text:
Title, commencement and extent
1
These Regulations may be cited as the Food Supplements (England) Regulations 2003; they come into force on 1st August 2005 and extend to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
“Directive 2002/46” means Directive 2002/46/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to food supplements;
“dose form” means a form such as capsules, pastilles, tablets, pills, and other similar forms, sachets of powder, ampoules of liquids, drop dispensing bottles, and other similar forms of liquids or powders designed to be taken in measured small unit quantities;
“food supplement” means any food the purpose of which is to supplement the normal diet and which —
is a concentrated source of a vitamin or mineral or other substance with a nutritional or physiological effect, alone or in combination; and
is sold in dose form;
“preparation” includes manufacture and any form of processing or treatment, and “prepared” shall be construed accordingly;
“sell” includes possess for sale and offer, expose or advertise for sale;
“ultimate consumer” means any person who purchases otherwise than —
for the purpose of resale;
for the purposes of a catering establishment; or
for the purposes of a manufacturing business.
2
A food supplement shall be regarded as prepacked for the purposes of these Regulations if —
a
it is ready for sale to the ultimate consumer or to a catering establishment, and
b
it is put into packaging before being offered for sale in such a way that the food supplement cannot be altered without opening or changing the packaging.
3
Other expressions used both in these Regulations and in Directive 2002/46 have the same meaning in these Regulations as they have in that Directive.
Scope of Regulations
3
1
These Regulations apply to food supplements sold as food and presented as such.
2
These Regulations do not apply to medicinal products as defined by Directive 2001/83/EC of the European Parliament and of the Council on the Community code relating to medicinal products for human use.
Restriction on form in which food supplements are sold to the ultimate consumer
4
No person shall sell any food supplement to the ultimate consumer unless it is prepacked.
Prohibitions on sale relating to composition of food supplements
5
1
Subject to paragraph (3), no person shall sell a food supplement in the manufacture of which a vitamin or mineral has been used unless that vitamin or mineral —
a
is listed in column 1 of Schedule 1; and
b
is in a form which —
i
is listed in Schedule 2, and
ii
meets the relevant purity criteria.
2
The relevant purity criteria for the purposes of paragraph (1)(b)(ii) are —
a
the purity criteria, if any, specified by Community legislation for the use of the substance in question in the manufacture of food for purposes other than those covered by Directive 2002/46; or
b
in the absence of such purity criteria, generally acceptable purity criteria for the substance in question recommended by international bodies.
3
In the case of a vitamin or mineral which is not listed in column 1 of Schedule 1 or is not in a form listed in Schedule 2, the prohibitions in paragraph (1) shall not apply until 1st January 2010 if —
a
the substance in question was used in the manufacture of a food supplement which was on sale in the European Community on 12th July 2002;
b
a dossier supporting use of the substance in question was submitted to the Commission by the Food Standards Agency or a member State other than the United Kingdom by 12th July 2005; and
c
the European Food Safety Authority has not given an unfavourable opinion in respect of the use of that substance, or its use in that form in the manufacture of food supplements.
Restrictions on sale relating to labelling etc of food supplements
6
1
No person shall sell a food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless the name under which it is sold is “food supplement”.
2
Without prejudice to the Food Labelling Regulations 1996 , no person shall sell a food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless it is marked or labelled with the following particulars —
a
the name of the category of any vitamin or mineral or other substance with a nutritional or physiological effect which characterises the product or an indication of the nature of that vitamin or mineral or other substance;
b
the portion of the product recommended for daily consumption;
c
a warning not to exceed the stated recommended daily dose;
d
a statement to the effect that food supplements should not be used as a substitute for a varied diet;
e
a statement to the effect that the product should be stored out of the reach of young children; and
f
the amount of any vitamin or mineral or other substance with a nutritional or physiological effect which is present in the product.
3
The information required by paragraph (2)(f) shall —
a
be given in numerical form;
b
in the case of a vitamin or mineral listed in column 1 of Schedule 1, be given using the relevant unit specified in column 2 of that Schedule;
c
be the amount per portion of the product as recommended for daily consumption on the labelling of the product;
d
be an average amount based on the manufacturer’s analysis of the product; and
e
in the case of a vitamin or mineral listed in the Annex to Council Directive 90/496/ EEC on nutrition labelling for foodstuffs, be expressed also as a percentage (which may also be given in graphical form) of the relevant recommended daily allowance specified in that Annex.
4
No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment if the labelling, presentation or advertising of that food supplement includes any mention, express or implied, that a balanced and varied diet cannot provide appropriate quantities of nutrients in general.
Manner of marking or labelling
7
1
No person shall sell any food supplement which —
a
is ready for delivery to the ultimate consumer, or
b
is ready for delivery to a catering establishment and is prepacked,
unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) appear —
i
on the packaging;
ii
on a label attached to the packaging; or
iii
on a label which is clearly visible through the packaging,
save that where the sale is otherwise than to the ultimate consumer such particulars may, alternatively, appear only on the commercial documents relating to the food supplement where it can be guaranteed that such documents, containing all such particulars, either accompany the food supplement to which they relate or were sent before, or at the same time as, delivery of the food supplement, and provided always that the particulars required by regulation 5(a), (c) and (e) of the Food Labelling Regulations 1996 are also marked or labelled on the outermost packaging in which that food supplement is sold.
2
No person shall sell any food supplement which is ready for delivery to a catering establishment and is not prepacked, unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) appear —
a
on a label attached to the food supplement;
b
on a ticket or notice which is readily discernible by the intending purchaser at the place where he chooses the food supplement; or
c
in commercial documents relating to the food supplement where it can be guaranteed that such documents either accompany the food supplement to which they relate or were sent before, or at the same time as, delivery of the food supplement.
3
No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment unless the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) are easy to understand, clearly legible and indelible and, when a food is sold to the ultimate consumer, those particulars are marked in a conspicuous place in such a way as to be easily visible.
4
No person shall sell any food supplement which is ready for delivery to the ultimate consumer or to a catering establishment if the particulars with which it is required to be marked or labelled by virtue of regulation 6(2) are in any way hidden, obscured or interrupted by any other written or pictorial matter.
Enforcement
8
1
Each food authority shall enforce and execute these Regulations in its area.
2
In this regulation “food authority” does not include —
a
the council of a district of a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change; or
b
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple).
Offences and penalties
9
If any person contravenes regulation 4, 5, 6 or 7 he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Defence in relation to exports
10
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and
b
in the case of export to a member State, that the legislation complies with the provisions of Directive 2002/46.
Application of various provisions of the Act
11
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by paragraph (g) above;
i
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by paragraph (g) above;
j
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by paragraph (h) above;
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
9th May 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2003 and shall come into force on 1st April 2003.
2
These Regulations apply to England only.
Amendment of Regulations
2
For the Schedule to the Environmental Protection (Waste Recycling Payments) Regulations 1992 (“the 1992 Regulations ”) substitute —
THE SCHEDULE
REPRESENTATIVE SAVINGS IN WASTE DISPOSAL COSTS
Regulation 2(5)
Type of waste disposal authority Saving in waste disposal costs per tonne
A London waste disposal authority for an area which includes an inner London borough.
The council of an inner London borough.
The Common Council of the City of London.
£57.43
A London waste disposal authority which comprises outer London boroughs.
The council of an outer London borough.
£50.83
The Greater Manchester Waste Disposal Authority.
The Merseyside Waste Disposal Authority.
The council of a metropolitan district.
£42.97 Any other waste disposal authority in England. £35.06 where the authority incurs any transport costs in disposing of similar wastes, and £25.85 in other cases.
.
Revocation
3
The Environmental Protection (Waste Recycling Payments) (Amendment) (England) Regulations 2002 (which last substituted a new Schedule to the 1992 Regulations) are hereby revoked.
Signed on behalf of the Secretary of State
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
9th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Railways (Safety Case) (Amendment) Regulations 2003 and shall come into force on 1st April 2003.
2
In these Regulations, “the 2000 Regulations ” means the Railways (Safety Case) Regulations 2000 .
Amendments
2
The 2000 Regulations shall be amended in accordance with regulations 3 to 9.
3
In regulation 2(1), the definition of “assessment body” shall be omitted.
4
Regulation 3 shall be omitted.
5
In regulation 4, paragraphs (2) and (3) shall be omitted.
6
In regulation 5 —
a
paragraphs (3), (4)(d) and (6)(b) shall be omitted; and
b
in paragraph (9), there shall be omitted the words —
i
“or, where applicable, the assessment body,”, and
ii
“and, where applicable, the assessment body”.
7
In regulation 7 —
a
in paragraph (9), there shall be omitted the words —
i
“or, where applicable, the assessment body”, and
ii
“and, where applicable, the assessment body”; and
b
paragraph (10) shall be omitted.
8
For regulation 9, and subject to regulation 10 of these Regulations, there shall be substituted the following regulations —
9
1
Subject to regulation 9A, an infrastructure controller shall procure a competent body to undertake at intervals of not more than 12 months an audit of the operation of that infrastructure controller where such operation arises from the control of railway infrastructure all or part of which —
a
is used for the operation of passenger trains by a train operator who is not also the infrastructure controller; or
b
serves a station operated by a station operator who is not also the infrastructure controller.
2
Subject to regulation 9A, a train operator shall procure a competent body to undertake at intervals of not more than 12 months an audit of the operation of that train operator where any of the trains in question use railway infrastructure referred to in paragraph (1).
3
Subject to regulation 9A, a station operator shall procure a competent body to undertake at intervals of not more than 12 months an audit of the operation of that station operator where the station in question is served by railway infrastructure referred to in paragraph (1).
4
A competent body —
a
shall not be the same person as; and
b
shall be sufficiently independent of,
the railway operator whose operation is the subject of an audit undertaken pursuant to this regulation, to ensure that the audit in question is objective.
5
A railway operator who procures a competent body to undertake an audit in accordance with this regulation shall —
a
obtain from that competent body a report of such audit; and
b
as soon as reasonably practicable after its completion, send a copy of that report to —
i
the Executive, and
ii
any other railway operator who may be affected by matters to which the report relates.
6
A report referred to in paragraph (5) may be prepared in respect of more than one operation undertaken by the same person.
7
In this regulation —
a
“audit” means a systematic assessment of the adequacy of the management system of the railway operator to achieve compliance by him with the relevant statutory provisions in relation to the operation undertaken by him;
b
“competent body” means a person who has the skills, knowledge, experience and resources to carry out an audit referred to in this regulation;
c
“management system” means the organisation and arrangements established by the railway operator for managing his undertaking;
d
“station operator” means a person who operates a station;
e
“train operator” means a person who operates a train.
9A
1
A railway operator who commenced his railway operation before the relevant date shall procure in accordance with regulation 9(1), (2) or (3), as the case may be, a competent body to undertake the first audit not more than 15 months after either —
a
the date of the report following the last infrastructure controller’s audit of the operation of the railway operator in question; or
b
if there was no infrastructure controller’s audit of the operation of the railway operator in question, the date on which the railway operation was commenced.
2
A railway operator who commences his railway operation on or after the relevant date shall procure in accordance with regulation 9(1), (2) or (3), as the case may be, a competent body to undertake the first audit not more than 12 months after the date on which the railway operation was commenced.
3
In this regulation —
a
“audit” and “competent body” have the same meanings as in regulation 9;
b
“infrastructure controller’s audit” means an audit procured by an infrastructure controller in accordance with regulation 9 in force on the day before the relevant date; and
c
“the relevant date” means 1st April 2003
.
9
In regulation 11 —
a
in paragraph (1)(b), for the words “an assessment body to enable it to make any recommendation pursuant to regulations 4 or 5 and” there shall be substituted the words “a competent body to enable it”; and
b
in paragraph (2)(c), for the words “an assessment body required to make a recommendation pursuant to regulations 4 or 5 or” there shall be substituted the words “a competent body required”.
Transitional provisions
10
1
Notwithstanding the substitution of regulation 9 of the 2000 Regulations pursuant to regulation 8 of these Regulations, if, before the relevant date —
a
a procured audit has not been completed; or
b
a report of a procured audit has not been obtained by the infrastructure controller in question in accordance with regulation 9(1) of the 2000 Regulations in force on the day before the relevant date; or
c
copies of a report of a procured audit have not been sent by the infrastructure controller in question in accordance with regulation 9(2) of the 2000 Regulations in force on the day before the relevant date,
the provisions of regulation 9 of the 2000 Regulations in force on the day before the relevant date shall continue to apply with respect to the procured audit, the audit report or the copies of the audit report, as the case may be, as if regulation 9 of the 2000 Regulations had not been substituted in accordance with regulation 8 of these Regulations.
2
In this regulation —
a
“procured audit” means an audit procured by an infrastructure controller in accordance with regulation 9(1) of the 2000 Regulations in force on the day before the relevant date; and
b
“the relevant date” means 1st April 2003.
Signed by order of the Secretary of State
John Spellar
Minister of State
Department for Transport
9th March 2003


text:
Citation
1
This Order may be cited as the State Pension Credit Act 2002 (Commencement No. 3) Order 2003.
Appointed day
2
The day appointed for the coming into force of section 14 of the State Pension Credit Act 2002 in so far as it relates to paragraph 3 of Schedule 2 to that Act is 27 th January 2003 for the purpose only of exercising any power to make regulations.
Signed by authority of the Secretary of State for Work and Pensions.
Ian McCartney
Minister of State,
Department for Work and Pensions
21st January 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support (Decisions and Appeals) (Amendment) Regulations 2003 and shall come into force in relation to a particular case on the day on which section 16 of the Child Support Act 1991 as amended by the Child Support, Pensions and Social Security Act 2000 comes into force in relation to that type of case.
2
In these Regulations “the principal Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 .
Amendment of the principal Regulations
2
In regulation 5A of the principal Regulations (date from which a decision revised under section 16 of the Child Support Act takes effect) —
a
for paragraph (2)(b) there shall be substituted —
b
the total amount of child support maintenance which would be fixed for the relevant period by the decision which is treated as a decision made under section 11 of the Child Support Act is greater than the total amount of child support maintenance which was fixed for that period by the decision made under section 12(1) of the Child Support Act (whether as originally made, or as revised or superseded under sections 16 or 17 of that Act respectively, or decided on appeal).
.
b
after paragraph (2)(b) there shall be added —
3
For the purposes of paragraph (2)(b), “the relevant period” means the period during which the decision under section 12(1) of the Child Support Act (whether as originally made, or as revised or superseded under sections 16 or 17 of that Act respectively, or decided on appeal) applied.
.
Signed by the authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th January 2003


text:
Citation and commencement
1
These rules may be cited as the Land Registration (Referral to the Adjudicator to HM Land Registry) Rules 2003 and shall come into force on 13 October 2003.
Interpretation
2
In these rules —
“ the Act ” means the Land Registration Act 2002;
“business day” means a day when the land registry is open to the public under rule 216 of the Land Registration Rules 2003 ;
“disputed application” means an application to the registrar under the Act to which an objection has been made;
“objection” means an objection made under section 73 of the Act;
“the parties” means the person who has made the disputed application and the person who has made an objection to that application.
Procedure for referral to the adjudicator
3
1
When the registrar is obliged to refer a matter to the adjudicator under section 73(7) of the Act, he must as soon as practicable —
a
prepare a case summary containing the information set out in paragraph (2),
b
send a copy of the case summary to the parties,
c
give the parties an opportunity to make comments on the contents of the case summary in the manner, to the address, and within the time specified by him, and
d
inform the parties in writing that the case summary together with copies of the documents listed in it will be sent to the adjudicator with the notice referred to in rule 5(2).
2
The case summary must contain the following information —
a
the names of the parties,
b
the addresses of the parties,
c
details of their legal or other representatives (if any),
d
a summary of the core facts,
e
details of the disputed application,
f
details of the objection to that application,
g
a list of any documents that will be copied to the adjudicator, and
h
anything else that the registrar may consider to be appropriate.
3
The registrar may amend the case summary as he considers appropriate having considered any written comments made to him by the parties under paragraph (1)(c).
Parties' addresses
4
1
If the address of a party set out in the case summary does not comply with paragraph (2), that party must provide the registrar with one that does.
2
An address complies with this paragraph if it —
a
is a postal address in England and Wales, and
b
is either that of the party or of his representative.
Notice of referral to the adjudicator
5
1
This rule applies —
a
when the registrar has considered any written comments made by the parties under rule 3(1)(c), or
b
if he has not received any comments from the parties within the time specified under rule 3(1)(c), on the expiry of that period, and
c
when he has amended the case summary, if appropriate, under rule 3(3).
2
The registrar must as soon as practicable —
a
send to the adjudicator a written notice, accompanied by the documents set out in paragraph (3), informing him that the matter is referred to him under section 73(7) of the Act,
b
inform the parties in writing that the matter has been referred to the adjudicator, and
c
send the parties a copy of the case summary prepared under rule 3 in the form sent to the adjudicator.
3
The notice sent to the adjudicator under paragraph (2)(a) must be accompanied by —
a
the case summary prepared under rule 3 amended, if appropriate, by the registrar under rule 3(3), and
b
copies of the documents listed in that case summary.
Specified time periods
6
1
For the purposes of rule 3(1)(c), the time specified by the registrar must not end before 12 noon on the fifteenth business day after the date on which the registrar sends the copy of the case summary to the relevant party under rule 3(1)(b) or such earlier time as the parties may agree.
2
On and after the date specified in any notice given pursuant to rule 216(2) of the Land Registration Rules 2003, paragraph (1) shall have effect with the substitution of the words “eighteenth business day” for the words “fifteenth business day”.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 2nd August 2003


text:
Citation and commencement
1
This Order may be cited as the Enterprise Act 2002 (Super-complaints to regulators) Order 2003 and shall come into force on 20th June 2003.
Application of section 11 of the Enterprise Act 2002 to super-complaints to regulators other than the OFT
2
Section 11 of the Enterprise Act 2002 (Super-complaints to OFT), other than subsection (7)(a), shall apply to complaints made to a regulator specified in column (1) of the Schedule (“a specified regulator”) as it applies to complaints made to the OFT under that section, if the complaint to a specified regulator concerns a market in relation to which that regulator has functions pursuant to the relevant enactment specified in column (2) of the Schedule.
Brian Wilson,
Minister of State for Energy and Construction
Department of Trade and Industry
23rd May 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Members' Allowances) (England) (Amendment) Regulations 2003 and shall come into force on 31st July 2003.
2
These Regulations apply in England only .
Amendment of Local Authorities (Members' Allowances) (England) Regulations 2003
2
The Local Authorities (Members' Allowances) (England) Regulations 2003 shall be amended in accordance with the provisions of these Regulations.
Amendment of regulation 17 (Transitional Provisions)
3
1
Regulation 17 shall be amended as follows.
2
In paragraph (1) for the words “29th September” there shall be substituted the words “30th December”.
3
In paragraph (2) for the words “30th September” there shall be substituted the words “31st December”.
4
In paragraph (4) for the words “30th September” there shall be substituted the words “31st December”.
Amendment of regulation 23 (Transitional provisions for independent remuneration panels)
4
1
Regulation 23 shall be amended as follows.
2
For the words “within four months of the date on which these Regulations come into force” there shall be substituted “on or before 30th November 2003”.
Amendment of regulation 25 (Parish basic allowance)
5
1
Regulation 25 shall be amended as follows.
2
In paragraph (9) for the words “30th September” there shall be substituted the words “31st December”.
Amendment of regulation 26 (Parish travelling and subsistence allowance)
6
1
Regulation 26 shall be amended as follows.
2
In paragraph (4) for the words “30th September” there shall be substituted the words “31st December”.
Amendment of regulation 34 (Disapplication)
7
1
Regulation 34 shall be amended as follows.
2
In paragraph (2) for the words “30th September” there shall be substituted the words “31st December”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
7th July 2003


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 3) Regulations 2003, and come into force on 26th November 2003.
Amendment
2
The table in Part 1 of Schedule 1 to the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 is amended by —
a
substituting the following for the words in the second column beside “The Institute of Actuaries or the Faculty of Actuaries” —
Their supervisory functions in relation to the exercise by an actuary of his professional duties, including the conduct of disciplinary proceedings and determining whether to institute or terminate such proceedings
;
b
adding the following entry at the end —
A person authorised by the Secretary of State for the purposes of section 245B(1)(b) of the Companies Act 1985 His functions as such
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
4th November 2003


text:
Citation and commencement
1
These Regulations may be cited as the Community Legal Service (Financial) (Amendment) Regulations 2003 and shall come into force —
a
for the purposes of regulation 4 of these Regulations, on the day section 2 of the State Pension Credit Act 2002 (Guarantee credit) comes into force for all purposes ;
b
for all other purposes, on 7th April 2003.
Interpretation
2
In these Regulations, except where the context requires otherwise, reference to a regulation by number alone means the regulation so numbered in the Community Legal Service (Financial) Regulations 2000 .
Amendments to the Community Legal Service (Financial) Regulations 2000
3
In regulation 2(1), after the definition of “funded services”, insert —
“Multi-Party Action” means any action or actions, in which a number of clients have causes of action, which involve common issues of fact or law arising out of the same cause or event;
.
4
In regulation 4(2), for “income-based jobseeker’s allowance”, substitute —
, income-based jobseeker’s allowance or guarantee state pension credit (under section 1(3)(a) of the State Pension Credit Act 2002 ),
.
5
1
In regulation 5(2), for “£611” substitute “£621”;
2
In regulation 5(3), for “£695” substitute “£707”;
3
In regulation 5(5), for “£695” substitute “£707”;
4
In regulation 5(6), for “£695” substitute “£707”.
6
In regulation 5A(4), for “£2,250” substitute “£2,288”.
7
In regulation 5B —
a
omit paragraph (1);
b
for paragraph (2)(b), substitute —
b
the Commission considers it cost-effective to fund those services only in relation to specific issues within the Multi-Party Action.
.
8
In regulation 38(2)(a) —
a
for “£263” substitute “£267”;
b
in paragraph (i), for “£259” substitute “£263”, and for “£386” substitute “£393”;
c
in paragraph (ii), for “£387” substitute “£394”, and for “£513” substitute “£522”.
9
For regulation 38(8), substitute —
8
Paragraph (9) applies where the Commission funds Legal Representation or Support Funding in proceedings which it considers to have a significant wider public interest and either:
a
the Commission considers it cost-effective to fund those services for a specified claimant or claimants, but not for other claimants or potential claimants who might benefit from the litigation; or
b
the Commission is funding those services in a Multi-Party Action and it considers it cost-effective to fund those services only in relation to specific issues within that action.
.
10
In regulation 43 —
a
in paragraph (1), for “(3) and (4)” substitute “(3), (4) and (5)”;
b
after paragraph (4), insert —
5
Where Legal Help is provided as part of the family advice and information networks pilot, the amount of the statutory charge shall not exceed the sum which would have been expended by the Commission, had the Legal Help been provided otherwise than as a part of that pilot.
.
Signed by authority of the Lord Chancellor
Scotland of Asthal, QC
Parliamentary Secretary
Lord Chancellor’s Department
5th March 2003


text:
Citation and commencement etc.
1
These Regulations may be cited as the Police and Criminal Evidence Act 1984 (Remote Reviews of Detention) (Specified Police Stations) Regulations 2003 and shall come into force on 1st November 2003.
2
These Regulations shall have effect in relation only to the police stations at Alton and Winchester (North Walls) in the Hampshire police area .
Remote Reviews of Detention
3
1
In the case of an arrested person who is held at a police station specified in regulation 2, the function of carrying out a review under section 40(1)(b) of the Police and Criminal Evidence Act 1984 (review, by an officer of at least the rank of inspector, of the detention of a person arrested but not charged) may be performed by an officer who —
a
is not present at the police station where the arrested person is held; but
b
has access to the use of video-conferencing facilities that enable him to communicate with persons in that station.
2
An officer performing a review of the type specified in paragraph (1) shall use the video-conferencing facilities so as to enable him to communicate with persons in that station.
Hazel Blears
Minister of State
Home Office
15th September 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the New School (Admissions) (England) Regulations 2003 and shall come into force on 8th May 2003.
2
These Regulations apply in relation to new schools in England which, in the school year in which they will first admit pupils, are to be community, foundation or voluntary schools.
3
Regulations 5,6 and 7 shall not apply in relation to a new school where the admission authority for such a school, established in connection with proposals involving the discontinuance of another school maintained by a local education authority, determine that the initial admission arrangements shall be the same as those of the discontinued school.
Revocation
2
1
Subject to paragraph (2), the New School (Admissions) (England) Regulations 1999 are hereby revoked.
2
The New School (Admissions) (England) Regulations 1999 shall continue to have effect in relation to any school established under section 28 of the 1998 Act the opening date for which is before the school year 2004-05, and nothing in these Regulations shall apply in relation to such a school.
Interpretation
3
In these Regulations —
“the 1998 Act” means the School Standards and Framework Act 1998;
“the 2000 Act ” means the Learning and Skills Act 2000 ;
“the 2002 Act ” means the Education Act 2002 ;
“ S.I. 1999/124 ” means the Education (Relevant Areas for Consultation on Admission Arrangements) Regulations 1999 ;
“S.I. 1999/125 ” means the Education (Objections to Admission Arrangements) Regulations 1999 ;
“admission authority”, in relation to a new school, means the person or body responsible under regulation 4 for making the school’s initial admission arrangements;
“admission number” means the number of pupils in any relevant age group intended to be admitted to the school as determined by an admission authority in accordance with regulation 6;
“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with the net capacity assessment method set out in, the guidance, Assessing the Net Capacity of Schools , issued by the Department for Education and Skills in August 2002;
“initial year”, in relation to a new school, means the first school year in which pupils are (or, it is intended, should be) admitted to the school;
“initial admission arrangements”, in relation to a new school, means the arrangements for the admission of children to the school (including the school’s admission policy) determined by an admission authority in accordance with regulation 5(1);
“maintained school” means a community, foundation or voluntary school;
“new school” means a new school within the meaning of section 72(3) of the 1998 Act;
“relevant committee”, in relation to a maintained school, means the school organisation committee for the area of the local education authority who maintain the school;
“school opening date”, in relation to a new school, means the date when the school first admits pupils;
“temporary governing body” means a temporary governing body constituted under section 34 of the 2002 Act.
Responsibility for initial admission arrangements
4
1
The initial admission arrangements for a new school which is to be a community or voluntary controlled school shall be made by —
a
the local education authority, or
b
the temporary governing body where, with the agreement of that body, the local education authority have delegated to them responsibility for determining those arrangements.
2
The initial admission arrangements for a new school which is to be a foundation or a voluntary aided school shall be made by —
a
the temporary governing body, or
b
(unless sub-paragraph (c) applies) the promoters where —
i
the temporary governing body have not yet been constituted, and
ii
the promoters consider it expedient for the admission arrangements to be determined without delay, or
c
in the case of a foundation school which is to be established by a local education authority pursuant to proposals published under section 28(1)(a) of the 1998 Act, that authority where —
i
the temporary governing body have not yet been constituted, and
ii
that authority considers it expedient for the admission arrangements to be determined without delay.
Procedure for determining admission arrangements
5
1
The admission authority for a new school shall determine the initial admission arrangements for the initial year and the following school year not less than 6 months before the school opening date.
2
Subject to paragraph (4), before determining the initial admission arrangements the admission authority shall consult the following about the proposed arrangements, namely —
a
where the local education authority are the admission authority, every local education authority any part of whose area adjoins the area of the consulting authority;
b
where the temporary governing body or promoters are the admission authority, every local education authority any part of whose area lies within, or adjoins, the relevant area; and
c
in all cases —
i
the admission authorities for all other maintained schools in the relevant area;
ii
the governing bodies of all community and voluntary controlled schools (so far as not falling within paragraph (i)) in the relevant area.
3
In paragraph (2) “the relevant area” is the relevant area or relevant areas determined by the local education authority in accordance with S.I. 1999/124 .
4
In relation to the proposed initial admission arrangements for a primary school, paragraph (2) shall only require the admission authority to consult —
a
the admission authorities for other schools in the relevant area which are primary schools; and
b
the governing bodies of all community and voluntary controlled schools (so far as not falling within subparagraph (a)) in the relevant area which are primary schools.
5
The admission authority for a foundation or voluntary school which is a Church of England school as defined by section 142(1) of the 1998 Act, shall, when preparing initial admission arrangements for consultation under paragraph (2), consult the Diocesan Board of Education about the initial admission arrangements which they propose to determine for the school.
6
Once the admission authority have carried out any consultation under paragraph (2) the authority shall —
a
determine that their proposed arrangements (either in their original form or with such modifications as the authority think fit) shall be the initial admission arrangements, and
b
within 14 days of that determination notify the persons whom they consulted under paragraph (2) of those arrangements.
Determination of Admission Number
6
1
Subject to paragraph (3), a determination under regulation 5(1) by the admission authority of the initial admission arrangements shall include an admission number determined for each relevant age group in accordance with paragraph (2).
2
In relation to a new school to be established pursuant to —
a
proposals published under section 28 of the 1998 Act, the admission number shall be the same as any admission number stated in any notice of the proposals required to be published pursuant to regulations made under subsection (3) of that section, or (if applicable) as modified by the relevant committee under paragraphs 3(2) or 5(2) of Schedule 6 to the 1998 Act, or (as the case may be) by the adjudicator under paragraphs 3(7) or 5(7) of that Schedule;
b
proposals made under section 113A of the 2000 Act, the admission number shall be the same as any admission number stated in any notice of the proposals required to be published pursuant to regulations made under subsection (9) of that section, or (if applicable) as modified by the Secretary of State under subsection (5) of that section, or under paragraph 1(3) of Schedule 7A to that Act ;
c
proposals published under section 70 of the 2002 Act, the admission number shall be the same as any admission number stated in any notice of the proposals required to be published pursuant to Regulations made under subsections (5) and (6) of that section, or (if applicable) as modified by the Secretary of State under paragraphs 3(1) or 5(2) of Schedule 8 to that Act.
3
Paragraph (4) applies in any case where at the time when the initial admission arrangements are determined by the admission authority any proposals referred to in paragraph (2) to which those arrangements relate have not been approved.
4
Where this paragraph applies —
a
the admission authority shall determine for each relevant age group an admission number which shall be the same as the admission number stated in any notice of proposals referred to in paragraph (2);
b
an admission number determined in accordance with sub-paragraph (a) shall be deemed to be a provisional admission number pending approval of the admission number stated in the proposals or (as the case may be) modification of that admission number as described in sub-paragraphs (a), (b) and (c) of paragraph (2); and
c
(except where the context otherwise requires) any reference in these Regulations to an admission number shall have effect as if it were a reference to a provisional admission number.
References of objections to the adjudicator
7
1
Where initial admission arrangements have been determined by an admission authority under regulation 5(6)(a) an objection to those arrangements may be referred to the adjudicator by any person consulted by the admission authority under regulation 5(2) providing that —
a
the objection does not fall within any description of objection prescribed under regulation 2(2) of S.I. 1999/125 , or
b
in any case where regulation 6(4) applies, the objection does not relate to the admission number in circumstances where any approval of the proposals (whether with or without modification of the admission number) is less than six months before the intended school opening date.
2
Subject to paragraph (3), an objection may not be referred under paragraph (1) unless it is received by the adjudicator within 6 weeks after the receipt by the objecting person of the notification required by virtue or regulation 5(6)(b).
3
An objection which is received after the end of the period specified in paragraph (2) shall nevertheless be regarded as properly referred if the adjudicator is satisfied that it was not reasonably practicable for the objection to have been received earlier than the time when it was received.
4
On a reference under paragraph (1) the adjudicator shall either —
a
decide whether, and (if so) to what extent, the objection should be upheld, or
b
where the objection is about any criterion for admission to a new school relating to a person’s religion, religious denomination or religious practice, refer it to the Secretary of State for that question to be decided by him,
save that nothing in this paragraph shall require the adjudicator to make such a determination before —
i
proposals published under section 28(1) and (2) of the 1998 Act, have been approved or determined to be implemented in accordance with the provisions of Schedule 6 to that Act,
ii
proposals made under section 113A of the 2000 Act, have been approved in accordance with the provisions of subsection (5) of that section,
iii
proposals published under section 70 of the 2002 Act, have been approved in accordance with the provisions of Schedule 8 to that Act.
5
Where the objection is referred to the Secretary of State under paragraph (4)(b), the adjudicator shall, if the Secretary of State so requests, give his advice on the question referred to in that provision.
6
Where the adjudicator or the Secretary of State decides that an objection should be upheld to any extent, his decision on the objection may specify the modifications that are to be made to the initial admission arrangements in question.
7
The decisions of the adjudicator or the Secretary of State (as the case may be) and the reasons for them shall be publicised by notification in writing to the admission authority or person (as the case may be) making the objection and to all other persons whom the admission authority was required to consult about the initial admission arrangements under regulation 5(2).
8
The decision of the adjudicator or the Secretary of State (as the case may be) shall, in relation to the initial admission arrangements in question, be binding on the admission authority and on any persons by whom an objection about those arrangements may be made under paragraph (1); and if that decision is to uphold the objection to any extent, those arrangements shall forthwith be revised by the admission authority in such a way as to give effect to that decision.
Variation of initial admission arrangements
8
1
This regulation applies where –
a
the admission authority for a new school have determined the initial admission arrangements in accordance with regulation 5(6)(a), or
b
the admission authority for a new school established in connection with proposals involving the discontinuance of another school maintained by a local education authority have determined that the initial admission arrangements shall be the same as that school,
but at any time during the initial year or the following school year consider that the arrangements should be varied.
2
Where this regulation applies the admission authority may —
a
vary the admission arrangements in view of a major change of circumstances occurring since the initial admission arrangements were so determined, or
b
vary the admission number where such a variation is necessary to implement the approval of proposals published under section 28 of the 1998 Act where —
i
such proposals have been approved under paragraph 3 of Schedule 6, or
ii
the local education authority have determined under paragraph 4 of that Schedule to implement such proposals;
3
Where paragraph (2)(a) applies, the admission authority shall refer the proposed variation to the adjudicator, and shall in every case where there has been consultation under regulation 5(2) notify the bodies, whom they had consulted, of the proposed variation.
4
Where paragraph (2)(b) applies, the admission authority shall refer the proposed variation to the adjudicator unless the proposals giving rise to that variation have been approved —
a
by the relevant committee under paragraph 3(2)(b) of Schedule 6 without modification of any proposed admission number, or
b
(where paragraph 3(5) or (6) of Schedule 6 applies) by the adjudicator in accordance with paragraph 3(7) of that Schedule,
(whether or not the proposals have subsequently been modified by the adjudicator under paragraph 5(7) of Schedule 6) provided in each case that, following such approval, the statutory proposals are not modified in relation to any admission number by the relevant committee pursuant to a request made under paragraph 5(2)(a) of that Schedule.
5
The adjudicator shall consider whether the arrangements should have effect with those variations until the end of the initial year or (as the case may be) the following school year; and if he determines that the arrangements should have such effect or that they should have effect subject to such modifications of those variations as he may determine —
a
the arrangements shall have effect accordingly as from the date of his determination; and
b
in every case where there has been consultation under regulation 5(2) the admission authority shall notify the persons whom they consulted of the variations subject to which the arrangements are to have effect.
6
Any reference in this regulation to Schedule 6 is a reference to Schedule 6 to the 1998 Act.
Application of Enactments
9
The enactments mentioned in the Schedule to these Regulations shall apply to new schools, subject to the modifications prescribed in that Schedule.
David Miliband
Minister of State
Department for Education and Skills
7th April 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Communications Act 2003 (Amendment of the Medicines (Monitoring of Advertising) Regulations 1994) Order 2003 and shall come into force on 29th December 2003.
2
In this Order “the principal Regulations ” means the Medicines (Monitoring of Advertising) Regulations 1994 .
Amendment of regulation 2(1) of the principal Regulations
2
Regulation 2(1) of the principal Regulations (interpretation) shall be amended as follows —
a
the following definitions are to be inserted at the appropriate alphabetical place —
i
“the 2003 Act ” means the Communications Act 2003;
,
ii
“licensed service” means a service in respect of which OFCOM have granted a licence under Parts I or III of the 1990 Act;
,
iii
“OFCOM” means the Office of Communications established by section 1(1) of the Office of Communications Act 2002 ;
,
iv
“S4C” means the television broadcasting service known as Sianel Pedwar Cymru provided by the Welsh Authority pursuant to section 204(2) and (3) of the 2003 Act;
; and
b
the following definitions are to be omitted —
i
“the Commission”,
ii
“complaints authority”, and
iii
“Radio Authority”.
Amendment of regulation 4 of the principal Regulations
3
Regulation 4(1) of the principal Regulations (complaints about advertisements) shall be amended as follows —
a
for “a complaints authority” there shall be substituted “OFCOM”; and
b
“or 10(1)” shall be omitted.
Amendment of regulation 5 of the principal Regulations
4
Regulation 5(1) of the principal Regulations (complaints about certain advertisements) shall be amended as follows —
a
for “a complaints authority” there shall be substituted “OFCOM”; and
b
“or 10(1)” shall be omitted.
Amendment of regulation 9 of the principal Regulations
5
For regulation 9 of the principal Regulations (complaints to the Commission and Radio Authority about certain broadcast advertisements) there shall be substituted —
9
1
OFCOM shall consider any complaint made to them that any advertisement included or proposed to be included in a licensed service or S4C may be in breach of any provision of regulation 9 of the Advertising Regulations, unless the complaint appears to them to be frivolous or vexatious.
2
In exercising the powers conferred on them by these Regulations OFCOM shall have regard to all interests involved and in particular the public interest.
.
Omission of regulation 10 of the principal Regulations
6
Regulation 10 of the principal Regulations (complaints to the Welsh Authority about certain broadcast advertisements) shall be omitted.
Amendment of regulation 11 of the principal Regulations
7
1
Regulation 11 of the principal Regulations (control by a complaints authority of certain broadcast advertisements) shall be amended as follows.
2
In paragraph (1) —
a
“or 10(1)” shall be omitted;
b
for “a complaints authority considers” there shall be substituted “OFCOM consider”;
c
for “a complaints authority may” there shall be substituted “OFCOM may”;
d
in sub-paragraph (a) —
i
for “the Commission” there shall be substituted “advertisements included in a licensed service”, and
ii
for “subsection (6) of section 9 of the 1990 Act” there shall be substituted “subsection (4) of section 325 of the 2003 Act”;
e
in sub-paragraph (b) —
i
for “the Radio Authority” there shall be substituted “advertisements included in S4C”, and
ii
for “subsection (6) of section 93 of the 1990 Act” there shall be substituted “paragraph 14 of Schedule 12 to the 2003 Act”,
iii
for “that subsection” there shall be substituted “sub-paragraph (a)”; and
f
sub-paragraph (c) shall be omitted.
3
In paragraph (2), “(a) or (b)” shall be omitted.
4
In paragraph (3), for “A complaints authority shall not refuse to exercise its” there shall be substituted “OFCOM shall not refuse to exercise their”.
5
In paragraph (4), for “A complaints authority shall give reasons in detail for its” there shall be substituted “OFCOM shall give reasons in detail for their”.
Signed by the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
29th November 2003


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States and the Arab Republic of Egypt) Order 2003. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Health Standards) (England) Regulations 2003 and shall come into force on 1st January 2004.
2
These Regulations apply in relation to England.
Interpretation
3
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“part-time” means not more than two and a half normal working days, or an equivalent period, in any working week;
“relevant activity” means an activity of the kind prescribed by regulation 5(1)(a) to (h); and
“teaching” means carrying out any activity of the kind prescribed by regulation 5(1)(a) to (d).
Revocations
4
The Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 are hereby revoked.
Prescribed activities
5
1
Each of the following kinds of activity is prescribed for the purposes of section 141 of the 2002 Act —
a
planning and preparing lessons and courses for children;
b
delivering lessons to children;
c
assessing the development, progress and attainment of children;
d
reporting on the development, progress and attainment of children;
e
an activity which assists or supports teaching;
f
supervising, assisting and supporting a child;
g
an administrative or organisational activity which supports the provision of education; and
h
an activity which is ancillary to the provision of education.
2
In paragraph (1)(b) “delivering” includes delivery via distance learning or computer-aided techniques.
Health standards
6
1
A relevant activity may only be carried out by a person if, having regard to any duty of his employer under Part II of the Disability Discrimination Act 1995 , he has the health and physical capacity to carry out that activity.
2
Subject to paragraph (3), a person who is in receipt of a retirement pension by virtue of regulation E4(4) of the Teachers' Pensions Regulations 1997 (ill health retirement) is not to be regarded as having the health or physical capacity for teaching.
3
Nothing in paragraph (2) shall prevent a person being appointed on a part-time basis to carry out a relevant activity if his entitlement to receive such pension took effect before 1st April 1997.
Health standards – procedures
7
1
If it appears to an employer that a person may no longer have the health or physical capacity to carry out a relevant activity, the employer —
a
must afford the person an opportunity to submit medical evidence and make representations to him;
b
must consider such evidence and representations and any other medical evidence available to him, including such evidence which has been furnished in confidence on the ground that it would not be in the best interests of the person concerned to see it; and
c
may require the person, or at his request must arrange for him, to submit himself for examination by a qualified medical practitioner appointed by the employer and, if the person fails to submit himself for such examination without good reason or refuses to make available medical evidence or information sought by the medical practitioner, the employer may reach a conclusion in the matter, including a conclusion that the person no longer has the health or physical capacity to carry out that relevant activity, on such evidence and information as is available to him, notwithstanding that further medical evidence may be desirable.
2
At any time before such medical examination as is referred to in paragraph (1)(c) is undertaken, the employer or the person himself may submit to the appointed medical practitioner a statement containing evidence or other matter relevant to the examination: and the examination may be attended by a qualified medical practitioner appointed by the person being examined.
David Miliband
Minister of State,
Department for Education and Skills
3rd December 2003