text:
Citation, commencement, operation, extent and amendment
1
1
This Order may be cited as the Democratic Republic of the Congo (United Nations Sanctions) (Channel Islands) Order 2003 and shall come into force on 10th October 2003.
2
If the Security Council of the United Nations takes any decision which has the effect of cancelling or suspending the operation of the resolution adopted by it on 28th July 2003, in whole or in part, this Order shall cease to have effect or its operation shall be suspended, in whole or in part, as the case may be, in accordance with that decision; and particulars of that decision shall be published in a notice in the official Gazettes of Guernsey, Alderney and Jersey.
3
This Order shall extend to the Channel Islands so as to be law, respectively in Guernsey and Jersey.
4
Articles 3, 4 and 5 shall apply to any person within the Channel Islands and any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in Guernsey or Jersey; or
b
a body incorporated or constituted under the law of any part of Guernsey or Jersey.
Interpretation
2
1
In this Order unless the context otherwise requires —
“Attorney General” means —
in the application of this Order to Guernsey, the Attorney General or the Solicitor General for Guernsey; and
in the application of this Order to Jersey, the Attorney General for Jersey;
“Chief Revenue Officer” and “States Revenue Officer”, in the application of this Order to Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, as amended; and “States Revenue Officer” in the application of this Order to Jersey, means the Agent of the Impôts and any officer of the Impôts (and any person authorised by the Agent of the Impôts);
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any ship, submersible vehicle or aircraft, includes the taking out of Guernsey or, as the case may be, Jersey of the ship, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Guernsey” means the Bailiwick of Guernsey;
“Jersey” means the Bailiwick of Jersey;
“licensing authority” means —
in the case of Guernsey, the Attorney General of Guernsey; and
in the case of Jersey, the Policy and Resources Committee of the States of Jersey;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“police officer” means —
in relation to Guernsey, Herm and Jethou a member of the salaried police force of the Island of Guernsey, and, within the limits of his jurisdiction, a member of the special constabulary of the Island of Guernsey;
in relation to Alderney, a member of the said police force and a member of any police force which may be established by the States of Alderney;
in relation to Sark, the constable, the Vingtenier and a member of the said police force of the Island of Guernsey; and
in relation to Jersey, a member of the Honorary Police or a member of the States of Jersey Police Force;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 as amended;
“ship” includes every description of vessel used in navigation;
“shipment” (and cognate expressions) and “stores” shall —
in the application of this Order to Guernsey, have the meanings they bear in the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972, as amended, and
in the application of this Order to Jersey, have the meanings they bear in the Customs and Excise (Jersey) Law 1999, as amended;
“the standard scale” means —
in the application of this Order to Guernsey, the uniform scale of fines specified for the time being in section 1 of the Uniform Scale of Fines (Bailiwick of Guernsey) Law 1989, as amended, and
in the application of this Order to Jersey, the standard scale of fines specified for the time being in the Schedule to the Criminal Justice (Standard Scale of Fines) (Jersey) Law 1993, as amended;
“vehicle” means a land transport vehicle.
2
Any reference to an Act of Parliament of the United Kingdom shall, in the case of a provision which has been extended to the Channel Islands or otherwise applies to the Channel Islands, be construed as a reference to that provision as it has effect there.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3
1
Any person who, except under the authority of a licence granted by the licensing authority under this article or article 4 —
a
supplies or delivers;
b
agrees to supply or deliver; or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person in the Democratic Republic of the Congo shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in the Democratic Republic of the Congo.
2
Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the licensing authority under this article.
Exportation of restricted goods to the Democratic Republic of the Congo
4
Except under the authority of a licence granted by the licensing authority under this article, restricted goods are prohibited to be exported from any of the Channel Islands to any destination in the Democratic Republic of the Congo or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in the Democratic Republic of the Congo.
Provision of assistance, advice or training related to military activities
5
Any person who, except under the authority of a licence granted by the licensing authority under this article, directly or indirectly provides to any person in the Democratic Republic of the Congo any
a
assistance,
b
advice, or
c
training,
related to military activities shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the assistance, advice or training in question was to be provided to a person in the Democratic Republic of the Congo.
Use of ships, aircraft and vehicles: restricted goods
6
1
Without prejudice to the generality of article 3, and except under the authority of a licence granted by the licensing authority under this article, no ship or aircraft to which this article applies, and no vehicle within the Channel Islands, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside the Democratic Republic of the Congo to any destination therein.
2
This article applies to ships registered in Guernsey or, as the case may be, Jersey, to aircraft registered in the United Kingdom and to any other ship or aircraft that is for the time being chartered to any person referred to in article 1(4).
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in Guernsey or, as the case may be, Jersey or any aircraft registered in the United Kingdom, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in article 1(4) the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside the Democratic Republic of the Congo to any destination therein.
4
Nothing in paragraph (1) shall apply where the supply or delivery or exportation from Guernsey or, as the case may be, Jersey of the goods concerned to the Democratic Republic of the Congo was authorised by a licence granted by the licensing authority under article 3 or 4.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
GENERAL
Customs powers to demand evidence of destination which goods reach
7
Any exporter or any shipper of goods which have been exported from Guernsey or, as the case may be, Jersey shall, if so required by the Chief Revenue Officer or a States Revenue Officer, furnish within such time as they may allow proof to their satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
8
1
If for the purposes of obtaining any licence under this Order any person makes any statement, or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence.
2
Any person who has done any act under the authority of a licence granted by the licensing authority under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the licensing authority after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
9
1
Any person who is about to leave Guernsey or, as the case may be, Jersey shall, if he is required to do so by the Chief Revenue Officer or a States Revenue Officer —
a
declare whether or not he has with him any restricted goods which are destined for the Democratic Republic of the Congo or for delivery, directly or indirectly, to or to the order of any person in the Democratic Republic of the Congo; and
b
produce any such goods as aforesaid which he has with him.
2
Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods, or refuses to allow himself to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence.
4
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence.
Investigation, etc. of suspected ships
10
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 6, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2).
2
The further action referred to in paragraph (1)(c) is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in Guernsey or, as the case may be Jersey, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 13(3), where —
a
a master refuses or fails to comply with a request made under paragraph 2(b); or
b
an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
Before or on exercising any power conferred by this article, an authorised officer shall, if requested to do so, produce evidence of his authority.
5
In this article “authorised officer” means a Chief Revenue Officer or a States Revenue Officer or —
a
in the case of Guernsey any officer as is referred to in Section 284(1) of the Merchant Shipping Act 1995 as extended to Guernsey by the Merchant Shipping Oil Pollution and General Provisions (Guernsey) Order 1998 ; and
b
in the case of Jersey, the Harbour Master or an officer appointed to deputise for him.
Investigation, etc. of suspected aircraft
11
1
Where any authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
if the aircraft is then in Guernsey or, as the case may be, Jersey any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, operator and the commander or any of them to cause the aircraft and any of its cargo to remain in Guernsey or, as the case may be, Jersey until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 13(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised person” means any States Revenue Officer and, in respect of Jersey, the Airport Director, and any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
12
1
Where any authorised person has reason to suspect that any vehicle in the Guernsey or as the case may be, Jersey has been or is being or is about to be used in contravention of article 6 —
a
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
c
any authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in Guernsey or as the case may be, Jersey until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 13(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority .
4
In this article —
“authorised person” means any States Revenue Officer and any person authorised by the Attorney General for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 10 to 12
13
1
No information furnished or document produced by any person in pursuance of a request made under article 10, 11 or 12 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
b
to any person who would have been empowered under article 10, 11 or 12 to request that it be furnished or produced or to any person holding or acting in any office under or in the service of —
i
the Crown in respect of the Government of the United Kingdom;
ii
the Government of the Isle of Man;
iii
the States of Guernsey or Alderney or the Chief Pleas of Sark;
iv
the States of Jersey; or
v
the Government of any territory listed in Schedule 1;
c
on the authority of the Attorney-General, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to the Democratic Republic of the Congo decided upon the Security Council of the United Nations; or
d
with a view to the institution of, or otherwise for the purposes of, any proceedings —
i
in the Bailiwick in question, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
ii
for any offence under any law making provision with respect to such matters that is in force in the other Bailiwick to which this order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1.
2
Any power conferred by article 10, 11 or 12 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence, that is to say —
a
a master of a ship who disobeys any direction given under article 10(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 10, 11 or 12 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under article 10, 11 or 12.
4
Nothing in articles 10 to 13 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
14
The provisions of Schedule 2 shall have effect in order to facilitate the obtaining, by or on behalf of the Attorney General, the licensing authority or in the case of Guernsey, the Chief Revenue officer or, in the case of Jersey, a States Revenue Officer —
a
of evidence and information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Bailiwick in question; or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1; and
b
of evidence of the commission of —
i
in the Bailiwick in question, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the other Bailiwick to which this Order applies, the United Kingdom, the Isle of Man or any territory listed in Schedule 1.
Investigations by a States Revenue Officer or Chief Revenue Officer
15
1
Where in the case of Guernsey the Chief Revenue Officer, or in the case of Jersey, a States Revenue Officer, investigates or proposes to investigate any matter with a view to determining —
a
whether there are grounds for believing that an offence under this Order has been committed, or
b
whether a person should be prosecuted for such an offence,
the matter shall be treated as an assigned matter within the meaning of section 1(1) of the Customs and Excise (General Provisions) (Bailiwick of Guernsey) Law 1972 as amended, in relation to Guernsey, and Article 1(1) of the Customs and Excise (Jersey) Law 1999 as amended, in relation to Jersey.
Penalties and proceedings
16
1
Any person guilty of an offence under article 3, 5 or 6(3) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both.
and in Jersey, on conviction to imprisonment for a term not exceeding seven years, or to a fine, or to both.
2
Any person guilty of an offence under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 2 shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or both.
3
Any person guilty of an offence under article 8(1) or (2) or article 9(4) shall be liable in Guernsey —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding level 5 on the standard scale;
and in Jersey, on conviction to imprisonment for a term not exceeding two years or to a fine or to both.
4
Any person guilty of an offence under article 13(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 2 shall be liable —
a
in Guernsey on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or to both;
b
in Jersey, on conviction to imprisonment for a term not exceeding 6 months or to a fine not exceeding level 4 on the standard scale.
5
Any person guilty of an offence under article 7 or 9(3) shall be liable —
a
in Guernsey on summary conviction to a fine not exceeding level 5 on the standard scale;
b
in Jersey, on conviction to a fine not exceeding level 4 on the standard scale.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings for an offence under this Order in its application to Guernsey may be taken before the appropriate court in the Bailiwick having jurisdiction in the place where that person is for the time being.
8
No proceedings for an offence under this Order shall be instituted except by or with the consent of the Attorney General:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the licensing authority
17
1
The licensing authority may, to such extent and subject to such restrictions and conditions as he or it may think proper, delegate or authorise the delegation of any of his or its powers under this Order (other than the power to give authority under Schedule 2 to this Order to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the licensing authority shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
A.K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Race Relations Act 1976 (General Statutory Duty) Order 2003 and shall come into force on 31st December 2003.
Amendment of Schedule 1A to the Race Relations Act 1976
2
Schedule 1A to the Race Relations Act 1976 is amended as follows:
a
in Part I (original categories of bodies and other persons), under the sub-heading “National Health Service: England and Wales”, for the words “A Health Authority established under section 8 of the National Health Service Act 1977” substitute “A Strategic Health Authority” ;
b
in Part II —
i
under the sub-heading “Health”, omit the entry relating to the Council for Professions Supplementary to Medicine;
ii
under the sub-heading “Education”, in the entry relating to The British Educational Communications and Technology Agency, for the word “Communication” substitute “Communications”, and omit the entry relating to Community Learning Scotland;
iii
under the sub-heading “Police”, omit the entry relating to the Police Complaints Authority;
iv
under the sub-heading “Libraries, museums and arts”, omit the entries relating to the Ancient Monuments Board for Scotland and the Historic Buildings Council for Scotland;
v
under the sub-heading “Public corporations and nationalised industries”, omit the entries relating to the Broadcasting Standards Commission, the Independent Television Commission and the Radio Authority;
vi
under the sub-heading “Regulatory, audit and inspection”, omit the entry relating to the United Kingdom Central Council for Nursing, Midwifery and Health Visiting;
vii
under the sub-heading “Research”, omit the entry relating to the Apple and Pear Research Council, and
viii
under the sub-heading “Other Bodies, Etc.”, at the end of the entry relating to the Consumer Council for Postal Services insert “(“Postwatch”)”, and omit the entries relating to the Commissioner for Local Administration in Scotland, the Horserace Betting Levy Board, the Horserace Totalisator Board, the Local Government Commission for England and the Scottish Conveyancing and Executry Services Board; and
c
after Part II insert the headings and entries set out in the Schedule to this Order.
Fiona Mactaggart
Parliamentary Under Secretary of State
Home Office
24th November 2003


text:
1
This Order may be cited as the A41 London to Birkenhead Trunk Road (Hertfordshire) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A41 London to Birkenhead Trunk Road (A41).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road for which Hertfordshire County Council shall become highway authority from the date this Order comes into force.
Signed by authority of the Secretary of State for Transport
W. S. C. Wadrup
A Divisional Director, Highways Agency
18th November 2003


text:
Citation and commencement
1
This Order may be cited as the General Medical Council (Constitution of Fitness to Practise Committees) (Transitional Arrangements) Rules Order of Council 2003, and shall come into force on 1st July 2003.
Revocations
2
The following Orders are hereby revoked —
a
the General Medical Council (Constitution of Fitness to Practise Committees) Rules Order of Council 1996 ; and
b
the General Medical Council (Constitution of Interim Orders Committee) Rules Order of Council 2000 .
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order which amends the ABRO Trading Fund Order 2002 (“the Principal Order”) may be cited as the ABRO Trading Fund (Amendment) Order 2003 and shall come into force on 14 th February 2003.
Amendment to the Principal Order
2
In article 4 (assets, liabilities, reserves and public dividend capital) of the Principal Order for paragraphs (2) and (3) substitute the following paragraphs: —
2
£12,900,000 of the amount by which the values of the assets of the fund exceed the amounts of the liabilities shall be treated as the revaluation reserve and a revaluation reserve shall be maintained.
3
Fifty per cent of the amount by which the values of the assets exceeds the amounts of the liabilities, less the amount to be treated as the revaluation reserve, shall be treated as the public dividend capital of the fund.
Geoffrey Hoon
Secretary of State for Defence
22nd January 2003
We concur
Philip Woolas
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd January 2003


text:
PART 1
General
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Fee Order 2003 and shall come into force on the day that section 1 of the Act comes into force.
2
In this Order unless the context otherwise requires —
“account holder” means a person or firm holding a credit account;
“the Act” means the Land Registration Act 2002;
“charge” includes a sub-charge;
“credit account” means an account authorised by the registrar under article 15(1);
“large area application” is as defined in article 6(1);
“large scale application” is as defined in article 6(1);
“premium” means the amount or value of any monetary consideration given by the lessee as part of the same transaction in which a lease is granted by way of fine, premium or otherwise, but, where a registered leasehold estate of substantially the same land is surrendered on the grant of a new lease, the premium for the new lease shall not include the value of the surrendered lease;
“profit” means a profit a prendre in gross;
“monetary consideration” means a consideration in money or money’s worth (other than a nominal consideration or a consideration consisting solely of a covenant to pay money owing under a mortgage);
“the rules” means the Land Registration Rules 2003 and a rule referred to by number means the rule so numbered in the rules;
“rent” means the largest amount of annual rent the lease reserves within the first five years of its term that can be quantified at the time an application to register the lease is made;
“Scale 1” means Scale 1 in Schedule 1;
“Scale 2” means Scale 2 in Schedule 2;
“scale fee” means a fee payable in accordance with a scale set out in Schedule 1 or 2 whether or not reduced in accordance with article 2(6);
“scale fee application” means an application which attracts a scale fee, or which would attract such a fee but for the operation of article 6;
“Schedule” means a Schedule to this Order;
“share”, in relation to land, means an interest in that land under a trust of land;
“surrender” includes a surrender not made by deed;
“voluntary application” means an application for first registration (other than for the registration of title to a rentcharge, a franchise or a profit) which is not made wholly or in part pursuant to section 4 of the Act (when title must be registered).
3
Expressions used in this Order have, unless the contrary intention appears, the meaning which they bear in the rules.
PART 2
Scale fees
Applications for first registration and applications for registration of a lease by an original lessee
2
1
The fee for an application for first registration is payable under Scale 1 on the value of the estate in land comprised in the application assessed under article 7 unless the application is —
a
for the registration of title to a lease by the original lessee or his personal representative, where paragraph (2) applies;
b
for the first registration of a rentcharge, where paragraph (4) applies;
c
for the first registration of a franchise or a profit, where paragraph (5) applies;
d
a voluntary application, where paragraph (6) applies; or
e
a large scale application or a large area application, where article 6 applies.
2
The fee for an application for the registration of title to a lease (whether or not it is a registrable disposition) by the original lessee or his personal representative is payable under Scale 1 —
a
on an amount equal to the sum of the premium and the rent; or
b
where
i
there is no premium; and
ii
either there is no rent or the rent cannot be quantified at the time the application is made,
on the value of the lease assessed under article 7 subject to a minimum fee of £40, unless either of the circumstances in paragraph (3) applies.
3
Paragraph (2) shall not apply if the application is —
a
a voluntary application, where paragraph (6) applies; or
b
a large scale application or a large area application, where article 6 applies.
4
The fee for an application for the first registration of a rentcharge is £40.
5
The fee for an application for the first registration of a franchise or a profit is payable under Scale 1 on the value of the franchise or the profit assessed under article 7.
6
The fee for a voluntary application is the fee which would otherwise be payable under paragraphs (1) and (2) for applications to which those paragraphs apply reduced by 25 per cent and, where the reduced fee would be a figure which includes pence, the fee must be adjusted to the nearest £10.
Transfers of registered estates for monetary consideration, etc.
3
1
Subject to paragraphs (2), (3) and (4), the fee for an application for the registration of —
a
a transfer of a registered estate for monetary consideration;
b
a transfer for the purpose of giving effect to a disposition for monetary consideration of a share in a registered estate;
c
a surrender of a registered leasehold estate for monetary consideration, other than a surrender to which paragraph (3) of Schedule 4 applies,
is payable under Scale 1 on the amount or value of the consideration.
2
Paragraph (1) shall not apply if the application is —
a
a large scale application, where article 6 applies; or
b
for the registration of a transfer of a matrimonial home made pursuant to an order of the court, where article 4(1)(h) applies.
3
Where a sale and sub-sale of a registered estate are made by separate deeds of transfer, a separate fee is payable for each deed of transfer.
4
Where a single deed of transfer gives effect to a sale and a sub-sale of the same registered estate a single fee is assessed upon the greater of the monetary consideration given by the purchaser and the monetary consideration given by the sub-purchaser.
5
The fee for an application to cancel an entry in the register of notice of an unregistered lease which has determined is payable under Scale 1 on the value of the lease immediately before its determination.
Transfers otherwise than for monetary consideration, etc.
4
1
Unless the application is a large scale application (where article 6 applies), the fee for an application for the registration of —
a
a transfer of a registered estate otherwise than for monetary consideration (unless paragraph (2) applies);
b
a surrender of a registered leasehold estate otherwise than for monetary consideration;
c
a transmission of a registered estate on death or bankruptcy;
d
an assent of a registered estate (including a vesting assent);
e
an appropriation of a registered estate;
f
a vesting order or declaration to which section 27(5) of the Act applies;
g
an alteration of the register (unless paragraph (3) applies); or
h
a transfer of a matrimonial home (being a registered estate) made pursuant to an order of the Court,
is payable under Scale 2 on the value of the registered estate which is the subject of the application, assessed under article 7, but after deducting from it the amount secured on the registered estate by any charge subject to which the registration takes effect.
2
Where a transfer of a registered estate otherwise than for monetary consideration is for the purpose of giving effect to the disposition of a share in a registered estate the fee for an application for its registration is payable under Scale 2 on the value of that share.
3
In any application for alteration of the register —
a
if it appears to the registrar that the fee is excessive, he may reduce it; and
b
if it appears to him unreasonable that the applicant should pay a fee, he may waive it.
Charges of registered estates
5
1
The fee for an application for the registration of a charge is payable under Scale 2 on the amount of the charge assessed under article 8 unless it is an application to which paragraphs (2), (3) or (4) apply.
2
No fee is payable for an application to register a charge lodged with or before the completion of a scale fee application (`the primary application') that will result in the chargor being registered as proprietor of the registered land included in the charge unless —
a
the charge includes a registered estate which is not included in the primary application, where paragraph (4) applies; or
b
the primary application is a voluntary application, in which case this paragraph shall apply only if the application to register the charge accompanies the primary application.
3
No fee is to be paid for an application to register a charge made by a predecessor in title of the applicant that is lodged with or before completion of an application for first registration of the estate included in the charge.
4
Where a charge also includes a registered estate which is not included in the primary application any fee payable under Scale 2 is to be assessed on an amount calculated as follows:
Value of the additional property Value of all the property included in the charge × Amount secured by the charge
5
The fee for an application for the registration of —
a
the transfer of a registered charge for monetary consideration; or
b
a transfer for the purpose of giving effect to the disposition for monetary consideration of a share in a registered charge,
is payable under Scale 2 on the amount or value of the consideration.
6
The fee for an application for the registration of the transfer of a registered charge otherwise than for monetary consideration is payable under Scale 2 on —
a
the amount secured by the registered charge at the time of the transfer; or
b
where the transfer relates to more than one charge, the aggregate of the amounts secured by the registered charges at the time of the transfer.
7
The fee for an application for the registration of a transfer for the purpose of giving effect to a disposition otherwise than for monetary consideration of a share in a registered charge is payable under Scale 2 on —
a
the proportionate part of the amount secured by the registered charge at the time of the transfer; or
b
where the transfer relates to more than one charge, the proportionate part of the aggregate of the amounts secured by the registered charges at the time of the transfer.
8
This article takes effect subject to article 6 (large scale applications).
Large scale applications, etc.
6
1
In this article —
a
“large area application” means an application for first registration which relates to land having a total area exceeding 100 hectares;
b
“large scale application” means a scale fee application which relates to 20 or more land units, other than —
i
a large area application; or
ii
a low value application,
c
“low value application” means a scale fee application, other than an application for first registration, where the value of the land or the amount of the charge to which it relates (as the case may be) does not exceed £30,000;
d
“land unit” means —
i
the land registered under a single title number; or
ii
on a first registration application, a separate area of land not adjoining any other unregistered land affected by the same application.
2
Unless the application is one in respect of a charge lodged with another application and falls within article 5(2), the fee for a large scale application is the greater of —
a
the scale fee; and
b
a fee calculated on the following basis —
i
where the application relates to not more than 500 land units, £10 for each land unit; or
ii
where the application relates to more than 500 land units, £5,000 plus £5 for each land unit in excess of 500, up to a maximum of £40,000.
3
The fee for a large area application is the Scale 1 fee and if the registrar considers that the cost of the work involved in dealing with the application would substantially exceed the scale fee otherwise payable, he may direct that an additional fee be paid but the fee is not to exceed the cost of the work involved.
4
If a large area application or a large scale application is a voluntary application, the fee payable under this article is reduced in accordance with article 2(6).
PART 3
Valuation
Valuation (first registration and registered estates)
7
1
For the purposes of this Order, the value of the estate in land, franchise, profit or share is the maximum amount for which, in the registrar’s opinion, it could be sold in the open market free from any charge —
a
in the case of a surrender, at the date immediately before the surrender;
b
in any other case, at the date of the application.
2
As evidence of the amount referred to in paragraph (1), the registrar may require a written statement signed by the applicant or his conveyancer or by any other person who, in the registrar’s opinion, is competent to make the statement.
3
Where an application for first registration is made on —
a
the purchase of a leasehold estate by the reversioner;
b
the purchase of a reversion by the leaseholder; or
c
any other like occasion,
and an unregistered interest is determined, the value of the land is the combined value of the reversionary and determined interests assessed in accordance with paragraphs (1) and (2).
Valuation (charges)
8
1
On an application for registration of a charge, the amount of the charge is —
a
where the charge secures a fixed amount, that amount;
b
where the charge secures further advances and the maximum amount that can be advanced or owed at any one time is limited, that amount;
c
where the charge secures further advances and the total amount that can be advanced or owed at any one time is not limited, the value of the property charged;
d
where the charge is by way of additional or substituted security or by way of guarantee, an amount equal to the lesser of —
i
the amount secured or guaranteed; and
ii
the value of the property charged.
e
where the charge secures an obligation or liability which is contingent upon the happening of a future event (“the obligation”), and is not a charge to which sub-paragraph (d) applies, an amount equal to —
i
the maximum amount or value of the obligation; or
ii
if that maximum amount is greater than the value of the property charged, or is not limited by the charge, or cannot be calculated at the time of the application, the value of the property charged.
2
Where a charge of a kind referred to in paragraph (1)(a) or (1)(b) is secured on unregistered land or other property as well as on a registered estate or registered charge, the fee is payable on an amount calculated as follows —
Value of the registered estate or registered charge Value of all the property charged × Amount of the charge
3
Where one deed contains two or more charges made by the same chargor to secure the same debt, the deed is to be treated as a single charge, and the fee for registration of the charge is to be paid on the lesser of —
a
the amount of the whole debt; and
b
an amount equal to the value of the property charged.
4
Where one deed contains two or more charges to secure the same debt not made by the same chargor, the deed is to be treated as a separate single charge by each of the chargors and a separate fee is to be paid for registration of the charge by each chargor on the lesser of —
a
the amount of the whole debt; and
b
an amount equal to the value of the property charged by that chargor.
5
In this article “value of the property charged” means the value of the registered estate or the amount of the registered charge or charges affected by the application to register the charge, less the amount secured by any prior registered charges.
PART 4
Fixed Fees and Exemptions
Fixed fees
9
1
Subject to paragraphs (2), (3) and (4), the fees for the applications and services specified in Schedule 3 shall be those set out in that Schedule.
2
The fee for an application under rule 140 shall be the aggregate of the fees payable for the services provided, save that the maximum fee for any one application shall be £200.
3
The registrar may, if he thinks fit, waive any fee or part of a fee or any category of fee payable under this article.
4
If —
a
having regard to the extent of the land to which an application for a search of the index map relates; or
b
in an application for the determination of the exact line of a boundary under rule 118, the registrar considers that the cost of the work involved in dealing with that application would substantially exceed any fee otherwise payable under this Order, such additional fee shall be payable as the registrar shall direct as appropriate to cover the excess cost of the work involved.
5
Notification of the additional fee under paragraph (4) shall be given to the applicant and, if he then elects to withdraw his application, no fee shall be payable.
Exemptions
10
No fee is payable in respect of any of the applications and services specified in Schedule 4.
PART 5
General and Administrative Provisions
Refund of fees
11
1
Where an amount exceeding the fee payable under this Order has been paid, there shall be refunded any excess remaining after the deduction, if the registrar so directs, of an amount not exceeding £10 in respect of the cost of repayment.
2
Where the person or firm lodging the application is an account holder, any amount to be refunded under paragraph (1) may at the discretion of the registrar be repaid to the account holder by crediting the amount to the account holder’s credit account.
3
If any application is cancelled or withdrawn no part of the fee shall be refunded unless —
a
the registrar so directs; or
b
article 9(5) applies.
Cost of surveys, advertisements and special enquiries
12
Unless the registrar directs otherwise, the applicant is to meet the costs of any survey, advertisement or other special enquiry that the registrar requires to be made or published in dealing with an application.
Applications not otherwise referred to
13
Upon an application for which no other fee is payable under this Order and which is not exempt from payment, there shall be paid such fee (if any) not exceeding a fee in accordance with Scale 1 on the value of the registered estate or on the amount of the charge as the registrar shall direct having regard to the work involved.
Method of payment
14
1
Fees payable under this Order shall be collected in money.
2
Except where the registrar otherwise permits, every fee shall be paid by means of a cheque or postal order crossed and made payable to the Land Registry.
3
Where there is an agreement with the applicant, a fee may be paid by direct debit to such bank account of the Land Registry as the registrar may from time to time direct.
4
Where the amount of the fee payable on an application is immediately quantifiable, the fee shall be payable on delivery of the application.
5
Where the amount of the fee payable on an application is not immediately quantifiable, the applicant shall pay the sum of £40 towards the fee when the application is made and shall lodge at the same time an undertaking to pay on demand the balance of the fee due, if any.
6
Where an outline application is made, the fee payable shall be the fee payable under paragraph (9) of Part 1 of Schedule 3 in addition to the fee otherwise payable under this Order.
Credit accounts
15
1
Any person or firm may, if authorised by the registrar, use a credit account in accordance with this article for the payment of fees for applications and services of such kind as the registrar shall from time to time direct.
2
To enable the registrar to consider whether or not a person or firm applying to use a credit account may be so authorised, that person or firm shall supply the registrar with such information and evidence as the registrar may require to satisfy him of the person or firm’s fitness to hold a credit account and the ability of the person or firm to pay any amounts which may become due from time to time under a credit account.
3
To enable the registrar to consider from time to time whether or not an account holder may continue to be authorised to use a credit account, the account holder shall supply the registrar, when requested to do so, with such information and evidence as the registrar may require to satisfy him of the account holder’s continuing fitness to hold a credit account and the continuing ability of the account holder to pay any amounts which may become due from time to time under the account holder’s credit account.
4
Where an account holder makes an application where credit facilities are available to him, he may make a request, in such manner as the registrar directs, for the appropriate fee to be debited to the account holder’s credit account, but the registrar shall not be required to accept such a request where the amount due on the account exceeds the credit limit applicable to the credit account, or would exceed it if the request were to be accepted.
5
Where an account holder makes an application where credit facilities are available to him, and the application is accompanied neither by a fee nor a request for the fee to be debited to his account, the registrar may debit the fee to his account.
6
A statement of account shall be sent by the registrar to each account holder at the end of each calendar month or such other interval as the registrar shall direct.
7
The account holder must pay any sums due on his credit account before the date and in the manner specified by the registrar.
8
The registrar may at any time and without giving reasons terminate or suspend any or all authorisations given under paragraph (1).
9
In this article “credit limit” in relation to a credit account authorised for use under paragraph (1) means the maximum amount (if any) which is to be due on the account at any time, as notified by the registrar to the account holder from time to time, by means of such communication as the registrar considers appropriate.
Signed by the authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Dated 17th July 2003
We concur
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 11th August 2003


text:
Citation and commencement
1
This Order may be cited as the Great Yarmouth Achievement Education Action Zone (Extension) Order 2003 and shall come into force on 17 th April 2003.
Interpretation
2
1
In this Order-
“Great Yarmouth Achievement Education Action Zone” means the Education Action Zone established by the Great Yarmouth Achievement Education Action Zone Order 2000 .
The extension of the Great Yarmouth Achievement Education Action Zone
3
The Great Yarmouth Achievement Education Action Zone is extended for a further period of two years beginning with 17 th April 2003.
David Miliband
Minister of State,
Department for Education and Skills
3 rd March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Education (School Organisation Plans) (England) (Amendment) Regulations 2003 and shall come into force on 1st June 2003.
Amendment of the Education (School Organisation Plans) (England) Regulations 1999
2
The Education (School Organisation Plans) (England) Regulations 1999 shall be amended as follows.
3
In regulation 3(2) there shall be inserted at the end the following subparagraph–
c
the manner in which, in exercising its functions and powers with a view to securing the provision of primary and secondary education as mentioned in paragraph (1), the authority will also secure–
i
the raising of standards,
ii
improved outcomes for all pupils,
iii
greater diversity in the type of schools in the authority’s area,
iv
increased collaboration between schools, and
v
greater community cohesion
.
4
In regulation 4–
a
for paragraphs (3) and (4) there shall be substituted the following paragraphs–
3
The authority shall —
a
prepare a further draft plan every year up to and including 2003; and
b
(without prejudice to paragraph (4)) prepare a draft plan every third year thereafter.
4
The authority shall in addition prepare a draft plan in any year in which they are not required to publish a draft plan by virtue of paragraph (3)(c) if there has been any change of policy or local circumstances relating to the provision of primary or secondary education since the last plan was prepared.
;
b
after paragraph (4) there shall be inserted –
5
The draft plan required to be published in 2003 shall be published by 1st August 2003.
6
The authority shall publish further draft plans by 1st June in the year that they are prepared.
7
Before publishing a draft plan the authority shall consult such persons as appear to them to be appropriate.
.
5
For regulations 6 and 7 there shall be substituted the following regulations —
Objections to and comments on draft plans
6
1
Any person may make objections to, or comments on, the draft plan.
2
Objections or comments to the draft plan required to be published in 2003 shall be sent to the authority within 11 weeks of the date of the publication of the notice under regulation 5 (or, if notices were published in different newspapers on different dates, the date of the publication of the last such notice).
3
Objections to, or comments on, draft plans published in subsequent years shall be sent to the authority within 2 months of the date of publication of that notice (or, if notices were published in different newspapers on different dates, the date of the last such notice).
Submission of draft plan to Committee
7
Within one month from the end of the period referred to in regulation 6 the authority shall submit the draft plan (whether as published under regulation 5 or as revised in the light of objections or comments made under regulation 6) to the committee together with copies of —
a
all objections and comments made (and not withdrawn in writing); and
b
the authority’s observations on the objections and comments.
.
6
In regulation 8(5)(a) after “objections” in both places where it occurs there shall be inserted “and comments”.
7
In regulation 12(1) after “objections” there shall be inserted “and comments”.
8
In regulation 12(2)(a)(i) and (ii) after “objections” there shall be inserted “and comments”.
David Miliband
Minister of State,
Department for Education and Skills
1st May 2003


text:
Citation and commencement
1
This Order may be cited as the Contracting Out (Local Education Authority Functions) (England) (Amendment) Order 2003 and shall come into force on the seventh day after the day on which it is made.
Amendment
2
The Contracting Out (Local Education Authority Functions) (England) Order 2002 shall be amended as set out below.
3
In Schedule 2 —
a
after paragraph (x), there is inserted “(xa) section 89B (Co-ordination of admission arrangements);”; and
b
after paragraph (bb) there is inserted “(bba) section 118A (Duties of LEA in respect of childcare);”.
4
In Schedule 3 after paragraph (s) there is inserted “(t) section 44 of the Education Act 2002 (duty to provide copies of accounts of maintained schools to Secretary of State).”.
David Miliband
Minister of State,
Department for Education and Skills
20th October 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Care Standards Commission (Registration) (Amendment) Regulations 2003 and shall come into force on 18th March 2003.
2
These Regulations apply to England only.
Amendment of the National Care Standards Commission (Registration) Regulations 2001
2
1
The National Care Standards Commission (Registration) Regulations 2001 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2 (interpretation) —
a
in paragraph (1) —
i
in the definition of “statement of purpose”, after paragraph (c) of that definition there shall be inserted the following definitions —
ca
in relation to a residential family centre, the written statement required to be compiled in relation to the residential family centre in accordance with regulation 4(1) of the Residential Family Centres Regulations 2002 ;
cb
in relation to a domiciliary care agency, the written statement required to be compiled in relation to the domiciliary care agency in accordance with regulation 4(1) of the Domiciliary Care Agencies Regulations 2002 ;
cc
in relation to a fostering agency, the written statement required to be compiled in relation to the fostering agency in accordance with regulation 3(1) of the Fostering Services Regulations 2002 ;
cd
in relation to a nurses agency, the written statement required to be compiled in relation to the nurses agency in accordance with regulation 4(1) of the Nurses Agencies Regulations 2002 ;
ce
in relation to a voluntary adoption agency, the written statement required to be compiled in relation to the voluntary adoption agency in accordance with regulation 3(1) of the Voluntary Adoption Agencies and the Adoption Agencies (Miscellaneous Amendments) Regulations 2003 ;
;
ii
the following definitions shall be inserted at the appropriate places —
“direct service provider” means a provider who supplies a domiciliary care worker who is employed by, and who acts for and under the control of, the provider;
“domiciliary care service user” means any person for whom a domiciliary care agency —
supplies a domiciliary care worker who is employed by the agency (including domiciliary care workers supplied by a direct service provider); or
provides services for the purpose of supplying him with a domiciliary care worker for employment by him;
“domiciliary care worker” means a person who —
is employed by a domiciliary care agency to act for, and under the control of, another person;
is introduced by a domiciliary care agency to a domiciliary care service user for employment by him; or
is employed by a direct service provider,
in a position which is concerned with the provision of personal care in their own homes for persons who by reason of illness, infirmity or disability are unable to provide it for themselves without assistance;
“nurse” means a registered nurse, registered midwife or registered health visitor ;
“nurses agency service user” means a person to whom a nurses agency —
supplies a nurse who is employed by the agency; or
provides services for the purpose of supplying him with a nurse for employment by him;
;
b
there shall be added at the end the following paragraph —
4
In these Regulations —
a
references to the supply of a nurse mean —
i
the supply of a nurse who is employed for the purposes of a nurses agency to act for and under the control of another person; and
ii
the introduction of a nurse by a nurses agency to a nurses agency service user for employment by him;
b
references to the supply of a domiciliary care worker mean —
i
the supply of a domiciliary care worker who is employed by a domiciliary care agency to act for and under the control of another person;
ii
the introduction of a domiciliary care worker by a domiciliary care agency to a domiciliary care service user for employment by him; and
iii
the supply of a domiciliary care worker employed by a direct service provider to a domiciliary care service user;
c
the terms “employed” and “employment” include employment under a contract of service or a contract for services, or otherwise than under a contract and whether or not for payment.
.
3
In regulation 8 (registers) —
a
in paragraph (1), the words “, other than that of voluntary adoption agency” shall be omitted;
b
after paragraph (2), there shall be inserted the following paragraph —
2A
For the purposes of paragraph 3 of Schedule 7, the reference to the address of an agency shall mean, in the case of a voluntary adoption agency, the address of the principal office and any branch of the agency.
.
4
In regulation 9 (contents of certificate), there shall be added at the end the following paragraph —
j
in the case of a voluntary adoption agency, the address of the principal office and any branch of the agency.
.
5
In Schedule 2 (documents to be supplied on an application for registration as a person who carries on an establishment or agency), in paragraph 10 —
a
in sub-paragraph (1), at the beginning, for the words “A statement” there shall be substituted the words “In the case of an establishment or agency other than a domiciliary care agency or a nurses agency, a statement”;
b
there shall be added at the end the following sub-paragraphs —
3
In the case of a domiciliary care agency, a statement confirming that —
a
where the applicant is an organisation, the documents specified in sub-paragraph (2) have been issued to the responsible individual;
b
the information specified in sub-paragraph (4) has been provided to the applicant in relation to any person who is supplied, or is intended to be supplied, as a domiciliary care worker by the domiciliary care agency;
c
the applicant will make the documents or information referred to in this sub-paragraph available for inspection by the Commission if the Commission so requires.
4
The following information is specified, that is to say, details of any criminal offences —
a
of which a person has been convicted, including details of any convictions which are spent within the meaning of section 1 of the Rehabilitation of Offenders Act 1974 and which may be disclosed by virtue of the Rehabilitation of Offenders (Exceptions) Order 1975 ; or
b
in respect of which a person has been cautioned by a constable and which, at the time the caution was given, he admitted.
5
In the case of a nurses agency, a statement confirming that —
a
the documents specified in sub-paragraph (2) have been issued —
i
in the case of any applicant, to any person who carries out, or is intended to carry out, the selection of any nurses to be supplied by the nurses agency; and
ii
where the applicant is an organisation, to the responsible individual;
b
the information specified in sub-paragraph (4) has been provided to the applicant in relation to any nurse who is supplied, or is intended to be supplied, by the nurses agency;
c
the applicant will make the documents or information referred to in this sub-paragraph available for inspection by the Commission if the Commission so requires.
.
6
In Schedule 7 (particulars to be recorded in the registers kept by the Commission), after paragraph 9 there shall be added the following paragraph —
Voluntary adoption agencies register
10
1
In the case of the register relating to voluntary adoption agencies, which of the following categories of voluntary adoption agency is applicable, each category to be indicated by reference to the following code —
domestic adoption services only DA intercountry adoption services only ICA domestic and intercountry adoption services DICA
2
For the purposes of sub-paragraph (1) —
“domestic adoption services” means services in relation to adoptions other than intercountry adoptions;
“domestic and intercountry adoption services” means domestic adoption services and intercountry adoption services;
“intercountry adoption” means —
the adoption of a child habitually resident in the British Islands by prospective adopters habitually resident outside the British Islands; or
the adoption of a child habitually resident outside the British Islands;
“intercountry adoption services” means services in relation to intercountry adoptions.
.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
25th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2003, and come into force on 3rd April 2003.
Interpretation
2
In these Regulations —
“ the Act ” means the Financial Services and Markets Act 2000;
“the principal regulations” means the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 .
Amendment of the principal regulations
3
The principal regulations are amended by:
a
inserting, after the definition of “single market directive information” in regulation 2 —
“the third life insurance directive” and “the third non-life insurance directive” each has the meaning given to it by paragraph 3 of Schedule 3 to the Act;
;
b
inserting, after regulation 9(2) —
2A
The references in paragraph (2) to the provisions mentioned in sub-paragraphs (a), (c), (d) and (e) are to those provisions as replaced by Directive 2000/64/ EC of the European Parliament and of the Council of 7 November 2000;
.
John Heppell,
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
13th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Health Professions Order 2001 (Legal Assessors) Order 2003 and shall come into force on 9th July 2003.
2
In this Order —
“ the Order ” means the Health Professions Order 2001;
“Committee”, except in the title of a Committee, means one of the Committees mentioned in article 2 of this Order.
2
At a hearing before —
a
the Investigating Committee in respect of an allegation under article 22(1)(b) of the Order or any matter which is treated as such an allegation in accordance with article 22(6) of the Order;
b
the Health Committee under Part V of the Order;
c
the Conduct and Competence Committee under Part V of the Order; or
d
the Council under article 37 of the Order,
any advice tendered by a legal assessor to the Council or a Committee shall, subject to article 3, be given in the presence of every party, or person representing a party, in attendance at the hearing.
3
Where the Council or a Committee —
a
has begun to deliberate on its decision; and
b
considers that it would be prejudicial to the discharge of its functions for the advice to be tendered in the presence of the parties or their representatives,
the advice may be given in the absence of the parties or their representatives.
4
Where advice is given in the absence of the parties or their representatives in accordance with article 3, the legal assessor shall —
a
as soon as practicable after completion of the deliberations inform each of the parties (or their representatives) in attendance at the hearing, of the advice he gave, together with any question which led to that advice; and
b
subsequently record those matters in writing and (unless that record forms part of a record made pursuant to article 5) give a copy to those parties or their representatives.
5
If on any occasion the Council or a Committee do not accept the advice tendered by a legal assessor at a hearing —
a
a record shall be made by the legal assessor of the advice given (together with any question which led to that advice), and of the decision not to accept it, together with the reasons for that decision; and
b
a copy of the record shall be given to every party, or person representing a party, in attendance at the hearing.
6
Copies of written advice, made for the purposes of article 4 or 5, shall be available, on application, to every party to the proceedings who does not attend, and is not represented at, the hearing before the Council or the Committee.
A.K. Galloway
Clerk of the Privy Council