text:
Citation and Commencement
1
This Order may be cited as the Armed Forces (Entry, Search and Seizure) Order 2003 and shall come into force on 30th September 2003.
Interpretation
2
1
In this Order —
“ the Act ” means the Armed Forces Act 2001;
“custody” in relation to a person means military, air-force or naval custody;
“Part 2” means Part 2 of the Act;
“service disciplinary proceedings” means —
dealing summarily with a charge under section 76B of either of the 1955 Acts ;
summary trial of a charge under section 52D of the 1957 Act ;
proceedings before any of the summary appeal courts;
proceedings before a court-martial constituted under either of the 1955 Acts or the 1957 Act;
proceedings before the Courts-Martial Appeal Court;
proceedings before a Standing Civilian Court;
“the summary appeal courts” means the court established by section 83ZA of each of the 1955 Acts and the court established by section 52FF of the 1957 Act;
“unit” includes a ship or naval establishment.
2
For the purposes of this Order, the occupier of premises which are service living accommodation is —
a
if the premises are any building or part of a building within section 15(1)(a), any person for whose exclusive use as living accommodation or as a garage that building or part of a building is provided;
b
if the premises are any room, structure or area within section 15(1)(b), any person for whose use as sleeping accommodation that room, structure or area is provided;
c
if the premises are any locker within section 15(1)(c), the person for whose personal use in connection with his sleeping accommodation that locker is provided.
3
A reference in this Order to a numbered section is a reference, unless the contrary intention appears, to that section of the Act.
Provisions relating to search under section 2
3
1
A service policeman who detains a person or vehicle in exercise of the power conferred by section 2 need not conduct a search if it appears to him subsequently —
a
that no search is required; or
b
that a search is impracticable.
2
If a service policeman contemplates a search, other than a search of an unattended vehicle, in the exercise of the power conferred by section 2, it shall be his duty, subject to paragraph (4), to take reasonable steps before he commences the search to bring to the attention of the appropriate person —
a
if the service policeman is not in uniform, documentary evidence that he is a service policeman; and
b
whether he is in uniform or not, the matters specified in paragraph (3);
and the service policeman shall not commence the search until he has performed that duty.
3
The matters referred to in paragraph (2)(b) are —
a
the service policeman’s name and the name of his unit;
b
the object of the proposed search;
c
the service policeman’s grounds for proposing to make it; and
d
the effect of article 4(7) or (8), as may be appropriate.
4
A service policeman need not bring the effect of article 4(7) or (8) to the attention of the appropriate person if it appears to the service policeman that it will not be practicable to make the record in article 4(1).
5
On completing a search of an unattended vehicle or anything in or on such a vehicle in the exercise of the power conferred by section 2 a service policeman shall leave a notice —
a
stating that he has searched it;
b
giving the name of his unit;
c
stating that an application for compensation for any damage caused by the search may be made to that unit; and
d
stating the effect of article 4(8).
6
The service policeman shall leave the notice inside the vehicle unless it is not reasonably practicable to do so without damaging the vehicle.
7
Section 2 shall not give a service policeman who is not in uniform a power to stop a vehicle.
8
This article applies to vessels, aircraft and hovercraft as it applies to vehicles.
9
In this article “the appropriate person” means —
a
if the service policeman proposes to search a person, that person; and
b
if he proposes to search a vehicle, or anything in or on a vehicle, the person in charge of the vehicle.
Duty to make records concerning searches
4
1
Where a service policeman has carried out a search in the exercise of the power conferred by section 2, he shall make a record of it in writing unless it is not practicable to do so.
2
If —
a
a service policeman is required by paragraph (1) to make a record of a search; but
b
it is not practicable to make the record on the spot,
he shall make it as soon as is practicable after the completion of the search.
3
The record of a search of a person shall include a note of his name, if the service policeman knows it.
4
If a service policeman does not know the name of a person whom he has searched, the record of the search shall include a note otherwise describing that person.
5
The record of a search of a vehicle shall include a note describing the vehicle.
6
The record of a search of a person or a vehicle —
a
shall state —
i
the object of the search;
ii
the grounds for making it;
iii
the date and time when it was made;
iv
the place where it was made;
v
whether anything, and if so what, was found;
vi
whether any, and if so what, injury to a person or damage to property appears to the service policeman to have resulted from the search; and
b
shall identify the service policeman making it.
7
If a service policeman who conducted a search of a person made a record of it, the person who was searched shall be entitled to a copy of the record if he asks for one before the end of the period specified in paragraph (9).
8
If —
a
the owner of a vehicle which has been searched or the person who was in charge of the vehicle at the time when it was searched asks for a copy of the record of the search before the end of the period specified in paragraph (9); and
b
the service policeman who conducted the search made a record of it,
the person who made the request shall be entitled to a copy.
9
The period mentioned in paragraphs (7) and (8) is the period of 12 months beginning with the date on which the search was made.
10
The requirements imposed by this article with regard to records of searches of vehicles shall also apply to records of searches of vessels, aircraft and hovercraft.
Application to searches carried out by virtue of section 4
5
Articles 3 and 4 shall apply to the exercise by virtue of section 4 of the powers conferred by section 2 —
a
by that person’s commanding officer , or
b
by any member of Her Majesty’s forces who is authorised by that person’s commanding officer,
as they apply to the exercise of those powers by a service policeman.
Special provisions as to access
6
A service policeman may obtain access to excluded material or special procedure material on relevant residential premises for the purposes of an investigation of an offence to which section 5 applies by making an application under Schedule 1 and in accordance with that Schedule.
Application for warrants or orders by live television links
7
A service policeman may make —
a
any application for a warrant under section 5, or
b
any application under Schedule 1,
through live television links or other similar arrangements if it is not reasonably practicable for him to make the application in person.
Search warrants – safeguards
8
1
This article and articles 9 and 10 have effect in relation to the issue to service policemen under section 5 or Schedule 1 of warrants to enter and search premises ; and an entry on or search of premises under a warrant is unlawful unless it complies with this article and articles 9 and 10.
2
Where a service policeman applies for any such warrant, it shall be his duty —
a
to state the ground on which he makes the application;
b
to specify the premises which it is desired to enter and search; and
c
to identify, so far as is practicable, the articles to be sought.
3
An application for such a warrant shall be made ex parte and supported by a statement in writing, which shall —
a
specify the name, rank and unit of the person who applies for it;
b
state the ground on which he makes the application;
c
identify, so far as is practicable, the articles to be sought;
d
specify the premises which it is desired to enter and search; and
e
specify the enactment under which the warrant would be issued.
4
The service policeman shall answer on oath any question that the judicial officer hearing the application asks him.
5
A warrant shall authorise an entry on one occasion only.
6
A warrant —
a
shall specify —
i
the name, rank and unit of the person who applies for it;
ii
the date on which it is issued;
iii
the enactment under which it is issued; and
iv
the premises to be searched; and
b
shall identify, so far as is practicable, the articles to be sought.
7
Two copies shall be made of a warrant.
8
The copies shall be clearly certified as copies.
Execution of warrants
9
1
A warrant to enter and search premises may be executed by any service policeman.
2
Such a warrant may authorise persons to accompany any service policeman who is executing it.
3
Entry and search under a warrant must be within one month from the date of its issue.
4
Entry and search under a warrant must be at a reasonable hour unless it appears to the service policeman executing it that the purpose of a search may be frustrated on an entry at a reasonable hour.
5
Where the occupier of premises which are to be entered and searched is present at the time when a service policeman seeks to execute a warrant to enter and search them, the service policeman —
a
shall identify himself to the occupier and, if not in uniform, shall produce to him documentary evidence that he is a service policeman;
b
shall produce the warrant to him; and
c
shall supply him with a copy of it.
6
Where —
a
the occupier of such premises is not present at the time when a service policeman seeks to execute such a warrant; but
b
some other person who appears to the service policeman to be in charge of the premises is present,
paragraph (5) shall have effect as if any reference to the occupier were a reference to that other person.
7
If there is no person present who appears to the service policeman to be in charge of the premises, he shall leave a copy of the warrant in a prominent place on the premises.
8
A search under a warrant may only be a search to the extent required for the purpose for which the warrant was issued.
9
A service policeman executing a warrant shall make an endorsement on it stating —
a
whether the articles sought were found; and
b
whether any articles were seized, other than articles which were sought.
10
A warrant which —
a
has been executed, or
b
has not been executed within the time authorised for its execution,
shall be returned to the judicial officer.
11
A warrant which is returned under paragraph (10) shall be retained by the judicial officer for at least 2 years from its return.
12
If during the period for which a warrant is to be retained the occupier of the premises to which it relates asks to inspect it, he shall be allowed to do so.
Safeguards and execution of warrants – further provisions
10
1
Where —
a
a service policeman makes an application by live television link or other similar arrangement for a warrant to enter and search premises, or
b
the service policeman executing such a warrant has reasonable grounds for believing that it is likely that, if no search is carried out before the earliest time by which it will be practicable for him to have the warrant in his possession, the purpose of the search will be frustrated or seriously prejudiced,
articles 8 and 9 shall have effect subject to the following provisions of this article.
2
Where paragraph (1)(a) applies —
a
the warrant shall specify in addition to the requirements of article 8(6) that the application for the warrant was made by live television link or other similar arrangement;
b
the judicial officer shall transmit a copy of the warrant by facsimile machine or other means of electronic communication to the service policeman who made the application;
c
the judicial officer shall retain the warrant;
d
the certified copies of the warrant made in accordance with article 8(7) and (8) shall be sent to the service policeman who made the application as soon as reasonably practicable after a copy has been transmitted in accordance with sub-paragraph (b).
3
Where paragraph (1)(b) applies, the service policeman who applied for the warrant may transmit by any means practicable the information contained in the warrant to the service policeman who is to execute the warrant.
4
Where either sub-paragraph (a) or (b) of paragraph (1) applies —
a
the requirements of article 9(5)(b) and (c) shall be satisfied if the service policeman executing the warrant —
i
produces a copy-warrant to the occupier; and
ii
gives a copy of the copy-warrant to the occupier;
b
the occupier of the premises entered and searched shall be supplied with a certified copy of the warrant as soon as is reasonably practicable after the search is concluded;
c
the requirements of article 9(7) shall be satisfied if the service policeman executing the warrant leaves a copy of the copy-warrant in a prominent place on the premises;
d
the service policeman executing the warrant shall make the endorsement mentioned in article 9(9) on the copy-warrant;
e
if the warrant has not been executed within the time authorised for its execution, a service policeman shall make an endorsement on the copy-warrant stating that it has not been executed;
f
the requirements of article 9(10) shall not be satisfied unless the copy-warrant is sent to the judicial officer;
g
article 9(11) and (12) shall also apply to any copy-warrant returned in accordance with sub-paragraph (f).
5
In this article, “copy-warrant” means —
a
where paragraph (1)(a) applies but not paragraph (1)(b), the copy of the warrant transmitted in accordance with paragraph (2)(b) by the judicial officer to the service policeman who made the application; or
b
where paragraph (1)(b) applies, or where both paragraph (1)(a) and (b) apply, a document containing the information contained in the warrant.
Oaths and affirmations
11
1
Before a judicial officer asks any question which a service policeman would be required under article 8(4) to answer on oath, an oath shall be administered to the service policeman.
2
If —
a
a service policeman required by virtue of this article to take an oath objects to being sworn, or
b
it is not reasonably practicable without inconvenience or delay to administer an oath to a service policeman in the manner appropriate to his religious belief,
he shall be permitted to make a solemn affirmation instead of taking an oath.
3
A person who may be permitted under this article to make his solemn affirmation may also be required to do so.
4
Any oath or affirmation shall be administered in the form set out in Schedule 2 by the judicial officer or, where the judicial officer so directs, by any other person acting on his behalf.
Search upon arrest
12
1
This article shall apply when a person is arrested under any of the services Acts .
2
Subject to the following provisions of this article, a service policeman shall have power where this article applies —
a
to enter and search —
i
any relevant residential premises other than a locker falling within section 15(1)(c), or
ii
any vehicle, vessel, aircraft or hovercraft,
in which the arrested person was when arrested or immediately before he was arrested; or
b
to open and search any locker falling within section 15(1)(c) which the arrested person had open when or immediately before he was arrested;
for evidence relating to the offence for which he has been arrested.
3
The power to search premises conferred by paragraph (2) is only a power to search to the extent that is reasonably required for the purpose of discovering any such evidence.
4
A service policeman may not search premises in the exercise of the power conferred by paragraph (2) unless he has reasonable grounds for believing that there is evidence for which a search is permitted under that paragraph on the premises.
5
In so far as the power to search conferred by paragraph (2) relates to premises consisting of two or more separate dwellings, it is limited to a power to search —
a
any dwelling in which the arrest took place or in which the person arrested was immediately before his arrest; and
b
any parts of the premises which the occupier of any such dwelling uses in common with the occupiers of any other dwellings comprised in the premises.
6
In this article, “relevant residential premises” means —
a
service living accommodation , or
b
other premises occupied as a residence (alone or with other persons) by —
i
a person who is subject to service law, or
ii
a person in relation to whom the power of arrest under any of the services Acts is exercisable only by virtue of section 131 of either of the 1955 Acts or section 51 of the 1957 Act.
Entry and search after arrest
13
1
Subject to the following provisions of this article, a service policeman may enter and search any premises occupied or controlled by a person who has been arrested under any of the services Acts and is being held in custody without being charged , if he has reasonable grounds for suspecting that there is on the premises evidence, other than items subject to legal privilege, that relates —
a
to the offence for which the arrested person has been arrested; or
b
to some other offence against any provision of the services Acts which is connected with or similar to that offence.
2
A service policeman may seize and retain anything for which he may search under paragraph (1).
3
The power to search conferred by paragraph (1) is only a power to search to the extent that is reasonably required for the purpose of discovering such evidence.
4
Subject to paragraph (5), the powers conferred by this article may not be exercised unless an authorising officer has authorised them in writing.
5
A service policeman may conduct a search under paragraph (1) without obtaining an authorisation under paragraph (4) if it is likely that, if no search could be carried out before the earliest time by which it would be practicable for him to obtain such an authorisation, the purpose of the search would be frustrated or seriously prejudiced.
6
If a service policeman conducts a search by virtue of paragraph (5), he shall inform an authorising officer that he has made the search as soon as practicable after he has made it.
7
An authorising officer who authorises a search, or is informed of a search under paragraph (6), shall make a record in writing —
a
of the grounds for the search; and
b
of the nature of the evidence that was sought.
8
In this article, “authorising officer” means —
a
a member of the Royal Naval Regulating Branch of the rank of lieutenant or above;
b
a member of the Royal Marines Police or the Royal Military Police of the rank of captain or above; or
c
a member of the Royal Air Force Police of the rank of flight lieutenant or above.
General power of seizure
14
1
The powers conferred by paragraphs (2), (3) and (4) are exercisable by an authorised person on searchable premises.
2
The authorised person may seize anything which is on the premises if he has reasonable grounds for believing —
a
that it has been obtained in consequence of the commission of an offence under any of the services Acts; and
b
that it is necessary to seize it in order to prevent it being concealed, lost, damaged, altered or destroyed.
3
The authorised person may seize anything which is on the premises if he has reasonable grounds for believing —
a
that it is evidence in relation to an offence which he is investigating or any other offence under any of the services Acts; and
b
that is it necessary to seize it in order to prevent the evidence being concealed, lost, altered or destroyed.
4
The authorised person may require any information which is stored in any electronic form and is accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form if he has reasonable grounds for believing —
a
that —
i
it is evidence in relation to an offence which he is investigating or any other offence under any of the services Acts; or
ii
it has been obtained in consequence of the commission of an offence under the services Acts; and
b
that it is necessary to do so in order to prevent it being concealed, lost, tampered with or destroyed.
5
The powers conferred by this article are in addition to any power otherwise conferred.
6
Nothing in this Order is to be taken to authorise the seizure of an item which an authorised person has reasonable grounds for believing to be subject to legal privilege.
7
In this article —
“authorised person” means —
a service policeman, or
a person who may exercise any power of seizure conferred by or under Part 2;
“searchable premises” means any premises which may be searched in exercise of a power conferred by or under Part 2.
Extension of powers of seizure to computerised information
15
1
Every power of seizure which is conferred by an enactment to which this article applies on an authorised person shall be construed as including a power to require any information stored in any electronic form and accessible from the premises to be produced in a form in which it can be taken away and in which it is visible and legible or from which it can readily be produced in a visible and legible form.
2
This article applies —
a
to section 5;
b
to section 7;
c
to article 13; and
d
to paragraph 13 of Schedule 1.
3
In this article, “authorised person” has the same meaning as in article 14.
Access and copying
16
1
A person who seizes anything in the exercise of a power conferred by or under Part 2 (“an authorised person”) shall, if so required by a person showing himself —
a
to be the occupier of the premises on which it was seized; or
b
to have had custody or control of it immediately before the seizure,
provide that person with a record of what he seized.
2
The authorised person shall provide the record within a reasonable time from the making of the request for it.
3
Subject to paragraph (8), if a request for permission to be granted access to anything which —
a
has been seized by an authorised person; and
b
is retained for the purpose of investigating an offence under any of the services Acts,
is made to the investigator by a person who had custody or control of the thing immediately before it was so seized or by someone acting on behalf of such a person, the investigator shall allow the person who made the request access to it under the supervision of a supervisor.
4
Subject to paragraph (8), if a request for a photograph or copy of any such thing is made to the investigator by a person who had custody or control of the thing immediately before it was so seized, or by someone acting on behalf of such a person, the investigator shall —
a
allow the person who made the request access to it under the supervision of a supervisor for the purpose of photographing it or copying it; or
b
photograph or copy it, or cause it to be photographed or copied.
5
A person may also photograph or copy, or have photographed or copied, anything which he has power to seize in the exercise of a power conferred by or under Part 2, without a request being made under paragraph (4).
6
Where anything is photographed or copied under paragraph (4)(b), the photograph or copy shall be supplied to the person who made the request.
7
The photograph or copy shall be so supplied within a reasonable time from the making of the request.
8
There is no duty under this section to grant access to, or to supply a photograph or copy of, anything if the investigator has reasonable grounds for believing that to do so would prejudice —
a
the investigation for the purposes of which the thing was seized;
b
the investigation of an offence other than the offence for the purposes of investigating which the thing was seized; or
c
any criminal proceedings or any service disciplinary proceedings which may be brought as a result of any such investigation as mentioned in paragraphs (a) or (b).
9
In this article —
“the investigator” means the person in charge of the investigation;
“a supervisor” means a person authorised by the investigator to supervise access under paragraphs (3) and (4).
Retention
17
1
Subject to paragraph (4), anything which has been seized by a person exercising any power of seizure conferred by or under Part 2, including anything taken away by a person following a requirement made by virtue of articles 14 or 15, may be retained so long as is necessary in all the circumstances.
2
Without prejudice to the generality of paragraph (1) —
a
anything seized for the purposes of an investigation of an offence may be retained, except as provided by paragraph (4) —
i
for use as evidence in service disciplinary proceedings or at a trial for an offence; or
ii
for forensic examination or for investigation in connection with an offence; and
b
anything may be retained in order to establish its lawful owner, where there are reasonable grounds for believing that it has been obtained in consequence of the commission of an offence under any of the services Acts.
3
Nothing seized under —
a
section 54(4)(a) of the 1984 Act as applied to investigations of offences conducted under the services Acts or to persons under arrest under any of those Acts by the Police and Criminal Evidence Act 1984 (Application to the Armed Forces) Order 1997 ; or
b
section 10(10) or (11) on the grounds that the person searched may use it —
i
to cause physical injury to himself or to any other person, or
ii
to assist him to escape from lawful custody;
may be retained when the person from whom it was seized is no longer in custody or has been released from custody.
4
Nothing may be retained for either of the purposes mentioned in paragraph (2)(a) if a photograph or copy would be sufficient for that purpose.
Ivor Caplin
Parliamentary Under Secretary of State, Ministry of Defence
4th September 2003


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the Communications (Isle of Man) Order 2003.
2
Articles 1 to 5 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Isle of Man) Order 2003 .
3
Article 6 and Schedule 2 shall come into effect as provided in paragraph (4).
4
In respect of any provision of the 2003 Act that is extended to the Isle of Man (whether with or without modifications) by this Order and that is to any extent brought into force in the United Kingdom on a date specified in the Communications Act 2003 (Commencement No. 1) Order 2003 (“the No. 1 Order”) or the Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 (“the No. 2 Order”) —
a
any provision of the 2003 Act so extended, and any modification to that provision made by this Order, shall be of no effect in or in relation to the Isle of Man in relation to any time before the date specified in the No. 1 Order or (as the case may be) the No. 2 Order as the date on which that provision is to come into force in the United Kingdom;
b
where any provision of the 2003 Act so extended is brought into force in the United Kingdom for certain purposes or to a certain extent, as specified in the No. 1 Order or (as the case may be) No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in the Isle of Man only for the purposes or to the extent so specified;
c
any provision of the 2003 Act so extended, and any such modification, shall have effect in the Isle of Man subject to any transitional or transitory provision made in the No. 1 Order or (as the case may be) No. 2 Order in relation to that provision.
2
In this Order —
“the 1990 Act ” means the Broadcasting Act 1990;
“the 1996 Act ” means the Broadcasting Act 1996;
“the 2002 Act ” means the Office of Communications Act 2002;
“the 2003 Act” means the Communications Act 2003.
3
Section 3(5A) of the Wireless Telegraphy Act 1998, as extended to the Isle of Man by the Wireless Telegraphy (Isle of Man) Order 1998 , is hereby repealed and article 2(c) of that Order is hereby revoked.
4
The Secretary of State shall not —
a
request OFCOM under subsection (2) of section 22 of the 2003 Act to do as respects the Isle of Man one or more of the things set out in subsection (1) of that section, or
b
require OFCOM under subsection (2) of section 152 of the 2003 Act to do as respects the Isle of Man one or more of the things set out in that subsection,
unless he has first consulted the appropriate authorities in the Isle of Man.
5
Sections 1 and 7 of, and the Schedule to, the 2002 Act shall extend to the Isle of Man with the modifications set out in Schedule 1 to this Order.
6
1
The following provisions of the 2003 Act shall extend to the Isle of Man with the modifications set out in Schedule 2 to this Order:
Sections 1 to 3
Sections 5 to 9
Sections 12 to 15
Section 22
Sections 24 to 26
Section 28
Sections 30 and 31
Section 32
Sections 138 to 144 (for the purposes only of section 191(5) and (6))
Sections 152 to 167, 169 to 179, 183 and 184
Sections 185 to 192
Sections 195 to 202
Sections 211 and 212
Sections 214 to 230
Section 231 except subsections (1) and (2)(c)
Sections 241 to 243
Sections 245 and 246
Sections 253
Sections 256 to 261
Sections 263 and 264
Section 271
Sections 275 to 308
Sections 310 to 312
Section 315
Sections 319 to 332
Sections 334
Sections 344 to 348
Sections 350 to 354
Sections 357 and 358
Sections 360 to 366
Section 368
Sections 392 to 394
Section 398
Section 400
Sections 402 to 406
Sections 410 and 411
Schedules 1, 2, 5, 8 to 10, 13 to 15 and 17 to 19.
2
For the purpose of construing those provisions as so extended as part of the law of the Isle of Man, any reference to an enactment which extends to the Isle of Man shall, except where a contrary intention appears, be construed as a reference to that enactment as it has effect in the Isle of Man.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Education Act 2002 (Academies) (Consequential Amendments) (England) Regulations 2003 and shall come into force on 1 st April 2003.
Amendment to the Teacher Training Agency (Additional Functions) ( No. 2) Order 2000
2
1
The Teacher Training Agency (Additional Functions) (No. 2) Order 2000 is amended as follows —
2
In article 4(d) for the words “city academy” shall be substituted “Academy”.
Amendment to the Education (Special Educational Needs) (England) (Consolidation) Regulations 2001
3
1
The Education (Special Educational Needs) (England) (Consolidation) Regulations 2001 are amended as follows —
2
in regulation 18(2)(e) for the words “a City Academy” shall be substituted “an Academy”.
Amendment to the Education (School Performance Information) (England) Regulations 2001
4
1
The Education (School Performance Information) (England) Regulations 2001 are amended as follows —
2
in regulation 2(1) in the definition of “CTC”, the words “or a city academy” shall be omitted.
David Miliband
Minister of State
Department for Education and Skills
3rd March 2003


text:
Citation, commencement and territorial application
1
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (Amendment) (England) Order 2003 and shall come into force on 1st April 2003.
2
This Order applies to England only.
Government (Best Value) Performance Indicators and Performance Standards Order 2003
2
1
The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 is amended as follows.
2
For article 10, substitute —
Performance standards for waste authorities
10
1
A waste authority (other than a waste authority to which paragraph (3) or (4) applies) which achieved, in the financial year beginning with 1st April 1998 —
a
a recycling and composting rate specified in column (1) of Part I of Schedule 8 to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part;
b
a recycling and composting rate specified in column (1) of Part 2 of that Schedule shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (2) of that Part.
2
For the purposes of paragraph (1), the recycling and composting rate for an authority is that which is set out for the waste authority in the document published by the DETR entitled “Guidance on Municipal Waste Management Strategies” ; (published on 1st March 2001); and a waste authority which is stated in that document to have failed to supply to the DETR adequate details of the recycling and composting rates is treated for the purposes of —
a
paragraph (1)(a) of this article and Part I of Schedule 8 to this Order as having a recycling and composting rate of 16% or more; and
b
paragraph (1)(b) of this article and Part II of that Schedule as having a recycling and composting rate of 19% or more.
3
Those waste authorities specified in column 1 of Part 1 of Schedule 8A to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2003 the standard specified in the corresponding entry in column (2) of that Part.
4
Those waste authorities specified in column 1 of Part 2 of Schedule 8A to this Order shall, in relation to indicators 1 and 2 in Schedule 7 (taken together) meet for the financial year beginning with 1st April 2005 the standard specified in the corresponding entry in column (2) of that Part.
5
For the purposes of this article “waste authority” means a waste collection authority or a waste disposal authority.
3
After Schedule 8, insert —
SCHEDULE 8A
WASTE PERFORMANCE STANDARDS FOR POOLED AUTHORITIES
Article 10
Part 1
Financial Year 2003/2004
Column (1) Column (2) Name of Waste Authority Authority’s 2003/2004 standard (percentage of the total tonnage of household waste arisings to be sent by the authority for recycling or composting)
Somerset Mendip District Council 14% Sedgemoor District Council 13% South Somerset District Council 15% Taunton Dean Borough Council 18% West Somerset District Council 14% Oxfordshire Oxfordshire County Council 22% Oxford City Council 12% South Oxfordshire District Council 22% West Oxfordshire District Council 12% Vale of White Horse District Council 15% Nottinghamshire Nottinghamshire County Council 17% Ashfield District Council 8% Bassetlaw Borough Council 8% Broxtowe Borough Council 8% Mansfield District Council 8% Newark & Sherwood District Council 8% Nottingham City Council 8% Wiltshire Kennet District Council 11% Salisbury District Council 16% West Wiltshire District Council 10% Merseyside Merseyside Waste Disposal Authority 12% Knowsley Metropolitan Borough Council 8% Liverpool City Council 8% Sefton Metropolitan Borough Council 14% St Helens Metropolitan Borough Council 8% Wirral Metropolitan Borough Council 12% Manchester Greater Manchester Waste Disposal Authority 11.5% Bolton Metropolitan Borough Council 8% Bury Metropolitan Borough Council 8% Manchester City Council 7% Oldham Metropolitan Borough Council 8% Rochdale Metropolitan Borough Council 7% City of Salford Metropolitan Borough Council 8% Stockport Metropolitan Borough Council 20% Tameside Metropolitan Borough Council 8% Trafford Metropolitan Borough Council 8%
Part 2
Financial Year 2005/2006
Column (1) Column (2) Name of Waste Authority Authority’s 2005/2006 standard (percentage of the total tonnage of household waste arisings to be sent by the authority for recycling or composting)
Somerset Mendip District Council 25% Sedgemoor District Council 19% South Somerset District Council 28% Taunton Dean Borough Council 30% West Somerset District Council 25% Oxfordshire Oxford City Council 18% South Oxfordshire District Council 29% Vale of White Horse District Council 29% Wiltshire Wiltshire County Council 33% Kennet District Council 25% Salisbury District Council 31% Merseyside Merseyside Waste Disposal Authority 22% Knowsley Metropolitan Borough Council 15% Liverpool City Council 15% Sefton Metropolitan Borough Council 21% St Helens Metropolitan Borough Council 15% Wirral Metropolitan Borough Council 18%
Signed on behalf of the Secretary of State
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
25th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003, and come into force on the day after the day on which they are made.
2
In these Regulations “the principal regulations” means the Uncertificated Securities Regulations 2001 .
Amendment of the principal regulations
2
The principal regulations are amended as set out in regulations 3 to 13 of these Regulations.
Eligible debt securities–interpretation
3
In regulation 3(1)–
a
before the definition of “the 1985 Act”, insert–
“the 1877 Act ” means the Treasury Bills Act 1877 ;
“the 1950 Act ” means the Exchequer and Financial Provisions Act (Northern Ireland) 1950 ;
;
b
after the definition of “the 1986 Act”, insert–
“the 1989 Act ” means the Local Government and Housing Act 1989 ;
;
c
after the definition of “the 1965 Regulations”, insert–
“the 1968 Regulations ” means the Treasury Bills Regulations 1968 ;
;
d
in the definition of “the 1974 Regulations”, omit the words from “and” (where second occurring) to the end;
e
after the definition of “the 1974 Regulations”, insert–
“the 1990 Regulations ” means the Local Authorities (Borrowing) Regulations 1990 ;
;
f
after the definition of “the 1995 Regulations”, insert–
“the 2003 Regulations ” means the Uncertificated Securities (Amendment) (Eligible Debt Securities) Regulations 2003;
;
g
after the definition of “dematerialised instruction”, insert–
“dematerialised loan instrument” means a security constituted by a loan instrument issued by a local authority in accordance with Part IV of the 1989 Act and the 1990 Regulations as modified by Part 3 of Schedule 1 to the 2003 Regulations;
;
h
after the definition of “designated agency”, insert–
“eligible debt security” means–
a security that satisfies the following conditions–
the security is constituted by an order, promise, engagement or acknowledgement to pay on demand, or at a determinable future time, a sum in money to, or to the order of, the holder of one or more units of the security; and
the current terms of issue of the security provide that its units may only be held in uncertificated form and title to them may only be transferred by means of a relevant system;
an eligible Northern Ireland Treasury Bill; or
an eligible Treasury bill;
“eligible Northern Ireland Treasury Bill” means a security–
constituted by a Northern Ireland Treasury Bill issued in accordance with the 1950 Act as modified by Part 2 of Schedule 1 to the 2003 Regulations; and
whose current terms of issue provide that its units may only be held in uncertificated form and title to them may only be transferred by means of a relevant system;
“eligible Treasury bill” means a security–
constituted by a Treasury bill issued in accordance with the 1877 Act and the 1968 Regulations as modified by Part 1 of Schedule 1 to the 2003 Regulations; and
whose current terms of issue provide that its units may only be held in uncertificated form and title to them may only be transferred by means of a relevant system;
;
i
after the definition of “enactment”, insert–
“general local authority security” means a local authority security that is not an eligible debt security;
“general public sector security” means a public sector security that is not an eligible debt security;
“general UK Government security” means a UK Government security that is not an eligible debt security;
;
j
for paragraph (b) of the definition of “issuer register of securities”, substitute–
b
in relation to units of securities other than–
i
shares,
ii
securities in respect of which regulation 22(3) applies, or
iii
wholly dematerialised securities,
means a register of persons holding the units, maintained by or on behalf of the issuer or, in the case of general public sector securities, by or on behalf of the person specified in regulation 21(3);
;
k
after the definition of “issuer register of securities”, insert–
“local authority”–
in relation to a security referred to in paragraph (a)(i) of the definition of “local authority security”, has the same meaning as in the 1974 Regulations;
in relation to a security referred to in paragraph (a)(ii) or (b) of the definition of “local authority security” or a dematerialised loan instrument, has the same meaning as in the 1989 Act;
;
l
for the definition of “local authority security”, substitute–
“local authority security” means a security which is either–
a security other than an eligible debt security which, when held in certificated form is–
transferable in accordance with regulation 7(1) of the 1974 Regulations and title to which must be registered in accordance with regulation 5 of those Regulations; or
a loan instrument within the meaning of section 43(4) of the 1989 Act, which is transferable in accordance with regulation 5(1) of the 1990 Regulations; or
an eligible debt security issued by a local authority;
;
m
after the definition of “Operator register of corporate securities”, insert–
“Operator register of eligible debt securities” has the meaning given by regulation 22(3A)(a);
“Operator register of general public sector securities” has the meaning given by regulation 21(1)(a);
;
n
omit the definition of “Operator register of public sector securities”;
o
in paragraph (b) of the definition of “Operator register of securities”, for the words from “public” to the end, substitute “general public sector securities, an Operator register of eligible debt securities or, as the case may be, a register maintained by an Operator in accordance with regulation 22(3)(a);”;
p
for the definition of “record of uncertificated public sector securities”, substitute–
“record of uncertificated general public sector securities” has the meaning given by regulation 21(2)(a);
;
q
in the definition of “record of securities”, for “public sector securities”, substitute “general public sector securities”.
4
1
In regulation 3(3)–
a
before “public” (wherever occurring), insert “general”;
b
after “appointed” (where second occurring), insert–
; or
if the security falls within paragraph (a)(ii) of the definition of “local authority security” in paragraph (1) and the local authority has appointed as a registrar a person who is neither an officer nor any other employee of the authority for all of the purposes of the register required to be maintained under section 46(1) of the 1989 Act, to the person so appointed
.
2
After regulation 3(3), add–
4
In respect of a security which is an eligible debt security, references in these regulations to the issuer or the participating issuer of that security (or units of that security) shall be taken to be references to–
a
a person (“P”) who undertakes as principal to perform the payment obligation constituted by the security in accordance with its current terms of issue; and
b
any other person who undertakes as principal to perform that obligation in accordance with those terms in the event that P fails to do so.
5
For the purposes of paragraph (4)(b), a person who undertakes to perform an obligation under a contract of guarantee or other contract of suretyship is not to be regarded as undertaking to perform it as principal.
6
For the purposes of paragraph (a) of the definition of “eligible debt security” in paragraph (1), a sum of money–
a
is to be regarded as payable at a determinable future time if it is payable–
i
at a future time fixed by or in accordance with the current terms of issue of the security; or
ii
at the expiry of a fixed period after the occurrence of a specified event which is certain to happen, though the time of happening may be uncertain; and
b
is not to be regarded as payable at a determinable future time if it is payable on a contingency.
.
Participation in respect of securities other than shares
5
In regulation 19(2), for “the issuer”, substitute “an issuer of that security”.
Entries on registers and records in respect of general public sector securities
6
1
In the cross-heading before regulation 21, before “public”, insert “general”.
2
In regulation 21(1) to (3), before “public” (wherever occurring), insert “general”.
3
In regulation 22(1), for “or public sector securities”, substitute, “, general public sector securities or eligible debt securities”.
4
In regulation 24(5), before “public”, insert “general”.
5
In Schedule 4–
a
in the cross-heading before paragraph 12, before “public” insert “general”;
b
in paragraph 12(1), before “public”, insert “general”;
c
in the cross-heading before paragraph 13, before “public” insert “general”;
d
in paragraph 13, before “public” (wherever occurring), insert “general”.
Entries on registers and records in respect of general UK Government securities
7
In paragraphs 12(2) and 13(2) of Schedule 4, before “UK”, insert “general”.
Entries on registers and records in respect of general local authority securities
8
1
In regulation 21(3)–
a
before “local” (where first occurring), insert “general”;
b
after “appointed” (where second occurring), insert–
; or
if the security falls within paragraph (a)(ii) of the definition of “local authority security” in regulation 3(1) and the local authority has appointed as a registrar a person who is neither an officer nor any other employee of the authority for all of the purposes of the register required to be maintained under section 46(1) of the 1989 Act, the person so appointed
.
2
In regulation 21(5), after “security”, insert “falling within paragraph (a)(i) of the definition of “local authority security” in regulation 3(1)”.
3
After regulation 21(5), add–
6
Such sanctions as apply to a person appointed as registrar under section 46(1) of the 1989 Act in the event of a default in complying with his obligations under that section with respect to the keeping of a register shall apply to a participating issuer and his officers in the event of a default in complying with paragraph (2)(a) in respect of a local authority security falling within paragraph (a)(ii) of the definition of “local authority security” in regulation 3(1).
.
4
In Schedule 4–
a
in paragraph 12(3), before “local”, insert “general”;
b
in paragraph 19(2), after “security”, insert “falling within paragraph (a)(i) of the definition of “local authority security” in regulation 3(1)”;
c
after paragraph 19(2), insert–
2A
Such sanctions as apply to a person appointed as registrar under section 46(1) of the 1989 Act in the event of a default in complying with his obligations under that section with respect to the keeping of a register shall apply to a participating issuer and his officers in the event of a default in complying with paragraph 13 in respect of a local authority security falling within paragraph (a)(ii) of the definition of “local authority security” in regulation 3(1).
.
Entries on registers and records in respect of eligible debt securities
9
1
In regulation 22(3), after “security” (where first occurring), insert “(other than an eligible debt security)”.
2
After regulation 22(3), insert–
3A
In respect of every participating security which is an eligible debt security, the Operator shall–
a
maintain a register, and such a register is referred to in these Regulations as an “Operator register of eligible debt securities”; and
b
record in that register–
i
the names and addresses of the persons holding units of that security; and
ii
how many units of that security each such person holds.
.
3
In regulation 22(4), for “(2)(a)(i) or (3)”, substitute, “(2)(a)(i), (3) or (3A)”.
Effect of entries on registers
10
In regulation 24, after paragraph (7), add–
8
Subject to regulation 29, an entry on an Operator register of eligible debt securities shall be prima facie evidence, and in Scotland sufficient evidence unless the contrary is shown, of any matters which are by these Regulations directed or authorised to be inserted in it.
.
Registration by an Operator of transfers of securities
11
In regulation 27–
a
in paragraph (7), for “Immediately upon”, substitute, “Subject to paragraph (7A), immediately upon”;
b
after paragraph (7), insert–
7A
Paragraph (7) does not apply in relation to units of an eligible debt security.
.
Requirements for approval of a person as Operator
12
In paragraphs 12 and 25(e)(ii) of Schedule 1, after “securities”, insert “(other than an Operator register of eligible debt securities)”.
Keeping of registers and records of participating securities
13
In paragraph 16(2) of Schedule 4, after “such register”, insert “(other than an Operator register of eligible debt securities)”.
Eligible Treasury bills etc
14
1
The power of the Treasury to create and issue Treasury bills in accordance with the 1877 Act includes power to create and issue bills in accordance with the 1877 Act and the 1968 Regulations as modified by Part 1 of Schedule 1.
2
A bill created and issued by the Treasury in accordance with the 1877 Act and the 1968 Regulations as modified by Part 1 of Schedule 1 is a Treasury bill for the purposes of that Act and those Regulations; and that Act and those Regulations apply in relation to such bills with the modifications set out in Part 1 of Schedule 1.
3
The power of the Ministry of Finance under section 11(1)(b) of the 1950 Act to borrow money by the creation and issue of Northern Ireland Treasury Bills includes power to borrow money by the creation and issue of Bills in accordance with the 1950 Act as modified by Part 2 of Schedule 1.
4
A Bill created and issued by the Ministry of Finance in accordance with the 1950 Act as modified by Part 2 of Schedule 1 is a Northern Ireland Treasury Bill for the purposes of that Act; and that Act applies in relation to such Bills with the modifications set out in Part 2 of Schedule 1.
5
The power of a local authority under section 43(2)(c) of the 1989 Act to borrow money by means of a loan instrument includes power to borrow money by means of an instrument created and issued in accordance with Part IV of the 1989 Act and the 1990 Regulations as modified by Part 3 of Schedule 1.
6
An instrument created and issued by a local authority in accordance with Part IV of the 1989 Act and the 1990 Regulations as modified by Part 3 of Schedule 1 is a loan instrument for the purposes of that Part and those Regulations; and that Part and those Regulations apply in relation to such instruments with the modifications set out in Part 3 of Schedule 1.
Application and modification of certain enactments
15
1
Schedule 2, which applies and modifies certain enactments, has effect.
2
Expressions used in Schedule 2 have, unless the contrary intention appears, the same meaning as in the principal regulations.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
23rd June 2003


text:
1
This Order may be cited at the Copyright (Certification of Licensing Scheme for Educational Recording of Broadcasts and Cable Programmes) (Educational Recording Agency Limited) (Amendment) Order 2003 and shall come into force on 1st April 2003.
2
For paragraph 10 of the licensing scheme set out in the Schedule to the Principal Order substitute:
10
The annual tariff shall be calculated on a full time or full-time equivalent per head basis by category of student in an Educational Establishment. For licences taking effect on or after 1st April 2003 the annual tariff shall be:
Students in Primary Educational Establishments including Preparatory Schools 23p per head Students in Secondary Educational Establishments 47p per head Students in Educational Establishments of Further Education including former Sixth Form Colleges 88p per head Students in Educational Establishments of Higher Education, including Higher Education Colleges and Universities £1.40 per head Students in Educational Establishments not listed above and designated from time to time by the Secretary of State A fee related to those above by type
Melanie Johnson,
Parliamentary Under-Secretary of State for Competition, Consumers and Markets,
Department of Trade and Industry
30th January 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) Regulations 2003 and shall come into force on 21st February 2003.
2
In these Regulations “the principal Regulations ” means the Motor Vehicles (Driving Licences) Regulations 1999 .
Amendment of regulation 9 of the principal Regulations (minimum ages for holding or obtaining licences)
2
In regulation 9(6) after sub-paragraph (b) there is inserted —
, or
a Primary Care Trust established under section 16A of the National Health Service Act 1977
.
Amendment of regulation 42 (exemption from theory test)
3
In regulation 42 of the principal Regulations —
a
in paragraph (1)(d), the words “either”, “or of a class included in category B” and “in either case” are omitted;
b
in paragraph (2)(d), the words “either”, “or of a class included in category A” and “in either case” are omitted.
Amendment of regulation 51 (exempted goods vehicles and military vehicles)
4
In regulation 51(1) of the principal Regulations —
a
in sub-paragraph (h) —
i
for “a road” there is substituted “public roads”, and
ii
for “roads” there is substituted “public roads”;
b
in sub-paragraph (j), for “roads”, in both places where the word occurs, there is substituted “public roads”.
Amendment of regulation 72 (disabilities prescribed in respect of Group 1 licences)
5
1
Regulation 72 of the principal Regulations is amended as provided in paragraphs (2) to (4).
2
For paragraph (1) there is substituted —
1
There is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or a holder of, a Group 1 licence, the inability to read in good daylight, with the aid of corrective lenses if worn, a registration mark which is affixed to a motor vehicle and contains characters of the prescribed size.
1A
In paragraph (1) the “prescribed size” means —
a
characters 79 millimetres high and 57 millimetres wide in a case where they are viewed from a distance of —
i
12.3 metres, by an applicant for, or the holder of, a licence authorising the driving of a vehicle of a class included in category K, and
ii
20.5 metres, in any other case; or
b
characters 79 millimetres high and 50 millimetres wide in a case where they are viewed from a distance of —
i
12 metres, by an applicant for, or the holder of, a licence authorising the driving of a vehicle of a class included in category K, and
ii
20 metres, in any other case.
.
3
In paragraph (2), for the words “the Secretary of State is satisfied that the driving of a vehicle by him in accordance with the licence is not likely to be source of danger to the public” there are substituted the words “where the conditions set out in paragraph (2A) are satisfied”.
4
After paragraph (2) there is inserted —
2A
The conditions are that —
a
so far as is practicable, he complies with the directions regarding his treatment for epilepsy, including directions as to regular medical check-ups made as part of that treatment, which may from time to time be given to him by the registered medical practitioner supervising the treatment,
b
if required to do so by the Secretary of State, he has provided a declaration signed by him that he will observe the condition in sub-paragraph (a), and
c
the Secretary of State is satisfied that the driving of a vehicle by him in accordance with the licence is not likely to be a source of danger to the public.
.
Amendment of regulation 73 (disabilities prescribed in respect of Group 2 licences)
6
In regulation 73 of the principal Regulations —
a
for paragraph (1) there is substituted —
1
There is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applicant for, or the holder of, a Group 2 licence the disability described in regulation 72(1).
;
b
paragraph (3)(c) is omitted.
Amendment of regulation 80 (persons who become resident in Great Britain)
7
In regulation 80 of the principal Regulations —
a
in paragraph (2) —
i
for “Isle of Man or Jersey” there is substituted “Isle of Man, Jersey or Guernsey”, and
ii
for “large goods vehicles”, in both places where the expression occurs, there is substituted “large and medium-sized goods vehicles”;
b
in paragraph (3)(a), for “Isle of Man or Jersey” there is substituted “Isle of Man, Jersey or Guernsey”.
Amendment of Schedule 8 to the principal Regulations (specified requirements for practical or unitary test)
8
1
Schedule 8 to the principal Regulations is amended as provided in paragraphs (2) to (4).
2
In Part 1, for section A (eyesight) there is substituted —
Either —
read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of 20.5 metres, or
read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of 20 metres.
3
In Part 2, for section A (eyesight) there is substituted —
Either —
read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of 20.5 metres, or
read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of 20 metres.
4
In Part 5, for paragraph 1 there is substituted —
1
Either —
a
read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of —
i
12.3 metres, in the case of a test conducted in respect of a vehicle included in category K;
ii
20.5 metres, in any other case, or
b
read in good daylight (with the aid of corrective lenses if worn) a registration mark fixed to a motor vehicle and containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of —
i
12 metres, in the case of a test conducted in respect of a vehicle included in category K;
ii
20 metres, in any other case.
.
Amendment of Schedule 12 (elements of an approved training course)
9
In Schedule 12 to the principal Regulations, for element (A)2 there is substituted —
Trainees' eyesight must be tested. Trainees must be able to read, in good daylight (with the aid of corrective lenses if worn) either —
a vehicle registration mark containing letters and figures 79 millimetres high and 57 millimetres wide at a distance of 20.5 metres, or
a vehicle registration mark containing letters and figures 79 millimetres high and 50 millimetres wide at a distance of 20 metres
.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
30th January 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Income Tax (Sub-contractors in the Construction Industry and Employments) (Amendment) Regulations 2003 and shall come into force on 6th April 2003.
2
In these Regulations —
“the Employments Regulations ” means the Income Tax (Employments) Regulations 1993 ; and
“the Sub-contractors Regulations ” means the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 .
Amendment of the Sub-contractors Regulations
2
Amend the Sub-contractors Regulations in accordance with regulations 3 to 8.
3
In regulation 2(2) (interpretation of expressions used in Chapter 4 of Part 13 of the Taxes Act) after “ registration card” insert “relevant liabilities”.
4
For regulation 9(2) (circumstances in which a contractor may account quarterly for sums deducted under section 559) substitute —
2
The condition is that, for income tax months falling within the current year, the average monthly amount found by the formula below will be less than £1500.
The formula is —
( S + P + N + L ) - ( C + SP + CD )
The expressions used in the formula have the following values.
S is the amount which would be payable by the contractor to the collector under regulation 8.
P is the amount which would be payable by the contractor to the collector under regulation 40 of the Income Tax (Employments) Regulations 1993 if any adjustment to that amount under regulation 7(2) of the Working Tax Credit (Payments by Employers) Regulations 2002 (funding of payment of working tax credit) were disregarded.
N is the amount which would be payable by the contractor to the collector under the Social Security Contributions and Benefits Act 1992 or, in Northern Ireland, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and (in either case) under the Social Security (Contributions) Regulations 2001 but disregarding —
any amount of secondary Class 1 contributions in respect of which liability has been transferred to the employed earner by an election made jointly by the employed earner and the secondary contributor for the purpose of paragraph 3B(1) of Schedule 1 to either of those Acts (transfer of liability to be borne by the earner); and
any adjustment to the amount so payable to the collector under regulation 7(2) of the Working Tax Credit (Payments by Employers) Regulations 2002.
L is the amount which would be payable by the contractor to the collector under regulation 39(1) of the Education (Student Loans) (Repayment) Regulations 2000 or of the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (payment of repayments deducted to the Inland Revenue) if the reduction referred to in paragraph (3) of the respective regulation and in regulation 7(2) of the Working Tax Credit (Payment by Employers) Regulations 2002 were disregarded.
C is the amount which would be payable by the contractor to his employees by way of tax credit under the Working Tax Credit (Payment by Employers) Regulations 2002.
SP is the amount which would be recoverable from the Board by the contractor in respect of payments to his employees by way of statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay.
Here statutory sick say, statutory maternity pay, statutory paternity pay and statutory adoption have the same meanings as they do in the Social Security Contributions and Benefits Act 1992 or the Social Security Contributions and Benefits (Northern Ireland) Act 1992, as the case requires.
CD is —
in the case of a company, the amount which others would deduct from payments to it (in its capacity as a sub-contractor) under section 559 of the Taxes Act; and
in any other case, nil.
.
5
After regulation 10(4) (payment of amounts deducted to collector– further provisions) insert —
4A
If a contractor has deducted an amount under section 559, but has not paid it to the collector as required by regulation 8 or 9(1), that amount shall be treated, for the purpose of determining the liability of any sub-contractor in respect of whose liability the sum was deducted, as having been paid to the collector at the time required by regulation 8 or 9(1).
.
6
In regulation 14(5)(b) (formal determination of amounts payable by contractor) for “be treated as an overpayment of income tax or corporation tax” substitute “, except where regulation 44B applies, be treated as an overpayment of income tax”.
7
After regulation 41 (inspection of records of contractors) insert —
Inspection of records of sub-contractors – additional provisions
41A
1
Where a sum deducted under section 559 is treated as paid on account of the liabilities mentioned in regulation 44B(2), the sub-contractor, whose liabilities they are, shall —
a
maintain the records specified in paragraph (2); and
b
produce to an authorised officer of the Board for inspection those records, or such of them as may be specified by him, at such time as he may reasonably require, at the prescribed place.
2
The records are all documents and records relating to the calculation of —
a
the amounts which the sub-contractor would have been liable to pay to the collector in the preceding three years, under the provisions mentioned in regulation 44B(2), but for the withholding by a contractor of sums due to him; and
b
the amounts deducted by a contractor under section 559 which the sub-contractor claims to be entitled to set off against those liabilities.
3
In this regulation the “prescribed place” means —
a
such place in the United Kingdom as the subcontractor and the authorised officer may agree upon; or
b
in default of such agreement, at such place in the United Kingdom where the documents and records mentioned in paragraph (2) are normally kept, or
c
in default of such agreement and if there is no such place referred to in sub-paragraph (b), the sub-contractor’s principal place of business in the United Kingdom.
4
The authorised officer may —
a
take copies of, or make extracts from, any document produced to him for inspection in accordance with paragraph (1)(b); and
b
remove any document so produced if it appears to him to be necessary to do so, at a reasonable time and for a reasonable period.
5
Where a lien is claimed on a document produced in accordance with paragraph (1)(b), the removal of the document under paragraph (4)(b) shall not be treated as breaking the lien.
6
Where records are maintained by computer, the person required to make them available for inspection shall provide the authorised officer with all facilities necessary for obtaining information from them.
.
8
After regulation 44A (electronic transmission) insert —
Application by the Board of sums deducted under section 559
44B
1
In the case of sums deducted from payments made to a sub-contractor which is a company (“the qualifying sub-contractor”) the following provisions of this regulation apply.
2
So much of any sum deducted under section 559 by a contractor in a year of assessment and paid to the collector as is required shall be applied by the Board —
a
first, in discharge of any liability of the qualifying sub-contractor to account for primary Class 1 contributions in respect of earnings paid to his employees in that year;
b
second, in discharge of any liability of the qualifying sub-contractor for secondary Class 1 contributions in respect of earnings paid to his employees in that year;
c
third, in discharge of any liability of the qualifying sub-contractor to account for tax deducted from the emoluments of its employees under section 203 of the Taxes Act (pay as you earn) in respect of that year;
d
fourth, in discharge of any liability of the qualifying sub-contractor to account for deductions made by it in that year from the emoluments of its employees in accordance with regulations made under section 22(5) of the Teaching and Higher Education Act 1998 , section 73B(3) of the Education Scotland) Act 1980 , or Article 3(5) of the Education (Student Support) (Northern Ireland) Order 1998 ;
e
fifth, in discharge of any liability of the qualifying sub-contractor to refund to the Board any funding payment made by them in respect of statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay under the relevant recovery provision;
f
sixth, in respect of any liability of the qualifying sub-contractor to account for sums recoverable by the Board in respect of tax credits under regulation 12 of the Tax Credits (Payment by Employers) Regulations 2002 ; and
g
last, in discharge of any liability of the qualifying sub-contractor to account for sums deducted by it (in its capacity as a contractor) under section 559 from payments made to other sub-contractors.
3
So much of any sum deducted under section 559 as is not required to discharge the employer’s liabilities specified in paragraph (2) shall be repaid to the qualifying sub-contractor.
This is subject to the qualifications in paragraphs (4) and (5).
4
The Board shall not repay any sum deducted under section 559 to the qualifying sub-contractor until —
a
the year of assessment, in which the deduction was made, has ended; and
b
the qualifying sub-contractor has delivered the return required by regulation 43 of the Income Tax (Employments) Regulations 1993 .
5
If it appears to an officer of the Board that there is an outstanding liability of the qualifying sub-contractor in respect of corporation tax due for an accounting period ending before the relevant payment is made under section 559, the amount required to discharge that liability shall be retained by the Board and applied in discharge of that liability.
6
In paragraph (2)(e) “the relevant recovery provision” means —
a
in respect of statutory paternity pay and statutory adoption pay, regulations 4, 5, 6 and 8 of either the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 or the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations (Northern Ireland) 2002 ;
b
in respect of statutory maternity pay, regulations 5, 6, 6A and 7A of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 or the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations (Northern Ireland) 1994 .
.
Amendment of regulation 41 of the Employments Regulations
9
For regulation 41(3) of the Employments Regulations (circumstances in which employer may pay tax quarterly) substitute —
3
The condition is that for income tax months falling within the current year, the average monthly amount found by the formula below will be less than £1500.
The formula is —
( S + P + N + L ) - ( C + SP + CD )
The expressions used in the formula have the following values.
S is the amount payable by the employer to the collector under sections 559 and 559A of the Taxes Act and regulation 8 of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 during the tax month from payments made by him.
P is the amount which would be payable by the employer to the collector under regulation 40 if any adjustment to that amount under regulation 7(2) of the Working Tax Credit (Payments by Employers) Regulations 2002 (funding of payment of working tax credit) were disregarded.
N is the amount which would be payable to the collector under the Social Security Contributions and Benefits Act 1992 or, in Northern Ireland, the Social Security Contributions and Benefits (Northern Ireland) Act 1992 and (in either case) under the Social Security (Contributions) Regulations 2001 but disregarding —
any amount of secondary Class 1 contributions in respect of which liability has been transferred to the employed earner by an election made jointly by the employed earner and the secondary contributor for the purpose of paragraph 3B(1) of Schedule 1 to either of those Acts (transfer of liability to be borne by the earner); and
any adjustment to the amount so payable to the Collector under regulation 7(2) of the Working Tax Credit (Payments by Employers) Regulations 2002;
L is the amount which would be payable by the employer to the collector under regulation 39(1) of the Education (Student Loans) (Repayment) Regulations 2000 or of the Education (Student Loans) (Repayment) Regulations (Northern Ireland) 2000 (payment of repayments deducted to the Inland Revenue) if the reduction referred to in paragraph (3) of the respective regulation and in regulation 7(2) of the Working Tax Credit (Payment by Employers) Regulations 2002 (payment by employers) were disregarded.
C is the amount payable by the employer to his employees by way of tax credit under the Working Tax Credit (Payment by Employers) Regulations 2002.
SP is the amount which would be payable by the employer to his employees by way of statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay.
Here references to statutory sick say, statutory maternity pay, statutory paternity pay and statutory adoption pay are references to payments of that kind under the Social Security Contributions and Benefits Act 1992 or in Northern Ireland under the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
CD is —
if the employer is a company, the amount which others would deduct from payments to it, in its position as a sub-contractor, under section 559 of the Taxes Act; and
in any other case, nil.
.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
7th March 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Foundation Stage Profile Assessment Arrangements) (England) Order 2003 and shall come into force on 1st June 2003.
2
The provisions of this Order apply to maintained schools, maintained nursery schools and persons providing funded nursery education under the arrangements mentioned in section 77(2)(b) of the Act .
Interpretation
2
1
In this Order–
“the Act” means the Education Act 2002;
“the 1996 Act ” means the Education Act 1996 ;
“Assessment scales” has the meaning ascribed to that term in the Document ;
“the Document” means the Foundation Stage Profile Handbook ;
“foundation stage profile” means a summary record of a child’s attainment based upon practitioners' observation including an assessment in relation to a child in the final year of the foundation stage in relation to each of the early learning goals specified in The Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003 ;
“foundation stage setting” means a maintained school, a maintained nursery school or establishment where nursery education is provided under the arrangements mentioned in section 77(2)(b) of the Act at which the foundation stage is taught;
“practitioner” means any person who teaches the foundation stage in a foundation stage setting;
“relevant local education authority” means the local authority by which a foundation stage setting is either maintained or funded; and
“responsible person” means the head teacher of a maintained school or maintained nursery school and the person responsible for the provision of funded early years settings under the arrangements mentioned in section 77(2)(b) of the Act.
Timing of assessment
3
1
Subject to paragraph (2), a foundation stage profile shall be completed in respect of children in the final year of the foundation stage in accordance with article 4 during the final term of the foundation stage.
2
Where for reasons outside the control of the responsible person the foundation stage profile in relation to a child cannot be completed within the period in paragraph (1) it shall be completed as soon as practicable thereafter.
Practitioner assessment
4
1
It shall be the duty of the responsible person in a foundation stage setting to make arrangements for each child in respect of whom article 3 applies to be assessed throughout the year by a practitioner in relation to each of the areas of learning and early learning goals, to enable a foundation stage profile and a record of attainment to be completed in the final term in accordance with the provisions of this Order.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the child in each of the areas of learning and the early learning goals that apply to him and to complete a foundation stage profile of the child.
3
The record of attainment shall consist of the statement of the level of achievement attained by the child on each of the assessment scales in relation to each of the early learning goals set out in the Document.
4
A foundation stage profile shall be completed in relation to each child referred to in article 3 and a record of attainment made by the practitioner by the end of the final term of the foundation stage and not later than 4th July falling in that term if earlier.
5
Practitioners who are responsible for the completion of foundation stage profiles and responsible persons who are responsible for ensuring the proper conduct of such profiles shall have regard to the Document in conducting the assessment of children and in relation to the completion of foundation stage profiles.
Monitoring of assessment arrangements
5
1
The relevant local education authority (referred to in this article as “the monitoring authority”) shall make provision for the monitoring of the assessment process undertaken pursuant to article 4.
2
The monitoring authority shall have regard to the Document in the exercise the functions conferred on it by this article.
3
The monitoring authority shall exercise the functions conferred on it by this article in any school year in relation to all relevant foundation stage settings.
4
For the purposes of this article, relevant foundation stage settings comprise all foundation stage settings maintained or funded by the monitoring authority at which in any school year foundation stage profile assessments are administered to children under article 4.
5
It shall be the duty of the responsible person and of the governing body of a maintained school or maintained nursery school–
a
to permit the monitoring authority to enter the relevant foundation stage setting at all reasonable times in order to observe the implementation of the arrangements for the completion of foundation stage profiles under article 4;
b
to permit the monitoring authority to inspect and take copies of documents and other articles relating to those foundation stage profiles and assessments; and
c
to provide to the monitoring authority such information relating to such foundation stage profile and assessment as they may reasonably request.
Provision of information to parents
6
The responsible person in a foundation stage setting shall have the functions set out in Part 1 of the Schedule in relation to the provision of information to the parent of a child in respect of whom the provisions of this Order apply.
Provision of information to the local education authority and to a child’s new school
7
The responsible person in a foundation stage setting shall have the functions set out in Part 2 of the Schedule in relation to the provision of information to the local education authority and, where a child ceases to be registered at the foundation stage setting during the final year of the foundation stage, to a child’s new school.
Provision of information by the local education authority to the Secretary of State
8
Every local education authority shall have the functions set out in Part 3 of the Schedule in relation to the provision of information to the Secretary of State.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
14th May 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Claims and Payments and Miscellaneous Amendments) Regulations 2003 and shall come into force on 21st July 2003.
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendment of the Claims and Payments Regulations
2
1
The Claims and Payments Regulations shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 4 (making a claim for benefit) —
a
at the beginning of paragraph (6) insert “Subject to paragraphs (6A) to (6D),”;
b
after paragraph (6) insert the following paragraphs —
6A
Paragraphs (6B) and (6C) apply in relation to a person —
a
who has attained the qualifying age and makes a claim for —
i
an attendance allowance, a bereavement benefit, a carer’s allowance, a disability living allowance or incapacity benefit; or
ii
a retirement pension of any category for which a claim is required or a winter fuel payment for which a claim is required under regulation 3(1)(b) of the Social Fund Winter Fuel Payment Regulations 2000 ;
b
who has not yet attained the qualifying age and makes a claim for a retirement pension in advance in accordance with regulation 15(1); or
c
who has attained the qualifying age and makes a claim for income support in respect of a period before 6th October 2003.
6B
A person to whom paragraph (6A) applies may make a claim by sending or delivering it to, or by making it in person at —
a
an office designated by the Secretary of State for accepting such claims; or
b
the offices of —
i
a local authority administering housing benefit or council tax benefit;
ii
a person providing to such an authority services relating to housing benefit or council tax benefit; or
iii
a person authorised to exercise any function of a local authority relating to housing benefit or council tax benefit,
if the Secretary of State has arranged with the local authority or person specified in head (ii) or (iii) for them to receive claims in accordance with this sub-paragraph,
provided that the claim is made on a form which is approved by the Secretary of State for the purpose.
6C
Where a person to whom paragraph (6A) applies makes a claim in accordance with paragraph (6B)(b), on receipt of the claim the local authority or other person specified in that sub-paragraph —
a
shall forward the claim to the Secretary of State as soon as reasonably practicable;
b
may receive information or evidence relating to the claim supplied by —
i
the person making, or who has made, the claim; or
ii
other persons in connection with the claim,
and shall forward it to the Secretary of State as soon as reasonably practicable;
c
may obtain information or evidence relating to the claim from the person who has made the claim, but not any medical information or evidence except for that which the claimant must provide in accordance with instructions on the form, and shall forward the information or evidence to the Secretary of State as soon as reasonably practicable;
d
may record information or evidence relating to the claim supplied or obtained in accordance with sub-paragraphs (b) or (c) and may hold the information or evidence (whether as supplied or obtained or as recorded) for the purpose of forwarding it to the Secretary of State; and
e
may give information and advice with respect to the claim to the person who makes, or who has made, the claim.
6D
The benefits specified in paragraph (6A) are relevant benefits for the purposes of section 7A of the Social Security Administration Act 1992 .
; and
c
in paragraph (7) after “when it is received” insert “in an appropriate office, or other office specified in paragraph (6B) where that paragraph applies,”.
3
In regulation 4D (making a claim for state pension credit) —
a
in paragraph (4) —
i
in sub-paragraph (b) for “services to such an authority” substitute “to such an authority services relating to housing benefit or council tax benefit”; and
ii
after sub-paragraph (c) add —
if the Secretary of State has arranged with the local authority or person specified in sub-paragraph (b) or (c) for them to receive claims in accordance with this paragraph
; and
b
in paragraph (11)(b) after “appropriate office” insert “or other office specified in regulation 4F(3)”.
4
In regulation 4F (making a claim after attaining qualifying age: date of claim) —
a
in paragraph (3)(a) after “an appropriate office” insert “, or other office designated by the Secretary of State for accepting claims for state pension credit or the office of a person specified in regulation 4D(4),”; and
b
in paragraph (3) for “the appropriate office” substitute “an office specified in sub-paragraph (a)”.
5
In regulation 6 (date of claim) —
a
after paragraph (1) insert the following paragraph —
1ZA
In the case of a claim made in accordance with regulation 4(6B) —
a
paragraph (1) shall apply in relation to a claim received at an office specified in that regulation as it applies in relation to a claim received at an appropriate office; and
b
paragraph (1A) shall apply in relation to an office specified in that regulation as it applies in relation to an appropriate office.
;
b
in paragraph (8) for “paragraph (8A)” substitute “paragraphs (8A) and (8B)”;
c
after paragraph (8A) insert the following paragraph —
8B
In the case of a claim for disability living allowance or attendance allowance made in accordance with regulation 4(6B), paragraphs (8) and (8A) shall apply in relation to an office specified in that regulation as they apply in relation to an appropriate office.
.
6
In regulation 32 (information to be given and changes to be notified) paragraph (1A) inserted by the Social Security (Claims and Information) Regulations 1999 shall be renumbered paragraph “(1C)”.
Amendment of the Housing Benefit Regulations
3
In regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) —
a
in paragraph (4), after sub-paragraph (e) add the following sub-paragraph —
f
where the claimant has attained the qualifying age for entitlement to state pension credit under the State Pension Credit Act, may be sent or delivered to an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for determination by the relevant authority.
; and
b
in paragraph (5), for sub-paragraph (c) substitute the following sub-paragraphs —
c
in a case where a claim is sent or delivered to an office in accordance with paragraph (4)(f), the date on which the claim is received at that office;
d
in any other case, the date on which the claim is received at the designated office.
.
Amendment of the Council Tax Benefit Regulations
4
In regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made) —
a
in paragraph (4), after sub-paragraph (e) add the following sub-paragraph —
f
where the claimant has attained the qualifying age for entitlement to state pension credit under the State Pension Credit Act, may be sent or delivered to an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for determination by the relevant authority.
; and
b
in paragraph (5), for sub-paragraph (d) substitute the following sub-paragraphs —
d
in a case where a claim is sent or delivered to an office in accordance with paragraph (4)(f), the date on which the claim is received at that office;
e
in any other case, the date on which the claim is received at the designated office.
.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
24th June 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Buckinghamshire) (District of Aylesbury Vale) Order 2003 and shall come into force on 30th June 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the District of Aylesbury Vale.
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
John Spellar
Minister of State,
Department for Transport
8th May 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Friendly Societies (Modification of the Corporation Tax Acts) (Amendment) Regulations 2003 and shall come into force on 30th January 2003.
2
Regulations 3 to 8 shall have effect in relation to accounting periods ending on or after 1st December 2001.
Interpretation
2
In these Regulations–
“the principal regulations” means the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997 ;
“regulation” means a regulation of the principal regulations;
“the Taxes Act ” means the Income and Corporation Taxes Act 1988.
Amendments to the principal Regulations
3
In regulation 4A(2) , in the words treated as substituted in section 43F(1) of the Taxes Act, for “section 46 or 47 of the Friendly Societies Act 1992” substitute “rule 5.1 or 5.2 of the Prudential Sourcebook (Friendly Societies)”.
4
In both —
a
regulation 6(3) in the definition of “liabilities”, and
b
regulation 6(6) in the definition of “value”,
treated respectively as substituted in section 431(2) of the Taxes Act, for “Friendly Societies Commission” (wherever those words appear) substitute “Financial Services Authority”.
5
In regulation 9(3) , in the subsection (1E) treated as inserted in section 432A of the Taxes Act, for “Commission” substitute “Authority”.
6
For regulation 13(1)(a) substitute —
a
incorporated directive societies to which neither subsection (2) nor subsection (3) of section 37 of the Friendly Societies Act 1992 applies,.
7
In regulation 21B —
a
in paragraph (1)(a) at the end add “other than section 37(3) societies”; and
b
in paragraph (2), in the subsection (7) treated as added to section 438B of the Taxes Act, for “business fund” substitute “insurance fund”.
8
In regulation 36(2) , in the subsection (2) treated as substituted in section 83A of the Finance Act 1989, for “Friendly Societies Commission” (in each place those words appear) substitute “Financial Services Authority”.
9
After regulation 50 insert–
Modifications of paragraph 17 of Schedule 7AC to the 1992 Act
50A
1
Paragraphs (2) and (3) prescribe modifications of paragraph 17 of Schedule 7AC to the 1992 Act so far as it applies to the life or endowment business carried on by–
a
incorporated directive societies to which neither subsection (2) nor subsection (3) of section 37 of the Friendly Societies Act 1992 applies, or
b
non-directive societies other than section 37(3) societies,
in relation to disposals on or after 1st April 2002.
2
In sub-paragraph (2) at the end add “(within the meaning in section 432A(11) to (14) of the Taxes Act, as added by regulation 13(5) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997)”.
3
In sub-paragraph (5) for “and “long-term insurance fund” have the meanings” substitute “has the meaning”.
Modifications of paragraph 10 of Schedule 7AD to the 1992 Act
50B
1
Paragraph (2) prescribes modifications of paragraph 10 of Schedule 7AD to the 1992 Act so far as it applies to the life or endowment business carried on by–
a
incorporated directive societies to which neither subsection (2) nor subsection (3) of section 37 of the Friendly Societies Act 1992 applies, or
b
non-directive societies other than section 37(3) societies,
in relation to periods of account to which Schedule 7AD to the 1992 Act applies (in accordance with paragraphs 11 to 13 of that Schedule).
2
In sub-paragraph (1)–
a
for “, “long-term business” and “long-term insurance fund”” substitute “and “long-term business””;
b
insert in the appropriate place the following definition–
“assets of the long-term insurance fund” has the meaning in section 432A(11) to (14) of the Taxes Act (as added by regulation 13(5) of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997);
.
10
1
After regulation 53D insert–
Modification of section 66 of the Finance Act 2002
53E
1
Paragraph (2) prescribes a modification of section 66 of the Finance Act 2002 so far as it applies to the life or endowment business carried on by friendly societies in relation to accounting periods beginning on or after 1st August 2001, and assets held on 1st January 2002.
2
In subsection (4)(a) for “a transfer scheme” substitute “any specified transactions (as defined in regulation 2 of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997)”.
Modification of paragraph 10 of Schedule 22 to the Finance Act 2002
53F
1
Paragraph (2) prescribes a modification of paragraph 10 of Schedule 22 to the Finance Act 2002 so far as it applies to the life or endowment business carried on by friendly societies in relation to accounting periods ending on or after 1st August 2002.
2
In both of–
a
sub-paragraph (1)(a) for “a transfer scheme”, and
b
sub-paragraph (2) for “the transfer scheme”,
substitute “any specified transactions (as defined in regulation 2 of the Friendly Societies (Modification of the Corporation Tax Acts) Regulations 1997)”.
Modifications of paragraph 28 of Schedule 26 to the Finance Act 2002
53G
1
Paragraphs (2) to (4) prescribe modifications of paragraph 28 of Schedule 26 to the Finance Act 2002 in relation to accounting periods beginning on or after 1st October 2002.
2
In sub-paragraph (2)(c) omit “which has effect under an insurance business transfer scheme”.
3
Omit sub-paragraph (2)(d).
4
Omit sub-paragraph (5).
Modification of paragraph 36 of Schedule 29 to the Finance Act 2002
53H
1
Paragraph (2) prescribes a modification of paragraph 36 of Schedule 29 to the Finance Act 2002 so far as it applies to the life or endowment business carried on by friendly societies on or after 1st April 2002, subject to the transitional provisions in Part 14 of that Schedule.
2
In sub-paragraph (3) after “carries on” insert “taxable”.
Modifications of paragraph 89 of Schedule 29 to the Finance Act 2002
53J
1
Paragraphs (2) to (4) prescribe modifications of paragraph 89 of Schedule 29 to the Finance Act 2002 in relation to specified transactions taking place on or after 1st April 2002.
2
In sub-paragraph (1)(a) omit the words from “which has effect” to the end.
3
Omit sub-paragraph (1)(b).
4
In sub-paragraph (3) omit the definition of “insurance business transfer scheme”.
Philip Woolas
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
9th January 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Adoption (Intercountry Aspects) Act 1999 (Commencement No. 8) Order 2003.
2
In this Order “ the Act ” means the Adoption (Intercountry Aspects) Act 1999.
Appointed days
2
1
23rd January 2003 is the appointed day for the coming into force of the following provisions of the Act as respects England and Wales —
a
section 1 and Schedule 1 (regulations giving effect to Convention) and section 16(1) (devolution);
b
for the purposes of making regulations, section 3 (Convention adoption order) and section 12 (registration of certain intercountry adoptions); and
c
for the purposes specified in sub-paragraph (b), section 8 in so far as it relates to the meaning of “Convention adoption” and “Convention adoption order”.
2
1st June 2003 is the appointed day for the coming into force of the following provisions of the Act as respects England and Wales —
a
section 2(1), (2) and (4) (Central Authorities and accredited bodies);
b
section 3 in so far as it has not already been brought into force;
c
section 4 (effect of Convention adoptions in England and Wales);
d
section 6 (annulment of Convention adoptions etc. );
e
section 8 (meaning of “Convention adoption” and related expressions in the 1976 Act) in so far as it has not already been brought into force;
f
section 12 in so far as it has not already been brought into force;
g
section 17 (saving for adoption etc. 1965 Convention);
h
Schedule 2 paragraphs 1, 3 and 5 and section 15 in so far as it relates to those paragraphs in that Schedule; and
i
Schedule 3 and section 15 in so far as it relates to that Schedule.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
22nd January 2003


text:
Citation and commencement
1
This Order may be cited as the Channel Four Television Corporation (Borrowing Limit) Order 2003 and shall come into force on 29th December 2003.
Limit on borrowing
2
There shall be a limit on the borrowing that the Channel Four Television Corporation is allowed to undertake, and that limit is specified to be the sum of £200 million.
Tessa Jowell
Secretary of State for Culture, Media and Sport
2nd December 2003
We consent to this Order
Nick Ainger
John Heppell
Two of the Commissioners of Her Majesty’s Treasury
4th December 2003