text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Teacher Student Loans)(Repayment etc.) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations shall apply to England and Wales.
Interpretation
2
1
In these Regulations:
“ 1990 Act ” means the Education (Student Loans) Act 1990 ;
“ 1998 Act ” means the Teaching and Higher Education Act 1998 ;
“basic skills” means literacy, numeracy and English as a second language;
“commencement date” means the date that an eligible teacher becomes eligible for repayment or reduction of amounts in respect of loans in accordance with these Regulations for the first time , or 1st September 2002 , whichever is the later;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and amended by the Agreement between the European Community and its Member States of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21st June 1999 and which came into force on 1st June 2002 ;
“eligible employment” has the meaning given by regulation 4;
“eligible teacher” means a person whom the Secretary of State has determined is eligible for repayment or reduction of amounts in respect of loans in accordance with these Regulations;
“employment” means employment under a contract of service and related words shall be construed accordingly;
“ European Economic Area ” means the European Community and subject to the conditions laid down in the EEA Agreement the area comprised by the Republic of Iceland, the Kingdom of Norway, the Principality of Liechtenstein and the Swiss Confederation;
“FE teaching qualification” means a qualification a teacher is required to hold under the Further Education Teachers' Qualifications (England) Regulations 2001 or the Further Education Teachers' Qualifications (Wales) Regulations 2002 ;
“FE teaching qualification course” has the same meaning as “relevant course” in regulation 4 of the Further Education Teachers' Qualifications (England) Regulations 2001 and the Further Education Teachers' Qualifications (Wales) Regulations 2002;
“full-time” employment is full-time if the contract of employment so provides;
“further education” has the meaning given by section 2 of the Education Act 1996 ;
“income contingent loan” has the meaning given by regulation 7;
“institution within the further education sector” has the same meaning as in section 91 of the Further and Higher Education Act 1992 ;
“institution within the higher education sector” has the same meaning as in section 91 of the Further and Higher Education Act 1992;
“management position” means —
in relation to a teacher at a school, the position of head teacher, deputy head teacher or assistant head teacher; and
in relation to a teacher at any other relevant institution, an equivalent position;
“mortgage style loan” has the meaning given by regulation 7;
“non-maintained special school” means a special school which is not maintained by a local education authority;
“outstanding” means outstanding on the commencement date;
“parental responsibility” has the same meaning as in section 3 of the Children Act 1989 ;
“part-time” employment is part-time if the contract of employment requires the employee to work for less than the whole of the working week;
“primary school” has the same meaning as in section 5 of the Education Act 1996 ;
“primary specialist” means a teacher at a primary school who is employed to teach one or more shortage subjects to classes or groups other than his own;
“relevant institution” means an institution mentioned in regulation 4(1)(a);
“school” means a school maintained by a local education authority, a non-maintained special school or a school established and maintained under an agreement pursuant to section 482 of the Education Act 1996 ;
“school maintained by a local education authority” means a community school, foundation school, voluntary school, community special school, foundation special school or pupil referral unit;
“shortage subjects” means mathematics, science, design and technology, information and communications technology, any modern language, Welsh, English (including drama), engineering, construction and basic skills;
“specialist college” means an educational institution which provides further education for persons with learning difficulties or disabilities which is in receipt of funding from the Learning and Skills Council for England or the National Council for Education and Training for Wales ;
“special school” has the meaning given by section 337 of the Education Act 1996 ; and
“student loan” has the meaning given by regulation 7.
2
For the purposes of these Regulations an area which —
a
was previously not part of the European Economic Area, but
b
at any time before or after these Regulations come into force has become part of that area shall be considered to have always been part of that area.
3
For the purposes of these Regulations any reference to an “employer” in relation to a teacher working at a community, community special or voluntary controlled school is a reference to the governing body of that school.
Eligibility
3
1
Subject to paragraph (3), a person shall be eligible for the reduction of amounts payable in respect of loans if he —
a
is in eligible employment;
b
is a person mentioned in regulation 5; and
c
has an outstanding loan made pursuant to any regulations made under section 22 of the 1998 Act.
2
Subject to paragraph (3), a person shall be eligible for the repayment of amounts payable in respect of loans if he —
a
is in eligible employment;
b
is a person mentioned in regulation 5; and
c
has either:
i
an outstanding mortgage style loan;
ii
an outstanding loan made pursuant to any regulations made under section 73 of the Education (Scotland) Act 1980 ; or
iii
an outstanding loan made pursuant to the Education (Student Support) (Northern Ireland) Order 1998 .
3
Notwithstanding paragraphs (1) and (2), the Secretary of State may determine that a person is not eligible for the repayment or reduction of amounts in respect of loans if he —
a
is in breach of any obligation contained in any agreement for a student loan or in any regulations or order under which a loan mentioned in paragraph (2) is made;
b
has outstanding charges or penalties in relation to such a loan pursuant to any such agreement, regulation or order; or
c
has, in the opinion of the Secretary of State, shown himself by his conduct to be unfitted to be so eligible.
Eligible employment
4
1
A person is in eligible employment if he —
a
is employed to work as a teacher at —
i
an institution within the further education sector,
ii
an institution within the higher education sector, or
iii
a specialist college,
in England or Wales;
b
is employed under a permanent contract or a fixed-term contract of employment for a period of at least 8 continuous weeks with a relevant institution or a local education authority;
c
subject to paragraphs (2) and (3), is employed under a contract of employment which commenced on or after 1st July 2002 and before 1st July 2005;
d
in relation to employment as a teacher at a primary school, is employed for at least half his teaching time as a primary specialist;
e
in relation to employment at a school other than a primary school, is employed for at least half his teaching time to teach one or more shortage subjects; and
f
in relation to employment at an institution other than a school, is employed for at least half his teaching time to teach one or more shortage subjects in further education.
2
Subject to paragraphs(3) and (5) and regulation 6, a person shall cease to be in eligible employment where he changes employer.
3
A person remains in eligible employment where —
a
he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraph (1)(c);
b
he changes employer but remains in eligible employment within the meaning of paragraph (1) but disregarding paragraph(1)(c),(d),(e)and(f)and he works in a management position;
c
he ceases to teach a shortage subject for a period of not more than 12 months in any continuous period of 24 months and continues to teach at the same relevant institution, and his employer certifies that this cessation is in the interests of the relevant institution; or
d
he is employed at a specialist college which ceases to be funded by the Learning and Skills Council for England or the National Council for Education and Training for Wales.
4
Paragraph (1)(c) shall not apply to any further eligible employment an eligible teacher obtains in addition to his existing eligible employment.
5
A person does not remain in eligible employment for the purposes of paragraph (3) (a) and (b) if —
a
he changes his employer and that change results in a break of more than 7 days between his ceasing one eligible employment and commencing another, or
b
he changes his employer and that change results in his ceasing to work as a teacher qualified to teach at an institution within the further education sector and his commencing work at a school where he is not qualified to teach.
Newly qualified teacher
5
1
Subject to paragraph (4), a person mentioned in regulation 3(1)(b) and 3 (2)(b) in relation to eligible employment at a school, is a person who has qualified as a teacher on or after 1st February 2002 and not more than 7 months before commencing eligible employment.
2
For the purposes of paragraph (1) a person is a qualified teacher —
a
subject to sub - paragraph (d), when he has received written notification from the Secretary of State that he is a qualified teacher pursuant to paragraph 1 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 ;
b
subject to sub-paragraph (d), when he has received written notification from the General Teaching Council for England that he has been awarded qualified teacher status under regulations made under section 132 of the Education Act 2002 ;
c
subject to sub-paragraph (d), when he has received written notification from the National Assembly for Wales that he is a qualified teacher pursuant to paragraph 1 of Schedule 3 to the Education (Teachers' Qualifications and Health Standards)(Wales) Regulations 1999 ;
d
when he —
i
has successfully completed a course of initial teacher training for teachers in schools at an educational institution in Scotland or Northern Ireland; or
ii
has successfully completed a diploma which shows that he has the professional qualifications required for taking up teaching within the meaning of Council Directive 89/48/ EEC .
3
Subject to paragraph (4), a person mentioned in regulation 3(1)(b) and 3(2)(b) in relation to eligible employment other than at a school, is a person who —
a
has been awarded an FE teaching qualification on or after 1st February 2002 and not more than 7 months before commencing eligible employment; or
b
is attending an FE teaching qualification course in order to obtain an FE teaching qualification; and has not at any time before the commencement of his eligible employment been employed as a teacher —
i
at a relevant institution; or
ii
at a school or institution in the European Economic Area providing education which is equivalent to primary, secondary or further education and which is part of the public system of education of the state or territory in question.
4
Where a woman has given birth to a child during the 7 month period after she qualifies as a teacher or has been awarded an FE teaching qualification for the purposes of paragraphs (1) and (3)(a) then references to 7 months in paragraphs (1) and (3) shall be read as references to 19 months.
Allowable breaks from eligible employment
6
1
Notwithstanding regulations 4(1)(c) and 5, a person who has ceased eligible employment shall be treated as an eligible teacher where —
a
he recommences eligible employment;
b
he ceased to be in eligible employment for any reason other than that mentioned in paragraph (2)(b);
c
the period during which he was not in eligible employment for that reason does not exceed 12 months in relation to any single break from eligible employment; and
d
the period during which he was not in eligible employment for that reason does not exceed 36 months in total.
2
Notwithstanding regulations 4(1) (c) and 5, a person who has ceased eligible employment shall be treated as an eligible teacher where —
a
he recommences eligible employment;
b
he ceased to be in eligible employment for the purpose of caring for any child for whom he has parental responsibility and with whom he has his home; and
c
the period during which he was not in eligible employment for this purpose does not exceed 60 months in total.
3
For the purposes of this regulation a person may cease to be in eligible employment more than once.
Definition of loans
7
1
A student loan is a mortgage style loan or an income contingent loan.
2
A mortgage style loan is a loan including the interest accrued on the loan towards a student’s maintenance, made pursuant to arrangements made under —
a
section 1 of the 1990 Act, or
b
the Education (Student Loans) (Northern Ireland) Order 1990 .
3
An income-contingent loan is a loan including the interest accrued on the loan towards a student’s maintenance, made pursuant to any regulations made under —
a
section 22 of the 1998 Act,
b
section 73 of the Education (Scotland) Act 1980, or
c
the Education (Student Support) (Northern Ireland) Order 1998.
Application
8
1
A person shall apply for repayment or reduction under these Regulations by completing an application in such form as the Secretary of State may require.
2
Where a person returns to eligible employment following a break under regulation 6 he shall apply for repayment or reduction under these Regulations by completing an application in such form as the Secretary of State may require.
3
An applicant shall submit an application under this r egulation —
a
first, to his employer who must comply with the requirements of regulation 10(1) and (3); and
b
second, to the Secretary of State not later than a date specified by the Secretary of State.
4
The Secretary of State may take such steps and make such inquiries as he considers necessary to determine whether a person is eligible.
5
If the Secretary of State considers that an applicant is eligible for repayment or reduction under these Regulations he shall notify him of that fact, and thenceforth the applicant shall be an “eligible teacher” for the purposes of these Regulations.
6
Where the Secretary of State considers that having regard to the circumstances of the particular case a time limit set by him should be relaxed, any application under this regulation must reach him not later than such later date as he specifies.
7
Any application under this regulation shall include a declaration signed by the applicant that:
a
the particulars given in the application are correct to the best of his knowledge and belief; and
b
he will notify the Secretary of State of any change in his employment or personal details.
Information
9
1
Every applicant and every eligible teacher shall forthwith inform the Secretary of State if the following occurs, and provide him with particulars —
a
he ceases to be in eligible employment;
b
he changes eligible employment;
c
he enters into a new contract with his existing employer;
d
he recommences eligible employment and regulation 6 applies;
e
he changes from part-time to full-time employment or from full-time employment to part-time employment;
f
in relation to a part-time eligible teacher, he changes the proportion of the working week he is employed to work;
g
his address changes.
2
Every applicant and every eligible teacher shall as soon as reasonably practicable after he is requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of his functions under these Regulations.
3
If the Secretary of State is satisfied that an eligible teacher has failed to comply with any requirement to provide information or has provided information which the eligible teacher knows to be false in a material particular or has recklessly provided information which is false in a material particular he may determine that the eligible teacher shall —
a
no longer be an eligible teacher under these Regulations, or
b
not be an eligible teacher for any particular repayment or reduction or particular amount of repayment or reduction as he considers appropriate in the circumstances.
Provision of information by employers and the General Teaching Councils
10
1
After receiving an application for repayment or reduction of a loan under these Regulations from an applicant under regulation 8(3)(a), the employer of the applicant shall provide such further information as the Secretary of State may require and return the application to the applicant.
2
An employer of an applicant or eligible teacher shall as soon as reasonably practicable after he is requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of his functions under these Regulations.
3
In providing information under this regulation the employer shall sign a declaration that the particulars given in the application by the applicant are correct to the best of the employer’s knowledge and belief.
4
The General Teaching Council for England and the General Teaching Council for Wales shall as soon as practicable after they are requested to do so provide the Secretary of State with such information as the Secretary of State considers necessary for the exercise of his functions under these Regulations.
Repayment and reduction
11
1
The Secretary of State shall reduce the relevant amount of an eligible teacher to whom regulation 3(1) applies in accordance with regulations 12 and 13.
2
The Secretary of State shall repay the relevant amount of an eligible teacher to whom regulation 3(2) applies in accordance with regulations 12 and 13.
3
Subject to paragraph (4), in relation to any student loans, the relevant amount is —
a
the total amount payable in respect of any loans outstanding at the commencement date; and
b
any interest accrued on those loans during any period of eligible employment during the relevant term,
and shall not include any arrears, charges or penalties incurred in respect of those loans.
4
Where a person —
a
recommences eligible employment following a break under regulation 6; and
b
has made repayments in relation to any loan during that break,
the relevant amount is the total amount payable in respect of any loans mentioned in paragraph (3) still outstanding at the date he recommences eligible employment and any interest accrued during any period of eligible employment from that date during the relevant term.
12
1
The relevant term in relation to a mortgage style loan is —
a
a period of 5 years beginning with the commencement date where the eligible teacher has fewer than 5 loans when his first repayment is due;
b
a period of 7 years beginning with the commencement date where the eligible teacher has 5 or more loans when his first repayment is due,
less any period when the eligible teacher was not in eligible employment in relation to which repayments have been made pursuant to the arrangements made under section 1 of the 1990 Act or the Education (Student Loans) (Northern Ireland) Order 1990.
2
The relevant term in relation to an income contingent loan is 10 years after the commencement date.
3
A person shall cease to be eligible for a reduction or repayment after the completion of the relevant term.
13
1
Subject to this regulation, the relevant amount shall be reduced or repaid during the relevant term so that it is extinguished or wholly repaid by the completion of the relevant term.
2
Where an eligible teacher is in part-time employment the relevant amount shall only be reduced or repaid in accordance with the proportion of the working week the teacher is employed to work.
3
No reduction or repayment shall be made in respect of any period during the relevant term when a person ceases to be eligible under these Regulations.
4
The total amount reduced or repaid shall not exceed the lesser of the following —
a
the total amount payable in respect of any student loans outstanding at the commencement date and any interest accrued on those loans during any period of eligible employment during the relevant term; or
b
where any student loans have been repaid, cancelled or reduced pursuant to these Regulations, the total amount payable in respect of any loans outstanding following such repayment, cancellation or reduction.
5
Repayments and reductions shall be made in such manner as the Secretary of State considers appropriate, and he may make it a condition of entitlement to repayment that the eligible teacher shall provide him with particulars of a bank or building society account in the United Kingdom into which repayments may be made by electronic transfer.
Reimbursement
14
1
Where in the opinion of the Secretary of State any information or assumption on the basis of which a reduction or repayment has been made under these Regulations is incorrect —
a
the person to whom a repayment was made shall at the request of the Secretary of State reimburse such sum as the Secretary of State may request; or
b
the Secretary of State shall increase the amount outstanding in respect of a student loan by such sum as he may specify.
2
The total sum that the Secretary of State may request or specify shall not exceed the total amount repaid or reduced and any interest accrued on those amounts since the repayment or reduction was made.
David Miliband
Minister of State,
Department for Education and Skills
21st July 2003


type: legislation

jurisdiction: UK

text:
Title, commencement, extent and extension of definitions
1
1
This Order may be cited as the Transport of Animals (Cleansing and Disinfection) (England) Order 2003 and shall come into force on 4th March 2003.
2
This Order shall extend to England only.
3
For the purposes of the Animal Health Act 1981 in its application to this Order —
a
the definitions of animals and poultry in subsections (1) and (4) of section 87 of that Act are extended so as to comprise all mammals except man and all birds; and
b
the definitions of disease in subsections (1) and (3) of section 88 of that Act are extended so as to comprise all diseases of animals and poultry.
Interpretation
2
1
In this Order —
“animal” includes bird;
“means of transport” includes its fittings, its detachable parts and any containers (whether detachable or not) used with it; and
“equipment” means any equipment carried with a means of transport for use with animals.
2
Any notice served under this Order shall be in writing, may be made subject to conditions and may be amended, suspended or revoked in writing at any time.
Cleansing and disinfection in relation to the transport of hoofed animals and poultry
3
1
This article shall apply in relation to the transport of —
a
hoofed animals;
b
racing pigeons; and
c
the following, if they are reared or kept in captivity for breeding, the production of meat or eggs for consumption or for restocking supplies of game: domestic fowls, turkeys, geese, ducks, guinea-fowls, quails, pigeons, pheasants, partridges and ratites,
and references in this article to “animal” shall be construed accordingly.
2
In the circumstances set out in Schedule 1, the requirements of article 4 shall apply instead of the requirements of this article.
3
The user of any means of transport which has been used to transport any animal, or anything which may give rise to a risk of transmission of disease, shall, as soon as reasonably practicable and not more than 24 hours after the journey is completed, ensure that it and any equipment are cleansed and disinfected in accordance with Schedule 2 or (in the case of a container) destroyed.
4
No person shall use, or cause or permit the use of, any means of transport to transport any animal unless the means of transport and any equipment have been cleansed and disinfected in accordance with Schedule 2 since they were last used to transport any animal, or anything which may give rise to a risk of transmission of disease.
5
If a means of transport or any equipment has become soiled so that it may give rise to a risk of transmission of disease since last being cleansed and disinfected, no person shall load, or cause or permit to be loaded, any animal into the means of transport unless the soiled parts of the means of transport or the equipment have been again cleansed and disinfected in accordance with paragraphs 1, 3 and 4 of Schedule 2.
6
Any person transporting animals shall remove any dead animals, soiled bedding and excreta from the means of transport as soon as practicable.
Cleansing and disinfection in relation to the transport of other mammals and birds, and hoofed animals and poultry in certain circumstances
4
1
This article shall apply in relation to the transport of —
a
all mammals other than hoofed animals;
b
all birds not included in article 3; and
c
animals and birds specified in article 3 in the circumstances specified in Schedule 1,
and references to “animal” in this article shall be construed accordingly.
2
This article shall not apply in the case of —
a
transport which is not of a commercial nature;
b
an individual animal accompanied by a person having responsibility for the animal during transport; or
c
the transport of pet animals accompanying their owner on a private journey.
3
Any person transporting, or causing or permitting the transport of, animals where this article applies shall ensure that —
a
they are loaded on to a means of transport which has been cleansed and, where necessary, disinfected; and
b
dead animals, soiled litter and excreta are removed as soon as practicable.
4
Cleansing and disinfection under this article shall be carried out in accordance with paragraphs 1, 3 and 4 of Schedule 2.
Drivers' cabs
5
Nothing in this Order shall require the use of disinfectant inside the driver’s cab of any means of transport.
Disposal of material after cleansing
6
1
The person responsible for cleansing the means of transport and any equipment under this Order shall ensure that all feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin, and other contaminants removed from the means of transport are —
a
destroyed;
b
treated so as to remove the risk of transmission of disease; or
c
disposed of so that animals have no access to it.
2
This article shall not apply to any material required to be disposed of under the Animal By-Products Order 1999 .
Powers of inspectors, etc.
7
1
Where an inspector is satisfied that a means of transport or any equipment either —
a
has not been cleansed and disinfected in accordance with this Order; or
b
needs to be cleansed and disinfected because it may give rise to a risk of transmission of disease,
he may serve a notice on any person appearing to him to be in charge of that means of transport or equipment.
2
A notice served under the preceding paragraph may —
a
prohibit the use of the means of transport or the equipment until it has been cleansed and disinfected;
b
prohibit the keeping of animals on the means of transport until it has been cleansed and disinfected;
c
require the person on whom the notice is served to cleanse and disinfect the means of transport or the equipment within any period specified in the notice; or
d
require the person on whom the notice is served to dispose of all feedingstuffs to which animals have had access, bedding, excreta and other material of animal origin in the way set out in the notice.
3
If a notice is served under the preceding paragraph, the cleansing and disinfection shall be carried out in accordance with Schedule 2 unless the notice specifies a different method of cleansing and disinfection.
4
An inspector may serve a notice on any person who is required to carry out cleansing and disinfection in accordance with articles 3 or 4 requiring him to carry out the cleansing and disinfection as specified in the notice instead of in accordance with Schedule 2 if he is satisfied that this is necessary for animal health purposes.
5
Where a person fails to comply with a notice served under this article, an inspector may arrange for the provisions of the notice to be complied with at the expense of the person on whom the notice was served.
Enforcement
8
This Order shall be enforced by the local authority or the Secretary of State.
Revocations and amendments
9
The Transport of Animals (Cleansing and Disinfection) (England) ( No. 2) Order 2000 is revoked .
Whitty
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th February 2003


text:
1
This Order may be cited as the Armed Forces Act 2001 (Commencement No. 3) Order 2003.
2
The following provisions of the Armed Forces Act 2001 (“ the Act ”) shall come into force on 30th September 2003 —
sections 2 to 11;
sections 13 to 16;
section 31;
section 34 so far as is necessary to bring into force Schedule 6 to the extent specified below;
in Schedule 6, paragraphs 41 and 42.
3
Nothing in article 2 of this Order, in so far as it relates to paragraph 41 of Schedule 6 to the Act, shall have effect in relation to —
a
any decision of a judicial officer or judge advocate under section 75C, 75F, 75G, 75H, 75J or 75K of the Army Act 1955 or of the Air Force Act 1955 , or
b
any matter against which a person aggrieved may bring an appeal, or has brought an appeal, under section 83ZE of the Army Act 1955 or of the Air Force Act 1955,
if the decision was made or the matter occurred before 30th September 2003.
4
Nothing in article 2 of this Order, in so far as it relates to paragraph 42 of Schedule 6 to the Act, shall have effect in relation to —
a
any decision of a judicial officer or judge advocate under section 47D, 47G, 47H, 47J, 47K and 47L of the Naval Discipline Act 1957 , or
b
any matter against which a person aggrieved may bring an appeal, or has brought an appeal, under section 52FK of the Naval Discipline Act 1957,
if the decision was made or the matter occurred before 30th September 2003.
Ivor Caplin
Parliamentary Under Secretary of State, Ministry of Defence
4th September 2003


text:
1
This Order may be cited as the New Northern Ireland Assembly Elections (Returning Officer’s Charges) (Amendment) Order 2003 and shall come into force on the day after the day on which it is made.
2
1
The Schedule to the New Northern Ireland Assembly Elections (Returning Officer’s Charges) Order 1998 (“the 1998 Order”) is amended as follows.
2
In Part A (Expenses of returning officer for which maximum recoverable amounts are specified), the amounts set out in the right-hand column opposite the entries in the left-hand column specified below shall be substituted as follows —
a
in paragraph 1(2) for “£113.91” substitute “£135.00”;
b
in paragraph 1(3) for “£6.94” substitute “£10.00”;
c
in paragraph 2(2) for “£72.03” substitute “£90.00”;
d
in paragraph 3(2) for “£1.44” substitute “£1.65”;
e
in paragraph 4(2) for “£3,051.43” substitute “£5,731.36”;
f
in paragraph 4(3) for “£45.78” substitute “£52.65”; and
g
in paragraph 4(4) for “£41.57” substitute “£47.81”.
3
In Part A after paragraph 4 add —
5
1
This paragraph makes provision for a returning officer’s expenses in respect of the payment of persons employed in connection with the verification of the ballot paper accounts and the count.
2
The maximum recoverable amount for each constituency for the expenses specified in sub-paragraph (1) above is
£12,222.22.
4
In Part B (Expenses of returning officer for which no maximum recoverable amounts are specified) —
a
in paragraph 1(b) omit “and”;
b
after paragraph 1(b) add —
ba
any verification or counting staff; and
;
c
in paragraph 7 at the end insert “or in the provision in any place of furniture necessary for the count.”; and
d
omit paragraph 10.
Paul Murphy
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
19th November 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Walsall (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
For the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of elections in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Walsall;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Walsall (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Walsall Metropolitan Borough Council.
Wards of the borough of Walsall
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
The wards shall comprise the areas designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Walsall
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before four days after the ordinary day of elections in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004, one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Walsall Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of Walsall (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Walsall (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 29th day of September 2003
Sam Younger
Chairman of the Commission
29th September 2003
Jacqui Dixon
Secretary to the Commission
29th September 2003


text:
1
This Order may be cited as the Anti-social Behaviour Act 2003 (Commencement No. 1 and Transitional Provisions) Order 2003.
2
The following provisions of the Anti-social Behaviour Act 2003 shall come into force on 20th January 2004 —
a
Part 1 (sections 1 to 11) (premises where drugs used unlawfully);
b
Part 4 (sections 30 to 36) (dispersal of groups etc. );
c
in Part 5 (firearms) —
i
section 37 (possession of air weapon or imitation firearm in a public place);
ii
section 38 (air weapons: age limits); and
iii
section 39(1), (2), (3) in so far as it relates to the purchase, acquisition, manufacture, sale or transfer of the prohibited weapon, (4), (5) and (6) (prohibition of certain air weapons);
d
in Part 6 (the environment), section 53 (display of advertisements in contravention of regulations);
e
in Part 7 (public order and trespass) —
i
section 57 (public assemblies);
ii
section 58 (raves); and
iii
section 59 (aggravated trespass);
f
in Part 9 (miscellaneous powers) —
i
section 85(1), (2), (3), (4) in so far as it relates to section 1(10B) of the Crime and Disorder Act 1998 and (7) (anti-social behaviour orders);
ii
section 86(3) in so far as it relates to section 1C(9B) and (9C) of the Crime and Disorder Act 1998 , (4), (5) and (6) (certain orders made on conviction of offences);
iii
section 87 (penalty notices for disorderly behaviour by young persons); and
iv
section 89(1), (2), (3), (4), (6) and (7) (extension of powers of community support officers etc.);
g
in Part 10 (general) —
i
section 92 (repeals) in so far as it relates to the entries in Schedule 3 in paragraph (ii) below; and
ii
in Schedule 3 (repeals), the entries relating to —
a
the Firearms Act 1968 ;
b
the Prosecution of Offences Act 1985 ;
c
the Firearms (Amendment) Act 1988 ;
d
the Criminal Justice and Public Order Act 1994 ;
e
the Crime and Disorder Act 1998 ;
f
the Police Reform Act 2002 .
3
The following provisions of the Anti-social Behaviour Act 2003 shall come into force on 27th February 2004 —
a
in Part 3 (parental responsibilities) —
i
section 18 (parenting orders under the 1998 Act);
ii
section 23 (penalty notices for parents in cases of truancy); and
iii
sections 25 to 29 (criminal conduct and anti-social behaviour);
b
in Part 7 (public order and trespass), sections 60 to 64 (powers to remove trespassers: alternative site available etc.);
c
in Part 9 (miscellaneous powers), section 85(8) (anti-social behaviour orders).
4
The following provisions of Part 3 of the Anti-social Behaviour Act 2003 shall come into force on 27th February 2004 in England only —
a
section 19 (parenting contracts in cases of exclusion from school or truancy);
b
section 20 (parenting orders in cases of exclusion from school);
c
section 21 (parenting orders: supplemental);
d
section 22 (parenting orders: appeals); and
e
section 24 (interpretation).
5
1
Section 39(3) (prohibition of certain air weapons) of the Anti-social Behaviour Act 2003 shall, subject to paragraph (2), to the extent not already in force come into force on 30th April 2004.
2
Section 1(1)(a) of the Firearms Act 1968 shall not apply to a person who has in his possession any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system where he has applied before 30th April 2004 for a firearm certificate under Part 2 of that Act and either that application is still being processed or any appeal in respect of it has not been determined.
Hazel Blears
Minister of State
Home Office
17th December 2003


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Didsbury) Order 2003 and shall come into force on 12th November 2003.
Interpretation
2
In this Order —
“the 1991 Act ” means the Greater Manchester (Light Rapid Transit System) Act 1991 ; and
“the plans and sections” means the plans and sections certified by the Secretary of State as the plans and sections for the purposes of this Order.
Double lines
3
1
In the description of Work No. 5 in section 4 of the 1991 Act, for the words “(single line)” there shall be substituted “(single or double line)”.
2
In so far as they relate to Work No. 5 in section 4 of the 1991 Act, the plans and sections shall be deemed to be the deposited plans and sections for the purposes of the 1991 Act.
Certification of plans
4
Greater Manchester Passenger Transport Executive shall, as soon as practicable after the making of this Order, submit copies of the plans and sections to the Secretary of State for certification that they are true copies of the plans and sections referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Signed by authority of theSecretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
22nd October 2003


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Water Environment (Water Framework Directive) (Northumbria River Basin District) Regulations 2003 and shall come into force on 2nd January 2004.
2
Regulation 6 has the same extent as Part 1 of the Scottish Act (protection of the water environment) and the other provisions of these Regulations extend to Great Britain and the adjacent territorial sea.
Interpretation
2
In these Regulations —
“ the Directive ” means Directive 2000/60/ EC of the European Parliament and of the Council of 23rd October 2000 establishing a framework for Community action in the field of water policy, as amended ;
“the principal Regulations ” means the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 ;
“the Northumbria River Basin District” means the area identified by regulation 3(1);
“relevant functions” means —
in relation to the Secretary of State and the Agency, functions under regulations 5 to 20 of the principal Regulations and, so far as material, the enactments listed in Parts 1 and 2 of Schedule 2 to those Regulations (which relate to statutes and subordinate instruments respectively); and
in relation to the Scottish Ministers and the Scottish Environment Protection Agency, functions under Part 1 of the Scottish Act, as applied by regulation 6;
“the Scottish Act” means the Water Environment and Water Services (Scotland) Act 2003 ; and
“the Scottish Ministers” has the meaning given by section 127 of the Scotland Act 1998 .
River basin districts
3
1
The area shown on the deposited map is identified as a river basin district for the purposes of these Regulations and shall be known as the Northumbria River Basin District.
2
The Secretary of State, the Scottish Ministers, the Agency and the Scottish Environment Protection Agency must ensure that the deposited map is made available to the public through their respective websites and at the relevant places.
3
The relevant places are —
a
in the case of the Secretary of State, the principal library of the Department for Environment, Food and Rural Affairs;
b
in the case of the Scottish Ministers, the Information Centre of the Scottish Parliament; and
c
in the case of the Agency and the Scottish Environment Protection Agency, their respective principal offices and principal offices for the regions in which any part of the Northumbria River Basin District lies.
4
In this regulation —
a
“the deposited map” means the map and related information recorded on the CD-ROM which is —
i
entitled “The Northumbria River Basin District 2003”; and
ii
deposited in the principal library of the Department for Environment, Food and Rural Affairs; and
b
“river basin district” means a district which is the main unit for the management of river basins for the purposes of the Directive, being made up of neighbouring river basins together with associated groundwater, transitional waters and coastal water.
The general duties
4
1
The Secretary of State, the Scottish Ministers, the Agency and the Scottish Environment Protection Agency must exercise their relevant functions so as to secure —
a
that the requirements of the Directive for the achievement of its environmental objectives, and in particular the programme of measures, are co-ordinated for the whole of the Northumbria River Basin District; and
b
compliance in relation to that district with the other requirements of the Directive.
2
In this regulation —
a
“environmental objectives” means the objectives required to comply with Article 4 of the Directive (environmental objectives) including any objectives required to comply with Article 7(2) and (3) of the Directive (waters used for the abstraction of drinking water); and
b
“programme of measures” means the programme of measures required to comply with Article 11(2) to (6) of the Directive (programme of measures).
Application of provisions of the principal Regulations to the Northumbria River Basin District
5
1
Regulations 2 and 5 to 20 of the principal Regulations (river basin management planning) shall apply to the whole of the Northumbria River Basin District as they apply to river basin districts identified by regulation 4(1) of those Regulations (river basin districts), subject to the following modifications.
2
Regulation 2 (interpretation) shall have effect as if the definition of “the appropriate authority” were deleted, and regulations 6, 10 to 15, 18 and 20 shall have effect as if for each reference to the appropriate authority there were substituted a reference to the Secretary of State.
3
Regulation 12 (river basin management plans: public participation) shall have effect as if —
a
after paragraph (2)(a) there were inserted —
aa
send copies of the statement, summary or draft plan to the Scottish Environment Protection Agency which shall make them accessible to the public free of charge through its website, at its principal office and at the principal office for its East Region;
;
b
after paragraph (3)(a) “and” were omitted and there were inserted —
aa
in the Edinburgh Gazette; and
;
c
in paragraph (4) —
i
for sub-paragraph (a) there were substituted —
a
the Secretary of State and the Scottish Ministers;
aa
the Scottish Environment Protection Agency;
aaa
every responsible authority which has functions exercisable in or in relation to any part of the river basin district;
;
ii
for sub-paragraph (e) there were substituted —
e
every local planning authority in England any part of whose area is within the river basin district;
;
iii
after sub-paragraph (f) there were inserted —
ff
the River Tweed Commissioners;
; and
iv
after sub-paragraph (i) there were inserted —
ii
Scottish Water;
; and
d
for paragraph (5) there were substituted —
5
In this regulation —
a
“appropriate nature conservation bodies” means the Joint Nature Conservation Committee, English Nature and Scottish Natural Heritage;
b
“harbour” and “harbour authority” have the meanings given by section 57 of the Harbours Act 1964 ;
c
“the River Tweed Commissioners” means the council constituted in accordance with section 6 of the Tweed Fisheries Act 1969 ;
d
“local authority” means, in relation to England, the council of any county, county borough or district and, in relation to Scotland, any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
e
“local fisheries committee” and “sea fisheries district” mean a local fisheries committee constituted, and a sea fisheries committee created, by an order under section 1 of the Sea Fisheries Regulation Act 1966 ;
f
“local planning authority” has the meaning given by section 1 of the Town and Country Planning Act 1990 ;
g
“navigation authority” has the meaning given by section 221(1) of the Water Resources Act 1991 ;
h
“the plan period”, in relation to a plan, means the period to which a direction under regulation 11(2)(a) requires it to relate;
i
“responsible authority” has the meaning given by section 2(8) of the Water Environment and Water Services (Scotland) Act 2003; and
j
“the Scottish Ministers” has the meaning given by section 127 of the Scotland Act 1998.
.
4
Regulation 13 (river basin management plans: submission for approval) shall have effect as if after paragraph (1)(a) there were inserted —
aa
send a copy of the plan to the Scottish Environment Protection Agency which shall make it accessible to the public free of charge through its website, at its principal office and at the principal office for its East Region;
.
5
Regulation 14 (river basin management plans: approval) shall have effect as if after sub-paragraph (3)(a) “and” were omitted and there were inserted —
aa
send a copy of the approved plan to the Scottish Environment Protection Agency which shall make it accessible to the public free of charge through its website, at its principal office and at the principal office for its East Region; and
.
Application of Part 1 of the Scottish Act to the Northumbria River Basin District
6
1
Part 1 of the Scottish Act shall apply in relation to so much of the Northumbria River Basin District as lies within Scotland, subject to the following modifications.
2
Sections 4 to 15, 17 and 19 (river basin management planning) shall not apply.
3
Section 16 (duty to have regard to river basin management plans and sub-basin plans) shall have effect as if —
a
references to a river basin district included references to the Northumbria River Basin District; and
b
in relation to that district —
i
in paragraph (a), the reference to the river basin management plan were a reference to the river basin management plan for that district as approved under regulation 14 of the principal Regulations and any supplementary plan prepared under regulation 16 of the principal Regulations; and
ii
paragraphs (b) and (c) were omitted.
4
Section 18 shall apply as if —
a
in subsection (1), the reference to “ SEPA ’s functions under this Chapter”; and
b
in subsection (2), the reference to “any of its functions under this Chapter”,
were a reference to the Scottish Environment Protection Agency’s relevant functions and its duty under regulation 4.
5
Sections 20(2)(b) (regulation of controlled activities) and 22(1) (remedial and restoration measures) and paragraph 2(2) of Schedule 2 (regulators to exercise functions with a view to achieving environmental objectives set out in river basin management plans) shall have effect as if references to environmental objectives set out in river basin management plans included references to environmental objectives set out in any river basin management plan for the Northumbria River Basin District approved under regulation 14 of the principal Regulations.
6
Section 26 (annual report on implementation of Directive) shall have effect as if —
a
in paragraph (a), the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by these Regulations; and
b
in paragraph (b), the reference to section 9 (environmental objectives and programmes of measures) included a reference to regulation 10 of the principal Regulations as it applies to the Northumbria River Basin District.
7
Section 27 shall have effect as if the reference to Part 1 (protection of the water environment) included a reference to that Part as applied by these Regulations.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
10th December 2003


text:
PART I
GENERAL
Citation, commencement and consequential amendment
1
1
These Regulations may be cited as the Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003 and shall come into force on 1st February 2004.
2
After sub-paragraph (k) of regulation 1(2) of the Weights and Measures Regulations 1963 , there shall be added the following sub-paragraph —
1
automatic rail-weighbridges to which the Weighing Equipment (Automatic Rail-weighbridges) Regulations 2003 apply.
.
Interpretation
2
1
In these Regulations —
“the 1985 Act ” means the Weights and Measures Act 1985;
“accuracy class” means the accuracy class, in respect of an automatic rail-weighbridge, determined by the Secretary of State and specified in the certificate of approval, being one of the accuracy classes 0.2, 0.5, 1 or, for the purposes of weighing waste (as defined in Schedule 3) only, 2: provided always that, except when used for the purposes of weighing waste, the accuracy class in respect of that automatic rail-weighbridge may be different for wagon weighing to that for train weighing;
“automatic rail-weighbridge” means an instrument which —
is used to determine the mass of a railway wagon when it is weighed in motion by using the action of gravity without the intervention of an operator;
follows a predetermined programme of automatic processes characteristic of the instrument; and
has one or more load receptors inclusive of rails for conveying railway vehicles and includes such of the other components described in Schedule 1 as are specified in the certificate of approval;
“certificate of approval” means a certificate of approval of a pattern of an automatic rail-weighbridge granted or renewed by the Secretary of State under section 12 of the 1985 Act;
“control instrument” means a non-automatic weighing instrument used to determine the mass of a reference wagon;
“initial verification testing” means testing in accordance with the provisions of regulation 6(c);
“instrument” has the same meaning as that for automatic rail-weighbridge;
“load receptor” means the part of the weigh zone that is intended to receive the load and which realises a change in the balance of the automatic rail-weighbridge when a load is placed upon it; and “multiple load receptors” means two or more load receptors placed in series or in parallel that are used as a single load receptor for weighing a wagon that is entirely supported on the load receptors;
“maximum capacity” means the largest load which the automatic rail-weighbridge is designed to weigh-in-motion before totalising;
“maximum wagon weight” means the largest in-motion load which the automatic rail-weighbridge is approved to weigh for a particular site;
“minimum capacity” means the load below which a weighing-in-motion result before totalising may be subject to an excessive relative error;
“minimum wagon weight” means the wagon weight (when the wagon is unloaded) below which a weighing-in-motion result may be subject to an excessive relative error;
“ OIML R 106 ” means the International Recommendation OIML R 106 of the Organisation Internationale de Métrologie Légale relating to automatic rail-weighbridges (Edition 1997 (E));
“prescribed limits of error” has the meaning set out in regulation 9(3);
“reference wagon” means a railway goods vehicle that is recognised by the automatic rail-weighbridge as a vehicle to be weighed being —
of known weight;
typical of those to be used for weighing on the automatic rail-weighbridge;
and which has been selected for the purposes of in-motion testing;
“scale interval” or “d” means a value expressed in units of mass for weighing-in-motion that is the difference between —
the values corresponding to two consecutive scale marks for analogue indication; or
two consecutive indicated or printed values for digital indication;
“scale interval for stationary load” means the scale interval used for static tests;
“the stamp” or “verification mark” means the prescribed stamp ;
“total train” means a number of coupled wagons whose totalised weight is to be obtained;
“wagon” means a loaded or unloaded railway goods vehicle that is recognised by the automatic rail-weighbridge as a vehicle to be weighed;
“weighing-in-motion” means weighing objects that are in motion; and
“weigh zone” means the zone in which a wagon must be located when it is to be weighed.
2
Any expression or procedure which is not defined in these Regulations and is used both in these Regulations and OIML R 106 shall bear the same meaning as in OIML R 106.
Application
3
1
Subject to paragraph (2) and regulation 4, these Regulations apply to automatic rail-weighbridges and such instruments are hereby prescribed for the purposes of section 11(1) of the 1985 Act (use for trade of weighing or measuring equipment of prescribed classes).
2
These Regulations do not apply to any automatic rail-weighbridge which has been put into use for trade before these Regulations came into force.
Transitional exclusion
4
1
Subject to paragraph (2), these Regulations do not apply to an automatic rail-weighbridge —
a
which comprises an automatic weighing machine for the purposes of the Weights and Measures Regulations 1963; and
b
which has been first passed as fit for use for trade, for the purposes of those Regulations, within a period of 10 years from the date on which these Regulations came into force.
2
The exception provided in paragraph (1) does not apply in the case of an automatic rail-weighbridge which bears the marking “R 106”.
PART II
GENERAL REQUIREMENTS FOR USE FOR TRADE
General Duties for use for trade
5
No person shall use for trade an automatic rail-weighbridge unless —
a
it has been erected and installed in accordance with the requirements of Schedule 2;
b
the requirements of Schedule 3 in respect of its use and manner of use are complied with; and
c
when it is used as a non-automatic weighing instrument that serves to determine the mass of a load by using the action of gravity —
i
it complies with the requirements of either the Weighing Equipment (Non-automatic Weighing Machines) Regulations 2000 or the Non-automatic Weighing Instruments Regulations 2000 and
ii
it is equipped with an enabling device for non-automatic operation that prevents both automatic operation and weighing-in-motion.
Requirements to be satisfied for passing as fit for use for trade
6
Every automatic rail-weighbridge shall, before it is passed as fit for use for trade, —
a
comply with a pattern in respect of which a certificate of approval remains in force at the time when such automatic rail-weighbridge is so passed;
b
have affixed to it the applicable descriptive markings relating to that automatic rail-weighbridge and have provision for a place for the application of the specified verification marks, in accordance with the requirements of Schedule 4; and
c
subject to regulation 8, have successfully undergone initial verification testing; for the purposes of these Regulations, initial verification testing means testing of an automatic rail-weighbridge in accordance with the procedure specified in clause 5.2 (initial verification) of Part 1 of OIML R 106 or on an equivalent basis.
Supplementary requirements
7
1
Every automatic rail-weighbridge submitted for testing shall be completely assembled and in a clean condition.
2
For the purposes of the performance by an inspector of his functions under the 1985 Act or these Regulations relating to inspection, testing, passing as fit for use for trade and stamping of any automatic rail-weighbridge, a person submitting such a weighbridge to an inspector or who an inspector has reasonable cause to believe has control of such a weighbridge for use for trade shall, if requested, provide for the inspector’s use such test vehicles, material, qualified personnel and control instrument as the inspector may reasonably require: any test vehicles, material, or control instrument so provided shall be returned to the person in question.
3
An automatic rail-weighbridge, other than one which has been transported without having been dismantled, shall not be tested, passed as fit for use for trade and stamped unless it has been completely erected ready for use and, subject to paragraph (4), installed in the position in which it is to be used.
4
Where an inspector is satisfied that any dismantling and re-assembly or transportation of an automatic rail-weighbridge to its intended place of use could not, in his opinion, affect the accuracy or functioning of that weighbridge, it may be examined, with a view to passing that weighbridge as fit for use for trade at a place other than the intended place of use, for the purposes of initial verification testing.
5
Any control instrument shall comply with the requirements of Schedule 5 which apply to it when it is separate or integral as the case may be.
Automatic Rail-weighbridges imported from another EEA State
8
1
Subject to paragraph (3), in relation to an automatic rail-weighbridge imported into Great Britain from another EEA State, an inspector shall not carry out any test relating to initial verification testing if, together with the weighbridge being imported, he is presented with the requisite documentation.
2
In this regulation and regulation 9(2) —
a
“requisite documentation” means —
i
the test report of an approved body that the weighbridge which is the subject of that report has been tested on the same basis as the procedure specified in clause 5.2 (initial verification) of Part 1 of OIML R 106 or on an equivalent basis, and stating which tests have been applied to it; and
ii
the test results relating to those tests;
where a body is an “approved body” if it is a body in another EEA State which has responsibility in that State for metrological control of automatic rail-weighbridges or is a laboratory which has been accredited in an EEA State in relation to automatic rail-weighbridges as being a body which conforms with the criteria set out in BS EN ISO / IEC 17025:2000 ; and
b
“EEA State” means a State which is a Contracting Party to the EEA Agreement other than the United Kingdom; and in this paragraph “the EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993.
3
Nothing in these Regulations shall prevent an inspector carrying out initial verification testing where he is not satisfied —
a
as to the authenticity of the test report or the results presented to him; or
b
that the test results presented to him are results which in fact relate to the weighbridge being imported; or
c
subject to regulation 7(4), that the weighbridge has not been dismantled after the tests to which the test report relates were carried out.
PART III
TESTING AND STAMPING
Passing as fit for use for trade
9
1
An inspector shall not pass as fit for use for trade an automatic rail-weighbridge unless —
a
it complies with all the appropriate requirements of these Regulations; and
b
on testing, it falls within the prescribed limits of error in relation to passing as fit for use for trade.
2
An inspector shall not pass as fit for use for trade an automatic rail-weighbridge imported from another EEA State unless —
a
where the requisite documentation is presented in accordance with regulation 8, the test report recites and the test data confirm to the satisfaction of the inspector that, on testing in accordance with the provisions of clause 5.2 (initial verification) of Part 1 of OIML R 106 or on an equivalent basis, that weighbridge fell within limits of error which afford in use an equivalent standard to the prescribed limits of error; and
b
it otherwise complies with all the relevant requirements of these Regulations.
3
For the purposes of these Regulations, the prescribed limits of error relating to an automatic rail-weighbridge shall be determined in accordance with the provisions of Schedule 6.
Stamping
10
1
The stamp shall be placed on the place for the application of specified verification marks in accordance with the requirements of Schedule 4.
2
An inspector shall not stamp an automatic rail-weighbridge in accordance with paragraph (1) if it bears any mark which, in his opinion, might reasonably be mistaken for the stamp, or any statement or mark (other than an inspector’s stamp) which purports to be or, in the opinion of the inspector, might reasonably be mistaken for an expression of approval or guarantee of accuracy by any body or person.
Manner of obliteration of stamps
11
An inspector shall obliterate a stamp, in accordance with the requirements of these Regulations, by means of punches or pincers of suitable sizes of a six-pointed star design as shown in the following illustration —
Obliteration of stamps
12
1
Subject to paragraph (2), an inspector shall obliterate the stamp on any automatic rail-weighbridge which —
a
on testing in accordance with clause 5.3 (in-service inspection) of Part 1 of OIML R 106 fails to fall within the prescribed limits of error in relation to obliteration of the stamp; or
b
fails to comply with any other appropriate requirement of these Regulations.
2
Except as provided by regulation 13, where any automatic rail-weighbridge does not fully comply with the requirements of these Regulations, but the nature or degree of the non-compliance is not, in the inspector’s opinion, such as to require the immediate obliteration of the stamp, he shall give to the proprietor or any person in control of that weighbridge a notice calling on him to have the weighbridge corrected within a stated period not exceeding 28 days, and shall obliterate the stamp if the correction has not been made within the stated period.
13
1
An inspector shall obliterate the stamp on any automatic rail-weighbridge which has, since it was last stamped, had any alteration or addition made to it such that it could not be passed as fit for use for trade under regulation 9.
2
Subject to paragraph (3), an inspector shall obliterate the stamp on any automatic rail-weighbridge which has, since it was last stamped, been the subject of any adjustment, alteration, addition, repair or replacement which could, in the opinion of the inspector, have affected its accuracy or function.
3
Where an automatic rail-weighbridge has been subjected to one or other of the occurrences in paragraph (2) and the chief inspector of weights and measures for the area in which the weighbridge is situated has been furnished in writing with details of the occurrence, an inspector may obliterate the stamp.
14
An inspector may obliterate the stamp on any automatic rail-weighbridge which —
a
is in use for trade for a particular purpose and —
i
which does not meet the requirements of Schedule 3 in respect of weighing material within the specified weight range; or
ii
for which purpose, in the opinion of the inspector, it is otherwise unsuitable; or
b
is in use for trade in circumstances where the weighbridge is subjected to any extraordinary environmental or operating conditions which, in the opinion of the inspector, —
i
prevent the weighbridge operating consistently and correctly; or
ii
are likely prematurely to degrade the metrological characteristics of the weighbridge.
15
1
For the purposes of these Regulations, the obliteration of any one stamp on any automatic rail-weighbridge shall, subject to paragraph (2), be deemed to be the obliteration of all other stamps on that weighbridge.
2
Where the stamp on one automatic rail-weighbridge forming part of an interconnected system is obliterated, paragraph (1) shall not apply so as to prevent the system or any other automatic rail-weighbridge in the system being used provided that the integrity of the remainder of the system is unimpaired.
Sainsbury of Turville,
Parliamentary Under-Secretary of State for Science and Innovation,
Department of Trade and Industry
23rd September 2003


text:
Citation, commencement and extent
1
1
This Order may be cited as the Education (Additional Functions of Her Majesty’s Chief Inspector of Schools in England) Order 2003 and shall come into force on 25th March 2003.
2
This Order applies in relation to England.
Interpretation
2
In this Order–
“the Chief Inspector” means Her Majesty’s Chief Inspector of Schools in England ;
“home child care provider” means a person approved in accordance with a Scheme;
“information”, in article 3(e), means such information as can, in the circumstances in which it is provided, be regarded as necessary or expedient in the interest of protecting children from potential harm or in assisting the obtaining of suitable home child care;
“Scheme” means a scheme made by the Secretary of State under section 12(5) of the Tax Credits Act 2002 .
Additional functions of the Chief Inspector
3
The Chief Inspector, if specified by a Scheme, shall have the following functions–
a
in accordance with the Scheme, to approve persons to be home child care providers and to withdraw or suspend any approval given;
b
in accordance with the Scheme, to impose upon an approval any condition he thinks necessary or expedient and to vary or remove any such condition;
c
in accordance with the Scheme, to assess, by such means as he considers appropriate, the suitability or continued suitability of persons to be home child care providers;
d
to keep the Secretary of State informed about the operation of the Scheme and about the quality and standards of home child care provided by persons approved under the Scheme and to advise the Secretary of State generally, and as required by him, about these and related matters;
e
to provide to the Secretary of State, to local authorities and to parents information relating to persons who have applied to be, are or have been home child care providers and which has been obtained by the Chief Inspector in the course of carrying out his functions under the Scheme;
f
to maintain a list of home child care providers; and
g
to do such other things as are necessary to give full effect to the requirements of the Scheme or which are incidental to the functions referred to in paragraphs (a) to (f).
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
25th February 2003


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the Social Security (Contributions) (Amendment) Regulations 2003, shall come into force on 6th April 2003 and shall have effect for the tax year beginning on that date and for subsequent tax years.
2
In these Regulations “the principal Regulations ” means the Social Security (Contributions) Regulations 2001 .
Amendment of the principal Regulations
2
Amend the principal Regulations as follows.
3
In regulation 1(2) (interpretation), in the definition of “non-contracted-out rate” for “the primary percentage for the time being specified in section 8(2) of the Act;” substitute “the main primary percentage for the time being specified in section 8(2)(a) of the Act ”.
4
1
Amend regulation 9 (earnings period for statutory maternity pay and statutory sick pay) as follows.
2
In the heading to the regulation, after “statutory maternity pay” insert “, statutory paternity pay, statutory adoption pay”.
3
For paragraph (2) substitute —
2
If the Board make a payment of statutory maternity pay, statutory paternity pay or statutory adoption pay under regulations made under the relevant provision —
a
that payment of statutory maternity pay, statutory paternity pay or statutory adoption pay (as the case may be) shall not be aggregated with any other earnings; and
b
the earnings period in respect of that payment for any week shall be a week.
2A
In paragraph (2) “the relevant provision” means —
a
in relation to statutory maternity pay, section 164(9)(b) ,
b
in relation to statutory paternity pay, section 171ZD(3) , and
c
in relation to statutory adoption pay, section 171ZM(3) ,
of the Act (liability to make payments of the relevant statutory pay to be that of the Board).
.
5
Amend regulation 10 (earnings limits and thresholds) as follows —
a
for “2002” substitute “2003”;
b
in paragraph (a) for “£75” substitute “£77”; and
c
in paragraph (b) for “£585” substitute “£595”.
6
For regulation 21 substitute —
Annual maxima for those with more than one employment
21
1
For the purposes of section 19(1) and (2) of the Act (power to prescribe maximum amounts of contributions and repayments of excess) if an earner is employed in more than one employment his liability in any year —
a
for primary Class 1 contributions; or
b
where both primary Class 1 contributions and Class 2 contributions are payable by him, for both primary Class 1 contributions and Class 2 contributions,
shall not exceed an amount which equals the amount found in accordance with paragraph (2).
2
The amount is found as follows.
Step One
Calculate —
53 × ( UEL - PT )
Here UEL is the upper earnings limit, and PT the primary threshold, specified for the year.
Step Two
Multiply the result of Step One by 11 per cent.
Step Three
Add together, in respect of all of the employed earner’s employments, so much of the earnings in each of those employments as exceeds the primary threshold and does not exceed the upper earnings limit.
Step Four
From the sum produced by Step Three subtract the amount found by the formula in Step One.
Step Five
If the result produced by Step Four is a positive value, multiply it by 1 per cent.
If that result is nil or a negative value, it is treated for the purposes of Step Eight as nil.
Step Six
Add together, in respect of all of the employed earner’s employments, so much of the earnings in each of those employments as exceeds the upper earnings limit.
Step Seven
Multiply the sum produced by Step Six by 1 per cent.
Step Eight
Add together the amounts produced by Steps Two, Five and Seven.
The result of Step Eight is the annual maximum, subject to the further qualifications in paragraphs (3) and (4).
3
For the purpose only of determining the extent of the earner’s liability for contributions under paragraph (2), the amount of a primary Class 1 contribution which is paid at a rate less than 11 per cent. —
a
because the earner is in contracted-out employment, or
b
because the earner is a married woman who has made an election to pay contributions at the reduced rate as mentioned in regulation 127,
shall be treated as equal to the amount of the primary Class 1 contribution which would be payable if the employment were not contracted-out or the election had not been made.
4
Paragraph (2) is subject to —
a
section 12 of the Act (late paid Class 2 contributions); and
b
regulations 63 to 65 (special provisions about Class 2 and Class 3 contributions paid late).
5
Notwithstanding paragraphs (1) to (4), an earner shall be liable, in the first instance, for the full amount of the contributions which would have been payable but for this regulation.
.
7
In regulation 49(1) (precluded Class 3 contributions) for “primary Class 1 contributions”, in each place where that expression occurs, substitute “primary Class 1 contributions, payable at the main primary percentage,”.
8
For regulation 84 (special provisions relating to primary Class 1 contributions) substitute —
84
1
If in accordance with an arrangement authorised under regulation 68, notwithstanding paragraph 3(1) of Schedule 1 to the Act (method of paying Class 1 contributions), an earner is required to make direct payments in respect of primary Class 1 contributions in respect of earnings paid to him or for his benefit, the following provisions of this regulation apply.
2
In a case to which this regulation applies —
a
the earner shall be liable for such of the primary Class 1 contributions as are specified in the arrangements authorised under regulation 68, and
b
the secondary contributor shall be liable for any other Class 1 contributions,
in respect of earnings paid to the earner or for the earner’s benefit from the employment in question.
3
The Board shall notify the secondary contributor in writing of —
a
the arrangement,
b
the contributions for which, notwithstanding the arrangement, he will remain accountable to the Board, and
c
the period to which the arrangement relates (“the relevant period”).
4
During the relevant period, paragraph 3(1) of Schedule 1 to the Act (method of paying Class 1 contributions) shall not apply to the secondary contributor in respect of those contributions —
a
to which the arrangement relates, and
b
for which he would otherwise have been accountable to the Board,
unless and until the arrangement has been cancelled before the end of the period and the secondary contributor has been notified in writing of its cancellation.
.
9
Omit regulation 85 (exception in relation to earnings to which regulation 84 applies).
10
In regulation 90(4) (condition for approval of alternative arrangements for payment of Class 2 and Class 3 contributions) —
a
for “total amount of primary Class 1 contributions” substitute “total amounts of primary Class 1 contributions and Class 2 contributions”; and
b
for “the maximum amount prescribed in regulation 21 for that year” substitute “the amount equal to 53 primary Class 1 contributions payable on earnings at the upper earnings limit for that year at the main primary percentage”.
11
1
Amend regulation 94 (exception from Class 4 liability by reference to Class 1 contributions paid on earnings chargeable to income tax under Schedule D) as follows.
2
For the heading substitute —
Exception from Class 4 liability in respect of earnings from employed earner’s employment chargeable to income tax under Schedule D.
3
For paragraph (1) substitute —
1
If, for any year of assessment —
a
an earner has earnings from employment which is employed earner’s employment; and
b
those earnings are chargeable to income tax under Schedule D;
the earner shall be excepted from liability to pay contributions under section 15 of the Act on those earnings.
This is subject to the following qualification.
.
12
In regulation 95 (deferment of Class 4 liability where such liability is in doubt) for “until such later date” substitute “and for such period”.
13
1
Amend regulation 99 (calculation of liability for, and recovery of, Class 4 contributions after issue of certificate of deferment) as follows.
2
In paragraph (1)(a) for “contributions payable” substitute “contributions, the payment of which has been deferred,”.
3
In paragraph (3) for the words from “This is subject to paragraph (4)” to the end substitute “This is subject to the following qualification.”.
4
In paragraph (4) for the words from “final and conclusive” to the end substitute “final and conclusive.”.
14
For regulation 100 (annual maximum of Class 4 contributions due under section 15 of the Act) substitute —
Annual maximum of Class 4 contributions due under section 15 of the Act
100
1
If, in respect of any year, there are payable by or in respect of an earner Class 4 contributions under section 15 of the Act and also —
a
primary Class 1 contributions or Class 2 contributions; or
b
primary Class 1 contributions and Class 2 contributions,
paragraph (2) applies.
2
If this paragraph applies, the earner’s liability for Class 4 contributions shall not exceed the maximum found in accordance with paragraph (3).
3
The maximum is found as follows.
Step One
Subtract the lower profits limit from the upper profits limit for the year.
Step Two
Multiply the result of Step One by 8 per cent.
Step Three
Add to the result of Step Two 53 times the weekly amount of the appropriate Class 2 contribution.
Step Four
Subtract from the result of Step Three the aggregate amount of any Class 2 contributions and primary Class 1 contributions paid at the main primary percentage.
The application of the following steps is determined by reference to the following three Cases.
Case 1
If the result of this step is a positive value, and exceeds the aggregate of —
primary Class 1 contributions payable at the main primary percentage,
Class 2 contributions; and
Class 4 contributions payable at the main Class 4 percentage,
in respect of the earner’s earnings, profits and gains for the year, the result of this step is the maximum amount of Class 4 contributions payable.
Case 2
If the result of this step is a positive value, but does not exceed the aggregate mentioned in Case 1, the result of this step is the maximum amount of Class 4 contributions payable at the main Class 4 percentage.
Case 3
If the result of this step is a negative value, the maximum amount of a Class 4 contribution payable at the main Class 4 percentage is nil and the result of this step is treated as nil.
If Case 1 applies, Steps Five to Nine do not, but if Case 2 or Case 3 applies those Steps do apply.
Step Five
Multiply the result of Step Four by 100 8
Step Six
Subtract the lower profits limit from the lesser of the upper profits limit and the amount of profits for the year.
Step Seven
Subtract the result of Step Five from the result of Step Six.
If the result of this step is a negative value, it is treated as nil.
Step Eight
Multiply the result of Step Seven by 1 per cent.
Step Nine
Multiply the amount by which the profits and gains for the year exceed the upper profits limit for the year by 1 per cent.
The maximum amount of Class 4 contributions payable is —
where Case 1 of Step Four applies, the result of that step, and
where Case 2 or Case 3 of Step Four applies, the amount produced by adding together the results of Steps Four, Eight and Nine.
This is subject to the qualifications in paragraphs (4) to (6).
In this paragraph —
“lower profits limit” means the lesser of the two monetary sums specified in section 15(3)(a) of the Act ; and
“upper profits limit” means the greater of those sums.
4
For the purpose only of determining the extent of the earner’s liability for contributions under paragraph (3), the amount of a primary Class 1 contribution which would otherwise be payable at the main primary percentage but which is paid at a rate less than 11 per cent. because the earner —
a
is in contracted-out employment, or
b
is a married woman who has made an election to pay contributions at the reduced rate as mentioned in regulation 127,
shall be treated as equal to the amount of the primary Class 1 contribution payable at the main primary percentage, which would be so payable if the employment were non-contracted-out employment or the election had not been made (as the case may be).
5
Paragraph (2) is subject to the provisions of section 12 of the Act and to regulations 63 to 65.
6
Notwithstanding paragraphs (1) to (5), an earner shall be liable, in the first instance, for the full amount of the contributions which would have been payable but for this regulation.
.
15
In regulation 103(2) (Class 4 liability of earners treated as self-employed who would otherwise be employed earners) for the words from “of an amount equal” to the end substitute —
of an amount equal to the aggregate of —
a
the main Class 4 percentage of so much of the total of those earnings as exceeds the lower, but does not exceed the higher, of the money sums, and
b
the additional Class 4 percentage of so much of the total of those earnings as exceeds the higher of the money sums,
for the time being specified in section 18(1A) .
.
16
1
Amend Schedule 4 (provisions derived from the Income Tax Acts and the Income Tax (Employments) Regulations 1993 ) as follows.
2
In paragraph 7(13) —
a
in paragraph (b) —
i
for sub-paragraphs (iv) and (v) substitute —
iv
the sum of the primary Class 1 contributions and secondary Class 1 contributions payable on all the employee’s earnings, other than contributions recovered under sub-paragraph (3); and
v
the primary Class 1 contributions payable on the employee’s earnings;
;
ii
after sub-paragraph (vi) insert —
vii
any statutory paternity pay; and
viii
any statutory adoption pay.
The amounts to be recorded under sub-paragraphs (iv) and (v) are the amounts of contributions after deducting the amount of any reduction calculated in accordance with section 41(1) to (1B) or section 42A(1) to (2A) of the Pensions Act (“the reduction”), subject to the following qualification.
If the amount of the reduction exceeds the amount of the contributions in respect of which it falls to be made, the amount to be entered under sub-paragraph (v) is nil.
; and
b
omit paragraph (c).
3
In paragraph 9(1) —
a
after paragraph (e) insert —
f
the amount of statutory maternity pay paid to the employee;
g
the amount of statutory paternity pay paid to the employee; and
h
the amount of statutory adoption pay paid to the employee;
; and
b
for “head (e)” substitute “paragraph (e)”.
4
For paragraph 11(4) substitute —
4
The condition specified in this sub-paragraph 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 —
( N + P + L + S ) - ( T + SP + CD )
The expressions used in the formula have the following values.
N is the amount which would be payable to the Collector under the Social Security Contributions and Benefits Act 1992 and these Regulations 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 the Act (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 (Payment by Employers) Regulations 2002 (funding of payment of working tax credit) .
P is the amount which would be payable to the Collector under regulation 40 of the Income Tax Regulations if any adjustment to that amount under regulation 7(2) of the Working Tax Credit (Payment by Employers) Regulations 2002 were disregarded.
L is the amount which would be payable to the Collector under regulation 39(1) of the Education (Student Loans) (Repayment) Regulations 2000 (payment of repayments deducted to the Inland Revenue) if the reduction referred to in paragraph (3) of that regulation and in regulation 7(2) of the Working Tax Credit (Payment by Employers) Regulations 2002 were disregarded.
S is the sum of the amounts which the employer would be liable to deduct, under section 559 of the Taxes Act and the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 , from payments made by him.
T 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 —
recoverable by the employer from the Board, or
deductible from amounts for which the employer would otherwise be accountable to the Board,
in respect of payments to his employees by way of statutory sick pay, statutory maternity pay, statutory paternity pay and statutory adoption pay.
CD is the amount which would be deducted by others from sums due to the employer, in his position as a sub-contractor, under section 559 of the Taxes Act.
.
5
In paragraph 22 —
a
in sub-paragraph (1)(c) —
i
in sub-paragraph (i) for “heads (i) to (iv)” substitute “sub-paragraphs (i) to (v)”; and
ii
omit sub-paragraphs (ii) and (iii);
b
at the end of sub-paragraph (1)(d) omit “and” and insert —
da
the total amount of statutory paternity pay paid during the year;
db
the total amount of statutory adoption pay paid during the year; and
; and
c
at the end of sub-paragraph (2)(d) omit “and” and insert —
da
in respect of statutory paternity pay paid during that year to all his employees the total of the amounts determined under regulation 5 of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 ;
db
in respect of statutory adoption pay paid during that year to all his employees the total of the amounts determined under regulation 5 of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002; and
.
6
In paragraph 26 (inspection of employer’s records) after sub-paragraph (3) insert —
3A
Where records are maintained by computer, the employer shall provide the officer with all facilities necessary for obtaining information from them.
.
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
4th February 2003
The Secretary of State hereby concurs.
Ian McCartney
Minister of State,
Department for Work and Pensions
3rd February 2003
The Department for Social Development hereby concurs.
Sealed with the Official Seal of the Department for Social Development on 31st January 2003.
John O'Neill
Senior Officer of the
Department for Social Development
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
3rd February 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Council Tax and Non-Domestic Rating (Electronic Communications) (England) (No 2) Order 2003 and shall come into force on 24th December 2003.
2
This Order applies to billing authorities in England only that is to say, a district or London borough council, the Common Council or the Council of the Isles of Scilly or a county council exercising the functions of a district council in its area pursuant to an order made under section 17 of the Local Government Act 1992 .
Amendment of the Council Tax and Non-Domestic Rating (Electronic Communications) (England) Order 2003
2
The Council Tax and Non-Domestic Rating (Electronic Communications) (England) Order 2003 is amended in accordance with article 3 below.
3
In paragraph (2) of article 1 (citation, commencement and application) after the words “the Isles of Scilly” add “or a county council exercising the functions of a district council in its area pursuant to an order made under section 17 of the Local Government Act 1992.”
Amendment of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
4
The Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 are amended in accordance with article 5 below.
5
In regulation 1 (citation, commencement and interpretation) in paragraph (2) in the definition of “demand notice regulations” after the words “Regulations 1993” add “or, as the case may be, the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003” .
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
26th November 2003


text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Double Taxation Relief (Surrender of Relievable Tax Within a Group) (Amendment) Regulations 2003 and shall come into force on 7th August 2003.
2
These Regulations have effect in relation to distributions made on or after 9th April 2003 in accounting periods ending on or after 7th August 2003.
Amendments to regulation 4 of the Double Taxation Relief (Surrender of Relievable Tax Within a Group) Regulations 2001
2
1
Regulation 4 of the Double Taxation Relief (Surrender of Relievable Tax Within a Group) Regulations 2001 (amount of EUFT available for surrender) is amended as follows.
2
In paragraph (4) —
a
after “attributable” insert “by virtue of section 797(1)”, and
b
after “referable” insert “by virtue of section 432A ”.
3
In paragraph (5) —
a
omit the definition of “attributable”,
b
in the definition of “ BLAGAB ” after “business” insert “within the meaning given by section 431F ”, and
c
for the definitions of “the policy holder’s share of the amount of EUFT attributable to BLAGAB” and “the policy holders' share of the corporation tax attributable to any single dividend referable to the claimant company’s BLAGAB” substitute —
“the policy holders' share of the amount of EUFT attributable to BLAGAB” means the relevant fraction of —
where all of the company’s long-term business within the meaning given by section 431(2) is BLAGAB, the whole of the amount of EUFT;
in any other case, so much of the amount of EUFT as is attributable to BLAGAB by virtue of section 804B(3) or (4) ;
“the policy holders' share of the corporation tax attributable to any single dividend referable to the claimant company’s BLAGAB” means the relevant fraction of that tax;
“the relevant fraction” means the fraction arrived at by dividing —
the policy holders' share of the company’s relevant profits for the relevant accounting period, by
the company’s BLAGAB profits for that period,
and, for the purposes of this definition, “the policy holders' share of the company’s relevant profits” shall be construed in accordance with sections 88(3) and 89 of the Finance Act 1989 and “the company’s BLAGAB profits” shall be construed in accordance with section 89(1B) of that Act;
.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
16th July 2003


text:
Citation and commencement
1
This Order may be cited as the Anti-terrorism, Crime and Security Act 2001 (Continuance in force of sections 21 to 23) Order 2003 and shall come into force on 14th March 2003.
Continuance in force of sections 21 to 23 of the Anti-terrorism, Crime and Security Act 2001
2
Sections 21 to 23 of the Anti-terrorism, Crime and Security Act 2001 shall not expire in accordance with section 29(1) of that Act but shall continue in force for a period of one year beginning with 14th March 2003.
David Blunkett
One of Her Majesty’s Principal Secretaries of State
Home Office
12th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Walsall Primary Care Trust (Change of Name) Amendment Order 2003 and shall come into force on 20th August 2003.
2
In this Order —
“the Establishment Order ” means the Walsall Primary Care Trust (Establishment) Order 2002 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Walsall Teaching Primary Care Trust instead of the Walsall Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2(1) of the Establishment Order (establishment, operational date and name of the Primary Care Trust),“Walsall” shall be replaced by “Walsall Teaching”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
31st July 2003


text:
1
These Regulations may be cited as the Education (Teachers’ Qualifications and Health Standards) (England) (Amendment) Regulations 2003 and shall come into force on 21 th February 2003.
2
The Education (Teachers’ Qualifications and Health Standards) (England) Regulations 1999 shall be amended as follows.
3
At the end of paragraph 6 of Schedule 3 after “1993” there shall be inserted “, and as amended by the Agreement between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other, on the Free Movement of Persons signed at Luxembourg on 21 th June 1999 ”.
David Miliband
Minister of State
Department for Education and Skills
23rd January 2003


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


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Community Care Plans (Disapplication) (England) Order 2003 and shall come into force on the day after the day on which it is made.
2
In this Order —
“ the Act ” means the National Health Service and Community Care Act 1990; and
“local authority” has the same meaning as in section 46(3) of the Act.
3
This Order applies to local authorities whose areas are situated in England only.
Disapplication
2
The following provisions shall not apply to local authorities to which this Order applies —
a
subsections (1) and (2) of section 46 of the Act; and
b
the entry relating to section 46 of the Act contained in Schedule 1 to the Local Authority Social Services Act 1970 .
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
8th July 2003


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) (Amendment) (No. 3) Order 2003.
2
This Order shall come into force on the day after it is made.
3
In Schedule 1 to the Nationality, Immigration and Asylum Act 2002 (Commencement No. 4) Order 2003 in column 2, in relation to section 123 of the Nationality, Immigration and Asylum Act 2002 (advice about work permit, & c.), for “1st December 2003” substitute “1st April 2004”.
Beverley Hughes
Minister of State
Home Office
18th November 2003