text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Education (National Curriculum) (Exceptions at Key Stage 4) (England) (Amendment) Regulations 2004 and shall come into force on 1st August 2004.
2
These Regulations apply to maintained schools in England.
3
In these Regulations “the 2003 Regulations ” means the Education (National Curriculum) (Exceptions at Key Stage 4) (England) Regulations 2003 .
Amendment of the 2003 Regulations
2
1
Subject to regulation 3, the 2003 Regulations are amended as follows.
2
In regulation 7 —
a
in paragraph (1) for “in the following circumstances” substitute “where”;
b
for sub-paragraph (a) of paragraph (1) substitute the following —
a
the pupil is participating in an extended work-related learning programme.
;
c
omit sub-paragraph (b) of paragraph (1);
d
for paragraph (2) substitute the following —
2
The head teacher may determine in the case of a pupil to whom sub-paragraph (a) of paragraph (1) applies that the provisions of the National Curriculum regarding science should not apply to him.
;
e
omit paragraphs (3) and (4).
3
In regulation 10 for “programmes of study in modern foreign languages, design and technology or science” substitute the following —
the programme of study in science
.
Savings
3
The 2003 Regulations shall continue to apply to a pupil who immediately before the coming into force of these Regulations is in the fourth key stage as if regulation 2 above had not been made.
David Miliband
Minister of State,
Department for Education and Skills
4th February 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations Order of Council 2004, and shall come into force on 1st November 2004.
Revocation
2
The General Medical Council (Voluntary Erasure and Restoration following Voluntary Erasure) Regulations Order of Council 2003 is revoked.
A. K. Galloway
Clerk of the Privy Council


text:
Citation
1
This Order may be cited as the St Luke’s Catholic Sixth Form College (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The St Luke’s Catholic Sixth Form College, Chislehurst Road, Sidcup, Kent, DA14 6BP, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
19th April 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Tax Avoidance Schemes (Prescribed Descriptions of Arrangements) Regulations 2004 and shall come into force on 1st August 2004.
2
In these Regulations —
“ the Act ” means the Finance Act 2004 and except where the context otherwise requires “Part 7” means Part 7 of the Act (disclosure of tax avoidance schemes);
“ Icta 1988 ” means the Income and Corporation Taxes Act 1988 ;
“ ITEPA 2003 ” means the Income Tax (Earnings and Pensions) Act 2003 ;
“ the Board ” means the Commissioners of Inland Revenue;
“corporation tax” shall be construed in accordance with section 318(1) of the Act;
“employment” has the same meaning as it has for the purposes of the employment income Parts of ITEPA 2003 (see section 4 of that Act) and includes —
former and prospective employments; and
offices (including former and prospective offices) to which the provisions of those Parts that are expressed to apply to employments apply equally (see section 5 of that Act);
and “employee” and “employer” have corresponding meanings;
“promoter” has the meaning given by section 307 of the Act.
3
For the purposes of these Regulations, section 839 of ICTA 1988 applies to determine whether persons are connected.
Prescribed descriptions of arrangements in relation to income tax, corporation tax and capital gains tax
2
1
For the purposes of Part 7, the arrangements specified in the Schedule to these Regulations are prescribed in relation to income tax, corporation tax and capital gains tax.
2
Part 1 of the Schedule specifies arrangements connected with employment.
3
Part 2 of the Schedule specifies arrangements in relation to financial products.
4
If an arrangement —
a
would, but for some exemption contained in Part 1 of the Schedule, be notifiable by virtue of a provision in that Part, and
b
would be notifiable by virtue of a provision in Part 2 of the Schedule,
it shall not be notifiable under any provision of that Schedule.
John Heppell
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
22nd July 2004


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 2004.
2
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 2004 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of Tax Lower Limit Upper Limit Per cent.
£ £
0
263,000
263,000
–
NIL
40
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) (Amendment) Regulations 2004 and shall come into force —
a
for the purposes of this regulation, regulation 2 and paragraphs (1) and (6) of regulation 3 shall come into force on 31st December 2004; and
b
for all other purposes on 6th April 2006.
Amendment of the Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000
2
The Insurance Companies (Overseas Life Assurance Business) (Excluded Business) Regulations 2000 are amended as follows.
Amendment of regulation 7
3
1
Regulation 7(b) is amended as follows.
2
In the words preceding sub-paragraph (i) omit “where the Board”.
3
At the beginning of sub-paragraph (i) insert “where the Board”.
4
At the end of sub-paragraph (i) omit “or”.
5
At the beginning of sub-paragraph (ii) insert “where the Board”
6
In sub-paragraph (ii) after “section 596(2)(b)” insert —
of the Income and Corporation Taxes Act or section 390 of the Income Tax (Earnings and Pensions) Act 2003
;
7
After sub-paragraph (ii) add —
; or
iii
which is for the time being a qualifying overseas pension scheme within the meaning of paragraph 5 of Schedule 33 to the Finance Act 2004.
.
David Varney
Helen Ghosh
Two of the Commissioners of Inland Revenue
10th December 2004


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (European Police Office) Order 2004 and shall come into force on the date on which the Protocol amending the Convention on the establishment of a European Police Office (Europol Convention) and the Protocol on the privileges and immunities of Europol, the members of its organs, the deputy directors and the employees of Europol signed at Brussels on 28th November 2002 enters into force in respect of the United Kingdom. That date shall be notified in the London, Edinburgh and Belfast Gazettes.
2
The protocol specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Greater Manchester (Light Rapid Transit System) (Exemptions) Order 2004 and shall come into force on 10th May 2004.
Interpretation
2
In this Order —
“ the Act ” means the Railways Act 1993;
“the Concessionaire” means
the person providing all of the railway passenger services on the Metrolink Light Rail Network pursuant to an agreement with the GMPTE for the time being, and
any person operating railway facilities (but not providing railway passenger services) on the Metrolink Light Rail Network pursuant to an agreement with the GMPTE for the time being,
and includes any third parties acting on behalf of those persons;
“the GMPTE” means the Greater Manchester Passenger Transport Executive;
“the Metrolink Light Rail Network” means Metrolink Phase 1 and Metrolink Phase 2;
“Metrolink Phase 1” means the light rail track constructed on the route shown on the map titled “Manchester Metrolink Network — Railways Act Exemptions” in Schedule 1 to this Order identified in the legend to that map as “Metrolink Phase 1”, together with any network installations associated with any of that track;
“Metrolink Phase 2” means the light rail track constructed on the route shown on the map titled “Manchester Metrolink Network — Railways Act Exemptions” in Schedule 1 to this Order identified in the legend to that map as “Metrolink Phase 2”, together with any network installations associated with any of that track;
“network depot” means a light maintenance depot which is used for the provision of light maintenance services which relate to locomotives and other rolling stock used in connection with railway passenger services provided on the Metrolink Light Rail Network;
“network installation” means any installation (other than track) which is comprised in a network;
“network station” means a station at which the only regular railway passenger services which are provided operate on the Metrolink Light Rail Network;
“network trains” means trains being used on the Metrolink Light Rail Network for the purpose of carrying passengers or for engineering or maintenance purposes; and
“railway passenger service” has the meaning given in section 83(1) of the Act.
Licence Exemption
3
1
Subject to article 10, exemption is hereby granted to the GMPTE and to the Concessionaire from the requirement in section 6 of the Act (prohibition on unauthorised operators of railway assets) to be authorised by licence to be the operator of the Metrolink Light Rail Network and such network depots, network stations, network interchanges and network trains as are used predominantly in connection with the provision of railway passenger services on that network.
2
In determining the predominant use of a railway asset for the purposes of this article, temporary use for any purpose and any use for emergency purposes shall be disregarded.
3
In this article, “network interchange” means, in relation to a station which is not a network station, such part of that station as is operated by the GMPTE or the Concessionaire in connection with the provision of regular railway passenger services on the Metrolink Light Rail Network.
Facility Exemption
4
1
Subject to article 10, exemption is hereby granted to the GMPTE and to the Concessionaire from the provisions of sections 17, 18 and 22A of the Act (access agreements) in respect of the Metrolink Light Rail Network and such network depots and network stations as are used predominantly in connection with the provision of railway passenger services on that network.
2
In determining the predominant use of a railway facility for the purposes of this article, temporary use for any purpose and any use for emergency purposes shall be disregarded.
3
Subject to article 10, exemption is hereby granted from the provisions of sections 17, 18 and 22A of the Act (access agreements) in respect of network interchanges.
4
In this article, “network interchange” means, in relation to a station which is not a network station, such part of that station as is used exclusively in connection with the provision of railway passenger services on the Metrolink Light Rail Network.
Franchise Exemption
5
Subject to article 10, exemption from designation under section 23(1) of the Act (passenger services to be subject to franchise agreements) is hereby granted to the GMPTE and to the Concessionaire in respect of railway passenger services provided exclusively on the Metrolink Light Rail Network.
Disapplication of closure provisions
6
Every railway passenger service which operates wholly or substantially on Metrolink Phase 2 is hereby designated as a service in relation to which section 37 of the Act (proposals to discontinue non-franchised etc. passenger services) is not to have effect.
7
Subject to article 11, the Metrolink Light Rail Network is hereby designated as a network in relation to which section 39 of the Act (notification of proposals to close operational passenger networks) is not to have effect.
8
Every station listed in Schedule 2 is hereby designated as a station in relation to which section 41 of the Act (notification of proposals to close railway facilities used in connection with passenger services) is not to have effect.
Application of alternative closure provisions
9
Every railway passenger service which operates wholly or substantially on Metrolink Phase 2 is hereby designated as a service in relation to which Schedule 5 to the Act (alternative closure procedure) is to have effect.
Existing Exemptions
10
Articles 3, 4 and 5 of this Order shall not apply to Metrolink Phase 1 to the extent that Metrolink Phase 1, and railway assets associated with Metrolink Phase 1, have the benefit of a licence exemption, facility exemption and franchise exemption by virtue of articles 3, 5 and 6 respectively of the Railways (Class and Miscellaneous Exemptions) Order 1994 at the date of this Order.
11
Article 7 of this Order shall not apply to the Metrolink Light Rail Network to the extent that article 7(2) of the Railways (Class and Miscellaneous Exemptions) Order 1994 provides that section 39 of the Act is not to have effect in relation to that network.
Revocation of Exemptions
12
1
Subject to paragraph (2), the Secretary of State may revoke an exemption conferred by this Order under article 3, 4 or 5 in relation to any person or railway assets to whom or to which the exemption applies.
2
Before exercising the power conferred by paragraph (1) the Secretary of State shall:
a
serve notice in writing on the relevant person, or on the operator of the railway asset in question, as the case may be, and on the GMPTE, informing them of the intention to revoke the exemption in respect of that person or asset, and inviting them to make representations in writing to the Secretary of State within such period, not being less than 28 days from the service of the notice, as may be specified in the notice; and
b
consider any representations so made.
Signed by authority of the Secretary of State for Transport
Kim Howells
Minister of State
Department for Transport
5th April 2004


text:
Citation
1
This Order may be cited as the The Beis Yaakov High School for Girls, Salford (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Beis Yaakov High School for Girls, Salford, Broom Lane, Bury New Road, Manchester, M7 4EW, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religion in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Jewish.
Shan Scott
A Divisional Manager in the
Department for Education and Skills
23rd July 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Charges for Drugs and Appliances) and (Travel Expenses and Remission of Charges) Amendment Regulations 2004 and shall come into force on 1st April 2004 except for regulations 5 and 6 which come into force on 6th April 2004.
2
These Regulations apply to England only.
3
In these Regulations —
a
“the Charges Regulations ” means the National Health Service (Charges for Drugs and Appliances) Regulations 2000 .
b
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 .
c
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
Amendments of the Charges Regulations to increase charges
2
1
The Charges Regulations are amended as follows.
2
In each of the following provisions, for “£6.30” in each place that it occurs there is substituted “£6.40” —
a
regulation 3(1)(a) and (b), (1A)(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) (charges for the supply of drugs under Patient Group Directions).
3
In each of the following provisions, for “£12.60” in each place that it occurs there is substituted “£12.80” —
a
regulation 3(1)(a) and (1A)(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 or 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(5) (pre-payment certificates) there is substituted —
a
for “£32.90”, “£33.40”; and
b
for “£90.40”, “£91.80”.
5
In column (2) of Schedule 1 (charges for fabric supports and wigs) there is substituted —
a
for “£21.20”, “£21.50”;
b
for “£32.00”, “£32.50”;
c
for “£52.30”, “£53.10”
d
for “£138.00”, “£140.15”; and
e
for “£201.70”, “£204.90”.
Amendments of the Charges Regulations concerning prisoners
3
1
In regulation 2(1) (interpretation) of the Charges Regulations, the following definitions are inserted at the appropriate alphabetical place —
“prison” includes a young offender institution but not a secure training centre or a naval, military or air force prison, and for the purposes of this definition —
“secure training centre” means a place in which offenders subject to detention and training orders under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders) may be detained and given training and education and prepared for their release; and
“young offender institution” means a place for the detention of offenders sentenced to detention in a young offender institution or to custody for life; and
“prisoner” means a person who is detained in a prison in which medical, dental, ophthalmic, pharmaceutical or nursing services are provided under the Act by, or under arrangements made by, a Primary Care Trust otherwise than by virtue of section 18A(5) of the Act (provision of services etc. ) .
.
2
After regulation 7 the following regulation is inserted —
Exemption from charges for prisoners
7A
A prisoner shall not be liable to pay any charge under these Regulations.
.
Transitional provisions relating to the Charges Regulations
4
Where, on or after 1st April 2004 —
a
any appliance specified in Schedule 1 to the Charges Regulations is supplied pursuant to an order given before that date; or
b
any pre-payment certificate is granted under regulation 9 of the Charges Regulations pursuant to an application under that regulation which was received before that date,
the Charges 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.
Amendments of the Travel Expenses and Remission of Charges Regulations
5
1
The Travel Expenses and Remission of Charges Regulations are amended as follows.
2
In regulation 2 (interpretation) after the definition of “relevant income” there is inserted the following definition —
“severe disability element” means the severe disability element of working tax credit as specified in section11(6)(d) of the Tax Credits Act 2002 (maximum rate) .
3
In regulation 5(1)(e) (entitlement to full remission and payment) —
a
in head (ii) after “disability element” there is inserted “or severe disability element”; and
b
for the figure “£14,200” there is substituted “£14,600”.
4
In regulation 14 (payment and repayment of NHS foreign travel expenses) for paragraph (2) there is substituted —
2
Paragraphs (2) to (4) of regulation 7 (claims to entitlement) apply to a claim (whether for payment or repayment) made under this regulation as if the references to the Secretary of State in those paragraphs were references to the health service body which arranged the services referred to in regulation 3(2).
.
Modifications of the Income Support Regulations in Schedule 1 of the Travel Expenses and Remission of Charges Regulations
6
1
Schedule 1 to the Travel Expenses and Income Support Regulations (Modifications of the Income Support Regulations), is amended in accordance with paragraphs (2) to 4).
2
In Table A, in the modifications of —
a
regulations 45 and 53 of the Income Support Regulations for “£19,500” in each place where it occurs, there is substituted “£20,000”; and
b
regulation 53 of the Income Support Regulations, for “£12,000” there is substituted “£12,250”.
3
In Table B, in the modifications of Schedule 2 to the Income Support Regulations —
a
for the first entry beginning “In column (1) of the Table” and ending “(4) Couple.” there is substituted —
In column (1) of the Table for sub-paragraphs (1) to (4) substitute —
Single person aged not less than 25;
Single person aged not less than 60;
Lone Parent;
Single person aged less than 25;
Couple;
Couple, where at least one partner is aged not less than 60.
;
b
for the second entry beginning “In column (2) of the Table” and ending “paragraph 3(d) of column (2) in the unmodified regulations.” there is substituted —
In column (2) of the Table (amounts) substitute —
against sub-paragraph (1) of column (1), the amount prescribed in paragraph (1)(e) of column (2) in the unmodified regulations;
against sub-paragraph (2) of column (1), the amount prescribed in regulation 6(1)(b) of the State Pension Credit Regulations;
against sub-paragraph (3) of column (1), the amount prescribed in paragraph (1)(e) of column (2) in the unmodified regulations;
against sub-paragraph (4) of column (1), the amount prescribed in paragraph (1)(d) of column (2) in the unmodified regulations;
against sub-paragraph (5) of column (1), the amount prescribed in paragraph (3)(d) of column (2)in the unmodified regulations.
against sub-paragraph (6) of column (1), the amount prescribed in regulation 6(1)(a) of the State Pension Credit Regulations.
;
c
for the third entry beginning “Omit paragraphs” and ending “15(2A).” there is substituted —
Omit paragraphs 1A, 2A, 6(2), 9, 9A, 10, 12(1)(c), 12(4), 15(2), 15(2A) and 15(3).
;
d
the sixth entry beginning “For Paragraph 10” and ending “less than 60.” is omitted;.
e
after the tenth entry beginning “In paragraph 12(1)(b)” and ending “28 weeks,”.” there is inserted the following entry —
In paragraph 12(1)(d)(ii) delete “higher pensioner premium or.
4
In Table B in the modification of Schedule 7 to the Income Support Regulations, in the fifth entry in head (b) in the second column of paragraph 10ZA —
a
omit the words “lone parent premium and”; and
b
for the reference to “paragraph 8” substitute “paragraph 3”.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
10th March 2004


text:
1
1
These Regulations may be cited as the Immigration (Provision of Physical Data) (Amendment) (No.2) Regulations 2004.
2
These Regulations, except regulation 2(b), shall come into force on 1st August 2004 and regulation 2(b) shall come into force on 1st September 2004.
2
The Schedule to the Immigration (Provision of Physical Data) Regulations 2003 is amended as follows:
a
before “Sri Lanka”, there is inserted “Rwanda”; and
b
after “Ethopia”, there is inserted “Kenya”.
Des Browne
Minister of State
Home Office
14th July 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations shall apply in relation to any case in which a person first fulfils the conditions of entitlement to a payment under the Pneumoconiosis etc. (Workers' Compensation) Act 1979 on or after the day on which they come into force.
Amendment of the Regulations
2
In the Pneumoconiosis etc. (Workers' Compensation) (Payment of Claims) Regulations 1988 —
a
for the Schedule to those Regulations there shall be substituted the Schedule set out in the Schedule to these Regulations;
b
in regulations 5(1) and 8 (minimum amounts payable to dependant), for the amount £2,068 there shall be substituted the amount £2,180;
c
in regulation 6(1) (payment where pneumoconiosis is accompanied by tuberculosis), for the amount £4,278 (in both places) there shall be substituted the amount £4,509.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
11th March 2004


text:
1
This Order may be cited as the Other Fuel Substitutes (Rates of Excise Duty etc.) (Amendment) Order 2004 and comes into force on 1st September 2004.
2
Amend the Other Fuel Substitutes (Rates of Excise Duty etc.) Order 1995 as follows.
3
In article 2(1) (interpretation) —
a
omit paragraphs (g) (definition of heavy oil) and (h) (definition of light oil), and
b
for paragraph (k) (definition of record) substitute —
k
“record” means the motor fuels record governed by regulation 13 of the Biofuels and Other Fuel Substitutes (Payment of Excise Duties etc.) Regulations 2004 .
4
In articles 3, 4(2)(b) and (3) and 5(4), after “light oil” insert “other than ultra low sulphur petrol and sulphur-free petrol”.
5
In article 4 (rates of duty for fuel substitutes) —
a
in paragraph (2)(a) (diesel substitutes), for “ultra low sulphur diesel” substitute “sulphur-free diesel”,
b
in paragraph (2)(c) (unleaded petrol substitutes), for “ultra low sulphur petrol” substitute “sulphur-free petrol”, and
c
in paragraph (4) (aviation gasoline substitutes), delete the words “one half of”.
6
In article 5(3) (multi-purpose additives and extenders), for “ultra low sulphur petrol” substitute “sulphur-free petrol”.
John Heppell
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
4th August 2004


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) (No. 4) Regulations 2004 and shall come into force on 9th November 2004.
2
In these Regulations–
“the 2002 Regulations ” means the Education (Student Support) (No. 2) Regulations 2002 .
Amendment of the 2002 Regulations
3
The 2002 Regulations shall be amended as follows.
4
There shall be substituted for paragraph 1(g) of Schedule 3 the following–
g
“new eligible student” means an eligible student starting a designated course on or after 1st September 2004 other than–
i
a designated course which is an end-on course in relation to a designated course which the student started before 1st September 2004; or
ii
a designated course to which the student’s eligibility has been transferred as a result of one or more transfers under regulation 7 from a designated course which he started before 1st September 2004;
.
5
In paragraph 4(10) and 4(11) of Schedule 3 there shall be inserted after “Where” the words “the Secretary of State determines that”.
6
There shall be substituted for paragraphs 5(2) and 5(3) of Schedule 3 the following–
2
Where the Secretary of State determines that the eligible student and his partner do not ordinarily live together throughout the relevant year, the partner’s income shall not be taken into account in determining the household income.
3
Where the Secretary of State determines that the eligible student and his partner do not ordinarily live together for part only of the relevant year, the partner’s income shall be determined by reference to his income under sub-paragraph (1) divided by fifty-two and multiplied by the number of complete weeks in the relevant year for which the Secretary of State determines that the eligible student and his partner ordinarily live together.
.
Kim Howells
Minister of State
Department for Education and Skills
5th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2004 and shall come into force on 13th January 2005.
Amendments to the 2003 Regulations
2
1
The Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 2003 are amended in accordance with paragraphs (2) to (7).
2
In paragraph 3 of Part 1 of Schedule 2, for “multiplier” substitute “multipliers”.
3
In paragraph 5 of Part 1 of Schedule 2, before paragraph (a) insert —
aa
the chargeable amount would fall to be calculated under section 43(4A) of the 1988 Act;
.
4
In paragraph 6 of Part 1 of Schedule 2, for the Explanatory Notes substitute the Explanatory Notes set out in Schedule 1 to these Regulations.
5
In paragraph (b) of Part 2 of Schedule 2, for the paragraphs under the heading “Rate relief for businesses in rural areas” substitute —
Certain types of properties in a rural settlement with a population below 3,000 - the only general store, post office or food shop and with a rateable value of less than £7,000 or the only public house or petrol station and with a rateable value of less than £10,500 - may be entitled to relief. The property has to be occupied and an eligible ratepayer is entitled to relief at 50% of the full charge whilst the local council also has discretion to give further relief on the remaining bill.
In addition, the local authority can give relief on certain other occupied property in a rural settlement where the rateable value is less than £14,000. Full details can be obtained from the local authority.
.
6
In paragraph 2 of Part 3 of Schedule 2, for “multiplier” substitute “multipliers”.
7
In paragraph 3 of Part 3 of Schedule 2, for the Explanatory Notes substitute the Explanatory Notes set out in Schedule 2 to these Regulations.
Revocation and savings
3
1
Subject to paragraph (2) the following are hereby revoked —
a
the Council Tax and Non-Domestic Rating (Demand Notices) (England) Regulations 1993 ;
b
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1995 ;
c
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1996 ;
d
article 74 of the Local Authorities (Contracting Out of Tax Billing, Collection and Enforcement Functions) Order 1996 ;
e
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 1997 ;
f
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) (Rural Rate Relief) Regulations 1998 ;
g
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2000 ;
h
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) ( No. 2) Regulations 2000 ;
i
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2001 ; and
j
the Council Tax and Non-Domestic Rating (Demand Notices) (England) (Amendment) Regulations 2002 .
2
The Regulations and article referred to in paragraph (1) shall continue to have effect in relation to any council tax or non-domestic rates in respect of a day falling before 1st April 2004 .
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State, Office of the Deputy Prime Minster
21st December 2004


text:
1
1
These Regulations may be cited as the Public Service Vehicle Operators (Qualifications) (Amendment) Regulations 2004.
2
These Regulations shall come into force on 1st January 2005.
3
These Regulations do not extend to Northern Ireland.
2
1
The Public Passenger Vehicles Act 1981 shall be amended as follows.
2
In paragraph 2(2) of Schedule 3 for “such a licence authorising the use of vehicles for international operations” substitute “a standard licence”.
Signed by authority of the Secretary of State for Transport
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
7th December 2004


text:
Title, application and commencement
1
These Regulations may be cited as the Food Labelling (Amendment) (England) (No. 2) Regulations 2004; they apply in relation to England only and come into force on 26th November 2004.
Amendment of the Food Labelling Regulations 1996
2
The Food Labelling Regulations 1996 shall be amended (in so far as they apply in relation to England) in accordance with regulations 3 to 15.
3
In regulation 2(1) (interpretation) —
a
after the definition of “advertisement” there shall be inserted the following definition —
“allergenic ingredient” means an ingredient referred to in Schedule AA1;
;
b
for the definition of “Directive 2000/13” there shall be substituted the following definition —
“Directive 2000/13” means Directive 2000/13/EC of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by —
Commission Directive 2001/101/EC , which was itself amended by Commission Directive 2002/86/EC ;
the Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded ; and
Directive 2003/89/EC of the European Parliament and of the Council ,
and as read with Commission Directive 99/10/EC providing for derogations from the provisions of Article 7 of Directive 2000/13/EC and Commission Directive 2002/67/EC on the labelling of foodstuffs containing quinine, and of foodstuffs containing caffeine;
.
4
In regulation 3(1A) (exemptions) after sub–paragraph (a) the word “or” shall be omitted and there shall be inserted the following sub–paragraph —
aA
regulation 44(1)(a) in relation to a contravention of regulation 34B concerning any prepacked food either contained in an indelibly marked glass bottle intended for re–use and having no label, ring or collar, or the largest surface of whose packaging has an area of less than ten square centimetres; or
.
5
In regulation 13 (order of list of ingredients), for paragraph (5) there shall be substituted the following paragraphs —
5
Where a food consists of, or contains, mixed fruit, vegetables or mushrooms which are used in proportions that are likely to vary and no particular fruit, vegetable or mushroom predominates significantly by weight, those ingredients may be grouped together in the list of ingredients under the designation “fruit”, “vegetables” or “mushrooms” followed by the phrase “in varying proportions”, followed by a list of the fruit, vegetables or mushrooms present; in such a case the total weight of the fruit, vegetables or mushrooms shall determine the order in which this entry appears in the list of ingredients.
6
Where a food consists of, or contains, mixed spices or herbs and no particular spice or herb predominates significantly by weight, those ingredients may be listed otherwise than in descending order of weight if —
a
in the case of a food which consists entirely of such a mixture, the heading of the list of ingredients includes or is accompanied by the words “in variable proportion” or other words indicating the nature of the order in which the ingredients are listed; and
b
in the case of a food which contains such a mixture, that part of the list where the names of those ingredients appear is accompanied by the words “in variable proportion” or other words indicating the nature of the order in which those ingredients are listed.
7
Ingredients constituting less than 2 per cent of the finished product may be listed in a different order after the other ingredients.
8
In the case of ingredients which —
a
are similar or mutually substitutable;
b
are likely to be used in the preparation of a food without altering its nature or its perceived value;
c
are not additives, allergenic ingredients or ingredients originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1; and
d
constitute less than 2 per cent of the finished product,
such ingredients may be referred to in the list of ingredients by means of the phrase “contains … and/or …”, where at least one of no more than two such ingredients is present in the finished product.
.
6
In regulation 14 (names of ingredients) —
a
in paragraphs (4) and (9) there shall be inserted at the beginning the words “Subject to regulation 34B,”;
b
in paragraph (5) after the words “Subject to paragraph (5A) of this regulation” there shall be inserted the words “and regulation 34B,”.
7
In regulation 15 (compound ingredients) —
a
in paragraphs (3) and (4) there shall be inserted at the beginning the words “Subject to regulation 34B,”;
b
in paragraph (4) after sub–paragraph (a) the word “or” shall be omitted and for sub–paragraph (b) there shall be substituted the following sub–paragraphs —
b
subject to paragraphs (5) and (6) of this regulation, the composition of the compound ingredient is defined in Community legislation and the compound ingredient constitutes less than 2 per cent of the finished product, or
c
subject to paragraphs (5) and (6) of this regulation, the compound ingredient consists of a mixture of spices or herbs or both and constitutes less than 2 per cent of the finished product.
;
c
after paragraph (4) there shall be inserted the following paragraphs —
5
Subject to regulation 17, any additive which is an ingredient of such a compound ingredient as is mentioned in paragraph (4)(b) or (4)(c) of this regulation shall be named in the list of ingredients in accordance with paragraph (2) of this regulation.
6
Where an ingredient of such a compound ingredient as is mentioned in paragraph (4)(b) or (4)(c) of this regulation has been irradiated, the name of that ingredient and the words required by paragraph 2 of Schedule 2 shall be given, except in the case of food which is prepared for patients requiring sterile diets under medical supervision.
.
8
In regulation 17 (ingredients which need not be named) —
a
there shall be inserted at the beginning the words “Subject to regulation 34B,”;
b
after paragraph (d) there shall be inserted the following paragraph —
e
any substance which is not an additive but which is used in the same way and for the same purpose as a processing aid.
.
9
In regulation 18 (foods which need not bear a list of ingredients) —
a
in paragraph (1) there shall be inserted at the beginning the words “Subject to regulation 34B”;
b
in paragraph (3) for the words “regulations 12 to 17” there shall be substituted the words “regulations 12 to 17 and 34B”.
10
In regulation 23 (food which is not prepacked and similar food, and fancy confectionery products) after paragraph (2) there shall be inserted the following paragraph —
2A
Food falling within paragraph (1)(a) or (1)(c) of this regulation need not be marked or labelled with any of the particulars specified in regulation 34B.
.
11
In regulation 27(1) (certain food sold at catering establishments), for the words “regulations 32, 33 and 34” there shall be substituted the words “regulations 32, 33, 34 and 34B”.
12
After regulation 34A (drinks with high caffeine content), there shall be inserted the following regulation —
Foods containing allergenic ingredients or ingredients originating from allergenic ingredients
34B
1
Subject to paragraph (2) of this regulation, where any food containing any allergenic ingredient, or any ingredient originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1, does not specify the allergenic ingredient in the name of the food, that food shall be marked or labelled with a clear reference to the name of the allergenic ingredient concerned.
2
In the case of any drink which has an alcoholic strength by volume of more than 1.2 per cent —
a
the presence of any allergenic ingredient shall be indicated by marking or labelling the drink with the word “contains” followed by the name of the allergenic ingredient; and
b
the presence of any ingredient originating from an allergenic ingredient referred to in paragraphs 1 to 11 of Schedule AA1 shall be indicated by marking or labelling the drink with the word “contains” followed by the name of the ingredient including a reference to the allergenic ingredient from which it originates,
unless the name of the allergenic ingredient is specified in the name of the drink or in the list of ingredients, if any.
.
13
In regulation 50 (transitional provision), there shall be inserted at the end the following paragraph —
12
In any proceedings for an offence under regulation 44(1)(a), it shall be a defence to prove that —
a
the food concerned was marked or labelled before 25th November 2005; and
b
the matters constituting the alleged offence would not have constituted an offence under these Regulations if the amendments made by the following provisions of the Food Labelling (Amendment) (England) (No. 2) Regulations 2004, namely —
i
regulation 3(b),
ii
regulation 5 in so far as it substitutes a new regulation 13(5), and
iii
regulations 6, 7, 8(a), 9, 12 and 15,
had not been in operation when the food was sold.
.
14
Immediately before Schedule A1, there shall be inserted as Schedule AA1 the contents of the Schedule to these Regulations.
15
In Schedule 3 (generic names in list of ingredients), in Part I (general) the entries relating to “Crystallised fruit” and “Vegetables” shall be omitted.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
20th October 2004


text:
Citation and commencement
1
These Regulations may be cited as the Local Authorities (Mayoral Elections) (England and Wales) (Amendment) Regulations 2004 and shall come into force on the day after that on which they are made.
Amendment of mayoral elections rules
2
1
The Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation), insert in the appropriate place in alphabetical order —
“election” or “mayoral election” means an election for the return of an elected mayor;
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985 ;
“local government election” shall have the same meaning as in section 203(1) of the 1983 Act ;
“referendum” means a referendum conducted under the Referendums Regulations;
“relevant election or referendum” means one or more of the following —
a Parliamentary election ;
a European Parliamentary election;
a local government election;
another mayoral election; and
a referendum,
the poll at which is taken together with the poll at the mayoral election;
3
In regulation 3(2), for the words “regulations 5 and 6”, substitute “regulation 6”.
4
For regulation 5 (combination of polls), substitute —
Combination of polls
5
Where the poll at a mayoral election is taken together with the poll at a relevant election or referendum , the Mayoral Elections Rules shall be modified so as to have effect as set out in Schedule 3.
5
In Schedule 1 in the Appendix of forms, in paragraph 7 of the form for the back of the Declaration of Identity, delete the words “and the envelopes marked “A” and “B””.
6
In Schedule 2, Table 4 shall cease to have effect.
7
For Schedule 3, substitute the schedule set out in the Schedule to these Regulations.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
12th March 2004


text:
This Order may be cited as the General Medical Council (Registration (Fees) (Amendment) Regulations) Order of Council 2004, and shall come into force on 1st January 2005.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Stockport (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Stockport;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Stockport (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Stockport Borough Council.
Wards of the borough of Stockport
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into twenty-one wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Stockport
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Stockport Borough Council shall make a print of the map marked “Map referred to in the Borough of Stockport (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Stockport (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(8).
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004


text:
1
This Order may be cited as the Christmas Day (Trading) Act 2004 (Commencement) Order 2004.
2
9th December 2004 is the appointed day for the coming into force of the Christmas Day (Trading) Act 2004.
Gerry Sutcliffe,
Parliamentary Under Secretary of State for Employment Relations, Postal Services and Consumers
Department of Trade and Industry
8th December 2004


text:
Citation, commencement, interpretation and application
1
These Regulations may be cited as the Education (Grants for Disabled Postgraduate Students) (Amendment) Regulations 2004 and shall come into force on 1st September 2004.
2
In these Regulations, “the 2000 Regulations ” means the Education (Grants for Disabled Postgraduate Students) Regulations 2000 .
3
The 2000 Regulations shall be amended in accordance with regulations 5, 6 and 7.
4
These Regulations shall not have effect in relation to an academic year (as defined in regulation 2(6) of the 2000 Regulations) which begins before 1st September 2004.
Amendment of the 2000 Regulations
5
1
Amend regulation 2 as follows.
2
In paragraph (1), for the definition of “Research Council or similar body” substitute —
“Research Council” means a research council mentioned in paragraph (7);
.
3
In paragraph (7) —
a
at the end of sub-paragraph (a), for “Council; and ” substitute “Council.”; and
b
omit sub-paragraph (b).
6
In regulation 3(2)(a)(iii), for “similar body” substitute “the Arts and Humanities Research Board”.
7
In regulation 9(2), for “£5,370” substitute “£5,500”.
Alan Johnson
Minister of State
Department for Education and Skills
29th June 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cambridgeshire) (City of Cambridge) Order 2004 and shall come into force on 25th October 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
1
Subject to paragraph (2), this Order applies to —
a
the whole of the city of Cambridge;
b
the part of the district of South Cambridgeshire situated between the boundary of the Trumpington park and ride site as indicated by the inner edge of the park and ride site boundary line and the boundary of the city of Cambridge indicated by the outer edge of the city council boundary line in plan 2 of Schedule 1 and the location of which in relation to the city of Cambridge is indicated in Plan 1 of Schedule 1;
c
the part of the district of South Cambridgeshire situated between the boundary of the Babraham Road park and ride site indicated by the inner edge of the boundary line of the Babraham Road park and ride site and the boundary of the city of Cambridge as indicated by the outer edge of the city council boundary line in plan 3 of Schedule 1 and the location of which in relation to the city of Cambridge is indicated in plan 1 of Schedule 1; and
d
the part of the district of South Cambridgeshire situated within the boundary of the Newmarket Road park and ride site as indicated by the inner edge of the park and ride site boundary line in plan 4 of Schedule 1 and the location of which in relation to the city of Cambridge is indicated in plan 1 of Schedule 1.
2
This Order does not apply to —
a
the entire length of the M11, including its on and off slip roads, within the city; and
b
the entire length of the A14 within the city.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 2 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 3 to this Order.
Signed by authority of the Secretary of State
Charlotte Atkins
Parliamentary Under Secretary of State
Department for Transport
15th September 2004


text:
1
1
This Order may be cited as the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) (Amendment No.2) Order 2004 and shall come into force on 31st October 2004.
2
In this Order the “ 2003 Order ” is the Export of Goods, Transfer of Technology and Provision of Technical Assistance (Control) Order 2003 .
2
For Schedule 5 to the 2003 Order there shall be substituted the following:
SCHEDULE 5
AMENDMENTS TO COUNCIL REGULATION ( EC ) NO. 1334/2000
Article 1(a) of Council Regulation (EC) No. 2432/2001 of 20 November 2001 (O.J. L 338, 20.12.2001, p.1)
Council Regulation (EC) No. 1504/2004 of 19 July 2004 (O.J. L 281, 31.08.2004, p1).
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
27th September 2004


text:
Citation and commencement
1
This Order may be cited as the West Northamptonshire Development Corporation (Area and Constitution) Order 2004, and shall come into force on the day after the day on which it is approved by resolution of each House of Parliament.
Designation of urban development area
2
1
The area comprising the three areas shown on the maps bounded externally by a black line and edged internally with a stippled band is hereby designated as an urban development area.
2
In paragraph (1), “the maps” means the set of maps numbered 1 to 3 entitled “Maps referred to in the West Northamptonshire Development Corporation (Area and Constitution) Order 2004”, of which prints, signed by a Director in the Office of the Deputy Prime Minister and dated 4th May 2004, are deposited and available for inspection at the offices of the First Secretary of State and the offices of Government Office for the East Midlands, Northamptonshire County Council, South Northamptonshire Council, Daventry District Council and Northampton Borough Council.
Establishment of the West Northamptonshire Development Corporation
3
1
For the purposes of regenerating the area designated by article 2(1) there is hereby established an urban development corporation named “West Northamptonshire Development Corporation”.
2
The corporation established by paragraph (1) shall consist of eleven members in addition to the chairman and deputy chairman.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
4th May 2004


text:
Citation
1
This Order may be cited as the Nationality, Immigration and Asylum Act 2002 (Commencement No. 9) Order 2004.
Commencement
2
Section 127 of the Nationality, Immigration and Asylum Act 2002 shall come into force on 10th December 2004.
Des Browne
Minister of State
Home Office
16th November 2004


text:
Citation and commencement
1
This Order may be cited as the Education (National Curriculum) (Foundation Stage Profile Assessment Arrangements) (England) (Amendment) Order 2004 and shall come into force on 31st March 2004.
Amendment of Order
2
1
The Education (National Curriculum) (Foundation Stage Profile Assessment Arrangements) (England) Order 2003 is amended in accordance with paragraph (2) below.
2
In article 4(4) for “by the end of the final term of the foundation stage and not later than 4th July falling in that term if earlier” substitute the following —
no later than the date two weeks before the last day of the final term of the foundation stage and, in any event, no later than 30th June falling in that term.
Stephen Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
8th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Value Added Tax (Amendment) Regulations 2004 and come into force on 1st April 2004.
Transitional provision: couriers using the flat-rate scheme for small businesses
2
1
If —
a
a person notified the Commissioners, on or before 2nd March 2004, of his desire to participate in the flat-rate scheme, and
b
at 1st April 2004 his main business activity is expected, on reasonable grounds, to be that of courier in the period beginning with 1st April 2004 and ending with 30th June 2004,
regulation 6 has effect in relation to him on 1st July 2004, not on 1st April 2004.
2
Except that if —
a
he begins to carry on a new business activity or ceases to carry on an existing business activity on any day falling within the period beginning with 1st April 2004 and ending with 30th June 2004, and
b
at the date of that change his main business activity is expected, on reasonable grounds, to be one other than that of courier in the period beginning with the date of the change and ending with 30th June 2004,
regulation 6 has effect in relation to him on the day that the change occurs.
3
In this regulation, “his main business activity” in a period is to be determined by reference to regulation 55K(4) of the Value Added Tax Regulations 1995 .
Amendment
3
The Value Added Tax Regulations 1995 are amended as follows.
Annual accounting scheme
4
In regulation 52(1)(b) (admission), for “£600,000” substitute “£660,000”.
5
In regulations 53(2)(a) and 54(1)(e) and (2) (exit), for “£750,000” substitute “£825,000”.
Flat-rate scheme for small businesses
6
In regulation 55K (category of business), in the Table —
a
in the box in the left-hand column that corresponds with the percentage of 2%, above the entry beginning “Retailing food” insert “Post offices”,
b
in the box in the left-hand column that corresponds with the percentage of 5.5%, delete “Postal and courier services”,
c
in the box in the left-hand column that corresponds with the percentage of 9%, for “Transport or storage, including freight, removals and taxis” substitute “Transport or storage, including couriers, freight, removals and taxis”.
Cash accounting scheme
7
In regulation 58(1)(a) (admission), for “£600,000” substitute “£660,000”.
8
In regulation 60(1) (exit), for “£750,000” substitute “£825,000”.
9
For regulation 61 (rules on withdrawal), substitute —
61
1
Subject to paragraph (2), a person who ceases to operate the scheme, either of his own volition or because the value of taxable supplies made by him exceeds the level provided for in regulation 60(1), must —
a
settle up, or
b
apply transitional arrangements.
2
Where the value of taxable supplies made by a person in the period of three months ending at the end of the prescribed accounting period in which he ceased to operate the scheme has exceeded £660,000, he may not apply transitional arrangements.
3
In paragraph (1)(a), “settle up” means account for and pay on a return made for the prescribed accounting period in which he ceased to operate the scheme —
a
all VAT that he would have been required to pay to the Commissioners during the time when he operated the scheme, if he had not then been operating the scheme, minus
b
all VAT accounted for and paid to the Commissioners in accordance with the scheme, subject to any adjustment for credit for input tax.
4
In paragraph (1)(b), “apply transitional arrangements” means continue to operate the scheme in respect of his scheme supplies for 6 months after the end of the prescribed accounting period in which he ceased to operate the scheme.
5
In paragraph (4), “scheme supplies” means supplies made and received while he operated the scheme that are not excluded from the scheme by virtue of regulation 57A or 58 or conditions described in a notice.
6
Where a person chooses to apply transitional arrangements, he shall account for and pay on a return made for the first prescribed accounting period that ends 6 months or more after the end of the prescribed accounting period in which he ceased to operate the scheme —
a
all VAT that he would have been required to pay to the Commissioners during the time when he operated the scheme, if he had not then been operating the scheme, minus
b
all VAT accounted for and paid to the Commissioners in accordance with the scheme (including any VAT accounted for and paid because he applied transitional arrangements), subject to any adjustment for credit for input tax.
10
After regulation 64 insert —
Bad debt relief
64A
Where a person accounts for and pays VAT in relation to a supply in accordance with regulation 61(3) or (6) or 64(2), he shall be treated for the purposes of section 36(1)(a) of the Act as having accounted for and paid VAT on the supply in the prescribed accounting period in which he ceased to operate the scheme.
.
M J Hanson
Commissioner of Customs and Excise
New King’s Beam House 22 Upper Ground London SE1 9PJ
17th March 2004


text:
Citation and commencement
1
This Order may be cited as the Local Government (Best Value) Performance Indicators and Performance Standards (Amendment) (No. 2) Order 2004 and shall come into force on 17th May 2004.
Amendment of the Local Government (Best Value) Performance Indicators and Performance Standards Order 2003
2
1
The Local Government (Best Value) Performance Indicators and Performance Standards Order 2003 is amended as follows.
2
In article 16 (performance indicators for fire services) for the words “1 to 11” substitute “1 to 7”.
3
For Schedule 14 substitute —
SCHEDULE 14
Article 16
FIRE SERVICES PERFORMANCE INDICATORS
Indicator Number Description of indicator
1
The number of calls to fire attended:
total calls (excluding false alarms) per 10,000 population;
primary fires per 10,000 population;
accidental fires in dwellings per 10,000 dwellings.
2
The number of —
deaths; and
injuries (excluding precautionary checks),arising from accidental fires in dwellings per 100,000 population.
3
The percentage of accidental fires in dwellings confined to room oforigin.
4 The number of calls to malicious false alarms per 1,000 population. 5 False alarms caused by automatic fire detection apparatus per 1,000 non–domestic properties. 6 Expenditure per head of population on the provision of fire and rescueservices. 7 Number of deliberate fires per 10,000 population.
Signed by authority of the First Secretary of State
Nick Raynsford
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
21st April 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Student Fees (Approved Plans) (England) Regulations 2004 and shall come into force on the day after the day on which they are made.
2
These Regulations apply in England.
Interpretation
2
In these Regulations “the 2004 Act ” means the Higher Education Act 2004.
Content of approved plans
3
A plan must include provisions requiring the governing body of the institution to do the following —
a
to take, or secure the taking of, the measures set out in the plan in order to attract an increased number of applications from prospective students who are members of groups which, at the time when the plan is approved, are under-represented in higher education;
b
to provide, or secure the provision of, bursaries and other forms of financial assistance set out in the plan to students undertaking a course at the institution;
c
to make the arrangements set out in the plan to make available to students undertaking a course at the institution and prospective students wishing to undertake such a course information about financial assistance available to them from any source;
d
to make the arrangements set out in the plan to inform any prospective student before he commits himself to undertake a course at the institution of the aggregate amount of fees that the institution will charge for the completion of the course;
e
to monitor in the manner set out in the plan its compliance with the provisions of the plan and its progress in achieving its objectives set out in the plan by virtue of regulation 4; and
f
to provide the Director with such information as he may reasonably require from time to time.
4
A plan must set out the objectives of the institution, determined by its governing body, relating to the promotion of equality of opportunity .
Approval of plans
5
Where the governing body of an institution applies to the Director for approval of a proposed plan, the following procedure applies: —
a
the Director must inform the governing body within a reasonable time whether he approves the plan or whether he is minded not to approve the plan, giving reasons in the latter case;
b
where the Director informs the governing body under paragraph (a) that he is minded not to approve the plan, the governing body may, within a reasonable time, do either or both of the following —
i
make representations as to why the Director should approve the plan, or
ii
modify the plan;
c
where the governing body acts in accordance with paragraph (b), the Director must within a reasonable time consider the representations or modifications (or both) to the plan and, having considered them, inform the governing body whether or not he approves the plan;
d
where the governing body does not act in accordance with paragraph (b) within a reasonable time, the Director must, within a further reasonable time, inform the governing body whether or not he approves the plan.
6
Where the Director has approved a plan, the institution must publish it in a manner which makes it conveniently accessible to students and prospective students.
Duration of plans
7
The maximum period of time during which a plan may be in force is five years.
Variation of plans
8
The governing body may at any time within the period during which an approved plan is in force apply to the Director for approval of a variation of the plan. Where the governing body does so, the procedure to be followed shall be as set out in regulations 5 and 6, as if in those regulations all occurrences of the word “plan” were substituted by “variation”.
Enforcement of plans
9
The Director must act in accordance with the following procedure in connection with the giving of any direction or notification under section 37(1) of the 2004 Act —
a
where the Director considers that the governing body may have failed to comply with any provision of the plan, he must inform the governing body of that fact, specifying the provision, and give the governing body a reasonable time within which to make representations;
b
where the governing body makes representations within a reasonable time, the Director must consider the representations and, having considered them, inform the governing body whether he is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;
c
where the governing body does not make representations within a reasonable time, the Director must inform the governing body whether he is satisfied that the governing body has failed to comply with any provision of the plan, and if so, specify the provision;
d
where the Director has informed the governing body that he is satisfied that the governing body has failed to comply with a specified provision of the plan, the Director may inform the governing body that he is minded to do either or both of the following —
i
direct the Higher Education Funding Council for England or the Teacher Training Agency or both under section 37(1)(a) of the 2004 Act to impose on the governing body specified financial requirements under section 24(3) of that Act, or
ii
notify the governing body under section 37(1)(b) of the 2004 Act that on the expiry of the existing plan he will refuse to approve a new plan under section 34 of that Act during the period specified in the notification;
e
where the Director has informed the governing body under paragraph (d), he must give the governing body a reasonable time within which to make representations as to the amount of the specified financial requirements to be included in the direction or the financial consequences of the refusal to approve a new plan;
f
where the governing body makes representations within a reasonable time, the Director must consider the representations and, having considered them —
i
where the Director had informed the governing body that he was minded to make a direction under section 37(1)(a) of the 2004 Act, he must either make such a direction and provide the governing body with a copy of it or not make such a direction and inform the governing body, and
ii
where the Director had informed the governing body that he was minded to notify the governing body under section 37(1)(b) of the 2004 Act, he must either so notify the governing body or inform the governing body that he will not issue such a notification;
g
where the governing body does not make representations within a reasonable time —
i
where the Director had informed the governing body that he was minded to make a direction under section 37(1)(a) of the 2004 Act, he must either make such a direction and provide the governing body with a copy of it or not make such a direction and inform the governing body, and
ii
where the Director had informed the governing body that he was minded to notify the governing body under section 37(1)(b) of the 2004 Act, he must either so notify the governing body or inform the governing body that he will not issue such a notification.
10
The Director may specify as the financial requirements by virtue of section 37(1)(a) of the 2004 Act all or any of the following reductions in the amount of the institution’s grant, loan or other payment mentioned in section 24(4)(b) or (c) of that Act —
a
subject to regulation 11, a specified amount which in the opinion of the Director approximately equals 110 per cent of the total amount by which fees charged to students have exceeded the relevant maximum fees permitted by the plan;
b
a specified amount which in the opinion of the Director approximately equals 110 per cent of the total amount by which in any year the expenditure incurred in compliance with provisions included in the plan pursuant to regulation 3(a), (b) and (c) falls short of any expenditure levels set out in the plan , and
c
a specified amount which the Director considers appropriate in view of the severity of the governing body’s failure to comply with the plan, up to maximum of £500,000.
11
Where fees charged to students have exceeded the higher amount as well as the relevant maximum permitted by the plan, then the Director must, in calculating the amount to be specified for the purposes of regulation 10(a), disregard any amount by which the fees exceed the higher amount.
12
A direction under section 37(1)(a) of the 2004 Act must provide that where the governing body satisfies the Director that it has refunded in respect of all or substantially all of the students concerned the whole or substantially the whole of the total amount by which fees charged exceeded the maximum fees permitted by the plan, any reduction in grant specified under regulation 10(a) will cease to have effect.
13
A direction under section 37(1)(a) of the 2004 Act may provide that where the governing body satisfies the Director that in any subsequent year it has incurred expenditure in compliance with provisions included in the plan pursuant to regulation 3(a), (b) and (c) which exceeds the expenditure levels set out in the plan by the shortfall mentioned in regulation 10(b), any reduction in grant specified under regulation 10(b) will cease to have effect.
14
A direction under section 37(1)(a) of the 2004 Act may provide that any reduction in grant specified under regulation 10(c) will have effect only once the Director confirms that he is not satisfied that the governing body has done either or both of the following —
a
refunded in respect of all or substantially all of the students concerned the whole or substantially the whole of the total amount by which fees charged exceeded the maximum fees permitted by the plan; or
b
incurred expenditure in compliance with provisions included in the plan pursuant to regulation 3(a), (b) and (c) which exceeds the expenditure levels set out in the plan by the shortfall mentioned in regulation 10(b).
Review of decisions
15
Any of the following decisions of the Director have effect in the first instance as a provisional decision —
a
any decision to approve a plan under regulation 5(a) and any decision to approve or not to approve a plan under regulation 5 (c) or (d);
b
any decision to approve or not to approve a variation under regulation 8;
c
any enforcement decision under regulation 9(b), (c), (f)(i), (f)(ii), (g)(i) or (g)(ii).
16
The governing body of the institution may apply for a review of a provisional decision of the Director to a person or panel of persons appointed by the Secretary of State .
17
A provisional decision shall become final if the governing body informs the Director that it accepts the provisional decision or if the governing body does not apply for a review within 20 calendar days of its date.
18
If the governing body does apply for a review, the Director must reconsider his provisional decision having regard to any recommendation made as a result of the review and must issue a final decision within a reasonable time.
19
The grounds on which the governing body may apply for a review are–
a
the governing body presents a material factor for consideration to which for good reason it had not previously drawn the Director’s attention;
b
the governing body considers that the Director had disregarded a material factor which he should have considered; or
c
the governing body considers that the provisional decision is disproportionate in view of all the relevant facts which were considered by the Director.
20
The review of the provisional decision is to be undertaken by a person or panel of persons appointed by the Secretary of State.
21
In making the appointment of the person or panel of persons the Secretary of State shall act in accordance with the principles set out in the Code of Practice for Ministerial Appointments to Public Bodies issued by the Commissioner for Public Appointments in December 2003.
22
The Secretary of State may pay remuneration and allowances to any person appointed in accordance with regulation 20.
Kim Howells
Minister of State,Department for Education and Skills
20th September 2004


text:
Citation, commencement, effect and transitional provision.
1
1
These Regulations may be cited as the Insurance Companies (Taxation of Reinsurance Business)(Amendment) Regulations 2004 and shall come into force on 16th September 2004.
2
Regulation 4(2) and (3) shall have effect with respect to accounting periods beginning on or after 1st January 2003.
3
Notwithstanding paragraph (2), no amount shall be treated as an amount of investment return given by regulation 4 the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 for an accounting period ending before 1 January 2004 if that amount arises solely by virtue of the amendment made to that regulation by regulation 4(3) of this instrument.
Amendment of the Insurance Companies (Taxation of Reinsurance Business) Regulations 1995
2
1
The Insurance Companies (Taxation of Reinsurance Business) Regulations 1995 are amended as follows.
3
In regulation 3(1) , in the definition of “P” after “premium” insert —
or otherwise, or treated as paid where that company makes a payment to another person, and in pursuance of any arrangements that other person or a person connected with it (within the meaning of section 839 of the Taxes Act 1988) puts the reinsurer in funds
.
4
1
Amend regulations 4 and 5 as follows.
2
In both regulations 4 and 5 , omit the words “(but excluding any” to “the Prudential Sourcebook (Insurers))” wherever they appear.
3
In —
a
regulation 4, in the definition of P after “otherwise”; and
b
in regulation 5, in the definition of P(n) after “otherwise”
insert the words —
,or treated as paid where that company makes a payment to another person, and in pursuance of any arrangements that other person or a person connected with it (within the meaning of section 839 of the Taxes Act 1988) puts the reinsurer in funds
.
5
1
In regulation 9 —
a
in paragraph (1), for “(4A)” substitute “(4)”; and
b
paragraph (4A) is revoked.
Revocation
6
In the Insurance Companies (Taxation of Reinsurance Business) Regulations 2003, regulations 4(a), 5(a) and 9(2) and (4) are revoked.
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
26th August 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment Regulations 2004 and shall come into force on 25th October 2004.
2
In these Regulations “the Principal Regulations ” means the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 .
Application of the Regulations
2
Regulations 3 and 4 shall apply only in respect of claims for funeral expenses from the social fund where the date of death is on or after 25th October 2004.
Amendment of regulation 7 of the Principal Regulations
3
1
Regulation 7 of the Principal Regulations (entitlement to payment for funeral expenses) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (4) omit “or” after sub-paragraph (c) and after sub-paragraph (d) add —
; or
a person ordinarily resident outside the United Kingdom.
.
3
For paragraph (7) substitute —
7
Paragraph (6) shall not apply where the close relative who was in closer contact with the deceased than the responsible person or, as the case may be, was in equally close contact with the deceased —
a
was under the age of 18 at the date of death and was the only close relative (apart from any other person who was under the age of 18 at that date) to whom either sub-paragraph (a) or (b) of paragraph (6) applies; or
b
is a person ordinarily resident outside the United Kingdom.
.
Amendment of regulation 7A of the Principal Regulations
4
In regulation 7A of the Principal Regulations (amount of funeral payment), in paragraph (2)(a)(ii) after the words “where the burial takes place” there shall be inserted the words “, or the fees levied by a private grave-digger,”.
Signed by authority of the Secretary of State for Work and Pensions
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
25th September 2004