text:
Citation and commencement
1
1
This Order may be cited as the County of Kent (Electoral Changes) Order 2004.
2
This Order shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
Interpretation
2
In this Order –
“county” means the county of Kent;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district, borough and city wards in the county ; and
any reference to the map is a reference to the map marked “Map referred to in the County of Kent (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Kent County Council.
Electoral divisions of the county of Kent
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into seventy-two electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division in column (3) of the Schedule.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Maps
4
Kent County Council shall make a print of the map marked “Map referred to in the County of Kent (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
5
The Electoral Registration Officer for each district, borough or city in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
6
The County of Kent (Electoral Arrangements) Order 1981 is revoked, save for article 4.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


type: legislation

jurisdiction: UK

text:
Title, application and commencement
1
This Order may be cited as the Pet Travel Scheme (Pilot Arrangements) (England) (Amendment) Order 2004; it applies only to England and comes into force on 13th April 2004.
Amendment to the Pet Travel Scheme (Pilot Arrangements) (England) Order 1999
2
1
The Pet Travel Scheme (Pilot Arrangements) (England) Order 1999 shall be amended in accordance with this article.
2
For paragraph 5 to 8 of Schedule 6 there shall be substituted the following paragraphs —
Means of transport
5
An animal must be transported to England by a carrier approved under article 8.
Arrival in England
6
1
On arrival in England, the carrier shall check the microchip required under paragraph 2 of this Schedule and the documentation required under paragraph 4 of this Schedule in the manner specified in article 9(1) (and in the case of a cat arriving from Australia the certificate relating to the Hendra virus required under paragraph 1 of this Schedule), and in the place and manner specified in its approval.
2
Subject to the provisions of sub-paragraph (3), the carrier shall comply with the provisions of articles 9(4) and 9(5).
3
If an animal arrives by sea, the carrier shall ensure it is taken into quarantine in accordance with article 9(4)(b) unless satisfied that throughout the voyage it has had no contact with any other animal and has not been put ashore at any point.
Consequential amendment to the Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974
3
In article 5A of The Rabies (Importation of Dogs, Cats and Other Mammals) Order 1974 paragraph (e) shall be deleted.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
18th March 2004


text:
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 2 and Saving Provisions) Order 2004.
2
In this Order —
“the 2003 Act ” means the Criminal Justice Act 2003;
“the 2000 Act ” means the Terrorism Act 2000 .
2
1
The provisions of the 2003 Act listed in paragraph (2) shall come into force on 20th January 2004.
2
The provisions referred to in paragraph (1) are —
a
sections 1, 2, 4, 6 to 8, 11 and 12 and Schedule 1 (amendments of the Police and Criminal Evidence Act 1984 );
b
sections 294 to 297 (offenders transferred to mental hospital);
c
section 306 (limit on period of detention without charge of suspected terrorists);
d
section 320 (offence of outraging public decency triable either way);
e
section 329 (civil proceedings for trespass to the person brought by offender);
f
section 332 (repeals) in so far as it relates to the entries in Schedule 37 referred to in sub-paragraph (g); and
g
in Part 1 of Schedule 37 (repeals) the entries relating to —
i
the Police and Criminal Evidence Act 1984 save for the reference to section 63(3)(a) of that Act;
ii
the Criminal Justice and Public Order Act 1994 ;
iii
the Armed Forces Act 2001 ; and
iv
the Police Reform Act 2002 .
3
The commencement of section 306 of the 2003 Act does not alter the period of time that may be authorised by a warrant of further detention under Part III of Schedule 8 to the 2000 Act in relation to a person —
a
arrested before 20th January 2004 under section 41 of the 2000 Act; or
b
arrested on or after 20th January 2004 under section 41 of the 2000 Act if at the time of that arrest he was detained under Schedule 7 to that Act and his examination under that Schedule began before 20th January 2004.
3
1
The provisions of the 2003 Act listed in paragraph (2) shall come into force on 22nd January 2004.
2
The provisions referred to in paragraph (1) are —
a
section 42 (mode of trial for certain firearms offences: transitory arrangements);
b
sections 287 to 293 (firearms offences) and Schedule 29 (sentencing for firearms offences in Northern Ireland);
c
section 304 in so far as it relates to the provisions referred to in sub-paragraph (d); and
d
in Part 1 of Schedule 32 (amendments relating to sentencing), paragraphs 48 to 50.
4
1
The provisions of the 2003 Act listed in paragraph (2) shall come into force on 29th January 2004.
2
The provisions referred to in paragraph (1) are —
a
section 3 (arrestable offences);
b
section 25 (code of practice);
c
section 28 and Schedule 2 (charging or release of persons in police detention), except new section 37B(8) and (9)(a) of the Police and Criminal Evidence Act 1984 ;
d
section 31 (removal of requirement to substantiate information on oath);
e
section 49 (rules of court);
f
section 55 (rules of court);
g
section 73 (rules of court);
h
section 93 (rules of court);
i
section 111 (rules of court);
j
section 132 (rules of court);
k
section 284 and Schedule 28 (increase in penalties for drug-related offences);
l
section 286 (increase in penalties for offences under section 174 of the Road Traffic Act 1988 ;
m
section 328 (criminal record certificates: amendments of Part 5 of Police Act 1997 ) in so far as it relates to the entries in Schedule 35 referred to in sub-paragraph (o);
n
section 332 (repeals) in so far as it relates to the entries in Schedule 37 referred to in sub-paragraph (p);
o
in Schedule 35 (criminal record certificates: amendments of Part 5 of the Police Act 1997) —
i
paragraphs 1, 2, 3(1), (2)(b) and (c), 4(1), (2)(b) and (c), 7, 10 and 11; and
ii
for the purpose of making regulations only, paragraphs 4(3) and 5; and
p
in Part 11 of Schedule 37 (repeals), the entry relating to section 120(3) of the Police Act 1997.
5
1
The provisions of the 2003 Act listed in paragraph (2) shall come into force on 27th February 2004.
2
The provisions referred to in paragraph (1) are —
a
sections 167, 168(3) to (5), and 169 to 173 (sentencing and allocation guidelines);
b
section 285 (increase in penalties for certain driving-related offences);
c
section 332 (repeals) in so far as it relates to the entry in Schedule 37 referred to in sub-paragraph (e);
d
section 324 and Schedule 34 (parenting orders and referral orders);
e
in Part 7 of Schedule 37 (repeals), the entry relating to sections 80 and 81 of the Crime and Disorder Act 1998 ;
f
section 333(6) (supplementary and consequential provision etc ) in so far as it relates to the provisions referred to in sub-paragraph (g); and
g
in Schedule 38 (transitory, transitional and saving provisions), paragraphs 2 and 3.
Scotland of Asthal
Minister of State
Home Office
15th January 2004


text:
1
This Order may be cited as the Tribunals and Inquiries (Dairy Produce Quota Tribunal) Order 2004 and shall come into force on 31st March 2004.
2
In Part 1 of Schedule 1 to the Tribunals and Inquiries Act 1992, for paragraph 13 substitute —
13
The Dairy Produce Quota Tribunal for England and Wales reconstituted under regulation 7(1)(a) of the Dairy Produce Quotas (General Provisions) Regulations 2002 .
.
Signed by authority of the Lord Chancellor
Filkin
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
25th February 2004
Signed by authority of the Secretary of State for Environment, Food and Rural Affairs
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
4th March 2004


text:
PART 1
General
Citation, commencement and application
1
1
These Regulations may be cited as the Landfill Allowances and Trading Scheme (England) Regulations 2004 and come into force on 1st April 2005.
2
These Regulations apply to England only.
Interpretation
2
1
In these Regulations —
“the Act” means the Waste and Emissions Trading Act 2003;
“collected municipal waste” means municipal waste which comes into the possession or under the control of —
a waste disposal authority, or
a waste collection authority within the area of the disposal authority,
whether or not the waste comes into the possession or under the control of that authority under or by virtue of the Environmental Protection Act 1990 ;
“disposal” has the same meaning as in Council Directive 75/442/ EEC on waste ;
“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000 ;
“European Waste Catalogue” means the list of wastes which, pursuant to Article 1(a) of Council Directive 74/442/EEC on waste and Article 1(4) of Council Directive 91/689/EEC on hazardous waste, is set out in Commission Decision 2000/532/ EC ;
“landfill allowance account” means the landfill allowance account contained in the landfill allowances register under regulation 16(2) and (3);
“Landfill Directive” means Council Directive 99/31/EC on the landfill of waste ;
“reconciliation period” means the period of 6 months following the end of a scheme year;
“recovery” has the same meaning as in Council Directive 75/442/EEC on waste;
“relevant authority” means —
the monitoring authority,
the Secretary of State;
“treatment” has the same meaning as in section 22(4) of the Act;
“vintage” means in respect of landfill allowances allocated —
for different scheme years, the chronological order in which those allowances were allocated,
for the same scheme year, the order in which those landfill allowances were allocated for that year;
“waste collection authority” has the same meaning as in Part 2 of the Environmental Protection Act 1990; and
“waste facility” means a facility for the disposal or recovery of waste other than a landfill.
2
In these Regulations references to waste being sent by a waste disposal authority to a landfill or a waste facility are references to waste being sent to such a landfill or facility in pursuance of arrangements made by the authority.
3
In these Regulations a landfill allowance is available to a waste disposal authority for a scheme year —
a
for the purposes of regulation 7 if it has —
i
been allocated to the authority for that scheme year, and
ii
not subsequently been transferred or withdrawn;
b
for all other purposes if it has been —
i
allocated to the authority for that scheme year, or
ii
banked, borrowed or transferred to that scheme year,
and not subsequently been banked, borrowed, transferred or withdrawn.
Giving notices and notifications, and the submission of forms and returns
3
1
Subject to paragraph (2), where under these Regulations a person is required or authorised to —
a
submit or give a form, notice or return to another person; or
b
notify another person of any matter;
the form, notice, return or notification must be in writing.
2
Where —
a
that other person has an address for the purposes of electronic communications —
i
any return may be submitted, or
ii
any notice or notification may be given,
by way of such communications;
b
regulation 4(3)(a) applies, the form may be submitted to the monitoring authority by way of electronic communications to the address specified in the form;
c
regulation 4(3)(b) applies, the form may be submitted to the monitoring authority via the website;
d
a relevant authority maintains a website for the purpose of enabling returns to be submitted to the monitoring authority, any return which is enabled to be so submitted may be submitted to the monitoring authority via the website.
3
Any notification given in writing by the Secretary of State under these Regulations may be given by addressing it to the waste disposal authority and —
a
leaving it at, or
b
sending it by post to,
the authority’s principal office.
Electronic registers and forms
4
1
Any register maintained under these Regulations may be in an electronic form.
2
Where any register is in an electronic form a relevant authority may make the register available for inspection by the public on a website maintained by the authority for that purpose.
3
Any form provided by the monitoring authority under these Regulations may be provided —
a
in an electronic form, or
b
for completion and submission to the monitoring authority via a website maintained by a relevant authority for that purpose.
PART 2
Allocation and the banking, borrowing and transfer of landfill allowances
Allocation of allowances
5
As soon as reasonably practicable after the Secretary of State has complied with section 4(4) of the Act, the monitoring authority must assign all landfill allowances allocated to a waste disposal authority under that section —
a
to the waste disposal authority’s landfill allowance account;
b
a unique reference number (which may include any letter) from which the following information may be ascertained —
i
the waste disposal authority to which the allowance is allocated,
ii
the year for which the allowance is allocated,
iii
the vintage of the allowance for that year.
Banking landfill allowances
6
1
All landfill allowances which —
a
are available to a waste disposal authority for a scheme year, and
b
have not been utilised for that scheme year after the monitoring authority complies with regulation 15,
must be banked for use in the following scheme year.
2
Paragraph (1) does not apply —
a
in a target year,
b
where the following scheme year is a target year.
Borrowing of landfill allowances
7
1
A waste disposal authority may borrow for use in a scheme year up to 5% of the landfill allowances available to it for the following scheme year (rounded down to the nearest whole allowance).
2
Paragraph (1) does not apply —
a
in a target year,
b
where the following year is a target year.
3
Where a waste disposal authority intends to borrow a landfill allowance it must submit a borrowing request to the monitoring authority before the end of the reconciliation period for the scheme year.
4
A borrowing request must —
a
be made on the form provided by the monitoring authority;
b
specify —
i
the name of the waste disposal authority,
ii
the number of landfill allowances which it intends to borrow.
5
The monitoring authority is not required to consider a borrowing request unless it is made in accordance with paragraph (4).
6
If the conditions in paragraph (8) are satisfied the monitoring authority must —
a
remove the number of landfill allowances specified in the borrowing request from the part of the waste disposal authority’s landfill allowance account relating to the following scheme year;
b
include those allowances in the part of the account relating to the scheme year;
c
notify the waste disposal authority which made the request —
i
that its request has been accepted,
ii
of the amendments that have been made to its landfill allowance account.
7
If the conditions in paragraph (8) are not satisfied the monitoring authority must notify the waste disposal authority —
a
that its request has not been accepted,
b
of the reasons why.
8
The conditions referred to in paragraphs (6) and (7) are that —
a
the borrowing request complies with paragraph (2),
b
the number of landfill allowances specified in the request are available to the waste disposal authority for the following scheme year,
c
accepting the borrowing request would not cause the waste disposal authority to exceed the limit on borrowing under paragraph (1), and
d
the authority is not suspended from borrowing landfill allowances under regulation 9.
Transfer of landfill allowances
8
1
A waste disposal authority may transfer to any other waste disposal authority, whether by way of trade or otherwise, landfill allowances which —
a
are available to the waste disposal authority for a scheme year, and
b
have not been utilised.
2
But a waste disposal authority must not transfer an allowance from any scheme year for which the allowance is available to the authority unless the transfer is to that scheme year.
3
Where a waste disposal authority (“the transferor”) agrees to transfer a landfill allowance to another waste disposal authority (“the transferee”) the transferor must submit a transfer request to the monitoring authority before the end of the reconciliation period for the scheme year in which the agreement is made.
4
A transfer request must —
a
be made on the form provided by the monitoring authority;
b
specify–
i
the names of the transferor and transferee,
ii
the number of landfill allowances to be transferred,
iii
for each landfill allowance the scheme year for which the allowance is available to the transferor,
iv
the date the transfer was agreed,
v
the price (if any) to be paid.
5
The monitoring authority is not required to consider a transfer request unless it is made in accordance with paragraph (4).
6
If the conditions in paragraph (8) are satisfied, the monitoring authority must —
a
delete the landfill allowances from the transferor’s landfill allowance account;
b
allocate each landfill allowance to the transferee’s landfill allowance account for the scheme year for which, immediately before the transfer, it was available to the transferor;
c
notify the transferor and transferee —
i
that the request has been accepted,
ii
of the amendments that have been made to their landfill allowance accounts.
7
If the conditions in paragraph (8) are not satisfied the monitoring authority must notify the transferor and transferee —
a
that the request has not been accepted,
b
of the reasons why.
8
The conditions referred to in paragraphs (6) and (7) are that —
a
the agreement complies with paragraphs (1) and (2),
b
all landfill allowances are available to the transferor for the scheme years specified pursuant to paragraph (4)(b)(iii), and
c
neither the transferor nor the transferee is suspended from transferring allowances under regulation 9.
Suspension of banking, borrowing and transferring of landfill allowances
9
1
The Secretary of State may suspend any or all waste disposal authorities from banking, borrowing and transferring landfill allowances if she considers —
a
in a scheme year between target years that there is a risk that the total amount of biodegradable municipal waste sent to landfills by waste disposal authorities in England will exceed the maximum amount for England which is specified under (or pursuant to section 3(1) of the Act is treated as having been specified under) section 2(1)(a) of the Act, or
b
it necessary to exercise her power under section 5 of the Act (alteration of allocations under section 4).
2
The Secretary of State may suspend a waste disposal authority from banking, borrowing and transferring landfill allowances if she has reason to believe that —
a
the waste disposal authority has failed to comply with —
i
its duty under section 9 of the Act (duty not to exceed allowances), or
ii
any requirement under these Regulations; or
b
an unauthorised person may attempt, or has attempted, to submit a borrowing or transfer request to the monitoring authority on behalf of the waste disposal authority.
3
If the Secretary of State suspends a waste disposal authority from banking, borrowing and transferring landfill allowances under paragraph (1) or (2), at the same time she must notify the monitoring authority and the waste disposal authority of —
a
that fact,
b
the reasons for the suspension.
4
The Secretary of State may lift a suspension if in any case falling within —
a
paragraph (1)(a), the Secretary of State is satisfied that there is no significant continuing risk that the total amount of biodegradable municipal waste sent to landfills by waste disposal authorities in England will exceed the maximum amount mentioned in that paragraph;
b
paragraph (1)(b) —
i
the allocation of landfill allowances has been altered, or
ii
the Secretary of State no longer considers that an alteration is necessary;
c
paragraph (2)(a), the Secretary of State is satisfied that the failure to comply is unlikely to recur;
d
paragraph (2)(b), the Secretary of State is satisfied that there is no further risk of the unauthorised submission of a borrowing or transfer request.
5
If the Secretary of State lifts a suspension under paragraph (4), at the same time she must notify the monitoring authority and any waste disposal authority which, as a consequence, is no longer suspended from banking, borrowing and transferring landfill allowances of —
a
that fact,
b
the reasons for lifting the suspension.
6
The effect of suspending a waste disposal authority from banking, borrowing and transferring landfill allowances is that no landfill allowances may be —
a
transferred to or from the waste disposal authority’s landfill allowance account under regulation 8,
b
banked or borrowed within that account under regulation 6 or 7.
7
In paragraph (2)(b) “unauthorised person” means a person who is not authorised by a waste disposal authority to submit borrowing or transfer requests on the authority’s behalf.
PART 3
Monitoring
Monitoring authority and keeping the provisions in regulation 13(2) under review
10
1
The Environment Agency shall be the monitoring authority for England.
2
The monitoring authority must keep under review the provisions in regulation 13(2).
3
If the monitoring authority considers that any of the provisions in regulation 13(2) ought to be changed it must as soon as reasonably practicable notify the Secretary of State of —
a
its opinion;
b
the reasons for its opinion.
Obligation for waste disposal authorities to keep records and make returns
11
1
A waste disposal authority must keep records containing the following information for each scheme year —
a
the weight in tonnes of collected municipal waste;
b
the weight in tonnes of municipal waste sent to landfills by the authority; and
c
the weight in tonnes of municipal waste sent to waste facilities whether by —
i
the authority, or
ii
any waste collection authority within the area of the authority.
2
In relation to municipal waste mentioned in paragraph (1)(b) and (c) the records must contain details of —
a
the total weight in tonnes of waste sent to each landfill or waste facility,
b
the standard description of, and the appropriate code in the European Waste Catalogue for, the waste referred to in sub-paragraph (a).
3
All weights mentioned in paragraphs (1) and (2) must be rounded up to the nearest tonne.
4
The records under paragraph (1) must be kept for a period of two years beginning on the day after the day on which the reconciliation period for the scheme year ends.
5
A waste disposal authority must submit to the monitoring authority a return containing the information in paragraphs (1) and (2) for each 3 month period in a scheme year ending on 31 March, 30 June, 30 September and 31 December within 3 months of the end of that period.
6
The monitoring authority, or a person authorised by the monitoring authority, may by notice require a waste disposal authority to —
a
produce for inspection or for removal for inspection elsewhere, records it is required to keep under paragraph (1);
b
supply the monitoring authority with information about, or evidence as to, matters connected with the sending of biodegradable municipal waste to landfills;
and to do so in such form, at such reasonable place and within such reasonable time as is specified in the notice.
7
The monitoring authority, or a person authorised in writing by the monitoring authority, may make copies of —
a
records produced under paragraph (6)(a),
b
information or evidence supplied under paragraph (6)(b).
Obligation for operators of landfills to keep records and make returns
12
1
Subject to paragraph (2), an operator of a landfill must keep records containing the following information for each scheme year —
a
the weight in tonnes (rounded up to the nearest tonne) of each load of municipal waste accepted at the landfill;
b
the standard description of, and the appropriate code in the European Waste Catalogue for, the waste;
c
the area in which the municipal waste originated and the waste disposal authority for that area;
d
any treatment applied to the waste at the landfill before it is landfilled.
2
Where any waste has been sent to a landfill directly from a transfer station —
a
paragraph (1)(c) does not apply to that waste, but
b
the operator of the landfill must record the name of the transfer station.
3
The records under paragraphs (1) and (2)(b) must be kept for a period of two years beginning on the day after the day on which the reconciliation period for the scheme year ends.
4
An operator of a landfill must submit to the monitoring authority a return containing the information in paragraphs (1) and (2)(b) for each scheme year within 3 months of the end of that scheme year.
5
The monitoring authority, or a person authorised in writing by the monitoring authority, may by notice require an operator of a landfill —
a
to produce for inspection, or for removal for inspection elsewhere, records they are required to keep under paragraphs (1) and (2)(b); and
b
to do so in such form, at such reasonable place and within such reasonable time as is specified in the notice.
6
The monitoring authority, or a person authorised by the monitoring authority, may make copies of records produced under paragraph (5).
7
A person authorised in writing by the monitoring authority may enter at any reasonable time (and, if need be, by force) premises occupied by a person concerned in the operation of a landfill for the purposes of —
a
finding records which are required to be kept under paragraphs (1) and (2)(b),
b
inspecting them or removing them for inspection elsewhere,
c
copying them.
8
On entering any premises under paragraph (7), a person may take with him —
a
any other person duly authorised by the monitoring authority;
b
if the authorised person has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable;
c
any equipment or materials required for any purpose for which the power of entry is being exercised.
9
The power of the monitoring authority, or a person authorised by the monitoring authority, under paragraphs (5) to (7) includes power to require any person to afford such facilities and assistance —
a
within the person’s control, or
b
in relation to which the person has responsibilities,
as are necessary to enable the monitoring authority or an authorised person to exercise the power.
10
In this regulation —
“operator of a landfill” means the person who has control over the operation of the landfill; and
“transfer station” means a waste facility where the waste mentioned in paragraph (2) is unloaded only in order to permit the waste to be prepared for further transport for recovery, treatment or disposal elsewhere.
Determining the amount of biodegradable municipal waste in amounts of waste
13
1
The provisions in this regulation apply for the purposes of —
a
determining whether a waste disposal authority is liable to a penalty under section 9 of the Act;
b
the provisions in —
i
section 10(2)(a), (b) and (d) of the Act,
ii
regulation 14.
2
For the purposes mentioned in paragraph (1) it must be assumed that —
a
the amount of biodegradable municipal waste in an amount of collected municipal waste is 68% by weight (rounded up to the nearest tonne);
b
an amount of separated municipal waste is comprised only of those types of waste which it is the purpose of the process of separation to separate;
c
where an amount of separated municipal waste is comprised of a type of waste which is listed in the first column of the table in the Schedule to these Regulations, the amount of biodegradable municipal waste by weight in that type of waste is the corresponding amount in the second column of that table (rounded up to the nearest relevant amount).
3
In paragraph (2) —
“amount of collected municipal waste” means the amount of collected municipal waste for any period of time, but such period must not be less than three months;
“nearest relevant amount means” —
the nearest tonne, or
where the amount of biodegradable municipal waste referred to in paragraph (2)(c) is —
less than 10 tonnes, the nearest 100 kilograms,
less than 1 tonne, the nearest 10 kilograms; and
“separated municipal waste” means waste which has been separated from other municipal waste, whether the separation occurs before or after the waste comes into the possession or under the control of —
a waste disposal authority, or
a waste collection authority.
Calculation of the amount of biodegradable municipal waste sent to landfills
14
1
No later than 5 months after the end of a scheme year, in relation to each waste disposal authority the monitoring authority must —
a
calculate, in accordance with paragraphs (2) and (3), the amount of biodegradable municipal waste sent to landfills by the waste disposal authority during the scheme year;
b
prepare, in accordance with regulation 15(2) and (3), a draft reconciliation for the authority by reconciling the allowances available to the authority for the scheme year with the amount of biodegradable municipal waste sent to landfills by the authority as calculated under sub-paragraph (a); and
c
notify the authority of —
i
the calculation under sub-paragraph (a),
ii
the draft reconciliation under sub-paragraph (b).
2
In making the calculation referred to in paragraph (1)(a) the monitoring authority shall carry out the following steps —
a
calculate the amount of biodegradable municipal waste by weight in the amount of collected municipal waste for the scheme year;
b
if any municipal waste is sent to any waste facilities, subtract from the amount calculated under sub-paragraph (a) the amount of biodegradable municipal waste by weight which is sent to those waste facilities;
c
if any of the municipal waste mentioned in sub-paragraph (b) is sent to landfills after treatment at the waste facilities mentioned in the same sub-paragraph, add to the amount calculated under sub-paragraph (b) the amount of biodegradable municipal waste by weight which is sent to those landfills.
3
The monitoring authority must round the amount calculated in accordance with paragraph (2) up to the nearest tonne.
Utilisation of landfill allowances
15
1
As soon as reasonably practicable after the end of the reconciliation period the monitoring authority must reconcile the allowances available to each waste disposal authority with the amount of biodegradable municipal waste sent to landfills by the waste disposal authority, as calculated under regulation 14(1)(a), by deeming allowances to have been utilised in accordance with paragraphs (2) and (3).
2
Landfill allowances available to a waste disposal authority for the scheme year must be utilised in the following order —
a
allowances originally allocated to another waste disposal authority which have been transferred to the landfill allowance account;
b
allowances banked from an earlier scheme year;
c
allowances borrowed from a later scheme year;
d
any other allowances.
3
Within each category in paragraph (2), allowances must be utilised according to the order of their vintage.
4
The monitoring authority must deem allowances to have been utilised until —
a
the number of allowances deemed to have been utilised is equal to the number of allowances needed to authorise the amount of biodegradable municipal waste sent to landfills by the waste disposal authority, as calculated under regulation 14(1)(a); or
b
no more allowances are available to that authority for the scheme year.
PART 4
Registers
Landfill allowances register
16
1
The monitoring authority must maintain a landfill allowances register.
2
In relation to each waste disposal authority the landfill allowances register must contain —
a
a landfill allowance account, and
b
a transaction log.
3
The landfill allowance account must record for each scheme year —
a
the number and reference numbers of allowances allocated to the waste disposal authority under section 4 of the Act;
b
any alteration of allocations under section 5 of the Act;
c
the number and reference numbers of allowances banked, borrowed, or transferred to or from the account;
d
the total number of allowances available to the authority;
e
after the monitoring authority has complied with regulation 14(1) —
i
the amount of biodegradable municipal waste sent to landfills by the authority,
ii
the number of landfill allowances needed to authorise the sending to landfills of that amount; and
f
after the monitoring authority has complied with regulation 15 —
i
the number and reference number of any allowances which have been utilised,
ii
the number (if any) of landfill allowances which were available for the scheme year and were not utilised,
iii
the amount (if any) in tonnes by which biodegradable waste sent to landfills by the waste disposal authority exceeded the landfill allowances available to the authority.
4
The transaction log must detail the following information in relation to the allocation, banking, borrowing, transfer, and withdrawal of landfill allowances —
a
the date that the transaction is included in the register;
b
the reference numbers of the landfill allowances allocated, banked, borrowed, transferred or withdrawn;
c
in the case of a transfer the waste disposal authorities involved; and
d
in the case of any banking or borrowing, the year —
i
for which the landfill allowances were originally allocated,
ii
to which they have been banked or borrowed.
5
At the end of the reconciliation period for a scheme year the landfill allowances register must record for that scheme year the total price (if any) paid by waste disposal authorities for the transfer of landfill allowances to that scheme year.
Penalties register
17
The Secretary of State must maintain a penalties register which, in relation to each waste disposal authority, must contain the following information —
a
any liability to a penalty under Chapter 1 of the Act;
b
the amount of the penalty;
c
if the Secretary of State notifies the authority of that amount under regulation 22(1)(b) —
i
the date when payment of the penalty is due,
ii
the amount of any interest incurred under regulation 22(3);
d
confirmation of any decision to —
i
extend the time for paying the whole or part of the penalty or any interest on it under section 26(1)(c)(i) of the Act;
ii
relieve the waste disposal authority, in whole or in part, from liability to the penalty or any interest on it under section 26(1)(c)(ii) of the Act; and
e
the date that any payment in respect of the penalty is made to the Secretary of State.
Amendment of information on registers
18
1
Where a relevant authority has reason to believe that any information on a register maintained by the authority is incorrect, the authority may amend the register so as to correct that information.
2
Before a relevant authority amends a register under paragraph (1) it must —
a
consult any waste disposal authority which would be affected by the amendment, and
b
have regard to any representations made by a waste disposal authority.
3
Where a relevant authority amends a register under paragraph (1) it must notify any waste disposal authority which is affected by the amendment of the amendment which has been made.
Availability of registers
19
In relation to any register maintained under this Part a relevant authority must —
a
make the register available for inspection by members of the public at its principal office free of charge at all reasonable times; and
b
afford to members of the public, facilities for obtaining copies of entries in the register on payment of a reasonable charge.
PART 5
Penalties
Penalties: exceeding allowances
20
1
The penalty to which a waste disposal authority is liable under section 9(2) of the Act is the excess landfill for that waste disposal authority multiplied by £200.
2
For the purposes of paragraph (1) “excess landfill” means, for a scheme year, the amount in tonnes by which biodegradable municipal waste sent to landfills by the waste disposal authority, as calculated under regulation 14(1)(a), exceeds the landfill allowances available to the authority.
3
The supplementary penalty (“ SP ”) to which a waste disposal authority is liable under section 9(3) of the Act must be calculated according to the following formula —
SP = F × ( T1 / T2 )
where for the target year —
F is the amount of any fine imposed on the United Kingdom in respect of the United Kingdom’s obligations under Article 5(2) of the Landfill Directive;
T1 is the amount in tonnes by which biodegradable municipal waste sent to landfills by the waste disposal authority, as calculated under regulation 14(1)(a), exceeds the landfill allowances available to the authority; and
T2 is the amount in tonnes by which biodegradable municipal waste sent to landfills in the United Kingdom exceeds the maximum amount specified under section 1(1)(a) of the Act.
4
The supplementary penalty (“SP”) to which a waste disposal authority is liable under section 9(4) of the Act must be calculated according to the following formula —
SP = F × ( T1 / T2 )
where —
F is, for the scheme year, the amount of any fine imposed on the United Kingdom in respect of the United Kingdom’s obligations under Article 5(2) of the Landfill Directive;
T1 is, for the scheme year, the amount in tonnes by which biodegradable municipal waste sent to landfills by the waste disposal authority, as calculated under regulation 14(1)(a), exceeds the landfill allowances available to the authority; and
T2 is the amount in tonnes by which biodegradable municipal waste sent to landfills in the United Kingdom in the scheme year exceeds the maximum amount specified under section 1(1)(a) of the Act in respect of the last target year before the scheme year.
Penalties: failure to comply with requirements imposed by regulation 11 of these Regulations
21
The penalty to which a waste disposal authority is liable under section 12(3) of the Act is £1000 for each requirement imposed on the authority by regulation 11 with which the authority fails to comply.
Penalties: general
22
1
Where a waste disposal authority is liable to a penalty, the Secretary of State may —
a
assess the amount of the penalty,
b
notify the authority of that amount.
2
The penalty is due one month after the date on which the waste disposal authority is notified by the Secretary of State under paragraph (1)(b) (“the due date”).
3
Where a waste disposal authority does not pay a penalty in full by the due date, the waste disposal authority is liable to pay interest on any outstanding amount of the penalty for the period which —
a
begins on the due date, and
b
ends on the day before the day on which the penalty is paid in full.
4
Interest under this regulation shall be payable at a rate of one percentage point above LIBOR on a day to day basis.
5
Where an amount has been assessed and notified to a waste disposal authority under paragraph (1), the amount and any interest incurred under paragraph (3) shall be recoverable as if it were a civil debt.
6
In paragraph (4), “LIBOR” means the sterling three month London interbank offered rate in force during the period between —
a
the due date, and
b
the date on which the penalty is paid in full.
PART 6
Guidance
Guidance to waste disposal authorities
23
A waste disposal authority, in exercising functions in relation to waste that is or contains biodegradable municipal waste, must have regard to any guidance issued by the Secretary of State under this regulation.
Elliott Morley
Minster of State
Department for Environment, Food and Rural Affairs
3rd December 2004


text:
Citation and commencement
1
These Regulations may be cited as the Energy Information (Household Refrigerators and Freezers) Regulations 2004 and shall come into force on 1st July 2004.
Interpretation
2
1
In these Regulations —
a
“the Refrigerators and Freezers Directive” means Commission Directive 94/2/ EC as amended by Commission Directive 2003/66/EC implementing Council Directive 92/75/ EEC with regard to energy labelling of household electric refrigerators, freezers and their combinations;
b
“the Parent Directive” means Council Directive 92/75/EEC on the indication by labelling and standard product information of the consumption of energy and other resources by household appliances; and
c
“the Directives” means the Refrigerators and Freezers Directive and the Parent Directive.
2
In these Regulations, expressions used which are also used in the Directives have the same meaning as in the Directives and —
“the 1994 Regulations ” means the Energy Information (Refrigerators and Freezers) Regulations 1994 ;
“communication”, as a means by way of which appliances are offered for sale, means a printed or written communication or other means whereby the potential customer cannot be expected to see the appliance displayed, such as a written offer, a mail order catalogue, advertisements on the internet or other electronic media;except for the reference to the Community in regulation 6(3), a reference to the Community includes a reference to the EEA ;
“dealer” means a retailer or other person who offers for sale, displays or sells household appliances to end-users;
“EEA” means the European Economic Area created by the EEA Agreement;
“EEA Agreement” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993 and the Amending Agreement signed at Luxembourg on 14th October 2003;
“enforcement authorities” means —
in England and Wales and Scotland, a local weights and measures authority within the meaning of section 69 (local weights and measures authorities) of the Weights and Measures Act 1985 ; and
in Northern Ireland, the Department of Enterprise, Trade and Investment;
“the harmonized standards” means EN 153:1995 ;
“information sheet” means a standard table of information relating to the appliance in question;
“records” includes any books, documents, labels, marks, symbols and inscriptions and any records in non-documentary form;
“regulated appliance” has the meaning given by regulation 3(3);
“sale” includes hire and hire-purchase and related expressions shall be construed accordingly;
“supplier” means the manufacturer or his authorised representative in the Community or the person who places the product on the Community market.
Scope
3
1
Subject to paragraph (2), these Regulations apply to electric mains operated household —
a
refrigerators;
b
frozen food storage cabinets;
c
food freezers,
and their combinations, whether or not they are sold or displayed for non-household use.
2
These Regulations do not apply to —
a
the rating plate or its equivalent affixed for safety purposes to an appliance; or
b
appliances that may also use other energy sources, such as batteries.
3
A household appliance to which these Regulations apply is referred to as a regulated appliance.
Other Exclusions
4
1
Nothing in these Regulations shall apply to —
a
appliances placed on the Community market before 1st July 2004; or
b
second hand appliances.
2
There shall be no obligations on a supplier to establish technical documentation, supply labels or provide information sheets in respect of a household appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will be used outside the Community.
3
There shall be no obligations on a dealer to display labels in respect of a household appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will be used outside the Community.
4
There shall be no obligations on any person who offers for sale by way of a communication a household appliance intended for use only in a country outside the Community and which he has reasonable grounds to believe will be used outside the Community.
Obtaining the information required by these Regulations
5
1
The information required by regulations 6, 7, 8 and 9 shall be obtained by measurements made in accordance with the harmonized standards.
2
Where a supplier provides information relating to noise, it shall be measured in accordance with Council Directive 86/594/EEC on airborne noise emitted by household appliances, and the provisions of Schedules 1, 2 and 3 to these Regulations relating to noise information shall apply.
3
Information obtained other than in accordance with paragraphs (1) and (2) shall be taken for the purposes of these Regulations not to meet the relevant requirements.
Placing on the Community market: technical documentation
6
1
No supplier shall place on the Community market a regulated appliance unless he has established technical documentation sufficient to enable the accuracy of the information contained in a label or information sheet to be assessed.
2
The technical documents referred to in paragraph (1) shall include —
a
the name and address of the suppliers;
b
a general description of the appliance, sufficient for it to be identified;
c
information, including drawings as relevant, on the main design features of the model and in particular items which appreciably affect its energy consumption;
d
reports of relevant measurement tests carried out under the harmonized standards;
e
details of such calculations, extrapolations or both, as the case may be, and of tests undertaken to verify the accuracy of the calculations undertaken (details of the mathematical model for calculating performance and of measurements taken to verify this model) where the information relating to a particular model combination has been obtained by calculation on the basis of design, extrapolation from other combinations or both;
f
operating instructions, if any.
3
For the purposes of paragraphs (1) and (2), the supplier may use documentation already required on the basis of relevant Community legislation.
4
The supplier shall make the technical documentation available for inspection by enforcement authorities for a period ending five years after the last regulated appliance of the model has been manufactured.
Suppliers' duties in respect of labels
7
1
Any supplier placing on the Community market a regulated appliance shall supply a label in accordance with this regulation.
2
The label shall comply with Schedule 1 (the label) and the energy efficiency class indicated shall be determined in accordance with Schedule 5 (energy efficiency class).
3
A supplier shall supply the necessary labels free of charge to dealers.
4
A supplier may choose his own system for delivery of labels.
5
Where the dealer requests labels from the supplier, the supplier shall ensure that the requested labels are delivered promptly.
Suppliers' duties in respect of information sheets
8
1
A supplier of a regulated appliance shall provide an information sheet in accordance with this regulation.
2
The information sheet shall satisfy the following requirements —
a
it shall be in the relevant language version;
b
the content and form shall be as specified in Schedule 2 (the information sheet);
c
the category of the appliance shall be determined in accordance with Schedule 4 (categories of appliance) for the purposes of complying with paragraph 1(3) of that Schedule; and
d
the energy efficiency class indicated shall be determined in accordance with Schedule 5 (energy efficiency class) for the purposes of complying with paragraph 1(4) of that Schedule.
3
Where the supplier provides a product brochure with a regulated appliance, the brochure shall contain the information sheet.
4
Where no brochure is provided with a regulated appliance, the supplier shall provide the information sheet with any other literature provided.
Suppliers' duty in respect of the accuracy of information
9
1
For the purposes of these Regulations only, it shall be the duty of a supplier to ensure that the information in an information sheet or on a label which he supplies to a dealer is accurate.
2
Paragraph (1) is without prejudice to any right of action which any person may have apart from these Regulations whether against the supplier, dealer or any other person arising from any inaccuracy of information in an information sheet or label.
Suppliers' deemed consent to publication of information
10
The supplier shall be deemed to consent to the publication of the information given on a label or in an information sheet.
Dealers' duty in respect of displayed appliances
11
A dealer who displays a regulated appliance shall attach the label provided by the supplier for that appliance to the outside front or top of the appliance so that the label remains clearly visible and not obscured whenever the appliance is displayed.
Information in respect of mail order and other distance selling
12
Where a person offers an appliance for sale by means of a communication, that person shall ensure that the communication —
a
is in the relevant language;
b
includes the information specified in Schedule 3 (mail order and other distance selling) and describes the appliance in accordance with Schedules 4 (categories of appliance) and 5 (energy efficiency class); and
c
where other information is provided, if it is required to be contained in an information sheet it shall be included with the information required by sub-paragraph (b) above in the form defined and the order specified in Schedule 2.
Misleading information
13
1
A person shall not display any label, mark, symbol or inscription (other than those required by these Regulations) which relates to the energy consumption of an appliance and which does not comply with the requirements of these Regulations, if such display is likely to mislead or confuse.
2
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed under a Community or national environmental labelling scheme .
3
Paragraph (1) shall not apply to a label, mark, symbol or inscription displayed pursuant to the 1994 Regulations.
Presumption of compliance
14
Unless there is evidence to the contrary, labels and information sheets are deemed to comply with the provisions of these Regulations.
Enforcement and offences
15
1
Subject to paragraph (3), it shall be the function of every enforcement authority to enforce these Regulations within its area.
2
Nothing in these Regulations shall authorise an enforcement authority in Scotland to bring proceedings for an offence.
3
Schedule 6 shall have effect with regard to offences, enforcement of these Regulations and other related matters.
Transitional provisions
16
Where a regulated appliance is placed on the Community market on or before 30th December 2004, the use of labels, information sheets or communications relating thereto, in respect of which the requirements of these Regulations are not complied with shall be permitted, provided that the provisions of the 1994 Regulations are complied with.
Revocation and saving
17
1
Subject to paragraph (2), the 1994 Regulations and the Energy Information and Energy Efficiency (Miscellaneous Amendments) Regulations 2001 to the extent that they amend the 1994 Regulations shall be revoked on 31st December 2004.
2
The provisions of the 1994 Regulations shall continue to apply —
a
to an appliance placed on the Community market before 1st July 2004; or
b
to a regulated appliance placed on the Community market on or after 1st July 2004 but before 31st December 2004 where the information required to be provided was obtained by measurements made in accordance with EN 153: 1990 .
Whitty
Parliamentary Under-Secretary of State,
Department for Environment, Food and Rural Affairs
Address
Date: 27th May 2004


text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Mandatory Awards) (Amendment) Regulations 2004 and shall come into force on 1st September 2004.
2
In these Regulations, “the principal regulations” means the Education (Mandatory Awards) Regulations 2003 .
Amendment of the principal regulations
3
The principal regulations shall be amended in accordance with these Regulations.
4
1
Regulation 2 shall be amended in accordance with this regulation.
2
For “Swiss Agreement” there shall be substituted “Switzerland Agreement”.
3
The following shall be inserted after the definition of “Metropolitan Police District”: —
“new academic term” means any academic term beginning on or after 1 September 2004;
“new payment” means a payment made under these Regulations as amended by the Education (Mandatory Awards) (Amendment) Regulations 2004;
“old payment” means a payment which would have been made under these Regulations if they had not been amended by the Education (Mandatory Awards) (Amendment) Regulations 2004.
5
1
Regulation 6 shall be amended in accordance with this regulation.
2
The following shall be substituted for paragraph (3) —
3
The payment to be made in relation to any new academic term shall be a new payment, and the payment in relation to any other academic term shall be an old payment, and a payment in relation to any year shall be calculated accordingly.
3
Paragraph (4) shall be omitted.
6
For paragraph (iii) of Schedule 1, there shall be substituted:
iii
in the case of a course at the University of Buckingham, £2,705 payable in four instalments of £676, £676, £676 and £677; in the case of a course at the Guildhall School of Music, £4,150 payable in three instalments of £1,383, £1,383 and £1,384; and in the case of a course at Heythrop College, £2,045 payable in three instalments of £682, £682, and £681.
7
The figures in the third column of the table in the Schedule shall be substituted for the figures in the second column where they appear in the provisions of the principal regulations which are set out opposite to them in the first column.
Alan Johnson
Minister of State,
Department for Education and Skills
30th March 2004


text:
Citation and commencement
1
These Rules may be cited as the Immigration and Asylum Appeals (Fast Track Procedure) (Amendment) Rules 2004 and shall come into force on 20th July 2004.
Amendment to the Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003
2
In the Schedule to the Immigration and Asylum Appeals (Fast Track Procedure) Rules 2003 , before “Immigration Removal Centre, Harmondsworth, Middlesex” insert —
Campsfield House Immigration Removal Centre, Kidlington, Oxon
Colnbrook House Immigration Removal Centre, Harmondsworth, Middlesex
.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State
Department for Constitutional Affairs
Dated 20th July 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004.
2
These Regulations shall come into force —
a
in respect of a lone parent —
i
who resides in an education authority area or a local education authority area identified in the Schedule to these Regulations;
ii
who has been entitled to a specified benefit for not less than 12 months immediately prior to 30th September 2004; and
iii
whose youngest child, for whom the lone parent is responsible and who is a member of the lone parent’s household, is at least 12 years old on 30th September 2004,
on 30th September 2004;
b
in respect of a lone parent —
i
who resides in an education authority area or a local education authority area identified in that Schedule;
ii
who after 30th September 2004 reaches the first anniversary of his entitlement to a specified benefit; and
iii
whose youngest child, for whom the lone parent is responsible and who is a member of the lone parent’s household, reaches the age of 12 years after 30th September 2004,
on the date of that first anniversary or the date that child reaches the age of 12 years, whichever is the later.
3
In these Regulations —
“benefit recipient” means a person who —
has not attained the age of 60; and
is entitled to a specified benefit at a higher rate referable to his partner;
“benefit week” means any period of seven days corresponding to the week in respect of which income support is due to be paid;
“education authority” means an education authority described in section 135(1) of the Education (Scotland) Act 1980 and “education authority area” shall be construed in accordance with the provisions of that section;
“interview” means a work-focused interview with a relevant person conducted for any or all of the following purposes —
assessing that person’s prospects for existing or future employment (whether paid or voluntary);
assisting or encouraging that person to enhance his prospects of such employment;
identifying activities which that person may undertake to strengthen his existing or future prospects of employment;
identifying current or future employment or training opportunities suitable to that person’s needs; and
identifying educational opportunities connected with the existing or future employment prospects or needs of that person;
“local education authority” means a local education authority described in section 12 of the Education Act 1996 (local education authorities and their areas) and “local education authority area” shall be construed in accordance with the provisions of that section;
“lone parent” means a person who has no partner and who is responsible for, and a member of the same household as, a child;
“officer” means a person who is an officer of, or who is providing services to or exercising functions of, the Secretary of State;
“partner” means a person who is a member of the same couple as a benefit recipient, or, in a case where a benefit recipient has more than one partner, a person who is a partner of the benefit recipient by reason of a polygamous marriage;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
“relevant person” means a person —
to whom paragraph (2)(a) or (b) applies; and
who has attained the age of 18 but not attained the age of 60;
“specified benefit” means income support other than income support which is awarded where —
paragraph 7 of Schedule 1B to the Income Support (General) Regulations 1987 (prescribed categories of person – persons incapable of work) applies;
paragraph 24 or 25 of Schedule 1B to the Income Support (General) Regulations 1987 (prescribed categories of person – persons appealing against a decision which embodies a determination that they are not incapable of work) applies.
Requirement for a relevant person to take part in an interview
2
1
Subject to regulations 3 and 4, a relevant person shall be required to take part in an interview as a condition of that person continuing to be entitled to the full amount of a specified benefit which is payable apart from these Regulations.
2
A relevant person shall first be required to take part in an interview under paragraph (1) as soon as is reasonably practicable after the date these Regulations come into force in respect of that person.
3
Subject to regulations 3 and 4, a requirement under paragraph (1) shall arise at intervals of not less than 13 weeks beginning with —
a
the day on which the relevant person last took part in an interview in accordance with this regulation;
b
the day he was treated under regulation 3 as having complied with such a requirement; or
c
the day a relevant decision was made in accordance with regulation 6(3),
whichever is the later, as a condition of his continuing to be entitled to the full amount of a specified benefit which is payable apart from these Regulations.
Waiver of requirement to take part in an interview
3
1
A requirement imposed by these Regulations to take part in an interview shall not apply where an officer determines that an interview would not be —
a
of assistance to the relevant person; or
b
appropriate in the circumstances.
2
A relevant person in relation to whom a requirement to take part in an interview has been waived under paragraph (1) above shall be treated for the purposes of regulation 2 as having complied with that requirement in respect of that interview.
Deferment of requirement to take part in an interview
4
1
An officer may determine, in the case of a relevant person, that the requirement under regulation 2 to take part in an interview shall be deferred at the time the requirement to take part in an interview arises or applies because an interview would not at that time be —
a
of assistance to that relevant person; or
b
appropriate in the circumstances.
2
Where an officer determines in accordance with paragraph (1) that the requirement to take part in an interview shall be deferred, he shall also determine when that determination is made, the time when the requirement to take part in an interview is to apply in the relevant person’s case.
3
Where a requirement to take part in an interview has been deferred in accordance with paragraph (1) then until —
a
a determination is made under regulation 3(1);
b
the relevant person takes part in an interview; or
c
a relevant decision has been made in relation to that relevant person in accordance with regulation 6(3),
that relevant person shall be treated for the purposes of his continuing to be entitled to the full amount of a specified benefit which is payable apart from these Regulations as having complied with that requirement.
The interview
5
1
An officer shall inform the relevant person who is required to take part in an interview of the date, time and place of the interview.
2
An officer may determine that an interview is to take place in the relevant person’s home where it would, in the officer’s opinion, be unreasonable to expect that relevant person to attend elsewhere because that person’s personal circumstances are such that attending elsewhere would cause him undue inconvenience or endanger his health.
3
An officer shall conduct the interview.
Taking part in an interview
6
1
An officer shall determine whether a relevant person has taken part in an interview.
2
A relevant person shall be regarded as having taken part in an interview for the purposes of these Regulations if —
a
he attends for the interview at the time and place notified to him by the officer;
b
he provides answers (where asked) to questions and appropriate information about —
i
the level to which he has pursued any educational qualifications;
ii
his employment history;
iii
any vocational training he has undertaken;
iv
any skills he has acquired which fit him for employment;
v
any paid or unpaid employment he is engaged in;
vi
any medical condition which in his opinion puts him at a disadvantage in obtaining employment; and
vii
any caring or childcare responsibilities he has.
3
Where an officer determines that a relevant person has failed to take part in an interview and good cause has not been shown by the relevant person for that failure within five working days of the day on which the interview was to take place, a relevant decision shall be made for the purposes of section 2B of the Social Security Administration Act 1992 and the relevant person shall be notified accordingly.
Failure to take part in an interview
7
1
Where a relevant decision has been made in accordance with regulation 6(3), subject to paragraphs (2) and (7), the specified benefit payable to the relevant person shall be reduced as from the first day of the next benefit week following the day a relevant decision was made, by a sum equal to 20 per cent. of the amount applicable on the date the first reduction commences in respect of a single claimant for income support aged not less than 25.
2
The specified benefit reduced in accordance with paragraph (1) shall not be reduced below ten pence per week.
3
Where the rate of the specified benefit payable to a relevant person changes, the reduction described in paragraph (1) shall be applied to the new rates and any adjustments to the specified benefit against which the reduction is made shall take effect from the beginning of the first benefit week to commence for that relevant person following the change.
4
Paragraph (1) shall apply to a relevant person each time a relevant decision is made in accordance with regulation 6(3) in respect of the relevant person.
5
Where a relevant person whose specified benefit has been reduced in accordance with paragraph (1) subsequently takes part in an interview, the whole of the reduction shall cease to have effect on the first day of the benefit week in which the requirement to take part in an interview was met.
6
Where paragraph (4) applies, for the purposes of determining the amount of the specified benefit payable a relevant person shall be treated as receiving the amount of the specified benefit which would have been payable but for a reduction made in accordance with paragraph (1).
7
The specified benefit shall not be reduced in accordance with paragraph (1) where the relevant person brings new facts to the notice of the Secretary of State within one month of the date on which a relevant decision was notified to him and —
a
those facts could not reasonably have been brought to the Secretary of State’s notice within five working days of the day on which the interview was to take place; and
b
those facts show that the relevant person had good cause for his failure to take part in the interview.
8
Where a reduction of specified benefit has been made in accordance with paragraph (1) the whole of that reduction shall cease to have effect on the date when the relevant person —
a
is no longer required to take part in an interview as a condition for continuing to be entitled to the full amount of the specified benefit which is payable to the relevant person apart from these Regulations; or
b
attains the age of 60.
Good cause
8
Matters to be taken into account in determining whether a relevant person has shown good cause for the relevant person’s failure to take part in an interview include —
a
that the relevant person misunderstood the requirement to take part in the interview due to any learning, language or literacy difficulties of the relevant person or any misleading information given to him by an officer;
b
that the relevant person was attending a medical or dental appointment, or accompanying a person for whom the relevant person has caring responsibilities to such an appointment, and that it would have been unreasonable in the circumstances to rearrange the appointment;
c
that the relevant person had difficulties with his normal mode of transport and that no reasonable alternative was available;
d
that the established customs and practices of the religion to which the relevant person belongs prevented him from attending on the day or at the time or place fixed for the interview;
e
that the relevant person was attending an interview with an employer with a view to obtaining employment;
f
that the relevant person was pursuing employment opportunities as a self-employed earner;
g
that the relevant person or a dependant or a person for whom the relevant person provides care suffered an accident, sudden illness or relapse of a physical or mental health condition;
h
that the relevant person was attending the funeral of a close relative or close friend on the day fixed for the interview;
i
that a disability of the relevant person made it impracticable for him to attend at the time fixed for the interview.
Appeals
9
1
This regulation applies to any relevant decision under regulation 6(3) or any decision made under section 10 of the Social Security Act 1998 (decisions superseding earlier decisions) superseding such a relevant decision.
2
This regulation applies whether the decision is as originally made or as revised under section 9 of the Social Security Act 1998 (revision of decisions).
3
In the case of a decision to which this regulation applies, the relevant person in respect of whom the decision was made shall have a right of appeal under section 12 of the Social Security Act 1998 (appeal to appeal tribunal) to an appeal tribunal.
Amendment of the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000
10
1
The Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 4 (circumstances where requirement to take part in an interview does not apply) for the words from “under the Social Security (Work-focused Interviews) Regulations 2000” to the end of that regulation substitute “under the Social Security (Work-focused Interviews) Regulations 2000, the Social Security (Jobcentre Plus Interviews) Regulations 2001, the Social Security (Jobcentre Plus Interviews) Regulations 2002, the Social Security (Working Neighbourhoods) Regulations 2004 or the Social Security (Quarterly Work-focused Interviews for Certain Lone Parents) Regulations 2004.”.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,,
Department for Work and Pensions
30 August 2004


text:
Citation, commencement and application
1
1
These regulations may be cited as the National Health Service (General Medical Services Contracts) (Prescription of Drugs etc.) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply to England only.
Drugs, medicines and other substances that may not be ordered
2
A drug, medicine or other substance listed in Schedule 1 may not be ordered for patients in the provision of medical services under a general medical services contract.
Drugs, medicines and other substances that may be ordered only in certain circumstances
3
A drug, medicine or other substance specified in an entry in column 1 of Schedule 2 may not be ordered for a patient in the provision of medical services under a general medical services contract unless —
a
that patient is a person of a description mentioned in column 2 of that entry; and
b
that drug, medicine or other substance is prescribed for that patient only for the purpose specified in column 3 of that entry.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
8th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Incapacity) (Miscellaneous Amendments) Regulations 2004 and shall come into force on 1st October 2004.
Amendment of regulation 16 of the Social Security (General Benefit) Regulations 1982
2
In regulation 16 of the Social Security (General Benefit) Regulations 1982 (earnings level that does not disqualify for unemployability supplement) for the amount of £3,744 there shall be substituted the amount of £4,056.
Amendment of regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994
3
In regulation 8 of the Social Security (Incapacity Benefit) Regulations 1994 (limit of earnings from councillor’s allowance) for the amount of £72.00 there shall be substituted the amount of £78.00.
Amendment of regulation 17 of the Social Security (Incapacity for Work) (General) Regulations 1995
4
In regulation 17(2)(a) of the Social Security (Incapacity for Work) (General) Regulations 1995 (exempt work) for the amount of £72.00 there shall be substituted the amount of £78.00.
Andrew Smith
Secretary of State,
Department for Work and Pensions
2nd September 2004


text:
PART 1
PRELIMINARY
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 4) Regulations 2004 and come into force in accordance with regulation 2.
2
1
Regulations 4, 5 and 6 shall come into force on 1st January 2005 in relation to supplies made on or after that date.
2
Regulation 8 shall come into force on 3rd December 2004 in relation to input tax incurred by a taxable person on goods imported or acquired by, or goods and services supplied to, him on or after that date.
3
Regulations 7, 9, 10, 11, 12, 13 and 14 shall come into force on 3rd December 2004.
4
Regulation 15 shall come into force on 3rd December 2004 in relation to VAT charged on or after that date.
3
The Value Added Tax Regulations 1995 are amended in accordance with the following Parts.
PART 2
GAS AND ELECTRICITY
4
After regulation 82 insert —
Goods supplied by persons outside the United Kingdom
82A
Goods which are treated as supplied by a person under section 9A of the Act shall be treated as being supplied when the goods are paid for or, if the consideration is not in money, on the last day of the prescribed accounting period in which the goods are removed or made available.
.
5
In regulation 95 after “82,” insert “82A,”.
6
In regulation 175(b)(iii) after “section” insert “9A or”.
PART 3
PARTIAL EXEMPTION
7
In regulation 103, delete “(1)” and paragraphs (2) and (3).
8
After regulation 103A insert —
Attribution of input tax incurred on services and related goods used to make financial supplies
103B
1
This regulation applies to a taxable person who incurs input tax in the circumstances specified in paragraph (2) below.
2
Where —
a
input tax has been incurred by a taxable person in any prescribed accounting period on supplies to him of any of the services specified in paragraph (4) below and of any related goods, and
b
those services and related goods are used or to be used by the taxable person in making both a relevant supply and any other supply, and
c
the relevant supply is incidental to one or more of the taxable person’s business activities,
that input tax shall be attributed to taxable supplies to the extent that the services or related goods are so used or to be used expressed as a proportion of the whole use or intended use, notwithstanding any provision of any input tax attribution method that the taxable person is required or allowed to use which purports to have the contrary effect.
3
In this regulation —
a
“relevant supply” means a supply of a description falling within item 1 or 6 of Group 5 of Schedule 9 to the Act and any supply of the same description which is made in another member State; and
b
“taxable supplies” includes supplies of a description falling within regulation 103.
4
The services referred to in paragraph (2)(a) above are services supplied by —
a
accountants;
b
advertising agencies;
c
bodies which provide listing and registration services;
d
financial advisers;
e
lawyers;
f
marketing consultants;
g
persons who prepare and design documentation; and
h
any person or body which provides similar services to those specified in sub-paragraphs (a) to (g) above.
.
9
In regulation 99(1)(a), for “103 or 103A” substitute “103, 103A or 103B”.
10
In regulation 101(1), after “102” insert “and 103B”.
11
In regulation 102(1), for “regulation 103” substitute “regulations 103, 103A and 103B”.
12
In regulation 106(3), after “103A” insert “, 103B”.
13
In regulation 106A(2) and (3), for “and 103A” substitute “, 103A and 103B”.
14
1
In regulation 110(1), before “108” insert “103B,”.
2
In regulation 110(1)(b), for “103(1)” substitute “103”.
3
In regulation 110(4), for “regulation 103” substitute “regulations 103 and 103B”.
PART 4
REPAYMENTS TO THIRD COUNTRY TRADERS
15
After regulation 190(1)(b) add —
c
VAT charged on a supply used or to be used in making supplies of a description falling within article 3 of the Value Added Tax (Input Tax) (Specified Supplies) Order 1999.
.
Michael Hanson
Commissioner of Customs and Excise
30th November 2004


text:
Citation
1
This Order may be cited as the Trinity Catholic Primary School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The Trinity Catholic Primary School, Titchfield Street/James Clark, Liverpool, L5 8UT, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the ,
Department for Education and Skills
20th September 2004


text:
1
This scheme may be cited as the M11 London-Cambridge Motorway (Redbridge-Stump Cross Section) Scheme 1970 (Revocation) Scheme 2001 Revocation Scheme 2004 and shall come into force on 15th March 2004.
2
The M11 London-Cambridge Motorway (Redbridge-Stump Cross Section) Scheme 1970 (Revocation) Scheme 2001 is hereby revoked.
Signed by authority of theSecretary of State for Transport
P Wallwork
A Divisional Director Highways Agency
20th February 2004


text:
Citation and commencement
1
This Order may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Lancashire) Order 2004 and shall come into force on 6th September 2004.
Interpretation
2
In this Order —
“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” means the Road Traffic Act 1991; and
“the parking area” means the area designated as a permitted parking area and as a special parking area by article 4 of this Order.
Application
3
1
This Order applies to the whole of the county of Lancashire excluding the roads specified in Schedule 1.
2
In Part 1 of Schedule 1, the roads specified in the first column are excluded for the length specified in the second column, by reference to the area of the whole of the county of Lancashire.
3
In Part 2 of Schedule 1, the roads specified in the second column are excluded for the length specified in the third column, by reference to the area specified in the first column.
Designation of permitted parking area and special parking area
4
The Secretary of State hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act, shall apply in relation to the parking area and as so applied shall have effect subject to the modifications specified in Schedule 2 to this Order.
Modification of other provisions
6
The 1984 Act shall be modified in relation to the parking area as specified in Schedule 3 to this Order.
Signed by authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
28th July 2004


text:
Citation, commencement and effect
1
This Order may be cited as the Finance Act 2004, Sections 38 to 45 and Schedule 6 (Consequential Amendment of Enactments No. 2) Order 2004, shall come into force on 31st December 2004, and shall have effect in relation to accounting periods beginning on or after 1st April 2004, subject to the transitional provisions in sections 43 and 44 of the Finance Act 2004.
Amendment of section 592 of the Income and Corporation Taxes Act 1988
2
1
Section 592 of the Income and Corporation Taxes Act 1988 (exempt approved pension schemes) is amended as follows.
2
For subsection (4) substitute —
4
Where the employer makes contributions to the pension scheme in respect of any individual, then —
a
for the purposes of Case I or II of Schedule D the contributions —
i
are to be treated as not being payments of a capital nature, to the extent that they otherwise would be,
ii
are allowed as a deduction in computing the amount of the profits for the period of account in which they are paid:
b
for the purposes of section 75 (expenses of management: companies with investment business) the contributions —
i
are to be treated as being expenses of management to the extent that they otherwise would not be; and
ii
are referable to the accounting period in which they are paid;
c
for the purposes of section 76 (expenses of insurance companies), the contributions —
i
are to be brought into account at Step 1 in subsection (7) of that section, to the extent that they otherwise would not be; and
ii
are referable to the accounting period in which they are paid.
.
Revocation
3
In the Schedule to the Finance Act 2004, Sections 38 to 45 and Schedule 6 (Consequential Amendment of Enactments) Order 2004, paragraph 30(2) is revoked.
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004