text:
Title and commencement
1
These Regulations may be cited as the Organic Products (Imports from Third Countries) Regulations 2003 and shall come into force on 1st December 2003.
Interpretation
2
1
In these Regulations —
“authorised officer” means any person who is authorised by a local authority in writing, either generally or specially, to act in matters arising under these Regulations;
“Commission Regulation” means Commission Regulation ( EC ) No 1788/2001 laying down detailed rules for implementing the provisions concerning the certificate of inspection for imports from third countries under Article 11 of the Council Regulation, as last amended by Commission Regulation (EC) No 1918/2002 ;
“controlled consignment” means any consignment the movement of which is, for the time being, prohibited pursuant to regulation 5(1);
“Council Regulation” means Council Regulation ( EEC ) No 2092/91 on organic production of agricultural products and indications referring thereto on agricultural products and foodstuffs, as last amended by Council Regulation (EC) No 806/2003 ;
“importer” means any person who imports from a third country any products referred to in Article 1 of the Council Regulation with a view to the subsequent marketing of such products;
“local authority” means —
in relation to England —
where there is a Port Health Authority, that authority;
where there is not a Port Health Authority,
as respects each district or London borough, the council of that district or London borough;
as respects the City of London, the Common Council; and
as respects the Isles of Scilly, the Council of the Isles of Scilly;
in relation to Scotland —
where there is a port local authority or joint port local authority, that port local authority or joint port local authority, and
where there is not a port local authority or joint port local authority, as respects each local authority area, the council for that area constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;
in relation to Wales —
where there is a Port Health Authority, that authority, and
where there is not a Port Health Authority, as respects each county or county borough, the council of that county or county borough; and
in relation to Northern Ireland, each district council, and for this purpose, “district council” shall have the meaning given to it in section 44 of the Interpretation Act (Northern Ireland) 1954 ;
“place of import”, in relation to a consignment, means the place at which the consignment first arrives in the United Kingdom.
2
Other expressions used in these Regulations have the same meaning as in the Council Regulation or the Commission Regulation.
Enforcement
3
1
These Regulations and the Commission Regulation shall be executed and enforced by the local authority for the place of import.
2
The Secretary of State may give directions in writing to a local authority concerning the execution and enforcement of these Regulations, and such directions may also be given —
a
in relation to Scotland, by the Scottish Ministers,
b
in relation to Wales, by the National Assembly for Wales, and
c
in relation to Northern Ireland, by the Department of Agriculture and Rural Development.
Advance notification
4
1
A person seeking the release for free circulation in the Community of a consignment shall, during the normal office hours of the local authority at the place of import, give to an authorised officer advance notice in writing of the arrival of the consignment at that place of import.
2
Any such notice shall be given at least six hours in advance in relation to a consignment arriving by air, and at least twenty four hours in advance in relation to a consignment arriving by any other means.
Control on movement
5
1
An authorised officer may prohibit the movement of a consignment from the place of import if he has reason to believe that there has been a failure to comply with any relevant provision contained in the Council Regulation or the Commission Regulation.
2
An officer who exercises the power conferred by paragraph (1) shall, as soon as possible, give to the importer or person who appears to him to be in charge of the consignment, a notice in writing —
a
specifying the consignment in relation to which the power has been exercised;
b
stating that the consignment may not be moved without the written consent of an authorised officer;
c
specifying the relevant provision or provisions of the Council Regulation or the Commission Regulation in respect of which he has reason to believe that there has been a failure to comply; and
d
specifying what steps, if any, might be taken to show that there has been compliance with the relevant provisions.
3
Where —
a
no steps are specified for the purposes of paragraph (2)(d); or
b
there has been a failure to take such steps as are specified,
an authorised officer may order that, under his supervision or the supervision of another authorised officer, the controlled consignment be destroyed or otherwise disposed of.
4
If the person to whom the authorised officer gives the notice does not appear to the officer to be the importer or an agent, contractor or employee of the importer, the officer shall use his best endeavours to bring the contents of the notice to the attention of such a person as soon as possible.
5
An authorised officer may affix to any controlled consignment, or to any container in which the controlled consignment is packed, labels warning of the prohibition on movement imposed pursuant to paragraph (1).
6
An authorised officer who is satisfied that the steps specified in the notice under paragraph (2)(d) have been taken shall remove the prohibition on movement imposed pursuant to paragraph (1).
Consent to movement
6
1
An authorised officer may, at any time, give written consent to the movement of a controlled consignment.
2
An authorised officer shall, upon request, give written consent to the movement of a controlled consignment if he, or another authorised officer, has been given a written undertaking by the importer to the effect that the controlled consignment will —
a
be moved to a place specified by an authorised officer; and
b
not be moved from that place without the written consent of an authorised officer.
3
A consent given by an authorised officer under this regulation shall —
a
specify the controlled consignment to which it relates;
b
specify the place to which the controlled consignment is to be moved; and
c
state that the controlled consignment continues to be controlled.
4
Where such a consent has been given and the consignment has been moved to the place in question, the prohibition on movement under regulation 5(1) shall apply to it at the place in question as it applied at the place of import.
Assistance
7
An importer, or an agent, contractor or employee of the importer, shall provide an authorised officer with such assistance, information and facilities as he may reasonably require for the purposes of carrying out his functions under these Regulations.
Charges
8
1
A local authority shall, subject to paragraphs (2) and (3), charge an importer of a consignment a fee in respect of any expenses reasonably incurred by it —
a
in carrying out its functions under regulation 5 in respect of that consignment; and
b
in carrying out a verification of the consignment.
2
A local authority may waive the whole or part of a fee payable under paragraph (1).
3
In deciding whether to waive the whole or part of such a fee the local authority shall consider the extent to which it would have been reasonable for it not to have taken the action in respect of which any such expenses have been incurred.
4
The fee payable under paragraph (1) shall be specified in an invoice given to the importer by the authority, and any amount not paid in accordance with the invoice shall be payable on demand.
5
In any proceedings for recovery of an amount under this regulation a certificate of the local authority stating the amount recoverable shall be evidence of the amount in question.
Offences and penalties
9
1
A person is guilty of an offence if he —
a
intentionally obstructs an authorised officer carrying out his functions under these Regulations;
b
for the purpose of obtaining the release for free circulation in the Community of a consignment, knowingly or recklessly furnishes information which is false in a material particular;
c
in relation to the requirements for retention of a certificate of inspection, contravenes Article 11.3(a) of the Council Regulation;
d
contravenes Article 4.12, 5 or 6 of the Commission Regulation;
e
contravenes regulation 4 or 7;
f
knowing a consignment to be a controlled consignment —
i
moves it; or
ii
causes it to be moved,
otherwise than in accordance with the written consent of an authorised officer; or
g
knowing a consignment to be a controlled consignment —
i
removes from it; or
ii
causes to be removed from it,
a label which has been affixed under regulation 5(5).
2
A person guilty of an offence under this regulation shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Offences by officers of bodies corporate
10
1
Where an offence under these Regulations, which has been committed by a body corporate, is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of a director, manager, secretary or a similar officer of the body corporate, or any person who was purporting to act in any such capacity (or, in the case of a partnership under Scots law, a partner or person who was purporting to act as such), he as well as the body corporate shall be deemed guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the provisions of paragraph (1) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Protection of authorised officers acting in good faith
11
1
An authorised officer shall not be personally liable in respect of any act done in the execution or purported execution of these Regulations and within the scope of his employment, if, in relation to an act done by him, he did that act in the honest belief that these Regulations required or empowered him to do it.
2
Nothing in paragraph (1) shall be construed as relieving a local authority from any liability in respect of the acts of its authorised officers.
3
Where an action has been brought against an authorised officer in respect of an act done by him in the execution or purported execution of these Regulations and the circumstances are such that he is not legally entitled to require the local authority to indemnify him, the local authority may, nevertheless, indemnify him against the whole or part of any damages and costs, if that authority is satisfied that he honestly believed the act complained of was within the scope of his employment and that his duty under these Regulations required or entitled him to do it.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
5th November 2003


type: legislation

jurisdiction: UK

text:
Citation, Commencement, Interpretation and Extent
1
1
This Order may be cited as the Insolvency Practitioners and Insolvency Services Account (Fees) Order 2003 and shall come into force on 1st April 2004 (“the principal commencement date”) except for Article 2(3) which shall come into force on 30th January 2004.
2
In this Order any reference to a numbered section is to the section so numbered in the Insolvency Act 1986.
3
All the provisions of this Order except Article 5 and the Schedule to this Order extend to England and Wales and Scotland and Article 5 and the Schedule to this Order extend only to England and Wales.
Fees payable in connection with the recognition of professional bodies pursuant to section 391
2
1
Every application by a body for recognition pursuant to section 391 shall be accompanied by a fee of £4,500.
2
On the principal commencement date and on or before 1st April in each subsequent year there shall be paid to the Secretary of State by each body recognised pursuant to section 391 in respect of the maintenance of that body’s recognition pursuant to section 391, a fee calculated by multiplying £100 by the number of persons who as at the preceding 1st January in that year were authorised to act as insolvency practitioners by virtue of membership of that body.
3
Each body recognised pursuant to section 391 shall on or before 31st January in each year submit to the Secretary of State a list of its members who as at 1st January in that year were authorised to act as insolvency practitioners by virtue of membership of that body.
Fees payable in connection with authorisations by the Secretary of State under section 393
3
1
Every person who on the principal commencement date is the holder of an authorisation to act as an insolvency practitioner granted by the Secretary of State pursuant to section 393 shall within 7 days of that date pay to the Secretary of State a fee in respect of the maintenance of that authorisation calculated in accordance with paragraph (2).
2
The fee payable by virtue of paragraph (1) shall be calculated by multiplying £2,000 by the number of days in the period starting with the principal commencement date and ending with the date immediately before the next anniversary of the granting of the authorisation or the date of expiry of the authorisation (whichever occurs first) and dividing the result by 365.
3
Every application made to the Secretary of State pursuant to section 392 for authorisation to act as an insolvency practitioner shall be accompanied by a fee of £2,000.
4
Subject to paragraph (5), every person who holds an authorisation granted by the Secretary of State pursuant to section 393 to act as an insolvency practitioner shall, on each anniversary of the granting of that authorisation when it is in force, pay to the Secretary of State in connection with the maintenance of that authorisation a fee of £2,000.
5
Where on the relevant anniversary the authorisation mentioned in paragraph (4) has less than a year to run, the fee shall be calculated by multiplying £2,000 by the number of days that the authorisation has to run (starting with the day of the anniversary) and dividing the result by 365.
Transitional cases – early applications for authorisation
4
1
This article applies to an application made to the Secretary of State pursuant to section 392 for the granting of an authorisation to act as an insolvency practitioner —
a
where the applicant was as at the date of its making the holder of an authorisation granted pursuant to section 393;
b
where the application was made —
i
after the date of the making of this Order but before the principal commencement date; and
ii
more than three months before the expiry of the authorisation mentioned in sub-paragraph (a); and
c
in respect of which as at the principal commencement date no decision as to whether to grant or refuse it has been taken.
2
In respect of an application to which this article applies, there shall be paid to the Secretary of State by the applicant within 7 days of the principal commencement date a fee of £1,500.
Fees payable in connection with the operation of the Insolvency Services Account
5
There shall be payable in connection with the operation of the Insolvency Services Account fees as provided for in the Schedule to this Order.
Value Added Tax
6
Where Value Added Tax is chargeable in respect of the provision of a service for which a fee is prescribed by any provision of this Order, there shall be payable in addition to that fee the amount of the Value Added Tax.
Nigel Griffiths
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
30th December 2003


text:
Citation and commencement
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes etc.) (Exemptions) (Amendment) Order 2003.
2
This Order comes into force —
a
for the purposes of article 2(3), on 5th September 2003; and
b
for all other purposes, on 13th February 2004.
Restrictions on promotion of collective investment schemes
2
1
The Financial Services and Markets Act 2000 (Promotion of Collective Investment Schemes) (Exemptions) Order 2001 is amended as follows.
2
In article 10A (incoming electronic commerce communications), in paragraph (3), for the words from “Directive 85/611/ EEC ” to “transferable securities”, substitute “the UCITS directive”.
3
After article 28 (persons placing promotional material in particular publications), insert —
Open-ended investment companies authorised in Northern Ireland
29
1
The scheme promotion restriction does not apply in relation to a scheme constituted by an authorised Northern Ireland open-ended investment company.
2
In this article —
a
“authorised Northern Ireland open-ended investment company” means a body incorporated by virtue of regulations made under section 1 of the Open-Ended Investment Companies Act (Northern Ireland) 2002 in respect of which an authorisation order is in force; and
b
“authorisation order” means an order made under (or having effect as made under) any provision of those regulations which is made by virtue of section 1(2)(1) of that Act (provision corresponding to Chapter 3 of Part 17 of the Act).
.
4
After article 29 (open-ended investment companies authorised in Northern Ireland), insert —
EEA management companies
30
The scheme promotion restriction does not apply to any communication which is made by an EEA firm which —
a
falls within paragraph 5(f) of Schedule 3 to the Act (management companies of UCITS) , and
b
qualifies for authorisation by virtue of paragraph 12 of that Schedule,
unless the Authority has given (and not withdrawn) a notice to that firm under paragraph 15A(2) of that Schedule (notice indicating that the way in which the firm intends to invite persons in the United Kingdom to become participants in any collective investment scheme which that firm manages does not comply with the law in force in the United Kingdom).
.
Amendment of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001
3
In article 20B of the Financial Services and Markets Act 2000 (Financial Promotion) Order 2001 (incoming electronic commerce communications), in paragraph (3), for the words from “Directive 85/611/EEC ” to “transferable securities”, substitute “the UCITS directive”.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th August 2003


text:
PART 1
General
Citation and commencement
1
1
These Regulations may be cited as the Financial Collateral Arrangements ( No. 2) Regulations 2003.
2
Regulation 2 shall come into force on 11th December 2003 and all other Regulations thereof shall come into force on 26th December 2003.
Revocation
2
The Financial Collateral Arrangements Regulations 2003 are hereby revoked.
Interpretation
3
In these Regulations —
“book entry securities collateral” means financial collateral subject to a financial collateral arrangement which consists of financial instruments, title to which is evidenced by entries in a register or account maintained by or on behalf of an intermediary;
“cash” means money in any currency, credited to an account, or a similar claim for repayment of money and includes money market deposits and sums due or payable to, or received between the parties in connection with the operation of a financial collateral arrangement or a close-out netting provision;
“close-out netting provision” means a term of a financial collateral arrangement, or of an arrangement of which a financial collateral arrangement forms part, or any legislative provision under which on the occurrence of an enforcement event, whether through the operation of netting or set-off or otherwise —
the obligations of the parties are accelerated to become immediately due and expressed as an obligation to pay an amount representing the original obligation’s estimated current value or replacement cost, or are terminated and replaced by an obligation to pay such an amount; or
an account is taken of what is due from each party to the other in respect of such obligations and a net sum equal to the balance of the account is payable by the party from whom the larger amount is due to the other party;
“enforcement event” means an event of default, or any similar event as agreed between the parties, on the occurrence of which, under the terms of a financial collateral arrangement or by operation of law, the collateral-taker is entitled to realise or appropriate financial collateral or a close-out netting provision comes into effect;
“equivalent financial collateral” means —
in relation to cash, a payment of the same amount and in the same currency;
in relation to financial instruments, financial instruments of the same issuer or debtor, forming part of the same issue or class and of the same nominal amount, currency and description or, where the financial collateral arrangement provides for the transfer of other assets following the occurrence of any event relating to or affecting any financial instruments provided as financial collateral, those other assets;
and includes the original financial collateral provided under the arrangement;
“financial collateral arrangement” means a title transfer financial collateral arrangement or a security financial collateral arrangement, whether or not these are covered by a master agreement or general terms and conditions;
“financial collateral” means either cash or financial instruments;
“financial instruments” means —
shares in companies and other securities equivalent to shares in companies;
bonds and other forms of instruments giving rise to or acknowledging indebtedness if these are tradeable on the capital market; and
any other securities which are normally dealt in and which give the right to acquire any such shares, bonds, instruments or other securities by subscription, purchase or exchange or which give rise to a cash settlement (excluding instruments of payment);
and includes units of a collective investment scheme within the meaning of the Financial Services and Markets Act 2000 , eligible debt securities within the meaning of the Uncertificated Securities Regulations 2001 , money market instruments, claims relating to or rights in or in respect of any of the financial instruments included in this definition and any rights, privileges or benefits attached to or arising from any such financial instruments;
“intermediary” means a person that maintains registers or accounts to which financial instruments may be credited or debited, for others or both for others and for its own account but does not include —
a person who acts as a registrar or transfer agent for the issuer of financial instruments; or
a person who maintains registers or accounts in the capacity of operator of a system for the holding and transfer of financial instruments on records of the issuer or other records which constitute the primary record of entitlement to financial instruments as against the issuer;
“non-natural person” means any corporate body, unincorporated firm, partnership or body with legal personality except an individual, including any such entity constituted under the law of a country or territory outside the United Kingdom or any such entity constituted under international law;
“relevant account” means, in relation to book entry securities collateral which is subject to a financial collateral arrangement, the register or account, which may be maintained by the collateral-taker, in which entries are made, by which that book entry securities collateral is transferred or designated so as to be in the possession or under the control of the collateral-taker or a person acting on its behalf;
“relevant financial obligations” means the obligations which are secured or otherwise covered by a financial collateral arrangement, and such obligations may consist of or include —
present or future, actual or contingent or prospective obligations (including such obligations arising under a master agreement or similar arrangement);
obligations owed to the collateral-taker by a person other than the collateral-provider;
obligations of a specified class or kind arising from time to time;
“reorganisation measures” means —
administration within the meaning of the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 ;
a company voluntary arrangement within the meaning of that Act or that Order ;
administration of a partnership within the meaning of that Act or that Order or, in the case of a Scottish partnership, the Bankruptcy (Scotland) Act 1985 ;
a partnership voluntary arrangement within the meaning of the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 or, in the case of a Scottish partnership, the Bankruptcy (Scotland) Act 1985; and
the making of an interim order on an administration application;
“security financial collateral arrangement” means an agreement or arrangement, evidenced in writing, where —
the purpose of the agreement or arrangement is to secure the relevant financial obligations owed to the collateral-taker;
the collateral-provider creates or there arises a security interest in financial collateral to secure those obligations;
the financial collateral is delivered, transferred, held, registered or otherwise designated so as to be in the possession or under the control of the collateral-taker or a person acting on its behalf; any right of the collateral-provider to substitute equivalent financial collateral or withdraw excess financial collateral shall not prevent the financial collateral being in the possession or under the control of the collateral-taker; and
the collateral-provider and the collateral-taker are both non-natural persons;
“security interest” means any legal or equitable interest or any right in security, other than a title transfer financial collateral arrangement, created or otherwise arising by way of security including —
a pledge;
a mortgage;
a fixed charge;
a charge created as a floating charge where the financial collateral charged is delivered, transferred, held, registered or otherwise designated so as to be in the possession or under the control of the collateral-taker or a person acting on its behalf; any right of the collateral-provider to substitute equivalent financial collateral or withdraw excess financial collateral shall not prevent the financial collateral being in the possession or under the control of the collateral-taker; or
a lien;
“title transfer financial collateral arrangement” means an agreement or arrangement, including a repurchase agreement, evidenced in writing, where —
the purpose of the agreement or arrangement is to secure or otherwise cover the relevant financial obligations owed to the collateral-taker;
the collateral-provider transfers legal and beneficial ownership in financial collateral to a collateral-taker on terms that when the relevant financial obligations are discharged the collateral-taker must transfer legal and beneficial ownership of equivalent financial collateral to the collateral-provider; and
the collateral-provider and the collateral-taker are both non-natural persons;
“winding-up proceedings” means —
winding up by the court; or
voluntary winding up;
within the meaning of the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 or, in the case of Scottish partnerships, the Bankruptcy (Scotland) Act 1985.
PART 2
Modification of law requiring formalities
Certain legislation requiring formalities not to apply to financial collateral arrangements
4
1
Section 4 of the Statute of Frauds 1677 (no action on a third party’s promise unless in writing and signed) shall not apply (if it would otherwise do so) in relation to a financial collateral arrangement.
2
Section 53(1)(c) of the Law of Property Act 1925 (disposition of equitable interest to be in writing and signed) shall not apply (if it would otherwise do so) in relation to a financial collateral arrangement.
3
Section 136 of the Law of Property Act 1925 (legal assignments of things in action) shall not apply (if it would otherwise do so) in relation to a financial collateral arrangement, to the extent that the section requires an assignment to be signed by the assignor or a person authorised on its behalf, in order to be effectual in law.
4
Section 395 of the Companies Act 1985 (certain charges void if not registered) shall not apply (if it would otherwise do so) in relation to a security financial collateral arrangement or any charge created or otherwise arising under a security financial collateral arrangement
5
Section 4 of the Industrial and Provident Societies Act 1967 (filing of information relating to charges) shall not apply (if it would otherwise do so) in relation to a security financial collateral arrangement or any charge created or otherwise arising under a security financial collateral arrangement.
Certain legislation affecting Scottish companies not to apply to financial collateral arrangements
5
Section 410 of the Companies Act 1985 (certain charges void if not registered (Scotland)) shall not apply (if it would otherwise do so) in relation to a security financial collateral arrangement or any charge created or otherwise arising under a security financial collateral arrangement.
No additional formalities required for creation of a right in security over book entry securities collateral in Scotland
6
1
Where under the law of Scotland an act is required as a condition for transferring, creating or enforcing a right in security over any book entry securities collateral, that requirement shall not apply (if it would otherwise do so).
2
For the purposes of paragraph (1) an “act” —
a
is any act other than an entry on a register or account maintained by or on behalf of an intermediary which evidences title to the book entry securities collateral;
b
includes the entering of the collateral-taker’s name in a company’s register of members.
Certain legislation affecting Northern Ireland companies and requiring formalities not to apply to financial collateral arrangements
7
Article 402 of the Companies (Northern Ireland) Order 1986 (certain charges void if not registered) shall not apply (if it would otherwise do so) in relation to a security financial collateral arrangement or any charge created or otherwise arising under a security financial collateral arrangement.
PART 3
Modification of insolvency law
Certain legislation restricting enforcement of security not to apply to financial collateral arrangements
8
1
The following provisions of Schedule B1 to the Insolvency Act 1986 (administration) shall not apply to any security interest created or otherwise arising under a financial collateral arrangement —
a
paragraph 43(2) (restriction on enforcement of security or repossession of goods) including that provision as applied by paragraph 44 (interim moratorium); and
b
paragraphs 70 and 71 (power of administrator to deal with charged property).
2
Paragraph 41(2) of Schedule B1 to the Insolvency Act 1986 (receiver to vacate office when so required by administrator) shall not apply to a receiver appointed under a charge created or otherwise arising under a financial collateral arrangement.
3
The following provisions of the Insolvency Act 1986 (administration) shall not apply in relation to any security interest created or otherwise arising under a financial collateral arrangement —
a
sections 10(1)(b) and 11(3)(c) (restriction on enforcement of security while petition for administration order pending or order in force); and
b
section 15(1) and 15(2) (power of administrator to deal with charged property).
4
Section 11(2) of the Insolvency Act 1986 (receiver to vacate office when so required by administrator) shall not apply to a receiver appointed under a charge created or otherwise arising under a financial collateral arrangement.
5
Paragraph 20 and sub-paragraph 12(1)(g) of Schedule A1 to the Insolvency Act 1986 (Effect of moratorium on creditors) shall not apply (if it would otherwise do so) to any security interest created or otherwise arising under a financial collateral arrangement.
Certain Northern Ireland legislation restricting enforcement of security not to apply to financial collateral arrangements
9
1
The following provisions of the Insolvency (Northern Ireland) Order 1989 (administration) shall not apply to any security interest created or otherwise arising under a financial collateral arrangement —
a
Article 23(1)(b) and Article 24(3)(c) (restriction on enforcement of security while petition for administration order pending or order in force); and
b
Article 28(1) and (2) (power of administrator to deal with charged property).
2
Article 24(2) of that Order (receiver to vacate office at request of administrator) shall not apply to a receiver appointed under a charge created or otherwise arising under a financial collateral arrangement.
Certain insolvency legislation on avoidance of contracts and floating charges not to apply to financial collateral arrangements
10
1
In relation to winding-up proceedings of a collateral-taker or collateral-provider, section 127 of the Insolvency Act 1986 (avoidance of property dispositions, etc ) shall not apply (if it would otherwise do so) —
a
to any property or security interest subject to a disposition or created or otherwise arising under a financial collateral arrangement; or
b
to prevent a close-out netting provision taking effect in accordance with its terms.
2
Section 88 of the Insolvency Act 1986 (avoidance of share transfers, etc after winding-up resolution) shall not apply (if it would otherwise do so) to any transfer of shares under a financial collateral arrangement.
3
Section 176A of the Insolvency Act 1986 (share of assets for unsecured creditors) shall not apply (if it would otherwise do so) to any charge created or otherwise arising under a financial collateral arrangement.
4
Section 178 of the Insolvency Act 1986 (power to disclaim onerous property) or, in Scotland, any rule of law having the same effect as that section, shall not apply where the collateral-provider or collateral-taker under the arrangement is being wound up, to any financial collateral arrangement.
5
Section 245 of the Insolvency Act 1986 (avoidance of certain floating charges) shall not apply (if it would otherwise do so) to any charge created or otherwise arising under a security financial collateral arrangement.
6
Section 196 of the Companies Act 1985 (payment of debts out of assets subject to a floating charge (England and Wales) shall not apply (if it would otherwise do so) to any charge created or otherwise arising under a financial collateral arrangement.
Certain Northern Ireland insolvency legislation on avoidance of contracts and floating charges not to apply to financial collateral arrangements
11
1
In relation to winding-up proceedings of a collateral-provider or collateral-taker, Article 107 of the Insolvency (Northern Ireland) Order 1989 (avoidance of property dispositions effected after commencement of winding up) shall not apply (if it would otherwise do so) —
a
to any property or security interest subject to a disposition or created or otherwise arising under a financial collateral arrangement; or
b
to prevent a close-out netting provision taking effect in accordance with its terms.
2
Article 74 of that Order (avoidance of share transfers, etc after winding-up resolution) shall not apply (if it would otherwise do so) to any transfer of shares under a financial collateral arrangement.
3
Article 152 of that Order (power to disclaim onerous property) shall not apply where the collateral-provider or collateral-taker under the arrangement is being wound-up, to any financial collateral arrangement.
4
Article 207 of that Order (avoidance of certain floating charges) shall not apply (if it would otherwise do so) to any charge created or otherwise arising under a security financial collateral arrangement.
5
Article 205 of the Companies (Northern Ireland) Order 1986 (payment of debts out of assets subject to a floating charge) shall not apply (if it would otherwise do so) to any charge created or otherwise arising under a financial collateral arrangement.
Close-out netting provisions to take effect in accordance with their terms
12
1
A close-out netting provision shall, subject to paragraph (2), take effect in accordance with its terms notwithstanding that the collateral-provider or collateral-taker under the arrangement is subject to winding-up proceedings or reorganisation measures.
2
Paragraph (1) shall not apply if at the time that a party to a financial collateral arrangement entered into such an arrangement or that the relevant financial obligations came into existence —
a
that party was aware or should have been aware that winding up proceedings or re-organisation measures had commenced in relation to the other party;
b
that party had notice that a meeting of creditors of the other party had been summoned under section 98 of the Insolvency Act 1986, or Article 84 of the Companies (Northern Ireland) Order 1989 or that a petition for the winding-up of the other party was pending;
c
that party had notice that an application for an administration order was pending or that any person had given notice of an intention to appoint an administrator; or
d
that party had notice that an application for an administration order was pending or that any person had given notice of an intention to appoint an administrator and liquidation of the other party to the financial collateral arrangement was immediately preceded by an administration of that party.
3
For the purposes of paragraph (2) —
a
winding-up proceedings commence on the making of a winding-up order by the court; and
b
reorganisation measures commence on the appointment of an administrator, whether by a court or otherwise.
4
Rules 2.85 (4)(a) and (c) and 4.90 (3)(b) of the Insolvency Rules 1986 (mutual credit and set-off) shall not apply to a close-out netting provision unless sub-paragraph (2)(a) applies.
Financial collateral arrangements to be enforceable where collateral-taker not aware of commencement of winding-up proceedings or reorganisation measures
13
1
Where any of the events specified in paragraph (2) occur on the day of, but after the moment of commencement of, winding-up proceedings or reorganisation measures those events, arrangements and obligations shall be legally enforceable and binding on third parties if the collateral-taker can show that he was not aware, nor should have been aware, of the commencement of such proceedings or measures.
2
The events referred to in paragraph (1) are —
a
a financial collateral arrangement coming into existence;
b
a relevant financial obligation secured by a financial collateral arrangement coming into existence; or
c
the delivery, transfer, holding, registering or other designation of financial collateral so as to be in the possession or under the control of the collateral-taker.
3
For the purposes of paragraph (1) —
a
the commencement of winding-up proceedings means the making of a winding-up order by the court; and
b
commencement of reorganisation measures means the appointment of an administrator, whether by a court or otherwise.
Modification of the Insolvency Rules 1986 and the Insolvency Rules (Northern Ireland) 1991
14
Where the collateral-provider or the collateral-taker under a financial collateral arrangement goes into liquidation or administration and the arrangement or a close out netting provision provides for, or the mechanism provided under the arrangement permits, either —
a
the debt owed by the party in liquidation or administration under the arrangement, to be assessed or paid in a currency other than sterling; or
b
the debt to be converted into sterling at a rate other than the official exchange rate prevailing on the date when that party went into liquidation or administration;
then rule 4.91 (liquidation), or rule 2.86 (administration) of the Insolvency Rules 1986 (debt in foreign currency), or rule 4.097 of the Insolvency Rules (Northern Ireland) 1991 (liquidation, debt in foreign currency), as appropriate, shall not apply unless the arrangement provides for an unreasonable exchange rate or the collateral-taker uses the mechanism provided under the arrangement to impose an unreasonable exchange rate in which case the appropriate rule shall apply.
Modification of the Insolvency (Scotland) Rules 1986
15
Where the collateral-provider or the collateral-taker under a financial collateral arrangement goes into liquidation or, in the case of a partnership, sequestration and the arrangement provides for, or the mechanism provided under the arrangement permits, either —
a
the debt owed by the party in liquidation or sequestration under the arrangement, to be assessed or paid in a currency other than sterling; or
b
the debt to be converted into sterling at a rate other than the official exchange rate prevailing on the date when that party went into liquidation or sequestration;
then rules 4.16 and 4.17 of the Insolvency (Scotland) Rules 1986 and section 49(3) of the Bankruptcy (Scotland) Act 1985 as applied by rule 4.16 (1)(c) of those rules (claims in foreign currency), as appropriate, shall not apply unless the arrangement provides for an unreasonable exchange rate or the collateral-taker uses the mechanism provided under the arrangement to impose an unreasonable exchange rate in which case the appropriate rule shall apply.
PART 4
Right of use and appropriation
Right of use under a security financial collateral arrangement
16
1
If a security financial collateral arrangement provides for the collateral-taker to use and dispose of any financial collateral provided under the arrangement, as if it were the owner of it, the collateral-taker may do so in accordance with the terms of the arrangement.
2
If a collateral-taker exercises such a right of use, it is obliged to replace the original financial collateral by transferring equivalent financial collateral on or before the due date for the performance of the relevant financial obligations covered by the arrangement or, if the arrangement so provides, it may set off the value of the equivalent financial collateral against or apply it in discharge of the relevant financial obligations in accordance with the terms of the arrangement.
3
The equivalent financial collateral which is transferred in discharge of an obligation as described in paragraph (2), shall be subject to the same terms of the security financial collateral arrangement as the original financial collateral was subject to and shall be treated as having been provided under the security financial collateral arrangement at the same time as the original financial collateral was first provided.
4
If a collateral-taker has an outstanding obligation to replace the original financial collateral with equivalent financial collateral when an enforcement event occurs, that obligation may be the subject of a close-out netting provision.
No requirement to apply to court to appropriate financial collateral under a security financial collateral arrangement
17
Where a legal or equitable mortgage is the security interest created or arising under a security financial collateral arrangement on terms that include a power for the collateral-taker to appropriate the collateral, the collateral-taker may exercise that power in accordance with the terms of the security financial collateral arrangement, without any order for foreclosure from the courts.
Duty to value collateral and account for any difference in value on appropriation
18
1
Where a collateral-taker exercises a power contained in a security financial collateral arrangement to appropriate the financial collateral the collateral-taker must value the financial collateral in accordance with the terms of the arrangement and in any event in a commercially reasonable manner.
2
Where a collateral-taker exercises such a power and the value of the financial collateral appropriated differs from the amount of the relevant financial obligations, then as the case may be, either —
a
the collateral-taker must account to the collateral-provider for the amount by which the value of the financial collateral exceeds the relevant financial obligations; or
b
the collateral-provider will remain liable to the collateral-taker for any amount whereby the value of the financial collateral is less than the relevant financial obligations.
PART 5
Conflict of laws
Standard test regarding the applicable law to book entry securities financial collateral arrangements
19
1
This regulation applies to financial collateral arrangements where book entry securities collateral is used as collateral under the arrangement and are held through one or more intermediaries.
2
Any question relating to the matters specified in paragraph (4) of this regulation which arises in relation to book entry securities collateral which is provided under a financial collateral arrangement shall be governed by the domestic law of the country in which the relevant account is maintained.
3
For the purposes of paragraph (2) “domestic law” excludes any rule under which, in deciding the relevant question, reference should be made to the law of another country.
4
The matters referred to in paragraph (2) are —
a
the legal nature and proprietary effects of book entry securities collateral;
b
the requirements for perfecting a financial collateral arrangement relating to book entry securities collateral and the transfer or passing of control or possession of book entry securities collateral under such an arrangement;
c
the requirements for rendering a financial collateral arrangement which relates to book entry securities collateral effective against third parties;
d
whether a person’s title to or interest in such book entry securities collateral is overridden by or subordinated to a competing title or interest; and
e
the steps required for the realisation of book entry securities collateral following the occurrence of any enforcement event.
Jim Murphy
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
10th December 2003


text:
Title, commencement, extent and application
1
1
This Order may be cited as the Sea Fishing (Restriction on Days at Sea) (No. 2) Order 2003 and shall come into force on 7th July 2003.
2
Subject to paragraph (3), this Order shall not form part of the law of Scotland or Northern Ireland.
3
Nothing in paragraph (2) shall be treated as prejudicing in the rest of the United Kingdom the effect of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision which creates an offence.
4
This Order does not apply to any fishing boat which is less than 10 metres in overall length within the meaning of paragraph 1 of Annex XVII.
Interpretation
2
1
In this Order —
“Annex XVII ” means Annex XVII to Council Regulation ( EC ) No. 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for certain fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where catch limitations are required as amended by Council Regulation (EC) No. 671/2003 ;
“British fishing boat” means a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“the Commission Decision” means Commission Decision 2003/185/EC on the allocation of additional days absent from port to Member States in accordance with Annex XVII of Council Regulation (EC) No. 2341/2002 ;
“equivalent provision” means any provision in any other order made for the purposes of implementing Annex XVII, extending to any part of the United Kingdom which has equivalent effect to a specified provision in this Order, proceedings in respect of which may be taken in England and Wales by virtue of section 30(2A) of the Fisheries Act 1981;
“fishing boat” includes any vessel to which Annex XVII applies;
“foreign fishing boat” means a fishing boat which is not a British fishing boat but to which Annex XVII applies;
“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the vessel is to be treated as belonging;
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 ;
“Regulation 2807/83” means Commission Regulation ( EEC ) No. 2807/83 laying down detailed rules for recording information on Member States' catches of fish as last amended by Commission Regulation (EC) No. 1965/2001 of 8th October 2001 ;
“Regulation 2847/93” means Council Regulation (EEC) No. 2847/93 establishing a control system applicable to the Common Fisheries Policy as last amended by Council Regulation (EC) No. 2846/98 ;
“relevant British fishing boat” means a British fishing boat which is neither a Scottish fishing boat nor a Northern Ireland fishing boat;
“Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the vessel is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 ;
“unused days” at any time within a period identified in article 3(2), means the number of days in that period calculated in accordance with article 3, in which a fishing boat is permitted to be absent from port in any of the areas specified in paragraph 2 of Annex XVII while carrying any type of gear specified in paragraph 4 of Annex XVII, minus the number of days in that period in which it has been so absent while carrying that type of gear.
2
In this Order —
a
the term “within relevant British fishery limits” does not include the Scottish zone or the Northern Ireland zone;
b
“logbook” means the same as in Article 6 of Regulation 2847/93 as amplified by Regulation 2807/83, and, for the purposes of any provision of this Order other than article 11, any reference to a document or logbook includes any —
i
map, plan, graph or drawing;
ii
photograph;
iii
data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93;
iv
disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced; and
v
film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced; and
c
a day absent from port shall be calculated in accordance with paragraph 3(b) of Annex XVII.
3
Any information provided to any authority for the purposes of any provision of this Order shall be treated as also provided for the purposes of any equivalent provision.
Absences from port etc.
3
1
Subject to article 4, a person in charge of a relevant British fishing boat which, before the end of the period specified in paragraph 1 (duration of controls) of Annex XVII, either —
a
contravenes —
i
the relevant prohibition in paragraph 6(a) (absences from port), or
ii
paragraph 7 (single type of gear), 8 (use of gear in different areas) or 9 (use of gears in given periods),
of Annex XVII, or
b
is absent from port in excess of the number of days permitted to it by the following provisions of this article,
is guilty of an offence.
2
In this Order, the person in charge of a relevant British fishing boat is its owner, master or charterer (if any), and the number of days permitted to such a boat for any period identified below is the basic number, that is to say —
a
for December 2003, whichever is the greater of —
i
the number indicated in the remainder of paragraph 6(a) of Annex XVII; and
ii
any other number of days granted in writing to the boat for December 2003 by the Secretary of State in accordance with paragraph 6(e) of Annex XVII,
as read with paragraph 5(b), 5(c), 9 and 13 of Annex XVII, which is applicable to the boat in accordance with any fishing gear it carries while absent from port, and
b
in application of paragraph 11(a) (aggregation of periods) of Annex XVII, for the period beginning when this Order comes into force and ending on 31st July 2003, and each successive period of two months, the former of which starts on 1st August 2003 and the latter of which ends on 30th November 2003, whichever is the greater of —
i
double the number indicated in the remainder of paragraph 6(a) of Annex XVII; and
ii
any other number of days granted in writing to the boat for the period in question by the Secretary of State in accordance with paragraph 6(e) of Annex XVII,
as read with paragraph 5(b), 5(c), 9 and 13 of Annex XVII, which is applicable to the boat in accordance with any fishing gear it carries while absent from port,
cumulatively adjusted in accordance with the following provisions of this article.
3
In relation to any relevant British fishing boat and in respect of any type of fishing gear it may carry, there is —
a
added to the basic number for any period, the maximum number of additional days (if any) that the United Kingdom may allocate in accordance with the Commission Decision, and
b
subtracted from the basic number for the period which begins when this Order comes into force and ends on 31st July 2003, such number of days (if any) as it has been absent from port carrying that gear in the period starting on 1st June 2003 and ending immediately before the coming into force of this Order.
4
Where a number of days is transferred from one period to the next in accordance with article 5, that number is —
a
deducted from the basic number for the initial period, and
b
added to the basic number for the next period.
5
Where a number of days is transferred in the same period from a donor to a recipient in accordance with article 6, that number is —
a
deducted from the basic number for the donor for that period, and
b
added to the basic number for the recipient for that period.
6
Where during any period fishing gear is affixed to two or more fishing boats there shall be deducted from the basic number for each such boat that is a relevant British fishing boat in relation to that gear and that period a number of days equal to the number when it was absent from port but the gear was being carried by any other such boat.
7
Where during any period a relevant British fishing boat has purported to transfer days relating to fishing gear in accordance with article 6 in excess of its unused days, there shall be deducted from its basic number relating to that gear for the next period a number equal to the number of days in that excess.
8
Where during any period a relevant British fishing boat has been absent from port carrying fishing gear in excess of the days permitted to it by this article, there shall be deducted from its basic number relating to that gear for the next period a number equal to the number of days in that excess unless, in consequence of the operation of article 4, the absence in question would not be an offence.
9
In any proceedings for an offence under paragraph 3(1)(b) of this article, it shall be a defence for a person to show that the number of days of absence from port carrying any type of fishing gear comprising the offence was no greater than the number of days of absence carrying that gear purportedly but not validly transferred to him under article 6 and —
a
he did not know, and
b
it was reasonable for him not to suspect,
that the donor was not entitled to transfer them.
10
In this article, the relevant prohibition in paragraph 6(a) of Annex XVII is the prohibition on absence from port carrying the gear defined in paragraph 4(b) of Annex XVII in the area defined in paragraph 2(a) of Annex XVII, and the remainder of paragraph 6(a) of Annex XVII is paragraph 6(a) save as covered by the relevant prohibition.
Exception in relation to absences from ports etc.
4
1
A person shall not be guilty of an offence under article 3(1) in respect of an activity relating to a boat in a period specified in article 3(2)(b) if —
a
the identification of the activity as an offence depends on the application of paragraph 9 of Annex XVII to the period,
b
the boat has not been the subject of any adjustment in respect of the period under article 3(4) or (5), and
c
the activity would not have comprised an offence if, instead of paragraph 11(a) of the Annex being applied to the period —
i
the period had been divided into two separate month periods, and
ii
the number applied to December 2003 by article 3(2)(a) had applied to each such period.
Transfer of days from one period to another
5
1
Transfer of unused days by any relevant British fishing boat from one period to the next for the purposes of paragraph 10(a) of Annex XVII is permitted and shall have effect, to the extent specified in paragraph (2).
2
The number of days transferred in relation to the boat for any type of fishing gear from one period to the next is the maximum number of unused days which may be permitted to be so transferred for that gear under paragraph 10(a) of Annex XVII, rounded down to the nearest whole number.
Transfer of days from one boat to another
6
1
Transfer of unused days within the same period from one British fishing boat (“the donor”) to another (“the recipient”) for the purposes of paragraph 10(b)(i) and 10(b)(ii) of Annex XVII, where either the donor or the recipient is, or each is, a relevant British fishing boat, is permitted, subject to paragraphs (3) and (4) of this article, to the extent specified in a notification of transfer sent under paragraph (2) of this article or under any equivalent provision.
2
Where the donor is a relevant British fishing boat, a written notification of transfer must be signed by the donor’s owner (or, as the case may be, each part owner), sent to the Department for Environment, Food and Rural Affairs before the end of the period in question, and contain all of the following particulars:
a
name and PLN and RSS numbers of the donor;
b
period to which the transfer relates;
c
name and PLN and RSS numbers of each recipient;
d
number of days transferred to each recipient and the number of such days which may be transferred for use with the gear specified in paragraph 4(a) of Annex XVII;
e
a declaration to the effect that the donor is entitled to make the transfer and to transfer the number of days referred to in sub-paragraph (d); and
f
the date of signature.
3
A transfer is not permitted if —
a
within the same period, the donor has already purported to transfer any number of days to a recipient;
b
the donor has been withdrawn or is required to be withdrawn from operation within the sea fish industry of the European Community in consequence of measures taken pursuant to Article 7(3) of Council Regulation (EC) No. 2792/1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector as last amended by Council Regulation (EC) No. 2369/2002 (or pursuant to that Article of that Regulation in its original or a previously amended form); or
c
the donor has not, within the same period, fished with the type of fishing gear to which the purported transfer relates in any of the areas defined in paragraph 2 of Annex XVII under authority of, and in accordance with, a licence issued under section 4 of the Sea Fish (Conservation) Act 1967 .
4
The number of days transferred for any type of fishing gear in a specified period is whichever is the smaller of:
a
the number of days specified for that transfer in relation to that type of fishing gear in the notification; and
b
the maximum number of unused days which may be permitted to be so transferred for that gear under paragraph 10(b), 10(c) and 12 of Annex XVII as read with the provisions of this Order.
5
A person who makes a false statement in a notification under paragraph (2) of this article is guilty of an offence.
6
Paragraph (3)(c) of this article shall not prevent a transfer if the Secretary of State certifies that —
a
the donor has been unable to fish during the period in question because it has sunk or suffered severe damage; and
b
the donor’s owner intends and expects to fish with the donor or its direct replacement before the end of 2003.
7
The Secretary of State shall provide the certification referred to in paragraph (6) where the donor’s owner has provided her with sufficient evidence to enable her to verify the facts in the certification.
8
For the purpose of this article —
a
“name”, in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, means its registered name as referred to in regulation 30 of the Merchant Shipping (Registration of Ships) Regulations 1993 ; and
b
the requirement for a notification to contain PLN and RSS numbers applies only in relation to a fishing boat which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995, and those numbers are respectively its port number and its official number within the meaning of regulation 31 of the Merchant Shipping (Registration of Ships) Regulations 1993.
Amendment of the Sea Fishing (Enforcement of Community Control Measures) Order 2000 pursuant to paragraph 14 of Annex XVII
7
Insofar as it extends to England and Wales, the Sea Fishing (Enforcement of Community Control Measures) Order 2000 is amended by the insertion, at the end of the definition of “Annex XVII” in article 2(1), of the words, “as amended by Council Regulation (EC) No. 671/2003 ”.
Landing of cod
8
1
The competent authority for the purposes of paragraph 15 of Annex XVII (advance notice of landing of cod in excess of 1 tonne) is the authority responsible for the control of sea fisheries in the country in which the landing is to take place.
2
For landings in the United Kingdom the ports, and where applicable the landing locations within them, designated for the purposes of paragraph 16 of Annex XVII (landing of cod in excess of 2 tonnes) are listed in the Schedule.
3
Where there is, in respect of —
a
a relevant British fishing boat, or
b
a Scottish fishing boat, a Northern Ireland fishing boat or a foreign fishing boat landing in England and Wales,
a failure to comply with, or with a requirement given under, paragraph 15 of Annex XVII, the master, his representative, the owner and the charterer (if any) are guilty of an offence.
4
A person in charge of —
a
a relevant British fishing boat which lands cod, or
b
a foreign fishing boat which lands cod in England and Wales,
pursuant to a contravention of paragraph 16 of Annex XVII, as read (so far as concerns landing in the United Kingdom) with paragraph (2) of this article, is guilty of an offence.
Mixing of species
9
A person in charge of —
a
a relevant British fishing boat, or
b
a Scottish fishing boat, a Northern Ireland fishing boat or a foreign fishing boat within relevant British fishery limits,
which retains species in contravention of paragraph 19 of Annex XVII (retention on board of cod and other species in same containers), is guilty of an offence.
Transportation of cod
10
Where any quantities of cod are transported in contravention of paragraph 22 of Annex XVII (transportation of cod to be accompanied by a landing declaration), the owner and hirer of, and the person responsible for, the vehicle used to transport the cod is guilty of an offence.
Maintenance of logbooks
11
1
An entry shall be made in the logbook of any relevant British fishing boat which is absent from port carrying any of the gear specified in paragraph 4 of Annex XVII but not fishing as specified in Article 6 of Regulation 2847/93, in respect of each particular which would be required to be entered by that Article (as amplified by Regulation 2807/83) were the boat so fishing, and such an entry shall state the type of fishing gear carried.
2
Such an entry shall be made —
a
daily, by not later than midnight at the end of each day;
b
at the time of arrival in port; and
c
at the time of any inspection at sea;
and the requirements of those Regulations for handing over and dispatch of logbook entries shall apply to the entries required by this article as they apply to other entries.
3
Where a relevant British fishing boat is absent from port and paragraph (1) requires a logbook entry to be made in respect of that absence, such logbook entries shall be handed over and dispatched as if a landing were made at the time of the boat’s arrival in port.
4
Where there is, in respect of a relevant British fishing boat, a failure to make an entry required by this article, or to comply with requirements for handing over and dispatch referred to in this article, the person in charge of that fishing boat is guilty of an offence.
Penalties
12
1
A person guilty in England and Wales of an offence under article 3(1), 6(5), 8, 9, 10 or 11 of this Order, or under any equivalent provision shall be liable —
a
on summary conviction to a fine not exceeding £50,000;
b
on conviction on indictment to a fine.
2
The court by or before which a person is convicted of an offence under article 3(1), 8 or 9 of this Order or under any equivalent provision may order the forfeiture of:
a
any fish in respect of which the offence was committed; and
b
any fishing gear used in the course of, or in activities leading to, the commission of the offence.
3
Any person found guilty of an offence under article 3(1), 8 or 9 of this Order or under any equivalent provision shall be liable on summary conviction to a fine not exceeding the value of the fish in respect of which the offence was committed.
4
A person shall not be liable to a fine under paragraph (3) in respect of such an offence if, under paragraph (2), the court orders the forfeiture of the fish in respect of which that offence was committed; and where a fine is imposed under paragraph (3) in respect of any offence, the court shall not have power under paragraph (2) to order the forfeiture of the fish in respect of which the offence was committed.
5
Subject to paragraph (4), any fine to which a person is liable under paragraph (3) shall be in addition to any other penalty (whether pecuniary or otherwise) to which he is liable in respect of that offence under this article.
Recovery of fines
13
1
Where a fine is imposed by a magistrates' court in England and Wales on the master, owner or charterer, of a fishing boat who is convicted by the court of an offence under this Order or any equivalent provision, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its fishing gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order such boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England and Wales as they apply to a warrant of distress issued under Part III of that Act.
3
Where, in relation to a fine in respect of an offence under this Order or any equivalent provision, an order under legislation extending to Scotland or Northern Ireland, reciprocally replicating the effect of an order under section 90 of the Magistrates' Courts Act 1980 (transfer of fines to Scotland and Northern Ireland) specifies a petty sessions area in England and Wales, the preceding provisions of this article shall apply as if the fine were imposed by a court within that petty sessions area.
Powers of British sea-fishery officers in relation to fishing boats
14
1
For the purpose of enforcing articles 3 to 9 and 11 of this Order or any equivalent provisions, or to facilitate the cross-checking provided for in paragraph 20 of Annex XVII, any British sea-fishery officer may exercise the powers conferred by this article in relation to —
a
any relevant British fishing boat wherever it may be; or
b
any other fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) of this article and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board which is in his custody or possession;
c
for the purpose of ascertaining whether an offence under this Order or any equivalent provisions has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board;
e
without prejudice to sub-paragraphs (c) and (d), may require the master and any person for the time being in charge of the boat to render all such documents on a computer system into a visible and legible form, including requiring any such document to be produced in a form in which it may be taken away; and
f
where the boat is one in relation to which he has reason to suspect that an offence under this Order or any equivalent provisions has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (f) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that an offence under article 3(1), 8, 9 or 11 of this Order or any equivalent provisions has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
15
1
For the purpose of enforcing articles 3 to 11 of this Order or any equivalent provisions, or to facilitate the cross-checking provided for in paragraph 20 of Annex XVII, any British sea-fishery officer may —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether an offence under this Order or any equivalent provisions has at any time been committed;
f
require any person on the premises to produce any documents which are in his custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any fish or to the entry to, or exit from, any port or harbour by any fishing vessel;
g
for the purpose of ascertaining whether any person on the premises has committed an offence under this Order or any equivalent provisions, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search;
h
inspect and take copies of any such document produced to him or found on the premises;
i
require any appropriate or responsible person to render any such document on a computer system into a visible and legible form, including requiring it to be produced in a form in which it may be taken away; and
j
if he has a reason to suspect that an offence under this Order or any equivalent provisions has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall also apply in relation to any land used in connection with any of the activities described in paragraph (1) above, or in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England and Wales a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of an offence under this Order or any equivalent provisions; and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier; or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return;
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
16
1
This article applies —
a
in England and Wales,
b
to any relevant British fishing boat wherever it may be, and
c
to any other British or any foreign fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that an offence under article 3(1), 8, 9 or 10, or under any equivalent provision, has been committed; and
b
any fishing gear which he has reasonable grounds to suspect has been used in the course of, or in activities leading to, the commission of such an offence.
Protection of officers
17
An officer or a person assisting him by virtue of article 14(2) or 15(1)(b), or authorisation under article 15(3), of this Order shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 14 and 15 of this Order if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
18
1
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by articles 14 and 15 of this Order;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by articles 14 to 16 of this Order or intentionally obstructs any such officer in the exercise of any of those powers,
is guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
Provisions as to offences
19
1
Where any offence under article 3(1), 6(5), 8, 9, 10 or 11 of this Order or any equivalent provision committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3(1), 6(5), 8, 9, 10 or 11 of this Order or any equivalent provision committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3(1), 6(5), 8, 9, 10 or 11 of this Order or any equivalent provision committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
20
1
Any —
a
logbook kept under Article 6, 17(2) or 28c;
b
declaration submitted under Article 8(1), 17(2) or 28f;
c
effort report completed under Article 19b and 19c;
d
document drawn up under Article 9, 11, 12 or 13; or
e
document containing required information received by a fisheries monitoring centre established under Article 3(7),
of Regulation 2847/93 shall, in any proceedings in England and Wales for an offence under this Order or any equivalent provision, be evidence of the matters stated therein and so shall any additional entry in a logbook made pursuant to this Order or any equivalent provision.
2
For the purpose of paragraph (1), “required information” shall mean —
a
a fishing boat’s identification;
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude; and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Revocation of the Sea Fishing (Restriction on Days at Sea) Order 2003
21
The Sea Fishing (Restriction on Days at Sea) Order 2003 is revoked.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th June 2003
Helen Liddell
Secretary of State for Scotland
9th June 2003
Peter Hain
Secretary of State for Wales
5th June 2003
Paul Murphy
Secretary of State for Northern Ireland
10th June 2003


text:
1
These Regulations may be cited as the British Nationality (General) (Amendment) Regulations 2003 and shall come into force on 1st January 2004.
2
The British Nationality (General) Regulations 2003 shall be amended as follows.
3
In regulation 2(2), after “regulation 6(2)” there is inserted “, 6(3), 6A(1), (3) and (5), paragraph 3 of Schedule 3”.
4
For regulation 6 (Oaths of allegiance), there is substituted:
Citizenship oaths and pledges
6
1
Where a citizenship oath or pledge is required by section 42 of the Act to be made by an applicant for registration or for a certificate of naturalisation, it shall be administered in accordance with the requirements of Schedule 3.
2
If, on an application for registration or for a certificate of naturalisation by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted, he shall cause notice in writing of the decision to be given to the applicant.
3
The requirement to make a citizenship oath or pledge shall be satisfied within three months of the giving of the notice referred to in paragraph (2) or such longer time as the Secretary of State may allow.
4
Any notice required by paragraph (2) to be given to an applicant may be given —
a
in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;
b
in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.
5
In this regulation, references to the requirement to make a citizenship oath or pledge include the requirement to make a citizenship oath and pledge at a citizenship ceremony.
Arrangements for, and conduct of, citizenship ceremonies
6A
1
The Secretary of State may designate or authorise a person to exercise a function (which may include a discretion) in connection with a citizenship ceremony or a citizenship oath or pledge, and the reference in paragraph (3)(b) to “designated person” shall be construed accordingly.
2
Each local authority (within the meaning of section 41(3B) of the Act ) shall —
a
make available, or make arrangements for, premises at which citizenship ceremonies may be conducted; and
b
arrange for citizenship ceremonies to be conducted with sufficient frequency so as to enable applicants in their area who are required to make a citizenship oath and pledge at a citizenship ceremony to meet the time limit laid down by regulation 6(3).
3
Where an applicant is required by section 42 of the Act to make a citizenship oath and pledge at a citizenship ceremony, the Secretary of State shall —
a
issue to the applicant an invitation in writing to attend a citizenship ceremony (a “ceremony invitation”);
b
notify the applicant of the local authority or designated person which the applicant should contact to arrange attendance at a citizenship ceremony (the “relevant authority”); and
c
notify the relevant authority of his decision in relation to the applicant.
4
An applicant who has arranged attendance at a citizenship ceremony shall bring with him to the ceremony his ceremony invitation; and if the applicant fails to do so, the person conducting the ceremony may refuse admittance to, or participation in, the ceremony if he is not reasonably satisfied as to the identity of the applicant.
5
Where an applicant makes the relevant citizenship oath and pledge at a citizenship ceremony as required by section 42 of the Act —
a
the person conducting the ceremony shall grant to the applicant a certificate of registration or naturalisation, duly dated with the date of the ceremony; and
b
the relevant authority shall notify the Secretary of State in writing within 14 days of the date of the ceremony that the applicant has made the relevant citizenship oath and pledge at a citizenship ceremony and the date on which the ceremony took place.
6
In this regulation, “the person conducting the ceremony” is the person who administers the citizenship oath and pledge at the citizenship ceremony in accordance with paragraph 3 of Schedule 3.
.
5
In Schedule 3:
a
in the heading, for “OATH OF ALLEGIANCE” there is substituted “CITIZENSHIP OATH OR PLEDGE”;
b
in paragraph 1, for the words “paragraph 2” there is substituted “paragraphs 2 and 3”, and for “an oath of allegiance” there is substituted “a citizenship oath or pledge”;
c
in paragraph 2, after each reference to “the oath” there is inserted “or pledge”, and the words “or taken” are omitted; and
d
after paragraph 2, there is inserted:
3
Where a citizenship oath and pledge is required by section 42 of the Act to be made at a citizenship ceremony, it shall be administered at the ceremony:
a
in the case of a ceremony held in England, Wales or Scotland, by a registrar (within the meaning of section 41(3B) of the Act); and
b
in the case of a ceremony held elsewhere, by a person authorised to do so by the Secretary of State.
.
Beverley Hughes
Minister of State
Home Office
8th December 2003


text:
Citation and commencement
1
This Order may be cited as the Social Security Pensions (Low Earnings Threshold) Order 2003 and shall come into force on 6th April 2003.
Low earnings threshold
2
It is hereby directed that for the purposes of the Social Security Contributions and Benefits Act 1992 , the low earnings threshold for the tax years following the tax year 2002–03 shall be £11,200.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks
Parliamentary Under-Secretary of State,
Department for Work and Pensions
17th February 2003


text:
Citation
1
This Order may be cited as the Designation of Schools having a Religious Character (England) ( No. 3) Order 2003.
Interpretation
2
In this Order “the relevant religious denomination” means the religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998.
Designation of the schools
3
The schools listed in the Schedule (all of which are voluntary schools or new schools that have temporary governing bodies and which will be such when established) are hereby designated as schools having a religious character.
4
The relevant religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (3).
Caroline Macready
A Divisional Manager in the
Department for Education and Skills
24th October 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) (No. 2) Regulations 2003 and shall come into force on 10th August 2003.
Amendment of the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982
2
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall be amended in accordance with the following paragraphs —
a
in regulation 2 (general interpretation) —
i
in paragraph (1) —
aa
before the definition of “the Construction and Use Regulations” there shall be inserted —
“Directive 70/156/ EEC ” means Council Directive 70/156/EEC of 6th February 1970 on the approximation of the laws of the Member States relating to the type approval of motor vehicles and their trailers ;
“Directive 70/157/EEC ” means Council Directive 70/157/EEC of 6th February 1970 on the approximation of the laws of the Member States relating to the permissible sound level and the exhaust system of motor vehicles ;
“Directive 70/220/EEC ” means Council Directive 70/220/EEC of 20th March 1970 on the approximation of the laws of the Member States on measures to be taken against air pollution by emissions from motor vehicles ;
“Directive 88/77/EEC ” means Council Directive 88/77/EEC on the approximation of the laws of the Member States relating to the measures to be taken against the emission of gaseous pollutants for diesel engines for use in vehicles ;
;
bb
in the definition of “emissions or noise item” for ““exhaust emissions” or “noise and silencers”” there shall be substituted ““emissions”, “on-board diagnostic system”, “diesel emissions” or “sound level””;
cc
in the definition of “Framework Directive vehicle” for “Council Directive 70/156/EEC ” and the remainder of the definition there shall be substituted “Directive 70/156/EEC ”;
dd
after the definition of “recovery vehicle” there shall be inserted —
“relevant speed” has the meaning given in regulation 36B(15) of the Construction and Use Regulations;
“road sweeper” means a vehicle constructed or adapted for the purpose of road cleansing, the collection or disposal of refuse or the collection or disposal of the contents of gullies and which —
is incapable by reason of its construction of a speed of more than 20 miles per hour on the level under its own power; and
has an inside track width of less than 810 millimetres;
;
ii
after paragraph (2) there shall be inserted —
2A
Any reference in these Regulations to a Community instrument is a reference to that instrument as amended on the date the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2003 are made.
; and
iii
after paragraph (5) there shall be inserted —
6
In Part I of Schedule 1 to these Regulations —
a
a reference to a vehicle of category N, N1, N2 or N3 (whether of a specified class or otherwise) is a reference to a vehicle of category N, N1, N2 or N3 as appropriate, within the meaning of Annex II to Directive 70/156/EEC ; and
b
a reference to a vehicle of class I, II or III of any category referred to in sub-paragraph (a) is a reference to a vehicle of class I, II or III, as appropriate, of that category within the meaning of the said Annex II.
;
b
in regulation 3 (application of regulations) —
i
in paragraph (1)(a)(i) for “three” there shall be substituted “four”;
ii
in paragraph (2) “or” after sub-paragraph (t) shall be omitted and after sub-paragraph (u) there shall be inserted —
; or
v
a road sweeper.
;
c
in regulation 4 (application of type approval requirements) —
i
in paragraph (1) for sub-paragraph (b)(i) there shall be substituted —
b
i
on and after the date these Regulations are amended by the Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) (Amendment) Regulations 2003 or any later date specified in column (6) of Part I of Schedule 1, and
;
ii
in paragraph (5) there shall be omitted “; and for the purposes” and the remainder of the paragraph;
iii
paragraphs (8A), (9) and (12) and the second paragraph (13) shall be omitted; and
iv
in paragraph (14) for “schedules 1B and” there shall be substituted “schedule”;
d
the content of the Schedule to these Regulations shall be substituted for Schedule 1;
e
Schedules 1A and 1B shall be omitted; and
f
in Schedule 1C, in Part I, in paragraph 1(1) “(other than item 2L)” shall be omitted.
Saving provision
3
1
The Motor Vehicles (Type Approval for Goods Vehicles) (Great Britain) Regulations 1982 shall continue to apply in relation to a relevant vehicle or a relevant part as if these Regulations had not been made.
2
For the purposes of this regulation —
a
“relevant vehicle” means a vehicle in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972 or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force;
b
“relevant part” means a vehicle part in relation to which a certificate was issued under section 47 of the Road Traffic Act 1972 or under section 55 or 58 of the Road Traffic Act 1988 before the date on which these Regulations come into force.
Signed by the authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State
Department for Transport
17th July 2003


text:
Citation and Commencement
1
These Regulations may be cited as the Asbestos (Prohibitions) (Amendment) Regulations 2003 and shall come into force on 15th August 2003.
Amendment of the Asbestos (Prohibitions) Regulations 1992
2
In regulation 2 of the Asbestos (Prohibitions) Regulations 1992 insert at the end of paragraph (3) the following paragraph: —
4
Where in these Regulations it is stated that amphibole asbestos or chrysotile has intentionally been added to a product, it will be presumed where —
a
amphibole asbestos or chrysotile is present in any product; and
b
amphibole asbestos or chrysotile, as the case may be, is not a naturally occurring impurity of that product, or of any component or constituent thereof,
that the amphibole asbestos or chrysotile, as the case may be, has intentionally been added, subject to evidence to the contrary being adduced in any proceedings.
.
3
In regulation 3 of the Asbestos (Prohibitions) Regulations 1992: —
a
in paragraph (1), for the words “containing amphibole asbestos” substitute the words “to which amphibole asbestos has intentionally been added”; and
b
in paragraph (2), for the words “containing chrysotile” substitute the words “to which chrysotile has intentionally been added”.
Signed by authority of the Secretary of State for Work and Pensions.
Des Browne
Minister of State,
Department for Work and Pensions
17th July 2003


text:
Citation, commencement, effect and interpretation
1
1
These Regulations may be cited as the National Health Service (Pension Scheme, Injury Benefits and Compensation for Premature Retirement) Amendment Regulations 2003 and shall come into force on 1st April 2003.
2
Regulation 3 shall have effect as from 10th February 2003.
3
Regulation 4 shall have effect as from 1st April 2002.
4
In these Regulations —
“the principal Regulations ” means the National Health Service Pension Scheme Regulations 1995 ;
“the Injury Benefits Regulations ” means the National Health Service (Injury Benefits) Regulations 1995 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the Schedule.
Local Health Boards
3
1
After paragraph (bb) of the definition of “employing authority” in each of the provisions specified in paragraph (3) there shall be inserted the following paragraph —
bbb
a Local Health Board established under section 16BA of that Act ,
.
2
After paragraph (aa) of the definition of “ NHS dental employee” in each of the provisions specified in paragraph (3) there shall be inserted the following paragraph —
aaa
a Local Health Board;
.
3
The provisions specified for the purposes of paragraph (1) and (2) (interpretation) are —
a
regulation A2 of the principal Regulations;
b
regulation 2(1) of the Injury Benefits Regulations.
4
In paragraph (b) of the definition of “practitioner” in regulation A2 of the principal Regulations, after the words “a Primary Care Trust”, there shall be inserted the words “, a Local Health Board”.
5
In Schedule 2 to the principal Regulations, in both —
a
the definitions of “the listing Authority” and “the appropriate contracting party” in paragraph 2(1A) as substituted by regulation 4(3)(a) below; and
b
paragraph 9(1),
for the words “or Primary Care Trust”, there shall be substituted the words “, Primary Care Trust or Local Health Board”.
6
In regulation 2(1) of the Injury Benefits Regulations —
a
in the definition of “assistant practitioner”, for the words “or Primary Care Trust” in both places where those words occur, there shall be substituted the words “, Primary Care Trust or Local Health Board”;
b
in paragraphs (a) and (e) of the definition of “practitioner”, for the words “or Primary Care Trust” wherever those words occur, there shall be substituted the words “, Primary Care Trust or Local Health Board”.
7
After paragraph (d) of the definition of “employing authority” in regulation 2(1) of the National Health Service (Compensation for Premature Retirement) Regulations 2002 (interpretation), there shall be inserted the following paragraph —
dd
a Local Health Board established under section 16BA of the National Health Service Act 1977;
.
Locum practitioners
4
1
Schedule 2 to the principal Regulations (medical and dental practitioners) shall be amended in accordance with the following paragraphs.
2
For the definition of “locum practitioner” in paragraph 1 (additional definitions), there shall be substituted the following definition —
“locum practitioner” means a registered medical practitioner, other than a trainee practitioner, who is engaged under a contract for services with a practitioner otherwise than in pursuance of a commercial arrangement with an agent, to deputise or assist in the provision of general medical services or personal medical services;
.
3
In paragraph 2 (application of Regulations with modifications) —
a
for the definition of “the listing Authority” in sub-paragraph (1A) there shall be substituted the following definition —
“the listing Authority”, in relation to a locum practitioner, means the Health Authority or Primary Care Trust who prepare and publish —
the medical list in accordance with section 29(2)(a) of the 1977 Act; or
the supplementary list in accordance with section 43D of that Act,
on which he is included;
;
b
in the definition of “the appropriate contracting party”, the words “within paragraph (b)(ii) of the definition of that expression” shall be omitted;
c
in sub-paragraph (2), the words after “as a practitioner” shall be omitted.
4
In paragraph 3 (meaning of pensionable service) —
a
in sub-paragraph (2)(a), after the words “general ophthalmic services” there shall be inserted the words “, locum services”;
b
at the end, there shall be added the following sub-paragraph —
4
In sub-paragraph (2)(a), “locum services” shall have the same meaning as for the purposes of paragraph 6.
;
5
In paragraph 6(1)(a) and (2)(a) and (b) (meaning of “pensionable service” in relation to other practitioners), the words “or any payments made to the practitioner in respect of the provision of locum services” shall be omitted.
Signed by authority of the Secretary of State for Health.
John Hutton
Minister of State,
Department of Health
7th March 2003
We consent.
Nick Ainger
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
10th March 2003


text:
1
These Regulations may be cited as the Immigration Appeals (Family Visitor) Regulations 2003 and shall come into force on 1st April 2003.
2
1
For the purposes of section 90(1) of the Nationality, Immigration and Asylum Act 2002, a “member of the applicant’s family” is any of the following persons —
a
the applicant’s spouse, father, mother, son, daughter, grandfather, grandmother, grandson, granddaughter, brother, sister, uncle, aunt, nephew, niece or first cousin;
b
the father, mother, brother or sister of the applicant’s spouse;
c
the spouse of the applicant’s son or daughter;
d
the applicant’s stepfather, stepmother, stepson, stepdaughter, stepbrother or stepsister; or
e
a person with whom the applicant has lived as a member of an unmarried couple for at least two of the three years before the day on which his application for entry clearance was made.
2
In these Regulations, “first cousin” means, in relation to a person, the son or daughter of his uncle or aunt.
Home Office
Beverley Hughes
Minister of State
5th March 2003