph (a) or (b) of subsection (3ZA),
.
3
In section 24 (interpretation) —
a
omit the definition of “EEA Agreement”;
b
for the definition of “EEA State”, substitute —
“EEA State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
; and
c
in the definition of “the Pharmacists Recognition Directive” —
i
at the end of paragraph (c), omit “and”;
ii
at the end of paragraph (d), insert “and”; and
iii
after paragraph (d), insert —
e
the Act annexed to the Treaty relating to the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the Adjustments to the Treaties on which the European Union is founded signed at Athens on 16th April 2003;
.
4
In Schedule 1A (qualifying European diplomas) —
a
in the table, after the third column, insert a column headed “Certificate accompanying qualification”; and
b
in the appropriate alphabetical position insert —
OSTEOPATHS
The General Osteopathic Council (Registration) Rules Order of Council 1998
14
1
The Schedule to the General Osteopathic Council (Registration) Rules Order of Council 1998 is amended in accordance with this regulation.
2
In rule 3 (the form of the register), in paragraph (4) —
a
for sub-paragraph (b), substitute —
b
“European Economic Area State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
; and
b
omit sub-paragraph (c).
The General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000
15
1
The Schedule to the General Osteopathic Council (Application for Registration and Fees) Rules Order of Council 2000 is amended in accordance with this regulation.
2
In rule 2 (interpretation), in paragraph (1) —
a
for the definition of “European Economic Area State”, substitute —
“European Economic Area State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
; and
b
omit the definition of “European Economic Area Agreement”.
CHIROPRACTORS
The General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999
16
1
The Schedule to the General Chiropractic Council (Registration During Transitional Period) Rules Order of Council 1999 is amended in accordance with this regulation.
2
In rule 9 (fees), in paragraph (3) —
a
for sub-paragraph (a), substitute —
a
“European Economic Area State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
; and
b
omit sub-paragraph (b).
The General Chiropractic Council (Registration) Rules Order of Council 1999
17
1
The Schedule to the General Chiropractic Council (Registration) Rules Order of Council 1999 is amended in accordance with this regulation.
2
In Schedule 2 to the Rules (fees), in paragraph 6 —
a
for sub-paragraph (a), substitute —
a
“European Economic Area State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
; and
b
omit sub-paragraph (b).
The General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules Order of Council 2002
18
1
The Schedule to the General Chiropractic Council (Registration of Chiropractors with Foreign Qualifications) Rules Order of Council 2002 is amended in accordance with this regulation.
2
In rule 9 (application and interpretation of Part III), in paragraph (2) —
a
for the definition of “EEA State”, substitute —
“EEA State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
;
b
insert in the appropriate alphabetical position —
“relevant EEA State” means the applicant’s EEA State of origin, the EEA State from which the applicant comes or the EEA State in which the applicant formerly qualified or practised;
; and
c
omit the definitions of “Member State” and “relevant Member State”.
3
In rule 10(4) (applications), 11(1)(a) and (b)(i) (evidence of good character) and 12(1) (evidence as to health), for the words “Member State”, substitute “EEA State”.
HEALTH PROFESSIONS
The Health Professions Order 2001
19
1
The Health Professions Order 2001 is amended in accordance with this regulation.
2
In Schedule 3 (interpretation) —
a
omit the definition of “EEA Agreement”; and
b
for the definition of “EEA State”, substitute —
“EEA State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
.
SOCIAL WORKERS
The Care Standards Act 2000
20
1
The Care Standards Act 2000 is amended in accordance with this regulation.
2
In section 64 (qualifications gained outside a Council’s area), in subsection (5) —
a
for the definition of “EEA State”, substitute —
“EEA State” means a member State, Norway, Liechtenstein, Iceland or Switzerland;
;
b
omit the definition of “EEA Agreement”; and
c
in the definition of “national”, after “Treaties”, insert “but does not include a person who by virtue of Article 2 of Protocol No.3 (Channel Islands and Isle of Man) to the Treaty of Accession is not to benefit from Community provisions relating to the free movement of persons and services”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
21st July 2004


type: legislation

jurisdiction: UK

text:
1
These Regulations may be cited as the Immigration Employment Document (Fees) (Amendment) Regulations 2004 and shall come into force on 1st May 2004.
2
1
The Immigration Employment Document (Fees) Regulations 2003 shall be amended as follows.
2
In regulation 3, the definition of “excepted country” shall be deleted.
3
For regulation 5, there shall be substituted:
Exception
5
An application need not be accompanied by a fee if it is made in respect of a person who is a national of a state which has ratified the Council Of Europe Social Charter (signed in Turin on 18th October 1961) or the Council of Europe Revised Social Charter (signed in Strasbourg on 3rd May 1996) .
.
4
In regulation 6, for “5(a)”, there shall be substituted “5”.
5
The Schedule is hereby revoked.
Des Browne
Minister of State
Home Office
2nd April 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Fire Services (Appointments and Promotion) (England and Wales) Regulations 2004 and shall come into force on 25th March 2004.
2
These Regulations extend to England and Wales.
Interpretation
2
In these regulations —
“appointment” includes appointment on promotion;
“brigade” means a fire brigade maintained in England or Wales under the Fire Services Act 1947;
“ IPDS ” means the Integrated Personal Development System as described in Fire Service Circular 9/2002 published on 29th July 2002;
“National Occupational Standards” means those levels of knowledge, skills and understanding specified for the roles by the Emergency Fire Services Vocational Council and published in August 2001 and April 2003;
“Permanent appointment” means an appointment for more than twelve months; and
“Role” means a rank listed in Schedule 1.
Appointment to roles
3
These regulations prescribe the qualifications for appointment to any of the roles listed in Schedule 1.
Qualification for appointment
4
Subject to regulation 7, a person is not eligible for permanent appointment to any role in a brigade unless, at the time of his appointment, he has satisfied the general requirements set out in regulation 5 and the specific requirements for that role set out in regulation 6.
5
Those general requirements are that
a
he is of good character;
b
he has attained the age of 18 years;
c
either —
i
he has attained such qualifications in educational or vocational subjects as the fire authority maintaining the brigade may require, being such qualifications as necessitate a reasonable standard of proficiency in communication and numeracy and such other subjects, if any, as the authority may require; or
ii
the fire authority is satisfied that he is of such educational standard that it is unnecessary for him to attain any such qualification; and
d
a medical practitioner selected by the fire authority is satisfied that his general state of health and fitness is satisfactory to carry out the duties of the role.
6
Those specific requirements are that he has demonstrated to the satisfaction of the authority by whom the brigade is maintained that he meets the National Occupational Standards specified for the role in question or, in the case of a person on his first appointment to a role in a brigade, is likely to meet those standards following initial training and development within IPDS.
7
Regulation 4 does not apply to the appointment of a person who, at the time when it is decided to appoint him to a role, is serving in that role as a member of another brigade.
Revocation
8
The Regulations listed in Schedule 2 are hereby revoked.
Signed by authority of the Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
25th February 2004


text:
Title, application and commencement
1
These Regulations may be cited as the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2004, shall apply in relation to England only and shall come into force on 13 th September 2004.
Amendment of the Feeding Stuffs (Sampling and Analysis) Regulations 1999
2
1
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall be amended, insofar as they apply in relation to England, in accordance with paragraph (2).
2
For paragraph (3)(b)(ii) of regulation 6 (application of methods of analysis) there shall be substituted the following provision —
ii
the procedure set out in Commission Directive 2003/126/EC on the analytical method for the determination of constituents of animal origin for the official control of feedingstuffs shall be used.
.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
12th August 2004


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Joint Municipal Waste Management Strategies (Disapplication of Duties) (England) Regulations 2004 and come into force on 1st January 2005.
2
These Regulations apply to England.
Disapplication of duties
2
A duty under section 32(1) to (7) of the Waste and Emissions Trading Act 2003 shall not apply to —
a
a waste disposal authority or a waste collection authority to which the Secretary of State has given notice in writing that it has been categorised as excellent in an order made under section 99(4) of the Local Government Act 2003 (categorisation of English local authorities by reference to performance);
b
a waste disposal authority to which the Secretary of State has given notice in writing that it has–
i
met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order under section 4(1) of the Local Government Act 1999 (performance indicators and standards); and
ii
from 1st April 2006, complied in the preceding financial year with the duty not to exceed the landfill allowances imposed on it by section 9(1) of the Waste and Emissions Trading Act 2003;
c
a waste collection authority to which the Secretary of State has given notice in writing that it has met the performance standards for waste authorities specified for it for the most recent financial year for which standards were set by an order made under section 4(1) of the Local Government Act 1999;
d
the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that she is satisfied that the following conditions are met–
i
the waste disposal authority complies with sub-paragraph (b);
ii
half or more of the waste collection authorities for the area comply with sub-paragraph (c); and
iii
all the other waste collection authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty; and
e
the waste authorities for a two-tier area to which the Secretary of State has given notice in writing that she is satisfied that the following conditions are met–
i
the waste disposal authority complies with sub-paragraph (b); and
ii
all the waste authorities for the area have made a joint application in writing to the Secretary of State for the disapplication of that duty.
Duration of disapplication
3
1
A disapplication under regulation 2 shall apply from the date on which the Secretary of State gives the relevant notice in writing to the authority or authorities concerned.
2
A disapplication under regulation 2(a) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authority concerned that the conditions specified have not been met for a period of at least two years.
3
A disapplication under regulation 2(b) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authority concerned that–
a
where notice is given before 1st April 2007, the conditions specified have ceased to be met; or
b
where notice is given on or after 1st April 2007, the conditions specified have not been met for a period of at least two years.
4
A disapplication under regulation 2(c) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authority concerned that the conditions specified have ceased to be met, but such notice shall not be given until the disapplication has applied for a period of at least two years.
5
A disapplication under regulation 2(d) shall come to an end six months after the date on which the Secretary of State gives notice in writing to the authorities concerned that she is satisfied that the conditions specified in regulation 2(d)(i) and (ii) have not been met for a period of at least two years.
6
A disapplication under regulation 2(e) shall come to an end after 30 months.
Modification of application of duties
4
Where by reason of regulation 2 a duty applies to one or more, but not all, of the waste authorities for a two-tier area, section 32(1) to (7) of the Waste and Emissions Trading Act 2003 shall apply in that area as if a reference to the waste authorities was a reference to the waste authorities to which the duty applies.
Elliot Morley
Minister of State
Department for Environment, Food and Rural Affairs
8th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the Shoreham Port Authority Harbour Revision (Constitution) Order 2004, and shall come into force on 16th June 2004.
2
The Shoreham Port Authority Acts and Orders 1926 to date and this Order may be cited together as the Shoreham Port Authority Acts and Orders 1926 to 2004.
Interpretation
2
In this Order —
“ the Authority ” means the Shoreham Port Authority;
“ the Board ” means the Board of the Authority from time to time;
“the new constitution date” means 21st June 2004;
“the 1968 Order ” means the Shoreham Port Authority Revision Order 1968 ; and
“the 1985 Order ” means the Shoreham Port Authority Revision Order 1985 .
Constitution of the Board
3
1
On and after the new constitution date, the Board shall consist of —
a
9 members appointed by the Authority;
b
the Chief Executive for the time being of the Authority; and
c
if the Board shall so decide not more than 2 additional full-time officers of the Authority.
2
Each member appointed under paragraph (1)(a) above shall be a person who appears to the Authority to have special knowledge, experience or ability appropriate to the efficient, effective and economic discharge by the Authority of its functions including in particular (but without prejudice to the generality of the foregoing) special knowledge, experience or ability in one or more of the following matters —
a
management of ports or harbours;
b
knowledge and experience of representation within the locality of Adur District Council and/or West Sussex County Council;
c
knowledge and experience of representation within the locality of Brighton and Hove City Council;
d
knowledge and experience of private commercial activities within the Port of Shoreham;
e
shipping or the navigation of ships;
f
industrial, commercial legal and financial management;
g
recreational maritime activities;
h
environmental maritime activities;
i
the organisation of labour, safety and personnel management;
j
commercial marketing, public relations or information technology;
k
any other skills and abilities considered from time to time by the authority to be relevant to the discharge of their functions;
and the Authority shall secure, so far as reasonably practicable, that the members appointed by it will, between them, have special knowledge, experience and ability in a broad and complementary range of matters relevant to the efficient, effective and economic discharge by the Authority of its functions.
3
In making an appointment under paragraph (1)(a) or (c) above, the Authority shall act in accordance with any guidance issued by the Secretary of State from time to time with respect to the exercise of such functions.
Appointment and terms of office of first members
4
The first appointments under article 3(1)(a) above shall be made on or as soon as practicably after the date on which this Order comes into force and on the following basis —
a
the members currently appointed under paragraphs 2(b), (c), (d), (f), (h) of Part I of Schedule 1 to the 1968 Order shall be replaced with five members appointed hereunder with effect from the new constitution date;
b
the other members who have been appointed under the 1968 Order shall be re-appointed hereunder and shall hold office until 31 December 2005.
Terms of office of subsequent members
5
A member appointed under article 3(1)(a) or (c) above (other than a member appointed under sub-paragraph 4(1)(b)) shall, unless appointed to fill a casual vacancy and subject to the provisions of Schedule 1 to the 1968 Order and articles 6 and 8 of, and paragraph 11 of Schedule 2 to this Order, hold office for a term of three years from the date of his appointment.
Declaration to be made by members
6
No person shall act as a member until he has made the declaration set out in Schedule 1 to this Order (or a declaration to that effect); and a person shall cease to be a member if he fails to make that declaration within three months of the date of his appointment.
Casual vacancies and co-opted members
7
1
A casual vacancy arising in the office of a member appointed under article 3(1)(a) above shall, unless it is not reasonably practicable to do so, be filled by the appointment of a member in accordance with article 3(2) and 3(3) above.
2
A member appointed to fill a casual vacancy under this article shall, subject to articles 6 and 8 of, and paragraph 11 of Schedule 2 to, this Order, and subject to the provisions of the 1968 Order, hold office, during the remainder of the term for which the member whom he replaces was appointed.
3
The members of the Authority referred to in article 3(1)(a) above may at any time co-opt not more than two persons to serve as members for such period not exceeding twelve months as the co-opting members may specify at the time of co-option.
Disqualification of members
8
If the Board is satisfied that a member —
a
has without the permission of the Authority been absent from the meetings of the Board —
i
for a period during which three such meetings have been held;
ii
for a period of three consecutive months,
whichever of these periods is the longer; or
b
has become bankrupt or made an arrangement with his creditors; or
c
is incapacitated by physical or mental illness from discharging the functions of a member; or
d
is otherwise unable, unwilling or unfit to discharge the functions of a member;
the Board may declare his office as a member to be vacant and thereupon the office shall become vacant.
Incidental Provisions
9
On and after the new constitution date the provisions of Schedule 2 to this Order shall have effect with respect to the Authority.
Borrowing Limit
10
In article 3(1) of the 1985 Order (which specifies the limit for the borrowing powers of the Authority) for the words “twenty million pounds” there shall be substituted the words “50 million pounds (or that sum adjusted in accordance with article 11 of the Shoreham Port Authority Harbour Revision (Constitution) Order 2004)”.
CPI adjustment of borrowing limit
11
1
The Board shall adjust that sum mentioned in article 3(1) of the 1985 Order in line with any movement (calculated to 1 decimal place) in CPI which occurred during the year ended on 31st December immediately preceding the anniversary in question.
2
Any adjustment referred to in paragraph (1) above, shall be recorded in the next following annual statement of accounts prepared by the Authority.
3
In paragraph (1) above, “CPI” means the Consumer Price Index, being the main measure of inflation published in the monthly publication of the Office of National Statistics known as “Monthly Digest of Statistics”, or any successor from time to time of that index.
Consequential amendments
12
1
In section 50(6) of the Shoreham Harbour Act 1949, for the words “neither the Trustees nor the authority shall use” there shall be substituted the words “The Trustees shall not use”.
2
In paragraph 9 of Part 1 of Schedule 1 to the 1968 Order, for the word “seventieth” there shall be substituted the words “sixty fifth”.
Repeals and revocations
13
On the new constitution date the enactments mentioned in the first and second columns of Schedule 3 to this Order (which include spent enactments) shall be repealed or revoked to the extent specified in the third column of that Schedule.
Signed by the authority of the Secretary of State for Transport
Phil Carey
Head of Ports Division,
Department for Transport
8th June 2004


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Specification of Particularly Serious Crimes) Order 2004 and shall come into force on 12th August 2004.
2
An offence of a description set out in any of Schedules 1 to 6 to this Order is hereby specified for the purposes of section 72(4)(a) of the Nationality, Immigration and Asylum Act 2002.
Des Browne
Minister of State
Home Office
20th July 2004


text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (Gatwick Express Class 460 Vehicles) Exemption (Amendment) Order 2004 and shall come into force on 30th September 2004.
Amendment
2
1
The Rail Vehicle Accessibility (Gatwick Express Class 460 Vehicles) Exemption Order 2001 shall be amended as follows.
2
In article 5(7), for the words “at the end of 30th September 2004”, there shall be substituted “at the end of 30th April 2011”.
3
In article 5(8), for the words “at the end of 31st March 2005”, there shall be substituted “at the end of 30th April 2011”.
Signed by authority of the Secretary of State for Transport
Kim Howells
Minister of State for Transport,
Department for Transport
18th August 2004


text:
1
This Order may be cited as the Education (Inspectors of Schools in England) (No.2) Order 2004 and shall come into force on 7th May 2004.
2
The persons named in the Schedule to this Order are hereby appointed Her Majesty’s Inspectors of Schools in England with effect from 7th May 2004.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) (No.2) Order 2004 and shall come into force on 1st August 2004.
2
In this Order “the Document” means the Document published by the Department for Education and Skills and the QCA entitled “Modern Foreign Languages, the National Curriculum for England, Key Stage 3” .
3
This Order applies only to pupils in the third key stage at–
a
a community, foundation or voluntary school; or
b
a community or foundation special school not established in a hospital,
in England.
Revocation
2
The Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages) (England) Order 2000 and the Education (National Curriculum) (Attainment Targets and Programmes of Study in Modern Foreign Languages in respect of the Third Key Stage) (England) Order 2004 are hereby revoked.
Specification of attainment targets and programmes of study
3
It is hereby directed that the provisions relating to attainment targets and programmes of study set out in the Document shall have effect for the purposes of specifying attainment targets and programmes of study in relation to modern foreign languages.
David Miliband
Minister of State
Department for Education and Skills
12th July 2004


text:
Title, extent and commencement
1
These Regulations may be cited as the Feeding Stuffs (Safety Requirements for Feed for Food–Producing Animals) Regulations 2004; they extend to Great Britain and come into force on 1st January 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Agriculture Act 1970 ;
“enforcement authority” means the body having the duty to enforce under Part IV of the Act pursuant to section 67(1), (1A) or (2) as the case may be;
“inspector” means a person appointed by an enforcement authority under section 67(3) of the Act;
“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
2
Subject to paragraph (3), other expressions used in these Regulations and in Regulation 178/2002 have the same meaning in these Regulations as in Regulation 178/2002 and in these Regulations any reference to a numbered Article is a reference to the Article so numbered in Regulation 178/2002.
3
“Feed” or “feedingstuff” does not include any of the following feed additives —
a
coccidiostats;
b
histomonostats; and
c
all other zootechnical additives except —
i
digestibility enhancers;
ii
gut flora stabilisers; and
iii
substances incorporated with the intention of favourably affecting the environment,
or any premixture containing such additives.
Offences, penalties and enforcement
3
1
Any person who contravenes or fails to comply with any of the specified provisions of Regulation 178/2002 set out in paragraph (2) shall be guilty of an offence and liable —
a
in the case of paragraph (2)(a) —
i
on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding the statutory maximum, or both; or
ii
on conviction on indictment to a term of imprisonment not exceeding two years or to a fine, or both;
b
in the case of paragraph (2)(b), (c) and (d) on summary conviction to a term of imprisonment not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
2
The specified provisions referred to in paragraph (1) are —
a
Article 15, paragraph 1 (prohibition on the placing on the market or feeding to any food-producing animal of unsafe feed);
b
Article 16 (prohibition on misleading labelling, advertising or presentation of feed);
c
Article 18, paragraphs 2 and 3 (requirements of traceability) in so far as it relates to feed business operators;
d
Article 20 (responsibilities of feed business operators).
3
Each enforcement authority shall, within its area, enforce and execute the provisions of these Regulations and the provisions of Regulation 178/2002 specified in paragraph (2).
4
The competent authority for the purposes of Articles 15 and 18 shall be the enforcement authority and for the purposes of Article 20 shall be the enforcement authority and the Food Standards Agency.
Application of various provisions of the Act
4
1
Subject to paragraph (3), the provisions of the Act specified in paragraph (2) shall apply for the purposes of these Regulations and Articles 15, 16, 18 and 20 of Regulation 178/2002 as if —
a
any reference in them to feeding stuff were a reference to feed;
b
any reference in them to the Act or any Part of it were a reference to these Regulations and to Articles 15, 16, 18 and 20 of Regulation 178/2002;
c
any reference to samples taken in a prescribed manner were a reference to samples taken in a manner prescribed in Part II of Schedule 1 of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 .
2
The specified provisions referred to in paragraph (1) are —
a
section 67(4) (area of inspector’s authority) and (8) (Minister’s power to appoint inspectors);
b
section 76 (inspector’s power to enter premises and take samples), with the modification that paragraph (b) of subsection (2) shall be construed as if it gave the inspector power to take copies of any documentation relating to the feed;
c
section 77 (division of samples and analysis by agricultural analyst);
d
section 78(2), (3), (4), (5), (6), (7), (8), (9) and (10) (further analysis by the Government Chemist);
e
section 79(3), (4), (5), (6), (7), (8), (9) and (10) (supplementary provisions relating to samples and analysis);
f
section 80 (institution of prosecutions);
g
section 81 (offences due to fault of other person);
h
section 82 (defence of mistake, accident, etc. );
i
section 83 (exercise of powers by inspectors);
j
section 110 (offences by bodies corporate).
3
the provisions of paragraph (1)(b) shall not apply in the case of the provisions specified in paragraph (2)(c).
Application of various provisions of the Feeding Stuffs (Sampling and Analysis) Regulations
5
1
The following provisions of the Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall apply for the purposes of these Regulations as they apply in relation to sampling and analysis under those Regulations —
a
regulation 2 (prescribed amount for the purposes of a sampled portion);
b
regulation 3 (manner of taking and sealing samples);
c
regulation 4 (method of sending samples);
d
regulation 5 (qualifications of agricultural analyst);
e
regulation 6 (methods of analysis);
f
regulation 7 (certificate to be used for results of analysis);
g
regulation 8 (time limit for analysis of oil content of feed);
h
Schedule 1 (detailed rules for sampling);
i
Schedule 2 (methods of analysis);
j
Schedule 3 (standard form of certificate to be used for results of analysis).
Inspection, seizure and detention of suspected animal feed
6
1
An inspector may at all reasonable times inspect any material which —
a
has been placed on the market for use as feed;
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing on the market or of preparation for placing on the market for use as feed; or
c
is in the possession of, or has been deposited with or consigned to, any person for the purpose of feeding to any food-producing animal,
and paragraphs (2) to (8) shall apply where, on such an inspection, or upon analysis of samples taken, it appears to him that the material fails to comply with the feed safety requirements set out in Article 15.
2
The inspector may either —
a
give notice to the person in charge of the material that, until the notice is withdrawn, the material or any specified portion of it —
i
is not to be used as feed; and
ii
either is not to be removed or is not to be removed except to some place specified in the notice; or
b
seize the material in order to have it dealt with by a justice of the peace,
and any person who knowingly contravenes the requirements of a notice under sub–paragraph (a) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
Where the inspector exercises the powers conferred by paragraph 2(a), he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the material complies with the feed safety requirements set out in Article 15 and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied shall proceed to have the matter dealt with by a justice of the peace under paragraph (5).
4
Where the inspector exercises the powers conferred by paragraph 2(b) or takes action under paragraph 3(b), he shall inform the person in charge of the material of his intention to have it dealt with by a justice of the peace and —
a
any person who might be liable under the provisions regulation 3 and of Article 15.1 to a prosecution in respect of the material shall, if he attends before the justice of the peace by whom the material falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is charged with an offence under those provisions in relation to that material.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any material falling to be dealt with by him under this regulation fails to comply with the feed safety requirements set out in Article 15 then he shall condemn the material and order —
a
the material to be destroyed or to be so disposed of as to prevent it from being used as food for human consumption, or for feed for food-producing animals; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the feed business operator.
6
If a notice under paragraph 2(a) is withdrawn, or the justice of the peace by whom any material falls to be dealt with under this regulation refuses to condemn it, the enforcement authority shall compensate the owner of the material for any depreciation in its value resulting from the action taken by the inspector.
7
Any disputed question as to the right or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
In the application of this regulation to Scotland —
a
any reference to a justice of the peace includes a reference to the sheriff and to a magistrate;
b
paragraph 4(b) shall not apply;
c
any reference in paragraph (7) to determination by arbitration shall be construed as a reference to determination by a single arbiter appointed, failing agreement between the parties, by the sheriff.
7
1
Any notice to be given under regulation 6 —
a
must be signed by an inspector acting on behalf of the enforcement authority;
b
if purporting to bear the signature (which includes a facsimile of a signature by whatever means reproduced) of a person who is expressed to be an inspector, shall be deemed, unless the contrary is proven, to have been duly issued by such an inspector;
c
subject to paragraph (2), shall be given to the person in charge of the material by either —
i
delivering it to that person;
ii
by leaving it, or sending it in a prepaid letter addressed to him at his office;
iii
in the case of an incorporated company or body, by delivering it to their secretary or clerk at their registered or principal office, or by sending it in a prepaid letter addressed to him at that office;
iv
in the case of any other person by leaving it or sending it in a prepaid letter addressed to him at his usual or last known residence.
2
Where it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom the notice should be served, or where the premises in which feed are kept are unoccupied, the notice may be addressed to the “owner” or “occupier” of the premises in which the feed is situated, and delivered to some person on those premises, or if there is no person on the premises to whom it can be delivered, by affixing it or a copy of it to some conspicuous part of the premises.
Time Limit for prosecutions
8
No prosecution for an offence under these Regulations shall be begun after the expiry of —
a
three years from the commission of the offence; or
b
one year from its discovery by the prosecutor,
whichever is the earlier.
Amendments to the Act
9
The Act shall be amended in accordance with regulations 10 to 12.
10
In subsection (1) of section 66 (interpretation of Part IV), after the definition of “prescribed metric substitution”, there shall be inserted the following definition —
“Regulation (EC) No. 178/2002 ” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
.
11
In section 73 (deleterious ingredients in feeding stuff) and also in section 73A (unwholesome or dangerous material in feeding stuff) there shall be added in each case after subsection (4) the following subsection —
5
Nothing in this section applies to any person to whom Article 15.1 of Regulation (EC) No. 178/2002 applies.
.
12
In section 84 (regulations) there shall be added after subsection (2) the following subsection —
3
Subsection (1) shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 .
.
Amendment of the Food Standards Act 1999
13
In the Food Standards Act 1999 , in section 30 (animal feedingstuffs) there shall be added, after subsection (8), the following subsection —
9
Subsection (6)(a) shall not apply in any case in which consultation is required by Article 9 of Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
9th December 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Nurses Agencies (Amendment) Regulations 2004 and shall come into force on 2nd June 2004.
2
These Regulations apply in relation to England only.
3
In these Regulations —
a
“ the Act ” means the Care Standards Act 2000; and
b
“the principal Regulations ” means the Nurses Agencies Regulations 2002 .
Amendment of regulation 3 of the principal Regulations
2
For regulation 3 of the principal Regulations (excepted agencies), substitute —
3
For the purposes of the Act —
a
a Special Health Authority which supplies staff, including nurses, to work for another National Health Service body;
b
an NHS trust which supplies nurses to work solely for another National Health Service body; and
c
an NHS foundation trust , which supplies nurses to work solely for another National Health Service body,
shall be excepted from being a nurses agency.
.
Signed by authority of the Secretary of State
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
5th May 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Parenting Orders) Regulations 2004 and shall come into force on 27th February 2004.
2
These Regulations apply only in relation to pupils excluded from schools in England.
Interpretation
2
In these Regulations —
“ the Act ” means the Anti-social Behaviour Act 2003;
“the 2002 Act ” means the Education Act 2002 ;
“school day” has the same meaning as in the Education Act 1996 .
Prescribed conditions
3
1
The following conditions are prescribed for the purposes of section 20(1)(b) of the Act.
2
In the case of a pupil excluded for a fixed period the exclusion must be the second or subsequent exclusion of the pupil from any school within twelve months from the day on which the previous exclusion began.
3
The application must be made within the relevant period.
4
1
In the case of a pupil excluded for a fixed period, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later —
a
the period of 40 school days beginning with the next school day after the day on which the exclusion was considered by the governing body (or in the case of an exclusion from a pupil referral unit, the local education authority) or, if it was not so considered, the day on which it began;
b
the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
2
In the case of a pupil excluded permanently, the “relevant period” is whichever of the following is applicable, and if both are applicable whichever expires the later —
a
The period of 40 school days beginning with the next school day after —
i
the day on which an appeal panel constituted under regulations made under section 52 of the 2002 Act decided to uphold the exclusion, or
ii
if there was no appeal, the last day on which an appeal could have been made; or
b
the period of six months beginning with the day on which a parent of the pupil entered into a parenting contract.
Costs of parenting order
5
The costs associated with the requirements of parenting orders, including the costs of providing counselling or guidance programmes, shall be borne by the local education authority.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
29th January 2004


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the Occupational Pension Schemes (Winding Up) (Amendment) Regulations 2004 and shall come into force on 10th May 2004.
2
In these Regulations —
a
“the 1996 Regulations ” means the Occupational Pension Schemes (Winding Up) Regulations 1996 ;
b
“the transitional period” has the meaning given in regulation 3(2) of the 1996 Regulations;
c
the time when a scheme begins to be wound up shall be determined in accordance with regulation 2 of the 1996 Regulations.
3
The revocations made by regulation 2 and the amendments of the 1996 Regulations made by regulation 3 of these Regulations have effect only in relation to occupational pension schemes which begin to be wound up on or after the date on which these Regulations come into force and before the end of the transitional period.
Revocations
2
In relation to such schemes as are mentioned in regulation 1(3) —
a
regulation 3(5) of the 1996 Regulations is hereby revoked;
b
regulation 3(3) of the Pension Sharing (Consequential and Miscellaneous) Amendments Regulations 2000 is hereby revoked;
and accordingly section 73(3)(c) of the Pensions Act 1995 has effect as amended only by section 38(1) of the Welfare Reform and Pensions Act 1999 .
Amendment of the 1996 Regulations
3
In relation to such schemes as are mentioned in regulation 1(3), regulation 3 of the 1996 Regulations (modifications of section 73(3) of the Pensions Act 1995) is amended as follows —
a
by substituting for paragraph (1)(b) —
b
in the case of a scheme which begins to be wound up on or after 10 May 2004 and before the expiry of the transitional period, subject to the modifications in paragraphs (5A) to (6).
;
b
by inserting the following paragraphs after paragraph (4) —
5A
In paragraph (d) of section 73(3), for “(b) and (c)” there shall be substituted “(aa) and (b).”
5B
After that paragraph there is inserted —
e
any liability for increases to pensions referred to in paragraph (c).
.
;
c
by substituting for paragraph (6) —
6
In the words following paragraph (e) of section 73(3) as inserted by paragraph (5B) for the words “paragraphs (b) to (d)” there shall be substituted the words “paragraphs (aa) to (e)”.
;
d
by substituting for paragraph (8) —
8
In the case of any scheme to which section 73(3) applies with the modifications mentioned in paragraphs (5A) to (6), regulation 7(3)(b)(iv) of the Occupational Pension Schemes (Transfer Values) Regulations 1996 , has effect with the substitution for “(d)” of “(e)”.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
15th April 2004


text:
Citation and commencement
1
This Order may be cited as the Driving Licences (Exchangeable Licences) Order 2004 and shall come into force on 26th February 2004.
Interpretation
2
In this Order —
a
“driving test” means a test corresponding to the practical test of driving skills and behaviour prescribed under section 89 of the Road Traffic Act 1988 as part of the test of competence to drive;
b
“vehicle with automatic transmission” means a vehicle in which either —
i
the driver is not provided with any means whereby he may vary the gear ratio between the engine and the road wheels independently of the accelerator and the brakes, or
ii
he is provided with such means but they do not include a clutch pedal or lever which he may operate manually,
(and accordingly, a vehicle with manual transmission is any other class of vehicle); and
c
a reference to a licensing category is a reference to the category identified by the same letter or combination of letters in Schedule 2 to the Motor Vehicles (Driving Licences) Regulations 1999 .
Designation of the Falkland Islands
3
1
Subject to paragraph (3) below, the Falkland Islands is designated under section 108(2)(b) of the Road Traffic Act 1988 as respects licences of the description specified in paragraph (2) below.
2
The licences referred to in paragraph (1) are —
a
licences which authorise the driving of a class of vehicles corresponding to a class of vehicles included in licensing category A, B, B + E, F, K or P, and
b
which have been granted by the licensing authority of the Falkland Islands —
i
to a person who has passed a driving test in the Falkland Islands, or
ii
by way of exchange for a licence granted in an EEA State (including the United Kingdom) or in a country or territory named in the Schedule to a person who had passed a driving test in such a State, country or territory.
3
A licence of a description specified in paragraph (2) above shall be exchangeable only in so far as it authorises the driving of vehicles with automatic transmission if it was granted to a person who passed a driving test, whether in the Falkland Islands or in a State, country or territory mentioned in paragraph 2(b)(ii) above, in a vehicle with automatic transmission notwithstanding that the licence authorises the driving in the Falkland Islands of vehicles with manual transmission.
4
A licence —
a
of a description specified in paragraph (2)(b)(ii) above,
b
granted by way of exchange for a licence granted to a person who had passed a driving test in the Republic of Korea,
shall not be exchangeable in so far as it authorises the driving of a class of vehicles included in licensing category A, notwithstanding that the licence authorises the driving in the Falkland Islands of a class of vehicles corresponding to that licensing category.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport
9th February 2004


text:
Citation and commencement
1
This Order may be cited as the Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2004 and shall come into force on 14th March 2004.
Continuance in force of sections 21 to 23 of the Anti-terrorism, Crime and Security Act 2001
2
Sections 21 to 23 of the Anti-terrorism, Crime and Security Act 2001 shall not expire in accordance with the Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2003 but shall continue in force for a period of one year beginning with 14th March 2004.
Beverley Hughes
Minister of State
Home Office
12th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Carriers' Liability (Amendment) Regulations 2004, and shall come into force on 1st March 2004.
Amendment of the Carriers' Liability Regulations 2002
2
Regulation 5 of the Carriers' Liability Regulations 2002 (clandestine entrants: prescribed control zone) is amended as follows —
a
for paragraph (1) substitute —
—
1
The following control zones outside the United Kingdom are prescribed for the purposes of section 32(10) of the Act —
a
that part of the territory of France situated at Coquelles which is a control zone for the purposes of the International Articles or the Tripartite Articles; and
b
that part of the territory of France within a port designated in Schedule 1 to the Nationality, Immigration and Asylum Act 2002 (Juxtaposed Controls) Order 2003 in which immigration officers exercise immigration control pursuant to the Treaty between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the French Republic concerning the Implementation of Frontier Controls at the Sea Ports of Both Countries on the Channel and North Sea .
.
b
in paragraph (2), for the words “In paragraph (1)” substitute “In paragraph (1) (a)”.
Beverley Hughes
Minister of State
Home Office
3rd February 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2004 and shall come into force on 8th November 2004.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core subjects of pupils who have completed the programme of study for the first key stage.
3
This Order applies to maintained schools (other than those established in hospitals) in England.
Revocation
2
The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2003 is hereby revoked.
Interpretation
3
1
In this Order —
“the associated documents” means the documents published by the Department for Education and Skills and the Authority, setting out any levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 87(3)(a) and (b) orders for those subjects for the time being in force;
“the Authority” means the Qualifications and Curriculum Authority established under section 21 of the Education Act 1997 ;
“the core subjects” means English, mathematics and science;
“the core subject topics” means speaking and listening, reading, writing, mathematics and science;
“the Document” means the document entitled “Key Stage 1 Assessment and Reporting Arrangements” published by the Authority pursuant to section 87(5) of the Education Act 2002;
“section 87(3)(a) and (b) orders” means orders made or which have effect as if they were made under section 87(3)(a) or (b) of the Education Act 2002 specifying attainment targets and programmes of study;
“moderation” means the review of teacher assessment processes and results to ensure consistency and “moderating” shall be construed accordingly;
“standard task” and “standard task assessment” have the meanings given in article 5.
“summer term” means the final term of the school year.
2
In this Order references to the first key stage are, subject to the operation of section 82(2) to (5) of the Education Act 2002, references to the period set out in paragraph (a) of section 82(1) of that Act.
3
In this Order references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
Assessment
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each of the core subject topics which applies to the pupil except where article 7(3) applies.
3
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term or 4th July falling in that term, if earlier.
4
A record of the results shall consist of a statement of each level of attainment which the teacher assesses has been achieved by the pupil (whether or not that level is specified in relation to the first key stage by the relevant section 87(3)(a) and (b) order) in relation to each of the core subject topics mentioned in paragraph (2).
5
In making an assessment of a pupil pursuant to this article, a teacher shall take into account the pupil’s performance in the subject throughout the school year, the results of any standard task assessment and any previous assessment of the pupil, whether by means of standard tasks or otherwise, whether or not the previous assessments were made by that teacher.
6
If, in any subject, there is a divergence between the teacher assessment and the results of the standard task assessment, the teacher assessment will stand provided that the teacher can provide objective evidence to justify the teacher assessment.
Standard task assessment: English and mathematics
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to whom this article applies to be assessed in English and mathematics by the administration of tasks and tests (referred to in this Order as“standard tasks”) in accordance with the provisions of this article, and such an assessment shall be known as a “standard task assessment”.
2
This article applies to a pupil in respect of English and mathematics if, in the opinion of his head teacher, his level of attainment in that subject, if he were to be assessed by the administration to him of standard tasks in accordance with the provisions of paragraph (3), would be level 1 or higher.
3
Standard tasks for which provision is made by the Secretary of State pursuant to article 9 shall be administered and assessed in accordance with the provisions of the Document.
Moderation of Assessments
6
1
The local education authority (referred to in this article as “the moderating authority”) shall make provision for moderating teacher assessments in respect of the schools which they maintain.
2
The moderating authority shall exercise the functions conferred by this article in relation to each of reading, writing and mathematics and —
a
subject to paragraph (3), in each school year in relation to at least 25% of all relevant schools;
b
in each school year, in relation to those schools in relation to which moderation took place in the preceding school year and in the opinion of the moderating authority, having regard to the results of that moderation, a further moderation should be made.
3
For the purposes of paragraph (2)(a) —
a
moderations carried out pursuant to paragraph (2)(b) shall not count towards the 25% minimum;
b
the moderating authority shall so exercise its functions as to secure that in any period of four years moderations have been completed in relation to all relevant schools.
4
For the purposes of paragraphs (2) and (3), “relevant schools” are all the schools maintained by the moderating authority.
5
On a request by the moderating authority, the head teacher shall provide them with the results of teacher assessments of such number or proportion of pupils and in such subjects or attainment targets in subjects as they may require, together with the supporting material referred to in paragraph (6) to enable the moderating authority to moderate the assessments.
6
The supporting material consists of examples of work produced by the pupil in the course of the school year, the pupil’s standard task assessment results, the pupil’s written response to the standard tasks, any evidence required in accordance with article 4(6) and such further material as the moderating authority may reasonably require.
7
If after moderation the moderating authority considers that the results of the teacher assessments are accurate, they shall so notify the head teacher, and the attainment levels of all pupils at the school determined by teacher assessments (whether or not moderated) shall be the levels for the subject in question.
8
If after moderation the moderating authority consider that any of the results of the teacher assessments are inaccurate, they shall so notify the head teacher and, if the moderating authority so request, the head teacher shall as soon as practicable —
a
arrange for the results considered to be inaccurate, together with such other results as that authority may request, to be reconsidered by the teachers concerned and subsequently submitted to the moderating authority for moderation; and
b
provide the moderating authority with the results of the teacher assessments of all other pupils in the subject in question which have not been moderated, together with the supporting material referred to in paragraph (6) for moderation.
9
Where any level of attainment determined by the moderating authority differs from the level determined by a teacher assessment, the level determined by the moderating authority after moderation shall be the level of attainment.
10
It shall be the duty of the head teacher and the governing body —
a
to permit the moderating authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements specified by this Order;
b
to permit the moderating authority to inspect and take copies of documents and other articles relating to teacher assessment; and
c
to provide to the moderating authority such information relating to assessment as they may reasonably request.
11
For the purpose of exercising their functions under this article the moderating authority shall appoint such competent persons as they think fit.
12
A person is not competent for the purposes of paragraph (11) unless he has recent experience of the provision of the National Curriculum for England in primary schools.
Pupils not subject to provisions of the National Curriculum
7
1
The modifications set out in this article apply in respect of pupils to whom provisions of the National Curriculum for England do not apply (including pupils with statements of special educational needs).
2
Where in the case of mathematics and science one attainment target does not apply to such a pupil, the pupil shall be treated as though the number of attainment targets applying to the pupil were the total number of attainment targets in the subject and the attainment target which does not apply were ignored.
3
Where in the case of mathematics and science more than one attainment target does not apply to such a pupil, the pupil shall not be assessed in relation to that subject.
Evaluation of Assessment Arrangements
8
The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the implementation of articles 4 to 7 achieve the purpose mentioned in article 1(2).
Supplementary Powers of the Secretary of State
9
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 87(7) of the Education Act 2002) as appear to him to be expedient, including in particular provisions as to standard tasks for the purpose of assessing pupils' levels of attainment in any attainment target or core subject and as to the time when and the manner in which they are to be administered; and any provisions the Secretary of State may so make shall be published by the Authority.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
27th October 2004