text:
Citation, commencement, extent and application
1
1
This Order may be cited as the Democratic Republic of the Congo (Restrictive Measures) (Overseas Territories) Order 2003 and shall come into force on 10th October 2003.
2
a
This Order shall extend to the territories listed in Schedule 1.
b
Article 15 of this Order shall apply to the Sovereign Base Areas of Akrotiri and Dhekelia as set out in Schedule 2.
c
In the application of this Order to any of the said territories the expression “the Territory” in this Order means that territory.
3
Articles 3, 4 and 5 shall apply to any person within the Territory and any person elsewhere who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas) or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of the Territory.
Interpretation
2
In this Order the following expressions have the meanings hereby respectively assigned to them, that is to say —
“commander”, in relation to an aircraft, means the member of the flight crew designated as commander of the aircraft by the operator thereof, or, failing such a person, the person who is for the time being the pilot in command of the aircraft;
“document” includes information recorded in any form, and in relation to information recorded otherwise than in legible form, references to its production include references to producing a copy of the information in legible form;
“export” includes shipment as stores;
“exportation” in relation to any ship, submersible vehicle or aircraft, includes the taking out of the Territory of the ship, submersible vehicle or aircraft notwithstanding that it is conveying goods or passengers and whether or not it is moving under its own power; and cognate expressions shall be construed accordingly;
“Governor” means the Governor or other officer administering the Government of the Territory;
“master”, in relation to a ship, includes any person (other than a pilot) for the time being in charge of the ship;
“operator”, in relation to an aircraft or vehicle, means the person for the time being having the management of the aircraft or vehicle;
“owner”, in relation to a ship, where the owner of a ship is not the operator, means the operator and any person to whom it is chartered;
“restricted goods” means the goods specified in Part III of Schedule 1 to the Export of Goods (Control) Order 1994 made under the Import, Export and Customs Powers (Defence) Act 1939 ;
“ship” includes every description of vessel used in navigation;
“shipment” includes loading into an aircraft;
“stores” means goods for use in a vessel or aircraft and includes fuel and spare parts and other articles of equipment, whether or not for immediate fitting, but excludes any goods for use in a ship or aircraft as merchandise for sale by retail to persons carried therein;
“vehicle” means a land transport vehicle.
RESTRICTED GOODS, TECHNICAL ASSISTANCE AND TRAINING
Supply of restricted goods
3
1
Any person who, except under the authority of a licence granted by the Governor under this article or article 4 —
a
supplies or delivers;
b
agrees to supply or deliver; or
c
does any act calculated to promote the supply or delivery of,
restricted goods to any person in the Democratic Republic of the Congo shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the goods in question were to be supplied or delivered to a person in the Democratic Republic of the Congo.
2
Nothing in paragraph (1)(b) or (c) shall apply where the supply or delivery of the goods to the person concerned is authorised by a licence granted by the Governor under this article.
Exportation of restricted goods to the Democratic Republic of the Congo
4
Any person who, except under the authority of a licence granted by the Governor under this article, knowingly exports any restricted goods from the Territory to any destination in the Democratic Republic of the Congo or to any destination for the purpose of delivery, directly or indirectly, to or to the order of any person in the Democratic Republic of the Congo, shall be guilty of an offence under this Order.
Provision of assistance, advice or training related to military activities
5
Any person who, except under the authority of a licence granted by the Governor under this article, directly or indirectly provides to any person in the Democratic Republic of the Congo any:
a
assistance;
b
advice; or
c
training,
related to military activities shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the assistance, advice or training in question was to be provided to a person in the Democratic Republic of the Congo.
Use of ships, aircraft and vehicles: restricted goods
6
1
Without prejudice to the generality of article 3, and except under the authority of a licence granted by the Governor under this article, no ship or aircraft to which this article applies, and no vehicle within the Territory, shall be used for the carriage of restricted goods if the carriage is, or forms part of, carriage from any place outside the Democratic Republic of the Congo to any destination therein.
2
This article applies to ships registered in the Territory, to aircraft so registered and to any other ship or aircraft that is for the time being chartered to any person who is —
a
a British citizen, a British overseas territories citizen, a British Overseas citizen, a British subject, a British National (Overseas), or a British protected person and is ordinarily resident in the Territory; or
b
a body incorporated or constituted under the law of the Territory.
3
If any ship, aircraft or vehicle is used in contravention of paragraph (1) then —
a
in the case of a ship registered in the Territory or any aircraft so registered, the owner and the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
b
in the case of any other ship or aircraft, the person to whom the ship or aircraft is for the time being chartered and, if he is such a person as is referred to in paragraph (2)(a) or (b), the master of the ship or, as the case may be, the operator and the commander of the aircraft; or
c
in the case of a vehicle, the operator of the vehicle,
shall be guilty of an offence under this Order, unless he proves that he did not know and had no reason to suppose that the carriage of the goods in question was, or formed part of, carriage from any place outside the Democratic Republic of the Congo to any destination therein.
4
Nothing in paragraph (1) shall apply where the supply or delivery or exportation from the Territory of the goods concerned to the Democratic Republic of the Congo was authorised by a licence granted by the Governor under article 3 or 4.
5
Nothing in this article shall be construed so as to prejudice any other provision of law prohibiting or restricting the use of ships, aircraft or vehicles.
GENERAL
Customs powers to demand evidence of destination which goods reach
7
Any exporter or any shipper of goods which have been exported from the Territory shall, if so required by the Governor, furnish within such time as the Governor may allow proof to the Governor’s satisfaction that the goods have reached either —
a
a destination to which they were authorised to be exported by a licence granted under this Order; or
b
a destination to which their exportation was not prohibited by this Order,
and, if he fails to do so, he shall be guilty of an offence under this Order, unless he proves that he did not consent to or connive at the goods reaching any destination other than such a destination as aforesaid.
Offences in connection with applications for licences, conditions attaching to licences, etc.
8
1
If for the purposes of obtaining any licence under this Order any person makes any statement, or furnishes any document or information which to his knowledge is false in a material particular, or recklessly makes any statement or furnishes any document or information which is false in a material particular, he shall be guilty of an offence under this Order.
2
Any person who has done any act under the authority of a licence granted by the Governor under this Order and who fails to comply with any conditions attaching to that licence shall be guilty of an offence under this Order:
Provided that no person shall be guilty of an offence under this paragraph where he proves that the condition with which he failed to comply was modified, otherwise than with his consent, by the Governor after the doing of the act authorised by the licence.
Declaration as to goods: powers of search
9
1
Any person who is about to leave the Territory shall, if he is required to do so by an officer authorised for the purpose by the Governor —
a
declare whether or not he has with him any restricted goods which are destined for the Democratic Republic of the Congo or for delivery, directly or indirectly, to or to the order of any person in the Democratic Republic of the Congo; and
b
produce any such goods as aforesaid which he has with him.
2
Any such officer, and any person acting under his direction, may search that person for the purpose of ascertaining whether he has with him any such goods as aforesaid:
Provided that no person shall be searched in pursuance of this paragraph except by a person of the same sex.
3
Any person who without reasonable excuse refuses to make a declaration, or fails to produce any goods, or refuses to allow himself to be searched in accordance with the foregoing provisions of this article, shall be guilty of an offence under this Order.
4
Any person who under the provisions of this article makes a declaration which to his knowledge is false in a material particular, or recklessly makes any declaration which is false in a material particular, shall be guilty of an offence under this Order.
Investigation, etc. of suspected ships
10
1
Where any authorised officer has reason to suspect that any ship to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the ship and search her and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the master of the ship to furnish such information relating to the ship and her cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
in the case of a ship that is reasonably suspected of being or of being about to be used in contravention of paragraph (1) of article 6, any authorised officer (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)), with a view to preventing the commission (or the continued commission) of any such contravention, or in order that enquiries into the matter may be pursued, may take the further action specified in paragraph (2).
2
The further action referred to in paragraph (1)(c) is either —
a
to direct the master of the ship to refrain, except with the consent of any authorised officer, from landing at any port specified by the officer any part of the ship’s cargo that is so specified; or
b
to request the master of the ship to take any one or more of the following steps —
i
to cause the ship not to proceed with the voyage on which she is then engaged or about to engage until the master is notified by an authorised officer that the ship may so proceed;
ii
if the ship is then in port in the Territory, to cause her to remain there until the master is notified by an authorised officer that the ship may depart;
iii
if the ship is then in any other place, to take her to any such port specified by the officer and to cause her to remain there until the master is notified as mentioned in sub-paragraph (ii); and
iv
to take her to any other destination that may be specified by the officer in agreement with the master.
3
Without prejudice to the provisions of article 13(3), where —
a
a master refuses or fails to comply with a request made under paragraph 2(b); or
b
an authorised officer otherwise has reason to suspect that such a request that has been so made may not be complied with,
any such officer may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose enter upon, or authorise entry upon, that ship and use, or authorise the use of, reasonable force.
4
Before or on exercising any power conferred by this article, an authorised officer shall, if requested to do so, produce evidence of his authority.
5
In this article “authorised officer” means —
a
any commissioned naval or military officer;
b
any British consular officer;
c
any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected aircraft
11
1
Where any authorised person has reason to suspect that any aircraft to which article 6 applies has been or is being or is about to be used in contravention of paragraph (1) of that article —
a
he may (either alone or accompanied and assisted by persons under his authority) board the aircraft and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the charterer, the operator and the commander of the aircraft or any of them to furnish such information relating to the aircraft and its cargo and produce for his inspection such documents so relating and such cargo as he may specify; and
c
if the aircraft is then in the Territory, any authorised person may (either there and then or upon consideration of any information furnished or document or cargo produced in pursuance of a request made under sub-paragraph (b)) further request the charterer, the operator and the commander or any of them to cause the aircraft and any of its cargo to remain in the Territory until notified that the aircraft and its cargo may depart.
2
Without prejudice to the provisions of article 13(3), where an authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and upon that aircraft;
b
detain, or authorise the detention of, that aircraft and any of its cargo; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Investigation, etc. of suspected vehicles
12
1
Where any authorised person has reason to suspect that any vehicle in the Territory has been or is being or is about to be used in contravention of article 6 —
a
he may (either alone or accompanied and assisted by persons under his authority) enter the vehicle and search it and, for that purpose, may use or authorise the use of reasonable force;
b
he may request the operator and the driver of the vehicle or either of them to furnish such information relating to the vehicle and any goods contained in it and produce for his inspection such documents so relating and such goods as he may specify;
c
any authorised person may (either there and then or upon consideration of any information furnished or document or goods produced in pursuance of a request made under sub-paragraph (b)) further request the operator or the driver to cause the vehicle and any goods contained in it to remain in the Territory until notified that the vehicle may depart.
2
Without prejudice to the provisions of article 13(3), where any authorised person has reason to suspect that any request that has been made under paragraph (1)(c) may not be complied with, he may take such steps as appear to him to be necessary to secure compliance with that request and, without prejudice to the generality of the foregoing, may for that purpose —
a
enter, or authorise entry, upon any land and enter, or authorise entry of, that vehicle;
b
detain, or authorise the detention of, that vehicle and any goods contained in it; and
c
use, or authorise the use of, reasonable force.
3
Before or on exercising any power conferred by this article, an authorised person shall, if requested to do so, produce evidence of his authority.
4
In this article —
“authorised person” means any person authorised by the Governor for the purpose of this article either generally or in a particular case.
Provisions supplementary to articles 10 to 12
13
1
No information furnished or document produced by any person in pursuance of a request made under article 10, 11 or 12 shall be disclosed except —
a
with the consent of the person by whom the information was furnished or the document was produced:
Provided that a person who has obtained information or is in possession of a document only in his capacity as servant or agent of another person may not give consent for the purposes of this sub-paragraph but such consent may instead be given by any person who is entitled to that information or to the possession of that document in his own right;
to any person who would have been empowered under article 10, 11 or 12 to request that it be furnished or produced or to any person holding or acting in any office under or in the service of —
the Crown in respect of the Government of the United Kingdom;
the Government of the Isle of Man;
the States of Guernsey or Alderney or the Chief Pleas of Sark;
the States of Jersey; or
the Government of any British overseas territory;
on the authority of the Governor, to any organ of the United Nations or to any person in the service of the United Nations or of the Government of any other country for the purpose of assisting the United Nations or that Government in securing compliance with or detecting evasion of measures in relation to the Democratic Republic of the Congo decided upon by the Security Council of the United Nations or the Council of the European Union; or
with a view to the institution of, or otherwise for the purposes of, any proceedings —
in the Territory, for an offence under this Order or, with respect to any of the matters regulated by this Order, for an offence relating to customs; or
for any offence under any law making provision with respect to such matters that is in force in the United Kingdom, any of the Channel Islands, the Isle of Man or any British overseas territory.
2
Any power conferred by article 10, 11 or 12 to request the furnishing of information or the production of a document or of cargo for inspection shall include a power to specify whether the information should be furnished orally or in writing and in what form and to specify the time by which and the place in which the information should be furnished or the document or cargo produced for inspection.
3
Each of the following persons shall be guilty of an offence under this Order, that is to say —
a
a master of a ship who disobeys any direction given under article 10(2)(a);
b
a master of a ship or a charterer or an operator or a commander of an aircraft or an operator or a driver of a vehicle who —
i
without reasonable excuse, refuses or fails within a reasonable time to comply with any request made under article 10, 11 or 12 by any person empowered to make it, or
ii
furnishes any document or information which to his knowledge is false in a material particular, or recklessly furnishes any document or information which is false in a material particular, to such a person in response to such a request;
c
a master or a member of a crew of a ship or a charterer or an operator or a commander or a member of a crew of an aircraft or an operator or a driver of a vehicle who wilfully obstructs any such person (or any person acting under the authority of any such person) in the exercise of his powers under article 10, 11 or 12.
4
Nothing in articles 10 to 13 shall be construed so as to prejudice any other provision of law conferring powers or imposing restrictions or enabling restrictions to be imposed with respect to ships, aircraft or vehicles.
Obtaining of evidence and information
14
The provisions of Schedule 3 shall have effect in order to facilitate the obtaining, by or on behalf of the Governor —
a
of evidence and information for the purpose of securing compliance with or detecting evasion of —
i
this Order in the Territory; or
ii
any law making provision with respect to any of the matters regulated by this Order that is in force in the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory; and
b
of evidence of the commission of —
i
in the Territory, an offence under this Order or, with respect to any of the matters regulated by this Order, an offence relating to customs; or
ii
with respect to any of those matters, an offence under the law of the United Kingdom, any of the Channel Islands or the Isle of Man or any British overseas territory.
Penalties and proceedings
15
1
Any person guilty of an offence under article 3, 4, 5 or 6(3) shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding seven years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
2
Any person guilty of an offence under article 13(3)(b)(ii) or paragraph 5(b) or (d) of Schedule 3 shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both; or
b
on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
3
Any person guilty of an offence under article 8(1) or (2) or article 9(4) shall be liable —
a
on conviction on indictment to imprisonment for a term not exceeding two years or to a fine or to both;
b
on summary conviction to a fine not exceeding £5,000 or its equivalent.
4
Any person guilty of an offence under article 13(3)(a), (b)(i) or (c), or paragraph 5(a) or (c) of Schedule 3 shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding £5,000 or its equivalent or to both.
5
Any person guilty of an offence under article 7 or 9(3) shall be liable on summary conviction to a fine not exceeding £5,000 or its equivalent.
6
Where any body corporate is guilty of an offence under this Order, and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence, and shall be liable to be proceeded against and punished accordingly.
7
Summary proceedings for an offence under this Order, being an offence alleged to have been committed outside the Territory, may be commenced at any time not later than 12 months from the date on which the person charged first enters the Territory after committing the offence.
8
Proceedings against any person for an offence under this Order may be taken before the appropriate court in the Territory having jurisdiction in the place where that person is for the time being.
9
No proceedings for an offence under this Order shall be instituted in the Territory except by or with the consent of the principal public officer of the Territory having responsibility for criminal prosecutions:
Provided that this paragraph shall not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Exercise of powers of the Governor
16
1
The Governor may, to such extent and subject to such restrictions and conditions as he may think proper, delegate or authorise the delegation of any of his powers under this Order (other than the power to give authority under Schedule 3 to apply for a search warrant) to any person, or class or description of persons, approved by him, and references in this Order to the Governor shall be construed accordingly.
2
Any licences granted under this Order shall be in writing and may be either general or special, may be subject to or without conditions, may be limited so as to expire on a specified date unless renewed and may be varied or revoked by the authority that granted them.
Miscellaneous
17
1
Any provision of this Order which prohibits the doing of a thing except under the authority of a licence granted by the Governor shall not have effect in relation to any such thing done anywhere other than the Territory provided that it is duly authorised.
2
A thing is duly authorised for the purpose of paragraph (1) if it is done under the authority of a licence granted in accordance with any law in force in the place where it is done (being a law substantially corresponding to the relevant provisions of this Order) by the authority competent in that behalf under that law.
A.K. Galloway
Clerk of the Privy Council


type: legislation

jurisdiction: UK

text:
Citation, commencement and application
1
1
These Regulations may be cited as the Delayed Discharges (England) Regulations 2003 and shall come into force on —
a
for the purposes of this regulation and regulations 2 to 6, 10, 12 and 13 to 18, on 1st October 2003; and
b
for all other purposes, on 5th January 2004.
2
These Regulations apply to England only.
Interpretation
2
In these Regulations —
“ the Act ” means the Community Care (Delayed Discharges etc.) Act 2003;
“continuing NHS care” means a package of care which is arranged and funded solely by NHS bodies to meet a person’s continuing care needs;
“health service body” means —
a Strategic Health Authority;
a Special Health Authority;
an NHS body ;
a pilot scheme health service body within the meaning of section 16(6) of the National Health Service (Primary Care) Act 1997 ; or
a PHS body within in the meaning of section 33(6) of the Health and Social Care Act 2001 ;
“higher rate authorities” means those social services authorities listed in the Schedule;
“lower rate authorities” means those social services authorities which are not higher rate authorities;
“panel” means a panel to assist in the resolution of disputes between two or more authorities about matters arising under or in relation to Part 1 of the Act; and
“public holiday” means a public holiday in England and Wales.
Prescribed care
3
1
For the purposes of the definition of “qualifying hospital patient” in section 1 of the Act care is of a prescribed description if it is —
a
acute care; and
b
not care in respect of which the patient has given an undertaking to pay (or for whom such an undertaking has been given).
2
In paragraph (1) acute care means, subject to paragraph (3), intensive medical treatment provided by or under the supervision of a consultant which is for a limited time after which the patient no longer benefits from that treatment.
3
The following types of care are not acute care —
a
maternity care, that is, care of expectant and nursing mothers;
b
mental health care within the meaning of article 2 of the Delayed Discharges (Mental Health Care) (England) Order 2003 ;
c
palliative care;
d
intermediate care;
e
care provided for the purposes of recuperation or rehabilitation.
4
In paragraph (3) intermediate care means 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.
Notice of possible need for community care services
4
1
A notice given by an NHS body to a social services authority under section 2 shall —
a
be given in written form; and
b
bear the date on which it is given.
2
For the purposes of paragraph (1), a notice given “in written form” means in a manner which is in, or which is capable of being reproduced in, legible form.
3
Such a notice shall contain the following information —
a
the name of the patient;
b
if given prior to the patient’s admission, the expected date of admission and the name of the hospital in which the patient is expected to be accommodated;
c
if given after the patient’s admission, the name of the hospital in which the patient is being accommodated;
d
an indication of the likely date of discharge, if known;
e
a statement —
i
that the NHS body has complied with the consultation requirements in section 2(4) of the Act;
ii
that the NHS body has considered whether or not to provide the patient with continuing NHS care and of the result of that consideration; and
iii
whether the patient or any carer has objected to the giving of the notice; and
f
the name of the person at the hospital who will be responsible for liaising with the social services authority in relation to the patient’s discharge from that hospital.
4
Such a notice must be withdrawn where —
a
the responsible NHS body no longer considers that it is unlikely to be safe to discharge the patient from hospital unless one or more community care services are made available for him;
b
the responsible NHS body considers that the patient’s on-going need is now for continuing NHS care;
c
the responsible NHS body, following the decision by the responsible authority required under section 4(2)(b) of the Act, still considers that it is unlikely to be safe to discharge the patient from hospital unless one or more further community care services are made available for him;
d
the patient’s proposed treatment is cancelled or postponed;
e
the responsible NHS body becomes aware that either —
i
the patient’s ordinary residence has changed since the notice was given; or
ii
the notice was given to a social services authority other than the one in whose area the patient is ordinarily resident.
5
Such a notice shall cease to have effect upon —
a
the death of the patient; or
b
the patient discharging himself.
Notice of proposed discharge date
5
1
A notice given by a responsible NHS body to a responsible authority under section 5(3) of the Act shall —
a
be given at least one day in advance of the proposed discharge date;
b
be given in written form; and
c
bear the date on which it is given.
2
For the purposes of paragraph (1), a notice given “in written form” means in a manner which is in, or which is capable of being reproduced in, legible form.
3
Such a notice shall contain the following information —
a
the name of the patient;
b
the name of the hospital in which the patient is being accommodated;
c
the name of the person at the hospital who is responsible for liaising with the social services authority in relation to the patient’s discharge from that hospital;
d
the date on which it is proposed that the patient be discharged;
e
a statement that the patient and, where appropriate, the carer has been informed of the date on which it is proposed the patient be discharged;
f
a statement that the notice is given under section 5(3) of the Act.
4
Such a notice must be withdrawn if the responsible NHS body considers that it is no longer likely to be safe to discharge the patient from hospital on the proposed day, except where that is only because the responsible authority has not complied with its duties under section 4(2) of the Act or because the responsible authority has not made available for —
a
the patient a community care service which it decided under section 4(2)(b) of the Act to make available to him;
b
the patient’s carer a service which it decided under section 4(3)(b) of the Act to make available to the carer.
Minimum interval
6
The period prescribed as the minimum interval for the purposes of section 5(6)(b) of the Act is two days .
Delayed discharge payment
7
The amount of payment prescribed for the purposes of section 6(2) of the Act is, for each day of the delayed discharge period —
a
for higher rate authorities, £120; and
b
for lower rate authorities, £100.
Days exempt from liability
8
1
The day after the relevant day shall not be treated as a day of the delayed discharge period if by 11am on that day the responsible authority is ready to provide the services which it decided it would provide under section 4(2)(b) and 4(3)(b) of the Act.
2
If the day after the relevant day is a Sunday or a public holiday it shall not be treated as a day of the delayed discharge period and the following day (excluding Sundays and public holidays) shall be treated as the day after the relevant day.
3
Any day on which the patient suffers what the responsible NHS body considers to be a short-term deterioration, so that he is not fit for discharge on the relevant day, shall not be treated as a day of the delayed discharge period.
Days on which liability ends
9
The delayed discharge period shall end on any day on which any of the following circumstances occur —
a
the death of the patient;
b
the patient arranges his own care or other care is arranged for him so that he no longer requires community care services;
c
the patient discharges himself;
d
the patient needs to remain in hospital for a further course of treatment.
Deemed time of notices
10
1
Subject to paragraph (3), any notice given under section 2 of the Act which is given —
a
on a Sunday;
b
on a public holiday; or
c
after 2pm on any other day;
shall be treated as having been given on the following day.
2
Subject to paragraph (3), any notice given under section 5(3) of the Act which is given —
a
after 2pm on a Friday;
b
on a Sunday;
c
on a public holiday; or
d
after 5pm on any other day,
shall be treated as having been given on the following day.
3
If a notice would, by virtue of paragraphs (1) or (2), be treated as having been given on a Sunday or a public holiday, the notice shall instead be treated as having been given on the following day (excluding Sundays and public holidays).
Deemed day of discharge
11
Where —
a
a patient is discharged before 11am; or
b
the responsible authority is able before 11am to provide those services which it decided it would provide under section 4(2)(b) or 4(3)(b) of the Act
the patient shall be treated as having been discharged on the previous day.
Lists of Persons
12
1
Each Strategic Health Authority shall keep —
a
a list of representatives of health service bodies;
b
a list of representatives of social services authorities; and
c
a list of persons independent of both health service bodies and social services authorities
who are in that Authority’s opinion, suitable to be appointed to panels to assist in the resolution of disputes between two or more public authorities about matters arising under or in relation to Part 1 of the Act .
2
In paragraph (1)(a), a person is a representative of a health service body if he is —
a
an employee of;
b
an officer of;
c
a member or a director of; or
d
a person providing services (pursuant to a contractual or other arrangement) to,
a health service body.
3
In paragraph (1)(b), a person is a representative of a social services authority if he is —
a
an employee of;
b
an officer of;
c
a member of; or
d
a person providing services (pursuant to a contractual or other arrangement) to,
a local authority.
4
In paragraph 1(c), a person is independent of both health service bodies and social services authorities if he is not a representative of a health service body or a social services authority.
Inclusion on and removal of a person’s name from a list
13
1
A Strategic Health Authority shall not include a person on any of the lists to be kept under regulation 12(1) unless each social services authority any part of whose area is situated in that Strategic Health Authority’s area has been consulted about that person’s inclusion.
2
A person shall be included on a list kept under regulation 12(1) for such period, not exceeding 3 years, as the Strategic Health Authority may specify when including him on the list and shall be eligible to be included in the list again at the end of that period.
3
Any person who is included on a list may give notice in writing to the Chief Executive of the Strategic Health Authority that he wishes to be removed from the list and that Authority shall forthwith remove that person from the list.
4
Where a Strategic Health Authority is of the opinion that a person included on a list is no longer suitable to be included on a list, the Authority may remove him from the list and if it does so, shall forthwith notify him in writing of his removal and the reason for the removal.
Application for assistance with the resolution of a dispute
14
1
Subject to paragraph (3), where —
a
a dispute arises between two or more public authorities about matters arising under or in relation to Part 1 of the Act; and
b
the public authorities concerned have not been able to resolve the dispute informally,
any of those public authorities may apply in writing to the Strategic Health Authority in whose area it is situated for the appointment of a panel in accordance with regulation 15.
2
In paragraph (1) a public authority is situated in a Strategic Health Authority’s area if —
a
in the case of a National Health Service trust, all or most of the hospitals, establishments and facilities managed by that trust are situated in the area of the Strategic Health Authority;
b
in the case of a Primary Care Trust, all or most of that Trust’s area is situated within the area of the Strategic Health Authority;
c
in the case of a social services authority, all or most of that social services authority’s area is situated within the area of the Strategic Health Authority.
3
Where a dispute arises involving two or more public authorities and at least one of those authorities is situated in a different Strategic Health Authority’s area than the other or others, the Strategic Health Authority in whose area the responsible NHS body is situated shall be the Strategic Health Authority to which the public authorities shall apply for the appointment of a panel under paragraph (1).
4
Paragraph (1) does not apply to any dispute about the ordinary residence of a person who is or is expected to become a qualifying hospital patient.
Appointment of a panel to assist with the resolution of a dispute
15
1
Within 7 days of the receipt of an application under regulation 14(1), the Strategic Health Authority shall appoint a panel in accordance with paragraph (2).
2
The panel appointed shall consist of —
a
a chairman appointed from the list established under regulation 12(1)(c);
b
one person from each of the lists of persons established under regulation 12(1)(a) and (b) who is not —
i
an employee of;
ii
an officer of;
iii
a member or director of;
iv
a person providing services (pursuant to a contractual or other arrangement) to any of the public authorities involved in the dispute.
3
The Strategic Health Authority shall pay to persons appointed to a panel such expenses as appear to it to be reasonable.
Procedure of the panel
16
1
Following his appointment under regulation 15(2)(a), the chairman shall, as soon as reasonably practicable, notify the public authorities concerned in writing of —
a
his appointment and the persons appointed under regulation 15(2)(b);
b
whether the panel require written representations and the time in which they should be submitted; and
c
the date of any hearing to be held by the panel at which oral representations could be made.
2
The panel, following consideration of any representations submitted or made, may make such recommendations as it considers appropriate to resolve the dispute, and shall inform the public authorities concerned of those recommendations.
3
Unless it is not reasonably practicable to do so the panel shall make its recommendations within 28 days of its being appointed.
4
The recommendations made by the panel under paragraph (2) may include the payment of monies by one public authority to another, but any such payment shall not include any amount representing the costs incurred by the public authorities in relation to the application to the Strategic Health Authority under regulation 14 and the proceedings before the panel.
Legal Proceedings
17
Any public authority involved in a dispute arising under or in relation to Part 1 of the Act shall not bring legal proceedings in relation to that dispute until a panel appointed under regulation 15 has made a recommendation in relation to the dispute.
Ordinary residence
18
1
Subject to paragraph (2), in a case where a social services authority has been given a notice under section 2 of the Act, that authority shall be required to undertake the duties in section 4 of the Act and, on or after 5th January 2004, be liable for any payment under section 6 of the Act, notwithstanding that it disputes that the patient is ordinarily resident in its area.
2
In a case where it becomes clear prior to the patient’s discharge, for any of the reasons set out in paragraph (3), that the responsible NHS body gave a notice under section 2 of the Act to a social services authority in which the patient was not ordinarily resident (“the wrong authority”), then the social services authority in which the patient was ordinarily resident (“the correct authority”) shall become the responsible authority and shall become responsible for the duties and liabilities accordingly.
3
The reasons referred to in paragraph (2) are that —
a
a determination is made under section 8 of the Act that the current responsible authority is the wrong authority and that another social services authority is the correct authority; or
b
another social services authority agrees that it is the correct authority, and takes over the duties of the responsible authority.
4
In a case where a social services authority is identified as the wrong authority in relation to a patient, it shall be entitled to claim reimbursement from the correct authority for any costs it (the wrong authority) incurred in —
a
making payments under section 6 of the Act; or
b
providing services to the patient or the carer following the patient’s discharge.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
4th September 2003


text:
Name, commencement and interpretation
1
1
This Order is called the South Wales Sea Fisheries District (Variation) Order 2003 and comes into force on 30th November 2003.
2
In this Order “the principal Order ” means the order made by the Board of Agriculture and Fisheries on 27th June 1912 (which created the South Wales Sea Fisheries District and constituted a local fisheries committee for the regulation of the sea fisheries within that District).
Amendments to the principal Order
2
The principal Order is amended in accordance with articles 3 to 5 below.
3
For article 7 (constitution of committee) there is substituted the following —
7
The committee shall be a joint committee of the county and county borough councils referred to in column 1 of the Schedule to this Order and shall consist of twenty one members appointed as follows —
a
the number of members appointed by each constituent council shall be the number indicated in relation to the council in column 2 of the Schedule to this Order ;
b
nine members appointed by the National Assembly for Wales;
c
one member appointed by the Environment Agency.
.
4
For article 17 (expenses) there shall be substituted the following —
Expenses
17
The expenses of the Committee, other than those which may be required to be incurred under section 17(2) of the Act, shall be chargeable jointly to the constituent councils in the proportions set out in Column 3 of the Schedule to this Order opposite the reference to each constituent council and shall be expenses for general county or county borough purposes.
.
5
For the Schedule there is substituted the Schedule set out in the Schedule to this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
26th November 2003


text:
1
This Order may be cited as the Retention of Communications Data (Extension of Initial Period) Order 2003 and shall come into force on the day after the day on which it is made.
2
The initial period specified in section 105(2) of the Anti-terrorism, Crime and Security Act 2001 shall be extended for the period of two years beginning with the time when that period would end but for the making of this Order.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
4th December 2003


text:
Citation and commencement
1
These Regulations may be cited as the Pilotage (Recognition of Qualifications and Experience) Regulations 2003 and shall come into force on 30th May 2003.
Amendment of the Pilotage Act 1987
2
1
The Pilotage Act 1987 shall be amended as follows.
2
In subsection (1) of section 3 for “subsection” there shall be substituted “subsections (1A) and”.
3
After subsection (1) of section 3 there shall be inserted the following subsection —
1A
In considering whether a person is suitably qualified —
a
to be authorised under subsection (1) above to act as a pilot —
i
in inland waters only; or
ii
in inland waters and other waters; or
b
to continue to be so authorised,
a competent harbour authority shall act in accordance with Schedule A1 to this Act (which makes provision about persons with qualifications obtained in EEA States other than the United Kingdom).
.
4
After subsection (2) of section 3 there shall be inserted the following subsection —
2A
Nothing in any determination made by a competent harbour authority under subsection (2) above shall permit the authority to act in such a way as to contravene Schedule A1 to this Act (which makes provision about persons with qualifications obtained in EEA States other than the United Kingdom).
.
5
Before Schedule 1 there shall be inserted the following Schedule —
SCHEDULE A1
RECOGNITION OF EEA QUALIFICATIONS AND EXPERIENCE IN RELATION TO PILOTAGE IN INLAND WATERS
Section 3(1A) and (2A)
Scope of Schedule and interpretation
1
1
This Schedule applies where a competent harbour authority receives an application for authorisation, or has authorised a person, under section 3(1) of this Act to act as a pilot —
a
in inland waters only; or
b
in inland waters and other waters.
2
In this Schedule —
“adaptation period” means a period during which the applicant acts as a pilot under the supervision of a pilot authorised by the competent harbour authority, with or without undertaking further education and training, with the aim of assessing his ability to act as a pilot in the United Kingdom;
“aptitude test” means a test of the applicant’s professional knowledge conducted by the competent harbour authority with the aim of assessing his ability to act as a pilot in the United Kingdom; and
“EEA State” means any state which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.
Formal qualifications
2
1
This paragraph applies where —
a
a competent harbour authority requires particular formal qualifications from persons applying for authorisation; and
b
a person applying for authorisation (“the applicant”) —
i
is a national of an EEA State other than the United Kingdom; and
ii
does not hold the required qualifications, but holds formal qualifications obtained in an EEA State other than the United Kingdom.
2
If the applicant’s formal qualifications show a level of knowledge and skill corresponding to or exceeding the level shown by the formal qualifications required by the authority, the authority shall not refuse the applicant authorisation, or refuse to consider the application, on the basis that he does not hold the required formal qualifications.
3
If the applicant’s formal qualifications show a level of knowledge and skill which is substantially below the level shown by the formal qualifications required by the authority, the authority shall allow the applicant to undergo an adaptation period or an aptitude test to demonstrate that he has acquired the knowledge and skills which were lacking.
4
The authority shall make provision for an adaptation period and an aptitude test for this purpose and the applicant shall be permitted to choose to undergo either the adaptation period or the aptitude test.
5
If, by undergoing the adaptation period or the aptitude test, the applicant demonstrates that he has acquired the knowledge and skills which were lacking, the authority shall not refuse the applicant authorisation, or refuse to consider the application, on the basis that he does not hold the required formal qualifications.
6
Sub-paragraphs (2) to (5) are subject to paragraph 3.
Person intending to act in a self-employed capacity or as manager of an undertaking
3
1
This paragraph applies where —
a
a competent harbour authority requires persons applying for authorisation to have knowledge of, and to demonstrate that they apply, specific national rules in force; and
b
a person applying for authorisation (“the applicant”) —
i
is a national of an EEA State other than the United Kingdom; and
ii
envisages acting as a pilot in a self-employed capacity or as a manager of an undertaking.
2
The competent harbour authority shall not refuse the applicant authorisation on the basis that he does not have knowledge of, or has not demonstrated that he applies, the specific national rules in force unless —
a
the authority has allowed the applicant to undergo an adaptation period or an aptitude test to satisfy the authority that he has the required knowledge and does apply those rules; and
b
the authority is not so satisfied.
3
The authority shall make provision for an adaptation period and an aptitude test for this purpose and shall endeavour to take into consideration the applicant’s preference as to which one of those alternatives he undergoes.
Consideration of application to which paragraph 2 or 3 applies, and appeals
4
1
This paragraph applies where a person (“the applicant”) makes an application to a competent harbour authority for authorisation and paragraph 2 or paragraph 3 applies.
2
The competent harbour authority shall —
a
examine without unreasonable delay the application for authorisation;
b
take its decision on the application within the period of four months beginning with the date on which the application and comprehensive supporting documentation were submitted; and
c
in giving its decision on the application, state the reasons for its decision.
3
The applicant may appeal to the Secretary of State in respect of —
a
a failure by the authority to take a decision on the application; or
b
an act or omission of the authority on the grounds that the act or omission breaches paragraph 2 or 3 of this Schedule.
4
An appeal to which this paragraph applies shall be made in such manner as the Secretary of State may direct.
Professional training and experience
5
1
This paragraph applies where a competent harbour authority requires general commercial or professional knowledge and ability from persons applying for authorisation.
2
The authority shall accept, as sufficient evidence of such knowledge and ability, appropriate experience gained in an EEA State other than the United Kingdom by a person applying for authorisation (“the applicant”).
3
For the purposes of this paragraph, “appropriate experience” means any of the following —
a
the fact that the applicant has worked in pilotage in either a self employed capacity or as manager of an undertaking, for at least six consecutive years during a period ending not more than ten years before the date on which his application for authorisation is made;
b
where the applicant proves that he has had at least three years' prior training, the fact that he has worked in pilotage in either a self employed capacity or as manager of an undertaking for at least three consecutive years;
c
where the applicant proves that he has worked in pilotage in an employed capacity, for at least five years during a period ending not more than ten years before the date on which his application for authorisation is made, the fact that he has worked in pilotage in a self employed capacity for three consecutive years during the same period;
d
where the applicant proves that he has received at least three years' prior training, the fact that he has worked in pilotage for at least five consecutive years in a managerial capacity, of which at least three years were spent in technical posts with responsibility for one or more departments of the undertaking.
4
Where an applicant has worked as mentioned in sub-paragraph (3)(b) or (d) and has received at least two years', but less than three years', prior training, he is to be treated as falling within the criteria in that sub-paragraph if the time he has spent working and the time during which he has received prior training, when taken together, equal —
a
in relation to sub-paragraph (3)(b), at least six years; and
b
in relation to sub-paragraph (3)(d), at least eight years.
Proof of professional training and experience
6
1
The competent harbour authority shall accept as proof of any of the matters mentioned in paragraph 5(3), other than proof of the prior training mentioned in paragraph 5(3)(b) and (d), a certificate concerning the nature and duration of the activity in question and issued by —
a
a competent harbour authority; or
b
the competent authority of the EEA State from which the applicant comes.
2
For the purpose of proof of the prior training mentioned in paragraph 5(3)(b) and (d), that training must be either —
a
attested to by a certificate which is nationally recognised in the EEA State in which it was obtained (“a training certificate”); or
b
regarded by a competent professional or trade body of an EEA State other than the United Kingdom as fully satisfying that body’s requirements.
3
Where the applicant holds a certificate which —
a
is nationally recognised in the EEA State in which it was obtained; and
b
attests to knowledge and ability equivalent to at least three years of professional training in pilotage,
that certificate may be treated by the competent harbour authority in the same way as a training certificate.
4
For the purposes of paragraphs (a) and (b) of paragraph 5(3), a person shall be regarded as having worked in pilotage as manager of an undertaking if he has so worked —
a
as a manager of an undertaking or a manager of a branch of an undertaking;
b
as a deputy to the proprietor or the manager of an undertaking where that post involves responsibility equivalent to that of the proprietor or manager represented; or
c
in a managerial post with duties of a commercial or technical nature and with responsibility for one or more departments of the undertaking.
Proof of other matters
7
1
This paragraph applies where —
a
a competent harbour authority requires persons who apply for authorisation to furnish proof of their good character or proof that they are not and have not previously been declared bankrupt; and
b
a person applying for authorisation (“the applicant”) is a national of an EEA State other that the United Kingdom.
2
The competent harbour authority shall accept, as sufficient evidence that such a requirement is satisfied by the applicant —
a
an extract from the judicial record of the EEA State of which the applicant is a national or from which he comes, showing that the requirement is satisfied; or
b
failing this, an equivalent document issued by a competent judicial or administrative authority in the EEA State of which he is a national or from which he comes, showing that there requirement is satisfied,
which in either case complies with sub-paragraph (3).
3
The extract or equivalent document must have been issued within the period of three months ending with the date on which it is produced to the competent harbour authority.
8
1
This paragraph applies where —
a
a competent harbour authority imposes requirements as to the good character of persons who apply for authorisation and requires such persons to prove that they are not and have not previously been declared bankrupt and have not previously been the subject of professional or administrative disciplinary measures; and
b
a person applying for authorisation (“the applicant”) is a national of an EEA State other that the United Kingdom.
2
If proof of such requirements cannot be obtained from a document such as mentioned in paragraph 7, the competent harbour authority shall accept, as sufficient evidence that such a requirement is satisfied by the applicant, a certificate which —
a
is issued by a competent judicial or administrative authority in the EEA State of which the applicant is a national or from which he comes, attesting that the requirement is satisfied;
b
relates to the specific facts regarded by the authority as relevant; and
c
complies with sub-paragraph (3).
3
The certificate must have been issued within the period of three months ending with the date on which it is produced to the competent harbour authority.
9
1
This paragraph applies in a case to which either paragraph 7 or 8 applies, where the EEA State of which the applicant is a national or from which he comes does not issue the document in question mentioned in the relevant paragraph.
2
Subject to sub-paragraph (3), the competent harbour authority shall accept, as sufficient evidence of the satisfaction of a requirement mentioned in paragraph 7(1)(a) or 8(1)(a), a declaration that the relevant requirement is satisfied, which —
a
is made by the applicant before a competent judicial or administrative authority, or a notary in the relevant EEA State; and
b
complies with sub-paragraph (4).
3
The competent harbour authority shall also accept, as sufficient evidence of the satisfaction of a requirement in paragraph 7 or 8 to prove no previous bankruptcy, a declaration of no previous bankruptcy, which, —
a
is made by the applicant before a competent professional or trade body in the relevant EEA State; and
b
complies with sub-paragraph (5).
4
The declaration mentioned in sub-paragraph (2) must —
a
be a declaration on oath or, in an EEA State where there is no provision for declaration on oath, be a solemn declaration;
b
have been made within the period of three months ending with the date on which it is produced to the competent harbour authority; and
c
be accompanied by a certificate issued by the relevant authority or notary and attesting to the authenticity of the declaration.
5
The declaration mentioned in sub-paragraph (3) must —
a
be a declaration on oath or, in an EEA State where there is no provision for declaration on oath, be a solemn declaration; and
b
have been made within the period of three months ending with the date on which it is produced to the competent harbour authority.
10
1
This paragraph applies where a competent harbour authority requires persons applying for authorisation or authorised persons to provide proof of financial standing.
2
The authority shall regard certificates issued by banks in an EEA State of which such a person is a national or from which such a person comes, as equivalent to those issued by banks in the United Kingdom.
11
1
This paragraph applies where a competent harbour authority requires persons applying for authorisation or authorised persons to provide proof that they are insured against the financial risks arising from their professional liability.
2
The authority shall accept, as equivalent to a certificate issued by an insurance undertaking of the United Kingdom, a certificate which is issued —
a
by an insurance undertaking of an EEA State other than the United Kingdom; and
b
within the period of three months ending with the date on which it is produced to the competent harbour authority.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
5th May 2003