text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) Regulations 2003 and shall come into force on 1st April 2003.
2
In these Regulations —
“ the Act ” means the National Health Service Act 1977;
“the Agency” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) established by the Order ;
“appropriate authority” means —
in relation to England, the Secretary of State for Health, and
in relation to Wales, the National Assembly for Wales;
“the chairman” means, unless the context otherwise requires, the chairman of the Agency;
“health service body” means any of the following, namely, —
a Strategic Health Authority,
a Health Authority,
a Special Health Authority,
a health board constituted under section 2 of the National Health Service (Scotland) Act 1978,
a Primary Care Trust,
a Local Health Board,
the Common Services Agency for the Scottish Health Service,
an NHS trust, including such a trust established under the National Health Service (Scotland) Act 1978 ,
the Commission for Health Improvement,
the Dental Practice Board or the Scottish Dental Practice Board,
the Public Health Laboratory Service Board,
the Secretary of State,
the Northern Ireland Central Services Agency for the Health and Social Services established under the Health and Personal Social Services (Northern Ireland) Order 1972,
a special health and social services agency established under the Health and Personal Social Services (Special Agencies) (Northern Ireland) Order 1990,
a Health and Social Services Board constituted under the Health and Personal Social Services (Northern Ireland) Order 1972,
a Health and Social Services trust established under the Health and Personal Social Services (Northern Ireland) Order 1991, and
the Department of Health, Social Services and Public Safety for Northern Ireland;
“member” means a member of the Agency other than the chairman;
“non-officer member” means a member who is not an officer of the Agency;
“the NRPB ” means the National Radiological Protection Board established under the Radiological Protection Act 1970 ;
“the Order” means the Health Protection Agency (Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 ;
“primary care list” means a list either of persons undertaking to provide general medical services, general dental services, general ophthalmic services or, as the case may be, pharmaceutical services prepared pursuant to regulations made under section 29, 36, 39, 42 or 43 of the Act or a list of persons approved for the purpose of assisting in the provision of any such services prepared pursuant to regulations made under section 43D of the Act .
Appointment and tenure of office of chairman and members
2
1
Subject to paragraph (2), the chairman and non-officer members shall be appointed by the Secretary of State.
2
One non-officer member shall be appointed by the National Assembly for Wales.
3
Subject to regulation 5 (termination of tenure of office), the term of office of the chairman and non-officer members shall be such period, not exceeding five years, as is specified when the appointment is made by the Secretary of State or, as the case may be, the National Assembly for Wales.
4
Subject to regulation 3 (disqualification for appointment), the chairman and any non-officer member shall, on the termination of that office, be eligible for re-appointment.
5
The chairman and the non-officer members shall appoint the members who are officers of the Agency.
6
Regulation 4(3) to (5) and regulation 5 apply to the non-officer member appointed by the National Assembly for Wales as if each reference to the Secretary of State were a reference to the National Assembly for Wales.
Disqualification for Appointment
3
1
Subject to regulation 4 (cessation of disqualification), a person shall be disqualified for appointment as the chairman or as a non-officer member if —
a
he has, within the preceding five years, been convicted in the United Kingdom of any offence or convicted elsewhere of an offence which, if committed in any part of the United Kingdom would constitute a criminal offence in that part, and in either case has been sentenced to a period of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine, and which has not been quashed on appeal;
b
he has —
i
been adjudged bankrupt or had a sequestration of his estate awarded, or
ii
made a composition or arrangement with, or granted a trust deed for, his creditors;
c
he has been dismissed, otherwise than by reason of redundancy, from any paid employment with —
i
a health service body, or
ii
the NRPB;
d
he is a person whose tenure of office as the chairman or as a member or director of a health service body or the NRPB has been terminated on the grounds that —
i
it was not in the interests of, or conducive to the good management of, the health service body, the NRPB or the health service that he should continue to hold that office,
ii
he failed, without reasonable cause, to attend any meeting of that health service body or, as the case may be, the NRPB, for a period of three months or more, or
iii
he failed to declare a pecuniary interest or withdraw from consideration of any matter in respect of which he had a pecuniary interest;
e
he —
i
is subject to a national disqualification under section 49N of the Act imposed by the Family Health Services Appeal Authority constituted under section 49S of the Act,
ii
is subject to a national disqualification under a decision of the National Health Service Tribunal, which is treated as a national disqualification by virtue of regulation 6(4)(b) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,
iii
has been refused nomination or approval to fill a vacancy for a medical practitioner pursuant to regulations made under section 29B(2A) of the Act or refused admission to a primary care list, on grounds corresponding to the conditions referred to in section 49F(2), (3), or (4) of the Act (efficiency cases, fraud cases and unsuitability cases) and has not subsequently been approved or, as the case may be, included in a primary care list,
iv
is conditionally included in a primary care list under section 43ZA of the Act ,
v
has been removed from a primary care list under section 49F of the Act or by a direction of the National Health Service Tribunal and has not subsequently been included in such a list,
vi
is contingently removed from a primary care list under section 49G of the Act , or
vii
is suspended from a primary care list under section 49I of the Act or is treated as so suspended by virtue of regulation 6(2) of the Abolition of the National Health Service Tribunal (Consequential Provisions) Regulations 2001 ,
and in this sub-paragraph any reference to a provision in the Act includes a reference to the provision corresponding to that provision in Scotland and Northern Ireland;
f
he is subject to a disqualification order under the Company Directors Disqualification Act 1986 , the Companies (Northern Ireland) Order 1986 or to an order made under section 429(2)(b) of the Insolvency Act 1986 (failure to pay under county court administration order);
g
he has been —
i
removed from the office of charity trustee or trustee for a charity by an order made by the Charity Commissioners or the High Court on the grounds of any misconduct or mismanagement in the administration of the charity for which he was responsible or to which he was privy, or which he, by his conduct, contributed to or facilitated, or
ii
removed under section 7 of the Law Reform (Miscellaneous Provisions)(Scotland) Act 1990 (powers of Court of Session to deal with management of charities) from being concerned in the management or control of any body; or
h
he holds any paid appointment or office (which includes being the chairman, chief executive or a non-officer member) with —
i
a Strategic Health Authority,
ii
a Local Health Board,
iii
an NHS trust, or
iv
a Primary Care Trust.
2
For the purposes of paragraph (1)(a), the date of conviction shall be deemed to be the date on which the ordinary period allowed for making an appeal or application with respect to the conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of its not being prosecuted.
3
For the purposes of paragraph (1)(c), a person shall not be treated as having been in paid employment by reason only of his having been the chairman or a member or director of a health service body or the NRPB.
Cessation of disqualification
4
1
Where a person is disqualified under regulation 3(1)(b)(i) by reason of having been adjudged bankrupt or having had a sequestration of his estate awarded —
a
if the bankruptcy is annulled on the ground that that person ought not to have been adjudged bankrupt or on the ground that the person’s debts have been paid in full, the disqualification shall cease on the date of the annulment;
b
if he is discharged, the disqualification shall cease on the date of that discharge.
2
Where a person is disqualified under regulation 3(1)(b)(ii) by reason of having made a composition or arrangement with, or having granted a trust deed for, that person’s creditors —
a
if the person’s debts are paid in full, the disqualification shall cease on the date on which such payment is completed; and
b
in any other case, it shall cease on the expiry of the period of five years beginning on the date on which the terms of the deed of composition or arrangement, or as the case may be, the terms of the trust deed, are fulfilled.
3
Subject to paragraph (4), a person who is disqualified under regulation 3(1)(c) may, after the expiry of two years beginning on the date of the dismissal, apply in writing to the Secretary of State to remove the disqualification, and the Secretary of State may direct that the disqualification shall cease.
4
Where the Secretary of State refuses an application to remove a disqualification no further application may be made by that person until the expiry of the period of two years beginning with the date of the application and this paragraph shall apply to any subsequent application.
5
Where a person is disqualified under regulation 3(1)(d), the disqualification shall cease on the expiry of the period of two years beginning on the date upon which that person’s tenure of office was terminated or such longer period as the Secretary of State specifies when terminating the period of office but, on application being made to the Secretary of State by that person, the Secretary of State may reduce the period of disqualification.
Termination of tenure of office of chairman and non-officer members
5
1
The chairman or a non-officer member may resign from that office at any time during the term of that office by giving notice in writing to the Secretary of State.
2
Where the Secretary of State is of the opinion that it is not in the interests of, or conducive to the good management of, the Agency or of the health service that the chairman or a non-officer member should continue to hold office, the Secretary of State may immediately terminate that person’s tenure of office by giving that person notice in writing to that effect.
3
If the chairman or a non-officer member fails to attend any meeting of the Agency for a period of three months the Secretary of State shall immediately terminate that person’s tenure of office unless satisfied that —
a
the absence was due to a reasonable cause; and
b
the person in question will be able to attend meetings of the Agency within such a period as the Secretary of State considers reasonable.
4
Where a person has been appointed to be the chairman or a non-officer member, and —
a
he becomes disqualified for appointment under regulation 3, he shall notify the Secretary of State in writing of such disqualification; or
b
it comes to the notice of the Secretary of State that at the time of his appointment or later he was so disqualified, the Secretary of State shall immediately declare that the person in question was not duly appointed and notify him in writing to that effect,
and upon receipt of any such notification, his tenure of office, if any, shall be terminated and he shall cease to act as chairman or non-officer member.
5
If it appears to the Secretary of State that the chairman or a non-officer member has failed to comply with regulation 10 (disability on account of pecuniary interest) he may immediately terminate that person’s tenure of office by giving him notice in writing to that effect.
Appointment of deputy chairman
6
1
Subject to paragraph (2), the chairman and members may appoint one of the non-officer members to be deputy chairman for such period, not exceeding the remainder of his term as a member, as they may specify on making that appointment.
2
Any member so appointed may at any time resign from the office of deputy chairman by giving notice in writing to the chairman.
3
Where the chairman has died or has ceased to hold office, or where he is unable to perform his duties as chairman owing to illness, absence or any other cause, references to the chairman in Schedule 1 shall, so long as there is no chairman available to perform his duties, be taken to include references to the deputy chairman.
Appointment of committees and sub-committees
7
1
Subject to such directions as may be given by the appropriate authority, the Agency may, and, if so directed by the appropriate authority, shall, appoint committees of the Agency consisting wholly or partly of members of the Agency or wholly of persons who are not members of the Agency.
2
A committee appointed under this regulation may, subject to such directions as may be given by the appropriate authority or the Agency, appoint sub-committees consisting wholly or partly of members of the committee (whether or not they are members of the Agency) or wholly of persons who are not members of the Agency or the committee.
3
Regulations 3 and 4 apply to the appointment of members of committees and sub-committees appointed under this regulation as they apply to the appointment of members of the Agency.
Arrangements for the exercise of functions
8
Subject to such directions as may be given by the appropriate authority, the Agency may make arrangements for the exercise, on behalf of the Agency, of any of its functions by a committee or sub-committee appointed by virtue of regulation 7 or by an officer of the Agency, in each case subject to such restrictions and conditions as the Agency thinks fit.
Meetings and proceedings
9
1
The meetings and proceedings of the Agency shall be conducted in accordance with the rules set out in Schedule 1 and with Standing Orders made under paragraph (2).
2
Subject to those rules, to regulation 10 (disability on account of pecuniary interest) and to such directions as may be given by the appropriate authority, the Agency shall make, and may vary or revoke, Standing Orders for the regulation of its proceedings and business, including provision for the suspension of the Standing Orders or any of them.
3
Subject to such directions as may be given by the appropriate authority, the Agency may make, vary and revoke Standing Orders relating to the quorum, proceedings and place of meeting of any committee or sub-committee of the Agency; but subject to any such Standing Orders, the quorum, proceedings and place of meeting shall be such as the committee or sub-committee may determine.
Disability of chairman and members in proceedings on account of pecuniary interest
10
1
Subject to the following provisions of this regulation, if the chairman or a member has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter and is present at any meeting of the Agency at which the contract, proposed contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement, disclose his interest and shall not take part in the consideration or discussion of the contract, proposed contract or other matter or vote on any question with respect to it.
2
The appropriate authority may, subject to such conditions as the appropriate authority may think fit to impose, remove any disability imposed by this regulation in any case in which it appears to the appropriate authority in the interests of the health service that the disability should be removed.
3
The Agency may, by Standing Orders made under regulation 9(2), provide for the exclusion of the chairman or a member from a meeting of the Agency while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.
4
Any remuneration, compensation or allowances payable to the chairman or a member by virtue of paragraph 9 of Schedule 5 to the Act (pay and allowances) shall not be treated as a pecuniary interest for the purpose of this regulation.
5
Subject to paragraphs (2) and (6), the chairman or a member shall be treated for the purpose of this regulation as having an indirect pecuniary interest in a contract, proposed contract or other matter if he —
a
or a nominee of his, is a director of a company or other body, not being a public body, with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or
b
is a partner of, or is in the employment of, a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration,
and in the case of two persons living together as a couple (whether married or not) the interest of one shall, if known to the other, be deemed for the purpose of this regulation to be also an interest of the other.
6
Neither the chairman nor a member shall be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only —
a
of his membership of a company or other body if he has no beneficial interest in any securities of that company or other body; or
b
of an interest in any company, body or person with which he is connected as mentioned in paragraph (5) which is so remote or insignificant that it cannot reasonably be regarded as likely to influence him in the consideration or discussion of, or in voting on, any question with respect to that contract, proposed contract or other matter.
7
Where the chairman or a member —
a
has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body; and
b
the total nominal value of those securities does not exceed £5,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, which ever is the lesser; and
c
if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class,
this regulation shall not prohibit him from taking part in the consideration or discussion of the contract, proposed contract or other matter, or from voting on any question with respect to it, without prejudice however to his duty to disclose his interest.
8
This regulation applies to a committee or sub-committee as it applies to the Agency and applies to a member of any such committee or sub-committee (whether or not he is also a member of the Agency) as it applies to a member of the Agency.
9
In this regulation —
“public body” includes —
any body established for the purpose of carrying on, under national ownership, any industry or undertaking or part of any industry or undertaking;
the governing body of any university, university college or college, school or hall of a university; and
the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907 ;
“securities” means —
shares or debentures, whether or not constituting a charge on the assets of a company or other body, or rights or interests in any share or such debentures; or
rights (whether actual or contingent) in respect of money lent to, or deposited with, any industrial or provident society or building society;
“shares” means shares in the share capital of a company or other body or the stock of a company or other body.
Reports by the Agency
11
The Agency shall make reports to the appropriate authority in such manner and at such time as the appropriate authority may direct, and shall furnish to the appropriate authority such information as the appropriate authority may from time to time require.
Publication etc by the Agency of advice and information
12
The Agency may make available to other public authorities or more widely as it thinks fit, and in such manner as it thinks fit —
a
any reports made or information furnished under regulation 11;
b
any other information in its possession (whatever its source), including information obtained in the performance of its functions under article 3 of the Order.
Consequential amendments
13
The Regulations specified in Column 1 of Schedule 2 shall be amended in accordance with Column 2 of that Schedule.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
Daffydd Ellis-Thomas
The Presiding Officer of the National Assembly
4th March 2003
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
5th March 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Student Fees and Support) (Switzerland) Regulations 2003 and shall come into force on 8th January 2004.
2
Subject to paragraph (3) these Regulations apply to England and Wales.
3
Insofar as the amendments made by regulation 2(4) have effect for the purposes of regulations 5, 6, 6A, 6B and 7 of the Education (Fees and Awards) Regulations 1997 they apply to England only.
Amendment of Fees and Awards Regulations
2
1
The Education (Fees and Awards) Regulations 1997 shall be amended as follows.
2
In regulation 2 —
a
in paragraph (1) at the end of the definition of “relevant date” replace “7.” with “7; and”;
b
after that definition insert —
“Switzerland Agreement” means 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.
;
c
in paragraph (4) after “European Economic Area” insert “or Switzerland”; and
d
in paragraph (6) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “ EEA Agreement” insert “, or the Switzerland Agreement”.
3
In regulation 8(2)(c) after “European Economic Area” insert “or Switzerland”.
4
In the Schedule —
a
in paragraph 6 after “EEA migrant worker” insert “and”;
b
in paragraph 6(a) —
i
after “EEA Agreement,” insert “or Article 9(3) of Annex I to the Switzerland Agreement,”, and
ii
replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”;
c
in paragraph 8(1)(a) —
i
after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and
ii
replace “subject of Article 12” with “subject of either of those Articles”; and
d
in paragraph 9(a) and (b) after “European Economic Area” insert “or Switzerland”.
Amendment of Disabled Postgraduate Students Regulations
3
1
The Education (Grants for Disabled Postgraduate Students) Regulations 2000 shall be amended as follows.
2
In regulation 2 —
a
in paragraph (1) at the end of the definition of “Research Council or similar body” replace “(7).” with “(7); and”;
b
after that definition insert —
“Switzerland Agreement” means 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.
;
c
in paragraph (3) after “European Economic Area” insert in both instances “or Switzerland”; and
d
in paragraph (5) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”.
3
In the Schedule —
a
in paragraph 4 after “EEA migrant worker” insert “and”;
b
in paragraph 4(a) —
i
after “EEA Agreement” insert “or Article 9(3) of Annex I to the Switzerland Agreement”, and
ii
replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”;
c
in paragraph 6(1)(a) —
i
after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and
ii
replace “subject of Article 12” with “subject of either of those Articles”; and
d
in paragraph 7(b) and (c) after “European Economic Area” insert “or Switzerland”.
Amendment of Student Support ( No. 2) Regulations
4
1
The Education (Student Support) (No. 2) Regulations 2002 shall be amended as follows.
2
In regulation 2 —
a
in paragraph (1) after the definition of “support” insert —
“Switzerland Agreement” means 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;
;
b
in paragraph (3) after “European Economic Area” insert in both instances “or Switzerland”; and
c
in paragraph (5) after “European Economic Area” insert “or Switzerland” and in sub-paragraph (a) after “EEA Agreement” insert “, or the Switzerland Agreement”.
3
In Schedule 1 —
a
in paragraph 4 after “EEA migrant worker” insert “and”;
b
in paragraph 4(a) —
i
after “EEA Agreement” insert “or Article 9(3) of Annex I to the Switzerland Agreement”, and
ii
replace “subject of Article 7(2) and (3)” with “subject of either of those Articles”;
c
in paragraph 6(1)(a) —
i
after “Council Regulation” insert “or Article 3(6) of Annex I to the Switzerland Agreement”, and
ii
replace “subject of Article 12” with “subject of either of those Articles”; and
d
in paragraph 8(b) and (c) after “European Economic Area” insert “or Switzerland”.
Alan Johnson
Minister of State,
Department for Education and Skills
13th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty and Stamp Duty Land Tax (Consequential Amendment of Enactments) Regulations 2003 and shall come into force on 1st December 2003.
Amendments to the Companies Act 1985
2
1
Section 88 of the Companies Act 1985 (return as to allotments, etc. ) is amended as follows.
2
In subsection (3) omit the words from “stamped” to the end.
3
Omit subsection (4).
4
This regulation has effect in relation to contracts such as are mentioned in section 88(2)(b)(i) of the Companies Act 1985 that are entered into on or after 1st December 2003.
Amendments to the Finance Act 1986
3
The Finance Act 1986 is amended in accordance with regulations 4 and 5.
4
For section 92(1B) (repayment or cancellation of tax) substitute —
1B
The second condition is that the instrument (or each instrument) transferring the chargeable securities to which the agreement relates —
a
so far as those securities are stock or marketable securities within the meaning of section 125 of the Finance Act 2003 (abolition of stamp duty except on instruments relating to stock or marketable securities) —
i
is duly stamped in accordance with the enactments relating to stamp duty, or
ii
is not chargeable with stamp duty or otherwise required to be stamped under those enactments; or
b
so far as those securities are not stock or marketable securities within the meaning of that section, is an instrument that, disregarding that section, would not be chargeable with any ad valorem stamp duty under those enactments.
.
5
1
Section 99 (interpretation: meaning of “chargeable securities”) is amended as follows.
2
For subsection (5) substitute —
5
“Chargeable securities” does not include securities falling within paragraph (a), (b) or (c) of subsection (3) above if —
a
in the case of stock or marketable securities within the meaning of section 125 of the Finance Act 2003 (abolition of stamp duty except on instruments relating to stock or marketable securities), they are securities the transfer of which is exempt from all stamp duties;
b
in any other case, they are securities the transfer of which, disregarding that section, would be exempt from all stamp duties.
5ZA
“Chargeable securities” does not include securities falling within paragraph (b) or (c) of subsection (3) above if the stocks, shares or loan capital to which the securities relate —
a
are stock or marketable securities within the meaning of section 125 of the Finance Act 2003 (abolition of stamp duty except on instruments relating to stock or marketable securities) the transfer of which is exempt from all stamp duties, or
b
are securities the transfer of which, disregarding that section, would be exempt from all stamp duties.
.
3
In subsection (5B)(a) omit the word “and” immediately following sub-paragraph (i) and after that sub-paragraph insert —
ia
it is not an investment on the acquisition of which stamp duty land tax would be chargeable under Part 4 of the Finance Act 2003, and
.
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
10th November 2003


text:
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 5) Order 2003.
2
The following provisions of the Nationality, Immigration and Asylum Act 2002 shall come into force on 30th July 2003:
a
section 129; and
b
sections 134 to 139.
Beverley Hughes
Minister of State
Home Office
14th July 2003


text:
1
This Order may be cited as the Land Registration Act 2002 (Commencement No. 2) Order 2003.
2
The following provisions of the Land Registration Act 2002 shall come into force on 28th April 2003 —
a
section 107 and Schedule 9; and
b
paragraph 28 of Schedule 11 and, so far as it relates to that paragraph, section 133.
Signed by authority of the Lord Chancellor
Scotland of Asthal, QC
Parliamentary Secretary,
Lord Chancellor’s Department
2nd April 2003


text:
Title, commencement and extent
1
These Regulations may be cited as the Contaminants in Food (England) Regulations 2003, shall come into force on 30th June 2003 and shall extend to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“the Commission Regulation” means Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as corrected by a corrigendum published on 30th November 2001 , and as amended by Council Regulation (EC) No 2375/2001 , Commission Regulation (EC) No. 221/2002 , Commission Regulation (EC) No. 257/2002 , Commission Regulation (EC) No. 472/2002 as corrected by a corrigendum published on 23rd March 2002 and Commission Regulation (EC) No. 563/2002 as corrected by a corrigendum published on 14th June 2002 ;
“Directive 85/591/ EEC ” means Council Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption ;
“Directive 93/99/EEC ” means Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs ;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs as amended by Commission Directive 2002/27/EC ;
“Directive 2001/22/EC ” means Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3-MCPD in foodstuffs as corrected by Commission Decision 2001/873/EC ;
“Directive 2002/26/EC ” means Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of the levels of Ochratoxin A in foodstuffs ;
“Directive 2002/69/EC ” means Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin-like PCBs in foodstuffs as corrected by a corrigendum published on 20th September 2002 ;
“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;
“EEA State” means a State which is Contracting Party to the EEA Agreement;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority; and
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act.
2
Other expressions used in these Regulations and in the Commission Regulation have the same meaning as in the Commission Regulation.
Offences and penalties
3
1
Subject to regulations 9 and 10, a person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if —
a
before 1st January 2005 —
i
he places on the market any food (other than authorised spinach or authorised lettuce) which is covered by, but fails to meet the requirements of, Article 1.1, 2.1, 2.2 or 4.1 of the Commission Regulation, as read with Articles 1.2 and 4.3 of that Regulation, or
ii
he contravenes Article 2.3, 4.2 or 4a of the Commission Regulation;
b
on or after 1st January 2005 —
i
he places on the market any food (other than authorised spinach) which is covered by, but fails to meet the requirements of, Article 1.1, 2.1, 2.2 or 4.1 of the Commission Regulation, as read with Articles 1.2 and 4.3 of that Regulation, or
ii
he contravenes Article 2.3, 4.2 or 4a of the Commission Regulation; or
c
he knowingly contravenes or fails to comply with the requirements of a notice given under section 9(2)(a) of the Act as applied for the purposes of these Regulations by regulation 7(2).
2
For the purposes of this regulation —
a
“authorised spinach” means spinach of the kind specified in point 1.1 of section 1 of Annex I to the Commission Regulation, which is grown in the United Kingdom in accordance with the proviso to Article 3.1 of that Regulation and is intended for human consumption there; and
b
“authorised lettuce” means lettuce of the kind specified in point 1.3 or in point 1.4 of section 1 of Annex I to the Commission Regulation, which is grown in the United Kingdom in accordance with the proviso to Article 3.1 of that Regulation and is intended for human consumption there.
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
Modification of section 29 of the Food Safety Act 1990 (procurement of samples) and analysis of samples
5
1
In its application to the taking of a sample of any food specified in sections 1 to 5 of Annex I to the Commission Regulation, section 29 of the Act shall be modified so as to require the power to take samples under subsection (b) and (d) of that section to be exercised in accordance with the methods of taking samples described or referred to —
a
subject to the requirement specified in paragraph (2), in the Annex to Commission Directive 2002/63/EC establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EC , where the food concerned is of a description specified in Section 1 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
b
in Annex I to Directive 98/53/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
c
in Annex I to Directive 2002/26/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
d
in Annex I to Directive 2001/22/EC , where the food concerned is of a description specified in Section 3 or 4 of Annex 1 to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation; and
e
in Annex I to Directive 2002/69/EC , where the food concerned is of a description specified in Section 5 of Annex 1 to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation.
2
The requirement is that, in the case of lettuce of the kind specified in point 1.3 or 1.4 of Section 1 of Annex I to the Commission Regulation, the minimum number of units required for each laboratory sample shall be ten.
3
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of any food of a description to which sub-paragraph (b) of that paragraph applies, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC , and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
so far as practicable, comply with paragraphs 1 and 2 of the Annex to Directive 85/591/EEC , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes to that paragraph;
c
any analysis is carried out by a laboratory which complies with Directive 93/99/EEC ; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
4
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of a description to which sub-paragraph (c) of that paragraph applies, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 to 3 of Annex II to Directive 2002/26/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
comply with paragraphs 1 and 2 of the Annex to Council Directive 85/591/EEC , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 2002/26/EC as read with the notes to that paragraph;
c
any analysis is carried out by a laboratory which complies with Directive 93/99/EEC ; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2002/26/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
5
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of a description to which sub-paragraph (d) of that paragraph applies, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 and 2 of Annex II to Directive 2001/22/EC , as read, in the case of paragraph 2, with the note to that paragraph;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
so far as practicable, comply with paragraphs 1 and 2 of the Annex to Directive 85/591/EEC ,
ii
in the case of analysis for lead (other than in wine), mercury or cadmium, meet the criteria specified in paragraph 3.3.1 of Annex II to Directive 2001/22/EC ,
iii
in the case of analysis for lead in wine, comply with the second sub-paragraph of paragraph 3.2 of that Annex, and
iv
in the case of analysis for 3-MCPD, meet the criteria specified in paragraph 3.3.2 of that Annex as read with the note to that paragraph;
c
any analysis of the sample is carried out by a laboratory which complies with Directive 93/99/EEC ;
d
any analysis of the sample is carried out in such a way as to comply with the first and second sub-paragraphs of paragraph 3.4 of Annex II to Directive 2001/22/EC as read in the case of the second sub-paragraph with the note to that sub-paragraph; and
e
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 3.1 of Annex II to Directive 2001/22/EC as read with the note to that paragraph, and
ii
is in accordance with the third sub-paragraph of paragraph 3.4 and with paragraph 3.6 of that Annex.
6
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of a description to which sub-paragraph (e) of that paragraph applies, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraph 3 of Annex II to Directive 2002/69/EC , as read with paragraphs 1 and 2 of that Annex;
b
any analysis of the sample is carried out —
i
in accordance with methods of analysis which meet the criteria specified in paragraphs 5, 6 and 7 of Annex II to Directive 2002/69/EC , as read with paragraphs 1 and 2 of that Annex, and
ii
by a laboratory which complies with the requirements of paragraph 4 of Annex II to Directive 2002/69/EC ; and
c
the reporting of the results of the analysis of that sample is in accordance with paragraph 8 of Annex II to Directive 2002/69/EC .
Defence in relation to exports
6
In any proceedings for an offence consisting of a contravention of regulation 3 it shall be a defence for the accused to prove that —
a
the food in respect of which the offence is alleged to have been committed was intended for export to a country (other than an EEA State) which has legislation analogous to these Regulations, and that the food complies with that legislation; or
b
that food was intended for export to an EEA State which has legislation which complies with the provisions of the Commission Regulation.
Application of various sections of the Food Safety Act 1990
7
1
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 3 (presumption that food is intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence), as it applies for the purposes of section 8, 14 or 15;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
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 section 33(1)(b) as applied by sub-paragraph (e);
g
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub-paragraph (e);
h
section 35(2) and (3), insofar as it relates to offences under section 33(2) as applied by sub-paragraph (f);
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority or a port health authority may at all reasonable times inspect any food intended for human consumption which —
a
has been placed on the market; or
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing it on the market,
and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food contravenes regulation 3(1)(a)(i) or (b)(i) of the Contaminants in Food (England) Regulations 2003.
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is to be removed to a place at which there are facilities to carry out the sampling required by Directive 98/53/EC , Directive 2001/22/EC , Directive 2002/26/EC or Directive 2002/69/EC , as appropriate; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by subsection (2)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with the requirements of regulation 3(1)(a)(i) or (b)(i) of the above Regulations, as appropriate and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3(1)(a)(i) or (b)(i) of the above Regulations might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(1)(a)(i) or (b)(i) of the above Regulations in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with the requirements of regulation 3(1)(a)(i) or (b)(i) of the above Regulations he shall condemn the food and order —
a
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
6
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority or, as the case may be, port health authority, shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above shall be determined by arbitration.
8
Any person who knowingly contravenes the requirements of a notice under paragraph (a) of subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
3
The expressions “authorised officer”, “food authority”, “port health authority”, “human consumption”, “placing on the market”, “authorised spinach”, “authorised lettuce”, “Directive 98/53/EC ”, “Directive 2001/22/EC ”, “Directive 2002/26/EC ” and “Directive 2002/69/EC ”, which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Re-dispatch or destruction of food imported into England that does not comply with these Regulations
8
1
If it appears to an authorised officer of a port health authority or as the case may be food authority that any food contravenes regulation 3(1)(a)(i) or (b)(i) and has been imported into England, he may, after appropriate consultation with a person appearing to him to be the importer, serve on that person a notice requiring —
a
the re-dispatch of the food to a country outside the European Economic Area within such reasonable period as shall be specified in the notice; or
b
(where such re-dispatch would in his opinion involve serious risk to human health) the destruction of the food within such reasonable period as shall be so specified.
2
In any case where such an appeal as is mentioned in paragraph (3) may be brought the notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall be determine whether or not the notice was lawfully served.
4
The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
5
The procedure on an appeal to a magistrates' court under paragraph (3) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
6
If the court allows an appeal brought under paragraph (3) the authority concerned shall compensate the owner of the food concerned for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
Any person who breaches the terms of a notice served under paragraph (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months.
Transitional provisions
9
Regulation 3(1)(a)(i) and (b)(i) shall not apply in relation to any food lawfully placed on the market in the European Economic Area before 5th April 2002 which is covered by, but fails to meet the requirements of, Article 1.1, 2.1 or 2.2 of the Commission Regulation, as read with Article 1.2 of that Regulation, to the extent that the failure consists in the food being placed on the market containing a contaminant specified in section 3 or 4 of Annex I to that Regulation at a level higher than that specified in the second column of the section concerned.
10
Regulation 3(1)(a)(ii) and (b)(ii) shall not apply in relation to any contravention of Article 2.3 of the Commission Regulation, to the extent that the contravention consists in the use as a food ingredient, for the production of a compound foodstuff, of food lawfully placed on the market in the European Economic Area before 5th April 2002 and containing a contaminant specified in section 3 or 4 of Annex I to that Regulation at a level higher than that specified in the second column of the section concerned.
Consequential amendments
11
In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990 so far as they extend to England (provisions to which those Regulations do not apply) for the entry relating to the Contaminants in Food (England) Regulations 2002 there shall be substituted the following entry —
The Contaminants in Food (England) Regulations 2003 (to the extent that a sample falls to be prepared and analysed in accordance with regulation 5 thereof) S.I. 2003/1478
.
Revocation of the Contaminants in Food (England) Regulations 2002 and the Contaminants in Food (England) (Amendment) Regulations 2002
12
The Contaminants in Food (England) Regulations 2002 and the Contaminants in Food (England) (Amendment) Regulations 2002 shall be revoked.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
5th June 2003


text:
Title, commencement and extent
1
These Regulations may be cited as the Sweeteners in Food (Amendment) (England) Regulations 2003, shall come into force on 27th May 2003 and shall extend to England only.
Amendments to the Sweeteners in Food Regulations 1995
2
1
The Sweeteners in Food Regulations 1995 shall be amended, in so far as they extend to England, in accordance with the following paragraphs of this regulation.
2
In paragraph (1) of regulation 2 (interpretation) for the definition of “permitted sweetener” there is substituted the following definition —
“permitted sweetener” means the sweetener salt of aspartame–acesulfame so far as it satisfies the purity criteria for it set out at pages 19 to 21 of the Food and Agriculture Organisation’s Compendium of Food Additives Specifications Addendum 8 (2000) FAO Food and Nutrition Paper 52 Addendum 8 and any sweetener specified in Column 2 of Schedule 1 which satisfies the specific purity criteria for that sweetener set out —
in the case of sucralose, at pages 119 to 124 of the Food and Agriculture Organisation’s Compendium of Food Additives Specifications Addendum 2 (1993) FAO Food and Nutrition Paper 52 Addendum 2; and
in the case of any sweetener other than sucralose, in the Annex to Directive 95/31/EC ;
.
3
The following sub-paragraph is substituted for sub-paragraph (c) of regulation 2(3) —
c
in column 4, the maximum usable dose indicated in relation to a food is —
i
in the case of all permitted sweeteners except cyclamic acid and its Na and Ca salts, saccharin and its Na, K and Ca salts and salt of aspartame–acesulfame, the maximum amount, in milligrams, of permitted sweetener per kilogram or, as the case may be, per litre of that food which is ready to eat having been prepared according to any instructions for use, and
ii
in the case of cyclamic acid and its Na and Ca salts and saccharin and its Na, K and Ca salts, the maximum amount of free acid contained in the cyclamic acid and its Na and Ca salts or, as the case may be, saccharin and its Na, K and Ca salts present in that food which is ready to eat having been prepared according to any instructions for use, measured in milligrams per kilogram or, as the case may be, per litre of the food.
.
4
In paragraph (3) of regulation 3 (sale and use of sweeteners) the phrase “paragraphs (4) and (5)” is substituted for the phrase “paragraph (4)”.
5
The following paragraph is inserted immediately after paragraph (4) of regulation 3 —
5
The prohibition on using aspartame and acesulfame K in or on any food which is imposed by virtue of paragraph (3) above shall apply equally in relation to the use of salt of aspartame–acesulfame in or on that food.
.
Consequential amendments
3
1
Paragraph (2) of regulation 4 (consequential amendments) of the Sweeteners in Food (Amendment) (England) Regulations 2002 shall cease to have effect.
2
In the provisions specified in paragraph (3), insofar as they extend to England, references to the Sweeteners in Food Regulations 1995 shall be construed as references to those Regulations as amended up to and including the amendments effected by these Regulations.
3
The provisions are —
a
the definition of “permitted sweetener” in paragraph (1) of regulation 2 (interpretation) of the Jam and Similar Products Regulations 1981 ;
b
the definition of “additive” in paragraph (1) of regulation 2 (interpretation) of the Meat Products and Spreadable Fish Products Regulations 1984 ;
c
the definition of “sweetener” in Part II of Schedule 1 (categories of food additives) to the Food Additives Labelling Regulations 1992 ;
d
the definition of “sweetener” in paragraph (1) of regulation 2 (interpretation) of the Miscellaneous Food Additives Regulations 1995 ; and
e
in the Food Labelling Regulations 1996 —
i
paragraph (1) of regulation 34 (foods containing sweeteners, added sugar and sweeteners, aspartame or polyols), and
ii
in Schedule 8 (misleading descriptions) Part I (general), the condition in column 2 opposite the description “ice cream” in column 1.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
29th April 2003


text:
Citation, commencement and application
1
—
1
This Order may be cited as the Council Tax and Non-Domestic Rating (Electronic Communications) (England) Order 2003 and shall come into force on 5th November 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 .
Amendment of the Council Tax (Administration and Enforcement) Regulations 1992
2
The Council Tax (Administration and Enforcement) Regulations 1992 are amended in accordance with articles 3 and 4 below.
3
—
1
Regulation 1 (citation, commencement and interpretation) is amended as follows.
2
In paragraph (2) after the definition of “the Act” insert —
“address” in relation to electronic communications, includes any number or address used for the purposes of such communications;
“business day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of a telecommunications system (within the meaning of the Telecommunications Act 1984); or
by other means but while in electronic form;
.
3
In paragraph (2) in the definition of “demand notice regulations” after the words “as is mentioned in paragraph 2(4)(e)” insert “or 2(4)(j)”.
4
—
1
Regulation 2 (service of notices) is amended as follows.
2
After paragraph (3) add the following paragraphs —
4
Without prejudice to section 233 of the Local Government Act 1972 and paragraphs (1), (2) and (3) above and subject to paragraphs (5) to (8) below, any notice required or authorised to be given to or served by a billing authority on any person by a provision of Part II, III or V of these Regulations, or any information required by the demand notice regulations to be supplied to any person when a demand notice (within the meaning of Part V of these Regulations) is served:
a
may be so given, served or supplied by sending the notice or information to that person by electronic communication to such address as may be notified by that person for that purpose; or
b
shall be treated as given, served or supplied to that person where —
i
the billing authority and that person have agreed for that purpose that any document containing that notice or information may be accessed by that person on a website;
ii
the document is a document to which that agreement applies;
iii
the billing authority has published the document on a website; and
iv
that person is notified, in a manner for the time being agreed for that purpose between him and the billing authority, of —
aa
the publication of the document on a website;
bb
the address of that website; and
cc
the place on the website where the document may be accessed.
5
For the purpose of any legal proceedings, a notice given by a means described in paragraph (4), shall, unless the contrary is proved, be treated as served on the second business day after —
a
it was sent in accordance with sub-paragraph (a); or
b
notification of its publication was given in accordance with sub-paragraph (b)(iv).
6
A person who has notified an address for the purpose of paragraph (4)(a) shall, by notice in writing to the billing authority, advise the billing authority of any change in that address; and the change shall take effect on the third business day after the date on which the notice is received by the billing authority.
7
A person who has notified an address for the purpose of paragraph (4)(a) may, by notice in writing to the billing authority, withdraw that notification; and the withdrawal shall take effect on the third business day after the date on which the notice is received by the billing authority.
8
A person who has entered into an agreement with the billing authority under paragraph (4)(b)(i) may, by notice in writing to the billing authority, inform the authority that he no longer wishes to be party to the agreement; and where such notice is given, the agreement shall be treated as revoked on the third business day after the date on which the notice is received by the billing authority.
.
Amendment of the Non-Domestic Rating (Collection and Enforcement)(Local Lists) Regulations 1989
5
The Non-Domestic Rating (Collection and Enforcement)(Local Lists) Regulations 1989 are amended in accordance with articles 6 and 7 below.
6
In regulation 1 (citation, commencement and interpretation) insert in paragraph (2) —
a
after the words “In these Regulations” —
—
;
b
after the definition of “the Act” —
“address” in relation to electronic communications, includes any number or address used for the purposes of such communications;
“business day” means any day except a Saturday or Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales;
“demand notice regulations” means the Council Tax and Non-Domestic Rating (Demand Notices)(England) Regulations 1993;
“electronic communication” means a communication transmitted (whether from one person to another, from one device to another or from a person to a device or vice versa) —
by means of a telecommunications system (within the meaning of the Telecommunications Act 1984); or
by other means but while in electronic form;
.
7
—
1
Regulation 2 (service of notices) is amended as follows.
2
After paragraph (2) add the following paragraphs —
3
Without prejudice to section 233 of the Local Government Act 1972 and paragraphs (1) and (2) above and subject to paragraphs (4) to (7) below, any notice required or authorised to be given to or served by a billing authority on any person by a provision of Part II of these Regulations, or any information required by the demand notice regulations to be supplied to any person when a demand notice (within the meaning of Part II of these Regulations) is served:
a
may be so given, served or supplied by sending the notice or information to that person by electronic communication to such address as may be notified by that person for that purpose; or
b
shall be treated as given, served or supplied to that person where —
i
the billing authority and that person have agreed for that purpose that any documents containing the notice or information may be accessed by that person on a website;
ii
the document is a document to which that agreement applies;
iii
the billing authority has published the document on a website; and
iv
that person is notified, in a manner for the time being agreed for those purposes between him and the billing authority, of —
aa
the publication of the document on a website;
bb
the address of that website; and
cc
the place on the website where the document may be accessed.
4
For the purpose of any legal proceedings, a notice given by a means described in paragraph (3) shall, unless the contrary is proved, be treated as served on the second business day after —
a
it was sent in accordance with paragraph (3)(a); or
b
notification of its publication was given in accordance with paragraph (3)(b)(iv).
5
A person who has notified an address for the purpose of paragraph (3)(a) shall, by notice in writing to the billing authority, advise the billing authority of any change in that address; and the change shall take effect on the third business day after the date on which the notice is received by the billing authority.
6
A person who has notified an address for the purpose of paragraph (3)(a) may, by notice in writing to the billing authority, withdraw that notification; and the withdrawal shall take effect on the third business day after the date on which the notice is received by the billing authority.
7
A person who has entered into an agreement with the billing authority under paragraph (3)(b)(i) may, by notice in writing to the billing authority, inform the authority that he no longer wishes to be a party to the agreement; and where such notice is given, the agreement shall be treated as revoked on the third business day after the date on which the notice is received by the billing authority.
.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
6th October 2003


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) (Amendment) Regulations 2003 and shall come into force on 8th July 2003.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Functions of Strategic Health Authorities and Primary Care Trusts and Administration Arrangements) (England) Regulations 2002 .
3
These Regulations apply only in relation to Strategic Health Authorities and Primary Care Trusts established for areas in England.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation), in paragraph (1), in the appropriate alphabetical position, there shall be inserted —
“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison;
,
“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 may be detained and given training and education and prepared for their release;
,
“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life;
.
Amendment of regulation 3 of the principal Regulations
3
1
Regulation 3 of the principal Regulations (functions of the Secretary of State exercisable by Strategic Health Authorities and Primary Care Trusts) shall be amended as follows.
2
In paragraph (7)(a) —
a
in head (i), after “practice patients” there shall be inserted “(other than any such patients who are detained in a prison in England)”; and
b
for head (ii) there shall be substituted —
ii
persons usually resident in its area, or resident outside the United Kingdom who are present in its area, and who do not fall under the responsibility of another Primary Care Trust under head (i) above
.
3
In paragraph (8), after “class of case”, there shall be inserted “and to paragraph (8A)”.
4
After paragraph (8), there shall be inserted —
8A
Subject to paragraph (8B), a person who is detained in a prison in England, shall, for the period of that detention, be treated as usually resident at the address of the prison in which he is detained.
8B
Paragraph (8A) shall not apply in relation to the commissioning of psychiatric hospital care for the purposes of the removal of a person detained in prison to a hospital under sections 47 or 48 of the Mental Health Act 1983 .
.
Amendment of regulation 9 of the principal Regulations
4
1
Regulation 9 of the principal Regulations (arrangements by Strategic Health Authorities for exercise of functions) shall be amended as follows.
2
In paragraph (1) —
a
sub-paragraph (b) shall be omitted; and
b
in sub-paragraph (d)(iii) for “other Health Authorities” there shall be substituted “Local Health Boards”.
3
In paragraphs (3), (4) and (5), for “Health Authorities”, in each place where it occurs, other than in the expressions “Strategic Health Authorities” or “Special Health Authorities”, there shall be substituted “Local Health Boards”.
4
In paragraph (6) —
a
for “article 18 of” there shall be substituted “articles 42 or 43 of or paragraph 18 of Schedule 2 to”;
b
in sub-paragraph (a) “or Health Authority” shall be omitted; and
c
in sub-paragraphs (b) and (c) “or Health Authorities” shall be omitted.
Amendment of regulation 10 of the principal Regulations
5
In regulation 10 of the principal Regulations (arrangements by Primary Care Trusts for exercise of functions) in paragraphs (1)(c)(ii), (4), (5) and (6), for “Health Authorities”, in each place where it occurs, other than in the expressions “Strategic Health Authorities” or “Special Health Authorities”, there shall be substituted “Local Health Boards”.
Amendment of regulation 11 of the principal Regulations
6
In regulation 11 of the principal Regulations (arrangements with health service bodies in Wales) —
a
for “Health Authority or Health Authorities”, in each place where it occurs, there shall be substituted “Local Health Board or Local Health Boards” and
b
in paragraphs (1)(c), 2(b) or (3) for “Health Authority”, in each place where it occurs, other than in the expression “Strategic Health Authority”, there shall be substituted “Local Health Board”.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
9th June 2003


text:
1
This Order may be cited as the Teacher Training Agency (Additional Functions) (No. 2) (Amendment) Order 2003 and shall come into force on 1st September 2003.
2
The Teacher Training Agency (Additional Functions) (No. 2) (Amendment) Order 2002 is hereby revoked.
3
The Teacher Training Agency (Additional Functions) (No. 2) Order 2000 is amended as follows.
4
In the definition of “graduate teacher” in article 2(1), substitute the following sub-paragraph for sub-paragraph (b) —
b
participates in an employment-based teacher training scheme referred to in paragraph 10 of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003 or undertakes teacher training as if for the purposes of that paragraph by virtue of paragraph 5 or 6 of Schedule 1 to those Regulations; and
;
and omit sub-paragraph (c).
5
In article 4 —
a
omit “and” at the end of paragraph (c); and
b
at the end of paragraph (d) insert “; and” and the following paragraph —
e
an independent school in respect of which proposals under section 28 of the School Standards and Framework Act 1998 have been published, have been approved under paragraph 3 of Schedule 6 to that Act and are required to be implemented by virtue of paragraph 5(1) of that Schedule.
.
Stephen Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
5th August 2003


text:
Citation, Application and Commencement
1
These Regulations, which apply to England only, may be cited as the Revenue Support Grant (Specified Bodies) (Amendment) (England) Regulations 2003 and shall come into force on 31st January 2003.
Amendment of Regulations
2
In paragraph (h) of regulation 3 (specified bodies) of the Revenue Support (Specified Bodies) Regulations 1992 for the words “Co-ordinating Body on Food and Trading Standards” there is substituted “Co-ordinators of Regulatory Services”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
6th January 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Winter Fuel Payment (Amendment) (No.2) Regulations 2003 and shall come into force on 3rd September 2003.
Amendment of regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000
2
For paragraph (2)(b) of regulation 2 of the Social Fund Winter Fuel Payment Regulations 2000 (social fund winter fuel payments) substitute —
b
in paragraph (1)(ii), for the sum of £100 there shall be substituted the sum of £200, except that —
i
where he is in that week living with a person to whom a payment under these Regulations has been, or falls to be, made in respect of the winter following that week who has also attained the age of 80 in or before that week, or
ii
where he is in residential care,
there shall be substituted the sum of £150.
.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
26th August 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Working Tax Credit and Child Tax Credit) (Consequential Amendments) Regulations 2003 and this regulation shall come into force on 1st April 2003.
2
Subject to paragraph (5), in a case where a claimant for income support–
a
has a child or young person who is a member of his family for the purposes of his claim for income support, and
b
is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,
regulation 7 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
3
Subject to paragraph (5), in a case where a claimant for income support–
a
has a child or young person who is a member of his family for the purposes of his claim for income support, and
b
has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,
regulations 2 and 7 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.
4
Subject to paragraph (5), in a case where paragraph (2)(a) or (3)(a) does not apply to a claimant for income support, regulation 2 and Schedule 1 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
5
The provisions in–
a
paragraphs 10(b) and (c), 20(b), 23(a) and 24(a) of Schedule 1 and regulation 2 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for income support from the first day of the first benefit week to commence for the claimant on or after 7th April 2003;
b
paragraph 19 of Schedule 1 and regulation 2 insofar as it relates to that paragraph shall come into force on 7th April 2003.
6
Subject to paragraph (9), in a case where a claimant for a jobseeker’s allowance–
a
has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and
b
is awarded, or his partner is awarded, a child tax credit for a period beginning before 6th April 2004,
regulation 8 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day from which that award of child tax credit begins and regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
7
Subject to paragraph (9), in a case where a claimant for a jobseeker’s allowance–
a
has a child or young person who is a member of his family for the purposes of his claim for jobseeker’s allowance, and
b
has not been awarded, or his partner has not been awarded, a child tax credit for a period beginning before 6th April 2004,
regulations 3 and 8 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after the day on which his, or his partner's, award of child tax credit begins.
8
Subject to paragraph (9), in a case where paragraph (6)(a) or (7)(a) does not apply to a claimant for jobseeker’s allowance, regulation 3 and Schedule 2 shall have effect from the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
9
Paragraphs 10(b), 20(b) and (e), 23(a) and 24(a) of Schedule 2 and regulation 3 insofar as it relates to those paragraphs shall have effect in relation to any particular claimant for jobseeker’s allowance from the first day of the first benefit week to commence for the claimant on or after 7th April 2003.
10
The provisions in –
a
paragraph 6 of Schedule 4 and regulation 6 insofar as it relates to that paragraph shall come into force on 1st April 2003 immediately before the coming into force of paragraph 5 of Schedule 3 and paragraph 5 of Schedule 4 to the Income-related Benefits and Jobseeker’s Allowance (Working Tax Credit and Child Tax Credit)(Amendment) Regulations 2002 ;
b
paragraph 5 of Schedule 4 and regulation 6 insofar as it relates to that paragraph shall come into force on 1st April 2003, and
c
the remaining paragraphs of Schedule 4 and regulation 6 insofar as it relates to those paragraphs and regulations 4 and 5 and Schedule 3 shall come into force on 7th April 2003.
11
In paragraphs (2) to (5) and regulation 7, the expressions “benefit week”, “claimant” and “partner” have the same meaning as in regulation 2(1) of the Income Support Regulations and in paragraphs (6) to (9) and regulation 8, the expressions “benefit week” and “partner” have the same meaning as in regulation 1(3) of the Jobseeker’s Allowance Regulations .
12
In these Regulations–
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;
“the Income Support Regulations” means the Income Support (General) Regulations 1987 ; and
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations 1996 .
Amendment of the Income Support Regulations
2
The Income Support Regulations shall be amended in accordance with Schedule 1 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Jobseeker’s Allowance Regulations
3
The Jobseeker’s Allowance Regulations shall be amended in accordance with Schedule 2 and references in that Schedule to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Housing Benefit Regulations
4
The Housing Benefit Regulations shall be amended in accordance with Part I of Schedule 3 and references in that Part to regulations and Schedules are to regulations of and Schedules to those Regulations.
Amendment of the Council Tax Benefit Regulations
5
The Council Tax Benefit Regulations shall be amended in accordance with Part II of Schedule 3 and references in that Part to regulations and Schedules are to regulations of and Schedules to those Regulations.
Other miscellaneous consequential amendments
6
The consequential amendments to the regulations specified in Schedule 4 shall have effect.
Income Support – transitional arrangements
7
1
In the case of a claimant for income support who makes a claim, or whose partner makes a claim, for a child tax credit, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child tax credit to which he, or his partner, is entitled for the period specified in paragraph (3).
2
In a case where a claimant for income support–
a
has a child or young person who is a member of his family for the purposes of his claim for income support; and
b
is, or has a partner who is, aged not less than 60,
the Secretary of State shall, in the first benefit week in which his, or his partner's, award of child tax credit begins during the period specified in paragraph (3), disregard from his income an amount equivalent to the amount of child tax credit to which he is entitled.
3
For the purposes of paragraphs (1) and (2), the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003, or the date the award of child tax credit begins if later, and ends on the day before the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
4
In the case of a claimant for income support who applies for an applicable amount under regulation 17 or 18 of the Income Support Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (5).
5
For the purposes of paragraph (4), the specified period begins on the first day of the first benefit week to commence for that claimant on or after the date from which his claim includes that applicable amount and ends on–
a
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;
b
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day that award of child tax credit begins; or
c
the first day of the first benefit week in which his applicable amount in respect of that child or young person ends, if earlier.
6
In the case of a claimant for income support who is entitled, or whose partner is entitled, to child benefit in respect of a child under the age of one year, for the purposes of his claim for income support, the Secretary of State shall disregard from that claimant’s income the sum of £10.45 in respect of one child only for the period specified in paragraph (7).
7
For the purposes of paragraph (6), the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003 and ends on–
a
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;
b
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day that award of child tax credit begins; or
c
the first day of the first benefit week in which the award of child benefit in respect of that child ends, if earlier.
Jobseeker’s allowance – transitional arrangements
8
1
In the case of a claimant for jobseeker’s allowance who makes a claim, or whose partner makes a claim, for a child tax credit, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child tax credit to which he, or his partner, is entitled for the period specified in paragraph (2).
2
For the purposes of paragraph (1) the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003, or the date that award of child tax credit begins if later, and ends on the day before the first day of the first benefit week to commence for that claimant on or after 6th April 2004.
3
In the case of a claimant for jobseeker’s allowance who applies for an applicable amount under regulation 83 or 84 of the Jobseeker’s Allowance Regulations on or after 7th April 2003 in respect of a child or young person who is a member of his family, the Secretary of State shall treat that claimant’s income as including an amount equivalent to the amount of child benefit to which he, or his partner, is entitled in respect of that child or young person for the period specified in paragraph (4).
4
For the purposes of paragraph (3), the specified period begins on the first day of the first benefit week to commence for that claimant on or after the date from which his claim includes that applicable amount and ends on–
a
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;
b
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day on which that award of child tax credit begins; or
c
the first day of the first benefit week in which his applicable amount in respect of that child or young person ends, if earlier.
5
In the case of a claimant for jobseeker’s allowance who is entitled, or whose partner is entitled, to child benefit in respect of a child under the age of one year, for the purposes of his claim for jobseeker’s allowance, the Secretary of State shall disregard from that claimant’s income the sum of £10.45 in respect of one child only for the period specified in paragraph (6).
6
For the purposes of paragraph (5), the specified period begins on the first day of the first benefit week to commence for that claimant on or after 7th April 2003 and ends on–
a
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning before 6th April 2004, the first day of the first benefit week to commence for that claimant on or after 6th April 2004;
b
in a case where the claimant, or his partner, is awarded child tax credit for a period beginning on or after 6th April 2004 the first day of the first benefit week to commence for that claimant on or after the day on which that award of child tax credit begins; or
c
the first day of the first benefit week in which the award of child benefit in respect of that child ends, if earlier.
Signed by authority of the Secretary of State for Work and Pensions.
P.Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
27th February 2002


text:
Citation and commencement
1
This Order may be cited as the Croydon Tramlink (Penalty Fares) Order 2003 and shall come into force on 15th July 2003.
Application of Schedule 17 to the Greater London Authority Act 1999 to Tramlink services
2
1
Schedule 17 to the Greater London Authority Act 1999 (penalty fares) shall apply to services for the carriage of passengers by tram on Tramlink, but with the modifications in Schedule 1 to this Order.
2
Those modifications shall have effect as if they were modifications specified in an order made under paragraph 9(2) of Schedule 17 to the Greater London Authority Act 1999 .
3
In this article —
a
“tram” means any locomotive or other vehicle which is carried on flanged wheels and is constructed or adapted to travel on Tramlink and includes a vehicle used in the provision of a service for the carriage of passengers by road in place of a service by tram which has been temporarily interrupted or suspended; and
b
“Tramlink” has the meaning given by section 2(1) of the Croydon Tramlink Act 1994 .
Repeal and revocation
3
In consequence of the provision made by article 2 —
a
the Croydon Tramlink (Penalty Fares) Order 2000 shall be revoked; and
b
section 45 of the Croydon Tramlink Act 1994 shall be repealed.
Schedule 17 as modified
4
The text of Schedule 17 to the Greater London Authority Act 1999, as applied with modifications by this Order, is set out in Schedule 2 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
20th June 2003


text:
1
1
This Order may be cited as the Extradition (Safety of Maritime Navigation) (Amendment) Order 2003 and shall come into force on 22nd May 2003.
2
In this Order “the 1997 Order ” means the Extradition (Safety of Maritime Navigation) Order 1997 .
2
1
Part I of Schedule 2 to the 1997 Order (foreign States which are parties to the Convention and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force) and Part II of Schedule 2 to the 1997 Order (foreign States which are parties to the Protocol and in relation to which Orders in Council under section 2 of the Extradition Act 1870 are in force) are amended as follows.
2
The entry in respect of Romania is omitted.
3
There is inserted, at the appropriate place in alphabetical order, the following entries: —
“Bolivia 22 February 1892 1898/1065”; “Cuba 3 October 1904 1905/558”; “El Salvador 23 June 1881 16 December 1882”; “Monaco 17 December 1891 8 May 1892”; “Panama 25 August 1906 1907/648”; “Peru 26 January 1904 1907/383”; “Uruguay 26 March 1884 5 March 1885”.
3
1
Part IA of Schedule 3 to the 1997 Order (foreign States which are parties to the Convention and with which no extradition treaties are in force) is amended as follows.
2
The entry in respect of Ukraine is omitted.
3
There is inserted, at the appropriate place in alphabetical order, the following entries: —
“Algeria”;
“Belarus”;
“Cape Verde”;
“Gambia”;
“Japan”;
“Libyan Arab Jamahiriya”;
“Mali”;
“Micronesia, Federated States of”;
“Morocco”;
“Palau”;
“Sudan”;
“Tunisia”;
“Turkmenistan”;
“Uzbekistan”;
“Vietnam”;
“Yemen”.
4
1
Part IB of Schedule 3 to the 1997 Order (foreign States which are parties to the Protocol and with which no extradition treaties are in force) is amended as follows.
2
The entry in respect of Ukraine is omitted.
3
There is inserted, at the appropriate place in alphabetical order, the following entries: —
“Belarus”;
“Cape Verde”;
“Gambia”;
“Japan”;
“Libyan Arab Jamahiriya”;
“Mali”;
“Morocco”;
“Palau”;
“Sudan”;
“Tunisia”;
“Turkmenistan”;
“Uzbekistan”;
“Vietnam”;
“Yemen”.
A. K. Galloway
Clerk of the Privy Council