text:
Citation, interpretation and application
1
1
This Order may be cited as the Community Care (Delayed Discharges etc.) Act 2003 (Commencement No.1) (England) 2003.
2
In this Order —
“ the Act ” means the Community Care (Delayed Discharges etc.) Act 2003.
3
This Order applies to England only.
Appointed day
2
1
4th September 2003 is the day appointed for the coming into force of the following provisions of the Act —
a
section 1(1) and (2);
b
section 3(3) and (5);
c
section 5(7), (8) and (10);
d
section 6(7);
e
section 7(1) and (3);
f
section 9(1) and (3) to (6);
g
sections 10, 11 and 12;
h
for the purpose only of the exercise of any power to make regulations, section 6(2) and section 9(2).
2
1st October 2003 is the day appointed for the coming into force of the following provisions of the Act —
a
in so far as they are not already in force, sections 1, 3, 5 and 9(2);
b
sections 2, 4, 8 and 13.
3
5th January 2004 is the day appointed for the coming into force of the following provisions of the Act —
a
section 6(1) and (3) to (6);
b
section 6(2), in so far as it is not already in force;
c
section 7(2).
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
3rd September 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Environmental Protection (Controls on Hexachloroethane) Regulations 2003 and shall come into force on 30th June 2003.
2
These Regulations extend to Great Britain.
Interpretation
2
Expressions used in these Regulations which are also used in Council Directive 76/769/ EC on the approximation of the laws, regulations and administrative provisions of the Member States relating to restrictions on the marketing and use of certain dangerous substances and preparations , as last amended by Commission Directive 2001/91/EC shall have the meaning they bear in that Directive.
Prohibition on the use of hexachloroethane in the manufacturing and processing of non-ferrous metals
3
Subject to regulation 4, no person shall use hexachloroethane in the manufacturing or processing of non-ferrous metals.
Exception to the prohibition
4
Hexachloroethane may be used in the manufacturing or processing of non-ferrous metals for research and development or analysis purposes.
Offences and penalties
5
1
Any person who contravenes regulation 3, or causes or permits another person to contravene that regulation, shall be guilty of an offence.
2
Any person guilty of an offence under paragraph (1) shall be liable, on summary conviction, to a fine not exceeding level 5 on the standard scale and, on conviction on indictment, to a fine.
3
Where an offence under paragraph (1) committed by a body corporate is proved —
a
to have been committed with the consent or connivance of an officer, or
b
to be attributable to any neglect on his part,
the officer as well as the body corporate shall be guilty of that offence and liable to be proceeded against and punished accordingly.
4
In paragraph (3) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
5
If the affairs of a body corporate are managed by its members, paragraph (3) shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
6
Where an offence under paragraph (1) committed by a partnership in Scotland is proved —
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on his part,
the partner as well as the partnership shall be guilty of that offence and liable to be proceeded against and punished accordingly.
7
In paragraph (6) “partner” includes a person purporting to act as a partner.
Revocation
6
The Environmental Protection (Controls on Hexachlorethane) Regulations 1998 are revoked.
Michael Meacher
Minister of State,
Department for Environment, Food and Rural Affairs
10th March 2003


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Independent School Standards) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply to any independent school, except that —
a
paragraphs 1, 3(2)(d), 6(2)(f),(g),(i) and (k) and 6(7) of the Schedule shall not apply to an Academy; and
b
paragraphs 1, 3(9), 6(2)(f),(g),(i) and (k), 6(5) and 6(7) of the Schedule shall not apply to a city technology college or a city college for the technology of the arts.
Interpretation
4
In these Regulations —
“the 1996 Act ” means the Education Act 1996 ;
“the 2002 Act ” means the Education Act 2002;
“city technology college” or “city college for the technology of the arts” means a school established under section 482 of the 1996 Act before 26th July 2002 which is not an Academy;
“fire authority” means the statutory body defined in section 4 of the Fire Services Act 1947 , in section 328 of the Greater London Authority Act 1999 or in section 26 of the Local Government Act 1985 ;
“school” means an independent school;
“staff” means those people working at the school whether under a contract of employment, under a contract for services or as a volunteer; and
“statement” means a statement of special educational needs made under section 324 of the 1996 Act.
5
The requirements set out in the Schedule are the independent school standards for the purposes of Part 10 of the 2002 Act.
David Miliband
Minister of State,
Department for Education and Skills
25th July 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions at Key Stage 4) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply in relation to maintained schools in England.
Revocation
2
The Education (National Curriculum) (Exceptions at Key Stage 4) Regulations 2000 , and the Education (National Curriculum) (Exceptions at Key Stage 4) (Amendment) Regulations 2002 are hereby revoked.
Interpretation
3
1
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“the 1996 Act ” means the Education Act 1996;
“approved qualification” means a qualification approved under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act;
“curriculum plan” has the meaning given by regulation 4;
“key skills” has the meaning given by regulation 5;
“Key Stage 4” is to be construed in accordance with section 82(1) of the 2002 Act;
“maintained school” means a community, foundation or voluntary school or a community or foundation special school;
“school”, in relation to any pupil, means the school at which he is registered under section 434 of the 1996 Act; and
“extended work-related learning programme” has the meaning given by regulation 6.
2
In these Regulations references to the head teacher include references to a person nominated by him.
Curriculum Plan
4
In these Regulations a curriculum plan is a plan which sets out —
a
the contents of the curriculum to be provided for a pupil; and
b
the National Curriculum subjects to be disapplied in Key Stage 4;
with the aim of ensuring that the pupil receives an appropriate, broad and balanced curriculum.
Key Skills
5
In these Regulations “key skills” means those skills known as —
a
application of number;
b
communication;
c
information technology;
d
working with others;
e
improving own learning and performance; and
f
problem solving,
which are taken into account by the Secretary of State in approving qualifications under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act.
Extended Work-related Learning Programme
6
In these Regulations an extended work-related learning programme is a programme which —
a
offers pupils experience of the working environment and working practices;
b
provides pupils with the opportunity to develop literacy, numeracy and key skills through such experience;
c
is designed to complement the education being provided to pupils through the remainder of the curriculum which they are studying at school;
d
contributes, so far as is practicable, towards approved qualifications, whether vocational or not; and
e
cannot be provided alongside the full National Curriculum at Key Stage 4.
Disapplication of the National Curriculum
7
1
The provisions of the National Curriculum specified in this regulation shall not apply to a pupil at Key Stage 4 in the following circumstances —
a
the pupil is participating in an extended work-related learning programme; or
b
the pupil, in the opinion of the head teacher, would benefit educationally from their disapplication.
2
The head teacher may determine in the case of a pupil to whom paragraph 1(a) applies that the provisions of the National Curriculum regarding one or two of the following subjects should not apply to him:
a
modern foreign language;
b
design and technology;
c
science.
3
The head teacher may determine in the case of a pupil to whom paragraph 1(b) applies that the requirements of the National Curriculum regarding one or both of the following subjects should not apply to him:
a
modern foreign language;
b
design and technology.
4
In no circumstances shall these Regulations permit a pupil to have more than two of the subjects referred to in paragraph (2) disapplied in relation to him.
Criteria to be satisfied before disapplication of the National Curriculum
8
1
Before a decision is made to disapply the National Curriculum, a head teacher shall —
a
satisfy himself that the educational benefits to the pupil of disapplication of the National Curriculum outweigh any disadvantages he may suffer as a result of not studying the full National Curriculum;
b
agree the proposed disapplication with the pupil and his parents; and
c
in relation to disapplication under regulation 7(1)(a), ensure that a guidance interview with the pupil has taken place.
2
When a decision to disapply the National Curriculum has been made in respect of a pupil the head teacher shall:
a
agree a curriculum plan with the pupil and his parents;
b
ensure that the pupil’s entitlement to study a broad curriculum is maintained and his opportunities for continuing his studies beyond Key Stage 4 are safeguarded.
3
The reference to a guidance interview in paragraph (1) means an interview between the pupil and an impartial and informed adult which enables the pupil to consider and discuss his ambitions for his future education and training and which enables guidance to be given to him regarding the curriculum plan and the implications for him of the disapplication of the National Curriculum.
Additional criteria to be satisfied for the purposes of regulation 7(1)(a)
9
Where the National Curriculum is being disapplied in the circumstances set out in regulation 7(1)(a), the head teacher shall —
a
ensure that, as far as practicable, the pupil’s timetable is arranged and preparatory work is carried out so as to ensure that the requirements of his curriculum plan are met; and
b
make arrangements to monitor attendance, progress and achievements of the pupil.
Modification of statutory programmes of study for National Curriculum subjects
10
A head teacher may modify programmes of study in modern foreign language, design and technology or science to provide pupils with courses leading to qualifications specified for this purpose under section 98 of the Learning and Skills Act 2000 for the purposes of section 96 of that Act .
David Miliband
Minister of State
Department for Education and Skills
5th February 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the General Teaching Council for England (Deduction of Fees) (Amendment) Regulations 2003 and shall come into force on 1st May 2003.
2
These Regulations shall only apply in relation to England.
Amendment to the General Teaching Council for England (Deduction of Fees) Regulations 2001
2
The General Teaching Council for England (Deduction of Fees) Regulations 2001 shall be amended in accordance with regulations 3 and 4.
3
For regulation 6 substitute the following —
Supply of information
6
1
An employer shall notify the Council of such particulars mentioned in the Schedule as may be requested by the Council of teachers employed by that employer and who are registered in the Register or required as a consequence of their employment to be registered in the Register by virtue of section 218(1)(aa) of the 1988 Act.
2
An employer shall notify the Council of the particulars in paragraph (1) within 2 months of the request.
3
An employer, where he has deducted (or arranged for the deduction of) a fee under regulation 4 in respect of a teacher, shall notify the Council of such particulars mentioned in the Schedule as may be requested by the Council by the 19th day of the month following the deduction.
.
4
After paragraph 6 of the Schedule insert the following new paragraph —
7
The number, reference or other identifier of the school at which the teacher is employed to teach assigned by the local education authority maintaining that school.
.
David Miliband
Minister of State
Department for Education and Skills
27th March 2003


text:
Citation
1
This order may be cited as the Income Tax (Indexation) ( No. 2) Order 2003.
Amounts of personal allowance, married couple’s allowance and blind person’s allowance for 2004-05
2
1
The amounts which, unless Parliament otherwise determines, will be treated by virtue of sections 257C(1) and 265(1A) of the Income and Corporation Taxes Act 1988 as specified for the year 2004-05 in sections 257 and 257A , and 265 of that Act are set out in paragraphs (2) to (4) below.
2
In section 257 of that Act (personal allowance) —
a
in subsection (1) (personal allowance) — £4,745;
b
in subsection (2) (personal allowance – age 65-74) — £6,800;
c
in subsection (3) (personal allowance – age 75 and over) — £6,910;
d
in subsection (5) (income limit for age-related allowances) — £18,900.
3
In section 257A of that Act (married couple’s allowance) —
a
in subsection (2) (married couple’s allowance – age 69 to 74 and born before 6th April 1935) — £5,725;
b
in subsection (3) (married couple’s allowance – age 75 and over) — £5,795;
c
in subsection (5) (income limit for age-related married couple’s allowance — £18,900;
d
in subsection (5A) (minimum married couple’s allowance) — £2,210.
4
In section 265(1) of that Act (blind person’s allowance) — £1,560.
Jim Murphy
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 2003


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Medicines (Products for Animal Use — Fees) (Amendment) Regulations 2003, and shall come into force on 18th December 2003.
2
In these Regulations, “the principal Regulations ” means the Medicines (Products for Animal Use — Fees) Regulations 1998 .
Amendment of regulations 2, 3, 12 to 17 and 19 of the Medicines (Products for Animal Use — Fees) Regulations 1998
2
1
Regulations 2, 3, 12 to 17 and 19 of the principal Regulations shall be amended as specified in this regulation.
2
In regulation 2 (Interpretation) —
a
paragraph (1) shall be amended in accordance with Schedule 1 to these Regulations.
b
for paragraph (2) substitute:
2
Other expressions used in these Regulations have the same meaning as in the Act and the 1971 Act, and, in the case of variations to marketing authorisations other than mutually recognised marketing authorisations, as in Directive 851/81/ EEC and Regulation (EC) No 541/95 , but in all other cases, as in Directive 2001/82/EC and Regulation (EC) No 1084/2003 .
.
3
For regulation 3, substitute:
Applications for the grant of marketing authorisations, product licences, manufacturer’s licences, wholesale dealer’s licences, animal test certificates and export certificates
3
1
Where a person applies for the grant of a marketing authorisation, a product licence, a manufacturer’s licence, a wholesale dealer’s licence, an animal test certificate or an export certificate, he shall pay the relevant fee prescribed in Part II of Schedule 1.
2
Where a person requests from the licensing authority a certified copy of an export certificate which he has been or is to be granted, he shall pay the fee prescribed in Part II of Schedule 1, paragraph 10.
3
Paragraph (1) shall not be taken to impose any obligation on an applicant for a new marketing authorisation or product licence falling within regulation 11(2) or on an applicant for a variation with extras.
Specific batch control
3A
Where the holder of a marketing authorisation (other than a mutually recognised marketing authorisation) or of an animal test certificate requests the licensing authority to undertake specific batch control in respect of a batch of a veterinary medicinal product, he shall pay a fee of £475.
4
In regulation 12 (manufacturer’s licences: annual fees), for “an annual fee of £215”, substitute “an annual fee of £220”.
5
In regulation 13 (wholesale dealer’s licences: annual fees),
a
in paragraph (1), for “£430”, substitute “£445”; and
b
in paragraph (2), for “£215”, substitute “£220”.
6
In regulation 14 (registration of homoeopathic veterinary medicinal products),
a
in paragraph (2), for “£80”, substitute “£85”; and
b
in paragraph (3), for “£95”, substitute “£100”.
7
In regulation 15 (marketing authorisations, product licences and animal test certificates: fees for references to the Veterinary Products Committee or to the Medicines Commission),
a
in paragraph (a), after “renewal of an animal test certificate”, delete “or” ,
b
in paragraph (b) after “renewal of a marketing authorisation,”, insert “or”, and
c
insert a new paragraph as follows:
c
in relation to an application for a variation with extras insofar as it falls within regulation 9 of the 1994 Regulations,
.
8
Regulation 16 (payment of fees) shall be amended as follows:
a
in paragraph (1) for “the Minister of Agriculture, Fisheries and Food”, substitute “the Secretary of State for Environment, Food and Rural Affairs”;
b
in paragraph (2) delete “or the Minister of Agriculture, Fisheries and Food as may be indicated on the written notice requiring payment referred to in regulation 17(2)”.
9
In regulation 17 (time for payment of fees) —
a
in paragraph (4) —
i
for “Regulation (EC) No 541/95 ,” substitute “ Regulation (EC) 1084/2003 ”;
ii
for “a marketing authorisation, or” substitute “a marketing authorisation, animal test certificate, export certificate or request for a certified copy of an export certificate, or”; and
iii
for “Directive 81/851/EEC ” substitute “Directive 2001/82/EC ”.
b
after paragraph (5), insert:
5A
the licensing authority need not undertake specific batch control if the person who requests it has not paid or caused to be paid the fee required under these Regulations.
5B
Nothing in paragraph (5A) shall be construed as preventing the licensing authority from fulfilling its obligations to observe the duties imposed on member States under Articles 81 or 83 of Directive 2001/82/EC .
.
10
In regulation 19(2), for “Directive 81/851/EEC ” substitute “Directive 2001/82/EC ”.
Amendment of the Schedules to the Medicines (Products for Animal Use — Fees) Regulations 1998
3
1
The Schedules to the principal Regulations shall be amended as specified in this regulation.
2
In Schedule 1 —
a
Part I (interpretation of Schedule 1) shall be amended in accordance with Schedule 2 to these Regulations;
b
Part II (Fees Relating to Applications for the Grant of Marketing Authorisations, Product Licences, Manufacturer’s Licences, Wholesale Dealer’s Licences and Animal Test Certificates) shall be amended —
i
in its heading by substituting for “and Animal Test Certificates” the phrase “Animal Test Certificates and Export Certificates”;
ii
in paragraphs 2 and 3, by substituting for the phrase “Article 15.2 marketing authorisation” wherever it appears, the phrase “Article 26.3 marketing authorisation”;
iii
by substituting the following for the text in paragraph (8) (animal test certificates):
The fee for an Animal Test Certificate — Type A application is £290, and the fee for an Animal Test Certificate — Type B application is £700.
and
iv
after paragraph 9 by adding the following new paragraph:
Export Certificates
10
The fee for an application for an export certificate is £25 and, for the supply of a certified copy of the original certificate, £10.
;
c
Part IV shall be amended —
i
in paragraph 3 (mutually recognised marketing authorisations), Table F, by substituting for Column (1) of that Table, Column (1) of the Table set out in Schedule 3 to these Regulations, and by substituting for the fees set out in Table F, the new fees set out in Columns (2) and (3) of the Table set out in Schedule 3 to these Regulations;
ii
by substituting for paragraph 4 the following:
4
1
The fee for an application for a connected variation shall, in respect of each connected variation to which the application relates, be £1,515 per individual variation where the United Kingdom is acting as the Reference Member State and £230 per individual variation where the United Kingdom is not acting as Reference Member State.
2
In this paragraph a connected variation means a variation of a kind described in an entry in column (1) of Table F of a mutually recognised marketing authorisation which is connected to a proposed variation of another such authorisation for which a fee is paid in pursuance of paragraph 3, and where —
a
the same data is relied on for both the connected variation and the proposed variation, and
b
the same applicant applies for the connected variation and the proposed variation.
d
for Part V, paragraph 4 (Article 15.2 marketing authorisations) substitute the following —
Article 26.3 marketing authorisations
4
Where an Article 26.3 marketing authorisation is renewed, no fee is payable in respect of the first such renewal.
.
3
In Schedule 3 in Part II (Calculation of Annual Fees), in paragraph 1, for “£280”, substitute “£290”.
4
In Schedule 5 (Fees Relating to Applications for Registration of Homoeopathic Veterinary Medicinal Products) —
a
in Part I (Interpretation) —
i
delete the definition “the Homoeopathics Directive”;
ii
in the definition “homoeopathic stock”, for “the Homoeopathics Directive” substitute “Article 1.8 of Directive 2001/82/EC ;” and
b
in Part II (Fees Relating to Applications for Registration), paragraph 2(b), for “Article 6 of the Homoeopathics Directive” substitute “Article 16 of Directive 2001/82/EC ”.
5
In Schedule 6 (“Marketing Authorisations, Product Licences and Animal Test Certificates: Fees for references to the Veterinary Products Committee or to the Medicines Commission”), after paragraph 2, add the following new paragraph —
2A
The fee payable under regulation 15(c) for a reference to the Veterinary Products Committee in connection with an application for a variation with extras insofar as it falls within regulation 9 of the 1994 Regulations shall be £960.
.
6
In Schedule 7, paragraph 4(1)(c) for “Article 9 of Directive 81/851/EEC ” substitute “Article 23 of Directive 2001/82/EC ”.
7
The provisions of the principal Regulations as to fees which are set out in column (1) of Schedule 4 to these Regulations shall be amended by substituting for the corresponding old fee, set out in column (3), the new fee set out alongside it in column (4) of that Schedule.
Transitional arrangements
4
1
Subject to paragraphs (2), (3) and (4), these Regulations shall not apply in respect of any application made before these Regulations come into force or in respect of annual fees based on turnover in a past calendar year.
2
The fee for any inspection made after these Regulations come into force in connection with any application made before they come into force is the fee specified in these Regulations.
3
The fee for the renewal of a marketing authorisation, licence or certificate is the fee payable at the time the renewal is due.
4
These regulations apply in respect of annual fees which are calculated on turnover in the calendar year 2002 and which remain payable.
Ben Bradshaw
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
14th November 2003
Sealed with the Official Seal of the Department of Health, Social Services and Public Safety
D. Kenny
A Senior Officer of the
Department of Health, Social Services and Public Safety
12th November 2003
Sealed with the Official Seal of the Department of Agriculture and Rural Development
Pat Toal
Permanent Secretary,
Department of Agriculture and Rural Development
11th November 2003
We consent
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
17th November 2003


text:
Citation and Commencement
1
These Regulations may be cited as the Tax Credits (Employer Penalty Appeals) Regulations 2003 and shall come into force on 18th June 2003.
Interpretation
2
In these Regulations —
“ the Act ” means the Taxes Management Act 1970 ; and
“employer penalty” has the meaning given in section 63(11) of the Tax Credits Act 2002.
Part 5 of the Taxes Management Act
3
Part 5 of the Act (appeals to Commissioners) applies to an appeal under section 38 of the Tax Credits Act 2002 against an employer penalty subject to the modifications set out in these Regulations.
4
In section 44 of the Act (General Commissioners) —
a
for subsection (1) substitute —
1
Proceedings before the General Commissioners in relation to an appeal against an employer penalty (as defined in section 63(11) of the Tax Credits Act 2002) shall, subject to the provisions of this section, be brought before the General Commissioners for the division in which the employer’s place of business is situated.
1A
In this section “employer’s place of business” means —
a
the place where the trade, profession, vocation or business of the employer is carried on, or
b
if the trade, profession, vocation or business of the employer is carried on at more than one place, the head office or the place where it is mainly carried on.
;
b
for the words “under the Taxes Acts” in each place where they occur, substitute “in relation to an appeal against an employer penalty (as defined in section 63(11) of the Tax Credits Act 2002)”;
c
in subsection (4) omit “, whether by a case stated under section 56 of this Act or otherwise,”; and
d
in subsection (5) omit “by the Taxes Acts or”.
5
In section 46 of the Act (General and Special Commissioners) —
a
in subsection (1) for “or other proceedings under the Taxes Act or Part II of the Social Security Contributions (Transfer of Functions, etc ) Act 1999 or by Part III of the Social Security Contributions (Transfer of Functions, etc) (Northern Ireland) Order 1999” substitute “against an employer penalty (as defined in section 63(11) of the Tax Credits Act 2002)”; and
b
in subsection (2) —
i
omit “in the Taxes Acts or”; and
ii
for the words “under the Taxes Acts” substitute “in relation to an appeal against an employer penalty (as defined in section 63(11) of the Tax Credits Act 2002)”.
6
In section 46A of the Act (regulations about jurisdiction) —
a
in subsection (1) for the words “or other proceedings under the Taxes Acts”, in each place where they occur, substitute “against an employer penalty (as defined in section 63(11) of the Tax Credits Act 2002)”; and
b
omit subsection (1A).
7
In section 48 of the Act —
a
in subsection (1) for the definition of appeal substitute —
“appeal” means an appeal against an employer penalty (as defined in section 63(11) of the Tax Credits Act 2002) to the General Commissioners or to the Special Commissioners;
; and
b
omit subsection (2).
8
In section 49(1) of the Act, for the words “an inspector or the Board”, in each place where they occur, substitute “an officer of the Board”.
9
In section 54 of the Act —
a
in subsection (1) for the words “discharged or cancelled” substitute “set aside” and for the words “had discharged or cancelled it” substitute “had set it aside”;
b
for the words “the inspector or other proper officer of the Crown” and the words “the inspector or other proper officer”, in each place where they occur, substitute “the officer of the Board”; and
c
omit the words “assessment or” in each place where they occur.
10
Omit sections 53, 56, 56A and 58 of the Act.
Nick Montagu
Michael Johns
Two of the Commissioners of Inland Revenue
23rd May 2003
The Lord Chancellor consents to the making of these Regulations
Signed by the authority of the Lord Chancellor
Rosie Winterton
Parliamentary Secretary
Lord Chancellor’s Department
10th May 2003
The Scottish Ministers consent to the making of these Regulations
Cathy Jamieson
Minister for Justice, A member of the Scottish Executive
21st May 2003


text:
Introduction
Citation, commencement and interpretation
1
1
This Order may be cited as the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003.
2
This Order extends to England and Wales only.
3
This Order shall come into force at the end of the period of 6 months beginning with the day on which it is made.
4
In this Order, “ the Act ” means the Landlord and Tenant Act 1954 .
Amendment of the Landlord and Tenant Act 1954
2
The Act shall be amended as follows.
Applications to court by landlord or tenant
Amendments to section 24
3
1
In section 24(1) (continuation of business tenancies), for the words “provisions of section twenty-nine of this Act, the tenant under such a tenancy may apply to the court for” substitute the words “following provisions of this Act either the tenant or the landlord under such a tenancy may apply to the court for an order for the grant of”.
2
Insert the following subsections after section 24(2) —
2A
Neither the tenant nor the landlord may make an application under subsection (1) above if the other has made such an application and the application has been served.
2B
Neither the tenant nor the landlord may make such an application if the landlord has made an application under section 29(2) of this Act and the application has been served.
2C
The landlord may not withdraw an application under subsection (1) above unless the tenant consents to its withdrawal.
.
Amendments to section 25
4
1
Omit section 25(5) (requirement for tenant to notify landlord whether he is willing to give up possession).
2
For section 25(6) substitute —
6
A notice under this section shall not have effect unless it states whether the landlord is opposed to the grant of a new tenancy to the tenant.
7
A notice under this section which states that the landlord is opposed to the grant of a new tenancy to the tenant shall not have effect unless it also specifies one or more of the grounds specified in section 30(1) of this Act as the ground or grounds for his opposition.
8
A notice under this section which states that the landlord is not opposed to the grant of a new tenancy to the tenant shall not have effect unless it sets out the landlord’s proposals as to —
a
the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy);
b
the rent to be payable under the new tenancy; and
c
the other terms of the new tenancy.
.
Landlord’s application to terminate tenancy
5
For section 29 (order by court for grant of a new tenancy) and the cross-heading immediately preceding it substitute —
Applications to court
Order by court for grant of new tenancy or termination of current tenancy
29
1
Subject to the provisions of this Act, on an application under section 24(1) of this Act, the court shall make an order for the grant of a new tenancy and accordingly for the termination of the current tenancy immediately before the commencement of the new tenancy.
2
Subject to the following provisions of this Act, a landlord may apply to the court for an order for the termination of a tenancy to which this Part of this Act applies without the grant of a new tenancy —
a
if he has given notice under section 25 of this Act that he is opposed to the grant of a new tenancy to the tenant; or
b
if the tenant has made a request for a new tenancy in accordance with section 26 of this Act and the landlord has given notice under subsection (6) of that section.
3
The landlord may not make an application under subsection (2) above if either the tenant or the landlord has made an application under section 24(1) of this Act.
4
Subject to the provisions of this Act, where the landlord makes an application under subsection (2) above —
a
if he establishes, to the satisfaction of the court, any of the grounds on which he is entitled to make the application in accordance with section 30 of this Act, the court shall make an order for the termination of the current tenancy in accordance with section 64 of this Act without the grant of a new tenancy; and
b
if not, it shall make an order for the grant of a new tenancy and accordingly for the termination of the current tenancy immediately before the commencement of the new tenancy.
5
The court shall dismiss an application by the landlord under section 24(1) of this Act if the tenant informs the court that he does not want a new tenancy.
6
The landlord may not withdraw an application under subsection (2) above unless the tenant consents to its withdrawal.
.
Amendments to section 30
6
1
In section 30(1) (grounds of opposition by landlord to renewal of tenancy), for the words “subsection (1) of section twenty-four of this Act” substitute “section 24(1) of this Act, or make an application under section 29(2) of this Act,”.
2
In section 30(2), after the words “oppose an application” insert “under section 24(1) of this Act, or make an application under section 29(2) of this Act,”.
Amendment to section 31
7
In section 31(2) (declaration and order of the court in certain cases where landlord opposes renewal) for the words from the beginning to “any of those grounds” substitute “Where the landlord opposes an application under section 24(1) of this Act, or makes an application under section 29(2) of this Act, on one or more of the grounds specified in section 30(1)(d) to (f) of this Act but establishes none of those grounds, and none of the other grounds specified in section 30(1) of this Act, to the satisfaction of the court, then if the court would have been satisfied on any of the grounds specified in section 30(1)(d) to (f) of this Act”.
Amendment to section 31A
8
In section 31A(1) (grant of new tenancy in some cases where section 30(1)(f) applies), after the words “30(1) of this Act” insert “, or makes an application under section 29(2) of this Act on that ground,”.
Amendment to section 34
9
In section 34(2)(a) (rent under new tenancy), for the words “for the new tenancy” substitute the words “to the court”.
Time limits for applications to court
10
After section 29 insert the following sections —
Time limits for applications to court
29A
1
Subject to section 29B of this Act, the court shall not entertain an application —
a
by the tenant or the landlord under section 24(1) of this Act; or
b
by the landlord under section 29(2) of this Act,
if it is made after the end of the statutory period.
2
In this section and section 29B of this Act “the statutory period” means a period ending —
a
where the landlord gave a notice under section 25 of this Act, on the date specified in his notice; and
b
where the tenant made a request for a new tenancy under section 26 of this Act, immediately before the date specified in his request.
3
Where the tenant has made a request for a new tenancy under section 26 of this Act, the court shall not entertain an application under section 24(1) of this Act which is made before the end of the period of two months beginning with the date of the making of the request, unless the application is made after the landlord has given a notice under section 26(6) of this Act.
Agreements extending time limits
29B
1
After the landlord has given a notice under section 25 of this Act, or the tenant has made a request under section 26 of this Act, but before the end of the statutory period, the landlord and tenant may agree that an application such as is mentioned in section 29A(1) of this Act, may be made before the end of a period specified in the agreement which will expire after the end of the statutory period.
2
The landlord and tenant may from time to time by agreement further extend the period for making such an application, but any such agreement must be made before the end of the period specified in the current agreement.
3
Where an agreement is made under this section, the court may entertain an application such as is mentioned in section 29A(1) of this Act if it is made before the end of the period specified in the agreement.
4
Where an agreement is made under this section, or two or more agreements are made under this section, the landlord’s notice under section 25 of this Act or tenant’s request under section 26 of this Act shall be treated as terminating the tenancy at the end of the period specified in the agreement or, as the case may be, at the end of the period specified in the last of those agreements.
.
Amendment to section 25
11
In section 25(1) (termination of tenancy subject to provisions of Part 4) after “subject to” insert “the provisions of section 29B(4) of this Act and”.
Amendment to section 26
12
In section 26(5) (termination of tenancy subject to section 36(2) and Part 4) for “subsection (2) of section thirty-six” substitute “sections 29B(4) and 36(2)”.
Companies and their controlling shareholders
Amendment to section 23
13
After section 23(1) (tenancies to which Part 2 applies) insert —
1A
Occupation or the carrying on of a business —
a
by a company in which the tenant has a controlling interest; or
b
where the tenant is a company, by a person with a controlling interest in the company,
shall be treated for the purposes of this section as equivalent to occupation or, as the case may be, the carrying on of a business by the tenant.
1B
Accordingly references (however expressed) in this Part of this Act to the business of, or to use, occupation or enjoyment by, the tenant shall be construed as including references to the business of, or to use, occupation or enjoyment by, a company falling within subsection (1A)(a) above or a person falling within subsection (1A)(b) above.
.
Amendments to section 30
14
1
After section 30(1) (opposition by landlord to renewal of tenancy) insert —
1A
Where the landlord has a controlling interest in a company, the reference in subsection (1)(g) above to the landlord shall be construed as a reference to the landlord or that company.
1B
Subject to subsection (2A) below, where the landlord is a company and a person has a controlling interest in the company, the reference in subsection (1)(g) above to the landlord shall be construed as a reference to the landlord or that person.
2
After section 30(2) insert —
2A
Subsection (1B) above shall not apply if the controlling interest was acquired after the beginning of the period of five years which ends with the termination of the current tenancy, and at all times since the acquisition of the controlling interest the holding has been comprised in a tenancy or successive tenancies of the description specified in section 23(1) of this Act.
.
Amendment to section 34
15
After section 34(2) (improvements to which subsection (1)(c) applies) insert —
2A
If this Part of this Act applies by virtue of section 23(1A) of this Act, the reference in subsection (1)(d) above to the tenant shall be construed as including —
a
a company in which the tenant has a controlling interest, or
b
where the tenant is a company, a person with a controlling interest in the company.
.
Amendment to section 42
16
At the end of the first paragraph of section 42(1) (groups of companies) add “or the same person has a controlling interest in both”.
Amendments to section 46
17
1
Section 46 (interpretation of Part 2) shall become section 46(1).
2
After that subsection add —
2
For the purposes of this Part of this Act, a person has a controlling interest in a company, if, had he been a company, the other company would have been its subsidiary; and in this Part —
“company” has the meaning given by section 735 of the Companies Act 1985; and
“subsidiary” has the meaning given by section 736 of that Act.
.
Interim rent
Rent while tenancy continues by virtue of section 24
18
For section 24A (interim rent) substitute —
Applications for determination of interim rent while tenancy continues
24A
1
Subject to subsection (2) below, if —
a
the landlord of a tenancy to which this Part of this Act applies has given notice under section 25 of this Act to terminate the tenancy; or
b
the tenant of such a tenancy has made a request for a new tenancy in accordance with section 26 of this Act,
either of them may make an application to the court to determine a rent (an “interim rent”) which the tenant is to pay while the tenancy (“the relevant tenancy”) continues by virtue of section 24 of this Act and the court may order payment of an interim rent in accordance with section 24C or 24D of this Act.
2
Neither the tenant nor the landlord may make an application under subsection (1) above if the other has made such an application and has not withdrawn it.
3
No application shall be entertained under subsection (1) above if it is made more than six months after the termination of the relevant tenancy.
Date from which interim rent is payable
24B
1
The interim rent determined on an application under section 24A(1) of this Act shall be payable from the appropriate date.
2
If an application under section 24A(1) of this Act is made in a case where the landlord has given a notice under section 25 of this Act, the appropriate date is the earliest date of termination that could have been specified in the landlord’s notice.
3
If an application under section 24A(1) of this Act is made in a case where the tenant has made a request for a new tenancy under section 26 of this Act, the appropriate date is the earliest date that could have been specified in the tenant’s request as the date from which the new tenancy is to begin.
Amount of interim rent where new tenancy of whole premises granted and landlord not opposed
24C
1
This section applies where —
a
the landlord gave a notice under section 25 of this Act at a time when the tenant was in occupation of the whole of the property comprised in the relevant tenancy for purposes such as are mentioned in section 23(1) of this Act and stated in the notice that he was not opposed to the grant of a new tenancy; or
b
the tenant made a request for a new tenancy under section 26 of this Act at a time when he was in occupation of the whole of that property for such purposes and the landlord did not give notice under subsection (6) of that section,
and the landlord grants a new tenancy of the whole of the property comprised in the relevant tenancy to the tenant (whether as a result of an order for the grant of a new tenancy or otherwise).
2
Subject to the following provisions of this section, the rent payable under and at the commencement of the new tenancy shall also be the interim rent.
3
Subsection (2) above does not apply where —
a
the landlord or the tenant shows to the satisfaction of the court that the interim rent under that subsection differs substantially from the relevant rent; or
b
the landlord or the tenant shows to the satisfaction of the court that the terms of the new tenancy differ from the terms of the relevant tenancy to such an extent that the interim rent under that subsection is substantially different from the rent which (in default of such agreement) the court would have determined under section 34 of this Act to be payable under a tenancy which commenced on the same day as the new tenancy and whose other terms were the same as the relevant tenancy.
4
In this section “the relevant rent” means the rent which (in default of agreement between the landlord and the tenant) the court would have determined under section 34 of this Act to be payable under the new tenancy if the new tenancy had commenced on the appropriate date (within the meaning of section 24B of this Act).
5
The interim rent in a case where subsection (2) above does not apply by virtue only of subsection (3)(a) above is the relevant rent.
6
The interim rent in a case where subsection (2) above does not apply by virtue only of subsection (3)(b) above, or by virtue of subsection (3)(a) and (b) above, is the rent which it is reasonable for the tenant to pay while the relevant tenancy continues by virtue of section 24 of this Act.
7
In determining the interim rent under subsection (6) above the court shall have regard —
a
to the rent payable under the terms of the relevant tenancy; and
b
to the rent payable under any sub-tenancy of part of the property comprised in the relevant tenancy,
but otherwise subsections (1) and (2) of section 34 of this Act shall apply to the determination as they would apply to the determination of a rent under that section if a new tenancy of the whole of the property comprised in the relevant tenancy were granted to the tenant by order of the court and the duration of that new tenancy were the same as the duration of the new tenancy which is actually granted to the tenant.
8
In this section and section 24D of this Act “the relevant tenancy” has the same meaning as in section 24A of this Act.
Amount of interim rent in any other case
24D
1
The interim rent in a case where section 24C of this Act does not apply is the rent which it is reasonable for the tenant to pay while the relevant tenancy continues by virtue of section 24 of this Act.
2
In determining the interim rent under subsection (1) above the court shall have regard —
a
to the rent payable under the terms of the relevant tenancy; and
b
to the rent payable under any sub-tenancy of part of the property comprised in the relevant tenancy,
but otherwise subsections (1) and (2) of section 34 of this Act shall apply to the determination as they would apply to the determination of a rent under that section if a new tenancy from year to year of the whole of the property comprised in the relevant tenancy were granted to the tenant by order of the court.
3
If the court —
a
has made an order for the grant of a new tenancy and has ordered payment of interim rent in accordance with section 24C of this Act, but
b
either —
i
it subsequently revokes under section 36(2) of this Act the order for the grant of a new tenancy; or
ii
the landlord and tenant agree not to act on the order,
the court on the application of the landlord or the tenant shall determine a new interim rent in accordance with subsections (1) and (2) above without a further application under section 24A(1) of this Act.
.
Compensation
Compensation for refusal of new tenancy
19
1
For section 37(1) (compensation where new tenancy precluded on certain grounds) substitute —
1
Subject to the provisions of this Act, in a case specified in subsection (1A), (1B) or (1C) below (a “compensation case”) the tenant shall be entitled on quitting the holding to recover from the landlord by way of compensation an amount determined in accordance with this section.
1A
The first compensation case is where on the making of an application by the tenant under section 24(1) of this Act the court is precluded (whether by subsection (1) or subsection (2) of section 31 of this Act) from making an order for the grant of a new tenancy by reason of any of the grounds specified in paragraphs (e), (f) and (g) of section 30(1) of this Act (the “compensation grounds”) and not of any grounds specified in any other paragraph of section 30(1).
1B
The second compensation case is where on the making of an application under section 29(2) of this Act the court is precluded (whether by section 29(4)(a) or section 31(2) of this Act) from making an order for the grant of a new tenancy by reason of any of the compensation grounds and not of any other grounds specified in section 30(1) of this Act.
1C
The third compensation case is where —
a
the landlord’s notice under section 25 of this Act or, as the case may be, under section 26(6) of this Act, states his opposition to the grant of a new tenancy on any of the compensation grounds and not on any other grounds specified in section 30(1) of this Act; and
b
either —
i
no application is made by the tenant under section 24(1) of this Act or by the landlord under section 29(2) of this Act; or
ii
such an application is made but is subsequently withdrawn.
.
2
In section 37(2) —
a
for the words “subsections (5A) to (5E) of this section the said amount” substitute “the following provisions of this section, compensation under this section”; and
b
in paragraph (a), after the word “satisfied” insert “in relation to the whole of the holding”.
3
After section 37(3) insert —
3A
If the conditions specified in subsection (3) above are satisfied in relation to part of the holding but not in relation to the other part, the amount of compensation shall be the aggregate of sums calculated separately as compensation in respect of each part, and accordingly, for the purpose of calculating compensation in respect of a part any reference in this section to the holding shall be construed as a reference to that part.
3B
Where section 44(1A) of this Act applies, the compensation shall be determined separately for each part and compensation determined for any part shall be recoverable only from the person who is the owner of an interest in that part which fulfils the conditions specified in section 44(1) of this Act.
.
4
In section 37(4), for the words “the circumstances mentioned in subsection (1) of this section” substitute “a compensation case”.
Compensation for misrepresentation
20
After section 37 insert —
Compensation for possession obtained by misrepresentation
37A
1
Where the court —
a
makes an order for the termination of the current tenancy but does not make an order for the grant of a new tenancy, or
b
refuses an order for the grant of a new tenancy,
and it subsequently made to appear to the court that the order was obtained, or the court was induced to refuse the grant, by misrepresentation or the concealment of material facts, the court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as the result of the order or refusal.
2
Where —
a
the tenant has quit the holding —
i
after making but withdrawing an application under section 24(1) of this Act; or
ii
without making such an application; and
b
it is made to appear to the court that he did so by reason of misrepresentation or the concealment of material facts,
the court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as the result of quitting the holding.
.
Agreements to exclude security of tenure
Amendments to section 38
21
1
In section 38(1) (restrictions on agreements excluding provisions of Part 2) for “subsection (4) of this section” substitute “section 38A of this Act”.
2
Omit section 38(4).
Agreements to exclude sections 24 to 28
22
1
After section 38 insert —
Agreements to exclude provisions of Part 2
38A
1
The persons who will be the landlord and the tenant in relation to a tenancy to be granted for a term of years certain which will be a tenancy to which this Part of this Act applies may agree that the provisions of sections 24 to 28 of this Act shall be excluded in relation to that tenancy.
2
The persons who are the landlord and the tenant in relation to a tenancy to which this Part of this Act applies may agree that the tenancy shall be surrendered on such date or in such circumstances as may be specified in the agreement and on such terms (if any) as may be so specified.
3
An agreement under subsection (1) above shall be void unless —
a
the landlord has served on the tenant a notice in the form, or substantially in the form, set out in Schedule 1 to the Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (“the 2003 Order ”); and
b
the requirements specified in Schedule 2 to that Order are met.
4
An agreement under subsection (2) above shall be void unless —
a
the landlord has served on the tenant a notice in the form, or substantially in the form, set out in Schedule 3 to the 2003 Order; and
b
the requirements specified in Schedule 4 to that Order are met.
2
Schedules 1 to 4 to this Order shall have effect.
Duties to give information
Provision of information
23
For section 40 substitute —
Duties of tenants and landlords of business premises to give information to each other
40
1
Where a person who is an owner of an interest in reversion expectant (whether immediately or not) on a tenancy of any business premises has served on the tenant a notice in the prescribed form requiring him to do so, it shall be the duty of the tenant to give the appropriate person in writing the information specified in subsection (2) below.
2
That information is —
a
whether the tenant occupies the premises or any part of them wholly or partly for the purposes of a business carried on by him;
b
whether his tenancy has effect subject to any sub-tenancy on which his tenancy is immediately expectant and, if so —
i
what premises are comprised in the sub-tenancy;
ii
for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated);
iii
what is the rent payable under it;
iv
who is the sub-tenant;
v
(to the best of his knowledge and belief) whether the sub-tenant is in occupation of the premises or of part of the premises comprised in the sub-tenancy and, if not, what is the sub-tenant’s address;
vi
whether an agreement is in force excluding in relation to the sub-tenancy the provisions of sections 24 to 28 of this Act; and
vii
whether a notice has been given under section 25 or 26(6) of this Act, or a request has been made under section 26 of this Act, in relation to the sub-tenancy and, if so, details of the notice or request; and
c
(to the best of his knowledge and belief) the name and address of any other person who owns an interest in reversion in any part of the premises.
3
Where the tenant of any business premises who is a tenant under such a tenancy as is mentioned in section 26(1) of this Act has served on a reversioner or a reversioner’s mortgagee in possession a notice in the prescribed form requiring him to do so, it shall be the duty of the person on whom the notice is served to give the appropriate person in writing the information specified in subsection (4) below.
4
That information is —
a
whether he is the owner of the fee simple in respect of the premises or any part of them or the mortgagee in possession of such an owner,
b
if he is not, then (to the best of his knowledge and belief) —
i
the name and address of the person who is his or, as the case may be, his mortgagor’s immediate landlord in respect of those premises or of the part in respect of which he or his mortgagor is not the owner in fee simple;
ii
for what term his or his mortgagor’s tenancy has effect and what is the earliest date (if any) at which that tenancy is terminable by notice to quit given by the landlord; and
iii
whether a notice has been given under section 25 or 26(6) of this Act, or a request has been made under section 26 of this Act, in relation to the tenancy and, if so, details of the notice or request;
c
(to the best of his knowledge and belief) the name and address of any other person who owns an interest in reversion in any part of the premises; and
d
if he is a reversioner, whether there is a mortgagee in possession of his interest in the premises and, if so, (to the best of his knowledge and belief) what is the name and address of the mortgagee.
5
A duty imposed on a person by this section is a duty —
a
to give the information concerned within the period of one month beginning with the date of service of the notice; and
b
if within the period of six months beginning with the date of service of the notice that person becomes aware that any information which has been given in pursuance of the notice is not, or is no longer, correct, to give the appropriate person correct information within the period of one month beginning with the date on which he becomes aware.
6
This section shall not apply to a notice served by or on the tenant more than two years before the date on which apart from this Act his tenancy would come to an end by effluxion of time or could be brought to an end by notice to quit given by the landlord.
7
Except as provided by section 40A of this Act, the appropriate person for the purposes of this section and section 40A(1) of this Act is the person who served the notice under subsection (1) or (3) above.
8
In this section —
“business premises” means premises used wholly or partly for the purposes of a business;
“mortgagee in possession” includes a receiver appointed by the mortgagee or by the court who is in receipt of the rents and profits, and “his mortgagor” shall be construed accordingly;
“reversioner” means any person having an interest in the premises, being an interest in reversion expectant (whether immediately or not) on the tenancy;
“reversioner’s mortgagee in possession” means any person being a mortgagee in possession in respect of such an interest; and
“sub-tenant” includes a person retaining possession of any premises by virtue of the Rent (Agriculture) Act 1976 or the Rent Act 1977 after the coming to an end of a sub-tenancy, and “sub-tenancy” includes a right so to retain possession.
.
Section 40 duties in transfer cases
24
After section 40 insert the following sections —
Duties in transfer cases
40A
1
If a person on whom a notice under section 40(1) or (3) of this Act has been served has transferred his interest in the premises or any part of them to some other person and gives the appropriate person notice in writing —
a
of the transfer of his interest; and
b
of the name and address of the person to whom he transferred it,
on giving the notice he ceases in relation to the premises or (as the case may be) to that part to be under any duty imposed by section 40 of this Act.
2
If —
a
the person who served the notice under section 40(1) or (3) of this Act (“the transferor”) has transferred his interest in the premises to some other person (“the transferee”); and
b
the transferor or the transferee has given the person required to give the information notice in writing —
i
of the transfer; and
ii
of the transferee’s name and address,
the appropriate person for the purposes of section 40 of this Act and subsection (1) above is the transferee.
3
If —
a
a transfer such as is mentioned in paragraph (a) of subsection (2) above has taken place; but
b
neither the transferor nor the transferee has given a notice such as is mentioned in paragraph (b) of that subsection,
any duty imposed by section 40 of this Act may be performed by giving the information either to the transferor or to the transferee.
Proceedings for breach of duties to give information
40B
A claim that a person has broken any duty imposed by section 40 of this Act may be made the subject of civil proceedings for breach of statutory duty; and in any such proceedings a court may order that person to comply with that duty and may make an award of damages.
.
Miscellaneous amendments
Termination by tenant of tenancy
25
1
After section 27(1) (termination by tenant of fixed term tenancy at end of term) insert —
1A
Section 24 of this Act shall not have effect in relation to a tenancy for a term of years certain where the tenant is not in occupation of the property comprised in the tenancy at the time when, apart from this Act, the tenancy would come to an end by effluxion of time.
.
2
In section 27(2) (termination by tenant of fixed term tenancy continuing by virtue of section 24) —
a
after “of this Act” insert “shall not come to an end by reason only of the tenant ceasing to occupy the property comprised in the tenancy but”; and
b
omit the word “quarter”.
3
After that subsection insert —
3
Where a tenancy is terminated under subsection (2) above, any rent payable in respect of a period which begins before, and ends after, the tenancy is terminated shall be apportioned, and any rent paid by the tenant in excess of the amount apportioned to the period before termination shall be recoverable by him.
.
Maximum duration of new tenancy
26
In section 33 (duration of new tenancy) for the word “fourteen” substitute the word “fifteen”.
Divided reversions
27
1
In section 44(1) (meaning of “landlord”), for “the next following subsection,” substitute “subsections (1A) and (2) below,”.
2
After section 44(1) insert —
1A
The reference in subsection (1) above to a person who is the owner of an interest such as is mentioned in that subsection is to be construed, where different persons own such interests in different parts of the property, as a reference to all those persons collectively.
.
3
In section 35(1) (other terms of new tenancy), after the word “thereunder)” insert “, including, where different persons own interests which fulfil the conditions specified in section 44(1) of this Act in different parts of it, terms as to the apportionment of the rent,”.
Final provisions
Consequential amendments, repeals and subordinate provisions
28
1
Schedule 5 to this Order, which contains amendments consequential on the provisions of this Order, shall have effect.
2
The enactments specified in Schedule 6 to this Order are repealed to the extent mentioned in the third column of that Schedule.
3
Schedules 1 to 4 to this Order are designated as subordinate provisions for the purposes of section 4 of the Regulatory Reform Act 2001.
4
A subordinate provisions order relating to the subordinate provisions designated by paragraph (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
The power to make a subordinate provisions order relating to those provisions is to be exercisable in relation to Wales by the National Assembly for Wales concurrently with a Minister of the Crown.
6
Paragraph (4) above does not apply to a subordinate provisions order made by the National Assembly for Wales.
7
The notices and statutory declarations set out in Schedules 1 to 4 to this Order shall be treated for the purposes of section 26 of the Welsh Language Act 1993 (power to prescribe Welsh forms) as if they were specified by an Act of Parliament; and accordingly the power conferred by section 26(2) of that Act may be exercised in relation to those notices and declarations.
Transitional provisions
29
1
Where, before this Order came into force —
a
the landlord gave the tenant notice under section 25 of the Act; or
b
the tenant made a request for a new tenancy in accordance with section 26 of the Act,
nothing in this Order has effect in relation to the notice or request or anything done in consequence of it.
2
Nothing in this Order has effect in relation —
a
to an agreement —
i
for the surrender of a tenancy which was made before this Order came into force and which fell within section 24(2)(b) of the Act; or
ii
which was authorised by the court under section 38(4) of the Act before this Order came into force; or
b
to a notice under section 27(2) of the Act which was given by the tenant to the immediate landlord before this Order came into force.
3
Any provision in a tenancy which requires an order under section 38(4) of the Act to be obtained in respect of any subtenancy shall, so far as is necessary after the coming into force of this Order, be construed as if it required the procedure mentioned in section 38A of the Act to be followed, and any related requirement shall be construed accordingly.
4
If a person has, before the coming into force of this Order, entered into an agreement to take a tenancy, any provision in that agreement which requires an order under section 38(4) of the Act to be obtained in respect of the tenancy shall continue to be effective, notwithstanding the repeal of that provision by Article 21(2) of this Order, and the court shall retain jurisdiction to make such an order.
5
Article 20 above does not have effect where the tenant quit the holding before this Order came into force.
6
Nothing in Articles 23 and 24 above applies to a notice under section 40 of the Act served before this Order came into force.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
1st December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Pedal Bicycles (Safety) Regulations 2003 and shall come into force on 1st May 2004.
Revocation
2
The Pedal Bicycles (Safety) Regulations 1984 and the Pedal Bicycles (Safety) (Amendment) Regulations 1984 are hereby revoked.
Interpretation
3
1
In these Regulations —
“bicycle” means a two-wheeled vehicle that is propelled solely by the muscular energy of the person on that vehicle by means of pedals and has not been constructed or adapted for propulsion by mechanical power;
“the British Standard” means —
the specification for safety requirements for bicycles issued by the British Standards Institution under reference BS 6102: Part 1: 1992; and
the specification for photometric and physical requirements of reflective devices for cycles issued by the British Standards Institution under reference BS 6102: Part 2: 1982 as amended by Amendment No. 1 published on 31st December 1984 under reference AMD 4752;
“competition bicycle” means a bicycle which has no brakes and is specifically designed for off-road racing on enclosed tracks;
“the ISO Standard” means the technical specifications for bells for bicycles and mopeds published by the International Organisation for Standardisation under reference ISO 7636-1984 (E);
“tandem bicycle” means a bicycle which is designed to carry two or more persons at least two of whom can propel the vehicle at the same time; and
“tradesman’s delivery bicycle” means a bicycle which is designed primarily or entirely for the carriage of goods in the course of a trade.
2
Save as provided in regulation 4(2), a reference in these Regulations to “supply” includes offering to supply, agreeing to supply, exposing for supply and possessing for supply, and “supplied” and “supplying” shall be construed accordingly.
3
In these Regulations a reference to the height of the saddle of a bicycle is a reference to the height above the ground of the part of the seating area of the saddle which is furthest from the ground when the vehicle to which the saddle is attached is vertical and the saddle is raised to the fullest extent compatible with safety and any pneumatic tyres on the wheels of the vehicle are fully inflated.
Supply of new bicycles
4
1
Save as provided in paragraph (2) and regulation 6, no person shall supply any bicycle unless —
a
in the case of —
i
a bicycle within the field of application of the British Standard, it complies with all the requirements specified in that standard (including marking requirements) other than that contained in clause 16 (warning devices); or
ii
a bicycle outside the field of application of the British Standard, it complies with standards no less than those specified in the British Standard other than those contained in clause 16 (warning devices) and clause 20(a) (marking);
b
it has been fitted with a bell which —
i
is of a category intended for use on bicycles; and
ii
complies with the requirements of clause 6.3 of the ISO Standard in relation to bells of that category; and
c
its brakes have been correctly adjusted in accordance with the manufacturer’s instructions.
2
In relation to paragraph (1)(c) above, “supply” does not include offering to supply, exposing for supply and possessing for supply.
Supply of bicycles with unassembled parts
5
Save as provided in regulation 7, no person shall supply a bicycle with unassembled parts unless those parts —
a
are capable of being assembled to form a bicycle which in all respects complies —
i
in a case where the bicycle so formed would be within the field of application of the British Standard, with all the requirements specified in that standard (including marking requirements) other than that contained in clause 16 (warning devices); or
ii
in a case where the bicycle so formed would be outside the field of application of the British Standard, with standards no less than those specified in the British Standard other than those contained in clause 16 (warning devices) and clause 20(a) (marking);
b
include a bell which —
i
is of a category intended for use on bicycles; and
ii
complies with the requirements of clause 6.3 of the ISO Standard in relation to bells of that category;
c
are supplied with —
i
a list of readily available standard tools; and
ii
the special or non-standard tools,
required to assemble the parts correctly; and
d
are accompanied by a set of instructions containing information on the correct assembly and subsequent adjustment of any parts supplied unassembled.
Exemptions to regulation 4
6
1
The provisions of regulation 4(1)(a) do not apply in respect of —
a
a tradesman’s delivery bicycle; or
b
a tandem bicycle.
2
The provisions of regulation 4 do not apply in respect of —
a
a bicycle which has previously been supplied and used (other than for the purpose of testing) on or off a road;
b
a bicycle the height of the saddle of which is less than 635 millimetres;
c
a competition bicycle; or
d
a bicycle which has been constructed to the design of an individual person for use by that person in competitive events.
3
The provisions of regulation 4 do not apply in a case where the person supplying the bicycle reasonably believes that it will not be used in the United Kingdom.
Exemptions to regulation 5
7
1
The provisions of regulation 5(a) do not apply to the supply of any parts if they are capable of being assembled so as to form a tradesman’s delivery bicycle or a tandem bicycle.
2
The provisions of regulation 5 do not apply to the supply of any parts if they —
a
have previously been supplied and used (other than for the purpose of testing) on or off a road as parts of a bicycle; or
b
are capable of being assembled so as to form a bicycle of a kind specified in regulation 6(2)(b) to (d) above.
3
The provisions of regulation 5 do not apply in a case where the person supplying the parts reasonably believes that they will not be used in the United Kingdom.
Equivalent standards
8
1
Nothing in these Regulations shall make it unlawful to supply a bicycle or parts if it would not be unlawful to supply the bicycle or parts were there substituted for a reference in these Regulations to the British Standard or the ISO Standard a reference to a corresponding standard.
2
In this regulation “corresponding standard”, in relation to the British Standard and the ISO Standard, means —
a
a standard or code of practice of a national standards body or equivalent body of any EEA State; or
b
any international standard recognised for use as a standard by any EEA State; or
c
a technical specification or code of practice which, whether mandatory or not, is recognised for use as a standard by a public authority of any EEA State,
where the standard, code of practice, international standard or technical specification provides, in relation to bicycles, a level of safety at least equivalent to that provided by the British Standard or, as the case may be, the ISO Standard and in relation to the British Standard contains marking requirements at least equivalent to those provided by that instrument.
3
In this regulation “EEA State” means a State which is a contracting party to 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 .
Commencement of proceedings
9
In England, Wales and Northern Ireland a magistrates' court may try an information (in the case of England and Wales) or a complaint (in the case of Northern Ireland) in respect of an offence committed under section 12 of the Consumer Protection Act 1987 in relation to a contravention of these Regulations if (in the case of England and Wales) the information is laid or (in the case of Northern Ireland) the complaint is made within twelve months from the time when the offence is committed, and in Scotland summary proceedings for such an offence may be begun at any time within twelve months from the time when the offence is committed.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of StateDepartment for Transport
9th April 2003


text:
Citation and commencement
1
These Regulations may be cited as the Private Hire Vehicles (London) (Transitional and Saving Provisions) Regulations 2003 and shall come into force on 1st April 2003.
Interpretation
2
In these Regulations —
“the 1998 Act ” means the Private Hire Vehicles (London) Act 1998;
“application deadline” in relation to an existing driver means the date specified under regulation 4(1) as the application deadline for that driver;
“existing driver” means an individual who is registered with Transport for London as an existing driver in accordance with article 3(1);
“the first appointed day” means 1st April 2003;
“the second appointed day” means 1st June 2003; and
“temporary permit” means a temporary permit issued under regulation 5(1).
Registration of existing drivers
3
1
Subject to the provisions of this regulation, an individual who has been the driver of a vehicle used as a private hire vehicle on roads in London under a booking which was —
a
made through a London PHV operator (“the relevant operator”); and
b
accepted at an operating centre specified in the relevant operator’s London PHV operator’s licence,
may apply to be registered with Transport for London as an existing driver by delivering to Transport for London the form provided by it for the purpose completed to show such particulars as Transport for London may reasonably require.
2
The form shall be signed by the applicant and countersigned by the relevant operator.
3
The form shall be treated as validly delivered to Transport for London if, and only if, it is received by Transport for London on the second appointed day or at any time before that day, whether before or after the making of these Regulations.
Application deadlines
4
1
Transport for London shall by notice given to each existing driver specify an application deadline by which that driver is invited to submit an application for a London PHV driver’s licence.
2
Transport for London shall not be required to consider any application for a London PHV driver’s licence from an existing driver until after the application deadline.
Issue of temporary permits
5
1
Transport for London may issue a temporary permit to any existing driver.
2
Subject to regulation 6 and, except for the purposes of section 14(1) (driver’s badges) of the 1998 Act, a temporary permit shall have effect as if it were London PHV driver’s licence and may in particular be suspended or revoked under section 16 of that Act accordingly.
Duration of temporary permits
6
1
A temporary permit shall cease to have effect on whichever of the following dates falls first —
a
if a London PHV driver’s licence is granted to the holder of the temporary permit, the date on which the licence was granted;
b
if an application for a London PHV driver’s licence by the holder of the temporary permit is refused, the date on which the time for appealing against the refusal of the application expires or (where an appeal is brought) the date on which the appeal is disposed of or withdrawn;
c
if the temporary permit is revoked, the date on which the revocation takes effect in accordance with section 17(1) or (2) of the 1998 Act; or
d
if the temporary permit ceases to have effect in accordance with paragraph (3), the date specified or agreed as mentioned in paragraph (2).
2
If an application for a London PHV driver’s licence is not received from the holder of a temporary permit by the application deadline, Transport for London may give notice to the holder that, if an application is not received by Transport for London from him by the date specified in the notice or such later date as Transport for London may agree, the temporary permit is to cease to have effect.
3
If no such application is received by the date so specified or agreed, the temporary permit shall thereupon cease to have effect.
Modification of section 13 of the 1998 Act
7
1
In relation to an application for a London PHV driver’s licence who is an existing driver and the holder of a temporary permit or London PHV driver’s licence, section 13 of the 1998 Act shall have effect subject to the following modifications.
2
In subsection (2) for the words “the requirement mentioned in subsection (3), and any further” there shall be substituted “any”.
3
Subsection (3) shall be omitted.
Saving for private hire vehicles licensed in Plymouth
8
In relation to private hire vehicles licensed under the Plymouth City Council Act 1975 , the 1998 Act shall have effect as if —
a
in section 5(1), at end of paragraph (c), there were inserted —
or;
d
the other operator is licensed under the 1975 Act .
;
b
in section 6(6) —
i
the word “and” at the end of paragraph (b) were omitted;
ii
at the end of paragraph (c) there were inserted —
and
d
if the vehicle is in use for the purposes of a hiring the booking for which was accepted in the City of Plymouth, a licence issued under the 1975 Act,
;
c
for “paragraph (b) or (c)” (in both places) there were substituted “paragraph (b), (c) or (d)”;
d
in section 12(6) —
i
in paragraph (b) the word “and” were omitted; and
ii
after paragraph (c) there were inserted —
and
d
if the vehicle is in use for the purposes of a hiring the booking for which was accepted in the City of Plymouth, a licence under the 1975 Act.
; and
e
in section 36, after the definition of “road” there were inserted the following definition —
“the 1975 Act” means the Plymouth City Council Act 1975;
.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
10th March 2003


text:
Citation, interpretation and application
1
1
This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 4) Order 2003.
2
In this Order “ the Act ” means the Adoption and Children Act 2002.
3
Subject to sub-paragraphs (a) and (b), this Order applies to England and Wales —
a
article 2(1)(a) and (b) applies to Wales only; and
b
article 2(2)(c) and (4)(a) applies to England only.
Appointed days
2
1
28th November 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
section 2(7) and (8) (basic definitions) for the purposes of paragraph 3 of Schedule 4;
b
paragraphs 105, 106 and 110 in so far as that paragraph relates to the Adoption Act 1976 , and paragraph 103 (amendments to the Care Standards Act 2000) of Schedule 3 and section 139(1) in so far as they relate to those paragraphs;
c
paragraph 118 (meaning of family proceedings) of Schedule 3, and section 139(1) in so far as it relates to that paragraph;
d
section 139(3) and Schedule 5 in so far as they relate to the repeal of section 12(5)(b) and the preceding “and” of the Criminal Justice and Court Services Act 2000 .
2
1st December 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
section 111 (parental responsibility of unmarried father);
b
paragraphs 6 and 7 of Schedule 3 and section 139(1) in so far as it relates to those paragraphs (amendments to the Births and Deaths Registration Act 1953);
c
for the purposes of making regulations, paragraph 5 of Schedule 4 (independent review mechanism) and section 139(2) in so far as it relates to that paragraph.
3
30th January 2004 is the appointed day for the coming into force of section 119 (advocacy services) of the Act, for the purposes of making regulations.
4
1st April 2004 is the appointed day for the coming into force of the following provisions of the Act —
a
paragraph 5 of Schedule 4, and section 139(2) in so far as it relates to that paragraph, in so far as it is not already in force;
b
section 119 in so far as it is not already in force.
Margaret Hodge
Minister of State,
Department for Education and Skills
27th November 2003


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No.1) Order 2003.
2
In this Order —
“the 2003 Act ” means the Health and Social Care (Community Health and Standards) Act 2003.
3
This Order applies to England and Wales, except for Article 3 which applies to England only.
Appointed day for provisions relating to NHS Foundation trusts
2
1st January 2004 is the day appointed for the coming into force of sections 2, 3, 4, 36, and 40 of, and Schedule 2 to, the 2003 Act.
Appointed day for provisions relating to the Commission for Social Care Inspection
3
1st January 2004 is the day appointed for the coming into force of the following provisions of the 2003 Act —
a
section 42 and, insofar as it is not already in force, Schedule 7; and
b
insofar as they relate to the Commission for Social Care Inspection, paragraphs 1, 3, 5, 6, 7, 8 and 31 of Schedule 9, and section 147 in so far as it relates to those paragraphs of that Schedule.
Appointed day for the interpretation provision for Part 2 of the 2003 Act
4
1st January 2004 is the day appointed for the coming into force of section 148 of the 2003 Act.
Appointed day for provisions relating to the Commission for Healthcare Audit and Inspection
5
8th January 2004 is the day appointed for the coming into force of the following provisions of the 2003 Act —
a
section 41 and, insofar as it is not already in force, Schedule 6; and
b
insofar as they relate to the Commission for Healthcare Audit and Inspection, paragraphs 1, 3, 5, 6, 7, 8, 13 and 31 of Schedule 9, and section 147 insofar as it relates to those paragraphs of that Schedule.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
18th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) (Amendment No. 3) Regulations 2003 and shall come into force on 3rd September 2003.
2
The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 are amended as follows.
3
1
Renumber regulation 6 as paragraph (1) of that regulation.
2
After paragraph (1) so formed add —
2
Paragraph (1) shall not apply where —
a
a person has been awarded child benefit or guardian’s allowance while he was present and residing in Great Britain, or Northern Ireland;
b
at a time when payment of the award has not been suspended or terminated (under regulations 18 to 20 of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 or otherwise), he takes up residence in Northern Ireland, or Great Britain as the case may be (“the new country of residence”); and
c
a new claim for that benefit or allowance is made in the new country of residence, for a period commencing on the later of —
i
the date of the change of residence referred to in sub-paragraph (b), or
ii
the date on which, apart from satisfying the conditions for making the claim, the person became entitled to the benefit or allowance under the legislation of the new country of residence.
.
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
12th August 2003


text:
1
This Order may be cited as The A6120 Trunk Road (Weetwood Roundabout to Junction 46 of the M1) (Detrunking) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/347, marked “The A6120 Trunk Road (Weetwood Roundabout to Junction 46 of the M1) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at ODPM-DFT, Floor 13 (IMD), Ashdown House, St. Leonards On Sea, Hastings, East Sussex TN37 7GA;
iii
“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
iv
“the trunk road” means the A6120 Leeds Ring Road
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 this Order comes into force.
Signed by authority of the Secretary of State for Transport
K. A. Lasbury
A Divisional Director Highways Agency
10th January 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) Amendment Regulations 2003 and shall come into force on 1st April 2003.
2
These Regulations apply to England only.
3
In these Regulations “the principal Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
Increase of amount of charges
2
1
The principal Regulations are amended as follows.
2
In each place that it occurs in each of the following regulations, for “£6.20” there is substituted “£6.30” —
a
regulation 3(1)(a) and (b) and (4) (charges for the supply of drugs and appliances by chemists);
b
regulation 4(1)(a) and (b) and (4) (charges for the supply of drugs and appliances by doctors);
c
regulation 5(1)(a) and (d) and (5) (charges for the supply of drugs and appliances by NHS trusts and Primary Care Trusts);
d
regulation 6(1)(a) and (b) and (4) (charges for the supply of drugs and appliances at Walk-in Centres); and
e
regulation 6A(1) (charge for the supply of drugs under Patient Group Directions).
3
In each place that it occurs in each of the following regulations, for “£12.40” there is substituted “£12.60” —
a
regulation 3(1)(a) (charge for the supply of a pair of elastic hosiery by chemists);
b
regulation 4(1)(a) (charge for the supply of a pair of elastic hosiery by doctors);
c
regulation 5(1)(a) and (c) (charge for the supply of a pair of elastic hosiery or tights by NHS trusts and Primary Care Trusts); and
d
regulation 6(1)(a) (charge for the supply of a pair of elastic hosiery at Walk-in Centres).
4
In regulation 9 (pre-payment certificates), in paragraph (5) —
a
for “£32.40” there is substituted “£32.90”; and
b
for “£89.00” there is substituted “£90.40”.
5
In column (2) of Schedule 1 (charges for fabric supports and wigs) —
a
for “£20.90” there is substituted “£21.20”;
b
for “£31.50” there is substituted “£32.00”;
c
for “£51.50” there is substituted “£52.30”;
d
for “£135.90” there is substituted “£138.00”; and
e
for “£198.60” there is substituted “£201.70”.
Transitional provisions
3
Where, on or after 1st April 2003 —
a
any appliance specified in Schedule 1 to the principal Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the principal Regulations pursuant to an application under that regulation which was received before that date,
the principal Regulations shall have effect in relation to that supply, or as the case may be, grant as if these Regulations had not come into force.
Signed by Authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
7th March 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Mental Health (Correspondence of Patients, Patient Advocacy and Liaison Services) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply to England only.
Patient advocacy and liaison service
2
In section 134 of the Mental Health Act 1983 (correspondence of patients), for the purposes of subsection (3)(ea) , “patient advocacy and liaison service” means a service affording assistance in the form of advice and liaison for patients, their families and carers provided by —
a
an NHS trust ; or
b
a Primary Care Trust .
Signed by authority of the Secretary of State
Warner
Parliamentary Under Secretary of State,
Department of Health
11th August 2003


text:
Citation and commencement
1
This Order may be cited as the Broadcasting (Jersey) Order 2003 and shall come into force on 29th December 2003 and shall be deemed to have come into force immediately after the Wireless Telegraphy (Jersey) Order 2003 .
Extension of the Broadcasting Act 1996
2
The following provisions of the Broadcasting Act 1996 shall extend, with the modifications specified in Schedule 1 to this Order, to the Bailiwick of Jersey —
a
in Part I (digital terrestrial television broadcasting), sections 1 to 20, 22 to 28, 30, 31, 33 to 39;
b
in Part II (digital terrestrial sound broadcasting), sections 40 to 72;
c
in Part III (amendments of Broadcasting Act 1990), sections 73 to 76, 78, 79, 82 to 89, 92, 93, and 96;
d
Part IV (sporting and other events of national interest);
e
in Part V (Broadcasting Standards Commission), sections 106 to 126 and 128 to 130;
f
in Part VIII (miscellaneous and general), sections 142 to 148; and
g
Schedules 1 to 4, 8 and 10 and Part I of Schedule 11.
Amendment of the Broadcasting Act 1990 (Jersey) ( No. 2) Order 1991
3
The Schedule to the Broadcasting Act 1990 (Jersey) (No. 2) Order 1991 is hereby amended in accordance with Schedule 2 to this Order.
Revocations
4
In the Broadcasting Act 1996 (British Broadcasting Corporation — Transmission Network) (Jersey) Order 1997 , the following provisions are hereby revoked —
a
in article 2, the words “147(1)”; and
b
paragraph 1 of the Schedule.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Vehicles Excise Duty (Reduced Pollution) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
Increases in fees
2
1
The Vehicle Excise Duty (Reduced Pollution) Regulations 1998 shall be amended as follows.
2
In the regulations specified in column (1) of the Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount Substituted Amount
14(1)(a) £15 £15.50 14(1)(b) £25 £26 14(2) £8.40 £9 14(3) £3.50 £5.50
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003


text:
Title and commencement
1
These Regulations may be cited as the Fee for Initial Assessment of Active Substances for Pesticides Regulations 2003 and shall come into force on 1st May 2003.
Fee payable under Commission Regulation ( EC ) No. 1490/2002
2
1
The fee payable in relation to each active substance for which the United Kingdom is the designated rapporteur Member State under Annex I to Commission Regulation (EC) No. 1490/2002 (laying down further detailed rules for the implementation of the third stage of the programme of work referred to in Article 8(2) of Council Directive 91/414/ EEC and amending Regulation (EC) No. 451/2000 ) shall be in accordance with this regulation.
2
The fee for the administrative treatment and checking of the data lists submitted for each active substance under Article 6 and for conducting the completeness check of dossiers in accordance with Article 9 shall be £5,000, payable as indicated in article 17(2)(c) and (d).
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
7th April 2003


text:
Citation
1
This Order may be cited as the European Parliament (Representation) Act 2003 (Commencement No. 2) Order 2003.
Commencement of provisions in European Parliament (Representation) Act 2003
2
The following provisions of the European Parliament (Representation) Act 2003 shall come into force in Gibraltar on 2nd June 2003:
a
sections 9, 10, 26 and 27; and
b
section 28(2) so far as it relates to those provisions.
Signed by authority of the Lord Chancellor
Yvette Cooper
Parliamentary Secretary
Lord Chancellor’s Department
1st June 2003


text:
Citation and commencement
1
1
These Regulations may be cited as the Electronic Commerce (EC Directive) (Extension) (No. 2) Regulations 2003.
2
These Regulations shall come into force on 31st October 2003 immediately after the Copyright (Visually Impaired Persons) Act 2002 (Commencement) Order 2003 has come into force.
Application of the E-Commerce Regulations
2
The Electronic Commerce (EC Directive) Regulations 2002 (“the E-Commerce Regulations”) shall apply to —
a
the enactments listed in Part 1 of the Schedule, as amended by the Copyright and Related Rights Regulations 2003 ; and
b
the enactments listed in Part 2 of the Schedule,
notwithstanding regulation 3(2) of the E-Commerce Regulations.
Sainsbury of Turville,
Parliamentary Under Secretary of State for Science and Innovation,
Department of Trade and Industry
29th September 2003


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Patient and Public Involvement in Health (Functions) Amendment Regulations 2003 and shall come into force on 28th March 2003.
2
These Regulations apply to England only.
3
In these Regulations —
“the principal Regulations ” means the Commission for Patient and Public Involvement in Health (Functions) Regulations 2002 .
Amendment of regulation 4 of the principal Regulations
2
In regulation 4 of the principal Regulations, in paragraph (d), after “Commissioner” insert “for England”.
Amendment of regulation 5 of the principal Regulations
3
In regulation 5 of the principal Regulations, in paragraph (d), for “Commissioners” substitute “Commissioner for England”.
Amendment of regulation 8 of the principal Regulations
4
In regulation 8 of the principal Regulations, in paragraph (1), for “regulation 8” substitute “regulation 9”.
Amendment of regulation 9 of the principal Regulations
5
In regulation 9 of the principal Regulations, in paragraph (1), for “regulation 7(1)” substitute “regulation 8(1)”.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State for Health
Department of Health
4th March 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the University Hospitals of Leicester National Health Service Trust (Establishment) Amendment Order 2003 and shall come into force on 3rd September 2003.
2
In this Order —
“the Establishment Order ” means the University Hospitals of Leicester National Health Service Trust (Establishment) Order 1999 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Increase in the number of non-executive directors of the trust
2
In article 4 of the Establishment Order (directors of the trust) “6 non-executive directors” shall be replaced by “7 non-executive directors”.
Signed by authority of the Secretary of State
Rosie Winterton
Minister of State,
Department of Health
13th August 2003