text:
PART I
INTRODUCTION
Citation, commencement and effect
1
1
This Order may be cited as the Social Security Benefits Up-rating Order 2004.
2
Subject to paragraph (3) of this article, this Order shall come into force for the purposes of —
a
articles 1, 2, 6, 21, 22 and 27, on 1st April 2004;
b
article 8, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 1st April 2004, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Computation of Earnings Regulations ;
c
articles 3 to 5, 7, 12, 13 and 26, on 12th April 2004;
d
article 9, on 6th April 2004;
e
articles 10 and 11, on 4th April 2004;
f
articles 14 and 15, on 15th April 2004;
g
articles 16 to 18, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 12th April 2004, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Income Support Regulations ;
h
articles 19 and 20, in relation to a case where rent is payable at intervals of a week or any multiple thereof, on 5th April 2004, and in relation to any other case, on 1st April 2004;
i
articles 23 to 25, in so far as they relate to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 12th April 2004, and for the purpose of this sub-paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations .
3
The increases made —
a
in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act ; and
b
by article 23(c) of this Order in so far as it is relevant for the purposes referred to in article 6(11) of this Order,
shall take effect for each case on the date specified in relation to that case in article 6 of this Order.
Interpretation
2
In this Order —
“the Computation of Earnings Regulations” means the Social Security Benefit (Computation of Earnings) Regulations 1996 ;
“the Contributions and Benefits Act” means the Social Security Contributions and Benefits Act 1992 ;
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 ;
“the Pension Schemes Act” means the Pension Schemes Act 1993; and
“the State Pension Credit Regulations ” means the State Pension Credit Regulations 2002 .
PART II
SOCIAL SECURITY BENEFITS AND PENSIONS
Increase in rates or amounts of certain benefits under the Contributions and Benefits Act
3
1
The sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below so that Schedule 4 to the Contributions and Benefits Act (contributory periodical benefits, non-contributory periodical benefits, increases for dependants and rates of industrial injuries benefit), except paragraph 5 of Part III of that Schedule (guardian’s allowance), has effect as set out in Schedule 1 to this Order.
2
The sums mentioned in paragraph (1) above are the sums specified in Parts I, III , IV and V of Schedule 4 to the Contributions and Benefits Act except, in —
a
Part I, the sum specified for child’s special allowance;
b
Part III, the sums specified for guardian’s allowance and for age addition to a pension of any category and otherwise under section 79 of that Act;
c
Part IV, the sums specified in column (2) (increase for qualifying child); and
d
Part V, the sums specified for the increase in disablement pension for dependent children, widow’s pension (initial rate) and death benefit allowance in respect of children.
Increase in rates or amounts of certain pensions or allowances under the Contributions and Benefits Act
4
1
The sums specified in paragraphs (2) to (5) below shall be increased from and including the respective dates specified in article 6 below.
2
The sums falling to be calculated under paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (calculation of weekly rate of a beneficiary’s retirement allowance) shall be increased by 2.8 per cent. of their amount apart from this Order.
3
In section 44(4) of the Contributions and Benefits Act (basic pension in a Category A retirement pension) —
a
for “£69.20” substitute “£71.15”; and
b
for “£77.45” substitute “£79.60”.
4
It is hereby directed that the sums which are —
a
the additional pensions in long-term benefits calculated by reference to any final relevant year earlier than the tax year 2003–2004 shall be increased by 2.8 per cent. of their amount apart from this Order;
b
the increases in the rates of retirement pensions under Schedule 5 to the Contributions and Benefits Act (increase of pension where entitlement is deferred) shall be increased by 2.8 per cent. of their amount apart from this Order; and
c
payable to a pensioner as part of his Category A or Category B retirement pension by virtue of an order made under section 126A of the Social Security Act 1975 , section 63 of the Social Security Act 1986 or section 150(1)(e) of the Social Security Administration Act 1992 shall be increased by 2.8 per cent. of their amount apart from this Order.
5
The sums which, under —
a
section 55A of the Contributions and Benefits Act , are shared additional pensions;
b
section 55C of the Contributions and Benefits Act , are increases in the rates of such pensions,
shall in each case be increased by 2.8 per cent. of their amount apart from this Order.
Increase in rates or amounts of certain benefits under the Pension Schemes Act
5
1
It is hereby directed that the sums specified in paragraph (2) below shall be increased from and including the respective dates specified in article 6 below.
2
Sums which are payable by virtue of section 15(1) of the Pension Schemes Act (which provides for increases in a person’s guaranteed minimum pension if payment of his occupational pension is postponed after he attains pensionable age) to a person who is also entitled to a Category A or Category B retirement pension (including sums payable by virtue of section 17(2) of that Act), shall be increased by 2.8 per cent. of their amount apart from this Order where the increase under section 15(1) is attributable to earnings factors for the tax year 1987–88 and earlier tax years .
Dates on which sums specified for rates or amounts of benefits under the Contributions and Benefits Act or the Pension Schemes Act are increased by this Order
6
1
Paragraphs (2) to (9) of this article, which are subject to the provisions of paragraphs (10) and (11) below, specify the date on which the increases made by this Order in the sums specified for rates or amounts of benefit under the Contributions and Benefits Act or the Pension Schemes Act shall take effect for each case.
2
Subject to paragraph (3) below, any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 12th April 2004.
3
In the case of a person over pensionable age —
a
whose entitlement to a Category A retirement pension is deferred; and
b
for whom the rate of short-term incapacity benefit falls to be calculated in accordance with section 30B(3) of the Contributions and Benefits Act ,
any increases in the sums mentioned in articles 3, 4 and 12 of this Order for Category A and Category B retirement pension and graduated retirement benefit together with, where appropriate, any increases for dependants, shall take effect on 15th April 2004.
4
The increases in the sums mentioned in articles 4(4)(c) and 5(2) shall take effect on 12th April 2004.
5
Any increases in the sums specified for —
a
the rate of —
i
Category C and Category D retirement pension,
ii
child’s special allowance ,
iii
attendance allowance, and
iv
carer’s allowance (except in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday); and
b
any increases in —
i
Category C retirement pension and carer’s allowance referred to in heads (i) and (iv) of sub-paragraph (a) above, and
ii
maternity allowance, widowed mother’s allowance and widowed parent’s allowance,
in respect of dependants,
shall in all cases take effect on 12th April 2004.
6
Any increases in the sums specified for —
a
the rate of —
i
carer’s allowance in a case where the Secretary of State has made arrangements for it to be paid on a Wednesday,
ii
disablement benefit,
iii
maximum disablement gratuity under paragraph 9(2) of Schedule 7 to the Contributions and Benefits Act,
iv
industrial death benefit by way of widow’s and widower’s pension and allowance in respect of children, and
v
the maximum of the aggregate of weekly benefit payable for successive accidents, under section 107(1) of the Contributions and Benefits Act; and
b
any increases in —
i
the benefits referred to in heads (i), (iii) and (iv) of sub-paragraph (a) above in respect of dependants, and
ii
disablement pension,
shall in all cases take effect on 14th April 2004.
7
In any case where a person’s weekly rate of Category A or Category B retirement pension falls to be increased under the provisions of section 47(1) or 48C(2) of the Contributions and Benefits Act by reference to the weekly rate of invalidity allowance or age addition to long-term incapacity benefit to which he was previously entitled, any increase in such sum shall take effect on 12th April 2004.
8
The increases in the sums specified for the rate of incapacity benefit and severe disablement allowance (together with, where appropriate, any increases for dependants) shall take effect in all cases on 15th April 2004.
9
The increases in the sums falling to be calculated in accordance with paragraph 13(4) of Schedule 7 to the Contributions and Benefits Act (retirement allowance) shall take effect on 14th April 2004.
10
In the case of a person who is subject to the provisions of regulations made under section 73(1)(b) of the Social Security Administration Act 1992 (adjustment of benefit for persons undergoing medical or other treatment as an in-patient in a hospital) the increase in the sum mentioned in article 4(3)(b) of this Order shall take effect in that case on the day on which the increase in the benefit payable to him apart from those regulations takes effect.
11
Any increases in the sums specified in articles 3 and 23(c) of this Order, in so far as those sums are relevant for the purposes of establishing whether the rate of any benefit is not to be increased in respect of an adult dependant because the earnings of the dependant exceed a specified amount , shall take effect —
a
except in a case where sub-paragraph (b) below applies, on the first day of the first benefit week to commence for the beneficiary on or after 12th April 2004;
b
in a case where regulation 7(b) of the Computation of Earnings Regulations (date on which earnings are treated as paid) applies, on the first day of the first benefit week to commence for the beneficiary on or after 1st April 2004,
and for the purposes of this paragraph, “benefit week” has the same meaning as in regulation 2(1) of the Computation of Earnings Regulations.
Increase in rates of certain workmen’s compensation and industrial diseases benefits in respect of employment before 5th July 1948
7
From and including —
a
14th April 2004, for “£43.15” referred to in paragraph 2(6)(c) of Schedule 8 to the Contributions and Benefits Act (maximum weekly rate of lesser incapacity allowance supplementing workmen’s compensation);
b
15th April 2004, for that sum referred to in paragraph 6(2)(b) of that Schedule (industrial diseases benefit schemes: weekly rate of allowance payable where disablement is not total),
substitute “£44.35”.
Earnings Limits
8
In section 80(4) of the Contributions and Benefits Act (earnings limits in respect of child dependency increases) —
a
for “£160.00”, in both places where it occurs, substitute “£165.00”; and
b
for “£20.00” substitute “£21.00”.
Statutory Sick Pay
9
In section 157(1) of the Contributions and Benefits Act (rate of payment of statutory sick pay) for “£64.35” substitute “£66.15”.
Statutory Maternity Pay
10
In regulation 6 of the Statutory Maternity Pay (General) Regulations 1986 (prescribed rate of statutory maternity pay) for “£100.00” substitute “£102.80”.
Statutory Paternity Pay and Statutory Adoption Pay
11
In the Statutory Paternity Pay and Statutory Adoption Pay (Weekly Rates) Regulations 2002 —
a
in regulation 2 (weekly rate of payment of statutory paternity pay) —
i
in paragraph (1) “£75.00” remains unchanged , and
ii
in paragraph (2)(a) for “£100.00” substitute “£102.80”; and
b
in regulation 3(a) (weekly rate of payment of statutory adoption pay) for “£100.00” substitute “£102.80”.
Increase in rate of graduated retirement benefit
12
1
In section 36(1) of the National Insurance Act 1965 (graduated retirement benefit) —
a
the sum of 9.37 pence shall be increased by 2.8 per cent.; and
b
from and including 12th April 2004 the reference in that provision to that sum shall have effect as a reference to 9.63 pence.
2
The sums which are the increases of graduated retirement benefit under Schedule 2 to the Social Security (Graduated Retirement Benefit) ( No. 2) Regulations 1978 (increases for deferred retirement) shall be increased by 2.8 per cent. of their amount apart from this Order.
3
The sums which are the additions under section 37(1) of the National Insurance Act 1965 (additions for widows and widowers) shall be increased by 2.8 per cent. of their amount apart from this Order.
Increase in rates of Disability Living Allowance
13
In regulation 4 of the Social Security (Disability Living Allowance) Regulations 1991 (rate of benefit) —
a
in paragraph (1)(a) for “£57.20” substitute “£58.80”;
b
in paragraph (1)(b) for “£38.30” substitute “£39.35”;
c
in paragraph (1)(c) for “£15.15” substitute “£15.55”;
d
in paragraph (2)(a) for “£39.95” substitute “£41.05”; and
e
in paragraph (2)(b) for “£15.15” substitute “£15.55”.
Increase in rates of age addition to long-term incapacity benefit
14
In regulation 10(2) of the Social Security (Incapacity Benefit) Regulations 1994 (increase in rate of incapacity benefit where beneficiary is under prescribed age on the qualifying date) —
a
in sub-paragraph (a) for “£15.15” substitute “£15.55”; and
b
in sub-paragraph (b) for “£7.60” substitute “£7.80”.
Increase in rates of transitional invalidity allowance in long-term incapacity benefit cases
15
In regulation 18(2) of the Social Security (Incapacity Benefit) (Transitional) Regulations 1995 (rate of long-term incapacity benefit in transitional cases) —
a
in sub-paragraph (a) for “£15.15” substitute “£15.55”;
b
in sub-paragraph (b) for “£9.70” substitute “£10.00”; and
c
in sub-paragraph (c) for “£4.85” substitute “£5.00”.
PART III
INCOME SUPPORT, HOUSING BENEFIT AND COUNCIL TAX BENEFIT
Applicable amounts for Income Support
16
1
The sums relevant to the calculation of an applicable amount as specified in the Income Support Regulations shall be the sums set out in the following provisions of this article and Schedules 2 to 5 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Income Support Regulations bearing that number.
2
In —
a
regulations 17(1)(b), 18(1)(c), 21(1) and 71(1)(a)(ii) and (d)(i); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 2 to this Order.
4
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£15.90” substitute “£15.95”; and
b
in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”.
5
The sums specified in Part IV of Schedule 2 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 3 to this Order.
6
In paragraph 18 of Schedule 3 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£92.00” substitute “£97.00”;
d
in sub-paragraph (2)(b) —
i
for “£92.00” substitute “£97.00”;
ii
for “£137.00” substitute “£144.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£137.00” substitute “£144.00”;
ii
for “£177.00” substitute “£186.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£177.00” substitute “£186.00”;
ii
for “£235.00” substitute “£247.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£235.00” substitute “£247.00”;
ii
for “£293.00” substitute “£308.00”;
iii
“£43.50” remains unchanged.
7
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 7 (applicable amounts in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 4 to this Order; and
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
8
The sums specified in any provision of the Income Support Regulations set out in column (1) of Schedule 5 to this Order are the sums set out in column (2) of that Schedule.
9
In paragraph 19(b) of Schedule 9 (sums to be disregarded in the calculation of income other than earnings) for “£9.65” substitute “£9.80”.
Income Support Transitional Protection
17
It is hereby directed that the sums which are special transitional additions to income support payable in accordance with regulation 15 of the Income Support (Transitional) Regulations 1987 (special transitional addition) shall be increased by 1.8 per cent. of their amount apart from this Order.
The Relevant Sum for Income Support
18
In section 126(7) of the Contributions and Benefits Act (trade disputes: the relevant sum) for “£29.50” substitute “£30.00”.
Housing Benefit
19
1
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 6 and 7 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.
2
In —
a
regulations 16(b) and 17(c); and
b
paragraphs 13A(2)(a) and 14(a) of Part III of Schedule 2 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 18(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£19.35” substitute “£19.90” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£15.50” substitute “£15.90” in each case; and
c
in sub-paragraph (c)(ii) for “£38.70” substitute “£39.80”.
4
In regulation 21(1A) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£94.50” substitute “£135.00”; and
b
in sub-paragraph (b) for “£140” substitute “£200”.
5
In regulation 63 (non-dependant deductions) —
a
in paragraph (1)(a) “£47.75” remains unchanged;
b
in paragraph (1)(b) “£7.40” remains unchanged;
c
in paragraph (2)(a) for “£92.00” substitute “£97.00”;
d
in paragraph (2)(b) —
i
for “£92.00” substitute “£97.00”;
ii
for “£137.00” substitute “£144.00”;
iii
“£17.00” remains unchanged;
e
in paragraph (2)(c) —
i
for “£137.00” substitute “£144.00”;
ii
for “£177.00” substitute “£186.00”;
iii
“£23.35” remains unchanged;
f
in paragraph (2)(d) —
i
for “£177.00” substitute “£186.00”;
ii
for “£235.00” substitute “£247.00”;
iii
“£38.20” remains unchanged; and
g
in paragraph (2)(e) —
i
for “£235.00” substitute “£247.00”;
ii
for “£293.00” substitute “£308.00”;
iii
“£43.50” remains unchanged.
6
In paragraph 1A of Part I of Schedule 1 (ineligible service charges), for “£19.50”, “£19.50”, “£9.85”, “£12.95”, “£12.95”, “£6.55” and “£2.40” substitute “£19.85”, “£19.85”, “£10.05”, “£13.20”, “£13.20”, “£6.65” and “£2.45” respectively.
7
In paragraph 5 of Part II of Schedule 1 (payments in respect of fuel charges) —
a
in sub-paragraph (2)(a) for “£9.65” substitute “£9.80”; and
b
in sub-paragraph (2)(b) and (d) for “£1.15” substitute “£1.20”.
8
The sums specified in Part I of Schedule 2 (applicable amounts: personal allowances) shall be as set out in Schedule 6 to this Order.
9
In paragraph 3 of Part II of Schedule 2 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”; and
c
in sub-paragraph (1A) for “£10.45” substitute “£10.50”.
10
The sums specified in Part IV of Schedule 2 (applicable amounts: premiums) shall be as set out in Schedule 7 to this Order.
11
In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£11.90” substitute “£12.32”.
12
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 20(b) for “£9.65” substitute “£9.80”; and
b
in paragraph 58 for “£11.90” substitute “£12.32”.
Housing Benefit for certain persons over the qualifying age for State Pension Credit
20
1
This article applies to persons to whom regulation 2 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (“the 2003 Regulations ”) applies and references in this article to the Housing Benefit Regulations are to the Housing Benefit Regulations as modified by the 2003 Regulations in their application to those persons.
2
As from a date determined in accordance with article 1 of this Order, the sums relevant to the calculation of an applicable amount as specified in the Housing Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 8 and 9 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Housing Benefit Regulations bearing that number.
3
In regulation 16(3)(a) (applicable amounts) “20 per cent.” remains unchanged.
4
In regulation 26(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£94.50” substitute “£135.00”; and
b
in sub-paragraph (b) for “£140” substitute “£200”.
5
The sums specified in Part I of Schedule 2A (applicable amounts: personal allowances) shall be as set out in Schedule 8 to this Order.
6
In paragraph 3 of Part II of Schedule 2A (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£15.75” substitute “£15.95”; and
b
in sub-paragraph (2) for “£10.45” substitute “£10.50”.
7
The sums specified in Part IV of Schedule 2A (applicable amounts: amounts of premiums specified in Part III) shall be as set out in Schedule 9 to this Order.
8
In paragraph 9(1) and (3)(c) of Schedule 3A (sums disregarded from claimant’s earnings) for “£11.90” substitute “£12.32”.
9
In paragraph 21 of Schedule 4A (amounts to be disregarded in the calculation of income other than earnings) for “£11.90” substitute “£12.32”.
Council Tax Benefit
21
1
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 10 and 11 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.
2
In —
a
regulations 8(b) and 9(c); and
b
paragraphs 14A(2)(a) and 15(a) of Part III of Schedule 1 (applicable amounts),
the sum specified is in each case £3,000.
3
In regulation 10(1) (patients) —
a
in sub-paragraphs (a), (b) and (d)(ii) for “£19.35” substitute “£19.90” in each case;
b
in sub-paragraphs (c)(i) and (d)(i) for “£15.50” substitute “£15.90” in each case; and
c
in sub-paragraph (c)(ii) for “£38.70” substitute “£39.80”.
4
In regulation 13(1A) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£94.50” substitute “£135.00”; and
b
in sub-paragraph (b) for “£140” substitute “£200”.
5
In regulation 52 (non-dependant deductions) —
a
in paragraph (1)(a) “£6.95” remains unchanged;
b
in paragraph (1)(b) “£2.30” remains unchanged;
c
in paragraph (2)(a) for “£137.00” substitute “£144.00”;
d
in paragraph (2)(b) —
i
for “£137.00” substitute “£144.00”;
ii
for “£235.00” substitute “£247.00”;
iii
“£4.60” remains unchanged; and
e
in paragraph (2)(c) —
i
for “£235.00” substitute “£247.00”;
ii
for “£293.00” substitute “£308.00”;
iii
“£5.80” remains unchanged.
6
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 10 to this Order.
7
In paragraph 3 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) “£22.20” remains unchanged;
b
in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”; and
c
in sub-paragraph (1A) for “£10.45” substitute “£10.50”.
8
The sums specified in Part IV of Schedule 1 (applicable amounts: premiums) shall be as set out in Schedule 11 to this Order.
9
In paragraph 1 of Schedule 2 (amount of alternative maximum council tax benefit) —
a
in sub-paragraph (2)(b)(i) for “£137.00” substitute “£144.00”;
b
in sub-paragraph (2)(b)(ii) for “£137.00” and “£177.00” substitute “£144.00” and “£186.00” respectively.
10
In paragraph 16(1) and (3)(c) of Schedule 3 (sums to be disregarded in the calculation of earnings) for “£11.90” substitute “£12.32”.
11
In Schedule 4 (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 20(b) for “£9.65” substitute “£9.80”; and
b
in paragraph 57 for “£11.90” substitute “£12.32”.
Council Tax Benefit for certain persons over the qualifying age for State Pension Credit
22
1
This article applies to persons to whom regulation 12 of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 (“the 2003 Regulations”) applies and references in this article to the Council Tax Benefit Regulations are to the Council Tax Benefit Regulations as modified by the 2003 Regulations in their application to those persons.
2
The sums relevant to the calculation of an applicable amount as specified in the Council Tax Benefit Regulations shall be the sums set out in the following provisions of this article and Schedules 12 and 13 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Council Tax Benefit Regulations bearing that number.
3
In regulation 8(3)(a) (applicable amounts) “20 per cent.” remains unchanged.
4
In regulation 18(3) (calculation of income on a weekly basis) —
a
in sub-paragraph (a) for “£94.50” substitute “£135.00”; and
b
in sub-paragraph (b) for “£140” substitute “£200”.
5
The sums specified in Part I of Schedule 1A (applicable amounts: personal allowances) shall be as set out in Schedule 12 to this Order.
6
In paragraph 3 of Part II of Schedule 1A (applicable amounts: family premium) —
a
in sub-paragraph (1) for “£15.75” substitute “£15.95”; and
b
in sub-paragraph (2) for “£10.45” substitute “£10.50”.
7
The sums specified in Part IV of Schedule 1A (amounts of premiums specified in Part III) shall be as set out in Schedule 13 to this Order.
8
In paragraph 9(1) and (3)(c) of Schedule 3A (sums disregarded from claimant’s earnings) for “£11.90” substitute “£12.32”.
9
In paragraph 21 of Schedule 4A (amounts to be disregarded in the calculation of income other than earnings) for “£11.90” substitute “£12.32”.
PART IV
JOBSEEKER'S ALLOWANCE
Increase in age-related amounts of contribution-based Jobseeker’s Allowance
23
In regulation 79(1) of the Jobseeker’s Allowance Regulations (weekly amounts of contribution-based jobseeker’s allowance) —
a
in sub-paragraph (a) for “£32.90” substitute “£33.50”;
b
in sub-paragraph (b) for “£43.25” substitute “£44.05”; and
c
in sub-paragraph (c) for “£54.65” substitute “£55.65”.
Applicable amounts for Jobseeker’s Allowance
24
1
The sums relevant to the calculation of an applicable amount as specified in the Jobseeker’s Allowance Regulations shall be the sums set out in the following provisions of this article and Schedules 14 to 19 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the Jobseeker’s Allowance Regulations bearing that number.
2
In —
a
regulations 83(b), 84(1)(c), 85(1) and 148(1)(a)(ii) and (d)(i); and
b
paragraphs 15A(2)(a) and 16(a) of Part III of Schedule 1,
the sum specified is in each case £3,000.
3
The sums specified in Part I of Schedule 1 (applicable amounts: personal allowances) shall be as set out in Schedule 14 to this Order.
4
In paragraph 4 of Part II of Schedule 1 (applicable amounts: family premium) —
a
in sub-paragraph (1)(a) for “£15.90” substitute “£15.95”; and
b
in sub-paragraph (1)(b) for “£15.75” substitute “£15.95”.
5
The sums specified in Part IV of Schedule 1 (applicable amounts: weekly amounts of premiums) shall be as set out in Schedule 15 to this Order.
6
The sums specified in Part IVB of Schedule 1 (applicable amounts: weekly amounts of premiums for joint-claim couples) shall be as set out in Schedule 16 to this Order.
7
In paragraph 17 of Schedule 2 (housing costs: non-dependant deductions) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£92.00” substitute “£97.00”;
d
in sub-paragraph (2)(b) —
i
for “£92.00” substitute “£97.00”;
ii
for “£137.00” substitute “£144.00”;
iii
“£17.00” remains unchanged;
e
in sub-paragraph (2)(c) —
i
for “£137.00” substitute “£144.00”;
ii
for “£177.00” substitute “£186.00”;
iii
“£23.35” remains unchanged;
f
in sub-paragraph (2)(d) —
i
for “£177.00” substitute “£186.00”;
ii
for “£235.00” substitute “£247.00”;
iii
“£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) —
i
for “£235.00” substitute “£247.00”;
ii
for “£293.00” substitute “£308.00”;
iii
“£43.50” remains unchanged.
8
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5 (applicable amounts in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 17 to this Order; and
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
9
Those sums relevant to the calculation of an applicable amount which are specified in Schedule 5A (applicable amounts of joint-claim couples in special cases) —
a
which are amended by this Order shall be as set out in Part I of Schedule 18 to this Order; and
b
which are not increased by this Order are the sums set out in Part II of that Schedule.
10
In paragraph 20(b) of Schedule 7 (sums to be disregarded in the calculation of income other than earnings), for “£9.65” substitute “£9.80”.
11
The sums specified in any provision of the Jobseeker’s Allowance Regulations set out in column (1) of Schedule 19 to this Order are the sums set out in column (2) of that Schedule.
The Prescribed Sum for Jobseeker’s Allowance
25
In regulation 172 of the Jobseeker’s Allowance Regulations (trade disputes: prescribed sum) for “£29.50” substitute “£30.00”.
PART V
STATE PENSION CREDIT
State Pension Credit
26
1
The amounts as specified in the State Pension Credit Regulations shall be the amounts set out in the following provisions of this article and Schedule 20 to this Order; and for this purpose references in this article to a numbered regulation or Schedule are, unless the context otherwise requires, references to the regulation of, or the Schedule to, the State Pension Credit Regulations bearing that number.
2
In regulation 6 (amount of the guarantee credit) —
a
in paragraph (1)(a) for “£155.80” substitute “£160.95”;
b
in paragraph (1)(b) for “£102.10” substitute “£105.45”;
c
in paragraph (5)(a) for “£42.95” substitute “£44.15”;
d
in paragraph (5)(b) for “£85.90” substitute “£88.30”; and
e
in paragraph (8) for “£25.10” substitute “£25.55”.
3
In regulation 7 (savings credit) —
a
in paragraph (1) “60 per cent.”, “60 per cent.” and “40 per cent.” in sub-paragraphs (a), (b) and (c) respectively remain unchanged; and
b
in paragraph (2) for “£77.45” and “£123.80” substitute “£79.60” and “£127.25” respectively.
4
In paragraph 14 of Schedule II (persons residing with the claimant) —
a
in sub-paragraph (1)(a) “£47.75” remains unchanged;
b
in sub-paragraph (1)(b) and (c) “£7.40” remains unchanged;
c
in sub-paragraph (2)(a) for “£92.00” substitute “£97.00”;
d
in sub-paragraph (2)(b) for “£92.00” and “£137.00” substitute “£97.00” and “£144.00” respectively and “£17.00” remains unchanged;
e
in sub-paragraph (2)(c) for “£137.00” and “£177.00” substitute “£144.00” and “£186.00” respectively and “£23.35” remains unchanged;
f
in sub-paragraph (2)(d) for “£177.00” and “£235.00” substitute “£186.00” and “£247.00” respectively and “£38.20” remains unchanged; and
g
in sub-paragraph (2)(e) for “£235.00” and “£293.00” substitute “£247.00” and “£308.00” respectively and “£43.50” remains unchanged.
5
In Schedule III —
a
in paragraph 1 (polygamous marriages) —
i
in sub-paragraph (5) for “£155.80” and “£53.70” substitute “£160.95” and “£55.50” respectively;
ii
in sub-paragraph (7) for “£123.80” substitute “£127.25”; and
b
in paragraph 2(2)(a) (further provisions in the case of patients) “20 per cent.” remains unchanged.
6
The amounts specified in any provision of the State Pension Credit Regulations set out in column (1) of Schedule 20 to this Order are the amounts set out in column (2) of that Schedule.
PART VI
REVOCATION
Revocation
27
The Social Security Benefits Up-rating Order 2003 is hereby revoked.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
27th February 2004
We consent,
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd March 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Immigration Services Commissioner (Designated Professional Body) (Fee) Order 2004 and shall come into force on 7th April 2004.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“Commissioner” means the Immigration Services Commissioner appointed under section 83(2) of the Act; and
“designated professional body” has the same meaning as in section 86(1) of the Act.
Fee
3
The fee to be paid to the Commissioner by each designated professional body for the year 1st April 2003 to 31st March 2004 shall be the sum specified in the Schedule to this Order. The fee shall be paid on or before 14th April 2004.
Beverley Hughes
Minister of State
Home Office
16th March 2004


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Individual Savings Account (Amendment No. 2) Regulations 2004 and shall come into force on 7th December 2004.
2
These Regulations (except regulation 3(b)) shall have effect from 6th April 2005.
Amendment of the Individual Savings Account Regulations 1998
2
The Individual Savings Account Regulations 1998 are amended as follows.
3
In regulation 2(1)(a) —
a
in the definition of “account investment”, for “, a cash” to the end substitute “or a cash component, as the case may be, within the meaning of regulation 7 or 8”;
b
in the definition of “assurance undertaking”, for “8” to the end substitute “2 of the Council Directive of 5th November 2002 concerning life assurance (No. 2002/83)”;
c
insert at the appropriate place the following definition —
“the Stakeholder Products Regulations ” means the Financial Services and Markets Act 2000 (Stakeholder Products) Regulations 2004 ;
.
4
In regulation 2(2) omit the definition of “qualifying investments for an insurance component”.
5
In regulation 4 —
a
in paragraph (1)(a) omit “and an insurance component”;
b
in paragraph (2) omit “, and no more” to the end;
c
in paragraph (3) omit sub-paragraph (b); and
d
in paragraph (3)(c) for “£3,000” substitute “£4,000”.
6
After regulation 4B insert —
Removal of insurance components at 6th April 2005
4C
1
This regulation applies to accounts which include (or are made up of) an insurance component immediately before 6th April 2005 (“the transitional time”).
2
Where all the policies of life insurance falling within regulation 9, held under the component at the transitional time, were issued in respect of an insurance made before 6th April 2004, the component —
a
if the account is, or had been, designated as a maxi-account, shall be treated on and from 6th April 2005 as merged into the stocks and shares component for that account; and
b
if the account is, or had been, designated as a mini-account, shall be treated on and from 6th April 2005 as a stocks and shares component of the same account.
3
Where any of the policies of life insurance falling within regulation 9, held under the component at the transitional time, were issued in respect of an insurance made on or after 6th April 2004 —
a
the condition in regulation 7(15) shall be applied to those policies on 6th April 2005 (modified as if the date referred to in that condition were 6th April 2005);
b
if all those policies satisfy that condition, paragraph (2)(a) or (b), as the case may be, shall apply to the component;
c
if any of those policies does not satisfy that condition, the component —
i
if the account is, or had been, designated as a maxi-account including a cash component, shall be treated on and from 6th April 2005 as merged into the cash component for that account; and
ii
in any other case, shall be treated on and from 6th April 2005 as a cash component for the same account.
.
7
In regulation 7(2) add at the end —
m
units in a relevant collective investment scheme specified as a stakeholder product by regulation 5 of the Stakeholder Products Regulations, in circumstances where the units satisfy the condition in paragraph (15);
n
policies of life insurance falling within regulation 9, issued in respect of an insurance made on or after 6th April 2005, in circumstances where the policy satisfies the condition in paragraph (15);
o
policies of life insurance falling within regulation 9, issued in respect of an insurance made before —
i
6th April 2004, in a case where regulation 4C(2)(a) or (b) applies, or
ii
6th April 2005, in a case where regulation 4C(3)(b) applies.
8
In regulation 7(10)(c)(i) omit “, or an insurance component,”.
9
In regulation 7(15) for “were first” substitute “became”.
10
In regulation 7(16) —
a
in sub-paragraph (a) add at the end “, and in the case of a policy of life insurance, under whose terms some or all of the benefits are determined by reference to fluctuations in, or in an index of, the value of any property of any description (whether or not specified in the policy or contract), that property or that index”;
b
in sub-paragraph (b) after “paid” insert —
or payable include premiums paid or payable under a policy of life insurance, and
;
c
in sub-paragraph (c) add at the end “and, in the case of a policy of life insurance, omitting any benefits payable in the event of the death of the account investor”.
11
After regulation 7(16) add —
17
Where a policy of life insurance confers on the person to whom it is issued an option to have another policy issued for it or to have any of its terms changed, the condition in paragraph (15) shall only be satisfied if it would also be satisfied if each or any of the changes capable of being made in pursuance of such an option had been made.
.
12
In regulation 8(2) add at the end —
j
a deposit account specified as a stakeholder product by regulation 4 of the Stakeholder Products Regulations;
k
units in a relevant collective investment scheme specified as a stakeholder product by regulation 5 of the Stakeholder Products Regulations, in circumstances where the units do not satisfy the condition in regulation 7(15);
l
policies of life insurance, falling within regulation 9, issued in respect of an insurance made on or after 6th April 2005, in circumstances where the policy does not satisfy the condition in regulation 7(15);
m
policies of life insurance, falling within regulation 9, issued in respect of an insurance made before 6th April 2005, in a case where regulation 4C(3)(c)(i) or (ii) applies.
.
13
In regulation 9 —
a
for the heading substitute “Insurance policies”;
b
for paragraphs (1) and (2) substitute —
1
Policies referred to in regulation 7(2)(n) or (o) or 8(2)(l) or (m) must, subject to compliance with paragraphs (4) to (7), satisfy the conditions specified in paragraph (3).
2
In paragraph (1) “policies” includes rights under a linked long-term contract specified as a stakeholder product by regulation 6 of the Stakeholder Products Regulations.
;
c
in paragraph (3)(b)(i) omit “an insurance component of”;
d
in paragraph (4) omit “which is a qualifying investment for an insurance component falling within paragraph (2)(a)”.
14
In regulation 14 —
a
in paragraph (2)(b) —
i
in paragraph (iii) omit the words from the beginning to “only,”;
ii
in paragraph (iv) omit the words from the beginning to “only,”;
iii
in paragraph (v) for the words from the beginning to “only, an” substitute “any”;
b
in paragraph (3)(a) —
i
in paragraph (ii) omit “any”;
ii
omit paragraph (iii) and for the word “or” which precedes it substitute “and”.
15
In regulation 22(1) —
a
in sub-paragraph (a)(v) omit “held” to the end;
b
in sub-paragraph (c) omit “held under an insurance component”.
16
In both the heading to regulation 23 and paragraph (1) of that regulation, omit “or insurance component”.
17
In regulation 25(5) —
a
for “qualifying investments for an insurance component of any account” substitute “policies of life insurance falling within regulation 9”;
b
for “the qualifying investments held under any such component” substitute “such policies”.
18
In regulation 31 —
a
in paragraph (4) for “The” substitute “Subject to paragraph (5), the”;
b
in paragraph (5) —
i
for the words from the beginning to “applied” substitute “Paragraph (4) shall apply to policies of life insurance falling within regulation 9”; and
ii
omit “, and of cash”.
19
In regulation 31(7)(b) omit paragraph (iii) and the word “and” which precedes it.
20
In regulation 35(6)(a) omit “held under an insurance component”.
21
In regulation 35(8) omit “held under an insurance component”.
22
In both regulation 36(8) and (9)(a) for “basic” substitute “lower”.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th November 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Contributions) (Re-rating) Consequential Amendment Regulations 2004 and shall come into force on 6th April 2004 immediately after the coming into force of the Social Security (Contributions) (Re-rating and National Insurance Funds Payments) Order 2004 .
Amendment of the Social Security (Contributions) Regulations 2001
2
In regulation 125(c) of the Social Security (Contributions) Regulations 2001 (modification of provisions of the Social Security Contributions and Benefits Act 1992 in relation to share fishermen), for “£2.65” substitute “£2.70”.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
29th March 2004
The Secretary of State concurs. Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under Secretary of State,
Department for Work and Pensions
25th March 2004
The Department for Social Development concurs. Sealed with the Official Seal of the Department for Social Development on 25th March 2004
John O'Neill
Senior Officer of the
Department for Social Development


text:
PART 1
Introductory
Citation and commencement
1
These Regulations may be cited as the Environmental Information Regulations 2004 and shall come into force on 1st January 2005.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Freedom of Information Act 2000 ;
“applicant”, in relation to a request for environmental information, means the person who made the request;
“appropriate records authority”, in relation to a transferred public record, has the same meaning as in section 15(5) of the Act;
“ the Commissioner ” means the Information Commissioner;
“ the Directive ” means Council Directive 2003/4/ EC on public access to environmental information and repealing Council Directive 90/313/ EEC ;
“environmental information” has the same meaning as in Article 2(1) of the Directive, namely any information in written, visual, aural, electronic or any other material form on —
the state of the elements of the environment, such as air and atmosphere, water, soil, land, landscape and natural sites including wetlands, coastal and marine areas, biological diversity and its components, including genetically modified organisms, and the interaction among these elements;
factors, such as substances, energy, noise, radiation or waste, including radioactive waste, emissions, discharges and other releases into the environment, affecting or likely to affect the elements of the environment referred to in (a);
measures (including administrative measures), such as policies, legislation, plans, programmes, environmental agreements, and activities affecting or likely to affect the elements and factors referred to in (a) and (b) as well as measures or activities designed to protect those elements;
reports on the implementation of environmental legislation;
cost-benefit and other economic analyses and assumptions used within the framework of the measures and activities referred to in (c); and
the state of human health and safety, including the contamination of the food chain, where relevant, conditions of human life, cultural sites and built structures inasmuch as they are or may be affected by the state of the elements of the environment referred to in (a) or, through those elements, by any of the matters referred to in (b) and (c);
“historical record” has the same meaning as in section 62(1) of the Act;
“public authority” has the meaning given by paragraph (2);
“public record” has the same meaning as in section 84 of the Act;
“responsible authority”, in relation to a transferred public record, has the same meaning as in section 15(5) of the Act;
“Scottish public authority” means —
a body referred to in section 80(2) of the Act; and
insofar as not such a body, a Scottish public authority as defined in section 3 of the Freedom of Information (Scotland) Act 2002 ;
“transferred public record” has the same meaning as in section 15(4) of the Act; and
“working day” has the same meaning as in section 10(6) of the Act.
2
Subject to paragraph (3), “public authority” means —
a
government departments;
b
any other public authority as defined in section 3(1) of the Act, disregarding for this purpose the exceptions in paragraph 6 of Schedule 1 to the Act, but excluding —
i
any body or office-holder listed in Schedule 1 to the Act only in relation to information of a specified description; or
ii
any person designated by Order under section 5 of the Act;
c
any other body or other person, that carries out functions of public administration; or
d
any other body or other person, that is under the control of a person falling within sub-paragraphs (a), (b) or (c) and —
i
has public responsibilities relating to the environment;
ii
exercises functions of a public nature relating to the environment; or
iii
provides public services relating to the environment.
3
Except as provided by regulation 12(10) a Scottish public authority is not a “public authority” for the purpose of these Regulations.
4
The following expressions have the same meaning in these Regulations as they have in the Data Protection Act 1998 , namely —
a
“data” except that for the purposes of regulation 12(3) and regulation 13 a public authority referred to in the definition of data in paragraph (e) of section 1(1) of that Act means a public authority within the meaning of these Regulations;
b
“the data protection principles”;
c
“data subject”; and
d
“personal data”.
5
Except as provided by this regulation, expressions in these Regulations which appear in the Directive have the same meaning in these Regulations as they have in the Directive.
Application
3
1
Subject to paragraphs (3) and (4), these Regulations apply to public authorities.
2
For the purposes of these Regulations, environmental information is held by a public authority if the information —
a
is in the authority’s possession and has been produced or received by the authority; or
b
is held by another person on behalf of the authority.
3
These Regulations shall not apply to any public authority to the extent that it is acting in a judicial or legislative capacity.
4
These Regulations shall not apply to either House of Parliament to the extent required for the purpose of avoiding an infringement of the privileges of either House.
5
Each government department is to be treated as a person separate from any other government department for the purposes of Parts 2, 4 and 5 of these Regulations.
PART 2
Access to environmental information held by public authorities
Dissemination of environmental information
4
1
Subject to paragraph (3), a public authority shall in respect of environmental information that it holds —
a
progressively make the information available to the public by electronic means which are easily accessible; and
b
take reasonable steps to organize the information relevant to its functions with a view to the active and systematic dissemination to the public of the information.
2
For the purposes of paragraph (1) the use of electronic means to make information available or to organize information shall not be required in relation to information collected before 1st January 2005 in non-electronic form.
3
Paragraph (1) shall not extend to making available or disseminating information which a public authority would be entitled to refuse to disclose under regulation 12.
4
The information under paragraph (1) shall include at least —
a
the information referred to in Article 7(2) of the Directive; and
b
facts and analyses of facts which the public authority considers relevant and important in framing major environmental policy proposals.
Duty to make available environmental information on request
5
1
Subject to paragraph (3) and in accordance with paragraphs (2), (4), (5) and (6) and the remaining provisions of this Part and Part 3 of these Regulations, a public authority that holds environmental information shall make it available on request.
2
Information shall be made available under paragraph (1) as soon as possible and no later than 20 working days after the date of receipt of the request.
3
To the extent that the information requested includes personal data of which the applicant is the data subject, paragraph (1) shall not apply to those personal data.
4
For the purposes of paragraph (1), where the information made available is compiled by or on behalf of the public authority it shall be up to date, accurate and comparable, so far as the public authority reasonably believes.
5
Where a public authority makes available information in paragraph (b) of the definition of environmental information, and the applicant so requests, the public authority shall, insofar as it is able to do so, either inform the applicant of the place where information, if available, can be found on the measurement procedures, including methods of analysis, sampling and pre-treatment of samples, used in compiling the information, or refer the applicant to a standardised procedure used.
6
Any enactment or rule of law that would prevent the disclosure of information in accordance with these Regulations shall not apply.
Form and format of information
6
1
Where an applicant requests that the information be made available in a particular form or format, a public authority shall make it so available, unless —
a
it is reasonable for it to make the information available in another form or format; or
b
the information is already publicly available and easily accessible to the applicant in another form or format.
2
If the information is not made available in the form or format requested, the public authority shall —
a
explain the reason for its decision as soon as possible and no later than 20 working days after the date of receipt of the request for the information;
b
provide the explanation in writing if the applicant so requests; and
c
inform the applicant of the provisions of regulation 11 and of the enforcement and appeal provisions of the Act applied by regulation 18.
Extension of time
7
1
Where a request is made under regulation 5, the public authority may extend the period of 20 working days referred to in the provisions in paragraph (2) to 40 working days if it reasonably believes that the complexity and volume of the information requested means that it is impracticable either to comply with the request within the earlier period or to make a decision to refuse to do so.
2
The provisions referred to in paragraph (1) are —
a
regulation 5(2);
b
regulation 6(2)(a); and
c
regulation 14(2).
3
Where paragraph (1) applies the public authority shall notify the applicant accordingly as soon as possible and no later than 20 working days after the date of receipt of the request.
Charging
8
1
Subject to paragraphs (2) to (8), where a public authority makes environmental information available in accordance with regulation 5(1) the authority may charge the applicant for making the information available.
2
A public authority shall not make any charge for allowing an applicant —
a
to access any public registers or lists of environmental information held by the public authority; or
b
to examine the information requested at the place which the public authority makes available for that examination.
3
A charge under paragraph (1) shall not exceed an amount which the public authority is satisfied is a reasonable amount.
4
A public authority may require advance payment of a charge for making environmental information available and if it does it shall, no later than 20 working days after the date of receipt of the request for the information, notify the applicant of this requirement and of the amount of the advance payment.
5
Where a public authority has notified an applicant under paragraph (4) that advance payment is required, the public authority is not required —
a
to make available the information requested; or
b
to comply with regulations 6 or 14,
unless the charge is paid no later than 60 working days after the date on which it gave the notification.
6
The period beginning with the day on which the notification of a requirement for an advance payment is made and ending on the day on which that payment is received by the public authority is to be disregarded for the purposes of determining the period of 20 working days referred to in the provisions in paragraph (7), including any extension to those periods under regulation 7(1).
7
The provisions referred to in paragraph (6) are —
a
regulation 5(2);
b
regulation 6(2)(a); and
c
regulation 14(2).
8
A public authority shall publish and make available to applicants —
a
a schedule of its charges; and
b
information on the circumstances in which a charge may be made or waived.
Advice and assistance
9
1
A public authority shall provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to applicants and prospective applicants.
2
Where a public authority decides that an applicant has formulated a request in too general a manner, it shall —
a
ask the applicant as soon as possible and in any event no later than 20 working days after the date of receipt of the request, to provide more particulars in relation to the request; and
b
assist the applicant in providing those particulars.
3
Where a code of practice has been made under regulation 16, and to the extent that a public authority conforms to that code in relation to the provision of advice and assistance in a particular case, it shall be taken to have complied with paragraph (1) in relation to that case.
4
Where paragraph (2) applies, in respect of the provisions in paragraph (5), the date on which the further particulars are received by the public authority shall be treated as the date after which the period of 20 working days referred to in those provisions shall be calculated.
5
The provisions referred to in paragraph (4) are —
a
regulation 5(2);
b
regulation 6(2)(a); and
c
regulation 14(2).
Transfer of a request
10
1
Where a public authority that receives a request for environmental information does not hold the information requested but believes that another public authority or a Scottish public authority holds the information, the public authority shall either —
a
transfer the request to the other public authority or Scottish public authority; or
b
supply the applicant with the name and address of that authority,
and inform the applicant accordingly with the refusal sent under regulation 14(1).
2
Where a request is transferred to a public authority, for the purposes of the provisions referred to in paragraph (3) the request is received by that public authority on the date on which it receives the transferred request.
3
The provisions referred to in paragraph (2) are —
a
regulation 5(2);
b
regulation 6(2)(a); and
c
regulation 14(2).
Representations and reconsideration
11
1
Subject to paragraph (2), an applicant may make representations to a public authority in relation to the applicant’s request for environmental information if it appears to the applicant that the authority has failed to comply with a requirement of these Regulations in relation to the request.
2
Representations under paragraph (1) shall be made in writing to the public authority no later than 40 working days after the date on which the applicant believes that the public authority has failed to comply with the requirement.
3
The public authority shall on receipt of the representations and free of charge —
a
consider them and any supporting evidence produced by the applicant; and
b
decide if it has complied with the requirement.
4
A public authority shall notify the applicant of its decision under paragraph (3) as soon as possible and no later than 40 working days after the date of receipt of the representations.
5
Where the public authority decides that it has failed to comply with these Regulations in relation to the request, the notification under paragraph (4) shall include a statement of —
a
the failure to comply;
b
the action the authority has decided to take to comply with the requirement; and
c
the period within which that action is to be taken.
PART 3
Exceptions to the duty to disclose environmental information
Exceptions to the duty to disclose environmental information
12
1
Subject to paragraphs (2), (3) and (9), a public authority may refuse to disclose environmental information requested if —
a
an exception to disclosure applies under paragraphs (4) or (5); and
b
in all the circumstances of the case, the public interest in maintaining the exception outweighs the public interest in disclosing the information.
2
A public authority shall apply a presumption in favour of disclosure.
3
To the extent that the information requested includes personal data of which the applicant is not the data subject, the personal data shall not be disclosed otherwise than in accordance with regulation 13.
4
For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that —
a
it does not hold that information when an applicant’s request is received;
b
the request for information is manifestly unreasonable;
c
the request for information is formulated in too general a manner and the public authority has complied with regulation 9;
d
the request relates to material which is still in the course of completion, to unfinished documents or to incomplete data; or
e
the request involves the disclosure of internal communications.
5
For the purposes of paragraph (1)(a), a public authority may refuse to disclose information to the extent that its disclosure would adversely affect —
a
international relations, defence, national security or public safety;
b
the course of justice, the ability of a person to receive a fair trial or the ability of a public authority to conduct an inquiry of a criminal or disciplinary nature;
c
intellectual property rights;
d
the confidentiality of the proceedings of that or any other public authority where such confidentiality is provided by law;
e
the confidentiality of commercial or industrial information where such confidentiality is provided by law to protect a legitimate economic interest;
f
the interests of the person who provided the information where that person —
i
was not under, and could not have been put under, any legal obligation to supply it to that or any other public authority;
ii
did not supply it in circumstances such that that or any other public authority is entitled apart from these Regulations to disclose it; and
iii
has not consented to its disclosure; or
g
the protection of the environment to which the information relates.
6
For the purposes of paragraph (1), a public authority may respond to a request by neither confirming nor denying whether such information exists and is held by the public authority, whether or not it holds such information, if that confirmation or denial would involve the disclosure of information which would adversely affect any of the interests referred to in paragraph (5)(a) and would not be in the public interest under paragraph (1)(b).
7
For the purposes of a response under paragraph (6), whether information exists and is held by the public authority is itself the disclosure of information.
8
For the purposes of paragraph (4)(e), internal communications includes communications between government departments.
9
To the extent that the environmental information to be disclosed relates to information on emissions, a public authority shall not be entitled to refuse to disclose that information under an exception referred to in paragraphs (5)(d) to (g).
10
For the purposes of paragraphs (5)(b), (d) and (f), references to a public authority shall include references to a Scottish public authority.
11
Nothing in these Regulations shall authorise a refusal to make available any environmental information contained in or otherwise held with other information which is withheld by virtue of these Regulations unless it is not reasonably capable of being separated from the other information for the purpose of making available that information.
Personal data
13
1
To the extent that the information requested includes personal data of which the applicant is not the data subject and as respects which either the first or second condition below is satisfied, a public authority shall not disclose the personal data.
2
The first condition is —
a
in a case where the information falls within any of paragraphs (a) to (d) of the definition of “data” in section 1(1) of the Data Protection Act 1998, that the disclosure of the information to a member of the public otherwise than under these Regulations would contravene —
i
any of the data protection principles; or
ii
section 10 of that Act (right to prevent processing likely to cause damage or distress) and in all the circumstances of the case, the public interest in not disclosing the information outweighs the public interest in disclosing it; and
b
in any other case, that the disclosure of the information to a member of the public otherwise than under these Regulations would contravene any of the data protection principles if the exemptions in section 33A(1) of the Data Protection Act 1998 (which relate to manual data held by public authorities) were disregarded.
3
The second condition is that by virtue of any provision of Part IV of the Data Protection Act 1998 the information is exempt from section 7(1) of that Act and, in all the circumstances of the case, the public interest in not disclosing the information outweighs the public interest in disclosing it.
4
In determining whether anything done before 24th October 2007 would contravene any of the data protection principles, the exemptions in Part III of Schedule 8 to the Data Protection Act 1998 shall be disregarded.
5
For the purposes of this regulation a public authority may respond to a request by neither confirming nor denying whether such information exists and is held by the public authority, whether or not it holds such information, to the extent that —
a
the giving to a member of the public of the confirmation or denial would contravene any of the data protection principles or section 10 of the Data Protection Act 1998 or would do so if the exemptions in section 33A(1) of that Act were disregarded; or
b
by virtue of any provision of Part IV of the Data Protection Act 1998, the information is exempt from section 7(1)(a) of that Act.
Refusal to disclose information
14
1
If a request for environmental information is refused by a public authority under regulations 12(1) or 13(1), the refusal shall be made in writing and comply with the following provisions of this regulation.
2
The refusal shall be made as soon as possible and no later than 20 working days after the date of receipt of the request.
3
The refusal shall specify the reasons not to disclose the information requested, including —
a
any exception relied on under regulations 12(4), 12(5) or 13; and
b
the matters the public authority considered in reaching its decision with respect to the public interest under regulation 12(1)(b) or, where these apply, regulations 13(2)(a)(ii) or 13(3).
4
If the exception in regulation 12(4)(d) is specified in the refusal, the authority shall also specify, if known to the public authority, the name of any other public authority preparing the information and the estimated time in which the information will be finished or completed.
5
The refusal shall inform the applicant —
a
that he may make representations to the public authority under regulation 11; and
b
of the enforcement and appeal provisions of the Act applied by regulation 18.
Ministerial certificates
15
1
A Minister of the Crown may certify that a refusal to disclose information under regulation 12(1) is because the disclosure —
a
would adversely affect national security; and
b
would not be in the public interest under regulation 12(1)(b).
2
For the purposes of paragraph (1) —
a
a Minister of the Crown may designate a person to certify the matters in that paragraph on his behalf; and
b
a refusal to disclose information under regulation 12(1) includes a response under regulation 12(6).
3
A certificate issued in accordance with paragraph (1) —
a
shall be conclusive evidence of the matters in that paragraph; and
b
may identify the information to which it relates in general terms.
4
A document purporting to be a certificate under paragraph (1) shall be received in evidence and deemed to be such a certificate unless the contrary is proved.
5
A document which purports to be certified by or on behalf of a Minister of the Crown as a true copy of a certificate issued by that Minister under paragraph (1) shall in any legal proceedings be evidence (or, in Scotland, sufficient evidence) of that certificate.
6
In paragraphs (1), (2) and (5), a “Minister of the Crown” has the same meaning as in section 25(3) of the Act.
PART 4
Code of practice and historical records
Issue of a code of practice and functions of the Commissioner
16
1
The Secretary of State may issue, and may from time to time revise, a code of practice providing guidance to public authorities as to the practice which it would, in the Secretary of State’s opinion, be desirable for them to follow in connection with the discharge of their functions under these Regulations.
2
The code may make different provision for different public authorities.
3
Before issuing or revising any code under this regulation, the Secretary of State shall consult the Commissioner.
4
The Secretary of State shall lay before each House of Parliament any code issued or revised under this regulation.
5
The general functions of the Commissioner under section 47 of the Act and the power of the Commissioner to give a practice recommendation under section 48 of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act but with the modifications specified in paragraph (6).
6
For the purposes of the application of sections 47 and 48 of the Act to these Regulations, any reference to —
a
a public authority is a reference to a public authority within the meaning of these Regulations;
b
the requirements or operation of the Act, or functions under the Act, includes a reference to the requirements or operation of these Regulations, or functions under these Regulations; and
c
a code of practice made under section 45 of the Act includes a reference to a code of practice made under this regulation.
Historical and transferred public records
17
1
Where a request relates to information contained in a historical record other than one to which paragraph (2) applies and the public authority considers that it may be in the public interest to refuse to disclose that information under regulation 12(1)(b), the public authority shall consult —
a
the Lord Chancellor, if it is a public record within the meaning of the Public Records Act 1958; or
b
the appropriate Northern Ireland Minister, if it is a public record to which the Public Records Act (Northern Ireland) 1923 applies,
before it decides whether the information may or may not be disclosed.
2
Where a request relates to information contained in a transferred public record, other than information which the responsible authority has designated as open information for the purposes of this regulation, the appropriate records authority shall consult the responsible authority on whether there may be an exception to disclosure of that information under regulation 12(5).
3
If the appropriate records authority decides that such an exception applies —
a
subject to paragraph (4), a determination on whether it may be in the public interest to refuse to disclose that information under regulation 12(1)(b) shall be made by the responsible authority;
b
the responsible authority shall communicate its determination to the appropriate records authority within such time as is reasonable in all the circumstances; and
c
the appropriate records authority shall comply with regulation 5 in accordance with that determination.
4
Where a responsible authority is required to make a determination under paragraph (3), it shall consult —
a
the Lord Chancellor, if the transferred public record is a public record within the meaning of the Public Records Act 1958; or
b
the appropriate Northern Ireland Minister, if the transferred public record is a public record to which the Public Records Act (Northern Ireland) 1923 applies,
before it determines whether the information may or may not be disclosed.
5
A responsible authority which is not a public authority under these Regulations shall be treated as a public authority for the purposes of —
a
the obligations of a responsible authority under paragraphs (3)(a) and (b) and (4); and
b
the imposition of any requirement to furnish information relating to compliance with regulation 5.
PART 5
Enforcement and appeals, offences, amendment and revocation
Enforcement and appeal provisions
18
1
The enforcement and appeals provisions of the Act shall apply for the purposes of these Regulations as they apply for the purposes of the Act but with the modifications specified in this regulation.
2
In this regulation, “the enforcement and appeals provisions of the Act” means —
a
Part IV of the Act (enforcement), including Schedule 3 (powers of entry and inspection) which has effect by virtue of section 55 of the Act; and
b
Part V of the Act (appeals).
3
Part IV of the Act shall not apply in any case where a certificate has been issued in accordance with regulation 15(1).
4
For the purposes of the application of the enforcement and appeals provisions of the Act —
a
for any reference to —
i
“this Act” there shall be substituted a reference to “these Regulations”; and
ii
“Part I” there shall be substituted a reference to “Parts 2 and 3 of these Regulations”;
b
any reference to a public authority is a reference to a public authority within the meaning of these Regulations;
c
for any reference to the code of practice under section 45 of the Act (issue of a code of practice by the Secretary of State) there shall be substituted a reference to any code of practice issued under regulation 16(1);
d
in section 50(4) of the Act (contents of decision notice) —
i
in paragraph (a) for the reference to “section 1(1)” there shall be substituted a reference to “regulation 5(1)”; and
ii
in paragraph (b) for the references to “sections 11 and 17” there shall be substituted references to “regulations 6, 11 or 14”;
e
in section 56(1) of the Act (no action against public authority) for the words “This Act does not confer” there shall be substituted the words “These Regulations do not confer”;
f
in section 57(3)(a) of the Act (appeal against notices served under Part IV) for the reference to “section 66” of the Act (decisions relating to certain transferred public records) there shall be substituted a reference to “regulations 17(2) to (5)”;
g
in paragraph 1 of Schedule 3 to the Act (issue of warrants) for the reference to “section 77” (offence of altering etc. records with intent to prevent disclosure) there shall be substituted a reference to “regulation 19”; and
h
in paragraph 8 of Schedule 3 to the Act (matters exempt from inspection and seizure) for the reference to “information which is exempt information by virtue of section 23(1) or 24(1)” (bodies and information relating to national security) there shall be substituted a reference to “information whose disclosure would adversely affect national security”.
5
In section 50(4)(a) of the Act (contents of decision notice) the reference to confirmation or denial applies to a response given by a public authority under regulation 12(6) or regulation 13(5).
6
Section 53 of the Act (exception from duty to comply with decision notice or enforcement notice) applies to a decision notice or enforcement notice served under Part IV of the Act as applied to these Regulations on any of the public authorities referred to in section 53(1)(a); and in section 53(7) for the reference to “exempt information” there shall be substituted a reference to “information which may be refused under these Regulations”.
7
Section 60 of the Act (appeals against national security certificate) shall apply with the following modifications —
a
for the reference to a certificate under section 24(3) of the Act (national security) there shall be substituted a reference to a certificate issued in accordance with regulation 15(1);
b
subsection (2) shall be omitted; and
c
in subsection (3), for the words, “the Minister did not have reasonable grounds for issuing the certificate” there shall be substituted the words “the Minister or person designated by him did not have reasonable grounds for issuing the certificate under regulation 15(1)”.
8
A person found guilty of an offence under paragraph 12 of Schedule 3 to the Act (offences relating to obstruction of the execution of a warrant) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
9
A government department is not liable to prosecution in relation to an offence under paragraph 12 of Schedule 3 to the Act but that offence shall apply to a person in the public service of the Crown and to a person acting on behalf of either House of Parliament or on behalf of the Northern Ireland Assembly as it applies to any other person.
10
Section 76(1) of the Act (disclosure of information between Commissioner and ombudsmen) shall apply to any information obtained by, or furnished to, the Commissioner under or for the purposes of these Regulations.
Offence of altering records with intent to prevent disclosure
19
1
Where —
a
a request for environmental information has been made to a public authority under regulation 5; and
b
the applicant would have been entitled (subject to payment of any charge) to that information in accordance with that regulation,
any person to whom this paragraph applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to which the applicant would have been entitled.
2
Subject to paragraph (5), paragraph (1) applies to the public authority and to any person who is employed by, is an officer of, or is subject to the direction of, the public authority.
3
A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
4
No proceedings for an offence under this regulation shall be instituted —
a
in England and Wales, except by the Commissioner or by or with the consent of the Director of Public Prosecutions; or
b
in Northern Ireland, except by the Commissioner or by or with the consent of the Director of Public Prosecutions for Northern Ireland.
5
A government department is not liable to prosecution in relation to an offence under paragraph (1) but that offence shall apply to a person in the public service of the Crown and to a person acting on behalf of either House of Parliament or on behalf of the Northern Ireland Assembly as it applies to any other person.
Amendment
20
1
Section 39 of the Act is amended as follows.
2
In subsection (1)(a), for “regulations under section 74” there is substituted “environmental information regulations”.
3
After subsection (1) there is inserted —
1A
In subsection (1) “environmental information regulations” means —
a
regulations made under section 74, or
b
regulations made under section 2(2) of the European Communities Act 1972 for the purpose of implementing any Community obligation relating to public access to, and the dissemination of, information on the environment.
.
Revocation
21
The following are revoked —
a
The Environmental Information Regulations 1992 and the Environmental Information (Amendment) Regulations 1998 except insofar as these apply to Scottish public authorities; and
b
The Environmental Information Regulations (Northern Ireland) 1993 and the Environmental Information (Amendment) Regulations (Northern Ireland) 1998 .
Margaret Beckett
Secretary of State for Environment, Food and Rural Affairs
21st December 2004


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Amendment of Part 4 of the Finance Act 2003) (No. 2) Regulations 2004 and shall come into force on 27th April 2004.
Amendment of the Finance Act 2003
2
Part 4 of the Finance Act 2003 is amended as follows.
3
For paragraph 17(1)(b) of Schedule 4 to the Finance Act 2003 (determining the chargeable consideration arrangements for land transactions involving public or educational bodies) substitute —
b
in consideration (whether in whole or in part) of the main transfer there is a grant by B to A of a lease or under-lease of the whole, or substantially the whole, of that land (“the leaseback”),
.
Jim Murphy
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
26th April 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Budget Statements) (England) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply only in relation to England and only in relation to budget statements prepared for the financial year beginning on 1st April 2004.
Interpretation
2
1
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“the 2003 Regulations ” means the Financing of Maintained Schools (England) ( No. 2) Regulations 2003 ;
“the Budget Regulations ” means the LEA Budget, Schools Budget and Individual Schools Budget (England) Regulations 2003 ;
“allocation formula” means the LEA’s formula under regulation 7 of the 2003 Regulations used to determine schools' budget shares;
“ AWPU ” means age-weighted pupil unit;
“baseline exclusions” means the exclusions referred to in Schedule 2 to the 2003 Regulations;
“budget statement” means the statement referred to in section 52(1) of the 1998 Act;
“central expenditure” has the meaning used in paragraph 1 of Schedule 2 to the Budget Regulations;
“ CERA ” means capital expenditure which an LEA expects to charge to a revenue account of the LEA as defined in section 41(2) of the Local Government and Housing Act 1989 ;
“class size funding” means grant paid in accordance with section 3 of the 1998 Act;
“ EDP ” means the LEA’s educational development plan prepared under sections 6 and 7 of the 1998 Act;
“ EFSS ” means Education Formula Spending Share as defined in the Local Government Finance Report (England) 2003/2004 ;
“ EiC ” means the Department for Education and Skills' programme known as Excellence in Cities under which partnership agreements are made between an LEA, the Secretary of State and one or more of the LEA’s schools;
“EiC grant” means the specific formula grant paid to the LEAs in the EiC programme;
“factor” means one of the factors or criteria taken into account in the allocation formula;
“ FE ” means further education;
“ FF formula ” means the fair funding formula and is the formula referred to in Regulation 7 of the 2003 Regulations;
“ FTE ” means full time equivalent;
“ghost-funding” means funding in accordance with regulation 12(2) of the 2003 Regulations;
“ HE ” means higher education;
“ ISB ” means the individual schools budget;
“ KS ” means a key stage as defined in section 82 of the 2002 Act;
“LEA” means a local education authority;
“ LSC ” means the Learning and Skills Council for England ;
“maintained school” means a maintained nursey school, a community, foundation or voluntary school or a community or foundation special school;
“minimum funding guarantee” has the same meaning as in Part 2 of the 2003 Regulations;
“place-led funding” has the same meaning as in Part 2 of the 2003 Regulations;
“pupil-led funding” has the same meaning as in Part 2 of the 2003 Regulations;
“relevant” in relation to “age”, “age group” and “year group” means an age, age group or year group separately treated in the allocation formula for the purposes of determining that part of each school’s budget share which is to be determined by reference to numbers of registered pupils;
“relevant financial year” means the financial year to which the budget statement relates;
“ SB ” means schools budget;
“school” means a maintained school;
“School Standards Grant” means the sum of money paid under that name to a local education authority by the Secretary of State under section 14 of the 2002 Act;
“ SEN ” means special educational needs;
“ SFSS ” means schools formula spending share as defined in the Local Government Finance Report (England) 2003/2004;
“special educational needs” and “special educational provision” have the meanings given to those expressions by section 312 of the 1996 Act;
“specific formula grant” means the grant known as specific formula grant paid in accordance with section 31 of the Local Government Act 2003 ;
“Standards Fund” means grant paid under the Standards Fund under section 14 of the 2002 Act together with the LEA’s expenditure not offset by that grant but taken into account in determining the amount of that grant;
“statement” in relation to a pupil with special educational needs means a statement made under section 324 of the 1996 Act;
“support for schools in financial difficulty” has the meaning used in paragraph 32 of Schedule 3 to the Budget Regulations;
“targeted transitional grant” means a grant made under section 14 of the 2002 Act to a school because it is in financial difficulty; and
“youth service” means services provided by the LEA under sections 15B and 508 of the 1996 Act and section 114 of the 2000 Act.
2
In these Regulations —
a
references to primary or secondary schools do not include special schools;
b
references to the number or numbers of registered pupils at one or more schools are references to the number or numbers of such pupils required under the allocation formula to be used for the initial determination of that school’s budget share or those schools' budget shares for the year but ignoring any weighting in accordance with paragraph (6) of regulation 8 of the 2003 Regulations or any adjustment under paragraph (7) of that regulation; and
c
a reference to a particular class or description of expenditure in relation to maintained schools and to pupils registered at such schools includes any such expenditure of that class or description as the LEA may incur in relation to Academies and to pupils registered at Academies.
Prescribed form of, and information to be contained in, budget statements
3
A budget statement is prepared in five parts, and contains the information prescribed for the purposes of section 52(1) of the 1998 Act, as follows —
a
Part 1 is in the form prescribed in Schedule 1 and contains information in respect of both the relevant financial year and also the previous financial year regarding the level of funding available to the LEA for expenditure on schools according to the source of funding and as a percentage of national funding;
b
Part 2 is in the forms prescribed in Schedule 2 and contains information in respect of the LEA as a whole relating to the LEA’s planned expenditure for both the LEA budget and the schools budget in respect of the relevant financial year, information in respect of the LEA’s central expenditure within the school’s budget, and also information on expenditure in respect of the relevant financial year in relation to the LEA’s youth service;
c
Part 3 is in the forms prescribed in Schedule 3 and contains for the relevant financial year the budget share and the amount allocated in respect of each pupil and each place in each school and the calculation of the budget share in relation to each of the LEA’s schools;
d
Part 4 is in the form prescribed in Schedule 4 and contains information relating to the minimum funding guarantee; and
e
Part 5 is in the form prescribed in Schedule 5 and contains information relating to the LEA’s allocation formula.
Prescribed manner and time of publication of budget statements
4
For the purposes of section 52(3)(b) of the 1998 Act, a budget statement is published by —
a
supplying a copy to the Secretary of State for Education and Skills; and
b
making a copy available for inspection at all reasonable times and free of charge —
i
at each principal education office of the LEA; and
ii
on a website maintained by the LEA and accessible to the public.
5
1
A budget statement must be published before the beginning of the relevant financial year.
2
A budget statement may not be revised during the relevant financial year other than to correct errors in the statement as previously published.
3
A revised budget statement shall be subject to regulations 3, 4, 5(2) and 6.
6
The LEA must furnish the governing body and head teacher of each school maintained by it with a copy of Parts 1, 2 and 5 of the budget statement and with a copy of the parts of Parts 3 and 4 of the budget statement which relates to the school in question, save that if the governing body or the head teacher so request the LEA must furnish them with a complete copy of Parts 3 and 4 of the budget statement.
David Miliband
Minister of State
Department for Education and Skills
19th February 2004


text:
1
This Order may be cited as the Finance Act 2004, section 22(2), (Appointed Day) Order 2004.
2
The day appointed as the day on which section 22(2) of the Finance Act 2004 comes into force is 1st January 2005.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
25th November 2004