text:
Title and commencement
1
These Regulations may be cited as the Common Agricultural Policy Single Payment and Support Schemes (Appeals) (England) Regulations 2004 and shall come into force on 10th November 2004.
Interpretation
2
1
In these Regulations- —
“appellant” means a farmer in relation to whom or in relation to whose holding a determination has been made by the Secretary of State, who wishes to have that determination reconsidered by the Secretary of State;
“Council Regulation” means Council Regulation ( EC ) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers;
“farmer” has the same meaning as in Article 2(a) of the Council Regulation; and
“holding” has the same meaning as in Article 2(b) of the Council Regulation.
2
In these Regulations a “determination” means a determination under —
a
any of the following Community instruments —
i
the Council Regulation,
ii
Commission Regulation (EC) No 2237/2003 laying down detailed rules for the application of certain support schemes provided for in Title IV of the Council Regulation,
iii
Commission Regulation (EC) No 795/2004 laying down detailed rules for the implementation of the single payment scheme provided for in the Council Regulation,
iv
Commission Regulation (EC) No 796/2004 laying down detailed rules for the implementation of cross-compliance, modulation and the integrated administration and control system provided for in the Council Regulation; and
b
legislation implementing any of those instruments in any part of the United Kingdom.
3
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date these Regulations are made.
Application
3
These Regulations shall apply in relation to a farmer whose holding is situated wholly or partly in England.
Establishment of appeals procedure
4
1
The Secretary of State may establish an appeal procedure, to be applied at the request of any appellant, for the further consideration of an initial determination made by her in relation to that appellant.
2
Any procedure so established may provide for consideration of the appeal by such persons, not exceeding three, as the Secretary of State may appoint for that purpose, with a view to their making a report of their conclusions in relation to the appeal and a recommendation as to how the appeal should be finally determined by her.
3
Where the Secretary of State establishes any such procedure as is mentioned in paragraph (2), she may —
a
pay to the persons so appointed such reasonable remuneration in respect of their functions under that procedure, and such travelling and other allowances, as she may determine; and
b
charge any appellant whose appeal is considered under the procedure so established such fee, not exceeding £100, as she may determine in respect of the costs incurred by her in operating that procedure in relation to the appeal in question.
Alun Michael
Minister of State,
Department for Environment, Food and Rural Affairs
6th October 2004
We consent,
Derek Twigg
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 2004


type: legislation

jurisdiction: UK

text:
Citation
1
This Order may be cited as the Education Act 2002 (Commencement No. 8) Order 2004.
Provisions coming into force
2
Sections 53 and 175 of the Education Act 2002 shall come into force except in relation to Wales on 1st June 2004.
David Miliband
Minister of State,
Department for Education and Skills
12th May 2004


text:
Citation
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (Georgia) Order 2004.
Double taxation arrangements to have effect
2
It is hereby declared —
a
that the arrangements specified in the Agreement set out in the Schedule to this Order have been made with the Government of Georgia with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of Georgia;
b
that those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration or enforcement of the domestic laws of the United Kingdom and the laws of Georgia concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Fixed Penalty Offences Order 2004 and shall come into force on 1st December 2004.
Amendment of the Road Traffic Offenders Act 1988
2
1
The offence under section 18 of the Road Traffic Act 1988 (authorisation of head-worn appliances for use on motor cycles) of driving or riding a motor cycle on a road while using eye protectors if —
a
the eye protectors are not of a type prescribed by regulations under that section, or
b
they are used in contravention of such regulations,
is a fixed penalty offence for the purposes of Part 3 of the Road Traffic Offenders Act 1988.
2
Accordingly, in Schedule 3 to the Road Traffic Offenders Act 1988 after the entry relating to section 16 of the Road Traffic Act 1988 there shall be inserted “ RTA section 18(3)” in column (1) and “Breach of regulations relating to head-worn appliances (eye protectors) for use on motor cycles” in column (2).
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
9th November 2004


text:
Citation, commencement and effect
1
These Regulations may be cited as the Insurance Companies (Reserves) (Tax) (Amendment) Regulations 2004 and shall come into force on 31st December 2004 and shall have effect in respect of accounting periods of insurance companies ending on or after that day.
Amendment of the Insurance Companies (Reserves)(Tax) Regulations 1996
2
1
The Insurance Companies (Reserves) (Tax) Regulations 1996 shall be amended as follows.
2
In regulation 2(1) for the definition of “equalisation reserve rules” substitute —
“equalisation reserve rules” means the rules in Chapter 7.5 of the Integrated Prudential Sourcebook made by the Financial Services Authority under the Financial Services and Markets Act 2000;
.
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Citation, commencement and application
1
These Regulations may be cited as the Air Quality Limit Values (Amendment) (England) Regulations 2004 and shall come into force on 3rd December 2004.
2
These Regulations shall apply in relation to England.
Definitions
3
In these Regulations —
“the 2003 Regulations ” means The Air Quality Limit Values Regulations 2003 .
Amendments to the 2003 Regulations concerning public participation
4
1
For the definition of “public” in regulation 2 of the 2003 Regulations substitute ““public” means natural or legal persons, including health care bodies and other organisations having an interest in ambient air quality and representing the interests of sensitive populations, consumers and the environment”.
2
In regulation 11 of the 2003 Regulations, insert after regulation 11(9) —
10
The Secretary of State shall, in accordance with paragraphs (11) and (12), ensure that the public is given early and effective opportunities to participate in the preparation and modification or review of the plans or programmes required to be drawn up under paragraph (3).
11
The Secretary of State shall —
a
ensure that the public is informed, whether by public notices or other appropriate means such as electronic media, about any proposals for such plans or programmes or for their modification or review;
b
ensure that relevant information about the proposals referred to in sub-paragraph (a) is made available to the public, including information about the right to participate in decision-making;
c
ensure that the public is entitled to make comments before decisions on the plans and programmes are made;
d
in making those decisions, take due account of the results of the public participation; and
e
having examined the comments made by the public, make reasonable efforts to inform the public about —
i
the decisions taken and the reasons and considerations on which those decisions are based; and
ii
the public participation process.
12
The Secretary of State shall publish any information required to carry out her functions under paragraphs 10 and 11 in such manner as she considers appropriate for the purpose of bringing it to the attention of the public and shall —
a
make copies of such information accessible to the public free of charge through the website of the Department for Environment, Food and Rural Affairs; and
b
specify in a notice on the website the detailed arrangements made to enable participation in the preparation, modification or review of the plans or programmes, including —
i
the address to which comments may be submitted; and
ii
the time-frame for any such comments allowing sufficient time for each of the different stages of public participation required by paragraphs 10 and 11.
3
In regulation 16 of the 2003 Regulations, omit regulation 16(15).
Other amendments to the 2003 Regulations
5
1
In the definition of “zone” in regulation 2 of the 2003 Regulations for “ http://www.defra.gov.uk/environment ” substitute “ http://www.defra.gov.uk/environment/airquality/article5/pdf/figure1.pdf ”.
2
In regulation 9(13), add after “equivalent results” “or, in relation to the sampling and measurement of PM 10 , which the Secretary of State considers can be demonstrated to display a consistent relationship to the reference method”.
3
In the table in Part II of Schedule 2 of the 2003 Regulations for “2. Target value for the protection of human health” substitute “2. Target value for the protection of vegetation”.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
4th November 2004


text:
1
This Order may be cited as the Value Added Tax (Reverse Charge) (Gas and Electricity) Order 2004 and shall come into force on 1st January 2005 in relation to supplies made on or after that date.
2
Amend Schedule 5 (services supplied where received) to the Value Added Tax Act 1994 as follows.
3
After paragraph 5 insert —
5A
The provision of access to, and of transport or transmission through, natural gas and electricity distribution systems and the provision of other directly linked services.
.
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
30th November 2004


text:
This Order may be cited as the General Chiropractic Council (Continuing Professional Development) Rules Order of Council 2004 and shall come into force on 1st September 2004.
A. K. Galloway
Clerk of the Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Point of Sale) Regulations 2004 and shall come into force on 21st December 2004.
2
These Regulations apply to England, Wales and Northern Ireland.
Interpretation
2
In these Regulations: —
“A5 size” means the size of an area of any shape which is equal to the area of size A5 in the A series of paper sizes defined in BS EN ISO 216: 2001
“ the Act ” means the Tobacco Advertising and Promotion Act 2002;
“advertisement” means a tobacco advertisement, except an advertisement which is not for cigarettes or hand-rolling tobacco which is in, or fixed to the outside of the premises of, a specialist tobacconist;
“gantry or display unit” means a gantry, display cabinet, tray or other product in which a tobacco product is held pending sale that is —
fixed to one place within fixed or movable premises and
primarily used for the display of tobacco products to customers;
“group of companies” means a holding company and its subsidiaries within the meaning of section 736 (interpretation) of the Companies Act 1985 or, as regards Northern Ireland, Article 4 (introductory and interpretation) of Part I of the Companies (Northern Ireland) Order 1986 ;
“other feature” means a logo, trademark, symbol, motto, print, type-face, colour or pattern of colour, picture, artwork, imagery, appearance, message or other indication that constitutes all or part of the recognisable identity of a product;
“point of sale” has the meaning given to it in regulation 3.
Point of sale
3
1
In these Regulations “point of sale” means a point within any fixed or movable premises at which a gantry or display unit is affixed.
2
Except where regulation 5 applies, these Regulations apply only to advertisements published at the point of sale and not elsewhere.
3
Subject to paragraph (4), where there is more than one point of sale within any premises, tobacco products may be advertised at only one of those points of sale.
4
Where premises are occupied by more than one separate business, tobacco products may be advertised at only one point of sale within the part of the premises occupied by each of those businesses.
5
For the purposes of paragraph (4), “separate business” means a business which is —
a
controlled and managed by a single individual who, or by a firm, company or group of companies which, controls and manages only one business which sells tobacco products in the premises in question;
b
managed separately from any other business in those premises which sells tobacco products; and
c
carried on in a distinct part of the premises which is separate from any other part of the premises in which tobacco products are sold.
6
“Place” in section 4(3)(a) of the Act means —
a
the point of sale; and
b
the place where a tobacco vending machine is located.
Advertising at point of sale
4
1
Subject to regulations 3 and 6 and the following paragraphs of this regulation, no offence is committed under section 2 of the Act by the publication on a gantry or display unit at a point of sale of an advertisement to which this regulation applies.
2
An advertisement to which this regulation applies may include —
a
the name, emblem or other feature (in any combination) of the tobacco product to which the advertisement relates;
b
the price of a packet of that product and the size of the packet to which the price relates,
but shall not include any other word or image.
3
An advertisement to which this regulation applies shall be presented in two dimensional format and shall be either —
a
a single advertisement which has; or
b
two or more advertisements which together have,
a surface area which does not exceed A5 size.
4
An advertisement to which this regulation applies shall include an area which is not less than 30% of the total surface area of the advertisement in which is displayed, in accordance with the requirements specified in paragraph (5), parallel to the floor the health warning “Smoking kills” or the health warning “Smoking seriously harms you and others around you” and the following information —
NHS Smoking Helpline 0800 169 0 169
.
5
The health warning and information which is required to be published by paragraph (4) shall be —
a
indelible;
b
legible;
c
printed in black Helvetica bold type on a white background;
d
in a font size consistent throughout the text which ensures that the text occupies the greatest possible proportion of the area specified for the warning and information;
e
in upper case and lower case type as set out in paragraph (4);
f
centred in the area in which the text is required to be printed;
g
surrounded by a black border outside the area specified for the health warning and information, which shall be not less than 3 millimetres and not more than 4 millimetres in width, which does not interfere with the text of the warning or information; and
h
irremovably printed on the advertisement.
6
This regulation does not apply to advertisements, published at the same point of sale at the same time, which have a surface area which in total exceeds A5 size.
Advertising on tobacco vending machines
5
1
Subject to the following paragraphs of this regulation, no offence is committed under section 2 of the Act by the publication of an advertisement on a vending machine from which only tobacco products are sold.
2
This regulation applies where the only features used on the vending machine to promote a tobacco product are contained in an advertisement which —
a
consists only of a picture of the packet of a tobacco product which is for sale from that vending machine;
b
is no larger than the surface area of the largest face of the packet of the tobacco product depicted; and
c
includes a health warning which —
i
is identical to a health warning which is required by regulation 7 (warnings on tobacco products) of the Tobacco Products (Manufacture, Presentation and Sale) (Safety) Regulations 2002 to be shown on the most visible surface of the tobacco product which is depicted in the picture;
ii
occupies not less than 30% of the surface area of the advertisement, and
iii
is surrounded by a black border, not less than 3 millimetres nor more than 4 millimetres in width, which is outside the area occupied by the warning and which does not interfere with the text of the warning.
3
If more than one different tobacco product is for sale from a vending machine, a picture of the packet of some or each of those products which complies with paragraph (2) may be published.
4
In this regulation “vending machine” means a tobacco vending machine which contains tobacco products which are not visible prior to purchase.
General provisions
6
1
The provisions of these Regulations which provide that no offence is committed under section 2 of the Act do not apply to an advertisement which —
a
is displayed electronically on a screen or contains a moving image or a moving background, or an image or background which changes colour or is illuminated by flashing lights; or
b
is, or is designed or adapted to be, accompanied by any sound or smell.
2
The provisions of these Regulations which provide that no offence is committed under section 2 of the Act apply only to advertisements which remain fixed in a static position.
3
Where by virtue of any provision of these Regulations a person does not commit an offence under section 2 of the Act by the publication of an advertisement in a place, no offence is committed by any person who —
a
causes that advertisement to be published in that place; or
b
prints, devises or distributes that advertisement for use in that place or causes it to be so printed, devised or distributed.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
16th March 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No. 3) Regulations 2004 and shall come into force on 4th October 2004.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 .
Amendments relating to relevant payments
2
1
In each of the provisions specified in paragraph (2) (sums to be disregarded in the calculation of income other than earnings) —
a
after the words “household fuel,” insert “council tax, water charges,”;
b
omit the words “, or is used for any council tax or water charges for which that claimant or member is liable”.
2
The provisions specified for the purposes of paragraph (1) are —
a
paragraph 15(2) of Schedule 9 to the Income Support Regulations ;
b
paragraph 15(2) of Schedule 7 to the Jobseeker’s Allowance Regulations.
3
In paragraph 13(2) of Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
after the words “household fuel” insert “, council tax, water charges”;
b
omit the words “or is used for any council tax or water charges for which that claimant or member is liable”.
4
In paragraph 13(2) of Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings) omit the words “or is used for any council tax or water charges for which that claimant or member is liable”.
Amendments relating to the Skipton Fund
3
1
In each of the provisions specified in paragraph (2) (notional capital) for the words “or the Independent Living Funds” substitute “, the Independent Living Funds or the Skipton Fund”.
2
The provisions specified for the purposes of paragraph (1) are —
a
regulation 51(3A)(a) of the Income Support Regulations ;
b
regulation 43(3A)(a) of the Housing Benefit Regulations ;
c
regulation 34(3A)(a) of the Council Tax Benefit Regulations ;
d
regulation 113(3A)(a) of the Jobseeker’s Allowance Regulations .
3
In each of the provisions specified in paragraph (4) (sums to be disregarded in the calculation of income other than earnings) for the words “and the Eileen Trust” substitute “, the Eileen Trust and the Skipton Fund”.
4
The provisions specified for the purpose of paragraph (3) are —
a
paragraph 39(7) of Schedule 9 to the Income Support Regulations ;
b
paragraph 34(7) of Schedule 4 to the Housing Benefit Regulations ;
c
paragraph 35(7) of Schedule 4 to the Council Tax Benefit Regulations .
5
After paragraph 41(6) of Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) add —
7
For the purposes of paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Skipton Fund.
.
6
In each of the provisions specified in paragraph (7) (evidence and information) for the words “or the Eileen Trust” substitute “, the Eileen Trust or the Skipton Fund”.
7
The provisions specified for the purposes of paragraph (6) are —
a
regulation 73(3)(a)(ii) of the Housing Benefit Regulations ;
b
regulation 63(3)(a)(ii) of the Council Tax Benefit Regulations .
Amendments relating to special guardianship allowances
4
1
After sub-paragraph (c) in each of the provisions specified in paragraph (2) (sums to be disregarded in the calculation of income other than earnings) add —
d
in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services) ;
.
2
The provisions specified for the purposes of paragraph (1) are —
a
paragraph 23(1) of Schedule 4 to the Housing Benefit Regulations ;
b
paragraph 24(1) of Schedule 4 to the Council Tax Benefit Regulations .
3
After sub-paragraph (d) in each of the provisions specified in paragraph (4) (sums to be disregarded in the calculation of income other than earnings) add —
e
in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services);
.
4
The provisions specified for the purposes of paragraph (3) are —
a
paragraph 25(1) of Schedule 9 to the Income Support Regulations ;
b
paragraph 26(1) of Schedule 7 to the Jobseeker’s Allowance Regulations .
5
After paragraph 68 of Schedule 10 to the Income Support Regulations (capital to be disregarded) insert —
68A
Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).
.
6
After paragraphs 70 of Schedule 5 to each of the Housing Benefit Regulations and the Council Tax Benefit Regulations (capital to be disregarded) insert —
70A
Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).
.
7
After paragraph 61 of Schedule 8 to the Jobseeker’s Allowance Regulations (capital to be disregarded) insert —
61A
Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).
.
Further amendment of the Income Support Regulations
5
1
In regulation 12(2) of the Income Support Regulations (relevant education) —
a
in sub-paragraph (a) for the words “a higher national diploma or higher national certificate of either the Business & Technology Education Council or the Scottish Vocational Education Council” substitute “a higher national certificate”;
b
for sub-paragraph (b) substitute —
b
any other course which is a course of a standard above advanced GNVQ or equivalent, including a course which is of a standard above a general certificate of education (advanced level) or a Scottish national qualification (higher or advanced higher).
.
2
In regulation 42 of the Income Support Regulations (notional income) —
a
in paragraph (6A)(c) omit the words from “, but this sub-paragraph” to the end of the sub-paragraph;
b
omit paragraphs (6B) and (6C).
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under Secretary of State,
Department for Work and Pensions
6th September 2004


text:
Citation, Commencement and Application
1
These Regulations may be cited as the Student Fees (Amounts) (England) Regulations 2004 and shall come into force on the day after the day on which they are made.
2
These Regulations apply in England.
Interpretation
3
In these Regulations —
“the 2004 Act ” means the Higher Education Act 2004;
“academic year” has the meaning given in regulation 2(6) of the Education (Student Support) (No.2) Regulations 2002 ;
“overseas institution” means an institution other than one in England, Wales, Scotland, Northern Ireland, the Channel Islands or the Isle of Man;
“sandwich course” has the meaning given in regulation 5(2) of the Education (Student Support) (No.2) Regulations 2002.
Prescribed basic and higher amounts
4
Subject to regulation 5, for the purpose of section 24 of the 2004 Act the basic amount is £1,200 and the higher amount is £3,000.
Prescribed basic and higher amounts for specified courses
5
For the purpose of section 24 of the 2004 Act the basic amount is £600 and the higher amount is £1500 in the following cases:
a
the final academic year of a course where that academic year is normally required to be completed after less than 15 weeks' attendance;
b
in respect of a sandwich course, an academic year
i
during which any periods of full time study are in aggregate less than 10 weeks; or
ii
if in respect of that academic year and any previous academic years of the course the aggregate of any one or more periods of attendance which are not periods of full time study at the institution (disregarding intervening vacations) exceeds 30 weeks;
c
in respect of a course of initial training of teachers (including such a course leading to a first degree) an academic year during which any periods of full time study are in aggregate less than 10 weeks;
d
in respect of a course provided in conjunction with an overseas institution, an academic year
i
during which any periods of full time study at the institution in the United Kingdom are in aggregate less than 10 weeks; or
ii
if in respect of that academic year and any previous academic years of the course the aggregate of any one of more periods of attendance which are not periods of full time study at the institution in the United Kingdom (disregarding intervening vacations) exceeds 30 weeks.
Alan Johnson
Minister of State
Department for Education and Skills
21st July 2004


text:
1
This Order may be cited as the Extradition Act 2003 (Amendment to Designations) Order 2004 and shall come into force on the expiry of one week beginning with the day on which it was made.
2
1
Articles 2(2) and 3(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 are amended by omitting the territories listed in paragraph (3).
2
Article 2(2) of the Extradition Act 2003 (Designation of Part 1 Territories) Order 2003 is amended by inserting (in the appropriate place) the territories listed in paragraph (3).
3
Those territories are:
Austria;
Cyprus;
France;
Hungary;
Latvia;
Lithuania;
Luxembourg;
Malta;
The Netherlands;
Poland;
Slovenia.
3
The entry in respect of Chile in article 4(2) of the Extradition Act 2003 (Designation of Part 2 Territories) Order 2003 is amended by substituting the words “(95 days)” for “(90 days)”.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
20th July 2004