text:
Title, application and commencement
1
These Regulations may be cited as the Honey (England) Regulations 2003, apply to England only and come into force on 25th September 2003.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“ the Agency ” means the Food Standards Agency;
“brood” means any immature stage of the honeybee including the egg, larva and pupa and any honeybee which has not emerged from its cell in a honeycomb;
“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 2001/110 ” means Council Directive 2001/110/EC relating to honey ;
“ 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 a Contracting Party to the EEA Agreement;
“food authority” does not include —
the council of a district in a non-metropolitan county in England except where the county functions have been transferred to that council pursuant to a structural change; or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple);
“honey” means the natural sweet substance produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant-sucking insects on the living parts of plants which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature;
“ingredient” has the meaning assigned to it by the 1996 Regulations ;
“labelling” has the meaning assigned to it by the 1996 Regulations;
“preparation” includes manufacture and any form of processing or treatment; and
“the 1996 Regulations” means the Food Labelling Regulations 1996 ;
“reserved description”, as regards any specified honey product means any description specified in relation to that product in column 1 of Schedule 1 (as read with the Notes relating to that Schedule);
“sell” includes offer or expose for sale and includes have in possession for sale, and “sale” shall be construed accordingly;
“specified honey product”, subject to paragraph (2) means any food specified in column 2 of Schedule 1;
“ultimate consumer” means any person who buys food otherwise than —
for the purpose of resale,
for the purposes of a catering establishment, or
for the purposes of a manufacturing business.
2
Notwithstanding the fact that a food is specified in Column 2 of Schedule 1, it will only be treated as a specified honey product for the purpose of these Regulations —
i
if it meets the relevant specifications contained in Schedule 2 as read with the notes relating to that Schedule, and
ii
there has not been added to it any other ingredient and it is as far as possible free from organic or inorganic matters foreign to its composition.
3
Any other expression used in both these Regulations and in Directive 2001/110 has the same meaning in these Regulations as in that Directive.
Reserved descriptions
3
No person shall sell to the ultimate consumer or to a catering establishment any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless —
a
such food is the specified honey product to which the reserved description relates;
b
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food;
c
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a specified honey product.
Labelling and description of specified honey products
4
1
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell to the ultimate consumer or to a catering establishment any specified honey product unless it is marked or labelled with the following particulars —
a
a reserved description of the product;
b
in the case of baker’s honey the words “intended for cooking only” which words shall appear on the label in close proximity to the product name;
c
the country or countries of origin where the honey has been harvested save that if the honey originates in more than one Member State or third country the country of origin may be replaced with one of the following as appropriate —
i
“blend of EC honeys”,
ii
“blend of non-EC honeys”,
iii
“blend of EC and non-EC honeys”;
2
No person shall sell to the ultimate consumer or to a catering establishment any filtered honey or baker’s honey which is marked or labelled with information relating to floral or vegetable origin, regional, territorial or topographical origin or specific quality criteria.
3
Where pursuant to note 2 of Schedule 1, the reserved description “honey” has been used in the product name of a compound foodstuff containing baker’s honey, no person shall sell such a compound foodstuff unless the list of ingredients includes the term “baker’s honey”.
Sale of filtered honey or baker’s honey in bulk containers or packs
5
1
No person shall sell any filtered honey or baker’s honey in bulk containers or packs unless such bulk containers and packs are labelled with their respective reserved description of the product and any trade documents clearly indicate the reserved description of the product.
2
For the purpose of this paragraph trade documents includes all the documents relating to the sale, transportation, storage or delivery of the product.
Manner of marking or labelling
6
Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a specified honey product is required to be marked or labelled by regulations 4(1)(a) to (c) and (3) of these Regulations as if they were particulars with which a food is required to be marked or labelled by the 1996 Regulations.
Penalties and enforcement
7
1
Any person who contravenes regulations 3, 4 or 5 of these Regulations shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
8
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 an EEA State, that the legislation complies with the provisions of Directive 2001/110/EC .
Application of various provisions of the Act
9
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 any 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 a 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 section 33(1)(b) as applied by sub-paragraph (g);
i
section 35(1) (punishment of offences), insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g);
j
section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub-paragraph (h);
k
section 36 (offences by bodies corporate);
l
section 44 (protection of officers acting in good faith).
Amendment and revocations
10
1
The Honey Regulations 1976 , in so far as they apply to England, are revoked.
2
The following entries relating to the Honey Regulations 1976 shall (insofar as the following Regulations apply to England), be omitted —
a
in the Food (Revision of Penalties) Regulations 1982 , in Schedule 1;
b
in the Food (Revision of Penalties) Regulations 1985 , in Part I to Schedule1;
c
in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 , in Part 1 to Schedule 1, Part I to Schedule 2, Part 1 to Schedule 3 and Schedules 6 and 12;
d
in the Food Safety (Exports) Regulations 1991 , in Part 1 to Schedule 1;
e
in the Food (Forces Exemptions) (Revocations) Regulations 1992 , in Part 1 to Schedule 1;
f
in the Miscellaneous Food Additives Regulations 1995 , in Schedule 9;
g
in the Food Labelling Regulations 1996 , in Schedule 9.
3
In the Miscellaneous Food Additives Regulations 1995, in so far as they apply to England, there shall be substituted for the reference to Directive 74/409/ EEC in Schedule 6, a reference to Directive 2001/110/EC .
4
In the 1996 Regulations, in so far as they apply to England, Regulation 4(2)(c) is revoked.
Transitional provisions
11
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that —
a
the food concerned was marked or labelled before 1st August 2004; and
b
the matters constituting the alleged offence would not have constituted an offence under the Honey Regulations 1976 as they stood immediately before the coming into force of these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
29th August 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 and shall come into force on 5th November 2003.
2
In these Regulations —
“ the Act ” means the Local Government Finance Act 1992;
“the 1988 Act ” means the Local Government Finance Act 1988;
“the Administration Regulations ” means the Council Tax (Administration and Enforcement) Regulations 1992 ;
“appropriate levying body” in relation to a billing authority , means a passenger transport authority, the Broads Authority or the Environment Agency, insofar as the authority or agency has power —
to issue a levy to the billing authority, or
to issue a levy to a county council which has power to issue a precept to the billing authority;
“authorised person” means a person to whom an authorisation is given by a billing authority to exercise any functions relating to the administration of council tax or to the collection of non-domestic rates, as the case may be, by the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 ;
“billing authority” means an English billing authority;
“the Collection Regulations ” means the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989 ;
“council tax demand notice” means a demand notice within the meaning of Part 5 of the Administration Regulations which is served by a billing authority or any authorised person;
“local precepting authority” means an authority specified in section 39(2)(c) to (e) of the Act;
“major precepting authority” has the meaning given by section 39(1) of the Act;
“rate demand notice” means a demand notice within the meaning of Part 2 of the Collection Regulations which is served by a billing authority or any authorised person (including such a notice served pursuant to Part 2 of the Non-Domestic Rating (Collection and Enforcement) (Miscellaneous Provisions) Regulations 1990 (joint owners and occupiers));
“the relevant year”, in relation to a notice, means the financial year to which the demand for payment made by the notice relates; and
“rural settlement authority” means a billing authority which has, in respect of the relevant year, identified one or more rural settlements for that year in a list compiled under section 42A(2) of the 1988 Act .
3
Any reference in these Regulations to the relevant valuation band in relation to a dwelling is a reference to the valuation band shown as applicable to the dwelling in the billing authority’s valuation list.
Application of Regulations
2
These Regulations apply in relation to council tax demand notices and rate demand notices served by an English billing authority or an authorised person on behalf of such a billing authority in relation to financial years beginning on or after 1st April 2004 and, accordingly, the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 , shall not have effect in relation to any such notice.
Content of demand notices, etc
3
1
Subject to paragraph (2), a council tax demand notice shall contain the matters specified in Schedule 1.
2
Without prejudice to regulation 18(2) of the Administration Regulations, a council tax demand notice which is served on a person —
a
after the end of the relevant year; and
b
at the same time as a council tax demand notice relating to another financial year not then ended is served on him;
need not contain the matter specified in paragraph 17 of Schedule 1.
3
A rate demand notice —
a
served by a billing authority or an authorised person on behalf of the billing authority, other than the Common Council or a rural settlement authority, shall contain the matters mentioned in Part 1 of Schedule 2;
b
served by a rural settlement authority or an authorised person on behalf of the rural settlement authority, shall contain the matters mentioned in that Part as modified by Part 2; and
c
served by the Common Council or an authorised person on behalf of the Common Council, shall contain the matters mentioned in Part 3.
4
Subject to paragraph (5), a billing authority must when it serves a council tax demand notice supply to the person on whom the notice is served the information mentioned in Part 1 of Schedule 3, and must when it serves a rate demand notice supply to the person on whom the notice is served the information mentioned in Part 2 of that Schedule; and Part 3 of that Schedule shall have effect for the purposes of both Parts 1 and 2.
5
Paragraph (4) does not apply when a council tax demand notice or a rate demand notice is served after the end of the relevant year.
6
Nothing in this regulation requires a notice to be given on a single sheet of paper, but if more than one sheet is used, the sheets shall be issued together, whether or not attached, as to comprise one notice.
Invalid notices
4
1
Where —
a
a council tax demand notice is invalid because it does not comply with regulation 3(1);
b
the failure to comply was due to a mistake; and
c
the amounts required to be paid under the notice were demanded in accordance with Part 5 of the Administration Regulations;
the requirement to pay those amounts shall apply as if the notice were valid.
2
Where —
a
a rate demand notice is invalid because it does not comply with sub-paragraph (a) of paragraph (3) of regulation 3, or as the case may be, sub-paragraph (b) or (c) of that paragraph;
b
the failure to comply was due to a mistake; and
c
the amounts required to be paid under the notice were demanded in accordance with Part 2 of the Collection Regulations;
the requirement to pay those amounts shall apply as if the notice were valid.
3
Where a requirement to pay an amount under an invalid notice subsists by virtue of paragraph (1) or (2), the billing authority shall as soon as practicable after the mistake is discovered issue to the liable person or ratepayer concerned a statement of the matters which were not contained in the notice and which should have been so contained.
Supply of information by precepting authorities
5
1
In order that a billing authority may fulfil its obligations under regulation 3 —
a
every appropriate major precepting authority other than a county council shall, subject to paragraphs (6) and (7), when it issues a precept to a billing authority for a year, supply the billing authority with the information specified in paragraph (2);
b
every appropriate major precepting authority which is a county council shall, subject to paragraphs (6) and (7), when it issues a precept to a billing authority for a year, supply the billing authority with the information specified in paragraphs (2) and (3);
c
every appropriate local precepting authority shall, subject to paragraphs (6) to (8), when it issues a precept to a billing authority for a year, supply the billing authority with the information specified in paragraph (4); and
d
the Greater London Authority shall, subject to paragraphs (6) and (7) when it issues a precept to a billing authority for a year, supply the billing authority with the information specified in paragraph (5).
2
The information is information as regards the precepting authority and the precept concerned, as to —
i
paragraph 3 of Part 1 of Schedule 3;
ii
paragraphs 5 and 6 of that Part as though the words “precepting authority” were substituted for the words “billing authority” and the words “its precept issued” were substituted for the words “council tax set”; and
b
the estimate mentioned in paragraph 1 of that Part.
3
The information is information as regards the county council and the precept concerned, as to —
a
the amount taken into account in making its estimate under section 43(2)(a) of the Act for any levy or special levy (as the case may be); and
b
the name of every appropriate levying body which has issued a levy to it that was taken into account in calculating the amount of the precept, together with the amount of the levy and information as to whether any of it was not treated as special expenses of the council.
4
The information is information as regards the precepting authority and the precept concerned, as to —
a
the estimates for the relevant year and the previous year made for the purposes of the calculations required by section 50 of the Act; and
b
a statement of the amount of the precept (if any) issued for the relevant year by each relevant local precepting authority.
5
The information is information, as regards the Authority and the precept concerned, as to —
a
the matters mentioned in —
i
paragraph 4 of Part 1 of Schedule 3;
ii
paragraphs 5 and 6 of that Part as though the words “Greater London Authority” were substituted for the words “billing authority”; and
b
the estimate mentioned in paragraph 2 of that Part.
6
Information need not be supplied when a substitute precept is issued to a billing authority if it is not one which would require the billing authority to set a substitute amount or amounts under section 31 of the Act; but if in such a case the billing authority subsequently notifies the precepting authority that it has set or proposes to set an amount or amounts for council tax by reference to the substitute precept, the precepting authority shall subject to paragraphs (7) and (8), supply that information as regards the substitute precept as soon as practicable after that notification is given.
7
Information need not be supplied as regards the issue of a substitute precept for a financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier precept for the first-mentioned financial year.
8
Information need not be supplied by a local precepting authority if, by virtue of the proviso to the definition of “relevant precepting authority” in paragraph 4 of Part 3 of Schedule 3, it would not fall to be supplied by the billing authority when it serves a demand notice.
Supply of information by levying bodies
6
1
In order that a billing authority may fulfil its obligations under regulation 3, every appropriate levying body shall —
a
when it first issues to a county council a levy for a year, supply the billing authorities to which that county council has power to issue a precept and in whose areas the body carries out functions, the information specified in paragraph (6);
b
when it first issues to a billing authority a levy for a year, supply to that authority the information specified in paragraph (6).
2
In order that a billing authority may fulfil its obligations under regulation 3, an appropriate levying body shall, after it has first issued a levy to a county council for a year, supply any billing authority to which paragraph (1) does not apply, but which notifies the body that it has set or proposes to set an amount or amounts of council tax by reference to the levy, with the information specified in paragraph (6).
3
In order that a billing authority may fulfil the obligations under regulation 3, subject to paragraph (6), an appropriate levying body shall, after it has issued a substitute levy for a year, supply any billing authority which notifies the body that it has set or proposes to set an amount or amounts of council tax by reference to the levy, with the information specified in paragraph (6).
4
The circumstances in which an amount of council tax is to be treated as set by reference to a levy for the purposes of paragraphs (2) and (3) include the setting of the amount by reference to an amount included in a precept, where the amount is attributable to a levy.
5
Information shall be supplied under paragraph (2) or (3) as soon as is reasonably practicable after the notification is given.
6
The information is a statement by the levying body as regards the levy concerned, as to —
a
the estimate, made for the purpose of calculating the amount of any levy issued to the billing authority or (as the case may be) to a county council which, as regards the billing authority, is a relevant precepting authority, of the aggregate of its gross expenditure for the relevant year for the services administered by it;
b
the estimate, made for the purpose of calculating the amount of any levy issued to the billing authority or (as the case may be) to a county council which, as regards the billing authority, is a relevant precepting authority, of the aggregate of its gross expenditure for the preceding year for the services administered by it;
c
the amount of the levy for the relevant year;
d
the amount of the levy, if any, for the preceding year;
e
the reasons, in the opinion of the levying body for the difference, if any, between the amounts —
i
stated in accordance with paragraphs (a) and (b); and
ii
stated in accordance with paragraphs (c) and (d).
7
Information need not be supplied as regards a substitute levy for a financial year insofar as it would be repetitive of information given in respect of the preceding financial year on the occasion of the issue of the earlier levy for the first-mentioned financial year.
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 and commencement
1
These Regulations may be cited as the Social Security (Hospital In-Patients and Miscellaneous Amendments) Regulations 2003 and shall come into force for the purposes of —
a
this regulation and regulations 7 to 10, on 21st May 2003;
b
regulation 2 —
i
in so far as it relates to a particular beneficiary other than a beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003 if it is his appropriate pay day or, if not, on his appropriate pay day next following 21st May 2003, and for the purposes of this sub-paragraph “appropriate pay day” shall be construed in accordance with regulation 22(3) of, and Schedule 6 to, the Social Security (Claims and Payments) Regulations 1987 ; and
ii
in so far as it relates to a particular beneficiary in receipt of incapacity benefit or severe disablement allowance, on 21st May 2003;
c
regulation 3, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Income Support (General) Regulations 1987 ;
d
regulations 4(1) and 4(3) to (5) and regulations 5(1) and 5(3) to (5) on 26th May 2003;
e
regulations 4(2) and 5(2) on 6th October 2003; and
f
regulation 6, in so far as it relates to a beneficiary paid in advance, on the first day of the first benefit week to commence for that beneficiary on or after 21st May 2003, but otherwise on the first day of the benefit week which includes that date, and for the purpose of this paragraph “benefit week” has the same meaning as in the Jobseeker’s Allowance Regulations 1996
Amendment of the Social Security (Hospital In-Patients) Regulations 1975
2
1
The Social Security (Hospital In-Patients) Regulations 1975 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1) (interpretation) omit the definition of “38% of the basic pension”.
3
For regulation 4 substitute —
Circumstances in which personal benefit is to be adjusted
4
Where a person —
a
receives, or has received, free in-patient treatment continuously for a period of more than 52 weeks; and
b
satisfies the conditions for the receipt of a personal benefit which is specified in Schedule 2 to these regulations,
for any part of the period after the 52nd week the weekly rate of that benefit shall be adjusted in accordance with regulation 6.
.
4
In regulation 4A(1) (provision for adjusting benefit for part of a week) omit “5 or”.
5
Regulation 5 (adjustment of personal benefit after 6 weeks in hospital) shall be omitted.
6
In regulation 6 (adjustment of personal benefit after 52 weeks in hospital) for “4(d)”, in both places where it occurs, substitute “4”.
7
In regulation 9 (circumstances in which dependency benefit is to be adjusted), in paragraph (b) for “6” substitute “52”.
8
In regulation 11 (adjustment of dependency benefit where dependant is husband or wife of beneficiary and is in hospital) —
a
for paragraph (1) substitute —
1
Subject to paragraph (3), in a case to which regulation 9(d) applies, for any part of a period of continuous free in-patient treatment which the dependant receives after the 52nd week of such continuous treatment, the weekly rate of dependency benefit payable to the beneficiary shall be adjusted so that 20% of the basic pension is payable.
; and
b
in paragraph (3) for “(1)(b)” substitute “(1)”.
9
In regulation 17 (calculation of periods) omit —
a
paragraphs (2), (3) and (6) (persons in prescribed accommodation who become hospital in-patients); and
b
in paragraph (4), the words “(or is regarded under this regulation as having received)”.
Amendment of the Income Support (General) Regulations 1987
3
1
The Income Support (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 2(1A) (interpretation), in sub-paragraph (a) for “six” substitute “52”.
3
In Schedule 2 (applicable amounts), in paragraph 13A(2) (enhanced disability premium) for “six”, in both places where it occurs, substitute “52”.
4
In Schedule 3 (housing costs), in paragraph 18(7)(g) (no deductions in respect of non-dependants) for “six”, in both places where it occurs, substitute “52”.
5
In Schedule 7 (applicable amounts in special cases) —
a
in paragraph 1 (patients) —
i
for “3 and 18” substitute “and 3”;
ii
for “six” substitute “52”; and
iii
omit sub-paragraph (a) in columns (1) and (2);
b
in paragraph 13 (persons in residential accommodation) —
i
in sub-paragraph (1), in column (1) omit “Subject to sub-paragraph (2),”; and
ii
omit sub-paragraph (2) in columns (1) and (2); and
c
in paragraph 13B (Polish resettlement: persons temporarily absent from accommodation), in sub-paragraph (a) in column (2) —
i
in head (i) for “6” substitute “52”; and
ii
omit head (ii).
Amendment of the Housing Benefit (General) Regulations 1987
4
1
The Housing Benefit (General) Regulations 1987 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 16 (applicable amounts), as modified in respect of any person who has attained the qualifying age for state pension credit —
a
in paragraph (2) omit “13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed”;
b
in paragraph (3)(a) —
i
for “determined in accordance with paragraph (1) shall be reduced by an amount equal to 38” substitute “shall be equal to 20”; and
ii
after “the Contributions and Benefits Act” add “(“the standard reduction”)”;
c
in paragraph (3)(b) for “20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act (“the standard reduction”)” substitute “the standard reduction”; and
d
in paragraph (7) for “13” substitute “52”.
3
In regulation 18 (patients) for “6 weeks” or “six weeks”, wherever those words occur, substitute “52 weeks”.
4
In regulation 63(7)(e) (no deductions in respect of non-dependants) for “six”, in both places where it occurs, substitute “52”.
5
In Schedule 2 (applicable amounts), in paragraph 13A(2) (enhanced disability premium) for “six”, in both places where it occurs, substitute “52”.
Amendment of Council Tax Benefit (General) Regulations 1992
5
1
The Council Tax Benefit (General) Regulations 1992 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 8 (applicable amounts), as modified in respect of any person who has attained the qualifying age for state pension credit —
a
in paragraph (2) omit “13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed”;
b
in paragraph (3)(a) —
i
for “determined in accordance with paragraph (1) shall be reduced by an amount equal to 38” substitute “shall be equal to 20”; and
ii
after “the Contributions and Benefits Act” add “(“the standard reduction”)”;
c
in paragraph (3)(b) for “20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the Contributions and Benefits Act (“the standard reduction”)” substitute “the standard reduction”; and
d
in paragraph (7) for “13” substitute “52”.
3
In regulation 10 (patients) for “6 weeks” or “six weeks”, wherever those words occur, substitute “52 weeks”.
4
In regulation 52(7)(d) (no deductions in respect of non-dependants) for “six”, in both places where it occurs, substitute “52”.
5
In Schedule 1 (applicable amounts), in paragraph 14A(2) (enhanced disability premium) for “six”, in both places where it occurs, substitute “52”.
Amendment of the Jobseeker’s Allowance Regulations 1996
6
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with the following paragraphs of this regulation.
2
In regulation 1(3F) (interpretation), in sub-paragraph (a) for “six” substitute “52”.
3
In Schedule 1 (applicable amounts) —
a
in paragraph 15A(2) (enhanced disability premium), for “six”, in both places where it occurs, substitute “52”; and
b
in paragraph 20IA(2) (enhanced disability premium) for “six” substitute “52”.
4
In Schedule 2 (housing costs), in paragraph 17(7)(g) (no deductions in respect of non-dependants) for “six”, in both places where it occurs, substitute “52”.
5
In Schedule 5 (applicable amounts in special cases) —
a
in paragraph 1 (person other than claimant who is a patient), in column (1) for “6” substitute “52”; and
b
in paragraph 15 (persons in residential accommodation) —
i
in sub-paragraph (1), in column (1) omit “Subject to sub-paragraph (2),”; and
ii
omit sub-paragraph (2) in columns (1) and (2).
6
In Schedule 5A (applicable amounts of joint-claim couples in special cases), in paragraph 1 for “six”, in both places where it occurs in column (1), substitute “52”.
Amendment of the Child Support (Maintenance Calculations and Special Cases) Regulations 2000
7
In the Child Support (Maintenance Calculations and Special Cases) Regulations 2000 , in regulation 5 (nil rate) —
a
in paragraph (g) —
i
for “1(a) or (b)” substitute “1(b) or 2”; and
ii
for “6” substitute “52”;
b
in paragraph (gg) —
i
after “Regulations” insert “2002”; and
ii
for “at least 13 but not exceeding” substitute “more than”; and
c
in paragraph (h) for “4(d)” substitute “4”.
Amendment of the State Pension Credit Regulations 2002
8
1
The State Pension Credit Regulations 2002 shall be amended in accordance with the following paragraphs of this regulation.
2
In Schedule II (housing costs), in paragraph 14(7)(e) (no deductions in respect of non-dependants) for “13”, in both places where it occurs, substitute “52”.
3
In Schedule III (special groups), in paragraph 2 (further provisions in the case of patients) —
a
in sub-paragraph (1) omit “13 weeks but not exceeding 52 weeks, or, in exceptional circumstances, is unlikely to substantially exceed”;
b
in sub-paragraph (2)(a) —
i
for “determined by taking the amount for the time being specified in regulation 6(1)(b) and reducing it by an amount equal to 38” substitute “equal to 20”; and
ii
after the “1992 Act” add “(“the standard reduction”)”;
c
in sub-paragraph (2)(b), for “20 per cent. of the weekly rate of the basic pension for the time being specified in section 44(4) of the 1992 Act (“the standard reduction”)” substitute “the standard reduction”;
d
omit sub-paragraph (3);
e
in sub-paragraph (4) for “sub-paragraphs (2) and (3), the basic pension” substitute “sub-paragraph (2), the standard reduction”;
f
in sub-paragraph (5) omit “or (3)”; and
g
in sub-paragraph (6) omit “13 weeks and”.
Amendment of the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002
9
In the State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 , in regulation 36 (persons entitled to income support immediately before the appointed day) omit paragraphs (15) to (19).
Amendment of the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003
10
In the Housing Benefit and Council Tax Benefit (State Pension Credit) Regulations 2003 omit regulation 31.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
30th April 2003


text:
Citation and commencement
1
1
This Order may be cited as the Occupational Pensions (Revaluation) Order 2003.
2
This Order shall come into force on 1st January 2004.
The revaluation percentage for each revaluation period
2
For the purposes of paragraph 2(1) of Schedule 3 to the Pension Schemes Act 1993, the revaluation percentage for each revaluation period specified in column 1 below is the percentage specified in column 2 in relation to that period.
Column 1 Column 2 Revaluation period Revaluation percentage
1st January 1986–31st December 2003 91.5% 1st January 1987–31st December 2003 85.7% 1st January 1988–31st December 2003 78.2% 1st January 1989–31st December 2003 68.6% 1st January 1990–31st December 2003 56.7% 1st January 1991–31st December 2003 41.3% 1st January 1992–31st December 2003 35.7% 1st January 1993–31st December 2003 31.0% 1st January 1994–31st December 2003 28.7% 1st January 1995–31st December 2003 25.9% 1st January 1996–31st December 2003 21.2% 1st January 1997–31st December 2003 18.7% 1st January 1998–31st December 2003 14.6% 1st January 1999–31st December 2003 11.0% 1st January 2000–31st December 2003 9.8% 1st January 2001–31st December 2003 6.3% 1st January 2002–31st December 2003 4.5% 1st January 2003–31st December 2003 2.8%
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
23rd November 2003


text:
1
This Order may be cited as the A59 Trunk Road (Preston–Skipton) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the Preston-Skipton Trunk Road (A59)
3
The length of the trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director, Highways Agency
2nd December 2003


text:
Citation and commencement
1
This Order may be cited as the Channel Tunnel Rail Link (Nomination) (Amendment) Order 2003, and shall come into force on 28th September 2003.
Amendment of nominated undertaker appointment
2
The Channel Tunnel Rail Link (Nomination) Order 1999 is amended by, in articles 3(2)(b) and 3(2)(c) after “section 14”, inserting “(1)(b)”.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
4th September 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Proceeds of Crime Act 2002 (Recovery from Pension Schemes) Regulations 2003 and shall come into force on 17th March 2003.
2
In these Regulations —
“ the Act ” means the Proceeds of Crime Act 2002;
“destination arrangement” means a pension arrangement under which some or all of the rights are derived, directly or indirectly, from a pension sharing transaction;
“pension recovery order” means a recovery order made by virtue of section 273(2) of the Act;
“pension sharing transaction” means an order or provision falling within section 28(1) of the Welfare Reform and Pensions Act 1999 (activation of pension sharing) or article 25(1) of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (activation of pension sharing);
“relevant person” means the person whose rights under a pension scheme are the subject of a pension recovery order; and
“valuation date” means a date within the period prescribed by regulation 5 in respect of which the trustees or managers of the pension scheme decide to value the relevant person’s pension rights in accordance with regulation 2 or 3.
Calculation and verification of the value of rights under pension schemes
2
1
This regulation applies where the High Court or the Court of Session makes a pension recovery order, other than in respect of rights derived from a pension sharing transaction under a destination arrangement in a pension scheme.
2
The trustees or managers of the pension scheme in respect of which the pension recovery order has been made must calculate and verify the cash equivalent of the value at the valuation date of the rights which are the subject of the pension recovery order and must pay to the trustee for civil recovery a sum equal to that cash equivalent.
3
In relation to the calculation and verification by the trustees or managers of the cash equivalent referred to in paragraph (2) —
a
in the case of a pension scheme wholly or mainly administered in England and Wales, regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations 2000 (information about pensions and divorce: valuation of pension benefits), except paragraph (2) thereof, shall have effect as it has effect for the valuation of benefits in connection with the supply of information in connection with domestic and overseas divorce etc. in England and Wales, with the modification that, for “the date on which the request for the valuation was received” in each case where it appears in that regulation, there shall be substituted “the valuation date for the purposes of the Proceeds of Crime Act 2002 (Recovery from Pension Schemes) Regulations 2003”;
b
in the case of a pension scheme wholly or mainly administered in Scotland, regulation 3 of the Divorce etc. (Pensions) (Scotland) Regulations 2000 (valuation), except paragraph (11) thereof, shall have effect as it has effect for the valuation of benefits in connection with the supply of information in connection with divorce in Scotland, with the modification that, for “the relevant date” in each case where it appears in that regulation, there shall be substituted “the valuation date for the purposes of the Proceeds of Crime Act 2002 (Recovery from Pension Schemes) Regulations 2003”; and
c
in the case of a pension scheme wholly or mainly administered in Northern Ireland, regulation 3 of the Pensions on Divorce etc. (Provision of Information) Regulations (Northern Ireland) 2000 (information about pensions on divorce: valuation of pension benefits), except paragraph (2) thereof, shall have effect as it has effect for the valuation of benefits in connection with the supply of information in connection with domestic and overseas divorce etc. in Northern Ireland, with the modification that, for “the date on which the request for the valuation was received” in each case where it appears in that regulation, there shall be substituted “the valuation date for the purposes of the Proceeds of Crime Act 2002 (Recovery from Pension Schemes) Regulations 2003”.
Calculation and verification of the value of rights under destination arrangements
3
1
This regulation applies where the High Court or the Court of Session makes a pension recovery order in respect of rights derived from a pension sharing transaction under a destination arrangement in a pension scheme.
2
The trustees or managers of the pension scheme in respect of which the pension recovery order has been made must calculate and verify the cash equivalent of the value at the valuation date of the rights which are the subject of the pension recovery order and must pay to the trustee for civil recovery a sum equal to that cash equivalent.
3
In relation to the calculation and verification by the trustees or managers of the cash equivalent referred to in paragraph (2) —
a
in the case of a pension arrangement in a scheme that is wholly or mainly administered in either England and Wales or Scotland, regulation 24 of the Pension Sharing (Pension Credit Benefit) Regulations 2000 (manner of calculation and verification of cash equivalents) shall have effect as it has effect for the calculation and verification of pension credit for the purposes of those regulations; and
b
in the case of a pension arrangement in a scheme that is wholly or mainly administered in Northern Ireland, regulation 24 of the Pension Sharing (Pension Credit Benefit) Regulations (Northern Ireland) 2000 (manner of calculation and verification of cash equivalents) shall have effect as it has effect for the calculation and verification of pension credit for the purposes of those regulations.
Approval of manner of calculation and verification of the value of rights
4
1
This regulation applies where the relevant person is also a trustee or manager of the pension scheme in respect of which the pension recovery order has been made.
2
When the trustees or managers of the pension scheme have, under regulation 2 or 3, calculated and verified the value of the rights which are the subject of a pension recovery order, the manner in which the trustees or managers have calculated and verified the value of the rights must be approved by —
a
a Fellow of the Institute of Actuaries ; or
b
a Fellow of the Faculty of Actuaries .
3
Where the person referred to in paragraph (2) is not able to approve the manner in which the trustees or managers have calculated and verified the value of the rights which are the subject of a pension recovery order, he must give notice in writing of that fact to the trustee for civil recovery and the trustees or managers of the scheme.
4
Where the trustees or managers of the scheme have been given notice under paragraph (3), they must re-calculate and re-verify the value of the rights which are the subject of a pension recovery order for the purposes of regulation 2 or 3.
Time for compliance with a pension recovery order
5
1
In this regulation, “the prescribed period” means the period prescribed for the purposes of section 273(2)(a) of the Act.
2
Subject to paragraphs (3) and (4), the prescribed period is the period of 60 days beginning on the day on which the pension recovery order is made.
3
Where an application for permission to appeal the pension recovery order is made within the period referred to in paragraph (2), the prescribed period is the period of 60 days beginning on —
a
the day on which permission to appeal is finally refused;
b
the day on which the appeal is withdrawn; or
c
the day on which the appeal is dismissed,
as the case may be.
4
Where the person referred to in regulation 4(2) gives notice, in accordance with regulation 4(3) and within the period referred to in paragraph (2), to the trustee for civil recovery and trustees or managers of the scheme that he is unable to approve the manner in which the trustees or managers have calculated the value of the rights which are the subject of the pension recovery order, the prescribed period is the period of 60 days beginning on the day on which such notice is given.
Bob Ainsworth
Parliamentary Under-Secretary of State
Home Office
12th February 2003


text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Manufactured Overseas Dividends) (Amendment) Regulations 2003 and shall come into force on 1st November 2003.
Amendments to the Income Tax (Manufactured Overseas Dividends) Regulations 1993
2
The Income Tax (Manufactured Overseas Dividends) Regulations 1993 are amended as follows.
Amendments to regulation 2
3
1
Amend regulation 2 (interpretation) as follows.
2
In paragraph (1) —
a
in the definitions of “approved United Kingdom collecting agent” and “approved United Kingdom intermediary” for “branch or agency” substitute “permanent establishment”;
b
omit the definition of “the Double Taxation Relief Regulations” ;
c
for the definition of “United Kingdom recipient” substitute —
“United Kingdom recipient” shall be construed in accordance with paragraph 4(3A) of Schedule 23A .
.
3
After paragraph (2) add —
3
In these Regulations references to a permanent establishment shall be read, in relation to accounting periods beginning before 1st January 2003, as references to a branch or agency.
.
Amendments to regulation 3
4
1
Amend regulation 3 (prescribed rates of relevant withholding tax) as follows.
2
In paragraph (1)(a)(i) for “branch or agency” substitute “permanent establishment”.
3
Omit paragraph (4).
Amendments to regulation 4
5
1
Amend regulation 4 (tax treatment of approved manufactured overseas dividends paid to approved United Kingdom intermediaries or approved United Kingdom collecting agents) as follows.
2
In paragraph (2)(a)(i) for “branch or agency” substitute “permanent establishment”.
3
For paragraph (4) substitute —
4
Paragraph (3) shall not apply where either paragraph (5) or (6) applies.
5
This paragraph applies where the approved United Kingdom intermediary or approved United Kingdom collecting agent pays, in accordance with regulation 5, and without deduction of tax, a manufactured overseas dividend representative of the same overseas dividend as is represented by the manufactured overseas dividend received by him.
6
This paragraph applies where the approved United Kingdom collecting agent is required to pay to an approved United Kingdom intermediary a manufactured overseas dividend representative of the same overseas dividend as is represented by the manufactured overseas dividend received by him and the approved United Kingdom intermediary —
a
pays as mentioned in paragraph (5) the manufactured overseas dividend, and
b
issues a notice to the approved United Kingdom collecting agent authorising him to make the payment without deduction of tax.
.
Amendments to regulation 5
6
1
Amend regulation 5 (tax treatment of approved manufactured dividends paid to persons resident outside the United Kingdom) as follows.
2
In paragraph (1) —
a
at the beginning insert “Subject to paragraph (1A),”;
b
for “the circumstances prescribed by paragraph (2)” substitute “either of the circumstances prescribed by paragraphs (1B) and (2)”.
3
After paragraph (1) insert —
1A
Where a manufactured overseas dividend is paid in the circumstances prescribed by paragraph (1B) by a person who is not an approved United Kingdom intermediary, the dividend shall be treated, for the purposes of the provisions of the Tax Acts relating to the charge to tax under Schedule D and so far as the payer is concerned, as if the amount paid was an annual payment, within section 349(1) of the Taxes Act, but so that no amount is required to be deducted on account of income tax from the amount of the payment, or accounted for under section 350 of that Act.
1B
The circumstances prescribed by this paragraph are where —
a
a manufactured overseas dividend is paid by a person who is resident in the United Kingdom, or, if not so resident, makes the payment in the course of a trade which he carries on through a permanent establishment in the United Kingdom;
b
the payment is to or for the benefit of a person beneficially entitled to it who is not a United Kingdom recipient; and
c
regulation 4(1) does not apply.
.
4
In paragraph (2) —
a
for the words from “where a manufactured overseas dividend” to the word “or” immediately preceding sub-paragraph (b) substitute —
where —
a manufactured overseas dividend is paid by an approved United Kingdom intermediary who, if not resident in the United Kingdom, makes the payment in the course of a trade which he carries on through a permanent establishment in the United Kingdom; and;
b
in sub-paragraph (b)(ii) for the words from “branch or agency” to “applies” substitute “permanent establishment in the United Kingdom and makes the payment to or for the benefit of a person beneficially entitled to it who is not a United Kingdom recipient”.
Amendment to regulation 6
7
In regulation 6(1) (retention and record of notices given under regulations 4 and 5) for “(4)(c)” substitute “(6)(b)”.
Amendments to regulation 7(2)
8
In regulation 7(2) (disapplication of paragraph 4(3) of Schedule 23A) —
a
for sub-paragraph (a) substitute —
a
pays, in accordance with regulation 5, and without deduction of tax, a manufactured overseas dividend representative of the same overseas dividend as is represented by the manufactured overseas dividend received by him, or;
b
omit sub-paragraph (b).
Amendment to regulation 8
9
In regulation 8 (tax treatment of manufactured overseas dividends to which regulations 4, 5 and 7 apply – further provision) for “branch or agency” substitute “permanent establishment”.
Amendments to regulation 9A
10
1
Amend regulation 9A (offsetting of tax by overseas dividend manufacturers who are not United Kingdom intermediaries) as follows.
2
After paragraph (2) insert —
2A
This paragraph applies where an overseas dividend manufacturer who is not an approved United Kingdom intermediary receives in any chargeable period overseas dividends or manufactured overseas dividends and pays in that period manufactured overseas dividends to which regulation 5 applies that are representative of those overseas dividends or manufactured overseas dividends received.
2B
Where paragraph (2A) applies —
a
relief under section 811 of the Taxes Act shall be given to the overseas dividend manufacturer in respect of any tax referred to in regulation 9(1A) that is attributable to the overseas dividends or manufactured overseas dividends received by him; and
b
no other relief under Part 18 of the Taxes Act may be claimed by him in respect of any such tax.
.
Amendments to regulation 10
11
1
Amend regulation 10 (matching of dividends and manufactured overseas dividends) as follows.
2
In paragraph (1)(b) for the words from “by reason of — ” to “nil percent.” substitute “by virtue of regulation 5”.
3
In paragraph (2) —
a
after “paid” insert “to a United Kingdom recipient”;
b
for “recipient of the manufactured overseas dividend paid” substitute “United Kingdom recipient”.
4
In paragraph (3) —
a
after “paid” in the first place where it occurs insert “to a United Kingdom recipient”;
b
in sub-paragraph (a) and in sub-paragraph (b) (three times) for “paid” substitute “so paid”;
c
in sub-paragraph (c) for “recipient” substitute “United Kingdom recipient”.
5
In paragraph (4) —
a
after “paid” in the first place where it occurs insert “to a United Kingdom recipient”;
b
in sub-paragraphs (a) and (b) for “paid” substitute “so paid”;
c
in sub-paragraph (c) for “recipient” substitute “United Kingdom recipient”.
Amendments to regulation 14
12
1
Amend regulation 14 (records to be kept in respect of certain manufactured overseas dividends paid without deduction of tax) as follows.
2
For paragraph (1)(b) substitute —
b
the name of the person to whom payment was made,
ba
his grounds for believing that the payment should be made without deduction of tax, and.
3
For paragraphs (2) and (3) substitute —
2
This regulation applies to any manufactured overseas dividend which an overseas dividend manufacturer or an approved United Kingdom collecting agent, by virtue of regulation 5(1B), pays without deduction of tax.
3
An overseas dividend manufacturer or an approved United Kingdom collecting agent —
a
shall retain for a period of six years —
i
any record required to be maintained by him under paragraph (1), and
ii
any evidence relevant to his grounds for believing that the payment should be made without deduction of tax; and
b
whenever required to do so within that period, shall make any such record or evidence available for inspection by an officer of the Board.
.
4
In paragraph (4) for “certificate” substitute “evidence”.
Jim Murphy
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
9 October 2003


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Reserve Tax (virt-x Exchange Limited) (Amendment) Regulations 2003 and shall come into force on 17th November 2003.
Amendment of the Stamp Duty Reserve Tax (virt-x Exchange Limited) Regulations 1995
2
Amend the Stamp Duty Reserve Tax (virt-x Exchange Limited) Regulations 1995 as follows.
3
1
Amend regulation 2 as follows.
2
In the definition of “clearing participant” —
a
for “The London Clearing House Limited” substitute “a relevant clearing service”;
b
for “that clearing house” substitute “the relevant clearing service”.
3
In the definition of “nominee” for “The London Clearing House Limited” substitute “a relevant clearing service”.
4
After the definition of “participant” insert —
“relevant clearing service” means —
The London Clearing House Limited; or
SIS x-clear Aktiengesellschaft for as long as it is a member (as defined by this regulation);
.
4
1
Amend regulation 4 as follows.
2
In paragraph (2)(a) —
a
in paragraph (iii) —
i
for “The London Clearing House Limited” substitute “a relevant clearing service”;
ii
for “that clearing house” substitute “a relevant clearing service”.
b
in paragraph (iv) —
i
for “The London Clearing House Limited” (in the first place it appears) substitute “a relevant clearing service”;
ii
for “that clearing house” (in the first place it appears) substitute “a relevant clearing service”;
iii
for “The London Clearing House Limited” (in the second place it appears) substitute “the relevant clearing service”;
iv
for “that clearing house” (in the second place it appears) substitute “the relevant clearing service”;
c
in paragraph (v) —
i
for “The London Clearing House Limited” substitute “a relevant clearing service”;
ii
for “that clearing house” substitute “a relevant clearing service”.
3
In paragraph (3)(b) —
a
for “The London Clearing House Limited” substitute “a relevant clearing service”;
b
for “that clearing house” substitute “a relevant clearing service”.
5
In regulation 5(2) for “The London Clearing House Limited” substitute “the relevant clearing service of which the clearing participant is a member”.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (EC Type Approval) (Amendment)(No. 2) Regulations 2003 and shall come into force on 23rd October 2003.
Amendments to Schedule 1
2
1
The Table in Schedule 1 to the Motor Vehicles (EC Type Approval) Regulations 1998 shall be further amended by the insertion in the columns specified of the entries specified below.
2
In item 2 (Emissions), there shall be inserted in the third and fourth columns after the last entry —
2003/76EC* L206, 15.8. 2003 p.29
3
In item 48 (Masses and Dimensions), there shall be inserted in the third and fourth columns after the last entry —
2003/19/EC* L79, 26.3. 2003 p.6
Signed by the authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
16th September 2003


text:
1
This Order may be cited as the A339 Trunk Road (B4640 County Boundary (R. Enborne) to A339 Swan Roundabout and A339 Swan Roundabout to A34/A339 Junction) (Detrunking) Order 2003 and shall come into force on 1st June 2003.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the A339 Trunk Road (A339).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies West Berkshire District Council that they will become the highway authority responsible for that length of road.
Signed by authority of the Secretary of State for Transport
Mr W. S. C. Wadrup
(A Divisional Director) Highways Agency
29th April 2003


text:
1
These Regulations may be cited as the Immigration (Leave to Remain) (Fees) Regulations 2003 and shall come into force on 1st August 2003.
2
In these Regulations:
“application” means an application for —
leave to remain in the United Kingdom,
the variation of leave to enter, or remain in, the United Kingdom, or
an indefinite leave stamp to be fixed on the applicant’s passport (or travel document) as the result of the renewal or replacement of his previous passport (or travel document);
“dependant”, of a person, means —
the spouse or unmarried partner, or
a child under the age of eighteen,
of that person;
“immigration employment document” has the same meaning as in section 122 of the Nationality, Immigration and Asylum Act 2002 ;
“immigration rules” has the same meaning as in section 33(1) of the Immigration Act 1971 ; and
“the 1999 Act ” means the Immigration and Asylum Act 1999.
3
Subject to section 5(3)(a) of the 1999 Act and regulations 4 and 5 below, the fee to be paid in connection with an application shall be —
a
£250 for an application made in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office; or
b
£155 for an application made by post.
4
Where an application is made by an applicant in respect of himself and one or more of his dependants, a single fee is payable in connection with that application.
5
No fee shall be payable in connection with an application falling within paragraph (a) or (b) of the definition of “application” in regulation 2 above in any of the following circumstances —
a
the application is made under the terms of a European Community Association Agreement;
b
the application is made in respect of a person seeking leave to remain in the United Kingdom as a highly skilled migrant under the immigration rules;
c
the application is made in respect of a person seeking leave to remain in the United Kingdom as a seasonal agricultural worker under the immigration rules;
d
the application is made in respect of a person seeking leave to remain in the United Kingdom for work permit employment under the immigration rules, where, at the time of making the application, the applicant —
i
holds a valid immigration employment document, or
ii
is also making an application for an immigration employment document; or
e
the application is made in respect of a person seeking indefinite leave to remain in the United Kingdom on grounds of domestic violence under the immigration rules where, at the time of making the application, the applicant appears to the Secretary of State to be destitute.
6
For the purposes of section 5(3)(a)(ii) of the 1999 Act, a “dependant” of a person making a claim for asylum means —
a
the spouse or unmarried partner, or
b
a child under the age of eighteen,
of such a person.
Beverley Hughes
Minister of State
Home Office
7th July 2003
We approve
Joan Ryan
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
9th July 2003


text:
Citation and commencement
1
This Order may be cited as the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations Order of Council 2003 and shall come into force on 1st July 2003.
Revocation
2
The General Medical Council (Voluntary Erasure and Restoration) Regulations Order of Council 2000 , except in so far as it relates to the following provisions of the General Medical Council (Voluntary Erasure and Restoration) Regulations 2000 , is hereby revoked —
a
regulations 3(7) and 5; and
b
regulation 3(8) in so far as it is made under section 32(1)(c) of the Medical Act 1983.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Department for Transport (Driver Licensing and Vehicle Registration Fees) Order 2003 and shall come into force on the day after it is made.
2
In this Order —
“the 1988 Act ” means the Road Traffic Act 1988 ; and
“the 1994 Act ” means the Vehicle Excise and Registration Act 1994 .
Costs to be taken into account in fixing driver licensing or vehicle registration fees
2
1
In relation to each of the powers to fix fees specified in paragraph (2), the functions listed in paragraph (3) below are hereby specified for the purposes of section 102(3) of the Finance (No. 2) Act 1987 as functions, the costs of which are to be taken into account in determining the amount of those fees.
2
The powers to fix fees are —
a
the powers in section 97(1)(a) (power to prescribe a fee relating to a driving licence application) of the 1988 Act; and
b
the respective powers in each of section 7(6)(b) (power to prescribe a fee to be paid on the issue of a new vehicle licence), section 21(3) (power to prescribe a fee for registration of a vehicle), section 22(1)(c) (power to fix a fee for the making available of particulars contained in the vehicle register), section 22(1)(i) (power to fix a fee for the issue of new registration documents in specified circumstances), and section 22(2A)(c) (power to make provision for the payment of a fee with respect to a lost, stolen, destroyed or damaged nil licence), of the 1994 Act.
3
The functions are —
a
the functions of the Secretary of State in relation to driver licensing under Parts III and IV of the 1988 Act and Schedule 1 to the Road Traffic (Driver Licensing and Information System) Act 1989 , other than the functions relating to the test of competence to drive motor vehicles or to training courses for drivers of motor vehicles;
b
all other functions of the Secretary of State in connection with driver licensing (other than the functions relating to the test of competence to drive motor vehicles or to training courses for drivers of motor vehicles) including without prejudice to the generality of the foregoing —
i
carrying out enforcement work relating to keeping records of endorsements and disqualifications and ensuring the recovery of erroneous or revoked licences; and
ii
the acquisition, provision, or sharing, of data, or information on data, from, to, or with, the concerned data subjects or any other authorised or entitled parties;
c
the functions of the Secretary of State in relation to the processing of vehicle registration applications or the registration of vehicles under the 1994 Act;
d
the functions of maintaining the register of vehicles, and all vehicle and keeper details and registrations in relation thereto, and the functions of checking and investigating the accuracy of all such information other than the functions of vehicle examination provided for under section 22A(2)(a) of the 1994 Act;
e
the functions of the Secretary of State in satisfying himself before registering a vehicle that, in so far as they apply, the requirements of section 66 (prohibition of the grant of excise licences for certain vehicles) of the 1988 Act, or (as the case may be) of article 72 of the Road Traffic (Northern Ireland) Order 1995 , are fulfilled in relation to the vehicle;
f
all other functions of the Secretary of State in relation to the registration of vehicles including without prejudice to the generality of the foregoing —
i
ensuring that registration requirements are fulfilled in respect of imported, exported, and badly damaged vehicles;
ii
activities relating to the change or assignment of a vehicle registration mark, the transfer of registration marks between vehicles, or the retention of a registration mark without allocation to a vehicle; and
iii
providing information on data held to the relevant data subject or to lawfully authorised or entitled third parties;
g
the functions of preventing, investigating, or prosecuting offences relating to driver licensing or vehicle registration or otherwise relating to any form of identity fraud, and taking or aiding any enforcement in relation thereto; and
h
the functions of the Secretary of State in relation to anything done or proposed to be done by the European Community or any other international body with respect to driver licensing or vehicle registration or to any of the functions or their subject matter in sub-paragraphs (a) to (g) inclusive.
Matters to be taken into account in determining costs
3
In relation to any functions the costs of which fall to be taken into account in the exercise of a power to fix a fee specified in article 2(2) (whether by virtue of article 2(3) or otherwise) the matters specified for the purposes of section 102(4) of the Finance (No. 2) Act 1987 shall be the following —
a
all costs incurred by the Secretary of State which are directly attributable to the functions specified in article 2(3);
b
that proportion of the costs, not falling within paragraph (a) above, incurred by, or on behalf of the Secretary of State, in relation to staff, management functions, financial charges or penalties, legal costs, equipment, premises, facilities and all other matters connected directly or indirectly therewith, being the proportion which falls to be attributed to any of the functions specified in article 2(3);
c
a return on the resources employed in carrying out any of the functions specified in article 2(3);
d
net income arising from services provided by the Secretary of State in connection with, or relating but additional to, the functions specified in article 2(3);
e
the allocation of sums in respect of matters which would otherwise be covered by insurance, and the allocation of a sum in respect of superannuation payments and provision for bad debts in relation to any of the functions specified in article 2(3);
f
amounts recovered in relation to any of the functions specified in article 2(3) other than by way of such fees as are referred to in this Order;
g
the allocation over a period of years of initial or exceptional costs in relation to any of the functions specified in article 2(3);
h
the recovery of any deficits incurred or accrued in relation to any of the functions specified in article 2(3); and
i
the transfer of, or obligation to transfer, sums corresponding to any part of any fees paid in connection with vehicle registration or driver licensing so as to offset any subsidy arising between Northern Ireland and Great Britain in connection with vehicle registration or driver licensing.
Revocation
4
In Schedule 1 to the Department of Transport (Fees) Order 1988 , item 6 in Table III, and item 1 in Table VI, are revoked.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
20th November 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity Benefit) (Her Majesty’s Forces) (Amendment) Regulations 2003 and shall come into force on 5th May 2003.
Amendment of the Social Security (Incapacity Benefit) Regulations 1994
2
In the Social Security (Incapacity Benefit) Regulations 1994 after regulation 7B there shall be inserted the following regulation —
Inclusion of days of sickness absence from duty before discharge from Her Majesty’s forces in calculating days of entitlement to incapacity benefit
7C
1
For the purpose of section 30D(3A) of the Contributions and Benefits Act (days to be included in respect of person discharged from Her Majesty’s forces after 3rd May 2003 when calculating the number of days for which the person has been entitled to short-term incapacity benefit) there is prescribed any day which falls within a period —
a
of 4 or more consecutive days each of which is a day which is recorded by the Secretary of State for Defence as a day on which the person was on sickness absence from duty; and
b
which ends not more than 8 weeks before the first day of the period to which the claim for incapacity benefit relates.
2
For the purpose of paragraph (1)(a) any two such periods not separated by a period of more than 8 weeks shall be treated as one period.
.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10th April 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Enterprise Act 2002 (Protection of Legitimate Interests) Order 2003 and shall come into force on 20th June 2003.
2
In this Order —
“ the Act ” means the Enterprise Act 2002;
“a European intervention notice” means a notice given by the Secretary of State to the OFT pursuant to section 67 of the Act;
“public interest consideration” means a consideration which, at the time of the giving of the European intervention notice concerned, is specified in section 58 of the Act, or is not so specified but, in the opinion of the Secretary of State, ought to be so specified.
Determination of a relevant merger situation
2
For the purposes of deciding whether a relevant merger situation has been created or whether arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a relevant merger situation, for the purposes of section 68(2)(a) of the Act and this Order, sections 23 to 32 of the Act (read together with section 34 of the Act and any Order made pursuant to that section) shall apply, but subject to the modifications mentioned in Schedule 1.
European intervention notices under section 67 of the Act
3
1
A European intervention notice shall come into force when it is given and shall cease to be in force when the matter to which it relates is finally determined in accordance with paragraphs (2) and (3).
2
A matter to which a European intervention notice relates is finally determined if —
a
the time within which the OFT is to report to the Secretary of State under article 4 has expired and no such report has been made;
b
the Secretary of State decides to accept an undertaking or group of undertakings under paragraph 3 of Schedule 2 instead of making a reference under article 5;
c
the Secretary of State otherwise decides not to make a reference under article 5;
d
the Commission cancels such a reference under article 7(1) or article 11(1);
e
the time within which the Commission is to prepare a report under article 8 and give it to the Secretary of State has expired and no such report has been prepared and given to the Secretary of State;
f
the time within which the Secretary of State is to make and publish a decision under article 12(2) has expired and no such decision has been made and published;
g
the Secretary of State decides under paragraph (2) of article 12 otherwise than as mentioned in paragraph (6) of that article;
h
the Secretary of State decides under paragraph (2) of article 12 as mentioned in paragraph (6) of that article but decides neither to accept an undertaking under paragraph 9 of Schedule 2 nor to make an order under paragraph 11 of that Schedule; or
i
the Secretary of State decides under paragraph (2) of article 12 as mentioned in paragraph (6) of that article and accepts an undertaking under paragraph 9 of Schedule 2 or makes an order under paragraph 11 of that Schedule.
3
The time when a matter to which a European intervention notice relates is finally determined is —
a
in a case falling within paragraph (2)(a), (e) or (f), the expiry of the time concerned;
b
in a case falling within paragraph (2)(b), the acceptance of the undertaking or group of undertakings concerned;
c
in a case falling within paragraph (2)(c), (d) or (g), the making of the decision concerned;
d
in a case falling within paragraph (2)(h), the making of the decision neither to accept an undertaking under paragraph 9 of Schedule 2 nor to make an order under paragraph 11 of that Schedule; and
e
in a case falling within paragraph (2)(i), the acceptance of the undertakings concerned or (as the case may be) the making of the order concerned.
Initial investigation and report by OFT
4
1
Paragraph (2) applies where the Secretary of State has given a European intervention notice in relation to a relevant merger situation under section 67 of the Act.
2
The OFT shall, within such period as the Secretary of State may require, give a report to the Secretary of State in relation to the case.
3
The report shall contain —
a
advice from the OFT on the considerations relevant to the making of a reference under section 22 or 33 of the Act which are also relevant to the Secretary of State’s decision as to whether to make a reference under article 5; and
b
a summary of any representations about the case which have been received by the OFT and which relate to any public interest consideration mentioned in the European intervention notice concerned and which is or may be relevant to the Secretary of State’s decision as to whether to make a reference under article 5.
4
The report shall include a decision as to whether the OFT believes that it is, or may be, the case that a European relevant merger situation has been created or (as the case may be) arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a European relevant merger situation.
5
The report may, in particular, include advice and recommendations on any public interest consideration mentioned in the European intervention notice concerned and which is or may be relevant to the Secretary of State’s decision as to whether to make a reference under article 5.
6
The OFT shall carry out such investigations as it considers appropriate for the purpose of producing a report under this article.
Power of Secretary of State to refer the matter
5
1
Paragraphs (2) and (3) apply where the Secretary of State —
a
has given a European intervention notice in relation to a relevant merger situation; and
b
has received a report of the OFT under article 4 in relation to the matter.
2
The Secretary of State may make a reference to the Commission if she believes that it is or may be the case that —
a
a European relevant merger situation has been created;
b
one or more than one public interest consideration mentioned in the European intervention notice is relevant to a consideration of the European relevant merger situation concerned; and
c
taking account only of the relevant public interest consideration or considerations concerned, the creation of that situation operates or may be expected to operate against the public interest.
3
The Secretary of State may make a reference to the Commission if she believes that it is or may be the case that —
a
arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a European relevant merger situation;
b
one or more than one public interest consideration mentioned in the European intervention notice is relevant to a consideration of the European relevant merger situation concerned; and
c
taking account only of the relevant public interest consideration or considerations concerned, the creation of that situation operates or may be expected to operate against the public interest.
4
No reference shall be made under this article if the making of the reference is prevented by section 69(1) of the Act or paragraph 4 of Schedule 2.
5
The Secretary of State, in deciding whether to make a reference under this article, shall accept the decision of the OFT included in its report under article 4 by virtue of paragraph (4) of that article.
6
Where the decision to make a reference under article 5 is made at any time on or after the end of the period of 24 weeks beginning with the giving of the European intervention notice concerned, the Secretary of State shall, in deciding whether to make such a reference, disregard any public interest consideration which is mentioned in the European intervention notice but which has not been finalised before the end of that period.
7
The Secretary of State may, if she believes that there is a realistic prospect of the public interest consideration mentioned in paragraph (6) being finalised within the period of 24 weeks beginning with the giving of the European intervention notice concerned, delay deciding whether to make the reference concerned until the public interest consideration is finalised or, if earlier, the period expires.
8
A reference under this article shall, in particular, specify —
a
the paragraph of this article under which it is made;
b
the date on which it is made; and
c
the public interest consideration or considerations mentioned in the European intervention notice concerned which the Secretary of State is not under a duty to disregard by virtue of paragraph (6) and which she believes are or may be relevant to a consideration of the relevant merger situation concerned.
Questions to be decided on references under article 5
6
1
The Commission shall, on a reference under article 5(2), decide whether a European relevant merger situation has been created.
2
The Commission shall, on a reference under article 5(3), decide whether arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a European relevant merger situation.
3
If the Commission decides that a European relevant merger situation has been created, or that arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a European relevant merger situation, it shall, on a reference under article 5, decide whether, taking account only of the admissible public interest consideration or considerations concerned, the creation of that situation operates or may be expected to operate against the public interest.
4
The Commission shall, if it has decided on a reference under article 5 that the creation of a European relevant merger situation operates or may be expected to operate against the public interest, decide the following additional questions —
a
whether action should be taken by the Secretary of State under article 12 for the purpose of remedying, mitigating or preventing any of the effects adverse to the public interest which have resulted from, or may be expected to result from, the creation of the European relevant merger situation concerned;
b
whether the Commission should recommend the taking of other action by the Secretary of State or action by persons other than itself and the Secretary of State for the purpose of remedying, mitigating or preventing any of the effects adverse to the public interest which have resulted from, or may be expected to result from, the creation of the European relevant merger situation concerned; and
c
in either case, if action should be taken, what action should be taken and what is to be remedied, mitigated or prevented.
5
In this article “admissible public interest consideration” means any public interest consideration which is specified in the reference under article 5 and which the Commission is not under a duty to disregard.
Cancellation or variation of references under article 5
7
1
The Commission shall cancel a reference under article 5(3) if it considers that the proposal to make arrangements of the kind mentioned in the reference has been abandoned.
2
In relation to the question whether a European relevant merger situation has been created or the question whether a European relevant merger situation will be created, a reference under article 5 may be framed so as to require the Commission to exclude from consideration —
a
subsection (1) of section 23 of the Act;
b
subsection (2) of that section; or
c
one of those subsections if the Commission finds that the other is satisfied.
3
In relation to the question whether any such result as is mentioned in section 23(2)(b) of the Act has arisen or the question whether any such result will arise, a reference under article 5 may be framed so as to require the Commission to confine its investigation to the supply of goods or services in a part of the United Kingdom specified in the reference.
4
The Commission may, if it considers that doing so is justified by the facts (including events occurring on or after the making of the reference concerned), treat a reference made under paragraph (2) or (3) of article 5 as if it had been made under paragraph (3) or (as the case may be) (2) of that article; and, in such cases, references in this Order to references under those enactments shall, so far as may be necessary, be construed accordingly.
5
Where by virtue of paragraph (4), the Commission treats a reference made under paragraph (2) or (3) of article 5 as if it had been made under paragraph (3) or (as the case may be) (2) of that article, paragraphs 1, 2, 7 and 8 of Schedule 2, in particular, apply as if the reference had been made under paragraph (3) or (as the case may be) (2) of that article instead of under paragraph (2) or (3) of that article.
6
Paragraph (7) applies in relation to any undertaking accepted under paragraph 1 of Schedule 2, or any order made under paragraph 2 of that Schedule, which is in force immediately before the Commission, by virtue of paragraph (4), treats a reference made under paragraph (2) or (3) of article 5 as if it had been made under paragraph (3) or (as the case may be) (2) of that article.
7
The undertaking or order shall, so far as applicable, continue in force as if it were —
a
in the case of an undertaking or order which relates to a reference under paragraph (2) of article 5, accepted or made in relation to a reference made under paragraph (3) of that article; and
b
in the case of an undertaking or order which relates to a reference made under paragraph (3) of that article, accepted or made in relation to a reference made under paragraph (2) of that article;
and the undertaking or order concerned may be varied, superseded, released or revoked accordingly.
8
The Secretary of State may at any time vary a reference under article 5.
9
The Secretary of State shall consult the Commission before varying any such reference.
10
Paragraph (9) shall not apply if the Commission has requested the variation concerned.
11
No variation by the Secretary of State under this article shall be capable of altering the public interest consideration or considerations specified in the reference or the period permitted by virtue of article 8 within which the report of the Commission under that article is to be prepared and given to the Secretary of State.
Investigations and reports on references under article 5
8
1
The Commission shall prepare a report on a reference under article 5 and give it to the Secretary of State within the period permitted by article 9.
2
The report shall, in particular, contain —
a
the decisions of the Commission on the questions which it is required to answer by virtue of article 6;
b
its reasons for its decisions; and
c
such information as the Commission considers appropriate for facilitating a proper understanding of those questions and of its reasons for its decisions.
3
The Commission shall carry out such investigations as it considers appropriate for the purpose of producing a report under this article.
Time-limits and investigations and reports by Commission
9
1
The Commission shall prepare its report under article 8 and give it to the Secretary of State under that article within the period of 24 weeks beginning with the date of the reference concerned.
2
The Commission may extend, by no more than 8 weeks, the period within which a report under article 8 is to be prepared and given to the Secretary of State if it considers that there are special reasons why the report cannot be prepared and given to the Secretary of State within that period.
3
The Commission may extend the period within which a report under article 8 is prepared and given to the Secretary of State if it considers that a relevant person has failed (whether with or without a reasonable excuse) to comply with any requirement of a notice under section 109 of the Act.
4
In paragraph (3) “relevant person” means —
a
any person carrying on any of the enterprises concerned;
b
any person who (whether alone or as a member of a group) owns or has control of any such person; or
c
any officer, employee or agent of any person mentioned in sub-paragraph (a) or (b).
5
For the purposes of paragraph (4) a person or group of persons able, directly or indirectly, to control or materially to influence the policy of a body of persons corporate or unincorporate, but without having a controlling interest in that body of persons, may be treated as having control of it.
6
An extension under paragraph (2) or (3) shall come into force when published in accordance with article 14.
7
An extension under paragraph (3) shall continue in force until —
a
the person concerned provides the information or documents to the satisfaction of the Commission or (as the case may be) appears as a witness in accordance with the requirements of the Commission; or
b
the Commission publishes its decision to cancel the extension.
Article 9: supplementary
10
1
A period extended under paragraph (2) of article 9 may also be extended under paragraph (3) of that article and a period extended under paragraph (3) of that article may also be extended under paragraph (2) of that article.
2
No more than one extension is possible under article 9(2).
3
Where a period within which a report under article 8 is prepared and given to the Secretary of State is extended or further extended under article 9(2) or (3), the period as extended or (as the case may be) further extended, shall, subject to paragraphs (4) and (5), be calculated by taking the period being extended and adding to it the period of the extension (whether or not those periods overlap in time).
4
Paragraph (5) applies where —
a
the period within which the report under article 8 is to be prepared and given to the Secretary of State is further extended;
b
the further extension and at least one previous extension is made under article 9(3); and
c
the same days or fractions of days are included in or comprise the further extension and are included in or comprise at least one such previous extension.
5
In calculating the period of the further extension, any days or fractions of days of the kind mentioned in paragraph (4)(c) shall be disregarded.
6
Any Regulations made pursuant to section 52(12) of the Act shall apply for the purposes of article 9(7).
Restrictions on action where public interest considerations not finalised
11
1
The Commission shall cancel a reference under article 5 if —
a
the European intervention notice concerned mentions a public interest consideration which was not finalised on the giving of that notice or public interest considerations which, at the time, were not finalised;
b
no other public interest consideration is mentioned in the notice;
c
at least 24 weeks has elapsed since the giving of the notice; and
d
the public interest consideration mentioned in the notice has not been finalised within that period of 24 weeks or (as the case may be) none of the public interest considerations mentioned in the notice has been finalised within that period of 24 weeks.
2
Where a reference to the Commission under article 5 specifies a public interest consideration which has not been finalised before the making of the reference, the Commission shall not give its report to the Secretary of State under article 8 in relation to that reference unless —
a
the period of 24 weeks beginning with the giving of the European intervention notice has expired; or
b
the public interest consideration has been finalised.
3
The Commission shall, in reporting on any of the questions mentioned in article 6(3) and (4), disregard any public interest consideration which was not finalised on the giving of the European intervention notice and has not been finalised within the period of 24 weeks beginning with the giving of the notice concerned.
4
Paragraphs (1) to (3) are without prejudice to the power of the Commission to carry out investigations in relation to any public interest consideration to which it might be able to have regard in its report.
Decision and enforcement by Secretary of State
12
1
Paragraph (2) applies where the Secretary of State has received a report of the Commission under article 8 in relation to a European relevant merger situation.
2
The Secretary of State shall, in connection with a reference under article 5(2) or (3), decide the questions which the Commission is required to decide by virtue of article 6(1) to (3).
3
The Secretary of State shall publish her decision under paragraph (2) within a period of 30 days beginning with the receipt of the report of the Commission under article 8.
4
In making her decisions under paragraph (2), the Secretary of State shall disregard any public interest consideration not specified in the reference under article 5 and any public interest consideration disregarded by the Commission for the purposes of its report.
5
In making her decisions under paragraph (2), the Secretary of State shall accept the decisions of the report of the Commission under article 8 as to whether a European relevant merger situation has been created or whether arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a European relevant merger situation.
6
Paragraph (7) applies where the Secretary of State has decided under paragraph (2) that —
a
a European relevant merger situation has been created or arrangements are in progress or in contemplation which, if carried into effect, will result in the creation of a European relevant merger situation;
b
at least one public interest consideration which is mentioned in the European intervention notice concerned is relevant to a consideration of the European relevant merger situation concerned; and
c
taking account only of the relevant public interest consideration or considerations concerned, the creation of that situation operates or may be expected to operate against the public interest;
and has so decided, and published her decision, within the period required by paragraph (3).
7
The Secretary of State may take such action under paragraph 9 or 11 of Schedule 2 as she considers reasonable and practicable to remedy, mitigate or prevent any of the effects adverse to the public interest which have resulted from, or may be expected to result from, the creation of the European relevant merger situation concerned.
8
In making a decision under paragraph (7), the Secretary of State shall, in particular, have regard to the report of the Commission under article 8.
9
In determining for the purpose of paragraph (3) the period of 30 days no account shall be taken of —
a
Saturday, Sunday, Good Friday and Christmas Day; and
b
any day which is a bank holiday in England and Wales.
Enforcement action in European intervention notice cases
13
1
Schedule 2 (which provides for enforcement action in European intervention notice cases) shall have effect.
2
The OFT may advise the Secretary of State in relation to the taking by her of enforcement action under Schedule 2.
Publicity requirements
14
1
The Commission shall publish —
a
any cancellation made by it under article 7(1) of a reference under article 5;
b
any extension by it under article 9 of the period within which a report under article 8 is to be prepared and published;
c
any decision made by it under article 9(7)(b) to cancel such an extension; and
d
any decision made by it under article 7(4) to treat a reference made under paragraph (2) or (3) of article 5 as if it had been made under paragraph (3) or (as the case may be) (2) of that article.
2
The Secretary of State shall publish —
a
any European intervention notice given by her;
b
any report of the OFT under article 4 which has been received by her;
c
any reference made by her under article 5 or any decision made by her not to make a reference;
d
any variation by her under article 7 of a reference under article 5;
e
any report of the Commission under article 8 which has been received by her;
f
any decision made by her neither to accept an undertaking under paragraph 9 of Schedule 2 nor to make an order under paragraph 11 of that Schedule;
g
any enforcement undertaking accepted by her under paragraph 1 of Schedule 2;
h
any variation or release of such an undertaking;
i
any decision made by her as mentioned in paragraph 6(6)(b) of Schedule 2; and
j
any decision to dispense with the requirements of Schedule 10 of the Act.
3
Where any person is under a duty by virtue of paragraphs (1) or (2) to publish the result of any action taken by that person or any decision made by that person, the person concerned shall, subject to paragraph (4), also publish that person’s reasons for the action concerned or (as the case may be) the decision concerned.
4
Such reasons need not, if it is not reasonably practicable to do so, be published at the same time as the result of the action concerned or (as the case may be) as the decision concerned.
5
The Secretary of State shall publish her reasons for any decision made by her under article 12(2).
6
Such reasons may be published after the publication of the decision concerned if it is not reasonably practicable to publish them at the same time as the publication of the decision.
7
The Secretary of State shall publish —
a
the report of the OFT under article 4 in relation to a matter no later than publication of her decision as to whether to make a reference under article 5 in relation to that matter; and
b
the report of the Commission under article 8 in relation to a matter no later than publication of her decision under article 12(2) in relation to that matter.
8
Where the Secretary of State has decided under article 12(7) to accept an undertaking under paragraph 9 of Schedule 2 or to make an order under paragraph 11 of that Schedule, she shall (after the acceptance of the undertaking or (as the case may be) the making of the order) lay details of her decision and her reasons for it, and the Commission’s report under article 8, before each House of Parliament.
Other provisions of the Act applicable to this Order
15
The other provisions of the Act mentioned in Schedule 3 shall apply for the purposes of this Order with the modifications mentioned in that Schedule.
Consequential amendments
16
Schedule 4 (which contains consequential amendments) shall have effect.
Gerry Sutcliffe,
Parliamentary Under-Secretary of State for Employment Relations, Competition and Consumers,
Department of Trade and Industry
17th June 2003