text:
Citation and commencement
1
1
These Regulations may be cited as the Motor Vehicles (Driving Licences) (Amendment) (No. 5) Regulations 2003 and shall come into force on 12th January 2004.
2
In these Regulations, “the principal Regulations ” means the Motor Vehicles (Driving Licences) Regulations 1999 .
Amendments of Schedule 8 to the principal Regulations (specified requirements for practical or unitary test)
2
In Schedule 8 to the principal Regulations, for each occurrence of the words “the test conductor’s discretion” there shall be substituted “the discretion of the person conducting the test”.
3
For Part 5 of Schedule 8 to the principal Regulations 1999 there shall be substituted Part 5 as set out in the Schedule to these Regulations.
Signed by Authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
18th December 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Guardian’s Allowance (General) Regulations 2003 and shall come into force on 7th April 2003 immediately after the commencement of section 49 of the Tax Credits Act 2002.
Interpretation
2
1
In these Regulations –
“ the Act ” means the Social Security Contributions and Benefits Act 1992;
“adopted” means adopted pursuant to –
an order made in the United Kingdom, the Channel Islands or the Isle of Man;
an overseas adoption within the meaning of section 72(2) of the Adoption Act 1976 ;
a Convention adoption order within the meaning of section 72(1) of the Adoption Act 1976 ; or
a foreign adoption order within the meaning of section 4(3) of the Adoption (Hague Convention) Act (Northern Ireland) 1969 .
“ the Board ” means the Commissioners of Inland Revenue;
“the Northern Ireland Act ” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992.
Modification to section 77(2) of the Act
3
Section 77(2) of the Act and section 77(2) of the Northern Ireland Act shall be treated as modified where regulations 4 to 6 apply.
Adopted children
4
1
Where a child has been adopted by two persons jointly, a reference in section 77(2) of the Act or section 77(2) of the Northern Ireland Act to the child’s parents shall be read as a reference to those two persons.
2
Where a child has been adopted by one person only, the circumstances to be satisfied in section 77(2) of the Act or section 77(2) of the Northern Ireland Act are that that person is dead.
Illegitimate children
5
Where –
a
a child’s parents are unmarried at the date of the birth; and
b
paternity has not been established –
i
by a court of competent jurisdiction; or
ii
in the opinion of the determining authority,
the circumstances to be satisfied in section 77(2) of the Act or section 77(2) of the Northern Ireland Act are that the mother of the child is dead.
Children of divorced parents
6
1
Where –
a
the marriage of a child’s parents has been terminated by divorce;
b
at the death of one of the parents the child was not in the custody of or maintained by the other parent;
c
there is no court order –
i
granting custody of the child to that other parent; or
ii
imposing any liability on him for the child’s maintenance; and
d
there is no maintenance assessment or maintenance calculation, as defined by section 54 of the Child Support Act 1991 , or, for Northern Ireland, Article 2(2) of the Child Support (Northern Ireland) Order 1991 in force in respect of that other parent and child,
the circumstances to be satisfied in section 77(2) of the Act or section 77(2) of the Northern Ireland Act are that one of the child’s parents is dead.
2
Where a child has been adopted by two persons jointly, any reference in paragraph (1) above to the child’s parents shall be read as a reference to those two persons.
Circumstances in which a person is to be treated as being in prison
7
1
The circumstances in which a person is to be treated as being in prison for the purposes of section 77 of the Act or section 77 of the Northern Ireland Act are that he is –
a
serving a custodial sentence within the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 , Article 2(2) of the Criminal Justice (Northern Ireland) Order 1996 or a sentence of detention or imprisonment within the meaning of section 307(1) of the Criminal Procedure (Scotland) Act 1995 , with not less than 2 years remaining from the death of the other parent; or
b
detained in a hospital by order of the court under –
i
section 37(1) , 38, or 45A of the Mental Health Act 1983;
ii
section 5 of the Criminal Procedure (Insanity) Act 1964 ;
iii
section 6 or 14 of the Criminal Appeal Act 1968 ;
iv
section 57, 58 or 59A of the Criminal Procedure (Scotland) Act 1995 ;
v
Article 44, 45, 50A, or 51(2) and (3) of the Mental Health (Northern Ireland) Order 1986 ; or
vi
section 11 or 13(5A) and (6) of the Criminal Appeal (Northern Ireland) Act 1980 .
2
In calculating the length of the sentence for the purposes of paragraphs (1)(a) above and (4) below –
a
disregard any reduction made to the length of the sentence to take account of any period spent in custody prior to sentencing; and
b
include any period spent in custody immediately prior to sentencing, save that where he is serving a custodial sentence or sentence of detention or imprisonment with the meaning of paragraph (1)(a) above immediately prior to sentencing, include only such period of that sentence as remains following sentencing for the later sentence,
but nothing in this paragraph shall permit the payment of guardian’s allowance in respect of any period in custody prior to sentencing.
3
Subject to paragraph (4) below, a person shall not cease to be treated as being in prison in accordance with paragraph (1) above by virtue of the fact that he is temporarily released, unlawfully at large, or, in the case of a person serving a sentence, transferred to a hospital.
4
A person serving a sentence in accordance with paragraph (1)(a) above shall cease to be treated as being in prison in accordance with that paragraph where –
a
he is released on licence, the remainder of his sentence is remitted, his sentence is reduced on appeal to a term of less than 2 years, or his conviction is quashed on appeal; or
b
he is not in custody and has not been in custody for a period at least equal to the remaining period of his sentence,
but that where a person to whom sub-paragraph (b) applies returns to prison to serve the remainder of the sentence, the length of the sentence for the purposes of paragraph (1)(a) above shall be the period of the remainder of the sentence.
5
This regulation shall apply, subject to the necessary modifications, to a parent who is outside Great Britain or Northern Ireland and serving a custodial sentence with not less than 2 years remaining from the death of the other parent or detained in a hospital by a court order.
Rate of allowance and payment to the National Insurance Fund or the Northern Ireland National Insurance Fund
8
1
Where a person treated as being in prison for the purposes of section 77 of the Act or section 77 of the Northern Ireland Act contributes to the cost of providing for a child, the weekly rate of any guardian’s allowance payable shall be reduced by the amount of the contribution made in the week preceding the week for which any allowance is payable.
2
In a case where entitlement to guardian’s allowance is established by reference to a person being in prison, that person shall, on notice being given by the Board, pay to the National Insurance Fund or the Northern Ireland National Insurance Fund an amount equal to that paid by way of guardian’s allowance.
Residence condition
9
1
There shall be no entitlement to guardian’s allowance in respect of a child unless at least one of the child’s parents –
a
was born in the United Kingdom; or
b
at the date of death of the parent whose death gives rise to the claim for guardian’s allowance, has, in any two year period since the age of 16, spent at least 52 weeks of that period in Great Britain or Northern Ireland, as the case may require.
2
For the purposes of paragraph (1)(b) above, a person shall be treated as being present in Great Britain or Northern Ireland (as the case may require) where –
a
his absence is by virtue of his employment –
i
as a serving member of the forces within the meaning of regulation 140 of the Social Security (Contributions) Regulations 2001 ;
ii
as an airman within the meaning of regulation 111 of those Regulations; or
iii
as a mariner within the meaning of regulation 115 of those Regulations; or
b
his absence is by virtue of his employment and that employment is prescribed employment within the meaning of regulation 114(1) of those Regulations (continental shelf operations).
3
Where a child has been adopted by two persons jointly, any reference in paragraph (1) above to the child’s parents shall be read as a reference to those two parents, and where a child has been adopted by one person only, that person must satisfy the requirement of paragraph (1) above.
4
Where regulation 5 applies, the child’s mother must satisfy the requirement of paragraph (1) above.
Prescribed manner of making an election under section 77(9) of the Act or section 77(9) of the Northern Ireland Act
10
1
An election under section 77(9) of the Act or section 77(9) of the Northern Ireland Act (payment of guardian’s allowance not to be made to a husband) must –
a
be in writing, and
b
be made either –
i
on a form approved by the Board, or
ii
in such other manner as the Board may accept as sufficient in the circumstances of the particular case.
2
In relation to guardian’s allowance under the Act, notice of the election must be given to –
a
the Child Benefit Office, Waterview Park, Washington, Tyne and Wear; or
b
any Inland Revenue Enquiry Centre.
3
In relation to guardian’s allowance under the Northern Ireland Act, notice of the election must be given to –
a
the Child Benefit Office (Northern Ireland), Windsor House, Bedford Street, Belfast; or
b
any Inland Revenue Enquiry Centre.
4
An election may be given by means of electronic communication in accordance with Schedule 2 to the Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 .
Revocations
11
The Regulations specified in column (1) of the Schedule are revoked to the extent mentioned in column (3) of the Schedule.
Nick Ainger
Jim Fitzpatrick
Two of the Lords Commissioners of Her Majesty’s Treasury
5th March 2003


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Cumbria) (Borough of Copeland) Order 2003 and shall come into force on 29th September 2003.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the Borough of Copeland.
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State for Transport,
Department for Transport
19th August 2003


text:
1
This Order may be cited as the Commission Areas (South Wales) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“area” means a commission area including any part of the South Wales magistrates' courts committee area;
any reference to a justice for an area shall be construed as a reference to a person who holds the commission of the peace for that area.
3
In Part II of the Schedule to the Justices of the Peace (Commission Areas) Order 1999 —
a
omit the entry for West Glamorgan; and
b
for the entry “South Wales” substitute —
Name of commission area Extent of commission area
South Wales The area of South Wales MCC
4
Every person who immediately before 1st April 2003 holds office as a justice of the peace for the West Glamorgan area shall on and after that date hold office as a justice of the peace for the South Wales area, and the commissions of the peace for the West Glamorgan area shall accordingly have effect as commissions of the peace for the South Wales area until such time as a commission of the peace for that area is granted.
Signed by authority of the Lord Chancellor
Yvette Cooper
Parliamentary Secretary,
Lord Chancellor’s Department
26th February 2003


text:
Preliminary
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Act 2002 (Transitional Provisions) Order 2003 and shall come into force on the day that section 1 of the Act comes into force.
2
In this Order —
“the 1925 Act ” means the Land Registration Act 1925 ,
“the 1925 Rules ” means the Land Registration Rules 1925 ,
“the 1972 Rules ” means the Land Registration (Souvenir Land) Rules 1972 ,
“the 1991 Rules ” means the Land Registration (Open Register) Rules 1991 ,
“the 1993 Rules ” means the Land Registration (Official Searches) Rules 1993 ,
“the 2003 Rules ” means the Land Registration Rules 2003 ,
“the Act” means the Land Registration Act 2002,
“commencement” means the day when section 1 of the Act comes into force,
“ the Regulations ” means the Land Registration (Conduct of Business) Regulations 2000 .
General and administrative
Chief Land Registrar
2
The person holding the office of Chief Land Registrar immediately before commencement shall continue to be the Chief Land Registrar notwithstanding that he has not been appointed under section 99(3) of the Act.
Extension of effect of statutory provisions — first registration, dealings, etc.
3
1
Notwithstanding the repeal of the 1925 Act, that Act shall continue to have effect in relation to any application referred to in paragraph (2) that is pending immediately before commencement.
2
Paragraph (1) applies to —
a
an application for the first registration of land,
b
any other application (whether or not being one within paragraphs 5 or 6 of Schedule 12 to the Act) that, if completed, would result in a change to the register.
3
Paragraph (1) is subject to articles 5, 7 and 24.
Extension of effect of statutory provisions for the purpose of the Order
4
Notwithstanding the repeal of the 1925 Act, that Act shall continue in force to the extent necessary to enable the remaining provisions of this Order to have effect.
Notices
5
1
The 2003 Rules apply to the giving of —
a
any notice under this Order, and
b
any notice under the 1925 Act, as continued under Schedule 12 to the Act or article 3, other than a notice to which paragraph (3) applies.
2
Section 79 of the 1925 Act does not apply to any notice to which paragraph (1)(b) applies.
3
Subject to the modification referred to in paragraph (4), sub-sections (1) and (2) of section 30 of the 1925 Act apply to any notice required to be given under sub-section (1) of that section, as continued under article 3.
4
The modification referred to in paragraph (3) is the omission of the words “ by registered post” from section 30(1) of the 1925 Act.
Disputes, objections, appeals and proceedings
Hearing of existing disputes
6
1
This article applies to any pending application in relation to which there is, immediately before commencement, a dispute to which rule 299(1) of the 1925 Rules applies that has not been finally disposed of.
2
For the purposes of paragraph (1) there is a dispute to which rule 299(1) of the 1925 Rules applies where —
a
in relation to a caution lodged under section 54 of the 1925 Act or rule 215(2) of the 1925 Rules, an application has been lodged that has resulted in the notice referred to in rule 218 of the 1925 Rules being issued before commencement, provided that (whether before or after commencement) the registrar is satisfied that cause has been shown under rule 219(3) of the 1925 Rules, and
b
in the case of any other pending application, a person has, before commencement, objected to the application under rule 298(1) of the 1925 Rules, provided that the registrar is satisfied subsequently that the objection cannot be treated as groundless under rule 298(4) of the 1925 Rules.
3
Neither the objection that has led to the dispute, nor any subsequent objection to the same application, shall constitute an objection for the purpose of section 73 of the Act.
4
The registrar must deal with or continue to deal with the existing dispute and any dispute resulting from any subsequent objection to the same application, in accordance with rule 299 of the 1925 Rules and, where appropriate, the Land Registration (Hearings Procedure) Rules 2000 until the dispute has been finally disposed of.
5
Subject to the modifications referred to in paragraph (6), the Regulations shall continue to apply in relation to any dispute referred to in paragraph (1) to enable relevant acts of the registrar to which those regulations relate to be done or continue to be done by a person nominated by the registrar under the Regulations.
6
The modifications referred to in paragraph (5) are —
a
substitution of the following sub-paragraph for regulation 2(d) of the Regulations —
d
“qualified officer” means a member of staff of the land registry who holds a 10 year general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990; and
,
b
substitution of the words “qualified officer” for the words “qualified registrar” where they occur in regulations 3(1), 5(1) and 6(1) of the Regulations,
c
substitution of the word “person” for the word “registrar” where it occurs in regulations 3(2), 5(2) and 6(2) of the Regulations, and
d
substitution of the words “qualified officer” for the word “registrar ” where it occurs in regulations 5(3) and 6(3) of the Regulations.
Objection after commencement
7
1
This article applies to any application that is pending immediately before commencement in relation to which an objection is made after commencement that is not an objection to which article 6(3) applies.
2
Notwithstanding paragraph 5 of Schedule 12 to the Act, the objection shall constitute an objection to which section 73 of the Act applies.
Appeals
8
Rule 300 of the 1925 Rules (Appeal to the court) shall continue to have effect in relation to —
a
any decision by the registrar under rule 298(4) of the 1925 Rules that an objection is groundless (whether the decision is made before commencement, or after commencement in relation to an application that is pending immediately before commencement), and
b
any decision or order by the registrar under rule 299 of the 1925 Rules (whether made before commencement, or after commencement in relation to a dispute to which article 6 applies).
Legal Proceedings
9
1
This article applies to any proceedings which were instituted before commencement but which have not been concluded immediately before commencement.
2
Any proceedings to which paragraph (1) applies may be continued until concluded, whether by final determination by the court or otherwise, as if the 2002 Act had not been passed.
3
Where in any proceedings the court gives judgment or makes an order, or has already done so before commencement, and the effect of the judgment or order is to require an entry or cancellation to be made in the register or the register to be rectified or altered, then the proceedings shall not be treated as concluded for the purpose of paragraphs (1) and (2) until the entry or cancellation has been made, or the register rectified or altered, as required by the court.
4
Paragraphs (2) and (3) have effect without prejudice to the need for any order of the court or alteration of the register made after commencement to comply with rule 127 of the 2003 Rules.
5
In this article —
“court” has the same meaning as in the 1925 Act, and
“proceedings” means any proceedings within the jurisdiction of the court by virtue of a provision of the 1925 Act.
Souvenir land
Souvenir land — application of articles and definitions
10
1
Articles 11, 12 and 13 apply where —
a
there is in force in relation to registered land immediately before commencement a declaration by the registrar under rule 3 of the 1972 Rules, and
b
particulars of the declaration have been entered in the register under rule 6 of those rules.
2
In articles 11, 12 and 13 —
“declaration” means the declaration by the registrar under rule 3 of the 1972 Rules,
“proprietor” in relation to souvenir land means the registered proprietor or, where the registered proprietor has died, been made bankrupt or, being a corporate body, has been dissolved, the person who would be entitled to be registered as proprietor in his place but for any unregistered transaction effected after the declaration was made,
“souvenir land” means the registered land subject to a declaration,
“third party” means a person other than the proprietor.
Souvenir land — restriction on dispositions
11
1
Where any unregistered transaction with souvenir land has been effected after the declaration was made and has resulted in one or more third parties becoming entitled to apply to be registered as proprietor of any part or parts of the land, the proprietor must not dispose of that land otherwise than in a manner that gives effect in the register to the interests of the third parties.
2
The particulars of a declaration entered in the individual register of any souvenir land shall take effect after commencement as if there were a restriction in the proprietorship register in the following terms —
No disposition is to be registered without the consent of the person or persons (if any) entitled to apply to be registered as proprietor of the land disposed of, or any part of it, as the result of any unregistered transaction effected since [ date ] being the date when a declaration made under rule 3 of the Land Registration (Souvenir Land) Rules 1972 was noted in the register.
.
3
The registrar may amend the registered title to any souvenir land so as to substitute for the particulars of the declaration a restriction in the terms set out in paragraph (2).
Application to cancel entries relating to souvenir land
12
1
A proprietor who claims that there has been no unregistered transaction with the souvenir land, or a particular part of the land, after the declaration was made, so that no third party has become entitled to be registered as proprietor of it, may apply in Form RX3 in Schedule 1 to the 2003 Rules in relation to that land to cancel in the register the particulars of the declaration or, where the registrar has registered a restriction in substitution for those particulars under article 11(3), that restriction.
2
If the registrar is satisfied that there has been no such transaction as is referred to in paragraph (1), he must —
a
where the application relates to the whole of the land in a registered title, cancel the relevant entry in the register,
b
where the application relates to part only of the land in a registered title, give effect to the application in the register in such manner as he thinks appropriate.
Application for registration by a third party
13
1
This article applies where, in relation to any souvenir land, a third party is able to satisfy the registrar that one or more unregistered transactions have been effected since the declaration was made and that, as a result of them and any other events that have taken place —
a
the registered estate is now vested in him, or
b
a legal estate derived (whether directly or indirectly) out of the land is vested in him, or
c
a legal estate such as is referred to in sub-paragraph (a) or (b) has been transferred to him (either directly or indirectly) by the person in whom it has become vested.
2
The third party may apply to be registered as the proprietor of a legal estate if that estate is one to which section 3 of the Act would apply if the estate were an unregistered estate within that section.
3
Before determining an application under paragraph (2), the registrar must give notice of it to the person named in the proprietorship register as proprietor unless that person has consented to the application.
Cautions
Cautions against first registration
14
1
In relation to a caution against first registration lodged for registration before commencement, Part 5 of the 2003 Rules applies with the modifications set out in paragraph (2).
2
The modifications referred to in paragraph (1) are —
a
paragraphs (2) to (5) of rule 41 do not apply,
b
in rule 51(1) of the 2003 Rules, the omission of the word “cautioner’s ”.
Cautions against conversion
15
1
This article applies where, immediately before commencement, there is an entry in respect of a caution lodged under rule 215(2) of the 1925 Rules in the register of any title.
2
In the event of an application to upgrade the title under any of subsections (1) to (5) of section 62 of the Act, the registrar shall, before determining the application, give notice of it to the person named in the entry referred to in paragraph (1).
3
Where the person to whom notice is given, or any person deriving title under that person, responds to the notice by claiming any estate, right or interest in the land in the title, then, to the extent that the estate, right or interest subsists and is otherwise enforceable against the land, the claim is to be treated for the purpose of section 62(6) of the Act as one for an estate right or interest whose enforceability is preserved by virtue of the existing entry about the class of title.
Mortgage cautions
16
1
Subject to this article, mortgage cautions and sub-mortgage cautions entered in the register shall continue to have the same effect after commencement as they had immediately before commencement.
2
Subject to paragraphs (3) and (4), the registrar must cancel a mortgage caution or a sub-mortgage caution where —
a
the cautioner, or some other person who can satisfy the registrar that he is entitled to the benefit of the protected mortgage or protected sub-mortgage, makes an application to withdraw it in Form WCT in Schedule 1 to the 2003 Rules, or
b
evidence is produced that satisfies the registrar, that the protected mortgage or protected sub-mortgage has been discharged, or
c
an application is made to register the protected mortgage, and any protected sub-mortgage, under section 27 of the Act and the registrar approves the application.
3
Where there is a sub-mortgage caution entered in the register and application is made to cancel the relevant mortgage caution under sub-paragraph (a) or (b) of paragraph (2), the registrar must give notice of the application to the sub-mortgage cautioner.
4
An application to register a protected mortgage under section 27(2)(f) of the Act must comply with the 2003 Rules and be accompanied by —
a
the original deed creating the protected mortgage, and
b
where title to the protected mortgage is vested in someone other than the cautioner, the documents proving devolution of title to the applicant.
5
When registering a protected mortgage, the registrar must make an entry showing that it has priority in relation to other entries in the register from the date that the mortgage caution was entered in the register.
6
Where application is made to register a disposition of the registered estate or registered charge affected by a mortgage caution or sub-mortgage caution, the registrar must —
a
give notice of the application to the cautioner,
b
retain the mortgage caution or sub-mortgage caution in the register unless it is to be cancelled in accordance with paragraph (2).
7
In this article —
“cautioner” means the person named in a mortgage caution or sub-mortgage caution,
“mortgage caution” means a caution entered in the register in a specially prescribed form under section 106 of the 1925 Act as originally enacted ,
“protected mortgage” means the mortgage that is protected by a mortgage caution,
“protected sub-mortgage” means the sub-mortgage that is protected by a sub-mortgage caution,
“sub-mortgage caution” means a sub-mortgage caution to which rule 228 of the 1925 Rules applied before commencement.
Modification of paragraph 2(3) of Schedule 12 to the Act
17
Paragraph 2(3) of Schedule 12 to the Act shall have the effect as if there were inserted at the end “, but with the substitution for the words in section 55(1) from “prescribed” to “served” of the words “period prescribed under paragraph 2(4) of Schedule 12 to the Land Registration Act 2002”. ”
Non-standard restrictions in approved instruments
18
1
This article applies where a person applies in an approved instrument to enter a restriction in the register and the registrar considers that there is a standard form of restriction which is to like or similar effect to the restriction applied for (or would be but for the fact that it does not purport to restrict the entry of a notice).
2
Where this article applies —
a
the registrar must enter in the register the standard form of restriction referred to in paragraph (1) instead of the restriction applied for,
b
the application is to be treated as though it was an application for entry in the register of a standard form of restriction, and
c
rule 92(1) of the 2003 rules does not apply to the application.
3
In this article —
“approved instrument” means a charge, or transfer —
which contains the application for the restriction applied for (whether in the body of the instrument or, in the case of a charge, in an incorporated document within the meaning of rule 139 of the 1925 Rules),
the form of which (including the application for the restriction) has been approved by the registrar before commencement as capable of being accepted for registration, and
in relation to which the approval referred to in sub-paragraph (b) has not been withdrawn, and
“standard form of restriction” means one referred to in rule 91 of the 2003 Rules.
Outline applications
Outline applications
19
1
This article applies where, immediately before commencement —
a
there is in force a notice given under rule 83A(9) of the 1925 Rules that allows an outline application to be delivered in respect of any category of application (including, for the avoidance of doubt, a caution to which rule 215 of those rules applies),
b
an outline application has been validly delivered in relation to such an application,
c
the reserved period referred to in rule 83A(8) of the 1925 Rules has not expired, and
d
the form required by rule 83A(6) of the 1925 Rules has not been lodged.
2
Notwithstanding the repeal of the 1925 Act, the registrar must give effect to the application in the register as of the time at which the outline application was delivered, provided the applicant lodges the appropriate form required by rule 83A(6) of the 1925 Rules at the appropriate office before expiry of the reserved period referred to in rule 83A(8) of those rules and the application otherwise complies with those rules.
3
In paragraph (2), “appropriate office” means the office of the land registry that, immediately before commencement, would have been the proper office within the meaning of rule 1(5A) of the 1925 Rules.
Matrimonial home rights cautions
Matrimonial home rights cautions
20
1
The registrar shall not be required, on the application of the proprietor of the registered estate affected, to serve the notice referred to in rule 223 of the 2003 Rules in relation to a matrimonial caution except upon production of —
a
a release in writing of the matrimonial home rights protected by the matrimonial caution, or
b
a statutory declaration that, as to the whole or any part of the land to which the matrimonial caution relates, no charge under section 2 of the Matrimonial Homes Act 1967 , section 2 of the Matrimonial Homes Act 1983 or section 31 of the Family Law Act 1996 has ever arisen or, if such a charge has arisen, it is no longer subsisting.
2
In this article “matrimonial caution” means a caution registered under section 2(7) of the Matrimonial Homes Act 1967 before 14th February 1983 which remains in the register after commencement.
Index of relating franchises and manors
Index of relating franchises and manors
21
1
As soon as practicable after commencement, the registrar must take such steps as he considers appropriate to create the index of relating franchises and manors from the material parts of the index map maintained by the registrar under rule 8 of the 1925 Rules and other relevant information under his control in such a form that it complies with rule 10(1)(b).
2
Rule 10(1)(b) shall not have effect until the index of relating franchises and manors has been created so as to comply with it.
3
Until the index of relating franchises and manors has been created so as to comply with rule 10(1)(b), the registrar must ensure that official certificates of the result of searches of the index of relating franchises and manors issued in accordance with rule 146(3) of the 2003 Rules contain the same information as if the index of relating franchises and manors had been so created.
4
In this article —
“index of relating franchises and manors” means the index to be kept under rule 10(1)(b), and
“rule 10(1)(b)” means rule 10(1)(b) of the 2003 Rules.
Compulsory first registration
Dispositions void under section 123A of the 1925 Act
22
1
After commencement, a void disposition is to be treated for all purposes as an event to which the requirement of registration applied and as a transfer, grant or creation that has become void as a result of the application of section 7(1) of the Act.
2
In this article “void disposition” means a disposition of unregistered land that, before commencement, has become void as a result of the application of section 123A(5) of the 1925 Act.
Other dispositions affected by section 123A of the 1925 Act
23
1
Subject to paragraph (2), a relevant disposition is to be treated for all purposes after commencement as an event to which the requirement of registration applies.
2
For the purposes of section 6(4) of the Act, the period for registration is the period that expires at the end of the applicable period referred to in section 123A(3) of the 1925 Act, or such longer period as the registrar may provide under section 6(5) of the Act.
3
In this article “relevant disposition” means a disposition of unregistered land where —
a
before commencement section 123A of the 1925 Act applied to it,
b
no application to register the relevant legal estate in accordance with section 123A(2) of the 1925 Act had been made before commencement, and
c
immediately before commencement the applicable period referred to in section 123A(3) of the 1925 Act had not expired.
Land and charge certificates
Abolition of land and charge certificates
24
1
Notwithstanding paragraph 5 of Schedule 12 to the Act, Part V of the 1925 Act shall cease to apply in relation to any application that is pending immediately before commencement.
2
Rules 203 and 204 of the 2003 Rules do not apply to —
a
any land certificate or charge certificate held by the registrar immediately before commencement, or
b
any land certificate or charge certificate lodged in connection with any application, including any application that is pending immediately before commencement, or
c
any document incorporated in any land certificate or charge certificate.
3
The registrar may destroy —
a
any land certificate or charge certificate held by him or which comes into his possession,
b
any document incorporated in such a land certificate or charge certificate.
4
Paragraph (3) applies notwithstanding an entry in the register to which paragraph 3 of Schedule 12 to the Act applies but without prejudice to the continuing effect of such an entry.
Obligation to make further advances
Obligation to make further advances
25
Where, immediately before commencement, an obligation to make a further advance is noted in the register under section 30(3) of the 1925 Act, the obligation is to be treated after commencement as entered in the register according to rules for the purpose of section 49(3)(b) of the Act.
Forms
Period of grace for use of old forms
26
1
Subject to paragraph (3), an applicant may use in place of any new form the relevant old form —
a
for the period of 3 months following commencement, and
b
thereafter, where use of the relevant old form is expressly required by law or under the terms of a valid contract entered into before commencement.
2
Where the relevant old form is used in accordance with paragraph (1) the 2003 Rules apply to the use of that form as they would apply to the use of the new form.
3
Where there is an entry in Column 3 in the Schedule, paragraph (1) only applies to the use of the relevant old form —
a
where the entry limits use of the relevant old form to particular cases, in those cases specified in the entry, and
b
where the entry places an additional requirement on the applicant, if the applicant complies with that requirement.
4
In this article —
“new form” means a form prescribed by the 2003 Rules that is referred to in Column 1 in the Schedule, and
“relevant old form” in relation to any particular new form means the form prescribed by the 1925 Rules, the 1991 Rules, the 1993 Rules or the Land Registration (Matrimonial Home Rights) Rules 1997 (as the case may be) that is shown against the new form in Column 2 in the Schedule.
Exclusion of Forms 112A, 112B and 112C from inspection or copying
27
Rules 133(2) and 135(2) of the 2003 Rules apply to any Form 112A, Form 112B or Form 112C, as lodged under the 1991 Rules or article 26, as they apply to any Form CIT.
Official searches and official copies
Priority of unexpired official searches
28
1
This article applies to an official search with priority made before commencement under the 1993 Rules whose priority period has not expired at commencement.
2
Section 72 of the Act and rules 151 to 154 of the 2003 Rules (as appropriate) shall apply to the official search as if it had been made under Part 13 of the 2003 Rules but with the priority period being that which applied to it under the 1993 Rules.
Office copies issued before commencement
29
Office copies of and extracts from the register and of and from documents, to which section 113 of the 1925 Act applied before commencement, are to be treated for all purposes after commencement as official copies to which section 67 of the Act applies.
Signed by authority of the Lord Chancellor
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 10th July 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security and Child Support (Miscellaneous Amendments) Regulations 2003 and shall come into force as follows —
a
regulations 1, 2, 3(1) to (3) and (5), 4 and 5 shall come into force on 5th May 2003;
b
regulation 3(4) and (6) shall come into force —
i
except for the purposes of any type of case referred to in head (ii), on 5th May 2003; and
ii
for the purposes of any type of case which is not one in relation to which 3rd March 2003 is the day appointed for the coming into force of section 9 of the Child Support, Pensions and Social Security Act 2000 , on the day on which that section comes into force in relation to that type of case.
2
In these Regulations —
“the Claims and Payments Regulations ” means the Social Security (Claims and Payments) Regulations 1987 ;
“the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 ;
“the Housing Benefit and Council Tax Benefit Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;
“the Maintenance Assessment Procedure Regulations ” means the Child Support (Maintenance Assessment Procedure) Regulations 1992 .
Amendment of the Claims and Payments Regulations
2
For the heading and paragraph (1) of regulation 32 of the Claims and Payments Regulations (information to be given when obtaining payment of benefit) there shall be substituted —
Information to be given and changes to be notified
32
1
Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require for determining whether a decision on the award of benefit should be revised under section 9 of the Social Security Act 1998 or superseded under section 10 of that Act.
1A
Every beneficiary and every person by whom, or on whose behalf, sums by way of benefit are receivable shall furnish in such manner and at such times as the Secretary of State may determine such information or evidence as the Secretary of State may require in connection with payment of the benefit claimed or awarded.
1B
Except in the case of a jobseeker’s allowance, every beneficiary and every person by whom or on whose behalf sums by way of benefit are receivable shall notify the Secretary of State of any change of circumstances which he might reasonably be expected to know might affect —
a
the continuance of entitlement to benefit; or
b
the payment of the benefit,
as soon as reasonably practicable after the change occurs by giving notice in writing (unless the Secretary of State determines in any particular case to accept notice given otherwise than in writing) of any such change to an appropriate office.
.
Amendment of the Decisions and Appeals Regulations
3
1
In regulation 1(3) of the Decisions and Appeals Regulations (citation, commencement and interpretation) for the definition of “out of jurisdiction appeal” there shall be substituted —
“out of jurisdiction appeal” means an appeal brought against a decision which is specified in —
Schedule 2 to the Act or a decision prescribed in regulation 27 (decision against which no appeal lies); or
paragraph 6(2) of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 (appeal to appeal tribunal) or a decision prescribed in regulation 16 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (decision against which no appeal lies);
.
2
In regulation 3(9)(a) of the Decisions and Appeals Regulations (revision of decisions) for “was made” there shall be substituted “had effect”.
3
In regulation 6 of the Decisions and Appeals Regulations (supersession of decisions) —
a
in paragraph (2)(a)(i) for “was made” there shall be substituted “had effect”;
b
for paragraph (2)(c) there shall be substituted —
c
is a decision of an appeal tribunal or of a Commissioner —
i
that was made in ignorance of, or was based upon a mistake as to, some material fact; or
ii
that was made in accordance with section 26(4)(b), in a case where section 26(5) applies;
;
c
after paragraph (2)(d) “or” shall be omitted;
d
after paragraph (2)(g) “and” shall be omitted.
4
In regulation 6A of the Decisions and Appeals Regulations (supersession of child support decisions) after paragraph (4) there shall be inserted —
4A
A decision may be superseded by a decision made by the Secretary of State —
a
where an application is made on the basis that; or
b
acting on his own initiative where,
the decision to be superseded is a decision of an appeal tribunal or of a Commissioner that was made in accordance with section 28ZB(4)(b) of the Child Support Act , in a case where section 28ZB(5) of that Act applies.
.
5
In regulation 7 of the Decisions and Appeals Regulations (date from which a decision superseded under section 10 takes effect) —
a
in paragraph (1)(a) for “paragraph (2)(b)” there shall be substituted “paragraphs (2)(b), (29) and (30)”;
b
in paragraph (2) for “was made” there shall be substituted “had effect”;
c
in paragraph (5) after “regulation 6(2)(c)” there shall be inserted “(i)”;
d
for paragraph (9)(a) there shall be substituted —
a
where the decision is made on the Secretary of State’s own initiative —
i
the date on which the Secretary of State commenced action with a view to supersession; or
ii
subject to paragraph (30), in a case where the relevant circumstances are that there has been a change in the legislation in relation to attendance allowance or disability living allowance, the date on which that change in the legislation had effect;
;
e
after paragraph (29) there shall be added —
30
Where a decision is superseded in accordance with regulation 6(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to a relevant benefit, the decision under section 10 shall take effect from the date on which that change in the legislation had effect.
31
Where a decision is superseded in accordance with regulation 6(2)(a)(ii) and the relevant circumstances are that —
a
a personal capability assessment has been carried out in the case of a person to whom section 171C(4) of the Contributions and Benefits Act applies; and
b
the own occupation test remains applicable to him under section 171B(3) of that Act ,
the decision under section 10 shall take effect on the day immediately following the day on which the own occupation test is no longer applicable to that person.
32
For the purposes of paragraph (31) —
a
“personal capability assessment” has the same meaning as in regulation 24 of the Social Security (Incapacity for Work) (General) Regulations 1995 ;
b
“own occupation test” has the same meaning as in section 171B(2) of the Contributions and Benefits Act.
33
A decision to which regulation 6(2)(c)(ii) applies shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in section 26(1)(b).
.
6
In regulation 7B of the Decisions and Appeals Regulations (date from which a decision superseded under section 17 of the Child Support Act takes effect) after paragraph (22) there shall be inserted —
22A
Where a superseding decision is made in a case to which regulation 6A(4A) applies the decision shall take effect from the first day of the maintenance period following the date the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in section 28ZB(1)(b) of the Child Support Act.
.
Amendment of the Housing Benefit and Council Tax Benefit Regulations
4
1
In regulation 7 of the Housing Benefit and Council Tax Benefit Regulations (decisions superseding earlier decisions) —
a
in paragraph (2)(a)(i) after “a change of circumstances” there shall be inserted “since the decision had effect”;
b
for paragraph (2)(d) there shall be substituted —
d
of an appeal tribunal or of a Commissioner —
i
that was made in ignorance of, or was based upon a mistake as to, some material fact; or
ii
that was made in accordance with paragraph 17(4)(b) of Schedule 7 to the Act, in a case where paragraph 17(5) of that Schedule to the Act applies;
.
2
In regulation 8 of the Housing Benefit and Council Tax Benefit Regulations (date from which a decision superseding an earlier decision takes effect), after paragraph (9) there shall be added —
10
Where the decision is superseded in accordance with regulation 7(2)(a)(i) and the relevant circumstances are that there has been a change in the legislation in relation to housing benefit or council tax benefit, the superseding decision shall take effect from the date on which that change in the legislation had effect.
11
Where a superseding decision is made in a case to which regulation 7(2)(d)(ii) applies the superseding decision shall take effect from the date on which the appeal tribunal or the Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Commissioner or the court in the appeal referred to in paragraph 17(1)(b) of Schedule 7 to the Act.
.
Amendment of the Maintenance Assessment Procedure Regulations
5
1
In regulation 20 of the Maintenance Assessment Procedure Regulations (supersession of decisions) after paragraph (4) there shall be inserted —
4A
A decision may be superseded by a decision made by the Secretary of State —
a
where an application is made on the basis that; or
b
acting on his own initiative where,
the decision to be superseded is a decision of an appeal tribunal or of a Child Support Commissioner that was made in accordance with section 28ZB(4)(b) of the Act, in a case where section 28ZB(5) of the Act applies.
.
2
In regulation 23 of the Maintenance Assessment Procedure Regulations (date from which a decision is superseded) after paragraph (19) there shall be added —
20
Where a superseding decision is made in a case to which regulation 20(4A) applies that decision shall take effect from the first day of the maintenance period following the date on which the appeal tribunal or the Child Support Commissioner’s decision would have taken effect had it been decided in accordance with the determination of the Child Support Commissioner or the court in the appeal referred to in section 28ZB(1)(b) of the Act.
.
Tax Credits
6
Nothing in these Regulations shall affect the application of the Claims and Payments Regulations and the Decisions and Appeals Regulations to working families' tax credit and disabled person’s tax credit.
Signed by authority of the Secretary of State for Work and Pensions.
P. Hollis
Parliamentary Under-Secretary of State,
Department for Work and Pensions
7th April 2003


text:
1
This Order may be cited as the Enterprise Act 2002 (Part 9 Restrictions on Disclosure of Information) (Amendment and Specification) Order 2003 and shall come into force on 20th June 2003.
2
In this Order, “ the Act ” means the Enterprise Act 2002.
3
Schedule 14 to the Act (specified functions) is amended in accordance with Schedule 1 to this Order.
4
Schedule 15 to the Act (enactments conferring functions) is amended in accordance with Schedule 2 to this Order.
5
The subordinate legislation in Schedule 3 to this Order is hereby specified for the purposes of subsection (1) of section 238 (information) of the Act.
6
The subordinate legislation in Schedule 4 to this Order is hereby specified for the purposes of subsection (3) of section 241 (statutory functions) of the Act.
7
Schedule 5 (which contains repeals and revocations) has effect.
8
Schedule 6 (which contains minor and consequential amendments) has effect.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness
Department of Trade and Industry
28th May 2003


text:
Citation and Interpretation
1
1
This Order may be cited as the Education Act 2002 (Commencement No. 5 and Transitional and Saving Provisions) Order 2003.
2
In this Order —
“the 1998 Act ” means the School Standards and Framework Act 1998 ,
“the 2002 Act ” means the Education Act 2002.
Provisions coming into force on 1 st June 2003
2
The following provisions of the 2002 Act shall come into force on 1 st June 2003:
section 70;
section 71;
section 73;
Schedule 8.
3
The following provisions of the 2002 Act shall come into force except in relation to Wales on 1 st June 2003:
section 74(1);
section 75 to the extent that it is not already in force;
sections 142 to 144;
section 146 to the extent that it repeals section 218(6), (6ZA), (6A), (6B) and section 218A of the Education Reform Act 1988;
section 154(1) and (2);
Schedule 10 to the extent that it is not already in force;
section 215 to the extent that it relates to the provisions of Schedules 21 and 22 specified below;
in Schedule 21–
paragraph 9,
paragraph 54,
paragraphs 71 to 73,
paragraph 75,
paragraph 76 except for sub-paragraph (a),
paragraph 77,
paragraph 83,
paragraph 86,
paragraph 97,
paragraph 98(2)(b),
paragraph 115 to the extent that it is not already in force,
paragraph 116,
paragraphs 120 to 123,
paragraph 128;
in Schedule 22, the repeal of –
in the Education Reform Act 1998, section 218(6), (6ZA), (6A), (6B) and section 218A,
in the Education Act 1997, section 49,
in the Police Act, in section 113, in subsection (3A), paragraph (a)(ii) and (iii), and in subsection (3B), paragraph (c) and the words from “and the reference “ to the end, and section 115(6A),(a)(ii) and (iii),
in the Teaching and Higher Education Act 1998, in Schedule 2, paragraph 1(5),
in the School Standards and Framework Act, in Schedule 6 –
in paragraph 3(2), the word “or” at the end at the end of paragraph (b),
in paragraph 4(5) the word “or” at the end of paragraph (a), and
in paragraph 5(9) the words “or (8)”,
in the Protection of Children Act –
section 5,
in section (7), subsection (1)(a)(ii) and (iii), the word “and” immediately preceding subsection (2)(c), and subsection (4),
in section 9(2), the word “or” at the end of paragraph (d), and
in section 1292) the definition of “the 1998 Act”,
in the Criminal Justice and Court Services Act 2000, section 35(5), and in Schedule 7, paragraph 83.
Transitional and saving provisions
4
1
Despite the coming into force of section 154(1) and (2) of the 2002 Act, where a local education authority in England has before 1 st June 2003 taken a decision to establish a new maintained nursery school, section 28(1)(aa) of the 1998 Act shall not apply to the proposal.
2
An authority’s decision to establish a maintained nursery school shall only be treated as such if it conforms with its arrangements for the discharge of its functions in accordance with its executive arrangements as defined by section 10(1) of the Local Government Act 2000 .
5
Despite the coming into force of paragraphs 2, 3(2), 4(2), 8 and 10(b) of Schedule 10 to the 2002 Act, the amendments to paragraphs 2, 3(1)(a)(i) and 4(1)(b) of Schedule 6 to, and paragraphs 7 and 9(1)(c) of Schedule 7 to, the 1998 Act shall not have effect in relation to any proposals published before 1 st June 2003.
6
Despite the coming into force of paragraph 97 of Schedule 21 to the 2002 Act, where a local education authority has before 1 st June 2003 commenced consultation, in accordance with section 28(5) of the 1998 Act, on the establishment of a community or foundation school which is an additional school within the meaning of section 70 of the 2002 Act, section 28(1)(a) of the 1998 Act shall apply to the proposal.
David Miliband
Minister of State
Department for Education and Skills
14th April 2003


text:
Citation and commencement.
1
These Regulations may be cited as the Local Education Authority (Behaviour Support Plans) (Exception) (England) Regulations 2003 and shall come into force on 1st January 2004.
Removal of requirement to publish revised plan.
2
Regulation 5(3)(b) of the Local Education Authority (Behaviour Support Plans) Regulations 1998 shall not apply to the local education authorities listed in the Schedule.
Ivan Lewis
Parliamentary Under Secretary of State,
Department for Education and Skills
27th November 2003


text:
Citation, commencement and extent
1
This Order may be cited as the Regulatory Reform (British Waterways Board) Order 2003 and shall come into force on 13th June 2003.
Amendment of the Transport Act 1962
2
1
The Transport Act 1962 is amended as follows.
2
In section 10(3) (powers of British Waterways Board), after paragraph (d) insert —
dd
except in Scotland —
i
to abstract water from any source other than that mentioned in paragraph (d),
ii
to purchase water,
iii
to treat water;
iv
to sell any water other than that mentioned in paragraph (d),
v
to treat and dispose of effluent;
.
Amendment of the Transport Act 1968
3
1
The Transport Act 1968 is amended as follows.
2
In section 50 (miscellaneous provisions as to powers), after subsection (8) insert —
8A
Subsection (8) of this section does not oblige the Waterways Board to secure any restriction on the borrowing powers of a company which it forms, promotes and assists, or joins with any other person in forming, promoting and assisting.
This subsection does not affect the powers or obligations of the Waterways Board in or as regards Scotland.
Signed by authority of the Secretary of State
Alun Michael
Minister of State
Department for Environment, Food and Rural Affairs
12th June 2003


text:
1
This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Codes C and D) (Certain Police Areas) Order 2003 and shall come into force on 1st April 2003.
2
Subject to article 3:
a
the code of practice for the detention, treatment and questioning of persons by police officers (Code C), and
b
the code of practice for the identification of persons by police officers (Code D),
for the time being in force are to be treated as having effect with the modifications set out in the Schedule to this Order.
3
The modifications to Codes C and D made by article 2 shall have effect only in the following police areas :
a
Avon and Somerset;
b
Bedfordshire;
c
Cleveland;
d
Devon and Cornwall;
e
Greater Manchester;
f
Humber;
g
Lancashire;
h
Merseyside;
i
the metropolitan police district;
j
North Wales;
k
Nottinghamshire;
l
South Yorkshire;
m
Staffordshire;
n
Thames Valley; and
o
West Yorkshire.
4
The following Orders are hereby revoked —
a
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Temporary Modifications to Code D) Order 2002 ;
b
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) Order 2002 ; and
c
the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) (Amendment) Order 2002 .
John Denham
Minister of State
Home Office
13th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Goods Vehicles (Plating and Testing) (Amendment) Regulations 2003 and shall come into force on 11th August 2003.
Preliminary
2
The Goods Vehicles (Plating and Testing) Regulations 1988 shall be further amended as follows.
Amendments relating to fees
3
1
In regulation 12, in paragraph (3), for the Table there shall be substituted the following Table —
TABLE
Description of vehicle Fee (£)
Motor vehicle with 2 axles 42.00 Motor vehicle with 3 axles 48.00 Motor vehicle with 4 or more axles 54.00 Trailer with 1 axle 21.00 Trailer with 2 axles 24.00 Trailer with 3 or more axles 27.00
2
In the regulations specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing amount (£) Substituted amount (£)
12(4) 22 25.50 14 16.00 12(4A) 7.50 9.00 3.50 4.00 16(1) 20.50 23.50 11 12.50 16(3) 20.50 23.50 11 12.50 16(4) 11 12.50 7 8.00 16(4A) 4.50 5.50 16(5) 22.50 25.50 14 16.00 16(5A) 7.50 9.00 3.50 4.00 34(1) 15 17.00 34(2) 9 10.00 34(2A) 4.50 5.50 37B(2) 15 17.00
Amendments to regulation 8 (conditions of acceptance of a vehicle)
4
1
Regulation 8 shall be further amended as follows.
2
In paragraph (2)(k), after the words “preceding the examination” there shall be inserted “or as otherwise notified in writing by the Secretary of State”.
3
After paragraph (2)(p), the word “or” shall be omitted.
4
In paragraph (2)(q), for the words “applies to the vehicle.” there shall be substituted “applies to the vehicle; or” and the following sub–paragraph shall be inserted —
r
an examiner is not able to open and examine recording equipment fitted to the vehicle in accordance with the Community Recording Equipment Regulation .
.
Amendments to regulation 16 (fees for re-tests)
5
In regulation 16(6)(c)(ii), the words “(except in so far as those items relate to rear markings)” shall be omitted.
Amendment of regulation 39(3)(b)(ii) (general provisions as to fees)
6
In regulation 39(3)(b)(ii), for the words “the fee shall be reduced to £2.50 (the balance of any sum already paid in respect of the fee being refundable)” substitute “any sum paid by him in respect of such a previous application for an examination shall be returned”.
Amendment of paragraph 31 of Schedule 2 (classes of vehicle to which the Regulations do not apply)
7
In paragraph 31(b)(ii) of Schedule 2, for the words “of less than 810 millimetres” substitute “of not more than 1100mm”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
14th July 2003


text:
Citation, commencement and interpretation
1
1
These Regulations shall be cited as the Income Support (General) (Standard Interest Rate Amendment) Regulations 2003 and shall come into force on 16th November 2003.
2
In these Regulations, “the Decisions and Appeals Regulations ” means the Social Security and Child Support (Decisions and Appeals) Regulations 1999 and “the Income Support Regulations ” means the Income Support (General) Regulations 1987 .
3
These Regulations shall have effect in relation to any particular claimant —
a
in a case where income support is paid to the claimant in arrears, in accordance with paragraph 1(a) of Schedule 3A to the Decisions and Appeals Regulations (date on which change of circumstances takes effect in certain cases where a claimant is in receipt of income support) —
i
from the first day of the benefit week which includes 23rd November 2003; or
ii
if the claim for income support is for a period commencing after 23rd November 2003, from the first day of the first benefit week commencing after 16th November 2003;
b
in a case where income support is paid to the claimant in advance, in accordance with paragraph 1(b) of Schedule 3A to the Decisions and Appeals Regulations from the first day of the first benefit week commencing after 23rd November 2003,
and for this purpose, the expressions “claimant” and “benefit week” have the same meanings as in regulation 2(1) of the Income Support Regulations (interpretation).
Amendment of Schedule 3 to the Income Support Regulations
2
In paragraph 12(1)(a) of Schedule 3 to the Income Support Regulations (standard rate of interest on qualifying loans), for the words “5.34 per cent.” there shall be substituted the words “5.07 per cent.”.
Revocation of the Income Support (General) (Standard Interest Rate Amendment) ( No. 2) Regulations 2002
3
The Income Support (General) (Standard Interest Rate Amendment) (No. 2) Regulations 2002 are hereby revoked save that those Regulations shall continue to have effect until the first day of the benefit week having effect in relation to any particular claimant for the purpose of regulation 1(3) of these Regulations.
Signed by authority of the Secretary of State for Work and Pensions
Chris Pond
Parliamentary Under Secretary of State,
Department for Work and Pensions
20th October 2003


text:
Citation, commencement and extent
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) Order 2003 and shall come into force on 21st March 2003.
Designation as a public body
2
Each of the following bodies, being a person appearing to the Secretary of State, to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970, in its application to England :
Swaythling Parochial Church Council ;
York Museums and Gallery Trust ; and
South Lakeland Leisure .
Restrictions on agreements — Swaythling Parochial Church Council
3
Agreements which may be entered into by Swaythling Parochial Church Council by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of stationery, furniture and general goods to it by Hampshire County Council; and
b
that any such agreements are made in connection with the provision of services in the area of Hampshire County Council.
Restrictions on agreements — York Museums and Gallery Trust
4
Agreements which may be entered into by York Museums and Gallery Trust by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials, or the provision of administrative, professional or technical services, to it by the City of York Council; and
b
that any such agreements are entered into during a period in respect of which it is in receipt of a grant from the City of York Council; and
c
that any agreements are made in connection with the provision of museums, galleries and educational facilities in the area of the City of York Council.
Restrictions on agreements — South Lakeland Leisure
5
Agreements which may be entered into by South Lakeland Leisure by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of goods or materials, or the provision of administrative, professional or technical services, to it by South Lakeland District Council; and
b
that any such agreements are entered into during a period in respect of which it is in receipt of a grant from South Lakeland District Council; and
c
that any agreements are made in connection with the provision of recreational facilities in the area of South Lakeland District Council.
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
21st February 2003


text:
Citation and commencement
1
This Order may be cited as the Land Registration (Proper Office) Order 2003 and shall come into force on 13th October 2003.
Applications to which this Order applies
2
1
This Order applies to any application to the registrar except an application delivered to the registrar —
a
in accordance with a written arrangement as to delivery made between the registrar and the applicant or between the registrar and the applicant’s conveyancer, or
b
under the provisions of any relevant notice given under Schedule 2 to the Land Registration Rules 2003 .
2
In this article “conveyancer” means —
a
a solicitor, or
b
a licensed conveyancer within the meaning of section 11(2) of the Administration of Justice Act 1985 , or
c
a fellow of the Institute of Legal Executives.
Designation of the proper office
3
The proper office for the receipt of an application to which this Order applies is any office of the land registry specified in column 1 of the Schedule which is opposite an administrative area shown in column 2 of the Schedule in which the land to which that application relates is wholly or partly situated.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
2nd August 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Adoption Agencies (Amendment) Regulations 2003 and shall come into force on 27th October 2003.
2
These Regulations apply to England only.
Amendment of regulation 5A of the Adoption Agencies Regulations 1983
2
In regulation 5A of the Adoption Agencies Regulations 1983 (tenure of office of members), after paragraph (1), there is inserted —
1A
Where —
a
a member of an adoption panel holds office and is in his second consecutive term as a member of that panel; and
b
his term of office is due to expire on or after 31st October 2003,
the adoption agency may extend the term of office of that member for a further period not exceeding two years.
.
Margaret Hodge
Minister of State,
Department for Education and Skills
6th October 2003


text:
PART 1
Introduction
Title, application and commencement
1
This Order may be cited as the Disease Control (England) Order 2003; it applies in England and comes into force on 1st August 2003.
Interpretation
2
In this Order —
“animals” means cattle (excluding bison and yak), deer, goats, pigs and sheep;
“collecting centre” means premises used for the intermediate reception of animals intended to be moved elsewhere (but does not include a market or other place used for the sale or trading of animals unless all the animals there are intended for immediate slaughter);
“keeper” means any person having care and control of animals even on a temporary basis and includes, for the purposes of article 13(2)(a), any person transporting the animals;
“land” includes common or unenclosed land;
“premises” includes land, with or without buildings;
“sole occupancy group” has the meaning assigned by article 11;
“veterinary surgeon” means a fellow or member of the Royal College of Veterinary Surgeons;
“slaughterhouse” has the meaning it is given in the Fresh Meat (Hygiene and Inspection) Regulations 1995 ;
“standstill period” means a period when animals may not be moved off premises because of the provisions of articles 4 or 5; and
“veterinary treatment” includes, in the case of goats, the collection of semen.
Exceptions
3
This Order shall not apply in relation to a movement —
a
licensed under the Foot-and-Mouth Disease Order 1983 ; or
b
to or from a zoo licensed under the Zoo Licensing Act 1981 .
PART 2
Movement restrictions
Restrictions on the movement of cattle, sheep and goats
4
No person shall move any sheep, goats or cattle from any premises if any sheep, goats, cattle or pigs have been moved on to those premises during the previous 6 days.
Restrictions on the movement of pigs
5
No person shall move a pig from any premises if —
a
any pig has been moved on to those premises during the previous 20 days; or
b
any cattle, goats or sheep have been moved on to those premises during the previous 6 days.
Permitted movements during standstill
6
Notwithstanding articles 4 and 5, animals may be moved off premises during the standstill period if —
a
the movement is one specified in Schedule 1; or
b
a permit disapplying the standstill period has been issued by a veterinary inspector.
Movements that do not trigger a standstill period
7
The standstill period is not triggered by a movement on to premises if it is a movement specified in Schedule 2.
Isolation facilities
8
1
Where animals are held in an isolation facility under any provision of this Order, and other animals are moved in before they are released from the isolation facility, no animal may be removed from the isolation facility before the last date of release of the last animals moved into the isolation facility.
2
Pigs may not share an isolation facility with animals of any other species.
Marking sheep and goats travelling to shows or exhibitions
9
No person shall move sheep or goats to a show or exhibition unless the animals are marked with an individual identification number in accordance with article 6 of the Sheep and Goats Identification and Movement (Interim Measures) (England) ( No. 2) Order 2002 .
Restrictions on movements to and from slaughterhouses
10
No person shall —
a
move any animal to a slaughterhouse save for the purpose of slaughter within 48 hours of its arrival there; or
b
receive any animal from a slaughterhouse unless, in the case of any animal other than a pig, under the authority of a licence issued by a veterinary inspector.
Sole occupancy groups
11
The Secretary of State may authorise sets of premises as sole occupancy groups if she is satisfied that the premises are linked in terms of their control.
PART 3
Licences
Requirement for a licence to move animals
12
1
No person shall move an animal from any premises unless the movement is made under the authority of a licence issued by the Secretary of State or an inspector.
2
Paragraph (1) shall not apply to any movement authorised by a licence under article 10 of the Pigs (Records, Identification and Movement) (Interim Measures) (England) (No. 2) Order 2002 (licences relating to pet pigs).
Notices prohibiting movement under a general licence
13
1
Where a general licence has been issued under article 12, the Secretary of State may issue a notice prohibiting —
a
the movement under the authority of that licence of any animal from any premises specified in the notice; or
b
any person specified in the notice from moving animals under the authority of that licence either generally or to or from any premises specified in the notice.
2
A notice may only be issued under paragraph (1) on the advice of an inspector, who must be of the opinion that —
a
the provisions of this Order are not being or have not been complied with in relation to animals moved to or from the premises in question or in relation to the movement of any other animals of which the person on whom the notice is to be served is or has at any time been the keeper, and
b
the service of a notice is necessary to prevent a possible spread of disease.
3
A notice issued under paragraph (1)(a) shall be served on the occupiers of each of the premises specified in the notice and in any other way that the Secretary of State thinks fit to draw the notice to the attention of persons affected by it.
4
A notice issued under paragraph (1)(b) shall be served on the person prohibited from moving animals by the notice and on the occupiers of any premises individually named in the notice.
5
A notice shall be in writing, may be subject to conditions and may be amended, suspended or revoked at any time by further notice by the Secretary of State.
Specific licences
14
1
An animal moved under a specific licence shall —
a
be moved by the most direct route available to the place of destination specified in the licence, and
b
be accompanied throughout the movement by the licence.
2
The person in charge of any animal moved under a specific licence shall, on demand made by a constable or by an inspector or other officer of the Secretary of State or of a local authority —
a
produce the licence;
b
allow a copy or an extract to be taken; and
c
if so required, furnish his name and address.
3
Every animal which is moved under the authority of a licence under this Order shall be kept separate throughout such movement from any animal which is not being moved under the authority of that licence.
4
Where animals are moved under a specific licence, then, unless the licence provides otherwise, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the licence before allowing the animals to be unloaded; and
b
keep the licence for six months and during that period produce it to an inspector on request.
General licences
15
Where animals are moved under a general licence, and that licence requires the person moving the animals to have a movement document, the occupier of premises which they are moved on to shall —
a
ensure that he or his representative is given the top copy of the movement document before allowing the animals to be unloaded;
b
complete the top copy to indicate that he has received the animals, sign it, and send it to the local authority without undue delay; and
c
keep a copy of the completed document for six months and during that period produce it to an inspector on request.
Copies of licences
16
Where an inspector of a local authority issues a licence under article 12(1), he shall retain a copy of the licence for six months.
Compliance with licences, etc.
17
If any person fails to comply with a licence, permit, authorisation or notice issued under this Order an officer of the Secretary of State or an inspector may arrange for it to be complied with at the expense of the person in default.
Licences issued in Scotland or Wales
18
A licence issued by the competent authority in Scotland or Wales for the purpose of the movement of animals operates in England as if it had been issued under this Order.
PART 4
Miscellaneous and enforcement
Licences, permits and authorisations
19
1
Any licence, permit or authorisation under this Order shall be in writing, may be general or specific, may be subject to conditions and may be varied, suspended or revoked at any time by notice in writing issued —
a
by the Secretary of State, in the case of a licence, permit or authorisation issued by the Secretary of State or an inspector of any kind;
b
by a veterinary inspector, in the case of a licence or permit issued by a veterinary inspector or any other inspector of the Secretary of State;
c
by an inspector of the Secretary of State (other than a veterinary inspector), in the case of a licence issued by any such inspector; or
d
by an inspector of a local authority, in the case of a licence issued by an inspector of that local authority.
2
In deciding whether to issue a licence under article 12(1) or a permit under article 6(b) an inspector or a veterinary inspector shall comply with any instructions issued by the Secretary of State.
Cleansing and disinfection
20
1
A licence issued under article 12(1), a permit issued under article 6(b) or an authorisation under article 11 may specify requirements for the cleansing and disinfection of any vehicle used for moving animals additional to the requirements of the Transport of Animals (Cleansing and Disinfection) (England) Order 2003 .
2
Where animals are moved under a licence, the occupier of the premises which they are moved on to shall provide adequate facilities, equipment and materials for any cleansing and disinfection required by the licence.
Change of occupation of premises
21
1
Where, on the termination of his right of occupation of any premises, the owner of any animal on those premises is unable to remove it from those premises by reason of any restriction imposed by or under this Order, the person entitled to the occupation of those premises shall —
a
afford the owner of that animal and any person authorised by him for the purpose, all such facilities as may be necessary for feeding, tending or otherwise using that animal (including selling it) as the owner may reasonably require; or
b
where the owner of that animal is unable or unwilling to avail himself of such facilities, take all such steps as may be necessary to ensure that the animal is properly fed, tended and kept.
2
The provisions of paragraph (1) shall continue to apply until the expiry of a period of 7 days from the date on which any restriction on the movement of the animal off the premises ceases to apply and the owner of the animal shall be liable to pay to the person who affords any facilities or feeds, tends or otherwise keeps that animal, in accordance with those provisions, such sums by way of remuneration and reimbursement of expenses as may be just and reasonable in all the circumstances.
Enforcement
22
1
This Order shall be enforced by the local authority.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed on a local authority under this regulation shall be discharged by the Secretary of State and not by the local authority.
Revocations
23
The Disease Control (Interim Measures) (England) (No. 2) Order 2003 is revoked.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
10th July 2003


text:
Title, commencement and interpretation
1
1
This Order may be cited as the European Parliament (United Kingdom Representatives) Pensions (Amendment) Order 2003 and shall come into force on 25th June 2003, but articles 4 to 6 shall have effect from 1st April 2001.
2
In this Order, “the principal Order ” means the European Parliamentary (United Kingdom Representatives) Pensions (Consolidation and Amendment) Order 1994 , and other expressions shall have the same meaning as in the principal Order.
Amendments to the principal Order
Contributions
2
1
For paragraph (2) of article 5 in the principal Order, there shall be substituted: —
2
Subject to paragraph (2A) below, for the purposes of paragraph (1) above the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 15th July 2002, is 6 per cent; and
b
in relation to a period beginning on or after 15th July 2002,
i
is 9 per cent; or
ii
where a participant opts to contribute at a reduced rate, is 6 per cent.
2A
Where a person who is a Representative on 15th July 2002 so opts, the appropriate percentage —
a
in relation to a payment of salary made in respect of a period beginning on or after 1st April 1992 and ending before 5th July 2001, is 6 per cent; and
b
in relation to a period beginning on or after 5th July 2001 is 9 per cent.
2B
A participant shall make the options referred to in paragraphs (2) and (2A) above by giving notice in writing to the Managers —
a
in the case of a participant who is a Representative on 15th July 2002, no later than 31st July 2003, or
b
in the case of a participant who has been a Representative but who is not a Representative on 15th July 2002, not more than 3 months after the date of the general election or by-election at which he is next re-elected as a Representative; and
c
otherwise not more than three months after the date of the general election or by-election at which he is elected for the first time as a Representative.
2C
Where the option referred to in paragraph (2) is exercised in accordance with sub-paragraph (a) of paragraph (2B), the effective date of the option is 15th July 2002; and there shall be repaid to the participant the difference between any contributions deducted from his salary at the rate of 9 per cent since the effective date and the contributions which would have been deducted from it at the rate of 6 per cent.
2D
Where the option referred to in paragraph (2) is exercised in accordance with sub-paragraph (b) or (c) of paragraph (2B), the effective date of the option is the date of the election referred to in sub-paragraph (b) or (c); and there shall be repaid to the participant the difference between any contributions deducted from his salary at the rate of 9 per cent since the effective date and the contributions which would have been deducted from it at the rate of 6 per cent.
2E
Where the option referred to in paragraph (2A) is exercised, the effective date of the option is 5th July 2001; and the participant shall pay to the Managers within twenty-eight days of the exercise of the option, or within such longer period as the Managers may in their discretion determine, the sum certified by the Managers as being the additional amount which would have been deducted from his salary had contributions been deducted from it at the rate of 9 per cent from the effective date.
.
Accrual rate
3
1
For paragraph (11A) of article 7 in the principal Order, there shall be substituted: —
11A
In paragraph (2) of this article “the appropriate fraction” means —
a
in the case of a participant in service on or after 1st April 1995 who has not exercised an option under article 5(2),
i
in the case of a year or part of a year ending before 15th July 2002, one-fiftieth, and,
ii
in the case of a year or part of a year commencing on or after 15th July 2002, one-fortieth; or
b
in the case of a participant who has exercised an option under article 5(2A), —
i
in the case of a year or part of a year ending before 5th July 2001, one-fiftieth, and,
ii
in the case of a year or part of a year commencing on or after 5th July 2001, one-fortieth; or
c
in the case of a participant who has exercised an option under article 5(2), one-fiftieth.
2
After paragraph (12) of article 7, there shall be inserted —
12A
For the purposes of paragraph (11A) of this article, in the case of a participant to whom sub-paragraph (a) applies,
a
so much of the period commencing on 1st April 2002 and ended with 14th July 2002 as fell within his aggregate period of reckonable service shall be treated as a part of a year in relation to which sub-paragraph (i) of that paragraph applies; and
b
so much of the period commencing on 15th July 2002 and ended with 31st March 2003 as fell within his aggregate period of reckonable service shall he treated as a part of a year in relation to which sub-paragraph (ii) of that paragraph applies.
12B
For the purposes of paragraph (11A) of this article, in the case of a participant to whom sub-paragraph (b) applies,
a
so much of the period commencing on 1st April 2001 and ended with 4th July 2001 as fell within his aggregate period of reckonable service shall be treated as a part of a year in relation to which sub-paragraph (i) of that paragraph applies; and
b
so much of the period commencing on 5th July 2001 and ended with 31st March 2002 as fell within his aggregate period of reckonable service shall be treated as a part of a year in relation to which sub-paragraph (ii) of that paragraph applies.
.
Qualifying period of reckonable service
4
For paragraph (2) of article 10 of the principal Order there shall be substituted —
2
For the purposes of paragraph (1)(c) of this article, service of a participant as a member of another Parliament, whether rendered before on or after 2nd April 1991, may count towards his qualifying period, provided that any period during which he serves concurrently in more than one Parliament shall count only once.
3
In paragraph (2) above, Parliament means the European Parliament, the House of Commons, the Scottish Parliament, the National Assembly for Wales or the Northern Ireland Assembly.
.
Pensions for children
5
1
In paragraph (1) of article 14 of the principal Order after the words “who has died” there shall be inserted “before 1st April 2001”.
2
After paragraph (1) of article 14 of the principal Order there shall be inserted: —
1A
Subject to the provisions of this article, a pension shall be payable for the benefit of any relevant child or children of a person who has died on or after 1st April 2001, if at the time of his death the condition specified in sub-paragraph (a) or in sub-paragraph (b) or in sub-paragraph (c) of article 12(2) is fulfilled in his case.
.
3
In paragraph (3) of article 14 of the principal Order for the word “left” there shall be substituted the words “died before 1st April 2001 leaving”.
4
Schedule 5 to the principal Order shall be amended as follows: —
a
after paragraph 1 there shall be added —
1A
Paragraphs 3 to 6 of this Schedule apply where the deceased died before 1st April 2001 and paragraphs 7 to 8 apply where the deceased died on or after 1st April 2001
.
b
before paragraph 3 there shall be inserted the heading: —
Where the deceased died before 1st April 2001
c
at the end of the Schedule there shall be added —
“Where the deceased died on or after 1st April 2001
7
1
A child of a former husband or wife, as the case may be, of the deceased shall not be treated as a relevant child for the purposes of Article 14 if he was born or became his or her adopted child after the termination of the marriage.
2
Notwithstanding sub-paragraph (1) above, the Managers may direct that the adopted child shall be treated as a relevant child if they are satisfied that the deceased and his or her husband or wife before the termination of their marriage already formed the intention of adopting the child and the child was at the time of the deceased’s death wholly dependant on the deceased.
8
Paragraph 4 above shall apply with the insertion after the word “wife” of the words “or husband”.
Increase in death in service gratuity
6
In paragraphs (5) and (6) of article 16 of the principal Order for the word “three” there shall be substituted the word “four”.
John Reid
President of the Council
2nd June 2003


text:
Citation and commencement
1
These Regulations may be cited as the Child Benefit and Guardian’s Allowance (Administration) (Amendment) Regulations 2003 and shall come into force on 19th August 2003].
2
The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003 are amended as follows.
3
1
Renumber regulation 6 as paragraph (1) of that regulation.
2
After paragraph (1) so formed add —
2
Paragraph (1) shall not apply where —
a
a person has been awarded child benefit or guardian’s allowance while he was present and residing in Great Britain, or Northern Ireland;
b
at a time when payment of the award has not been suspended or terminated (under regulations 18 to 20 of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003 or otherwise), he takes up residence in Northern Ireland, or Great Britain as the case may be (“the new country of residence”); and
c
a new claim for that benefit or allowance is made in the new country of residence, for a period commencing on the later of —
i
the date of the change of residence referred to in sub-paragraph (b), or
ii
the date on which, apart from satisfying the conditions for making the claim, the person became entitled to the benefit or allowance under the legislation of the new country of residence.
.
Nick Montagu
Dave Hartnett
Two of the Commissioners of Inland Revenue
28th July 2003


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the National Health Service (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2003.
2
Subject to paragraph (3), these Regulations shall come into force on 1st April 2003.
3
Regulations 2 to 4 and 8 to 10 shall come into force on 6th April 2003.
4
In these Regulations —
“the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ; and
“the Ophthalmic Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
5
These Regulations apply to England only.
PART 1
AMENDMENTS OF OPTICAL REGULATIONS
Amendment of regulation 1 of the Optical Regulations
2
In regulation 1 of the Optical Regulations (citation, commencement and interpretation), in sub-paragraph (2) —
a
after the definition of “child”, there is inserted —
“child tax credit” means child tax credit under the Tax Credits Act 2002 ;
;
b
after the definition of “complex appliance”, there is inserted —
“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;
;
c
after the definition of “the 1989 regulations”, there is inserted —
“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;
;
d
after the definition of “voucher”, there is inserted —
“working tax credit” means working tax credit under the Tax Credits Act 2002.
; and
e
the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit” are omitted.
Amendment of regulation 8 of the Optical Regulations
3
1
Regulation 8 of the Optical Regulations (eligibility — supply of optical appliances) is amended as follows.
2
In paragraph (3) —
a
at the end there is added —
l
he is a member of a family —
i
one member of which is receiving —
aa
working tax credit and child tax credit;
bb
working tax credit which includes a disability element; or
cc
child tax credit, but is not eligible for working tax credit; and
ii
where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or
m
he is a member of a family, in respect of whom there is a current notice of entitlement under regulation 12A.
;
b
sub-paragraphs (c), (d), (g) and (h) are omitted.
3
For paragraph (4) there is substituted —
4
In paragraph —
a
in sub-paragraphs (b) and (f), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 , as it applies to income support;
b
in sub-paragraph (j), “family” has the meaning given to it by section 35 of the Jobseekers Act 1995 ; and
c
in sub-paragraphs (1) and (m), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 .
.
New regulation 12A inserted into the Optical Regulations
4
After regulation 12 of the Optical Regulations (use of vouchers for supply of optical appliances), there is inserted —
12A
1
Where a person is entitled to the payment of, or contribution towards, the cost incurred for the supply of an optical appliance because he is a member of a family described in regulation 8(3)(1), the Secretary of State shall issue a notice of entitlement to that family.
2
Such a notice of entitlement shall apply to —
a
any family member who is named in the notice of entitlement; and
b
any other member of such a person’s family.
3
A notice of entitlement issued under paragraph (1) shall be effective —
a
from such date; and
b
for such period,
as the Secretary of State may determine.
4
Any change in the financial or other circumstances of a person who is a member of a family in respect of which a notice of entitlement has been issued under paragraph (1), during the period for which the notice of entitlement has been issued, shall not affect the validity of the notice of entitlement in respect of that period.
.
Amendment of regulation 19 of the Optical Regulations
5
In regulation 19 of the Optical Regulations (redemption value of voucher for replacement or repair) —
a
in paragraph (1)(b) for “£44.60” there is substituted “£45.70”; and
b
in paragraph (3) for “£11.50” there is substituted “£11.80”.
Amendment of the Schedules to the Optical Regulations
6
1
In Schedule 1 to the Optical Regulations (voucher letter codes and face values — supply and replacement), in column (3) (face value of voucher), for each amount specified in column 1 of the table below there is substituted the amount specified in relation to it in column 2 of that table.
Table
(1) Old amount (2) New amount
£30.50 £31.30 £46.40 £47.60 £63.20 £64.80 £142.70 £146.30 £52.70 £54.00 £67.00 £68.70 £81.00 £83.00 £157.00 (in both places where it appears) £160.90 £44.60 £45.70
2
In Schedule 2 to the Optical Regulations (prisms, tints, photochromic lenses, small and special glasses and complex appliances) —
a
in paragraph 1(1)(a) for “£9.90” there is substituted “£10.10”;
b
in paragraph 1(1)(b) for “£11.90” there is substituted “£12.20”;
c
in paragraph 1(1)(c) for “£3.30” there is substituted “£3.40”;
d
in paragraph 1(1)(d) for “£3.80” there is substituted “£3.90”;
e
in paragraph 1(1)(e) —
i
for “£50.20” there is substituted “£51.50”,
ii
for “£44.60” there is substituted “£45.70”, and
iii
for “£24.20” there is substituted “£24.80”;
f
in paragraph 1(1)(g) for “£50.20” there is substituted “£51.50”;
g
in paragraph 2(a) for “£10.70” there is substituted “£11.00”; and
h
in paragraph 2(b) for “£27.00” there is substituted “£27.70”.
3
For Schedule 3 to the Optical Regulations (voucher values — repair), there is substituted the Schedule 3 set out in the Schedule to these Regulations.
Application of Regulations 5 and 6
7
The amendments made in regulations 5 and 6 of these Regulations apply only in relation to a voucher accepted or used pursuant to regulation 12 or regulation 17 of the Optical Regulations on or after 1st April 2003.
PART 2
AMENDMENTS OF OPHTHALMIC REGULATIONS
Amendment of regulation 2 of the Ophthalmic Regulations
8
In regulation 2 of the Ophthalmic Regulations (interpretation), in sub-paragraph (1) —
a
after the definition of “capital limit”, there is inserted —
“child tax credit” means child tax credit under the Tax Credits Act 2002 ;
;
b
after the definition of “director”, there is inserted —
“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;
;
c
after the definition of “qualifications”, there is inserted —
“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002;
;
d
in the definition of “notice of entitlement” after “regulation 7” there is inserted “or 7ZA”;
e
after the definition of “the Tribunal”, there is inserted —
“working tax credit” means working tax credit under the Tax Credits Act 2002.
; and
f
the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit” are omitted.
Amendment of regulation 13 of the Ophthalmic Regulations
9
1
Regulation 13 of the Ophthalmic Regulations (sight tests — eligibility) is amended as follows.
2
In paragraph (2) —
a
at the end there is added —
l
he is a member of a family —
i
one member of which is receiving —
aa
working tax credit and child tax credit,
bb
working tax credit which includes a disability element, or
cc
child tax credit, but is not eligible for working tax credit, and
ii
where the relevant income of the person or persons to whom an award of a tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200; or
m
he is a person in respect of whom there is a current notice of entitlement.
; and
b
sub-paragraphs (c), (d), (g) and (h) are omitted.
3
For paragraph (3) there is substituted —
3
In paragraph (2) —
a
in sub-paragraphs (b) and (f), “family” has the meaning given to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 , as it applies to income support;
b
in sub-paragraph (j), “family” has the meaning given to it by section 35 of the Jobseekers Act 1995 ; and
c
in sub-paragraph (l), “family” has the meaning given to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 .
.
PART 3
TRANSITIONAL PROVISION
10
1
Until 31st July 2003, notwithstanding the revocation of regulation 8(3)(c), (d), (g) and (h) of the Optical Regulations, any person who, immediately before the coming into force of regulations 2 to 4 of these Regulations, was an eligible person under regulation 8(3)(c), (d), (g) and (h) of the Optical Regulations shall continue to be an eligible person for the purposes of Parts IV and V of the Optical Regulations.
2
Until 31st July 2003, notwithstanding the revocation of regulation 13(2)(c), (d), (g) and (h) of the Ophthalmic Regulations, any person who, immediately before the coming into force of regulation 8 and 9 of these Regulations, was an eligible person under regulation 13(2)(c), (d), (g) and (h) of the Ophthalmic Regulations shall continue to be an eligible person.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
11th March 2003


text:
1
These Regulations may be cited as the Education (Teacher Training Bursaries) (England) (Amendment) Regulations 2003 and shall come into force on 1st January 2004.
2
The Education (Teacher Training Bursaries) (England) Regulations 2002 are amended as follows.
3
In regulation 2 —
a
substitute the following definition for the definition of “qualified teacher” —
“qualified teacher” means a person who satisfies requirements specified in regulations made under section 132 of the Education Act 2002 ;
; and
b
omit “and” at the end of the definition of “school centred course” and insert the following definition after that definition —
“subject enhancement course” means a post-graduate course which is designed to equip a person with the subject knowledge he requires to complete a course of initial teacher training; and
.
4
In regulation 3(1) —
a
omit “or” at the end of sub-paragraph (d); and
b
after “initial teacher training” in sub-paragraph (e) insert “; or” and the following sub-paragraph —
f
a subject enhancement course
.
David Miliband
Mnister of State,
Department for Education and Skills
29th November 2003