text:
Citation and commencement
1
These Regulations may be cited as the Annual Parents' Meetings (Exemptions) (England) Regulations 2003 and shall come into force on 1st September 2003.
Revocations
2
The Education (Annual Parents' Meetings) (England) Regulations 1999 are hereby revoked.
Interpretation
3
1
In these Regulations “the 2002 Act ” means the Education Act 2002.
2
Any reference in a provision of these Regulations to —
a
the governing body or to the governing body of a school is a reference to the governing body of any school to which the provision applies;
b
a parent is a reference to a parent of a registered pupil at the school to which the provision applies;
c
a school is a reference to a maintained school within the meaning of section 39(1) of the 2002 Act.
Exemption for hospital special schools and boarding schools
4
A governing body is exempt from the obligation imposed by section 33(1) of the 2002 Act to hold an annual parents' meeting if —
a
the school is a community special school or a foundation special school which is established in a hospital and the governing body is of the opinion that it would be impracticable to hold such a meeting in that school year; or
b
the school is a maintained school other than one within paragraph (a), the governing body is of the opinion that it would be impracticable to hold such a meeting in that year, and at least 50 percent of the registered pupils at the school are boarders at the time when they form that opinion.
Exemption for schools that hold a post–inspection meeting
5
If —
a
the school has been inspected under section 10 of the School Inspections Act 1996 by a registered inspector, and
b
the governing body has, within the period prescribed by regulation 8(1) of the Education (School Inspections) Regulations 1997 for the preparation of the action plan , held a meeting to which all parents have been invited to discuss the registered inspector’s report,
the governing body is exempt from the obligation imposed by section 33(1) of the 2002 Act to hold an annual parents' meeting for the period of twelve months after the date of the meeting referred to in paragraph (b).
Exemption for schools that hold other meetings
6
If, in any school year, the governing body holds a meeting to which all parents are invited, or a series of meetings and all parents are invited to at least one of the series, and —
a
parents have the opportunity at the meeting or at each of the series of meetings (as the case may be) to discuss the manner in which the school has been, and is to be, conducted and the performance of the school, and
b
two or more governors, at least one of whom is not a staff governor, attend the meeting or each meeting of the series (as the case may be),
the governing body is exempt from the obligation imposed by section 33(1) of the 2002 Act to hold an annual parents' meeting for the school year in which the meeting is, or (as the case may be) series of meetings are, held.
Exemption if parents do not respond to the notice of meeting
7
The governing body is exempt from the obligation imposed by section 33(1) of the 2002 Act to hold an annual parents' meeting in any school year in which it gives to parents with the governors' report a notice asking parents to state in writing within a specified period of not less than 7 days if they require the governing body to hold an annual parents' meeting and the parents of fewer than 15 registered pupils respond within the specified period.
David Miliband
Minister of State,
Department for Education and Skills
21st July 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Northern Birmingham Mental Health National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Northern Birmingham Mental Health National Health Service Trust ;
“the new Trust” means the Birmingham and Solihull Mental Health National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 5th February 2003 and on behalf of the new Trust on 6th February 2003.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Welfare Food (Amendment No. 2) Regulations 2003.
2
These Regulations shall come into force for the purposes of regulations 3, 4, 5(2), (3) and (4) and 6 on 18th July and for all other purposes on 6th October 2003.
3
In these Regulations “the principal Regulations ” means the Welfare Food Regulations 1996 .
Amendment of regulation 2 of the principal Regulations
2
In regulation 2(1) of the principal Regulations (interpretation) —
a
after the definition of “beneficiary” insert ““the Board” means the Commissioners of Inland Revenue ”;
b
in the definition of “clinic”, delete “by a Health Authority,” each time it appears;
c
after the definition of “family” insert ““guarantee credit” shall be construed in accordance with sections 1 and 2 of the State Pension Credit Act 2002 ”; and
d
delete the definition of “Health Authority”.
Amendment of regulation 3 of the principal Regulations
3
For paragraph (2) of regulation 3 of the principal Regulations (entitlement to free milk) substitute —
2
For the purposes of paragraph (1), the person specified is any of the following in Great Britain —
a
an expectant mother who is, or is a member of the family of a person who is entitled to —
i
income support; or
ii
an income based jobseeker’s allowance; or
iii
a guarantee credit; or
b
a child who has attained the age of one year but is under the age of five years and who is a member of the family of a person who is entitled to —
i
income support; or
ii
an income based jobseeker’s allowance; or
iii
child tax credit , provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230, and the person is not entitled to working tax credit ; or
c
a qualifying child.
.
Amendment of regulation 4 of the principal Regulations
4
For subparagraph (c) of regulation 4(1) of the principal Regulations (child under the age of one year — entitlement to free dried milk or milk) substitute —
c
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230, and the person is not entitled to working tax credit,
.
Amendment of regulation 5 of the principal Regulations
5
1
For subparagraph (a) of regulation 5(2) of the principal Regulations (entitlement to free vitamins) substitute —
a
a mother who is breast-feeding her child under the age of one year, or an expectant mother who is, or is a member of the family of a person who is entitled to —
i
income support; or
ii
an income based jobseeker’s allowance; or
iii
a guarantee credit; or
.
2
After regulation 5(2)(a) of the principal Regulations insert —
aa
a mother who is breast-feeding her child under the age of one year who is, or is a member of the family of a person who is entitled to child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230, and the person is not entitled to working tax credit.
.
3
For subparagraph (b) of regulation 5(2) of the principal Regulations substitute —
b
a child who is under the age of five years and who is a member of the family of a person who is entitled to —
i
income support; or
ii
an income based jobseeker’s allowance; or
iii
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230, and the person is not entitled to working tax credit.
.
4
For subparagraph (a) of regulation 5(4) of the principal Regulations substitute —
a
documentary evidence of entitlement to —
i
income support; or
ii
an income based jobseeker’s allowance; or
iii
a guarantee credit; or
iv
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230, and the person is not entitled to working tax credit; and
.
Amendment of regulation 6 of the principal Regulations
6
1
For regulation 6(1) of the principal Regulations (inability to obtain free vitamins) substitute —
1
Any beneficiary who is unable to obtain vitamins under regulation 5 for a period (“the missing period”) as a result of a failure to receive from the Secretary of State or the Board evidence as to entitlement to —
i
income support; or
ii
an income based jobseeker’s allowance; or
iii
a guarantee credit; or
iv
child tax credit, provided that the relevant income of the person or persons to whom the award of child tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £13,230, and the person is not entitled to working tax credit,
may apply to the Department of Health in writing for a payment.
.
2
In regulation 6(2) of the principal Regulations, after “the Secretary of State”, the second time it appears, insert “or the Board”.
Amendment of regulation 8 of the principal Regulations
7
In regulation 8(2) of the principal Regulations (inability to purchase dried milk at a reduced price) after “the Secretary of State”, the second time it appears, insert “or the Board”.
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
17th July 2003


text:
1
This Order may be cited as the Reciprocal Enforcement of Maintenance Orders (United States of America) (Variation) Order 2003 and shall come into force on 15th May 2003.
2
Schedule 1 to the Reciprocal Enforcement of Maintenance Orders (United States of America) Order 1995 shall be varied by inserting between the words: —
a
“California” and “Connecticut”, the word “Colorado”;
b
“Florida” and “Indiana”, the words “Georgia, Idaho and Illinois”;
c
“Massachusetts” and “Minnesota”, the word “Michigan”;
d
“New Jersey” and “New York”, the words “New Mexico”;
e
“North Dakota” and “Oklahoma”, the word “Ohio”;
f
“South Dakota” and “Texas” , the word “Tennessee”.
A. K. Galloway,
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Aycliffe Instrument of Management (Variation) Order 2003 and shall come into force on 19 th July 2003.
Variation of the Aycliffe School Instrument of Management Order 1973
2
In Article 9(2) of the Aycliffe School Instrument of Management Order 1973, for “70” there shall be substituted “72”.
Margaret Hodge
Minister of State,
Department for Education and Skills
26th June 2003


text:
1
This Order may be cited as the European Convention on Extradition (Amendment) Order 2003 and shall come into force on 1st April 2003.
2
The European Convention on Extradition Order 2001 shall be amended as follows —
a
in Part I of Schedule 3 (which names the States parties to the Convention), at the Appropriate points in alphabetical order, the following entries are inserted —
“Azerbaijan”
“Serbia and Montenegro”.
in Schedule 4 (which sets out the reservations and declarations made by States parties to the Convention) —
insert Part 3A, as set out in Schedule 1 to this Order, after Part 3;
in Part 9, remove the following reservation;
Article 2 — The obligation to grant extradition shall be restricted to offences, which, under the Danish penal code, are punishable by a penalty more severe than imprisonment for one year or simple detention.
; and
insert Part 32A, as set out in Schedule 2 to this Order, after Part 32.
in Part I of Schedule 5 (which lists Orders revoked to the extent there specified) after “Former Yugoslav Republic of Macedonia” insert —
, Slovenia, Croatia and Serbia and Montenegro
.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and application
1
1
These Regulations may be cited as the RTM Companies (Memorandum and Articles of Association) (England) Regulations 2003 and shall come into force on 30th September 2003.
2
These Regulations apply to RTM companies in relation to premises in England.
Form and content of memorandum and articles of association of RTM companies
2
1
The memorandum of association of a RTM company shall take the form, and include the provisions, set out in Part 1 of the Schedule to these Regulations.
2
The articles of association of a RTM company shall take the form, and include the provisions, set out in Part 2 of that Schedule.
3
The provisions referred to in paragraphs (1) and (2) shall have effect for a RTM company whether or not they are adopted by the company.
4
Where —
a
a RTM company has adopted a memorandum of association and articles of association before the coming into force of these Regulations; and
b
the memorandum and the articles, or either of them, do not comply, as to content, with the requirements of paragraphs (1) and (2),
the memorandum and articles shall be treated, on and after the coming into force of these Regulations, as including such of the provisions set out in the Schedule as are required to secure compliance with those requirements (whether in addition to or, as the circumstances require, in substitution for their original content).
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
7th August 2003


text:
1
These Regulations may be cited as the National Police Records (Recordable Offences) (Amendment) Regulations 2003 and shall come into force on 1st December 2003.
2
1
The Schedule to the National Police Records (Recordable Offences) Regulations 2000 shall be amended as follows.
2
For paragraph 5 there shall be substituted —
5
section 167 of the Criminal Justice and Public Order Act 1994 (offence of touting for hire car services);
.
3
Paragraphs 26 and 51 shall be omitted.
4
For paragraph 27 there shall be substituted —
27
article 44 of the Nursing and Midwifery Order 2001 (offence of falsely claiming a professional qualification etc. );
.
5
There shall be inserted at the end the following new paragraphs —
53
section 3 of the Vagrancy Act 1824 (offence of begging); and
54
section 4 of the Vagrancy Act 1824 (offence of persistent begging).
Hazel Blears
Minister of State
Home Office
5th November 2003


text:
1
This Order may be cited as the Northern Ireland Assembly (Elections) (Amendment) Order 2003 and shall come into force on the day after the day on which it is made.
2
1
Schedule 1 to the Northern Ireland Assembly (Elections) Order 2001 (application with modifications of statutory provisions relating to elections) shall be amended as follows.
2
In relation to the entry in the left-hand column in respect of rule 32 (admission to polling station) of Schedule 1 (parliamentary elections rules) to the Representation of the People Act 1983 , there shall be inserted in the right-hand column “In paragraph (1) after sub-paragraph (c) insert “(ca) Electoral Commissioners, members of staff of the Electoral Commission and persons appointed by the Electoral Commission for the purpose of attending at polling stations on behalf of the Commission;””.
Paul Murphy
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
12th November 2003


text:
PART I
PRELIMINARY
Citation and commencement
1
This Order may be cited as the Network Rail (West Coast Main Line) Order 2003 and shall come into force on 28th April 2003.
Interpretation
2
1
In this Order —
“the 1961 Act ” means the Land Compensation Act 1961 ;
“the 1965 Act ” means the Compulsory Purchase Act 1965 ;
“the Applications Rules ” means the Transport and Works (Applications and Objections Procedure) Rules 1992 ;
“authorised works” means the scheduled works and any other works authorised by this Order;
“the book of reference” means the book of reference certified by the Secretary of State as the book of reference for the purposes of this Order;
“bridleway”, “carriageway”, “footpath”, “footway”, “highway” and “highway authority” have the same meaning as in the Highways Act 1980 ;
“the deposited plans” means the composite plans prepared in pursuance of rule 7(1)(a) and (3) of the Applications Rules and certified by the Secretary of State as the deposited plans for the purposes of this Order and references to land shown on those plans are references to land so shown in pursuance of rule 7(3);
“the deposited sections” means the sections certified by the Secretary of State as the deposited sections for the purposes of this Order;
“enactment” includes any order, byelaw, rule, regulation, scheme or other instrument having effect by virtue of an enactment;
“the limits of deviation”, in relation to a work, means the limits of deviation related to that work which are shown on the deposited plans;
“maintain” includes inspect, repair, adjust, alter, remove, reconstruct and replace and “maintenance” shall be construed accordingly;
“ Network Rail ” means Network Rail Infrastructure Limited;
“the Order limits” means any of the limits of deviation, or the limits of land to be acquired or used, shown on the deposited plans;
“owner”, in relation to land, means, unless the context otherwise requires, a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of land (whether in possession or reversion) and includes a person holding, or entitled to the rents and profits of, the land under a lease or tenancy having an unexpired term exceeding 3 years;
“the scheduled works” means the works specified in Schedule 1 to this Order;
“street” includes part of a street;
“street authority”, in relation to a street, has the same meaning as in Part III of the Street Works Act ;
“the Street Works Act” means the New Roads and Street Works Act 1991 ; and
“ the tribunal ” means the Lands Tribunal.
2
References in this Order to rights over land include references to rights to do, or to place and maintain, anything in or on land or in the air-space over its surface.
3
All directions, distances and lengths stated in any description of works, powers or lands shall be construed as if the words “or thereabouts” were inserted after each such direction, distance and length and distances between points on a railway shall be taken to be measured along the railway.
4
Any reference in this Order to a work identified by the number of the work shall be construed as a reference to the work of that number authorised by this Order.
5
Any reference in this Order to a point identified by a letter and number shall be construed as a reference to the point so lettered and numbered on the deposited plans.
6
References in this Order to reference points shall be construed as references to Ordnance Survey National Grid reference points.
7
References in this Order to highways lettered FP or BR are references respectively to footpaths or bridleways.
8
References in this Order to the London to Birmingham Section, the Rugby to Stafford Section, the Colwich Junction to Cheadle Hulme Section, the Crewe to Manchester Section and the Crewe to Glasgow Section are references to sections of the railway comprised in the West Coast Main Line.
Incorporation of Railways Clauses Consolidation Act 1845
3
1
The following provisions of the Railways Clauses Consolidation Act 1845 shall be incorporated in this Order —
section 24 (obstructing construction of railway), subject to the modification in paragraph (3);
section 58 (company to repair roads used by them), except for the words from “and if any question” to the end;
section 68 (accommodation works by company);
section 71 (additional accommodation works by owners), except for the words “or directed by such justices to be made by the company” and “or, in case of difference, as shall be authorised by two justices”;
sections 72 and 73 (supplementary provisions relating to accommodation works);
section 77 (presumption that minerals excepted from acquisition of land);
sections 78 to 85E and Schedules 1 to 3 (minerals under railways), as respectively substituted and inserted by section 15 of the Mines (Working Facilities and Support) Act 1923 ;
section 145 (recovery of penalties); and
section 154 (transient offenders).
2
In those provisions, as incorporated in this Order —
“the company” means Network Rail;
“prescribed”, in relation to any such provision, means prescribed by this Order for the purposes of that provision;
“the railway” means any railway authorised to be constructed by this Order and, except where the context otherwise requires, any other authorised works; and
“the special Act ” means this Order.
3
Section 24 of the said Act of 1845, as incorporated in this Order, shall have effect as if the maximum fine which may be imposed on summary conviction for an offence under that section were instead of a fine not exceeding level 2 on the standard scale, a fine not exceeding level 3 on the standard scale.
PART II
WORKS PROVISIONS
Principal Powers
Power to construct and maintain certain works
4
1
Network Rail may construct and maintain the scheduled works.
2
Subject to article 6, the scheduled works shall be constructed in the lines or situations shown on the deposited plans and in accordance with the levels shown on the deposited sections.
3
Network Rail may on the land specified in columns (1) and (2) of Parts I and II of Schedule 2 to this Order carry out and maintain any works specified in relation to that land in column (3) of those Parts of that Schedule with all necessary works and conveniences in connection therewith.
Power to construct and maintain ancillary works
5
1
Subject to paragraph (3), Network Rail may do such of the following as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the authorised works, namely —
a
construct and maintain such offices and other buildings, yards, machinery, plant, apparatus and other works and conveniences as Network Rail thinks fit;
b
make, provide and maintain all such approaches, bridges, subways, interchanges, roundabouts, turning places, lifts, stairs, escalators, ramps, passages, means of access, shafts and stagings as Network Rail thinks fit;
c
make junctions and communications (including the provision of steps or ramps for the use of persons on foot) with any highway or access way intersected or interfered with by, or contiguous to, any of those works, and widen or alter any highway or access way for the purpose of connecting it with any of those works or another highway, or of crossing under or over the highway or access way;
d
construct, provide and maintain all such embankments, aprons, abutments, retaining walls, wing walls, culverts and other works as may be necessary or convenient;
e
alter or remove any structure erected upon any highway or adjoining land;
f
alter the position of apparatus, including mains, sewers, drains and cables; and
g
alter the course of, or otherwise interfere with, non-navigable rivers, streams or watercourses.
2
Subject to paragraph (3), Network Rail may carry out and maintain such other works (of whatever nature) as may be necessary or expedient for the purposes of, in connection with or in consequence of, the construction of the authorised works.
3
Paragraphs (1) and (2) —
a
shall only authorise the carrying out or maintenance of works outside the limits of deviation for the scheduled works if the works are carried out on land specified in columns (1) and (2) of Parts I and II of Schedule 2 to this Order for the purpose specified in relation to that land in column (3) of those Parts of that Schedule; and
b
shall not authorise the carrying out or maintenance of works to alter the course of, or otherwise interfere with, navigable rivers or watercourses.
4
Any power authorised by paragraph (1)(c) which affects a highway shall not be exercised without the written consent of the relevant highway authority, but such consent shall not be unreasonably withheld.
5
Network Rail may within the Order limits —
a
carry out and maintain landscaping and other works to mitigate any adverse effects of the construction, maintenance or operation of the authorised works; and
b
carry out and maintain works for the benefit or protection of land affected by the authorised works.
Power to deviate
6
In constructing or maintaining any of the scheduled works, Network Rail may —
a
deviate laterally from the lines or situations shown on the deposited plans within the limits of deviation for that work shown on those plans; and
b
deviate vertically from the levels shown on the deposited sections —
i
in the case of Work Nos. 1, 3, 4, 7, 8, 9, 13, 14, 16C, 23, 24, 25, 29, 30 and 31, to any extent not exceeding 0.75 metres upwards or downwards; and
ii
in the case of any of the remaining works, to any extent not exceeding 3 metres upwards or downwards.
Level Crossings
Replacement of road level crossings
7
1
Subject to paragraph (3), each of the level crossings specified in columns (1) and (2) of Schedule 3 to this Order shall be stopped up and discontinued.
2
Subject to paragraph (3) and paragraph 2 of Schedule 12 to this Order, upon the stopping up and discontinuance of each of the level crossings referred to in paragraph (1), any right of way over the part of the street specified in relation to it in column (3) of Schedule 3 to this Order shall be extinguished.
3
Paragraphs (1) and (2) shall not take effect with respect to a level crossing until the accommodation works specified in relation to it in column (4) of Schedule 3 to this Order have been completed to the reasonable satisfaction of the street authority and are open for use.
4
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Replacement and closure of footpath level crossings
8
1
Subject to paragraph (3), each specified footpath shall be stopped up and discontinued.
2
Subject to paragraph (3) and paragraph 2 of Schedule 12 to this Order, upon the stopping up and discontinuance of a specified footpath, any right of way over it shall be extinguished.
3
Paragraphs (1) and (2) shall not take effect with respect to a footpath specified in columns (1) and (3) of Part I of Schedule 4 to this Order until the footpath specified in relation to it in column (4) of that Part of that Schedule is open for use in accordance with the reasonable requirements of the highway authority.
4
In providing the footpaths specified in column (4) of Part I of Schedule 4 to this Order, Network Rail may within the Order limits erect barriers and signs and carry out or provide any ancillary works or conveniences, subject to the agreement of the highway authority which agreement shall not be unreasonably withheld.
5
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
6
A footpath shall be created between points F24 and F25, to be substituted for part of footpath FP35 in the Borough of Stafford and, subject to paragraphs (7) to (10), in relation to that new footpath, section 28 of the Highways Act 1980 (compensation for loss caused by public path creation order) shall apply as if the right of way between those points had been created by a public path creation order.
7
In its application by virtue of paragraph (6), section 28 of the Highways Act 1980 shall have effect with the following modifications.
8
In sub-section (1), for the words “the authority by whom the order was made” there shall be substituted the words “Network Rail Infrastructure Limited”.
9
For sub-section (2), there shall be substituted —
2
A claim for compensation under this section shall be made to Network Rail Infrastructure Limited in writing within six months from the coming into force of the Network Rail (West Coast Main Line) Order 2003 and shall be served on Network Rail Infrastructure Limited by delivering it at, or by sending it by pre-paid post to, 40 Melton Street, London, NW1 2EE.
10
Sub-section (3) shall be omitted.
11
For the purposes of paragraphs (6) to (10), section 307 of the Highways Act 1980 (disputes as to compensation which are to be determined by Lands Tribunal and related provisions), in its application to section 28 by virtue of section 307(1), shall have effect as if in sub-section (2) for the words “the authority from whom the compensation in question is claimed”, there were substituted the words “Network Rail Infrastructure Limited”.
12
In this article “specified footpath” means any of the footpaths or lengths of footpath specified in columns (1) and (3) of Parts I and II of Schedule 4 to this Order which are crossed on the level by Network Rail’s railway at the level crossings specified in column (2) of Parts I and II of that Schedule.
Preston Brook accommodation crossing
9
1
Notwithstanding anything in section 180 of the Act of 1833 entitled “An Act for making a Railway from the Warrington and Newton Railway at Warrington in the County of Lancaster to Birmingham in the County of Warwick, to be called the Grand Junction Railway” or any other enactment, all rights of way (if any) between points C1 and C2 over the former accommodation crossing at Preston Brook in the Borough of Halton shall be extinguished.
2
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Streets
Power to control vehicles using Berkswell Underpass
10
1
Network Rail may, for the purpose of controlling the traffic, and restricting the height and width of vehicles, using the Berkswell Underpass, subject to such requirements as the Secretary of State may from time to time lay down, place and maintain in any street at or near the Berkswell Underpass, traffic signs and structures or other devices to enforce height and width restrictions of a type prescribed by regulations made under section 64(1)(a) of the Road Traffic Regulation Act 1984 (“the 1984 Act ”) or of a character authorised by the Secretary of State.
2
Network Rail —
a
shall consult with the traffic authority as to the placing of traffic signs, structures or devices; and
b
unless the traffic authority are unwilling to do so and subject to any directions given under section 65 of the 1984 Act, shall enter into arrangements with the traffic authority for the traffic signs, structures or devices to be placed and maintained by the traffic authority.
3
Any power conferred by section 65 of the 1984 Act to give directions to a traffic authority or local traffic authority as to traffic signs shall include a power to give directions to Network Rail as to traffic signs, structures or devices under this article; and, accordingly, the powers conferred by paragraph (1) shall be exercisable subject to and in conformity with any directions given under that section.
4
In this article —
a
“the Berkswell Underpass” means the vehicular underpass at Berkswell level crossing in the Metropolitan borough of Solihull whereby Station Road and Truggist Lane pass beneath the London to Birmingham Section; and
b
expressions used in this article and in the 1984 Act shall have the same meaning as in that Act.
Power to execute street works
11
1
Network Rail may, for the purposes of the authorised works, enter upon so much of any of the streets specified in Schedule 5 to this Order as is within the Order limits and may —
a
place apparatus in the street,
b
maintain apparatus in the street or change its position, and
c
execute any works required for or incidental to any works referred to in sub-paragraphs (a) and (b) (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
2
This article is subject to paragraph 3 of Schedule 12 to this Order.
3
In this article “apparatus” has the same meaning as in Part III of the Street Works Act.
Permanent stopping up of streets and extinguishment of rights
12
1
Subject to the provisions of this article, Network Rail may, in connection with the construction of the authorised works, permanently stop up each of the streets specified in columns (1) and (2) of Parts I and II of Schedule 6 to this Order to the extent specified in column (3) of those Parts of that Schedule.
2
No street specified in columns (1) and (2) of Part I of Schedule 6 to this Order shall be wholly or partly stopped up under this article unless —
a
the new street to be substituted for it, and which is specified in relation to it in column (4) of that Part of that Schedule, has been completed to the reasonable satisfaction of the street authority and is open for use; or
b
a temporary alternative route, which has been approved by the street authority (such approval not to be unreasonably withheld), is available between the commencement and termination points of the street to be stopped up pending completion of the new street in accordance with sub-paragraph (a).
3
No street specified in columns (1) and (2) of Part II of Schedule 6 to this Order shall be wholly or partly stopped up under this article unless the condition specified in paragraph (4) is satisfied in relation to all the relevant land; and for this purpose “relevant land” means any land which abuts on either side of the street to be stopped up.
4
The condition referred to in paragraph (3) is that —
a
Network Rail is in possession of the land,
b
there is no right of access to the land from the street concerned,
c
there is reasonably convenient access to the land otherwise than from the street concerned, or
d
the owners and occupiers of the land have agreed to the stopping up.
5
Where a street has been permanently stopped up under this article —
a
all rights of way over or along the street so stopped up shall be extinguished (other than, in the case of Canley Road in the City of Coventry between points S1 and S4 and between points S2 and S3, a right of way on foot); and
b
Network Rail may, without making any payment but subject to sections 77 to 85E of, and Schedules 1 to 3 to, the Railways Clauses Consolidation Act 1845 (which relate to minerals under railways) appropriate and use for the purposes of its railway undertaking so much of the site of the street as is bounded on both sides by land owned by Network Rail.
6
Any person who suffers loss by the extinguishment of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
7
This article is subject to paragraph 2 of Schedule 12 to this Order and is without prejudice to articles 7 and 8.
Temporary stopping up of streets
13
1
Network Rail, during and for the purposes of the execution of the authorised works, may temporarily stop up, alter or divert any street and may for any reasonable time —
a
divert the traffic from the street, and
b
subject to paragraph (3), prevent all persons from passing along the street.
2
Without prejudice to the generality of paragraph (1), Network Rail may use any street stopped up under the powers of this article as a temporary working site.
3
Network Rail shall provide reasonable access for pedestrians going to or from premises abutting on a street affected by the exercise of the powers conferred by this article if there would otherwise be no such access.
4
Without prejudice to the generality of paragraph (1), Network Rail may exercise the powers conferred by this article in relation to the streets specified in columns (1) and (2) of Schedule 7 to this Order within the Order limits.
5
Network Rail shall not exercise the powers conferred by this article —
a
in relation to any street specified as mentioned in paragraph (4) without first consulting the street authority; and
b
in relation to any other street without the consent of the street authority, but such consent shall not be unreasonably withheld.
6
The provisions of the Street Works Act mentioned in paragraph (7), and any regulations made, or code of practice issued or approved under, those provisions shall apply (with the necessary modifications) in relation to the stopping up, alteration or diversion of a street by Network Rail under the powers conferred by this article where no street works are executed in that street as they would apply if the stopping up, alteration or diversion were occasioned by street works executed in that street by Network Rail.
7
The provisions of the Street Works Act referred to in paragraph (6) are —
section 54 (advance notice of certain works);
section 55 (notice of starting date of works);
section 59 (general duty of street authority to co-ordinate works);
section 60 (general duty of undertakers to co-operate);
section 69 (works likely to affect other apparatus in the street);
section 76 (liability for cost of temporary traffic regulation);
section 77 (liability for cost of use of alternative route); and
all such other provisions as apply for the purposes of the provisions mentioned above.
8
Any person who suffers loss by the suspension of a private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
Access to works
14
Network Rail may, for the purposes of the authorised works —
a
form and lay out means of access, or improve existing means of access, to the streets specified in columns (1) and (2) of Schedule 8 to this Order at or about the points marked “A”; and
b
with the approval of the highway authority (such approval not to be unreasonably withheld), form and lay out means of access, or improve existing means of access, at such other locations within the Order limits as Network Rail reasonably requires for the purposes of the authorised works.
Construction and maintenance of new or altered streets
15
1
Any street to be constructed under this Order shall be completed to the reasonable satisfaction of the highway authority and shall, unless otherwise agreed, be maintained by and at the expense of Network Rail for a period of 24 months from its completion and at the expiry of that period —
a
in the case of a highway, by and at the expense of the highway authority; and
b
in the case of a new private access, by and at the expense of the owners and occupiers.
2
Where a street is altered or diverted under this Order, the altered or diverted part of the street shall when completed to the reasonable satisfaction of the street authority, unless otherwise agreed, be maintained by and at the expense of Network Rail for a period of 24 months from its completion and at the expiry of that period by and at the expense of the street authority.
3
Paragraphs (1) and (2) do not apply in relation to the structure of any bridge or tunnel carrying a street over or under any railway of Network Rail.
4
Nothing in this article shall prejudice the operation of section 87 of the Street Works Act (prospectively maintainable highways); and Network Rail shall not by reason of any duty under this article to maintain a street be taken to be the street authority in relation to that street for the purposes of Part III of that Act.
5
Nothing in this article shall have effect in relation to street works as respects which the provisions of Part III of the Street Works Act apply.
Construction of bridges and tunnels
16
Any bridge or tunnel to be constructed or reconstructed under this Order for carrying a highway over or under a railway shall be constructed or reconstructed in accordance with plans and specifications approved by the highway authority, but such approval shall not be unreasonably withheld.
Agreements with street authorities
17
1
A street authority and Network Rail may enter into agreements with respect to —
a
the construction of any new street (including any structure carrying the street over or under a railway) under the powers conferred by this Order;
b
the maintenance of the structure of any bridge or tunnel carrying a street over or under a railway;
c
any stopping up, alteration or diversion of a street under the powers conferred by this Order; or
d
the execution in the street of any of the works referred to in article 11(1).
2
Such an agreement may, without prejudice to the generality of paragraph (1) —
a
make provision for the street authority to carry out any function under this Order which relates to the street in question; and
b
contain such terms as to payment and otherwise as the parties consider appropriate.
Supplemental powers
Temporary closure of part of Grand Union Canal
18
1
In this article “the waterway” means so much of the Grand Union Canal and the towing path, numbered 5 on the deposited plans, in the district of South Northamptonshire in the county of Northamptonshire as lies within the limits of deviation of Work No. 1.
2
Network Rail, during and for the purpose of the construction of Work No. 1, may temporarily close and de-water any part of the waterway and divert barges and other boats from any part of the waterway.
3
During the period of the closure referred to in paragraph (2), all rights of navigation along, and obligations of the British Waterways Board to maintain for navigation, the waterway or part thereof so closed shall be suspended and unenforceable against the British Waterways Board.
4
Any person who suffers loss by the suspension of any right under this article shall be entitled to be paid by Network Rail compensation, to be determined in the case of dispute by the tribunal.
Temporary closure of part of Oxford Canal
19
1
In this article “the waterway” means so much of the Oxford Canal and the towing path, numbered 63, 64, 65, 66 and 67 on the deposited plans, in the borough of Rugby in the county of Warwickshire as lies within the Order limits.
2
Network Rail, during and for the purpose of the construction of Work No. 12, may temporarily close and de-water any part of the waterway and divert barges and other boats from any part of the waterway.
3
During the period of the closure referred to in paragraph (2), all rights of navigation along, and obligations of the British Waterways Board to maintain for navigation, the waterway or part thereof so closed shall be suspended and unenforceable against the British Waterways Board.
4
Any person who suffers loss by the suspension of any right under this article shall be entitled to be paid by Network Rail compensation, to be determined in the case of dispute by the tribunal.
Temporary closure of part of Trent and Mersey Canal
20
1
In this article “the waterway” means so much of the Trent and Mersey Canal and the towing path, numbered 286, 287, 291, and 292 on the deposited plans, in the district of Lichfield in the county of Staffordshire as lies within the Order limits.
2
Network Rail, during and for the purpose of the construction of Work No. 22, may temporarily close and de-water any part of the waterway and divert barges and other boats from any part of the waterway.
3
During the period of the closure referred to in paragraph (2), all rights of navigation along, and obligations of the British Waterways Board to maintain for navigation, the waterway or part thereof so closed shall be suspended and unenforceable against the British Waterways Board.
4
Any person who suffers loss by the suspension of any right under this article shall be entitled to be paid by Network Rail compensation, to be determined in the case of dispute by the tribunal.
Discharge of water
21
1
Network Rail may use any watercourse or any public sewer or drain for the drainage of water in connection with the construction or maintenance of the authorised works and for that purpose may lay down, take up and alter pipes and may, on any land within the Order limits, make openings into, and connections with, the watercourse, sewer or drain.
2
Network Rail shall not discharge any water into any watercourse, public sewer or drain except with the consent of the authority to which it belongs; and such consent may be given subject to such terms and conditions as the authority may reasonably impose but shall not be unreasonably withheld.
3
Network Rail shall not make any opening into any public sewer or drain except in accordance with plans approved by, and under the superintendence (if provided) of, the authority to which the sewer or drain belongs, but such approval shall not be unreasonably withheld.
4
Network Rail shall not, in the exercise of the powers conferred by this article, damage or interfere with the bed or banks of any watercourse forming part of a main river.
5
Network Rail shall take such steps as are reasonably practicable to secure that any water discharged into a watercourse or public sewer or drain under the powers conferred by this article is as free as may be practicable from gravel, soil or other solid substance or oil or matter in suspension.
6
This article does not authorise the entry into controlled waters of any matter whose entry or discharge into controlled waters is prohibited by section 85(1), (2) or (3) of the Water Resources Act 1991 .
7
In this article —
a
“public sewer or drain” means a sewer or drain which belongs to a sewerage undertaker, the Environment Agency, an internal drainage board, a local authority or a joint planning board;
b
“watercourse” includes all rivers, streams, ditches, drains, cuts, culverts, dykes, sluices, sewers and passages through which water flows except a public sewer or drain; and
c
other expressions used both in this article and in the Water Resources Act 1991 have the same meaning as in that Act.
Protective works to buildings
22
1
Subject to the following provisions of this article, Network Rail may at its own expense and from time to time carry out such protective works to any building within the Order limits and lying within 35 metres of any of the authorised works as Network Rail considers to be necessary or expedient.
2
Protective works may be carried out —
a
at any time before or during the construction in the vicinity of the building of any part of the authorised works; or
b
after the completion of the construction of that part of the authorised works, at any time up to the end of the period of 5 years beginning with the day on which that part of the authorised works is first opened for use.
3
For the purpose of determining how the functions under this article are to be exercised Network Rail may enter and survey any building falling within paragraph (1) and any land belonging to it.
4
For the purpose of carrying out protective works under this article to a building Network Rail may (subject to paragraphs (5) and (6)) —
a
enter the building and any land belonging to it; and
b
where the works cannot be carried out reasonably conveniently without entering land adjacent to the building, enter the adjacent land (but not any building erected on it).
5
Before exercising —
a
a right under paragraph (1) to carry out protective works to a building;
b
a right under paragraph (3) to enter a building;
c
a right under paragraph (4)(a) to enter a building or land; or
d
a right under paragraph (4)(b) to enter land,
Network Rail shall, except in the case of emergency, serve on the owners and occupiers of the building or land not less than 14 days' notice of its intention to exercise that right and, in a case falling within sub-paragraph (a) or (c), specifying the protective works proposed to be carried out.
6
Where notice is served under paragraph (5)(a), (c) or (d), the owner or occupier of the building or land concerned may, by serving a counter-notice within the period of 10 days beginning with the day on which the notice was served, require the question whether it is necessary or expedient to carry out the protective works or to enter the building or land to be referred to arbitration under article 46.
7
Network Rail shall compensate the owners and occupiers of any building or land in relation to which the powers of this article have been exercised for any loss or damage arising to them by reason of the exercise of those powers.
8
Where —
a
protective works are carried out under this article to a building; and
b
within the period of 5 years beginning with the day on which the part of the authorised works constructed within the vicinity of the building is first opened for use it appears that the protective works are inadequate to protect the building against damage caused by the construction or operation of that part of the works,
Network Rail shall compensate the owners and occupiers of the building for any damage sustained by them.
9
Nothing in this article shall relieve Network Rail from any liability to pay compensation under section 10(2) of the 1965 Act.
10
Any compensation payable under paragraph (7) or (8) shall be determined, in case of dispute, under Part I of the 1961 Act.
11
In this article —
a
“building” includes any structure or erection or any part of a building, structure or erection;
b
any reference to a building within a specified distance of a work includes —
i
in the case of a work under the surface of the ground, a reference to any building within the specified distance of the point on the surface below which the work is situated; and
ii
where a work has not commenced, a reference to a building within the specified distance of the proposed site of the work; and
c
“protective works”, in relation to a building, means —
i
underpinning, strengthening and any other works the purpose of which is to prevent damage which may be caused to the building by the construction, maintenance or operation of the authorised works; and
ii
any works the purpose of which is to remedy any damage which has been caused to the building by the construction, maintenance or operation of the authorised works.
Power to survey and investigate land
23
1
Network Rail may for the purposes of this Order —
a
survey or investigate any land within the Order limits;
b
without prejudice to the generality of sub-paragraph (a), make trial holes in such positions as it thinks fit on any such land to investigate the nature of the surface layer and subsoil and remove soil samples;
c
without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on any such land;
d
place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) to (c); and
e
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).
2
No land may be entered, or equipment placed or left on or removed from the land under paragraph (1), unless at least 7 days' notice has been served on every owner and occupier of the land.
3
Any person entering land under this article on behalf of Network Rail —
a
shall, if so required, before or after entering the land produce written evidence of his authority to do so; and
b
may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
4
No trial holes shall be made under this article in a carriageway or footway without the consent of the street authority, but such consent shall not be unreasonably withheld.
5
Network Rail shall make compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part I of the 1961 Act.
6
Nothing in this article shall obviate any need to obtain scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979 .
PART III
ACQUISITION AND POSSESSION OF LAND
Powers of acquisition
Power to acquire land
24
1
Subject to paragraphs (2) and (3), Network Rail may acquire compulsorily —
a
so much of the land shown on the deposited plans within the limits of deviation for the scheduled works shown on those plans and described in the book of reference as may be required for or in connection with the authorised works; and
b
so much of the land specified in columns (1) and (2) of Parts I and II of Schedule 2 to this Order as may be required for the purpose specified in relation to that land in column (3) of those Parts of that Schedule,
and may use any land so acquired for those purposes or for any other purposes connected with or ancillary to its railway undertaking.
2
Network Rail shall not under the powers of this Order acquire compulsorily any interest in the lands delineated on the deposited plans and thereon numbered 10 in the borough of Dacorum.
3
Network Rail shall not under the powers of this Order acquire compulsorily any interest in the lands delineated on the deposited plans and thereon numbered 79b, 266b and 274b in the district of Lichfield except that Network Rail may enter upon and take temporary possession of the land in accordance with paragraph (4).
4
The provisions of article 30 shall apply in relation to the entering upon and taking possession of the lands mentioned in paragraph (3) as if —
a
the land numbered 79b were specified in columns (1) and (2) of Schedule 11 to this Order for the purpose of use as a working site and access in relation to Work Nos. 22, 24, 24A and 24B; and
b
the lands numbered 266b and 274b were specified in columns (1) and (2) of Schedule 11 to this Order for the purpose of use as working sites and accesses in relation to Work No. 22.
5
This article is subject to articles 28, 30(8) and 40.
Application of Part I of Compulsory Purchase Act 1965
25
1
Part I of the 1965 Act, in so far as not modified by or inconsistent with the provisions of this Order, shall apply to the acquisition of land under this Order —
a
as it applies to a compulsory purchase to which the Acquisition of Land Act 1981 applies; and
b
as if this Order were a compulsory purchase order under that Act.
2
Part I of the 1965 Act, as so applied, shall have effect as if —
a
section 4 (which provides a time limit for compulsory purchase of land) and paragraph 3(3) of Schedule 3 (which makes provision as to the giving of bonds) were omitted; and
b
in section 11(1) (which confers power to enter on and to take possession of land subject to a notice to treat on giving not less than 14 days' notice) for the reference to 14 days' notice there were substituted —
i
in a case where the notice to treat relates only to the acquisition of subsoil or the acquisition of an easement or other right over the land, a reference to notice of one month; or
ii
in any other case, a reference to notice of 3 months.
Power to acquire new rights
26
1
Subject to article 24(2) and (3), Network Rail may compulsorily acquire such easements or other rights over any land referred to in paragraph (1)(a) or (b) of article 24 as may be required for any purpose for which that land may be acquired under that provision, by creating them as well as by acquiring easements or other rights already in existence.
2
Subject to section 8 of the 1965 Act (as substituted by paragraph 5 of Schedule 9 to this Order), where Network Rail acquires a right over land under paragraph (1) it shall not be required to acquire a greater interest in it.
3
Schedule 9 to this Order shall have effect for the purpose of modifying the enactments relating to compensation and the provisions of the 1965 Act in their application in relation to the compulsory acquisition under this article of a right over land by the creation of a new right.
4
In relation to land to which this paragraph applies, article 24, so far as relating to the acquisition or creation of easements or other rights by virtue of paragraph (1), shall be treated as also authorising acquisition by a statutory utility in any case where the Secretary of State gives his consent in writing.
5
Paragraph 4 applies to land within the Order limits which is or will be required for use in relocating any apparatus which it is expedient to divert or replace in consequence of the carrying out of the works authorised by this Order; and in that paragraph “statutory utility” means a licence holder within the meaning of Part I of the Electricity Act 1989 , a public gas transporter within the meaning of Part I of the Gas Act 1986 , a water undertaker within the meaning of the Water Industry Act 1991 , a sewerage undertaker within the meaning of Part I of that Act and any local authority which is a relevant authority for the purposes of section 97 of that Act.
Power to acquire subsoil only
27
1
Subject to article 24(2) and (3), Network Rail may compulsorily acquire so much of the subsoil of the land referred to in paragraph (1)(a) or (b) of article 24 as may be required for any purpose for which that land may be acquired under that provision instead of acquiring the whole of the land.
2
Where Network Rail acquires any part of the subsoil of land under paragraph (1) it shall not be required to acquire an interest in any other part of the land.
3
Paragraph (2) shall not prevent article 32 from applying where Network Rail acquires a cellar, vault, arch or other construction forming part of a house, building or factory.
Cases where powers of acquisition limited to soil nailing rights
28
1
This article applies to the land specified in Schedule 10 to this Order.
2
In the case of land to which this article applies, Network Rail’s powers of compulsory acquisition under article 24 shall be limited to the acquisition of soil nailing rights in the subsoil of so much of the land as lies within three metres of land owned by Network Rail.
3
Where Network Rail acquires soil nailing rights in the subsoil of land to which this article applies, it shall not be required to acquire a greater interest in the land or an interest in any other part of it.
4
In this article “soil nailing rights” means rights to insert soil nails into the subsoil or to carry out other subsoil works for the purposes of strengthening and stabilising the railway cutting.
5
References in this article to the subsoil of land are references to the subsoil lying more than one metre beneath the level of the surface of the land; and for this purpose “the level of the surface of the land” means —
a
in the case of any land on which a building is erected, the level of the surface of the ground adjoining the building; or
b
in any other case, ground surface level.
Rights under streets
29
1
Network Rail may enter upon and appropriate so much of the subsoil of any street within the Order limits as may be required for the purposes of the authorised works and may use the subsoil for those purposes or any other purpose connected with or ancillary to its railway undertaking.
2
The power under paragraph (1) may be exercised in relation to a street without Network Rail being required to acquire any part of the street or any easement or right in the street.
3
Subject to paragraph (4), any person, who is an owner or occupier of land in respect of which the power of appropriation conferred by paragraph (1) is exercised without Network Rail acquiring any part of that person’s interest in the land and who suffers loss by the exercise of that power, shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
Paragraph (2) shall not apply in relation to —
a
any subway or underground building, or
b
any cellar, vault, arch or other construction in or on a street which forms part of a building fronting onto the street.
Temporary possession of land
Temporary use of land for construction of works
30
1
Network Rail may, in connection with the carrying out of the authorised works —
a
enter upon and take temporary possession of the land specified in columns (1) and (2) of Schedule 11 to this Order for the purpose specified in relation to that land in column (3) of that Schedule relating to the works or the facilities (or any of those works or facilities) so specified in column (4) of that Schedule;
b
remove any buildings and vegetation from that land; and
c
construct temporary works (including the provision of means of access) and buildings on the land.
2
Not less than 28 days before entering upon and taking temporary possession of land under this article Network Rail shall serve notice of the intended entry on the owners and occupiers of the land.
3
Network Rail may not, without the agreement of the owners of the land, remain in possession of any land under this article after the end of the period of one year beginning with the date of completion of the work or works, or the date of the provision of the facility or facilities, specified in relation to that land in column (4) of Schedule 11 to this Order.
4
Before giving up possession of land of which temporary possession has been taken under this article, Network Rail shall remove all temporary works and restore the land to the reasonable satisfaction of the owners of the land; but Network Rail shall not be required to replace a building removed under this article.
5
Network Rail shall pay compensation to the owners and occupiers of land of which temporary possession is taken under this article for any loss or damage arising from the exercise in relation to the land of the powers conferred by this article.
6
Any dispute as to a person’s entitlement to compensation under paragraph (5), or as to the amount of the compensation, shall be determined under Part I of the 1961 Act.
7
Without prejudice to article 45, nothing in this article shall affect any liability to pay compensation under section 10(2) of the 1965 Act or under any other enactment in respect of loss or damage arising from the execution of any works, other than loss or damage for which compensation is payable under paragraph (5).
8
Subject to paragraph (9), the powers of compulsory acquisition of land conferred by this Order shall not apply in relation to the land referred to in paragraph (1).
9
Network Rail shall not be precluded from acquiring over any part of the land referred to in paragraph (1) —
a
new rights under article 26, or
b
soil nailing rights under article 28.
10
Where Network Rail takes possession of land under this article, it shall not be required to acquire the land or any interest in it.
11
In this article “building” includes structure or any other erection.
Compensation
Disregard of certain interests and improvements
31
1
In assessing the compensation (if any) payable to any person on the acquisition from him of any land under this Order, the tribunal shall not take into account —
a
any interest in land, or
b
any enhancement of the value of any interest in land by reason of any building erected, works executed or improvement or alteration made on relevant land,
if the tribunal is satisfied that the creation of the interest, the erection of the building, the execution of the works or the making of the improvement or alteration was not reasonably necessary and was undertaken with a view to obtaining compensation or increased compensation.
2
In paragraph (1) “relevant land” means the land acquired from the person concerned or any other land with which he is, or was at the time when the building was erected, the works executed or the improvement or alteration made, directly or indirectly concerned.
Supplementary
Acquisition of part only of certain properties
32
1
This article shall apply instead of section 8(1) of the 1965 Act (as applied by article 25) in any case where —
a
a notice to treat is served on a person (“the owner”) under the 1965 Act (as so applied) in respect of land forming only part of a house, building or factory or of land consisting of a house with a park or garden (“the land subject to the notice to treat”); and
b
a copy of this article is served on the owner with the notice to treat.
2
In such a case, the owner may, within the period of 21 days beginning with the day on which the notice was served, serve on Network Rail a counter-notice objecting to the sale of the land subject to the notice to treat and stating that he is willing and able to sell the whole (“the land subject to the counter-notice”).
3
If no such counter-notice is served within that period, the owner shall be required to sell the land subject to the notice to treat.
4
If such a counter-notice is served within that period, the question whether the owner shall be required to sell only the land subject to the notice to treat shall, unless Network Rail agrees to take the land subject to the counter-notice, be referred to the tribunal.
5
If on such a reference the tribunal determine that the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the owner shall be required to sell the land subject to the notice to treat.
6
If on such a reference the tribunal determine that only part of the land subject to the notice to treat can be taken —
a
without material detriment to the remainder of the land subject to the counter-notice; or
b
in the case of part of land consisting of a house with a park or garden, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house,
the notice to treat shall be deemed to be a notice to treat for that part.
7
If on such a reference the tribunal determine that —
a
the land subject to the notice to treat cannot be taken without material detriment to the remainder of the land subject to the counter-notice; but
b
the material detriment is confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land to which the material detriment is confined in addition to the land already subject to the notice, whether or not the additional land is land which Network Rail is authorised to acquire compulsorily under this Order.
8
If Network Rail agrees to take the land subject to the counter-notice, or if the tribunal determine that —
a
none of the land subject to the notice to treat can be taken without material detriment to the remainder of the land subject to the counter-notice or, as the case may be, without material detriment to the remainder of the land subject to the counter-notice and without seriously affecting the amenity and convenience of the house; and
b
the material detriment is not confined to a part of the land subject to the counter-notice,
the notice to treat shall be deemed to be a notice to treat for the land subject to the counter-notice whether or not the whole of that land is land which Network Rail is authorised to acquire compulsorily under this Order.
9
In any case where by virtue of a determination by the tribunal under this article a notice to treat is deemed to be a notice to treat for less land or more land than that specified in the notice, Network Rail may, within the period of 6 weeks beginning with the day on which the determination is made, withdraw the notice to treat; and, if it does so, shall pay the owner compensation for any loss or expense occasioned to him by the giving and withdrawal of the notice, to be determined, in case of dispute, by the tribunal.
10
Where the owner is required under this article to sell only part of a house, building or factory or of land consisting of a house with a park or garden, Network Rail shall pay him compensation for any loss sustained by him due to the severance of that part in addition to the value of the interest acquired.
Extinction or suspension of private rights of way
33
1
All private rights of way over land held and used by Network Rail for the purposes of the authorised works or subject to compulsory acquisition under this Order shall be extinguished —
a
as from the use by Network Rail of the land for the purposes of the authorised works;
b
as from the acquisition of the land by Network Rail, whether compulsorily or by agreement; or
c
on the entry on the land by Network Rail under section 11(1) of the 1965 Act,
whichever is sooner.
2
All private rights of way over land of which Network Rail takes temporary possession under this Order shall be suspended and unenforceable for as long as Network Rail remains in lawful possession of the land.
3
Any person who suffers loss by the extinguishment or suspension of any private right of way under this article shall be entitled to compensation to be determined, in case of dispute, under Part I of the 1961 Act.
4
This article does not apply in relation to any right of way to which section 271 or 272 of the Town and Country Planning Act 1990 (extinguishment of rights of statutory undertakers etc. ) or paragraph 2 of Schedule 12 to this Order applies.
Time limit for exercise of powers of acquisition
34
1
No notice to treat shall be served under Part I of the 1965 Act, as applied to the acquisition of land under article 25 after the end of the period of 5 years beginning with the day on which this Order comes into force.
2
The power conferred by article 30 to enter upon and take temporary possession of land shall cease at the end of the period mentioned in paragraph (1); but this paragraph shall not prevent Network Rail remaining in possession of land in accordance with article 30 after the end of that period, if the land was entered and possession of it was taken before the end of that period.
PART IV
MISCELLANEOUS AND GENERAL
Noise
Defence to proceedings in respect of statutory nuisance
35
1
Where proceedings are brought under section 82(1) of the Environmental Protection Act 1990 (summary proceedings by persons aggrieved by statutory nuisances) in relation to a nuisance falling within paragraph (g) of section 79(1) of that Act (noise emitted from premises so as to be prejudicial to health or a nuisance) no order shall be made, and no fine may be imposed, under section 82(2) of that Act if the defendant shows —
a
that the nuisance relates to premises used by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works; and
b
that the nuisance is attributable to the carrying out of works which are being carried out in accordance with a notice served under section 60, or a consent given under section 61 or 65, of the Control of Pollution Act 1974.
2
The following provisions of the Control of Pollution Act 1974, namely —
a
section 61(9) (consent for work on construction site to include statement that it does not of itself constitute a defence to proceedings under section 82 of the Environmental Protection Act 1990); and
b
section 65(8) (corresponding provision in relation to consent for registered noise level to be exceeded),
shall not apply where the consent relates to the use of premises by Network Rail for the purposes of or in connection with the exercise of the powers conferred by this Order with respect to works.
Miscellaneous and supplementary
Certain land to be treated as operational land
36
Planning permission which is deemed by a direction under section 90(2A) of the Town and Country Planning Act 1990 to be granted in relation to works authorised by this Order shall be treated as specific planning permission for the purposes of section 264(3)(a) of that Act (cases in which land is to be treated as operational land for the purposes of that Act).
Maintenance of approved works etc.
37
1
Where pursuant to regulations made under section 41 of the 1992 Act (approval of works, plant and equipment) approval has been obtained from the Health and Safety Executive with respect to any works, plant or equipment (including vehicles) forming part of the railways authorised by this Order, such works, plant and equipment shall not be used in a state or condition other than that in which they were at the time that the approval was given unless any change thereto does not materially impair the safe operation of the railways so authorised.
2
If without reasonable cause the provisions of paragraph (1) are contravened, Network Rail shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
3
No proceedings shall be instituted in England and Wales in respect of an offence under this article except by or with the consent of the Health and Safety Executive or the Director of Public Prosecutions.
Public open space
38
1
As from the later of —
a
the date on which this Order comes into force,
b
the date on which the special category land is vested in Network Rail, or
c
the date on which the exchange land is vested in Network Rail,
the exchange land shall vest in the district of Lichfield.
2
Upon the vesting of the exchange land in the district of Lichfield —
a
the special category land shall be discharged from all rights, trusts and incidents to which it was previously subject; and
b
the exchange land shall be subject to the like rights, trusts and incidents as attached to the special category land.
3
In this article —
“the special category land” means the land delineated on the deposited plans and thereon numbered 79a and 197b in the district of Lichfield; and
“the exchange land” means the land delineated on the deposited plans and thereon numbered 75b, 197c and 197d in the district of Lichfield.
Disclosure of confidential information
39
A person who —
a
enters a factory, workshop or workplace in pursuance of the provisions of article 22 or 23; and
b
discloses to any person any information obtained by him relating to any manufacturing process or trade secret,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land.
Saving for regulated rights etc.
40
Nothing in this Order shall affect any estate, right or interest granted by Network Rail in respect of a railway facility which is subject to an access contract within the meaning of Part I of the Railways Act 1993 .
Statutory undertakers etc.
41
The provisions of Schedule 12 to this Order shall have effect.
Protective provisions
42
The provisions of Schedule 13 to this Order shall have effect.
Certification of plans etc.
43
Network Rail shall, as soon as practicable after the making of this Order, submit copies of the book of reference, the deposited sections and the deposited plans to the Secretary of State for certification that they are true copies of, respectively, the book of reference, deposited sections and deposited plans referred to in this Order; and a document so certified shall be admissible in any proceedings as evidence of the contents of the document of which it is a copy.
Service of notices
44
1
A notice or other document required or authorised to be served for the purposes of this Order may be served by post.
2
Where the person on whom a notice or other document to be served for the purposes of this Order is a body corporate, the notice or document is duly served if it is served on the secretary or clerk of that body.
3
For the purposes of section 7 of the Interpretation Act 1978 as it applies for the purposes of this article, the proper address of any person in relation to the service on him of a notice or document under paragraph (1) is, if he has given an address for service, that address, and otherwise —
a
in the case of the secretary or clerk of a body corporate, the registered or principal office of that body; and
b
in any other case, his last known address at the time of service.
4
Where for the purposes of this Order a notice or other document is required or authorised to be served on a person as having any interest in, or as the occupier of, land and his name or address cannot be ascertained after reasonable enquiry, the notice may be served by —
a
addressing it to him by name or by the description of “owner”, or as the case may be “occupier”, of the land (describing it); and
b
either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
5
This article shall not be taken to exclude the employment of any method of service not expressly provided for by it.
No double recovery
45
Compensation shall not be payable in respect of the same matter both under this Order and under any other enactment, any contract or any rule of law.
Arbitration
46
Any difference under any provision of this Order (other than a difference which falls to be determined by the tribunal) shall be referred to and settled by a single arbitrator to be agreed between the parties or, failing agreement, to be appointed on the application of either party (after notice in writing to the other) by the President of the Institution of Civil Engineers.
Signed by authority of the Secretary of State for Transport
Ellis Harvey
Head of the Transport and Works Act Orders Unit,
Department for Transport
7th April 2003


text:
1
This Order may be cited as The A64 Trunk Road (City of Leeds/North Yorkshire County Boundary to A64/A1 Roundabout) (Detrunking) Order 2003 and shall come into force on 1st July 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/388, marked “The A64 Trunk Road (City of Leeds/North Yorkshire County Boundary to A64/A1 Roundabout) (Detrunking) Order 2003”, signed by authority of the Secretary of State for Transport, and deposited at DfT, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
iii
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iv
“the trunk road” means the Leeds to Scarborough Trunk Road (A64).
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Secretary of State notifies North Yorkshire County Council (who will become the highway authority responsible for that length) that the Order has come into force.
Signed by authority of the Secretary of State for Transport
Phil Stanton
A Divisional Director, Highways Agency
21st May 2003


text:
Title, commencement and extent
1
This Order may be cited as the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) (Amendment) Order 2003 and shall come into force on 7th July 2003.
Amendment of the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001
2
Except insofar as it extends to Northern Ireland, the Sea Fish (Specified Sea Areas) (Regulation of Nets and Other Fishing Gear) Order 2001 is amended in accordance with the following provisions of this Order.
3
In article 2(1), the definition of “extension piece” shall be omitted and the definition of “the Council Regulation” shall be replaced with the following definition —
“the Council Regulation” means Council Regulation ( EC ) No. 850/98 for the conservation of fishery resources through technical measures for the protection of juveniles of marine organisms as last amended by Council Regulation (EC) No. 973/2001 ;
.
4
In article 3(1) and 3(2), the phrase, “articles 4 and 6 apply” shall be replaced with “article 4 applies”.
5
In article 3(3), the phrase, “Articles 4 and 6 do not apply” shall be replaced with “Article 4 does not apply”.
6
Article 6 is deleted.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
9th June 2003
Paul Murphy
Secretary of State for Northern Ireland
11th June 2003


text:
Citation, application and commencement
1
These Regulations, which apply in England only, may be cited as the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2003 and shall come into force on 1st September 2003.
Amendment of the 1993 Regulations
2
The Non-Domestic Rating (Alteration of Lists and Appeals) Regulations 1993 shall be amended as follows —
a
in regulation 4A, after paragraph (6) insert —
6A
No proposal may be made on the grounds set out in sub-paragraph (c) of paragraph (1) where the alteration in question had effect pursuant to regulation 13(8BA).
;
b
in regulation 4B, in paragraph (1) for “(4)” insert “(4A)”;
c
in regulation 4B, after paragraph (4) insert —
4A
A proposal on the grounds set out in regulation 4A(1)(j) or (k) to alter the list for 31st March 2000 so as to show in or, as the case may be, to delete from a list for that day a hereditament which, since the list was compiled, has come into existence or ceased to exist, may be made before 1st April 2005.
;
d
in regulation 13, after paragraph (2) insert —
2A
An alteration —
a
which falls to be made after the coming into force of the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2003; and
b
is made so as —
i
to show in or, as the case may be, to delete from a list any hereditament for 31st March 2000 which, since the list was compiled, has come into existence or ceased to exist; or
ii
to correct an inaccuracy in a list for 31st March 2000,
shall have effect from 31st March 2000.
;
e
in regulation 13, in paragraph (6A) after “(2)” insert “, (2A)”;
f
in regulation 13, after paragraph (8B) insert —
8BA
An alteration —
a
which falls to be made after the coming into force of the Non-Domestic Rating (Alteration of Lists and Appeals) (Amendment) (England) Regulations 2003; and
b
is made by a valuation officer to reduce the rateable value shown in the list for a hereditament for 31st March 2000 as he came to the view, following an alteration of the rateable value shown in the list for the hereditament for 1st April 2000, that the rateable value shown in the list for the hereditament for 31st March 2000 was inaccurate,
shall have effect from 31st March 2000.
;
g
in regulation 13, in paragraph (8C) for “it is made in pursuance of a proposal.” substitute —
it is made in pursuance of a proposal; or
it has effect pursuant to paragraph (8BA) above.
;
h
in regulation 18 —
i
in sub-paragraph (b) of paragraph (2) for “paragraph (3A)” insert “paragraphs (3A) and (3B)”; and
ii
after paragraph (3A) insert —
3B
Paragraph (2)(b) does not apply in relation to an alteration which has effect pursuant to paragraph (8BA) of regulation 13.
; and
i
in regulation 19, in paragraph (2) after “13(1), (2) (except paragraph (2)(a)(iv))” insert “, (2A)”.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
25th July 2003


text:
1
1
This Order may be cited as the Communications (Bailiwick of Guernsey) Order 2003.
2
Articles 1 to 5 and Schedule 1 shall come into force on 29th December 2003 and shall be deemed to have come into force immediately following the Broadcasting (Guernsey) Order 2003 .
3
Article 6 and Schedule 2 shall, subject to paragraph (5), come into effect as provided in paragraph (4).
4
In respect of any provision of the 2003 Act that is extended to the Bailiwick of Guernsey (whether with or without modifications) by this Order and that is to any extent brought into force in the United Kingdom on a date specified in the Communications Act 2003 (Commencement No. 1) Order 2003 (“the No.1 Order”) or the Office of Communications Act 2002 (Commencement No.3) and Communications Act 2003 (Commencement No. 2) Order 2003 (“the No. 2 Order”) —
a
any provision of the 2003 Act so extended, and any modification to that provision made by this Order, shall be of no effect in or in relation to the Bailiwick of Guernsey in relation to any time before the date specified in the No. 1 Order or (as the case may be) the No. 2 Order as the date on which that provision is to come into force in the United Kingdom;
b
where any provision of the 2003 Act so extended is brought into force in the United Kingdom for certain purposes or to a certain extent, as specified in the No. 1 Order or (as the case may be) No. 2 Order, that provision, and any modification to that provision made by this Order, shall have effect in the Bailiwick of Guernsey only for the purposes or to the extent so specified;
c
any provision of the 2003 Act so extended, and any such modification, shall have effect in the Bailiwick of Guernsey subject to any transitional or transitory provision made in the No. 1 Order or (as the case may be) No. 2 Order in relation to that provision.
5
Paragraph (4) shall not apply until the day following the day on which each of the Orders therein referred to as the “No. 1 Order” and the “No. 2 Order” have been registered in the Royal Court of Guernsey.
2
In this Order —
“the 2002 Act ” means the Office of Communications Act 2002;
“the 2003 Act” means the Communications Act 2003.
3
Article 2(b) of the Wireless Telegraphy (Guernsey) Order 1998 (which inserted in section 3 of the Wireless Telegraphy Act 1998 as extended to the Bailiwick of Guernsey a new subsection (5A)) is revoked.
4
The Secretary of State shall not —
a
request OFCOM under subsection (2) of section 22 of the 2003 Act to do as respects the Bailiwick of Guernsey one or more of the things set out in subsection (1) of that section, or
b
require OFCOM under subsection (2) of section 152 of the 2003 Act to do as respects the Bailiwick of Guernsey one or more of the things set out in that subsection,
unless he has first consulted the appropriate authorities in the Bailiwick of Guernsey.
5
Sections 1, 6 and 7 of, and the Schedule to, the 2002 Act shall extend to the Bailiwick of Guernsey with the modifications set out in Schedule 1 to this Order.
6
The following provisions of the 2003 Act shall extend to the Bailiwick of Guernsey with the modifications set out in Schedule 2 to this Order:
In Part 1 (Functions of OFCOM), sections 1 to 3, 5 to 9, 11 to 13, 22, 26, 28, 30 and 31;
In Part 2 (Networks, services and the radio spectrum) —
Chapter 1 (Electronic communications networks and services), sections 32 and 138 to 144 (for the purposes only of section 191(5) and (6));
Chapter 2 (Spectrum use), sections 152, 154 to 179, 183 and 184;
Chapter 3 (Disputes and appeals), sections 185 to 192, and 195 to 197;
In Part 3 (Television and radio services) —
Chapter 1 (The BBC , C4C, the Welsh Authority, and the Gaelic Media Service), section 198 to 202;
Chapter 2 (Regulatory structure for independent television services), sections 211, 212, and 214 to 230, 231 except subsections (1) and (2)(c), 232 to 244;
Chapter 3 (Regulatory structure for independent radio services), sections 245 to 253 and 256 to 262;
Chapter 4 (Regulatory Provisions), sections 263, 264, 271, 275 to 315, 319 to 332, 334 to 336, 338 and 344 to 347;
Chapter 5 (Media ownership and control), sections 348, 350 to 357;
Chapter 6 (Other provisions about Television and Radio Services), sections 358 to 362;
In Part 6 (Miscellaneous and supplemental) —
Sections 390 to 396, 400 and 402 to 406;
Sections 410 and 411;
Schedule 1, 5, 8 to 15 and 17 to 19.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
These Regulations may be cited as the Advanced Television Services Regulations 2003 and shall come into force on 25th July 2003.
Revocation and saving
2
1
Save as provided in paragraph (2), the Advanced Television Services Regulations 1996 and the Advanced Television Services (Amendment) Regulations 1996 are hereby revoked.
2
Regulations 1, 3, 6, 8(1), 9, 14, 15, 16 and 17 of, and Schedule 2 to, the Advanced Television Services Regulations 1996 shall remain in force in respect of television sets (within the meaning of regulation 6 thereof) and consumer equipment (within the meaning of regulation 9 thereof) which (in either case) were put on the market in any member State before 25th July 2003; and references in those Regulations to “the Director” shall be treated as references to the Office of Communications from the time (or from the first time if there is more than one) at which the transitional period provided for in section 408 of the Communications Act 2003 ends in respect of a function to be carried on by the Director thereunder.
Interpretation
3
In these Regulations —
“analogue television set” means a television set which can receive and display analogue television signals;
“conditional access service” means a service which is provided over a conditional access system;
“conditional access system” has the meaning given by section 75(3) of the Communications Act 2003;
“digital television set” means a television set with an integrated decoder of digital television signals;
“electronic communications network” has the meaning given by section 32 of the Communications Act 2003;
“electronic communications service” has the meaning given by section 32 of the Communications Act 2003;
“public electronic communications network” has the meaning given by section 151(1) of the Communications Act 2003;
“rent out” in relation to any television set or other equipment means the first supplying of that set or equipment pursuant to the making of a rental agreement, and “offer for rent” and “expose for rent”' shall be construed accordingly;
“sell” includes transfer by means of conditional sale or hire purchase, and “offer for sale” and “expose for sale” shall be construed accordingly;
“television programme” means any programme (with or without sounds) which —
is produced wholly or partly to be seen on television; and
consists of moving or still images or of legible text or of any combination of those things; and
“wide-screen television service” means a television service that consists wholly or partially of programmes produced and edited to be displayed with a height-width ratio of 16:9.
Wide-Screen Television Services
4
1
Any person providing (within the meaning of section 32(4)(a) of the Communications Act 2003) a public electronic communications network established to distribute digital television services shall have a duty to ensure that it is capable of distributing wide-screen television services and television programmes.
2
Any person who receives and redistributes television services or television programmes to the public shall have a duty to redistribute in wide-screen format all television services and television programmes he receives in that format.
3
The duties in paragraphs (1) and (2) shall be enforced as if they were conditions set under section 45 of the Communications Act 2003.
The Common Scrambling Algorithm and the transmission of unscrambled images
5
1
No person shall sell or rent out or otherwise make available, or offer or expose for sale or rent or otherwise for making available, any equipment to which this regulation applies unless that equipment possesses the capability —
a
to allow the descrambling of signals according to the common European scrambling algorithm as administered by the European Telecommunications Standards Institute ( ETSI ); and
b
to display television programmes that have been transmitted unscrambled:
save that if the equipment is rented, this regulation applies only if the rentee is in compliance with the relevant rental agreement.
2
This regulation applies to all consumer equipment intended for the reception of digital television signals and capable of descrambling such signals, except equipment which was put on the market in any member State before 25th July 2003.
Interoperability for analogue television sets
6
1
No person shall sell or rent out, or offer or expose for sale or rent, an analogue television set to which this regulation applies unless it is fitted with at least one standardised open interface socket permitting the simple connection of peripherals.
2
This regulation applies to any analogue television set with an integral viewing screen of visible diagonal greater than 42cm, except a television set which was put on the market in any member State before 25th July 2003.
3
In this regulation —
“a standardised open interface socket” means an interface that would be recognised as such in all member States;
“peripherals” includes additional decoders and digital receivers.
Interoperability for digital television sets
7
1
No person shall sell or rent out, or offer or expose for sale or rent, a digital television set to which this regulation applies unless it is fitted with at least one standardised open interface socket that permits the —
a
simple connection of peripherals; and
b
passage of all the elements of a digital television signal.
2
This regulation applies to any digital television set with an integral viewing screen of visible diagonal greater than 30cm, except a television set which was put on the market in any member State before 25th July 2003.
3
In this regulation —
“a standardised open interface socket” means an interface that would be recognised as such in all member States or conforms to an industry-wide specification;
“digital television signal” includes information relating to interactive and conditionally accessed services.
Enforcement
8
The Schedule to these Regulations shall have effect for the purposes of enforcement of regulations 5, 6 and 7.
Stephen Timms,
Minister of State for Energy, E-Commerce and Postal Services,
Department of Trade and Industry
17th July 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Wolverhampton Health Care National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Wolverhampton Health Care National Health Service Trust ;
“the new Trust” means the Wolverhampton City Primary Care Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 10th February 2003 and on behalf of the new Trust on 19th February 2003.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Title, commencement and extent
1
1
This Order may be cited as the Regulatory Reform (Sugar Beet Research and Education) Order 2003 and shall come into force on the day following the day on which it is made.
2
This Order shall extend to England and Wales only.
Interpretation
2
In this Order, “the 1984 Act ” means the Food Act 1984 .
Repeal of section 68 of the 1984 Act
3
Section 68 of the 1984 Act (research and education) is hereby repealed.
Amendment consequential on article 3 above
4
In section 69 of the 1984 Act (crop price), in subsection (3), after “section 69A” there shall be inserted “-“home-grown beet” means sugar beet grown in Great Britain; and”.
Repeal consequent on article 3 above
5
Paragraph 13 of Schedule 2 to the Food Safety Act 1990 is hereby repealed.
Whitty
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
8th May 2003