text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Rent Officers (Housing Benefit Functions) Amendment Order 2003 and shall come into force —
a
in relation to any case where rent is payable at intervals of a whole number of weeks, on 7 th April 2003; and
b
in relation to any other case, on 1 st April 2003.
2
In this Order —
“ the Order ” means the Rent Officers (Housing Benefit Functions) Order 1997 ;
“the Scotland Order ” means the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 .
Amendment of the Order
2
1
Schedule 1 to the Order (determinations by rent officers for the purposes of housing benefit) shall be amended in accordance with the following paragraphs.
2
In paragraph 4(3) (local reference rents – exclusion of rent attributable to provision of services) paragraph (c) and the word “and” which immediately precedes it shall be omitted.
3
In paragraph 7 (ineligible charges and support charges) —
a
in sub-paragraph (1) —
i
in paragraph (a), head (i) and the word “and” which immediately follows it shall be omitted, and
ii
paragraph (b) and the word “and” which immediately precedes it shall be omitted;
b
in sub-paragraph (2), paragraph (b) and the word “and” which immediately precedes it shall be omitted.
4
In paragraph 11(4) (indicative rent levels – exclusion of rent attributable to provision of services) paragraph (c) and the word “and” which immediately precedes it shall be omitted.
Amendment of the Scotland Order
3
1
Schedule 1 to the Scotland Order (determinations by rent officers for the purposes of housing benefit) shall be amended in accordance with the following paragraphs.
2
In paragraph 4(3) (local reference rents – exclusion of rent attributable to provision of services) paragraph (c) and the word “and” which immediately precedes it shall be omitted.
3
In paragraph 7 (ineligible charges and support charges) —
a
in sub-paragraph (1) —
i
in paragraph (a), head (i) and the word “and” which immediately follows it shall be omitted, and
ii
paragraph (b) and the word “and” which immediately precedes it shall be omitted;
b
in sub-paragraph (2), paragraph (b) and the word “and” which immediately precedes it shall be omitted.
4
In paragraph 11(4) indicative rent levels – exclusion of rent attributable to provision of services) paragraph (c) and the word “and” which immediately precedes it shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd March 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) Regulations 2003 and shall come into force on 1st April 2003.
Amendment to regulation 3
2
In regulation 3 (interpretation) of the Road Vehicles (Construction and Use) Regulations 1986 , in the Table, sub-paragraph (j) of paragraph (i) of the meaning of the expression “overall length” shall be deleted.
Amendment to regulation 7
3
In regulation 7 of those Regulations (length of vehicles), in the Table,
a
in item 2, column 3, the maximum length of 18.75 shall be substituted;
b
in item 4, column 2, the words “other than a bus” shall be added after the word “vehicle”;
c
items 2A, 4A and 4B shall be inserted at the appropriate place together with the description of the class of vehicle and maximum length specified in the table below.
TABLE
1 2 3
Item Class of vehicle Maximum length (metres) Vehicle Combinations 2A A bus drawing a trailer 18.75 Motor vehicles 4A A bus with two axles 13.5 4B A bus with more than two axles 15
Amendment to regulation 13
4
1
In paragraph (3), sub-paragraph (a) of regulation 13 of those Regulations (turning circle - buses), shall be inserted the words “of 12m or less in overall length”, after the word “vehicle”;
2
In sub-paragraph (b) of that paragraph, after the word“is” shall be inserted the words “a rigid bus of over 12m in overall length or”.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
2nd February 2003


text:
Title, extent and commencement
1
This Order may be cited as the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) (Amendment) Order 2003; it extends to England only and comes into force on 31st January 2003.
Amendment of Pigs (Records, Identification and Movement) (Interim Measures) England (No. 2) Order 2002
2
In the Pigs (Records, Identification and Movement) (Interim Measures) England (No. 2) Order 2002 , in article 1(2), for “1st February 2003” there shall be substituted “1st November 2003”.
Whitty
Parliamentary Under Secretary of State
Department of Environment, Food and Rural Affairs
9th January 2003


text:
1
This Order may be cited as the A405 North Orbital Trunk Road (A41 North Western Avenue to M1 Junction 6) (Detrunking) Order 2003 and shall come into force on 1st May 2003.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/417, consisting of site plans 1 to 4 marked “The A405 North Orbital Trunk Road (A41 North Western Avenue to M1 Junction 6) (Detrunking) Order 200 ”, signed by authority of the Secretary of State for Transport and deposited at the ODPM –DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, East Sussex TN7 7GA
ii
“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
iii
“the trunk road” means the A405 North Orbital Trunk Road (A405).
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 will 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
11th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Household Electric Ovens) Regulations 2003 and shall come into force on 4th April 2003.
Interpretation
2
1
In these Regulations —
a
“the Electric Ovens Directive” means Commission Directive 2002/40/ EC implementing Council Directive 92/75/ EEC with regard to energy labelling of household electric ovens;
b
“the Parent Directive” means Council Directive 92/75/EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances; and
c
“the Directives” means the Electric Ovens Directive and the Parent Directive.
2
In these Regulations, expressions used which are also used in the Directives have the same meaning as in the Directives and —
“communication”, as a means by way of which appliances are offered for sale, means a printed or written communication or other means whereby the potential customer cannot be expected to see the appliance displayed, such as a written offer, a mail order catalogue, advertisements on the Internet or other electronic media;
“the Community” means (except in the title of the Council Regulation referred to in the definition of “Community language”) the European Community ;
“Community language” has the meaning given by Council Regulation 1958/1/EEC determining the languages to be used by the European Economic Community ;
“dealer” means a retailer or other person who offers for sale, displays or sells regulated household electric ovens to end-users;
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 (local weights and measures authorities) of the Weights and Measures Act 1985 ; and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“the harmonised standard” means EN 50304:2001 ;
“information notice” means a standard table of information relating to a regulated household electric oven;
“label” means a label relating to a regulated household electric oven which contains information on its consumption of energy (whether or not it also contains other information);
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“regulated household electric oven” has the meaning given by regulation 3(5);
“sale” includes hire and hire-purchase and related expressions shall be construed accordingly; and
“supplier” means the manufacturer of a regulated household electric oven or his authorised representative in the Community or the person who places the household electric oven on the Community market.
Scope
3
1
Subject to paragraph (2) and regulation 4, these Regulations apply to mains operated household electric ovens including ovens which are part of larger appliances.
2
These Regulations do not apply to —
a
ovens that can also use other energy sources;
b
ovens (being ovens which do not fall within the scope of the harmonised standard) of a description set out in paragraph (3); or
c
portable ovens, being appliances other than fixed appliances, having a mass of less than 18 kg , provided they are not designed for built-in installations.
3
The ovens to which these Regulations do not apply pursuant to paragraph (2)(b) (ovens which do not fall within the scope of the harmonised standard) are ovens of the following descriptions —
a
microwave ovens and microwave combination ovens;
b
small cavity ovens, that is to say, ovens with the following dimensions related to useable volume:
i
both width and depth less than 250mm; or
ii
height less than 120mm; or
c
ovens without adjustable temperature control.
4
These Regulations apply to household electric ovens notwithstanding that they are sold or displayed for non-household use.
5
A household electric oven to which these Regulations apply is referred to as a regulated household electric oven.
6
These Regulations apply to the hot steam function of a regulated household electric oven (notwithstanding that the harmonised standard does not apply).
Other Exclusions
4
1
Nothing in these Regulations shall apply to the rating plate or its equivalent affixed for safety purposes to a household electric oven.
2
Except as provided in regulation 3(6), nothing in these Regulations shall apply to the energy consumption of the steam functions of a regulated household electric oven.
3
Nothing in these Regulations shall apply to the heating functions of a regulated household electric oven other than —
a
the conventional heating function, that is to say, where food is cooked by radiation and natural convection only; and
b
forced air circulation, that is to say, heat transmission of the food by forced air convection, that is, circulating the air with the help of a fan.
4
There shall be no obligation on any person to label or provide information notices in accordance with these Regulations in respect of models of household electric oven of which production has ceased before 1st January 2003; but if an appliance has been labelled or an information notice provided in respect of it, these Regulations shall apply.
5
There shall be no obligation on any person to label or provide information notices in accordance with these Regulations in respect of second hand household electric ovens; but if a second hand appliance sold or displayed by a dealer is labelled or an information notice is provided in respect of it, these Regulations apply to the extent that they impose obligations on the dealer.
6
These Regulations do not impose obligations on a supplier or dealer in relation to a household electric oven which the supplier or dealer has reasonable grounds to believe is for use by an end user in a country outside the Community.
Obtaining the information required by these Regulations
5
1
The information required by regulations 6 to 9 shall, where applicable, be obtained by measurements made in accordance with the harmonised standards.
2
Information obtained other than in accordance with paragraph (1) shall be taken for the purposes of these Regulations not to meet the relevant requirement.
Placing on the market: technical documentation
6
1
No supplier shall place on the market a regulated household electric oven unless he has established technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
2
The technical documentation referred to in paragraph (1) shall include —
a
the name and address of the supplier;
b
a general description of the model, sufficient for it to be unequivocally and easily identified;
c
information (including drawings as relevant) on the main design features of the electric oven and, in particular, items which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out on the electric oven in accordance with the test procedures of the harmonised standards;
f
test reports, where available, including those carried out by relevant notified organisations as defined under Community legislation other than the Directives;
g
where values are derived from those obtained for similar models, the same information for those models; and
h
operating instructions, if any.
3
For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
4
The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the last regulated household electric oven of the model has been manufactured.
Supplier’s duties in respect of labels
7
1
All suppliers placing on the market regulated household electric ovens shall supply a label in accordance with the following provisions of this regulation.
2
The label shall in all respects comply with Schedules 1 (the label) and 4 (energy efficiency classification) and in the case of a multi cavity oven each cavity shall have its own label except a cavity which does not fall within the scope of the harmonised standards as described in regulation 3(3).
3
The supplier shall supply the necessary labels free of charge to dealers.
4
A supplier may choose his own system for delivery of labels.
5
Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
Supplier’s duties in respect of the information notice
8
1
A supplier of a regulated household electric oven shall provide with that oven an information notice in accordance with this regulation.
2
The information notice shall be in the relevant language version and shall comply with Schedules 2 (the information notice) and 4 (energy efficiency classification).
3
Where the supplier provides a product brochure, the brochure shall contain an information notice, and the supplier shall provide the product brochure with each electric oven free of charge.
4
Where the supplier does not provide a product brochure, he shall provide an information notice free of charge with the electric oven, with any other literature provided therewith.
Supplier’s deemed consent to publication of information
9
The supplier shall be deemed to consent to the publication of the information given on a label or in an information notice.
Supplier’s duties in respect of the accuracy of labels and information notices
10
1
The supplier shall ensure that the information in an information notice or on a label which he supplies to a dealer is accurate.
2
Paragraph (1) is without prejudice to any right of action which any person may have apart from these Regulations whether against the supplier, dealer or any other person arising from any inaccuracy of information in an information notice or a label.
Dealer’s duty in respect of displayed regulated household electric ovens
11
1
A dealer who displays a regulated household electric oven to end-users shall place the appropriate label (that is to say, the label supplied by the supplier in accordance with regulation 7 or, where the supply is in another member State, in accordance with Article 3(1) of the Parent Directive) in the relevant language version on the door of the appliance so that the label remains clearly visible and is not obscured whenever the electric oven is displayed.
2
In the case of a multi-cavity oven each cavity shall have its own label except a cavity which does not fall within the scope of the harmonised standards as described in regulation 3(3).
Information in respect of mail order and other distance sales
12
Where a person offers a regulated household electric oven (including a built - in oven for an integrated kitchen) for sale by means of a communication that person shall ensure that the communication —
a
is in the relevant language version; and
b
includes the information specified in Schedule 3 (mail order and other distance selling) and describes the electric oven in accordance with Schedule 4 (energy efficiency classification).
Information in other Community languages
13
Schedule 5 (which sets out Annex V (Translation of Terms to be used in the Label and Fiche) to the Electric Ovens Directive) has effect for the purpose of making provision for the equivalent in other Community languages of the terms in English given in Schedules 1, 2 and 3.
Misleading information
14
1
A person shall not display any label, mark, symbol or inscription (other than those required by these Regulations) which relates to the energy consumption of a regulated household electric oven and which does not comply with the requirements of these Regulations, if such display is likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme .
Presumption of compliance
15
Unless there is evidence to the contrary, labels and information notices shall be deemed to comply with the provisions of these Regulations.
Enforcement and offences
16
1
Subject to paragraph (3), it shall be the function of every enforcement authority to enforce these Regulations within its area.
2
Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings for an offence.
3
Schedule 6 shall have effect with regard to offences, enforcement of these Regulations and other related matters.
Transitional provisions
17
On or before 30th June 2003 —
a
the placing on the market, offering for sale or display of regulated household electric ovens; or
b
the distribution of communications relating thereto,
in respect of which the requirements of these Regulations are not complied with shall be permitted; provided that where a regulated household electric oven is offered for sale or displayed or a communication is distributed in respect of it and it has —
i
a label placed on it containing (or purporting to contain) the information required by regulation 7; or
ii
an information notice or product brochure provided in respect of it containing (or purporting to contain) the information required by regulation 8,
the remaining requirements of these Regulations shall apply.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
14th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Miscellaneous Amendments) (No.2) Regulations 2003 and shall come into force–
a
for the purposes of regulations 1 to 5, on 1st October 2003;
b
for the purposes of regulation 6, on 6th October 2003.
Amendment of the Income Support (General) Regulations 1987
2
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “employment zone contractor” there shall be inserted the following definition–
“ ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 1973 .
.
3
In paragraph 14ZA of Schedule 2 (applicable amounts) –
a
sub-paragraph (2) shall be omitted;
b
in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;
c
in sub-paragraph (3A)–
i
in paragraph (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;
ii
paragraph (b) shall be omitted;
d
in sub-paragraph (4)–
i
paragraph (b) shall be omitted;
ii
for paragraph (c) there shall be substituted–
c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
.
4
In Schedule 9 (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 25–
i
in sub-paragraph (1)(a) after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 ”;
ii
after sub-paragraph (1) there shall be inserted–
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
;
b
for paragraph 76(1) there shall be substituted–
76
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
;
c
after paragraph 76 there shall be inserted the following paragraph–
77
Any ERA payment.
.
5
In Schedule 10 (capital to be disregarded)–
a
in paragraph 44 for the words “under the provisions of Order 80 of the Rules of the Supreme Court, the Country Court under Order 10 of the County Court Rules 1981” there shall be substituted “or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998” ;
b
in paragraph 45 for the words “Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965” there shall be substituted “section 13 of the Children (Scotland) Act 1995 ”;
c
for paragraph 66(1) there shall be substituted–
66
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
;
d
after paragraph 66 the following paragraphs shall be added–
67
Any payment made under the Community Care (Direct Payments) Act 1996 , regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968 .
68
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
69
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.
.
Amendment of the Jobseeker’s Allowance Regulations 1996
3
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 1(3) (interpretation), after the definition of “employment zone contractor” there shall be inserted the following definition–
“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment Training Act 1973 .
.
3
In Schedule 1 (applicable amounts)–
a
in paragraph 17 –
i
sub-paragraph (2) shall be omitted;
ii
in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;
iii
in sub-paragraph (3A)–
aa
in paragraph (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;
bb
paragraph (b) shall be omitted;
iv
in sub-paragraph (4)–
aa
paragraph (b) shall be omitted;
bb
for paragraph (c) there shall be substituted–
c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
;
b
in paragraph 20J –
i
in sub-paragraph (1) the words “and in receipt of” shall be omitted;
ii
sub-paragraph (2) shall be omitted;
iii
in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;
iv
in sub-paragraph (3A)–
aa
in paragraph (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;
bb
paragraph (b) shall be omitted;
v
in sub-paragraph (4)–
aa
paragraph (b) shall be omitted;
bb
for paragraph (c) there shall be substituted–
c
in any other case, the member who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
.
4
In Schedule 7 (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 26 –
i
in sub-paragraph (1)(a) after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002”;
ii
after sub-paragraph (1) there shall be inserted–
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
;
b
for paragraph 72(1) there shall be substituted–
72
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
;
c
after paragraph 72 there shall be inserted the following paragraph–
73
Any ERA payment.
;
5
In Schedule 8 (capital to be disregarded)–
a
in paragraph 42 for the words “under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981” there shall be substituted “or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998” ;
b
in paragraph 43 for the words “Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965” there shall be substituted “section 13 of the Children (Scotland) Act 1995”;
c
for paragraph 59(1) there shall be substituted–
59
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
;
d
after paragraph 59 the following paragraphs shall be added–
60
Any payment made under the Community Care (Direct Payments) Act 1996, regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968.
61
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
62
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.
.
Amendment of the Housing Benefit (General) Regulations 1987
4
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation) after the definition of “employment zone contractor” there shall be inserted the following definition–
“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 1973 .
.
3
In Schedule 1 (ineligible service charges)–
a
in paragraph 1(a)(iv), for the words “where a qualifying payment is not made in respect of such cleaning;” there shall be substituted–
where a payment is not made in respect of such cleaning by a local authority (including, in relation to England, a county council) or the National Assembly for Wales to the claimant or his partner, or to another person on their behalf;
; and
b
in paragraph 7, the definition of “qualifying payment” shall be omitted.
4
In paragraph 14ZA of Schedule 2 (applicable amounts)–
a
sub-paragraph (2) shall be omitted;
b
in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;
c
in sub-paragraph (3A)–
i
in paragraph (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;
ii
paragraph (b) shall be omitted;
d
in sub-paragraph (4)–
i
paragraph (b) shall be omitted;
ii
for paragraph (c) there shall be substituted–
c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
5
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)–
a
in paragraph 23 –
i
in sub-paragraph (1)(a) after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002”;
ii
after sub-paragraph (1) there shall be inserted–
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
;
b
for paragraph 75(1) there shall be substituted–
75
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
;
c
After paragraph 75 there shall be inserted the following paragraph–
76
Any ERA payment.
.
6
In Schedule 5 (capital to be disregarded)–
a
paragraph 45 shall be omitted;
b
in paragraph 46 for the words “under the provisions of Order 80 of the Rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981” there shall be substituted “or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998” ;
c
in paragraph 47 , for the words “Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965” there shall be substituted “section 13 of the Children (Scotland) Act 1995”;
d
for paragraph 68(1) there shall be substituted–
68
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
.
e
after paragraph 68 the following paragraphs shall be added–
69
Any payment made under the Community Care (Direct Payments) Act 1996, or regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968.
70
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
71
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.
.
Amendment of the Council Tax Benefit (General) Regulations 1992
5
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) (interpretation), after the definition of “employment zone contractor” insert the following definition–
“ERA payment” means a payment made in respect of participation in the Employment Retention and Advancement Scheme for the provision of assistance to individuals to improve their job retention or career advancement (or both) under section 2 of the Employment and Training Act 1973 .
.
3
In paragraph 16 of Schedule 1 –
a
sub-paragraph (2) shall be omitted;
b
in paragraph (b) of sub-paragraph (3) the words “or ceases to be treated as entitled” shall be omitted;
c
in sub-paragraph (3A)–
i
in paragraph (a) before “the Sunday” there shall be inserted “where sub-paragraph (3)(a) applies,”;
ii
paragraph (b) shall be omitted;
d
in sub-paragraph (4)–
i
paragraph (b) shall be omitted;
ii
for paragraph (c) there shall be substituted–
c
in any other case, the person who has been entitled to a carer’s allowance ceased to be entitled to that allowance.
4
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)–
a
In paragraph 24(1) –
i
in paragraph (1)(a) after “(permitted allowances)” there shall be inserted “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002”;
ii
after sub-paragraph (1) there shall be inserted–
1A
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
b
For paragraph 74(1) there shall be substituted–
74
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
.
c
After paragraph 74 there shall be inserted the following paragraph–
75
Any ERA payment.
.
5
In Schedule 5 (capital to be disregarded)–
a
paragraph 34 shall be omitted;
b
in paragraph 46 for the words “under the provisions of Order 80 of the rules of the Supreme Court, the County Court under Order 10 of the County Court Rules 1981” there shall be substituted “or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998” ;
c
in paragraph 47 for the words “Rule 43.15 of the Act of Sederunt (Rules of the Court of Session 1994) 1994 or under Rule 131 of the Act of Sederunt (Rules of the Court, consolidation and amendment) 1965” there shall be substituted “section 13 of the Children (Scotland) Act 1995”;
d
for paragraph 68(1) there shall be substituted–
68
–
1
Any payment made by a local authority, or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
.
e
after paragraph 68 the following paragraphs shall be added–
69
Any payment made under the Community Care (Direct Payments) Act 1996, regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968.
70
Any payment made to the claimant in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
71
Any ERA payment but only for a period of 52 weeks from the date of receipt of that payment.
.
Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003
6
1
The Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 shall be amended in accordance with the following provisions of this regulation.
2
In Schedule 2 for paragraph 21(1)(d) of the Third Schedule (capital to be disregarded) there shall be substituted–
d
by a local authority (including, in relation to England, a county council), or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
.
Andrew Smith
Secretary of State,
Department for Work and Pensions
7th September 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Export Control Act 2002 (Commencement & Transitional Provisions) Order 2003 and shall come into force on 30th October 2003.
2
In this Order, “ the Act ” means the Export Control Act 2002.
Commencement of provisions
2
1
Subject to paragraph (2) below, the provisions of the Act, other than those referred to in section 16(2) (being provisions, which came into force on the day that the Act was passed) shall come into force on 30th October 2003.
2
Section 15 of the Act shall come into force on 1st May 2004.
Transitional provisions
3
1
Notwithstanding the commencement of section 15 of the Act:
a
licences issued by the Secretary of State, pursuant to powers contained in orders made under the Import, Export and Customs Powers (Defence) Act 1939 , for the control of exportation from the United Kingdom, which have not ceased to have effect before 1st May 2004 shall continue to have effect until the same date as they would have had effect if those orders had not been revoked, and any licence shall be deemed on and after 1st May 2004 to have been made under the relevant order to be made under the Act.
b
Orders made under the provisions repealed by section 15 shall continue to apply in relation to any export which has occured before 1st May 2004 and to any export which takes place on or after that date in respect of which a licence has been issued before that date.
2
Any licence which continues to have effect under paragraph (1) and which authorises the export of goods comprising or including software or technology shall be deemed on or after 1st May 2004 to authorise to the same extent the transmission of that software or technology by fax, telephone or other electronic media.
Patricia Hewitt,
Secretary of State for Trade and Industry
8th October 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Doncaster and South Humber Healthcare National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Doncaster and South Humber Healthcare National Health Service Trust ;
“the new Trust” means the Doncaster and Bassetlaw Hospitals National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 9th October 2002 and on behalf of the new Trust on 28th November 2002.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Guernsey) Order 2003 and shall come into force on 29th December 2003.
Extension of Broadcasting Act 1996
2
The following provisions of the Broadcasting Act 1996 shall extend, with the modifications specified in Schedule 1 to this Order, to the Bailiwick of Guernsey —
a
in Part I (digital terrestrial television broadcasting), sections 1 to 20, 22 to 28, 30, 31, 33 to 39;
b
in Part II (digital terrestrial sound broadcasting), sections 40 to 72;
c
in Part III (amendments of Broadcasting Act 1990), sections 73 to 76, 78, 79, 82 to 89, 92 to 94, and 96;
d
Part IV (sporting and other events of national interest);
e
in Part V (Broadcasting Standards Commission), sections 106 to 126 and 128 to 130;
f
in Part VIII (miscellaneous and general), sections 142 to 148 and 150; and
g
Schedules 1 to 4, 8 and 10 and Part I of Schedule 11.
Amendment of Broadcasting Act 1990 (Guernsey) ( No. 2) Order 1991
3
The Schedule to the Broadcasting Act 1990 (Guernsey) (No. 2) Order 1991 is hereby amended in accordance with Schedule 2 to this Order.
Revocations
4
In the Broadcasting Act 1996 (British Broadcasting Corporation — Transmission Network) (Guernsey) Order 1997 , the following provisions are hereby revoked —
a
in article 2, the words “147(1)”; and
b
paragraph 1 of the Schedule.
A. K. Galloway
Clerk of the Privy Council


text:
1
This Order may be cited as the A41 Trunk road (Two Waters) (Detrunking) Order 2003 and shall come into force on 1st May 2003.
2
In this Order —
i
“the plan” means the plan folio numbered HA 10/OD/420, consisting of site plan marked “The A41 Trunk Road (Two Waters) (Detrunking) Order 200 ”, signed by authority of the Secretary of State for Transport and deposited at the ODPM –DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, East Sussex TN7 7GA;
ii
“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
iii
“the trunk road” means the A41 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 will 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
11th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Household Air Conditioners) Regulations 2003 and shall come into force on 4th April 2003.
Interpretation
2
1
In these Regulations —
a
“the Air Conditioners Directive” means Commission Directive 2002/31/ EC implementing Council Directive 92/75/ EEC with regard to energy labelling of household air-conditioners;
b
“the Parent Directive” means Council Directive 92/75/EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances; and
c
“the Directives” means the Air Conditioners Directive and the Parent Directive.
2
In these Regulations, expressions used which are also used in the Directives have the same meaning as in the Directives and —
“communication”, as a means by way of which appliances are offered for sale, means a printed or written communication or other means whereby the potential customer cannot be expected to see the appliance displayed, such as a written offer, a mail order catalogue, advertisements on the Internet or other electronic media;
“the Community” means (except in the title of the Council Regulation referred to in the definition of “Community language”) the European Community ;
“Community language” has the meaning given by Council Regulation 1958/1/EEC determining the languages to be used by the European Economic Community ;
“dealer” means a retailer or other person who offers for sale, displays or sells regulated household air conditioners to end-users;
“enforcement authority” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 (local weights and measures authorities) of the Weights and Measures Act 1985 ; and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“the harmonised standards” means EN 255 - 1 and EN 814 - 1 ;
“information notice” means a standard table of information relating to a regulated household air conditioner;
“label” means a label relating to a regulated household air conditioner which contains information on its consumption of energy (whether or not it also contains other information);
“records” includes any books, documents, marks or symbols and any records in non-documentary form;
“regulated household air conditioner” has the meaning given by regulation 3(5);
“sale” includes hire and hire-purchase and related expressions shall be construed accordingly; and
“supplier” means the manufacturer of a regulated household air conditioner or his authorised representative in the Community or the person who places the regulated household air conditioner on the Community market.
Scope
3
1
Subject to the following provisions of this regulation and regulation 4, these Regulations apply to electric mains operated household air conditioners of the following descriptions —
a
air cooled air conditioners;
b
water cooled air conditioners;
c
liquid chilling packages;
d
air/air, water/air, air/water and water/water heat pumps with electrically driven compressors,
whether used in heating mode or for space cooling.
2
In relation to air conditioners of a description falling within paragraph (1) —
a
these Regulations apply to factory-made units which can be ducted;
b
in the case of units consisting of several parts, these Regulations apply only to those designed and supplied as a complete package;
c
units having two or more indoor sections connected to a single outdoor unit (multiple split system air conditioners or heat pumps) are excluded from the scope of these Regulations;
d
these Regulations do not apply to continuously variable control units;
e
in relation to liquid chilling packages, these Regulations apply only to cooling mode (and not to heating mode); and
f
without prejudice to paragraph (4), these Regulations do not apply to installations for use in industrial processes.
3
These Regulations do not apply to —
a
appliances that can also use other energy sources;
b
air-to-water and water-to-water appliances; or
c
units with an output (cooling power) greater than 12 kW .
4
These Regulations apply to household air conditioners notwithstanding that they are sold or displayed for non-household use.
5
A household air conditioner to which these Regulations apply is referred to as a regulated household air conditioner.
Other exclusions
4
1
Nothing in these Regulations applies to the rating plate or its equivalent affixed for safety purposes to a regulated household air conditioner.
2
There shall be no obligation on any person to label or provide information notices in accordance with these Regulations in respect of models of household air conditioners of which production has ceased before 1st January 2003, but if an appliance has been labelled or an information notice provided in respect of it, these Regulations shall apply.
3
There shall be no obligation on any person to label or provide information notices in accordance with these Regulations in respect of second hand household air conditioners; but if a second hand appliance sold or displayed by a dealer is labelled or an information notice is provided in respect of it, these Regulations apply to the extent that they impose obligations on the dealer.
4
These Regulations do not impose obligations on a supplier or dealer in relation to a household air conditioner which the supplier or dealer has reasonable grounds to believe is for use by an end user in a country outside the Community.
Obtaining the information required by these Regulations
5
1
The information required by regulations 6 to 9 shall, where applicable, be obtained by measurements made in accordance with the harmonised standards.
2
Information obtained other than in accordance with paragraph (1) shall be taken for the purposes of these Regulations not to meet the relevant requirement.
Placing on the market: technical documentation
6
1
No supplier shall place on the market a regulated household air conditioner unless he has established technical documentation sufficient to enable the accuracy of the information contained in a label or information notice to be assessed.
2
The technical documentation referred to in paragraph (1) shall include —
a
the name and address of the supplier;
b
a general description of the model, sufficient for it to be unequivocally and easily identified;
c
information (including drawings as relevant) on the main design features of the air conditioner and, in particular, items which appreciably affect its energy consumption;
d
the results of design calculations carried out, where these are relevant;
e
reports of relevant measurement tests carried out on the air conditioner in accordance with the test procedures of the harmonised standards;
f
test reports, where available, including those carried out by relevant notified organisations as defined under Community legislation other than the Directives;
g
where values are derived from those obtained for similar models, the same information for those models; and
h
operating instructions, if any.
3
Where the information relating to a particular model combination has been obtained by calculation on the basis of design, extrapolation from other combinations or both, the documentation shall include details of such calculations extrapolations or both, as the case may require, and of tests undertaken to verify the accuracy of the calculations undertaken (details of the mathematical model for calculating performance of split systems, and of measurements taken to verify this model).
4
For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
5
The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the last regulated household air conditioner of the model has been manufactured.
Supplier’s duties in respect of labels
7
1
All suppliers placing on the market regulated household air conditioners shall supply a label in accordance with the following provisions of this regulation.
2
The label shall in all respects comply with Schedules 1 (the label) and 3 (energy efficiency classification).
3
The supplier shall supply the necessary labels free of charge to dealers.
4
A supplier may choose his own system for delivery of labels.
5
Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
Supplier’s duties in respect of the information notice
8
1
A supplier of a regulated household air conditioner shall provide an information notice in accordance with this regulation.
2
The information notice shall be in the relevant language version and shall comply with Schedules 2 (the information notice) and 3 (energy efficiency classification).
3
Where the supplier provides a product brochure, the brochure shall contain an information notice, and the supplier shall provide the product brochure with each air conditioner free of charge.
4
Where the supplier does not provide a product brochure, he shall provide an information notice free of charge with the air conditioner, with any other literature provided therewith.
Supplier’s deemed consent to publication of information
9
The supplier shall be deemed to consent to the publication of the information given on a label or in an information notice.
Supplier’s duties in respect of the accuracy of labels and information notices
10
1
The supplier shall ensure that the information in an information notice or on a label which he supplies to a dealer is accurate.
2
Paragraph (1) is without prejudice to any right of action which any person may have apart from these Regulations whether against the supplier, dealer or any other person arising from any inaccuracy of information in an information notice or a label.
Dealer’s duty in respect of displayed regulated household air conditioners
11
A dealer who displays a regulated household air conditioner to end-users shall attach the appropriate label (that is to say, the label supplied by the supplier in accordance with regulation 7 or, where the supply is in another member State, in accordance with Article 3(1) of the Parent Directive) to the outside front or top of the air conditioner so that the label remains clearly visible and is not obscured whenever the air conditioner is displayed.
Information in respect of mail order and other distance sales
12
Where a person offers a regulated household air conditioner for sale by means of a communication, that person shall ensure that the communication —
a
is in the relevant language version; and
b
includes the information specified in Schedule 2 (the information notice) and describes the air conditioner in accordance with Schedule 3 (energy efficiency classification).
Information in other Community languages
13
Schedule 4 (which sets out Annex V (Translation of Terms to be used in the Label and Fiche) to the Air Conditioners Directive) has effect for the purpose of making provision for the equivalent in other Community languages of the terms in English given in Schedules 1 and 2.
Misleading information
14
1
A person shall not display any label, mark, symbol or inscription (other than those required by these Regulations) which relates to the energy consumption of a regulated household air conditioner and which does not comply with the requirements of these Regulations, if such display is likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme .
Presumption of compliance
15
Unless there is evidence to the contrary, labels and information notices shall be deemed to comply with the provisions of these Regulations.
Enforcement and offences
16
1
Subject to paragraph (3), it shall be the function of every enforcement authority to enforce these Regulations within its area.
2
Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings for an offence.
3
Schedule 5 shall have effect with regard to offences, enforcement of these Regulations and other related matters.
Transitional provisions
17
On or before 30th June 2003 —
a
the placing on the market, the offering for sale or display of regulated household air conditioners; or
b
the distribution of communications relating thereto,
in respect of which the requirements of these Regulations are not complied with shall be permitted; provided that where a regulated household air conditioner is offered for sale or displayed or a communication is distributed in respect of it and it has —
a
a label placed on it containing (or purporting to contain) the information required by regulation 7; or
b
an information notice or product brochure provided in respect of it containing (or purporting to contain) the information required by regulation 8,
the remaining requirements of these Regulations shall apply.
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
14th March 2003


text:
Citation and commencement
1
This Order may be cited as the Greater London Authority Elections (Election Addresses) Order 2003 and shall come into force on the day after it is made.
Interpretation
2
In this Order —
“the 1983 Act ” means the Representation of the People Act 1983 ;
“the 1999 Act ” means the Greater London Authority Act 1999;
“the PPER Act ” means the Political Parties, Elections and Referendums Act 2000 ;
“ the Authority ” means the Greater London Authority;
“candidate” means, unless the context otherwise requires, a person who stands nominated as a candidate for the office of Mayor at the election;
“election” means, unless the context otherwise requires, an election for the return of the Mayor at an ordinary election;
“election address” shall be construed in accordance with article 4;
“election booklet” shall be construed in accordance with article 7;
“elector” in relation to an “election” —
means a person who is registered in the register of local government electors for an electoral area in Greater London on the last day permitted for publication of notice of the election ; and
includes a person then shown in any such register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll;
“the GLRO ” means the Greater London returning officer;
“individual candidate” means a candidate other than a list candidate;
“list candidate” means a person included on a party list;
“party list” means a list submitted to the GLRO in accordance with paragraph 5 (party lists and individual candidates) of Part II of Schedule 2 to the 1999 Act on behalf of a party registered under Part II (registration of political parties) of the Political Parties, Elections and Referendums Act 2000;
“print” means print by whatever means (and “printer” shall be construed accordingly);
“registered political party” means a party which is registered under Part II (registration of political parties) of the PPER Act at the latest time by which the notice of election is required to be published;
“universal service provider” has the same meaning as in the Postal Services Act 2000 .
Mayoral candidate’s right to delivery of an election address
3
Each candidate at an election shall be entitled (subject to and in accordance with the provisions of this Order) to have an election address prepared on behalf of the candidate included in an election booklet prepared by the GLRO delivered at the Authority’s expense.
Election address
4
An election address, in relation to a candidate, is a statement prepared by the candidate’s election agent which complies with the provisions of articles 5 and 6.
Contents of election addresses
5
1
An election address must contain matter relating to the election only.
2
In particular, an election address must not contain —
a
any advertising material (other than material promoting the candidate as a candidate at the election); or
b
any material referring to any other candidate or to a candidate for election to the Assembly; or
c
any material appearing to the GLRO —
i
to be included with a view to commercial gain; or
ii
to be indecent, obscene or offensive; or
iii
to be such that its publication or distribution would be likely to amount to the commission of an offence.
3
An election address may include a representation of the registered emblem , or (as the case may be) one of the registered emblems, of a registered political party, if the address is prepared on behalf of an authorised party candidate.
4
In paragraph (3) above “authorised party candidate”, in relation to a registered political party, means a candidate who has been authorised to use the emblem in question by a certificate —
a
issued by or on behalf of the registered nominating officer of the party, and
b
received by the GLRO before the last time for the delivery of nomination papers for the election.
5
An election address must —
a
contain a statement to the effect that it has been prepared by the candidate’s election agent; and
b
give the name and address of the election agent.
Form of election addresses
6
1
Subject to any requirements imposed by or under this article, the format of a candidate’s election address may be determined by the candidate (and, in particular, may consist of a combination of words, pictures and artwork).
2
An election address must be printed on not more than two sides of A5 paper, but if such an address is printed on two sides of such paper —
a
it must, when submitted to the GLRO for inclusion in the election booklet, be accompanied by a second version printed on a single side of such paper; and
b
if the total number of candidates from whom election addresses have been accepted by the GLRO by the last time for the delivery of nomination papers for the election exceeds 15, the version to be included in the election booklet shall be the second version.
3
An election address must —
a
comply with such requirements as to typographical layout, margins and the use of colour as the GLRO may specify; and
b
comply with such other requirements as he may specify with a view to facilitating its reproduction as a page or pages of the election booklet.
4
An election address must, when submitted to the GLRO for inclusion in the election booklet, be accompanied —
a
where the address is to contain a photograph of the candidate, by two identical copies of the photograph, of which one is signed on the back by the candidate; and
b
in any case, by such copies of anything contained in the address as the GLRO may reasonably require in connection with the reproduction of the address.
The election booklet
7
1
The election booklet is a document prepared by the GLRO which contains the election addresses of all candidates who —
a
desire their election addresses to be included in the booklet, and
b
have submitted —
i
those addresses, and
ii
any additional material required under article 6(4) above,
to the GLRO by such date as he may determine.
2
If —
a
it appears to the GLRO that any of the requirements of articles 5 and 6 above have not been complied with in relation to an election address, or
b
a candidate fails to make the payment required by article 10 below in respect of an election address,
the GLRO shall decline to include the address in the election booklet.
Form of election booklet
8
1
The order in which the candidates' election addresses appear in the election booklet shall be determined by lot drawn by the GLRO.
2
The election booklet shall include, in addition to candidates' election addresses, a statement by the GLRO —
a
giving the date of the election and explaining the nature and purpose of the election booklet;
b
listing all the candidates for the office of Mayor (whether or not their election addresses are included in the booklet), in the order they are to appear on the ballot paper ;
c
listing all the candidates at the ordinary election for the return of London members by —
i
the names of the registered political parties that have been nominated (including thereunder the names of list candidates appearing in the order in which they appear on the party list); and
ii
the names of individual candidates;
in the order they are to appear on the ballot paper ;
d
listing all the candidates at the ordinary election for the return of constituency members, in alphabetical order by constituency and with the names of candidates for each constituency in the order they are to appear on the ballot paper .
3
The GLRO shall include in a listing of candidates under paragraphs (2)(b) to (d) any description of the candidate as stated on his nomination paper.
4
The election booklet may also include such other information as the GLRO is required or permitted by or under any enactment to publish in the booklet.
5
The election booklet must —
a
contain a statement that it has been published by the GLRO; and
b
give the name and address of the GLRO and those of the printer of the booklet.
6
Subject to paragraphs (1) to (5) above, the form of the election booklet shall be determined by the GLRO.
7
The election agent of each candidate whose election address has been accepted by the GLRO for inclusion in the booklet shall be given an opportunity to attend at a time and place notified to him by the GLRO in order to check, and submit to the GLRO typographical corrections to, the proof of the candidate’s address, by such time as the GLRO may require.
8
If the election agent of any such candidate fails to avail himself of that opportunity, the GLRO may —
a
make such typographical corrections to the proof as appear to him to be appropriate; and
b
proceed with the printing and distribution of the election booklet without further reference to the candidate or his election agent (and without incurring any liability for any errors in the candidate’s address).
9
No person other than —
a
the candidate in respect of whom an election address is included in the election booklet, or
b
the candidate’s election agent,
shall incur any civil or criminal liability in respect of the publication of that address in the election booklet or its dissemination in accordance with article 9 below.
Distribution of election booklets
9
1
The GLRO shall cause copies of the election booklet to be addressed and delivered to each elector at the Authority’s expense.
2
The election booklets shall be delivered by —
a
a universal service provider;
b
any other holder of a licence under Part II of the Postal Services Act 2000 which permits the holder of the licence to convey such booklets from one place to another ;
c
any means of conveyance and delivery for which a licence is not required, pursuant to section 7 of the Postal Services Act 2000.
3
The GLRO may in addition disseminate the contents of the election booklet by —
a
the publication by the GLRO of the contents on a website;
b
making copies of the booklet available to anyone who makes a request to the GLRO for such copies;
c
making the contents available, so far as practicable, in large print, in Braille, and on audio tape, to anyone who makes a request to the GLRO for a copy of the contents in such a format;
d
making copies of the booklet available at —
i
the offices of the Authority, the London Development Agency, the Metropolitan Police Authority, the London Fire and Emergency Planning Authority, and Transport for London;
ii
the offices of London borough councils and the Common Council of the City of London;
iii
public libraries.
Contributions by candidates towards cost of printing
10
1
Each candidate by whom an election address is submitted to the GLRO for inclusion in the election booklet shall pay the sum of £10,000 to the GLRO as a contribution towards the expenses incurred by him in respect of the printing of the election booklet.
2
The payment required by paragraph (1) above shall be made at such time, and in such manner, as the GLRO may determine.
3
A candidate shall be entitled to a full refund of any such payment if, but only if, the candidate has given notice of withdrawal of his candidature before the last time for the withdrawal of candidates.
4
If the total amount of the payments made by candidates under this article exceeds the total amount of the expenses incurred by the GLRO in respect of the printing of the election booklet, the GLRO shall —
a
divide the amount of the excess between those candidates in equal shares, and
b
send to each of those candidates a payment in respect of his share.
Contributions to printing cost as candidates' election expenses
11
1
The amount of any payment made by a candidate under article 10 above (or if paragraph (4) of that article applies, the net amount of any such payment after deducting the payment under that paragraph) shall be taken, for the purposes of Part II of the 1983 Act (the election campaign), to be an amount of election expenses incurred by the candidate in relation to the election.
2
Nothing in section 75(1) of the 1983 Act (restriction on third party expenditure) shall be taken to apply, in relation to any candidate, to any expenses incurred by the GLRO in consequence of the provisions of this Order.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
16th July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Health Partnerships National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Local Health Partnerships National Health Service Trust ;
“the new Trust” means the Norfolk Mental Health Care National Health Service Trust , the James Paget Healthcare National Health Service Trust and the Norwich Primary Care Trust as the context requires;
“the trust property” means the property specified in the three schedules of trust property more specifically described in paragraphs (1), (2) and (3) of article 2 of this Order.
Transfer of trust property
2
1
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Norfolk Mental Health Care National Health Service Trust and signed on behalf of the old Trust on 13th and 14th March 2001 and on behalf of the Norfolk Mental Health Care National Health Service Trust on 25th and 29th May 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Norfolk Mental Health Care National Health Service Trust.
2
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the James Paget Healthcare National Health Service Trust and signed on behalf of the old Trust on 13th and 14th March 2001 and on behalf of the James Paget Healthcare National Health Service Trust on 21st May 2001, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the James Paget Healthcare National Health Service Trust.
3
On 1st April 2003 the trust property specified in the schedule of trust property prepared and agreed upon by the old Trust and the Norwich Primary Care Trust and signed on behalf of the old Trust on 13th and 14th March 2001 and on behalf of the Norwich Primary Care Trust on 10th March 2003 and any rights and liabilities arising from that property , shall be transferred from the old Trust to the Norwich Primary Care Trust.
3
1
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the relevant new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the relevant new Trust.
2
In paragraph (1) of this article references to the relevant new Trust are to be read as references to the new Trust to which the property which is the subject of the trust instrument has been transferred under article 2 of this Order.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
1
This Order may be cited as the Immigration (Passenger Transit Visa) (Amendment No. 2) Order 2003 and shall come into force on 16th October 2003.
2
1
The Immigration (Passenger Transit Visa) Order 2003 shall be amended as follows.
2
In article 2(5), for “paragraph 4”, there shall be substituted “this Order”.
3
In article 3, for “A”, there shall be substituted “Subject to article 3A, a”.
4
After article 3, there shall be inserted:
Exemption from the requirement for a transit passenger to hold a transit visa
3A
1
A transit passenger is not required to hold a transit visa if he holds or a person with whom he arrives in the United Kingdom holds on his behalf:
a
a valid visa for entry to Canada or the United States of America and a valid airline ticket for travel via the United Kingdom from another country or territory to the country in respect of which the visa is held;
b
a valid visa for entry to Canada or the United States of America and a valid airline ticket for travel via the United Kingdom from the country in respect of which the visa was held to another country or territory;
c
a valid USA I-551 Permanent Resident Card issued on or after 21st April 1998;
d
a valid Canadian Permanent Resident Card issued on or after 28th June 2002;
e
a valid common format Category D visa for entry to an EEA State;
f
a valid common format residence permit issued by an EEA State pursuant to Council Regulation ( EC ) No. 1030/2002 ;
g
a diplomatic or service passport issued by the People’s Republic of China; or
h
a diplomatic or official passport issued by India.
2
In paragraph 1(b), “valid visa” shall include an expired visa provided that the visa in question did not expire more than two clear calendar days before the date of the arrival in the United Kingdom of the transit passenger with that visa.
.
5
For Schedule 1 there shall be substituted the Schedule to this Order.
3
The Immigration (Passenger Transit Visa) (Amendment) Order 2003 is hereby revoked.
Beverley Hughes
Minister of State, Home Office
14th October 2003


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Isle of Man) Order 2003 and shall come into force on 29th December 2003 and shall be deemed to have come into force immediately before the Communications (Isle of Man) Order 2003 .
Extension of the Broadcasting Act 1996
2
The following provisions of the Broadcasting Act 1996 shall extend, with the modifications specified in Schedule 1 to this Order, to the Isle of Man —
a
in Part I (digital terrestrial television broadcasting), sections 1 to 28, 30, 31 and 33 to 39;
b
in Part II (digital terrestrial sound broadcasting), sections 40 to 48, 50, 51 and 53 to 72;
c
in Part III (amendments of Broadcasting Act 1990), sections 73 to 76, 78, 79, 82, 83, 84, 86, 87 and 92;
d
Part IV (sporting and other events of national interest) (sections 97 to 105);
e
Part V (Broadcasting Standards Commission), sections 106 to 126 and 128 to 130;
f
Part VI (British Broadcasting Corporation), sections 131 to 133 and 136;
g
in Part VIII (miscellaneous and general), sections 142 to 148 and 150; and
h
Schedules 1 to 5, 8, 10 and Part I of Schedule 11.
Amendment of the Broadcasting Act 1990 (Isle of Man) ( No. 2) Order 1991
3
The Broadcasting Act 1990 (Isle of Man) (No. 2) Order 1991 is amended in accordance with Schedule 2 to this Order.
Revocations
4
In the Broadcasting Act 1996 (British Broadcasting Corporation — Transmission Network) (Isle of Man) Order 1997 , the following provisions are hereby revoked —
a
in article 2, the words “147(1)”; and
b
paragraph 1 of the Schedule.
A. K. Galloway
Clerk of the Privy Council


text:
1
These Regulations may be cited as the Dartford-Thurrock Crossing (Amendment) Regulations 2003 and shall come into force on 1st April 2003.
Amendments to The Dartford-Thurrock Crossing Regulations 1998
2
The Dartford-Thurrock Crossing Regulations 1998 are hereby amended as follows:
1
For regulations 1(2) there shall be substituted —
In these Regulations, unless the context otherwise requires —
“axle”, “axle weight” and “wheel” have the same meaning as they have in the Road Vehicles (Construction and Use) Regulations 1986 for the purpose of those Regulations other than regulations 26 and 27;
“charge” means a charge imposed by regulation 4 of these Regulations, as distinct from and in addition to any road user charge;
“designated parking area” means an area laid out by the crossing operator for the parking, repair or refuelling of vehicles;
“registered keeper” in relation to a vehicle means the person in whose name the vehicle was at the relevant time registered under or by virtue of the Vehicle (Excise and Registration) Act 1994;
“road user charge” means a charge levied under a trunk road charging scheme made under section 168 of the Transport Act 2000;
“trailer” has the same meaning as in section 185 of the Road Traffic Act 1988;
“wheel weight” means the weight transmitted to the road surface by a wheel not transversely in line with any other wheel.
2
In regulation 3(3) for “tunnel offices” there shall be substituted “Crossing Offices”;
3
In regulation 4(1) for “toll” there shall be substituted “road user charge”;
4
For Parts I and II of the Table to regulation 4 there shall be substituted the following —
PART I
Time of Commencement of Passage Charge
Overall width Greater than 2.75 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £42.00 Greater than 2.75 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £21.00 Greater than 6.1 metres At any time £190.00 Overall length Greater than 18.75 metres and not more than 27.4 metres Passage commencing after 06.00 hours and before 22.00 hours £42.00 Greater than 18.75 metres and not more than 27.4 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £21.00 Greater than 27.4 metres At any time £190.00 Total weight of vehicle Greater than 150,000 kilograms At any time £190.00
PART II
Time of Commencement of Passage Charge
Overall width Greater than 3.65 metres and not more than 6.1 metres Passage commencing after 06.00 hours and before 22.00 hours £42.00 Greater than 3.65 metres and not more than 6.1 metres Passage commencing on or after 22.00 hours and on or before 06.00 hours £21.00 Greater than 6.1 metres At any time £190 Overall length Greater than 27.4 metres At any time £190.00 Total weight of vehicle Greater than 150,000 kilograms At any time £190.00
5
In regulation 5(1) for “the booklet entitled ‘Dangerous Traffic’, Ninth Edition issued in 1997” there shall be substituted “the booklet entitled `Dangerous Traffic', Eleventh Edition issued in 2001” .
6
In regulation 8(b) for “a toll or charge” there shall be substituted “a charge or road user charge”.
Revocation of previous regulations
3
The following regulations are hereby revoked —
The Dartford-Thurrock Crossing (Amendment) Regulations 1999
The Dartford-Thurrock Crossing (Amendment) Regulations 2000
The Dartford-Thurrock Crossing (Amendments) Regulations 2001
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
4th March 2003


text:
Title, commencement and interpretation
1
1
This Order may be cited as the Agricultural Holdings (Units of Production) (England) Order 2003 and shall come into force on 12th September 2003.
2
Any reference in this Order to a Community instrument is a reference to that instrument and any amendment of such instrument in force on the date this Order is made.
3
In this Order —
“Council Regulation 2529/01” means Council Regulation ( EC ) No. 2529/01 on the common organisation of the market in sheepmeat and goatmeat ;
“Council Regulation 1251/99” means Council Regulation (EC) No. 1251/99 establishing a support system for producers of certain arable crops ;
“Council Regulation 1254/99” means Council Regulation (EC) No. 1254/99 on the common organisation of the market in beef and veal .
Assessment of productive capacity of land
2
1
Paragraphs (2) and (3) of this article have effect for the purpose of the assessment of the productive capacity of a unit of agricultural land situated in England, in order to determine whether that unit is a commercial unit of agricultural land within the meaning of sub-paragraph (1) of paragraph 3 of Schedule 6 to the Agricultural Holdings Act 1986.
2
Where the land in question is capable, when farmed under competent management, of being used to produce any livestock, crop, fruit or miscellaneous product as is mentioned in any of the entries 1 to 6 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 2003, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry as read with any relevant note to that Schedule.
3
Where land capable, when farmed under competent management, of producing a net annual income is in receipt of hill farm allowance or is designated as set aside land, as is mentioned in entries 7 and 8 in column 1 of the Schedule to this Order, then —
a
the unit of production prescribed in relation to that use of the land shall be the unit in the entry in column 2 of that Schedule opposite to that entry, and
b
the amount determined, for the period of 12 months beginning with 12th September 2003, as the net annual income from that unit of production in that period shall be the amount in the entry in column 3 of that Schedule opposite to that entry.
Revocation
3
The Agricultural Holdings (Units of Production) (England) Order 2002 is revoked.
Whitty
Parliamentary Under-Secretary of State
Department for Environment, Food and Rural Affairs
19th August 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003.
2
Regulations 1 to 4 and 7 shall come into force on 8th January 2004.
3
Regulations 5, 6 and 8 shall come into force on 30th June 2004.
4
These Regulations extend to Great Britain. Regulations 4 and 7 and regulations 2 and 3 insofar as they relate to regulation 4 also extend to Northern Ireland.
Interpretation
2
1
In these Regulations —
“ Member State ” means a member state of the European Community or a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“supply” has the meaning given by section 46 of the 1987 Act ;
“the 1987 Act” means the Consumer Protection Act 1987;
“the 1995 Act ” means the Environment Act 1995 ;
2
Expressions used in these Regulations which are also used in Council Directive 76/769/ EEC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations , as last amended by European Parliament and Council Directive 2002/61/ EC amending for the 19th time Council Directive 76/769/EEC and Commission Directive 2003/3/EC relating to restrictions on the marketing and use of “blue colourant” (twelfth adaptation to technical progress of Council Directive 76/769/EEC ) shall have the meaning they bear in that Directive.
Scope
3
1
These Regulations do not apply to —
a
the placing on the market or use of azo dyes or “blue colourant” for research and development or analysis purposes;
b
the carriage of azo dyes or “blue colourant” by rail, road, inland waterway, sea or air;
c
azo dyes or “blue colourant” exported to a country which is not a Member State; and
d
azo dyes or “blue colourant” in transit and subject to customs inspection, provided that they undergo no processing.
2
In this regulation “azo dyes” means those azo dyes referred to in regulation 4(1) and “blue colourant” means the colourant referred to in regulation 5.
Prohibition on the placing on the market and use of azo dyes
4
1
Azo dyes which, by reductive cleavage of one or more azo groups, may release in detectable concentrations one or more of the aromatic amines listed in Schedule 1 to these Regulations may not be used in textile and leather articles which may come into direct and prolonged contact with the human skin or oral cavity, including —
a
clothing, bedding, towels, hairpieces, wigs, hats, nappies and other sanitary items, sleeping bags;
b
footwear, gloves, wristwatch straps, handbags, purses or wallets, briefcases, chair covers, purses worn round the neck;
c
textile or leather toys and toys which include textile or leather garments; and
d
yarn and fabrics intended for use by the final consumer.
2
For the purposes of this regulation “detectable concentrations” means concentrations of aromatic amines above 30 ppm in the finished articles or in the dyed parts thereof.
3
No person shall supply, offer or agree to supply, expose or possess for supply any textile and leather articles referred to in paragraph (1) of this regulation unless they conform to the requirements set out in that paragraph.
4
The prohibition in paragraph (3) shall not apply to —
a
textile and leather articles placed on the market in a Member State before 11th September 2003; and
b
textile articles made of recycled fibres placed on the market in a Member State before 1st January 2005 provided that —
i
the amines are released by residues deriving from previous dyeing of the same fibres; and
ii
the amines referred to in paragraph (1) are released in concentrations below 70 ppm.
Prohibition on the placing on the market and use of “blue colourant”
5
1
No person shall supply, offer or agree to supply, expose or possess for supply, or use for colouring textile and leather articles, the “blue colourant” defined in Schedule 2 to these Regulations as a substance or constituent of preparations in concentrations higher than 0.1% by mass.
2
Paragraph (1) shall not prohibit a person from supplying, offering or agreeing to supply, exposing or possessing for supply “blue colourant” placed on the market in a Member State before 30th June 2004.
Offences and penalties
6
1
Any person who contravenes regulation 5, or causes or permits another person to contravene that regulation, shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable, on summary conviction, to a fine not exceeding the statutory maximum or to imprisonment not exceeding three months and, on conviction on indictment, to a fine not exceeding £5,000 or to imprisonment not exceeding six months.
3
Where an offence under paragraph (1) committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
4
In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where an offence under paragraph (1) committed by a partnership in Scotland is proved —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly.
7
In paragraph (6) “partner” includes a person purporting to act as a partner.
Regulations to be treated as safety regulations within the meaning of the 1987 Act
7
Regulation 4 and regulations 2 and 3 insofar as they relate to regulation 4 are safety regulations made under section 11 of the 1987 Act.
Powers of enforcing authorities in relation to “blue colourant”
8
1
This regulation applies to regulation 5.
2
For the purposes of this regulation, “enforcing authority” means —
a
in relation to England and Wales, the Environment Agency; and
b
in relation to Scotland, the Scottish Environment Protection Agency.
3
Any person who appears suitable to an enforcing authority may be authorised in writing by that enforcing authority, for the purpose of determining whether regulation 5 is being, or has been, complied with, to exercise any of the powers specified in paragraph (4).
4
The powers exercisable under paragraph (3) are the powers in paragraphs (a) to (m) of sub-section (4) of section 108 of the 1995 Act as modified by paragraph (5) of this regulation and subject to sub-sections (6) to (16) of that section.
5
For the purposes of paragraph (4), section 108 shall apply as if —
a
in paragraph (g), for the words “have caused or to be likely to cause pollution of the environment or harm to human health” there were substituted the words “be or contain a substance referred to in regulation 5 of the Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003”;
b
in paragraph (h), for the words in sub-paragraph (iii) there were substituted the words “to ensure that it is available for use as evidence in any proceedings for an offence under regulation 6 of the Controls on Certain Azo Dyes and “Blue Colourant” Regulations 2003”;
c
in paragraph (k), sub-paragraph (i) was omitted;
d
in paragraph (m), sub-paragraph (ii) was omitted;
e
in paragraph (15), the term “authorised person” included a person authorised under paragraph (1) of this regulation.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Competition and Consumers,Department of Trade and Industry
17th December 2003


text:
1
This Instrument may be cited as the Leeds City Council (Skelton Footbridge) Scheme 2003 Confirmation Instrument 2003 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.
2
The Leeds City Council (Skelton Footbridge) Scheme 2003 (“the Scheme”) is hereby confirmed without modifications.
3
The Scheme as confirmed is set out in the Schedule hereto (including the plan) and copies of the Scheme with its accompanying plan are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA, and at the offices of the Leeds City Council at Department of Legal Services, St. George House, Great House, 40 Great George Street, Leeds, LS1 3DL.
Signed by authority of the Secretary of State for Transport
Jonathan Blackie
Regional Director Government Office for the North East
10th November 2003