text:
Citation and commencement
1
These Regulations may be cited as the Radio Equipment and Telecommunications Terminal Equipment (Amendment No. 2) Regulations 2003 and shall come into force on 29th December 2003.
Amendment to the Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 as amended
2
1
The Radio Equipment and Telecommunications Terminal Equipment Regulations 2000 as amended (“the Principal Regulations”) shall be further amended in accordance with this regulation.
2
References in the Principal Regulations to “the Director” shall be treated as references to OFCOM save only that the second reference in regulation 13(7) to the Director is not so treated.
3
In regulation 2 paragraph (1): —
after the definition of “medical device” there shall be inserted the following definition:
“OFCOM” means the Office of Communications established under the Office of Communications Act 2002 .
4
In regulation 12:
a
in the heading and in sub-paragraph (1)(a) for the words “Secretary of State” there shall be substituted the word “OFCOM”; and
b
in paragraph (1) for the words “Secretary of State at the Radiocommunications Agency” there shall be substituted the word “OFCOM”.
5
For Regulation 13(6) there shall be substituted the following:
13
6
If, following any representation made to it OFCOM concludes that any interface specification contains insufficient information for the purpose of paragraph (5), OFCOM may direct the public telecommunications network operator to
a
amend the interface specification in order to remedy the defect; and
b
publish the amended interface specification in accordance with the provisions of paragraph (5).
.
6
In regulation 18:
a
in paragraph (3) for the words “section 29 of the Consumer Protection Act 1987 as it is applied by Schedule 9” there shall be substituted the words “paragraph 8 of Schedule 9”; and
b
in paragraph (5) after the words “sections 94–97” there shall be inserted the words “and section 98(1)–(3)”.
7
After regulation 18 there shall be inserted the following regulation: —
Duty of enforcement authority to inform Secretary of State of action taken
18A
An enforcement authority shall, where action has been taken by it to prohibit or restrict the supply or taking into service (whether under these Regulations or otherwise) of any relevant apparatus, forthwith inform the Secretary of State of the action taken, and the reasons for it, with a view to this information being passed by her to the Commission.
.
8
In regulation 21(1) after the words “regulation 19” there shall be inserted the words “or paragraph 11(1) of Schedule 9”.
9
In regulation 22(1) after the words “regulation 19” there shall be inserted the words “or paragraph 11(1) of Schedule 9”.
10
For Schedule 9 there shall be substituted the following Schedule: —
SCHEDULE 9
ENFORCEMENT
Regulation 18
PART I
Enforcement authorities
1
It shall be the duty of the following authorities to enforce these Regulations:
1
in Great Britain:
a
OFCOM, insofar as action taken to enforce a regulation relates to the protection and management of the radio spectrum; and
b
a local weights and measures authority within their area; and
2
in Northern Ireland:
a
OFCOM, insofar as action taken to enforce a regulation relates to the protection and management of the radio spectrum; and
b
the district councils within their area.
2
The Secretary of State may enforce these Regulations.
3
In this Schedule —
“Local weights and measures authority” has the meaning given by section 69 of the Weights and Measures Act 1985 .
4
Nothing in these Regulations shall authorise any enforcement authority to bring proceedings in Scotland for an offence.
PART II
Enforcement in Great Britain
5
Suspension notices
1
Where an enforcement authority has reasonable grounds for suspecting that any regulation has been contravened in relation to any apparatus, the authority may serve a notice (“a suspension notice”) prohibiting the person on whom it is served, for such period ending not more than six months after the date of the notice as is specified therein, from doing any of the following things without the consent of the authority, that is to say, supplying the apparatus, offering to supply it, agreeing to supply it or exposing it for supply.
2
A suspension notice served by an enforcement authority in respect of any apparatus shall —
a
describe the apparatus in a manner sufficient to identify it;
b
set out the grounds on which the authority suspects that a regulation has been contravened in relation to the apparatus; and
c
state that, and the manner in which, the person on whom the notice is served may appeal against the notice under paragraph 6 below.
3
A suspension notice served by an enforcement authority for the purpose of prohibiting a person for any period from doing the things mentioned in sub-paragraph (1) above in relation to any apparatus may also require that person to keep the authority informed of the whereabouts throughout that period of any of the apparatus in which he has an interest.
4
Where a suspension notice has been served on any person in respect of any apparatus, no further such notice shall be served on that person in respect of the same apparatus unless —
a
proceedings against that person for an offence in respect of a contravention in relation to the apparatus of a regulation (not being an offence under this sub-paragraph); or
b
proceedings for the forfeiture of the apparatus under paragraph 21 or 22 below,
are pending at the end of the period specified in the first-mentioned notice.
5
A consent given by an enforcement authority for the purposes of sub-paragraph (1) above may impose such conditions on the doing of anything for which the consent is required as the authority considers appropriate.
6
Any person who contravenes a suspension notice shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale or to both.
7
Where an enforcement authority serves a suspension notice in respect of any apparatus, the authority shall be liable to pay compensation to any person having an interest in the apparatus in respect of any loss or damage caused by reason of the service of the notice if —
a
there has been no contravention in relation to the apparatus of any regulation; and
b
the exercise of the power is not attributable to any neglect or default by that person.
8
Any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
6
Appeals against suspension notices
1
Any person having an interest in any apparatus in respect of which a suspension notice is for the time being in force may apply for an order setting aside the notice.
2
An application under this paragraph may be made —
a
to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland —
i
for an offence in respect of a contravention in relation to the apparatus of any regulation; or
ii
for the forfeiture of the apparatus under paragraph 21 below;
b
where no such proceedings have been so brought, by way of complaint to a magistrates' court; or
c
in Scotland, by summary application to the sheriff.
3
On an application under this paragraph to a magistrates' court in England and Wales or Northern Ireland the court shall make an order setting aside the suspension notice only if the court is satisfied that there has been no contravention in relation to the apparatus of any regulation.
4
On an application under this paragraph to the sheriff he shall make an order setting aside the suspension notice only if he is satisfied that at the date of making the order —
a
proceedings for an offence in respect of a contravention in relation to the apparatus of any regulation; or
b
proceedings for the forfeiture of the apparatus under paragraph 22 below,
have not been brought or, having been brought, have been concluded.
5
Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision —
a
in England and Wales, to the Crown Court;
b
in Northern Ireland, to the county court;
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).
7
Test purchases
1
An enforcement authority shall have power, for the purpose of ascertaining whether any regulation has been contravened in relation to any apparatus to make, or to authorise an officer of the authority to make, any purchase of any apparatus.
2
Where —
a
any apparatus purchased under this paragraph by or on behalf of an enforcement authority is submitted to a test; and
b
the test leads to —
i
the bringing of proceedings for an offence in respect of a contravention in relation to the apparatus of any regulation or for the forfeiture of the apparatus under paragraph 21 or 22 below; or
ii
the serving of a suspension notice in respect of any apparatus; and
c
the authority is requested to do so and it is practicable for the authority to comply with the request,
the authority shall allow the person from whom the apparatus was purchased or any person who is a party to the proceedings or has an interest in any apparatus to which the notice relates to have the apparatus tested.
8
Powers of search etc
1
Subject to the following provisions of this Part, a duly authorised officer of an enforcement authority may at any reasonable hour and on production, if required, of his credentials exercise any of the powers conferred by the following provisions of this paragraph.
2
The officer may, for the purposes of ascertaining whether there has been any contravention of any regulation, inspect any apparatus and enter any premises other than premises occupied only as a person’s residence.
3
The officer may, for the purpose of ascertaining whether there has been any contravention of any regulation, examine any procedure (including any arrangements for carrying out a test) connected with the production of any apparatus.
4
If the officer has reasonable grounds for suspecting that there has been a contravention in relation to any apparatus of any regulation, he may —
a
for the purpose of ascertaining whether there has been any such contravention, require any person carrying on a business, or employed in connection with a business, to produce any documents or information relating to the business;
b
for the purpose of ascertaining (by testing or otherwise) whether there has been any such contravention, seize and detain the apparatus;
c
take copies of, or any entry in, any records produced by virtue of sub-paragraph (a) above.
5
The officer may seize and detain —
a
any apparatus or records which he has reasonable grounds for believing may be required as evidence in proceedings for an offence in respect of a contravention of any regulation;
b
any apparatus which he has reasonable grounds for suspecting may be liable to be forfeited under paragraph 21 or 22 below.
6
If and to the extent that it is reasonably necessary to do so to prevent a contravention of any regulation, the officer may, for the purpose of exercising his power under sub-paragraph (4) or (5) above to seize any apparatus or documents or information —
a
require any person having authority to do so to open any container; and
b
himself open or break open any such container where a requirement made under sub-paragraph (a) above in relation to the container has not been complied with.
9
Provisions supplemental to paragraph 8
1
An officer seizing any apparatus or records under paragraph 8 above shall inform the following persons that the apparatus or documents or information have been so seized, that is to say —
a
the person from whom they are seized; and
b
in the case of imported apparatus seized on any premises under the control of the Commissioners of Customs and Excise, the importer of the apparatus (within the meaning of the Customs and Excise Management Act 1979) .
2
If a justice of the peace —
a
is satisfied by any written information on oath that there are reasonable grounds for believing either —
i
that any apparatus or documents or information which any officer has power to inspect under paragraph 8 above are on any premises and that their inspection is likely to disclose evidence that there has been a contravention of any regulation; or
ii
that such a contravention has taken place, is taking place or is about to take place on any premises; and
b
is also satisfied by any such information either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant under this sub-paragraph has been given to the occupier; or
ii
that an application for admission, or the giving of such a notice, would defeat the object of the entry or that the premises are unoccupied or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant under his hand, which shall continue in force for a period of one month, authorise any officer of an enforcement authority to enter the premises, if need be by force.
3
An officer entering any premises by virtue of paragraph 8 above or a warrant under sub-paragraph (2) above may take with him such other persons and such equipment as may appear to him necessary.
4
On leaving any premises which a person is authorised to enter by a warrant under sub-paragraph (2) above, that person shall, if the premises are unoccupied or the occupier is temporarily absent, leave the premises as effectively secured against trespassers as he found them.
5
If any person who is not an officer of an enforcement authority purports to act as such under paragraph 8 or this paragraph he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
6
Where any apparatus seized by an officer under paragraph 8 above is submitted to a test, the officer shall inform the persons mentioned in sub-paragraph (1) above of the result of the test and, if —
a
proceedings are brought for an offence in respect of a contravention in relation to the apparatus of any regulation or for the forfeiture of the apparatus under paragraph 21 or 22, or a suspension notice is served in respect of any apparatus; and
b
the officer is requested to do so and it is practicable to comply with the request,
the officer shall allow any person who is a party to the proceedings or, as the case may be, has an interest in the apparatus to which the notice relates to have the apparatus tested.
7
In the application of this paragraph to Scotland, the reference in sub-paragraph (2) above to a justice of the peace shall include a reference to a sheriff and the references to written information on oath shall be construed as references to evidence on oath.
8
In the application of this paragraph to Northern Ireland, the references in sub-paragraph (2) above to any information on oath shall be construed as references to any complaint on oath.
10
Power of customs officer to detain apparatus
1
A customs officer may, for the purpose of facilitating the exercise by an enforcement authority or officer of such an authority of any functions conferred on the authority or officer by or under this Schedule in its application for the purposes of these Regulations, seize any imported apparatus and detain it for not more than two working days.
2
Anything seized and detained under this paragraph shall be dealt with during the period of its detention in such manner as the Commissioners of Customs and Excise may direct.
3
In sub-paragraph (1) above the reference to two working days is a reference to a period of forty-eight hours calculated from the time when the apparatus in question is seized but disregarding so much of any period as falls on a Saturday or Sunday or on Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the part of the United Kingdom where the apparatus is seized.
4
In this paragraph and paragraph 11 below “customs officer” means any officer within the meaning of the Customs and Excise Management Act 1979.
11
Obstruction of authorised officer
1
Subject to regulations 21 and 22 any person who —
a
intentionally obstructs any officer of an enforcement authority who is acting in pursuance of any provision of this Part or any customs officer who is so acting; or
b
intentionally fails to comply with any requirement made of him by any officer of an enforcement authority under any provision of this Part of this Schedule; or
c
without reasonable cause fails to give any officer of an enforcement authority who is so acting any other assistance or information which the officer may reasonably require of him for the purposes of the exercise of the officer’s functions under any provision of this Part of this Schedule,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
A person shall be guilty of an offence if, in giving any information which is required of him by virtue of sub-paragraph (1)(c) above —
a
he makes any statement which he knows is false in a material particular; or
b
he recklessly makes a statement which is false in a material particular.
3
A person guilty of an offence under sub-paragraph (2) above shall be liable —
a
on conviction on indictment, to a fine;
b
on summary conviction, to a fine not exceeding the statutory maximum.
12
Appeals against detention of apparatus
1
Any person having an interest in any apparatus which is for the time being detained under any provision of this Part of this Schedule by an enforcement authority or by an officer of such an authority may apply for an order requiring the apparatus to be released to him or to another person.
2
An application under this paragraph may be made —
a
to any magistrates' court in which proceedings have been brought in England and Wales or Northern Ireland —
i
for an offence in respect of a contravention in relation to the apparatus of any regulation; or
ii
for the forfeiture of the apparatus under paragraph 21;
b
where no such proceedings have been so brought, by way of complaint to a magistrates' court; or
c
in Scotland, by summary application to the sheriff.
3
On an application under this paragraph to a magistrates' court or to the sheriff, an order requiring apparatus to be released shall be made only if the court or sheriff is satisfied —
a
that proceedings —
i
for an offence in respect of a contravention in relation to the apparatus of any regulation; or
ii
for the forfeiture of the apparatus under paragraph 21 or 22,
have not been brought or, having been brought, have been concluded without the apparatus being forfeited; and
b
where no such proceedings have been brought, that more than six months have elapsed since the apparatus was seized.
4
Any person aggrieved by an order made under this paragraph by a magistrates' court in England and Wales or Northern Ireland, or by a decision of such a court not to make such an order, may appeal against that order or decision —
a
in England and Wales, to the Crown Court;
b
in Northern Ireland, to the county court;
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of the order pending the making and determination of any appeal (including any application under section 111 of the Magistrates' Courts Act 1980 or Article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).
13
Compensation for seizure and detention
1
Where an officer of an enforcement authority exercises any power under paragraph 8 above to seize and detain apparatus, the enforcement authority shall be liable to pay compensation to any person having an interest in the apparatus in respect of any loss or damage caused by reason of the exercise of the power if —
a
there has been no contravention in relation to the apparatus of any regulation; and
b
the exercise of the power is not attributable to any neglect or default by that person.
2
Any disputed question as to the right to or the amount of any compensation payable under this paragraph shall be determined by arbitration or, in Scotland, by a single arbiter appointed, failing agreement between the parties, by the sheriff.
14
Recovery of expenses of enforcement
1
This paragraph shall apply where a court —
a
convicts a person of an offence in respect of a contravention in relation to any apparatus of any regulation; or
b
makes an order under paragraph 21 or 22 for the forfeiture of any apparatus.
2
The court may (in addition to any other order it may make as to costs or expenses) order the person convicted or, as the case may be, any person having an interest in the apparatus to reimburse an enforcement authority for any expenditure which has been or may be incurred by that authority —
a
in connection with any seizure or detention of the apparatus by or on behalf of the authority; or
b
in connection with any compliance by the authority with directions given by the court for the purposes of any order for the forfeiture of the apparatus.
15
Power of Commissioners of Customs and Excise to disclose information
1
If they think it appropriate to do so for the purpose of facilitating the exercise by any person to whom sub-paragraph (2) below applies of any functions conferred on that person by or under these Regulations, the Commissioners of Customs and Excise may authorise the disclosure to that person of any information obtained for the purposes of the exercise by the Commissioners of their functions in relation to imported apparatus.
2
This sub-paragraph applies to an enforcement authority and to any officer of an enforcement authority.
3
A disclosure of information made to any person under sub-paragraph (1) above shall be made in such manner as may be directed by the Commissioners of Customs and Excise and may be made through such persons acting on behalf of that person as may be so directed.
4
Information may be disclosed to a person under sub-paragraph (1) above whether or not the disclosure of the information has been requested by or on behalf of that person.
16
Service of documents etc
1
Any document required or authorised by virtue of this Schedule to be served on a person may be so served —
a
by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or
b
if a person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary or clerk of that body; or
c
if the person is a partnership, by serving it in accordance with that paragraph on a partner or on a person having control or management of the partnership business.
2
For the purposes of sub-paragraph (1) above, and for the purposes of section 7 of the Interpretation Act 1978 (which relates to the service of documents by post) in its application to that sub-paragraph, the proper address of any person on whom a document is to be served by virtue of this Schedule shall be his last known address except that —
a
in the case of service on a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of the body corporate;
b
in the case of service on a partnership or a partner or a person having the control or management of a partnership business, it shall be the principal office of the partnership;
and for the purposes of this sub-paragraph the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom is its principal office within the United Kingdom.
17
Savings for certain privileges
1
Nothing in this Schedule shall be taken as requiring any person to produce any records if he would be entitled to refuse to produce those records in any proceedings in any court on the grounds that they are the subject of legal professional privilege or, in Scotland, that they contain a confidential communication made by or to an advocate or solicitor in that capacity, or as authorising any person to take possession of any records which are in the possession of a person who would be so entitled.
2
Nothing in this Schedule shall be construed as requiring a person to answer any question or give any information if to do so would incriminate that person or that person’s spouse.
18
Commencement of proceedings
In England and Wales, a magistrates' court may try an information in respect of an offence committed under these Regulations if the information is laid 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.
Enforcement in Northern Ireland
19
The provisions of paragraphs 5 to 17 shall have effect.
20
Commencement of proceedings
A magistrates' court may try a complaint in respect of an offence committed under these Regulations if the complaint is made within twelve months from the time when the offence is committed.
Forfeiture of apparatus: England and Wales and Northern Ireland
21
1
An enforcement authority in England and Wales or Northern Ireland may apply under this paragraph for an order for the forfeiture of any apparatus on the grounds that there has been a contravention in relation thereto of regulation 5.
2
An application under this paragraph may be made —
a
where proceedings have been brought in a magistrates' court in respect of an offence in relation to some or all of the apparatus under regulation 19 to that court; and
b
where no application for the forfeiture of the apparatus has been made under sub-paragraph (a), by way of complaint to a magistrates' court.
3
On an application under this paragraph the court shall make an order for the forfeiture of the apparatus if it is satisfied that there has been a contravention in relation thereto of regulation 5.
4
For the avoidance of doubt it is hereby declared that a court may infer for the purposes of this paragraph that there has been a contravention in relation to any apparatus of regulation 5 if it is satisfied that that regulation has been contravened in relation to any apparatus (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
5
Any person aggrieved by an order made under this paragraph by a magistrates' court, or by a decision of such court not to make such an order, may appeal against that order or decision —
a
in England and Wales, to the Crown Court
b
in Northern Ireland, to the county court,
and an order so made may contain such provision as appears to the court to be appropriate for delaying the coming into force of an order pending the making and determination of any appeal (including any application under paragraph 111 of the Magistrates' Courts Act 1980, or article 146 of the Magistrates' Courts (Northern Ireland) Order 1981 (statement of case)).
6
Subject to sub-paragraph (7), where any apparatus is forfeited under this paragraph it shall be destroyed in accordance with such directions as the court may give.
7
On making an order under this paragraph a magistrates' court may, if it considers it appropriate to do so, direct that the apparatus to which the order relates shall (instead of being destroyed) be released, to such person as the court may specify, on condition that that person —
a
does not supply the apparatus to any person otherwise than —
i
to a person who carries on a business of buying apparatus of the same description as the first mentioned product and repairing or reconditioning it; or
ii
as scrap (that is to say, for the value of materials included in the apparatus rather than for the value of the apparatus itself); and
b
complies with any order to pay costs or expenses which has been made against that person in the proceedings for the order for forfeiture.
Forfeiture of apparatus: Scotland
22
1
In Scotland a sheriff may make an order for forfeiture of any apparatus for private use or consumption in relation to which there has been a contravention of any provision of regulation 5 —
a
on an application by the procurator-fiscal made in the manner specified in section 134 of the Criminal Procedure (Scotland) Act 1995 , or
b
where a person is convicted of any offence in respect of any such contravention, in addition to any other penalty which the sheriff may impose.
2
The procurator-fiscal making an application under sub-paragraph (1)(a) shall serve on any person appearing to him to be the owner of, or otherwise to have an interest in, the apparatus to which the application relates a copy of the application, together with a notice giving him the opportunity to appear at the hearing of the application to show cause why the apparatus should not be forfeited.
3
Service under sub-paragraph (2) shall be carried out, and such service may be proved, in the manner specified for citation of an accused in summary proceedings under the Criminal Procedure (Scotland) Act 1995.
4
Any person upon whom a notice is served under sub-paragraph (2) and any other person claiming to be the owner of, or otherwise to have an interest in, the apparatus to which an application under this paragraph relates shall be entitled to appear at the hearing of the application to show cause why the apparatus should not be forfeited.
5
The sheriff shall not make an order following an application under sub-paragraph (1)(a) —
a
if any person on whom notice is served under sub-paragraph (2) does not appear, unless service of the notice on that person is proved; or
b
if no notice under sub-paragraph (2) has been served, unless the court is satisfied that in the circumstances it was reasonable not to serve notice on any person.
6
The sheriff shall make an order under this paragraph only if he is satisfied that there has been a contravention in relation to the apparatus of regulation 5.
7
For the avoidance of doubt it is declared that the sheriff may infer for the purposes of this paragraph that there has been a contravention in relation to any apparatus of regulation 5 if he is satisfied that that regulation has been contravened in relation to an item of apparatus which is representative of that apparatus (whether by reason of being of the same design or part of the same consignment or batch or otherwise).
8
Where an order for the forfeiture of any apparatus is made following an application by the procurator-fiscal under sub-paragraph (1)(a), any person who appeared, or was entitled to appear, to show cause why it should not be forfeited may, within twenty-one days of the making of the order, appeal to the High Court by Bill of Suspension on the ground of an alleged miscarriage of justice; and section 182(5)(a) to (e) of the Criminal Procedure (Scotland) Act 1995 shall apply to an appeal under this sub-paragraph as it applies to a stated case under Part X of that Act.
9
An order following an application under sub-paragraph (1)(a) shall not take effect —
a
until the end of the period of twenty-one days beginning with the day after the day on which the order was made; or
b
if an appeal is made under sub-paragraph (8) within that period, until the appeal is determined or abandoned.
10
An order under sub-paragraph (1)(b) shall not take effect —
a
until the end of the period within which an appeal against the order could be brought under the Criminal Procedure (Scotland) Act 1995; or
b
if an appeal is made within that period, until the appeal is determined or abandoned.
11
Subject to sub-paragraph (12), apparatus forfeited under this paragraph shall be destroyed in accordance with such directions as the sheriff may give.
12
If he thinks fit, the sheriff may direct the apparatus to be released to such person as he may specify, on condition that that person does not supply it to any person otherwise than —
a
to a person who carries on a business of buying apparatus of the same description as the first-mentioned apparatus and repairing or re-conditioning it; or
b
as scrap (that is to say, for the value of material included in the apparatus rather than for the value of the apparatus).
.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
3rd December 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Town and Country Planning (Costs of Inquiries etc.) (Examination in Public) (England) Regulations 2003 and shall come into force on 23rd May 2003.
2
These Regulations apply in England only.
Application
2
These Regulations apply in relation to any person (“the appointed person”) who is after 2003 appointed to conduct, or is appointed as one of the persons who are to conduct, an examination in public under section 35B(1) of the Town and Country Planning Act 1990 (“the 1990 Act ”) and whose remuneration, and travelling or subsistence allowances (if any) in respect of that appointment are to be paid to him by the local planning authority causing the examination to be held.
Standard daily amount
3
The standard daily amount prescribed under section 303A(8) of the 1990 Act is £323.
Travelling allowances
4
The travelling allowance prescribed under section 303A(8) of the 1990 Act in respect of the appointed person is —
a
where he travels by means of his own private motor car, or such a vehicle for his use, in connection with the examination in public —
i
where it is not reasonably practicable for him to travel by means of rail, bus or coach, 40 pence for each mile up to 4,000 miles and 24 pence for each mile in excess of 4,000;
ii
where it is reasonably practicable for him to travel by means of rail, bus or coach, 24 pence per mile;
iii
if he is accompanied by a passenger who is also an appointed person, the appointed person who is not a passenger is entitled to an additional allowance of 3 pence for each mile he travels in connection with the examination in public for the first such passenger and 2 pence per mile for every other such passenger.
b
where he travels by means of his own private motor cycle, or such a vehicle for his use, the amount per mile specified in the second or third column in Schedule 1 to these Regulations according to the cyclinder capacity of the motor cycle engine specified in those columns and the type of insurance cover taken out by the appointed person in relation to that motor cycle specified in the first column;
c
where he travels by means of a pedal cycle, 12 pence per mile;
d
where he travels by means of transport other than that described in sub-paragraphs (a), (b) or (c), the actual cost of first class or other class of rail, bus, coach or taxi fares which he incurs except that taxi fares are included within such an allowance only to the extent that it is not reasonably practicable for the appointed person to travel by means of rail, bus or coach.
Subsistence allowance
5
1
The subsistence allowance prescribed under section 303A(8) of the 1990 Act, except as specified in paragraph (2), in respect of absence of the appointed person from his usual place of residence for the period described in the first column of Schedule 2 to these Regulations, is the actual cost of meals consumed by that person during that period or the amount specified in relation to it in the second column of that Schedule, whichever is the less.
2
For each complete period of 24 hours the appointed person necessarily spends away from his usual place of residence to enable him to conduct the business of the examination in public he shall be entitled to allowances of —
a
the actual cost of accommodation and meals during that period, subject to a maximum amount of —
i
£95 per night spent away from his place of residence, where the examination in public is in the area of the London boroughs, the City of London, the City of Westminster, the Inner Temple or the Middle Temple;
ii
£75 per night where the examination in public is in any other area; or
iii
£25 per night where the appointed person stays with friends or relatives; and
b
£5 for incidental expenses.
Signed by authority of the First Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
29th April 2003


text:
PART 1
GENERAL
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Code of Conduct) (Local Determination) Regulations 2003 and shall come into force on 30th June 2003.
2
These Regulations apply to relevant authorities in England and to police authorities in Wales .
Interpretation
2
1
In these Regulations —
“ the Act ” means the Local Government Act 2000;
“Adjudication Panel” means, in respect of a relevant authority in England, the Adjudication Panel for England established under section 75(1) of the Act and, in respect of a police authority in Wales, the Adjudication Panel for Wales established under section 75(2) of the Act;
“any other authority concerned” means any authority of which a person was a member at the time the matters complained of occurred;
“appeals tribunal” means a tribunal constituted in accordance with Part 3 of these Regulations;
“authority” means a relevant authority in England and a police authority in Wales;
“an authority’s code of conduct” means a code of conduct adopted by an authority under section 51 of the Act and includes any mandatory provisions of the model code of conduct which apply to the members and co-opted members of an authority pursuant to subsection (5)(b) of that section;
“authorities concerned” means the authority of which a person is a member and, where at the time any matter complained of took place that person was a member of another authority, that authority;
“the authority concerned” means the authority of which a person is a member;
“ethical standards officer” means, subject to paragraph (2), an ethical standards officer appointed under section 57(5)(a) of the Act;
“ethical standards officer concerned” means the ethical standards officer who referred any matter under consideration to a monitoring officer or a standards committee;
“member”, except where the context otherwise requires, means a member or co-opted member of an authority ;
“monitoring officer” means the monitoring officer designated in respect of an authority in accordance with the provisions of section 5 of the Local Government and Housing Act 1989 ;
“the parish councils concerned” means the parish council of which a person is a member and, where at the time any matter complained of took place that person was a member of another parish council, that council;
“the Standards Board” means the Standards Board for England established under section 57 of the Act ;
“standards committee” means the standards committee, or sub-committee of a standards committee, which exercises functions in relation to an authority under sections 54 and 55 of the Act ;
2
Any reference in these Regulations to an ethical standards officer shall, as regards Police Authorities in Wales, be construed as a reference to a Local Commissioner in Wales.
Amendment of the Relevant Authorities (Standards Committees) Regulations 2001
3
1
The Relevant Authorities (Standards Committees) Regulations 2001 shall be amended in accordance with the following provisions.
2
For regulation 7(1) there shall be substituted the following provision —
7
1
Subject to paragraphs (2), (3) and (4), Part VA of the 1972 Act shall apply in relation to meetings of a standards committee, or sub-committee of a standards committee, of an authority as it applies to meetings of a principal council.
3
After regulation 7(3) there shall be inserted the following provision —
4
Where a meeting of a standards or a sub-committee of a standards committee is convened to consider a matter referred under the provisions of section 64(2) or 71(2) of the Act the provisions of Schedule 12A of the 1972 Act shall apply with the addition of the following descriptions of exempt information after paragraph 15 of Part I of that Schedule —
16
Information relating to the personal circumstances of any person.
17
Information which is subject to any obligation of confidentiality.
18
Information which relates in any way to matters concerning national security.
19
The deliberations of a standards committee or of a sub-committee of a standards committee established under the provisions of Part III of the Local Government Act 2000 in reaching any finding on a matter referred under the provisions of section 64(2) of 71(2) of the Local Government Act 2000.
Modification of section 63 of the Local Government Act 2000
4
1
The provisions of section 63(1) of the Act shall apply in respect of standards committees and appeals tribunals in the performance of any of their functions under these Regulations subject to the modification set out below.
2
Section 63(1) of the Act shall be modified so that after paragraph (a) there is inserted the following paragraph —
aa
the disclosure is made for the purpose of enabling a standards committee or sub-committee of a standards committee established under this Part to perform any of its functions under this Part or under Regulations made under this Part in connection with the investigation and consideration of an allegation of a breach of an authority’s code of conduct or is made for the purpose of enabling a tribunal drawn from members of the Adjudication Panel to consider any appeal from a finding of such a standards committee or sub-committee in connection with an allegation of a breach of an authority’s code of conduct.
PART 2
CONSIDERATION BY STANDARDS COMMITTEES
Reports received by a monitoring officer
5
Where a matter is referred to a monitoring officer of an authority under section 64(2) or 71(2) of the Act he shall —
a
send a copy of any report received from the ethical standards officer who has referred the matter to any member who is the subject of such a report; and
b
arrange for the standards committee of that authority to meet to consider that report.
Hearings by standards committees
6
1
Where a monitoring officer refers to a standards committee a report received from the ethical standards officer under section 64(2) or 71(2) of the Local Government Act 2000 the standards committee shall convene to conduct a hearing in relation to the allegation that the member failed to comply with the authority’s code of conduct or with the code of conduct of any other authority concerned.
2
The standards committee of an authority shall ensure that —
a
the hearing is conducted having regard to any guidance issued by the Standards Board pursuant to section 57(5) of the Act;
b
subject to sub-paragraph (c), the hearing is held within the period of three months beginning on the date on which the monitoring officer first received a report pursuant to sections 64(2) or 71(2) of the Act;
c
the hearing shall not be held until at least 14 days after the date on which the monitoring officer sent the report under the provisions of regulation 5(a) to the member who is to be the subject of the hearing unless the member concerned agrees to the hearing being held earlier;
d
any member who is the subject of a report being considered by the standards committee is given an opportunity to present evidence in support of his case; and
e
any member who is the subject of a report being considered by the standards committee is given the opportunity to make representations at the hearing —
i
either orally or, if he so chooses, in writing; and
ii
either himself or, if he so chooses, through any representative appointed by him pursuant to paragraph (7).
3
A standards committee may, subject to the provisions of paragraph (2), conduct a hearing using such procedures as it considers appropriate in the circumstances.
4
A standards committee may arrange for the attendance at a hearing of such witnesses as it deems appropriate.
5
Subject to paragraph (6), a member who is the subject of a hearing may arrange for the attendance at that hearing of such witnesses as he wishes.
6
A standards committee may place a limit on the number of witnesses a member may call if it is of the view that the number the member proposes to call is unreasonable.
7
Any member who is the subject of a hearing may be represented by counsel, by a solicitor or, with the prior consent of the standards committee, by any person whom he wishes to represent him.
8
If a member who is the subject of a report to the standards committee fails to attend a hearing of which he has had notice, the standards committee may —
a
unless it is satisfied that there is sufficient reason for such failure, consider the allegation and make a determination in the absence of the member; or
b
adjourn the hearing to another date.
Findings of standards committees
7
1
Following a hearing held pursuant to regulation 6(1), a standards committee shall make one of the following findings —
a
that the member who was the subject of the hearing had not failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned;
b
that the member who was the subject of the hearing had failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned but that no action needs to be taken in respect of the matters which were considered by the standards committee; or
c
that the member who was the subject of the hearing had failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned and that a sanction under paragraph (2) or (3) should be imposed.
2
If a standards committee makes a finding under paragraph (1)(c) in respect of a person who is no longer a member of any authority in respect of which that standards committee exercises any functions under Part III of the Act, it shall censure that person.
3
If a standards committee makes a finding under paragraph (1)(c) in respect of a member who is a member of an authority in respect of which that standards committee exercises any functions under Part III of the Act, it shall impose any one of, or any combination of, the following sanctions —
i
censure of that member;
ii
restriction for a maximum period of three months of that member’s access to the premises of the authority and that member’s use of the resources of the authority, provided that any such restrictions imposed upon the member —
aa
are reasonable and proportionate to the nature of the breach; and
bb
do not unduly restrict the member’s ability to perform his functions and duties as a member.
iii
partial suspension of that member for a maximum period of three months;
iv
partial suspension of that member for a maximum period of three months or until such time as he submits a written apology or undertakes any training or conciliation specified by the standards committee;
v
suspension of that member for a maximum period of three months;
vi
suspension of that member for a maximum period of three months or until such time as he submits a written apology or undertakes any training or conciliation specified by the standards committee.
4
Subject to paragraph (5), any sanction imposed under this regulation shall commence immediately following its imposition by the standards committee.
5
A standards committee may direct that any sanction imposed under paragraphs (3)(ii) to (vi) shall commence on any date within a period of six months after the imposition of that sanction.
Notification of findings of standards committees
8
1
A standards committee of an authority shall, as soon as reasonably practicable —
a
take reasonable steps to give written notice of a finding made under regulation 7 and the reasons for such finding to —
i
the member who is the subject of that finding;
ii
the ethical standards officer concerned;
iii
the standards committee of the authority concerned;
iv
the standards committee of any other authority concerned;
v
any parish councils concerned; and
vi
any person who made an allegation that gave rise to the investigation; and
b
subject to paragraph (2), arrange for a summary of the finding to be published in one or more newspapers circulating in the area of the authorities concerned.
2
Where the standards committee makes a finding under regulation 7(1)(a), the notice under paragraph (1)(a) shall —
a
state that the standards committee found that the member who was the subject of the hearing had not failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned and shall give its reasons for reaching that finding; and
b
not be published in summary in accordance with paragraph (1)(b), if the member concerned so requests.
3
Where the standards committee makes a finding under regulation 7(1)(b), the notice under paragraph (1)(a) shall —
a
state that the standards committee found that the member who was the subject of the hearing had failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned but that no action needs to be taken in respect of that failure;
b
specify the details of the failure;
c
give reasons for the decision reached by the standards committee; and
d
state that the member concerned may apply for permission to appeal against the finding under the provisions of Part 3 of these Regulations.
4
Where the standards committee makes a finding under regulation 7(1)(c), the notice under paragraph (1)(a) shall —
a
state that the standards committee found that the member who was the subject of the hearing had failed to comply with the code of conduct of the authority concerned or the code of conduct of any other authority concerned;
b
specify the details of the failure;
c
give reasons for the decision reached by the standards committee;
d
specify the sanction imposed in accordance with regulation 7(2) or (3), and
e
state that the member concerned may apply for permission to appeal against the finding under the provisions of Part 3 of these Regulations.
PART 3
APPEALS
Notice of appeals
9
1
Where a standards committee of an authority makes a finding under regulation 7(1) the member who is the subject of that finding may, by way of notice in writing given to the president of the Adjudication Panel, seek permission to appeal.
2
Such notice requesting permission to appeal must be received by the president of the Adjudication Panel within 21 days of the member’s receipt of notification of a finding made under regulation 7(1) and must specify —
a
the reasons for the appeal; and
b
whether or not that member consents to the appeal being conducted by way of written representations.
3
An application for permisson to appeal shall be decided by the president of the Adjudication Panel or, in his absence, by the deputy president on consideration of the application and, unless the president or the deputy president (as the case may be) considers that special circumstances render a hearing desirable, in the absence of the parties.
4
In reaching his decision as to whether to give permission to appeal against the finding of a standards committee under regulation 7(1)(b) pursuant to paragraph (3) the president, or in his absence the deputy president, shall have regard to whether there is a reasonable prospect of the appeal being successful (either in whole or in part).
5
The president or, in his absence, the deputy president shall, within 21 days of receipt of a notice requesting permission to appeal given in accordance with paragraphs (1) and (2), send notice of the decision made pursuant to paragraph (3) to —
a
the member who gave notice of appeal;
b
the ethical standards officer concerned;
c
the standards committee of the authorities concerned;
d
any parish councils concerned; and
e
any person who made an allegation that gave rise to the investigation.
6
If permission is refused the notice given under paragraph (5) shall give the reasons for that decision.
Conduct of appeals
10
1
Where permission for an appeal to proceed has been given pursuant to regulation 9 the person sending notice of that decision shall refer that matter to a tribunal (referred to in these Regulations as an “appeals tribunal”) which shall conduct an appeal in accordance with this Part.
2
Where a member does not indicate his consent to an appeal being conducted by written representations in accordance with regulation 9(2)(b), an appeals tribunal shall conduct an appeal hearing.
3
Where an appeal hearing is to be held the member concerned shall be given 21 days notice in writing of the date of the hearing by the appeals tribunal.
4
Where a member indicates his consent to an appeal being conducted by written representations in accordance with regulation 9(2)(b), an appeals tribunal may either —
a
conduct an appeal hearing; or
b
conduct the appeal by way of written representations,
as the appeals tribunal shall see fit.
5
The member concerned may appear at any hearing before the appeals tribunal in person or may be represented by counsel, a solicitor or, subject to the prior consent of the appeals tribunal, any person whom he desires to represent him.
Composition of appeals tribunals
11
1
An appeals tribunal shall consist of not less than three members appointed by the president of the Adjudication Panel (or in his absence the deputy president) from the members of the Adjudication Panel.
2
The president or the deputy president of the Adjudication Panel may be a member of an appeals tribunal.
3
A member of the Adjudication Panel may not at any time be a member of an appeals tribunal drawn from the Panel which is to conduct an appeal on a matter relating to a member of an authority if, within the period of five years ending with that time, the member of the Adjudication Panel has been a member or an officer of any of the authorities concerned or a member of any committee, sub-committee, joint committee or joint sub-committee of any of the authorities concerned.
4
A member of the Adjudication Panel who is directly or indirectly interested in any matter which is, or is likely to be, the subject of an appeal conducted by an appeals tribunal —
a
must disclose the nature of his interest to the president or deputy president of that Panel; and
b
may not be a member of an appeals tribunal which conducts an appeal in relation to that matter.
5
An appeals tribunal shall conduct an appeal using such procedures as it considers appropriate in the circumstances.
Failure of member to attend appeal hearing
12
1
If a member fails to attend or be represented at an appeal hearing of which he has been duly notified, the appeals tribunal may —
a
unless it is satisfied that there is sufficient reason for such absence, hear and determine the appeal in that person’s absence, or
b
adjourn the hearing.
2
Before deciding to determine an appeal in the absence of a member, the appeals tribunal shall consider any representations in writing submitted by that person in response to the notice of hearing and, for the purpose of this paragraph, any reply shall be treated as a representation in writing.
Outcome of appeals
13
1
An appeals tribunal which conducts an appeal under this Part must uphold or dismiss the finding or, if it so decides, part of the finding of a standards committee made under regulation 7(1).
2
Where an appeals tribunal upholds the finding, or part of a finding, of a standards committee made under regulation 7(1), it may —
a
approve any penalty imposed by that committee;
b
require that committee to impose a penalty under regulation 7(2) or (3); or
c
require that committee to impose a different penalty under regulation 7(2) or (3) from that already imposed.
3
Where an appeals tribunal dismisses the finding of a standards committee made under regulation 7(1), the decision of that committee (including any sanction imposed) shall cease to have effect from the date of that dismissal.
4
The appeals tribunal must give written notice of its decision to —
a
the member who is the subject of the decision to which the notice relates;
b
the ethical standards officer concerned;
c
the standards committee of the authorities concerned; and
d
any person who made an allegation that gave rise to the investigation.
5
The appeals tribunal must arrange for a summary of its decision to be published in one or more newspapers circulating in the area of the authorities concerned.
6
A standards committee must comply with any decision of an appeals tribunal of which it is given notice under this regulation.
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
5th June 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Community Care (Delayed Discharges etc.) Act (Qualifying Services) (England) Regulations 2003 and shall come into force on 9th June 2003.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
a
“community equipment (aids and minor adaptations) service” means a qualifying service which consists of the provision of an aid, or a minor adaptation to property, for the purposes of assisting with nursing at home or aiding daily living; and, for the purposes of this paragraph, an adaptation is “minor” if the cost of making the adaptation is £1000 or less; and
b
“intermediate care” means a qualifying service which consists of a structured programme of care provided for a limited period of time to assist a person to maintain or regain the ability to live in his home.
Qualifying services
3
The qualifying services prescribed for the purposes of section 15(1) of the Community Care (Delayed Discharges etc.) Act 2003 are intermediate care and community equipment (aids and minor adaptations) services.
Qualifying services to be provided free of charge
4
1
A community equipment (aids and minor adaptations) service is required to be provided free of charge to any person to whom it is provided where the provision of that service begins on or after the date on which these regulations come into force.
2
A period of intermediate care which begins on or after these regulations come into force is required to be provided free of charge to any person to whom it is provided for any period up to and including six weeks.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
30th April 2003


text:
Title, commencement and extent
1
This Order may be cited as the Food Safety (Ships and Aircraft) (England and Scotland) Order 2003; it comes into force on 18th August 2003 and extends to England and Scotland only.
Interpretation
2
1
In this Order —
“ the Act ” means the Food Safety Act 1990;
“exempt ship or aircraft” means any sovereign immune ship or aircraft or any ship of a State other than the United Kingdom which is exercising the right of innocent passage through that part of the United Kingdom territorial sea adjacent to England or Scotland;
“home-going ship” means a ship which is engaged exclusively in —
plying in internal waters, or
excursions which last not more than one day, start and end in Great Britain and do not involve calling at any place outside Great Britain;
“innocent passage” has the same meaning as it has for the purposes of Part II Section 3A of the United Nations Convention on the Law of the Sea;
“internal waters” has the same meaning as it has for the purposes of Article 8(1) of the United Nations Convention on the Law of the Sea;
“the principal Hygiene and Temperature Control provisions” means —
in relation to England, the Food Safety (General Food Hygiene) Regulations 1995 , except regulation 4A of and Schedule 1A to those Regulations (licences for butchers' shops), and the Food Safety (Temperature Control) Regulations 1995 , except regulations 4 to 9 and 12 and Part III of those Regulations; and
in relation to Scotland, the Food Safety (General Food Hygiene) Regulations 1995 , except regulation 4A of and Schedule 1A to those Regulations (licences for butchers' shops), and the Food Safety (Temperature Control) Regulations 1995 except Part II and regulations 13 to 15 of those Regulations;
“sovereign immune ship or aircraft” means a ship or aircraft belonging to a State other than the United Kingdom and which is not in use for commercial purposes;
“territorial sea” has the same meaning as it has for the purposes of the Territorial Sea Act 1987 .
Ships and aircraft as premises for specified purposes
3
“Premises” shall include any ship or aircraft of a description specified in the Schedule to this Order for any purpose of the Act or regulations or orders made under it as is specified in that Schedule in relation to that ship or aircraft.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under-Secretary of State,
Department of Health
17th July 2003


text:
1
These Regulations may be cited as the Education Maintenance Allowance (Pilot Areas) (Amendment) Regulations 2003.
2
These Regulations come into force —
a
for the purposes of regulation 4(b), on 1 st April 2003; and
b
for all other purposes, on 1 st August 2003.
3
The Education Maintenance Allowance (Pilot Areas) Regulations 2001 shall be amended as follows.
4
In regulation 2(1) (Interpretation) —
a
for paragraph (a) of the definition of “parent” substitute the following paragraph —
a
in regulation 5 means the mother or father of a student or child (including the mother or father by adoption) but not any other person with parental responsibility for the student or child (and child shall be construed accordingly), and;
b
in paragraph (i) of the definition of “vulnerable student” substitute “carer's” for “invalid care ”.
5
In regulation 5 (Income condition) —
a
in paragraph (5) after “For the purposes of this Regulation” insert “and subject to paragraphs (6A) and (6B)”;
b
in paragraph (6) —
i
in sub-paragraph (a) —
aa
after “a child” insert “over compulsory school age”;
bb
for “Part IV” substitute “Part IX”;
ii
in sub-paragraph (b) —
aa
after “(excluding the student in respect of whom the allowances are to be paid)” insert “being a child over compulsory school age and”;
bb
after “Part III” omit “of that Act” and insert “of the 1992 Act and in respect of whom there remains an entitlement to child benefit under Part IX of that Act”;
c
after paragraph (6) insert the following paragraphs —
6A
Where income computed in accordance with paragraphs (5) and (6) exceeds the relevant amount there shall be deducted from that income an additional £1,000 multiplied by the number of applicable children and for the purposes of this paragraph an applicable child is —
a
a child (excluding the student in respect of whom the allowances are to be paid and an applicable child under paragraph (6)) in respect of whom either of the student’s parents (where the student’s parents live together as husband and wife) or the student’s relevant parent ( where the student’s parents do not live together as husband and wife) is entitled to child benefit under Part IX of the 1992 Act for any week during the relevant period comprising the academic year in respect of which the allowance is paid; and
b
a child of one of the student’s parents (excluding the student in respect of whom the allowances are to be paid and an applicable child under paragraph (6)) who is entitled to incapacity benefit under Part II of the 1992 Act or severe disablement allowance under Part III of that Act for any day during the relevant period comprising the academic year in respect of which the allowance is paid.
6B
Where income computed in accordance with paragraphs (5) and (6) does not exceed the relevant amount after deductions have been made in accordance with paragraph (6A) the income condition is to be treated as satisfied.
.
6
In regulation 6(1) (Other Conditions) —
a
for sub-paragraph (a) substitute the following paragraph —
a
that the relevant area is the area of an authority specified in the Schedule and the student’s final school year was the 1999-2000, 2000-2001, 2001-2002 or 2002-2003 academic year;
;
b
in sub-paragraph (c) in sub-paragraph (i) for “Part IV” substitute “Part IX”.
7
In regulation 8 (Weekly allowance) —
a
in paragraph (1) after “(2)” omit “and (4)” and insert “(4), (9) and (10)”;
b
in paragraph (4) sub-paragraph (h) after “regulation 5(6)” insert “whether or not read with regulation 5(6A)”;
c
after paragraph (8) insert the following paragraphs —
9
Where the income condition in regulation 5 has been satisfied after any deduction made from income in accordance with regulation 5(6A) the amount of a weekly allowance shall be £5 per week.
10
Except as provided in paragraph (9) the amount of a weekly allowance may be varied according to income, as the relevant authority sees fit.
.
8
For the Schedule substitute the Schedule to these Regulations.
Margaret Hodge
Minister of State
Department for Education and Skills
3rd March 2003


text:
Citation and commencement
1
This Order may be cited as the Land Registry Trading Fund (Extension and Amendment) Order 2003 and shall come into force on 13th October 2003.
Amendment of the 1993 Order
2
The Land Registry Trading Fund Order 1993 (“the 1993 Order”) is amended as follows:
a
In article 2, the words “Land Registration Act 2002 ” are substituted for the words “Land Registration Act 1925”.
b
For Schedule 1 to the 1993 Order, there is substituted the Schedule set out in the Schedule to this Order.
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Dated 2nd August 2003
We concur
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 11th August 2003


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Immigration (Leave to Remain) (Prescribed Forms and Procedures) Regulations 2003 and shall come into force on 1st August 2003.
2
In these Regulations:
“asylum claimant” means a person making a claim for asylum (within the meaning given in section 94(1) of the Immigration and Asylum Act 1999 ) which claim either has not been determined or has been granted; and
“dependant”, of a person, means —
the spouse or unmarried partner, or
a child under the age of eighteen,
of that person.
Prescribed forms
3
1
Subject to paragraph (2) below, the form set out in Schedule 1 is hereby prescribed for an application for limited or indefinite leave to remain in the United Kingdom:
a
as a business person,
b
as a sole representative,
c
as a retired person of independent means,
d
as an investor, or
e
as an innovator,
for the purposes of the immigration rules.
2
Paragraph (1) does not apply to an application for limited or indefinite leave to remain in the United Kingdom as a business person where the application is made under the terms of a European Community Association Agreement.
4
The form set out in Schedule 2 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as the spouse of a person present and settled in the United Kingdom, or
b
as the unmarried partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
5
The form set out in Schedule 3 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as a student,
b
as a student nurse,
c
to re-sit an examination, or
d
to write up a thesis,
for the purposes of the immigration rules.
6
1
The form set out in Schedule 4 is hereby prescribed for an application for limited leave to remain in the United Kingdom:
a
as a visitor,
b
as a visitor seeking to undergo or continue private medical treatment,
c
as a postgraduate doctor or dentist or a trainee general practitioner,
d
as an au pair,
e
as a teacher or language assistant under an approved exchange scheme,
f
as a representative of an overseas newspaper, news agency or broadcasting organisation,
g
as a private servant in a diplomatic household,
h
as a domestic worker in a private household,
i
as an overseas government employee,
j
as a minister of religion, missionary or member of a religious order,
k
as a member of the operational ground staff of an overseas-owned airline,
l
as a person with United Kingdom ancestry,
m
as a writer, composer or artist, or
n
as a member of the crew of a ship, aircraft, hovercraft, hydrofoil or international train service,
for the purposes of the immigration rules.
2
Further to paragraph (1), and subject to paragraphs (3) and (4) below, the form set out in Schedule 4 is hereby prescribed for an application for limited leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed in regulations 3, 4 or 5 above.
3
Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom:
a
for work permit employment,
b
as a highly skilled migrant, or
c
for Home Office approved training or work experience,
for the purposes of the immigration rules.
4
Paragraph (2) does not apply to an application for limited leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement, or
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
7
The form set out in Schedule 5 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as the spouse of a person present and settled in the United Kingdom, or
b
as the unmarried partner of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
8
The form set out in Schedule 6 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as the child under the age of eighteen of a parent, parents or relative present and settled in the United Kingdom,
b
as the adopted child under the age of eighteen of a parent or parents present and settled in the United Kingdom, or
c
as the parent, grandparent or other dependent relative of a person present and settled in the United Kingdom,
for the purposes of the immigration rules.
9
1
The form set out in Schedule 7 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom:
a
as a work permit holder,
b
as a highly skilled migrant,
c
as a representative of an overseas newspaper, news agency or broadcasting organisation,
d
as a private servant in a diplomatic household,
e
as a domestic worker in a private household,
f
as an overseas government employee,
g
as a minister of religion, missionary or member of a religious order,
h
as a member of the operational ground staff of an overseas-owned airline,
i
as a person with United Kingdom ancestry,
j
as a writer, composer or artist,
k
on the basis of long residence in the United Kingdom, or
l
as a victim of domestic violence,
for the purposes of the immigration rules.
2
Further to paragraph (1), and subject to paragraph (3) below, the form set out in Schedule 7 is hereby prescribed for an application for indefinite leave to remain in the United Kingdom for any other reason or purpose for which provision is made in the immigration rules but which is not covered by the forms prescribed in regulations 7 or 8 above.
3
Paragraph (2) does not apply to an application for indefinite leave to remain in the United Kingdom where:
a
the application is made under the terms of a European Community Association Agreement, or
b
the basis on which the application is made is that the applicant is an asylum claimant or a dependant of an asylum claimant.
10
An application for leave to remain in the United Kingdom which is made by a person (“the main applicant”) on a form prescribed in any of regulations 3 to 9 above may include an application in respect of any person applying for leave to remain in the United Kingdom as a dependant of the main applicant.
Prescribed procedures
11
The following procedures are hereby prescribed in relation to an application for which a form is prescribed in any of regulations 3 to 9 above:
a
the form shall be signed and dated by the applicant, save that where the applicant is under the age of eighteen, the form may be signed and dated by the parent or legal guardian of the applicant on behalf of the applicant;
b
the application shall be accompanied by such documents and photographs as specified in the form; and
c
the application shall be:
i
sent by prepaid post to the Immigration and Nationality Directorate of the Home Office, or
ii
submitted in person at a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office.
12
1
A failure to comply with any of the requirements of regulation 11(a) or (b) above to any extent will only invalidate an application if:
a
the applicant does not provide, when making the application, an explanation for the failure which the Secretary of State considers to be satisfactory,
b
the Secretary of State notifies the applicant, or the person who appears to the Secretary of State to represent the applicant, of the failure within 21 days of the date on which the application is made, and
c
the applicant does not comply with the requirements within a reasonable time, and in any event within 28 days, of being notified by the Secretary of State of the failure.
2
For the purposes of this regulation, the date on which the application is made is:
a
in the case of an application sent by post, the date of posting, and
b
in the case of an application submitted in person, the date on which the application is delivered to, and accepted by, a Public Enquiry Office of the Immigration and Nationality Directorate of the Home Office.
Beverley Hughes
Minister of State
Home Office
9th July 2003


text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (England) Order 2003 and shall come into force on 26 th March 2003.
Interpretation
2
In this Order “the relevant religion” means 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.
Designation of the school
3
1
The Queen Elizabeth’s Grammar School, The Green Road, Ashbourne, Derbyshire, DE6 1EP, a voluntary controlled school is hereby designated as having a religious character.
2
The relevant religion in relation to that school shall be Christian.
Caroline Macready
A Divisional Manager in the
Department for Education and Skills
19th March 2003


text:
Citation and commencement
1
This Order may be cited as the General Medical Council (Restoration and Registration Fees Amendment) Regulations Order of Council 2003 and shall come into force on 1st July 2003.
Revocation
2
1
The General Medical Council (Registration Regulations) Order of Council 1979 is hereby revoked.
2
The General Medical Council (Voluntary Erasure and Restoration) Regulations Order of Council 2000 is hereby revoked in so far as it relates to the following provisions of the General Medical Council (Voluntary Erasure and Restoration) Regulations 2000 —
a
regulations 3(7) and 5; and
b
regulation 3(8) in so far as it is made under section 32(1)(c) of the Medical Act 1983.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Sex Discrimination Act 1975 (Amendment) Regulations 2003 and shall come into force on 19th July 2003.
2
In these Regulations “ the Act ” means the Sex Discrimination Act 1975 .
Police
2
1
Section 17 of the Act is amended as follows.
2
In paragraph (b) of subsection (1), for the word “them” substitute “it”.
3
After subsection (1) insert —
1A
For the purposes of section 41 —
a
the holding of the office of constable shall be treated as employment by the chief officer of police (and as not being employment by any other person); and
b
anything done by a person holding such an office in the performance, or purported performance, of his functions shall be treated as done in the course of that employment.
4
After subsection (5) insert —
5A
A police authority may, in such cases and to such extent as appear to it to be appropriate, pay out of the police fund —
a
any compensation, costs or expenses awarded in proceedings under this Act against a person under the direction and control of the chief officer of police;
b
any costs or expenses incurred and not recovered by such a person in such proceedings; and
c
any sum required in connection with the settlement of a claim that has or might have given rise to such proceedings.
5
In subsection (6), after the words “Subsections (1)”, insert “, (1A)”.
6
At the beginning of subsection (7) insert the words “Subject to subsection (9),”.
7
In subsection (7), in the definition of “chief officer of police” in paragraph (b), after the words “the officer” insert “or other person”.
8
In subsection (7), in the definition of “police authority”, after paragraph (a) insert —
aa
in relation to a person appointed, or an appointment falling to be made, under section 9(1)(b) or 55(1)(b) of the Police Act 1997 , means the Service Authority for the National Criminal Intelligence Service or, as the case may be, the Service Authority for the National Crime Squad,
.
9
After subsection (8) insert —
9
In relation to a constable of a force who is not under the direction and control of the chief officer of police for that force, references in this section to the chief officer of police are references to the chief officer for the force under whose direction and control he is, and references in this section to the police authority are references to the relevant police authority for that force.
Discrimination after a relevant relationship has come to an end
3
After section 20 of the Act, insert the following section —
Relationships which have come to an end
Relationships which have come to an end
20A
1
This section applies where —
a
there has been a relevant relationship between a woman and another person (“the relevant person”), and
b
the relationship has come to an end (whether before or after the commencement of this section).
2
In this section, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under any preceding provision of this Part.
3
It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship.
4
After section 35B of the Act , insert the following section —
Relationships which have come to an end
Relationships which have come to an end
35C
1
This section applies where —
a
there has been a relevant relationship between a woman and another person (“the relevant person”), and
b
the relationship has come to an end (whether before or after the commencement of this section).
2
In this section, a “relevant relationship” is a relationship during the course of which an act of discrimination by one party to the relationship against the other party to it is unlawful under —
a
section 35A or 35B, or
b
any other provision of this Part, so far as the provision applies to vocational training.
3
It is unlawful for the relevant person to discriminate against the woman by subjecting her to a detriment where the discrimination arises out of and is closely connected to the relevant relationship.
Jacqui Smith,
Minister for Industry and the Regions and Deputy Minister for Women and Equality,
Department of Trade and Industry
26th June 2003


text:
Citation and commencement
1
These Regulations may be cited as the Double Taxation Relief (Manufactured Overseas Dividends) (Revocation) Regulations 2003 and shall come into force on 1st November 2003.
Revocations
2
The following regulations are revoked —
a
the Double Taxation Relief (Taxes on Income) (General) (Manufactured Overseas Dividends) Regulations 1993 ;
b
the Double Taxation Relief (Manufactured Overseas Dividends) (Amendment) Regulations 1995 ;
c
the Double Taxation Relief (Manufactured Overseas Dividends) (Amendment) Regulations 1996 .
Ann Chant
Dave Hartnett
Two of the Commissioners of Inland Revenue
9th October 2003


text:
Citation and Commencement
1
These Regulations may be cited as the Customs (Contravention of a Relevant Rule) Regulations 2003 and shall come into force on 23rd December 2003.
Interpretation
2
In these Regulations —
“ the Act ” means the Customs and Excise Management Act 1979 ;
“the Accounts and Records Regulations ” means the Customs Traders (Accounts and Records) Regulations 1995 ;
“the Aircraft Report Regulations ” means the Aircraft (Customs and Excise) Regulations 1981 ;
“the 1994 Act ” means the Finance Act 1994 ;
“ the Code ” means Council Regulation 2913/92/ EEC ;
“ Customs ” means the customs authority of the United Kingdom;
“Customs authority of the United Kingdom” has the meaning “the Commissioners” as defined in section 1 of the Act;
for the purpose of the Code and the Implementing Regulation customs authority of the United Kingdom is one of the “customs authorities” defined in Article 4(3) with responsibility for inter alia applying customs rules within the territory of the United Kingdom;
“contravene” has the meaning assigned to it by section 24(3) of the Finance Act 2003;
“customs approved treatment or use” has the meaning assigned to it by Article 4(15) of the Code;
“customs procedure” has the meaning assigned to it by Article 4(16) of the Code;
“customs procedure with economic impact” has the meaning assigned to it by Article 84(1)(b) of the Code;
“declaration” has the meaning assigned to it by Article 4(17) of the Code;
“the Implementing Regulation” means Commission Regulation 2454/93/EEC as it implements the Code;
“the Importation Regulations ” means the Customs Controls on Importation of Goods Regulations 1991 ;
“officer” has the meaning assigned to it by section 1 of the Act;
“the Personal Reliefs Order ” means the Customs and Excise Duties (Personal Reliefs for Goods Permanently Imported) Order 1992 ;
“the Postal Packets Regulations ” means the Postal Packets (Customs and Excise) Regulations 1986 ;
“products remaining” has the meaning as defined in Article 104(2) of Council Regulation 918/83/EEC ;
“proper officer” means in relation to the person by, with or to whom anything is to be done, the person appointed or authorised in that behalf by the Commissioners;
“relevant rule” has the meaning assigned to it by section 24(3) of the Finance Act 2003;
“relevant tax or duty” has the meaning assigned to it by section 24(2) of the Finance Act 2003;
“the Relief Regulation ” means Council Regulation 918/83/EEC ;
“the Ship’s Report Regulations ” means the Ship’s Report, Importation and Exportation by Sea Regulations 1981 ;
“the Transit Regulations ” means the Customs and Excise (Transit) Regulations 1993 .
Relevant Rule and Amount of Penalty
3
1
The Schedule to these regulations shall have effect.
2
An entry in Column 1 of the Schedule specifies the relevant rule or the description of a relevant rule in the case of any relevant tax or duty to which it applies for the purposes of section 26(1) of the Finance Act 2003 (Penalty for contravention of relevant rule).
3
An entry in Column 2 of the Schedule adjacent to an entry in Column 1 specifies a person, of the description there laid out, who shall be liable to a penalty under section 26 of the Finance Act 2003 (where his conduct contravenes the relevant rule or a relevant rule of the description specified for the purposes of that section).
4
An entry in Column 3 of the Schedule adjacent to an entry in Columns 1 and 2 specifies for the purposes of section 26(1) of the Finance Act 2003 the maximum amount of the penalty which may be imposed upon a person specified for the purposes of that section as liable for that contravention of that specified relevant rule.
5
Any description of a relevant rule specified in Column 1 and any description of a person prescribed in Column 2 of the Schedule is without prejudice to the effect of any directly applicable Community provision so described or description of a person responsible contained in that provision so described.
6
A specified relevant rule or description of a person shall be construed in accordance with the effect and scope of that directly applicable Community provision referred to in Column 1.
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 2003