type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Motor Vehicles (Tests) (Amendment) Regulations 2004 and shall come into force on 1st August 2004.
Increases in fees
2
1
Regulation 20 of the Motor Vehicles (Tests) Regulations 1981 shall be amended as follows.
2
In the provisions specified in column (1) of the following Table for the amounts specified in column (2) there shall be substituted the amounts specified in column (3).
TABLE
(1) (2) (3) Regulation Existing Amount (£) Substituted Amount (£)
20(1)(a) 15.20 15.55 20(1)(aa) 24.85 25.45 20(1)(b) 29.00 29.70 20(1)(c)(i) 42.65 44.05 20(1)(c)(ii) 40.75 42.10 20(1)(ca) 47.85 49.35 20(1)(d)(i) 61.95 63.45 20(1)(d)(ii) 45.70 46.80 20(1)(da)(i) 95.65 98.00 20(1)(da)(ii) 61.80 63.30 20(1)(f) 44.40 45.60
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
28th June 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Education (Penalty Notices) (England) (Amendment) Regulations 2004 and shall come into force on 22nd April 2004.
2
These Regulations apply only in relation to England.
Service of notices
2
For regulation 20(2) of the Education (Penalty Notices) (England) Regulations 2004 there shall be substituted —
2
Service by post shall be deemed to have been effected, unless the contrary is proved, on the second working day after posting the notice by first-class post.
3
In this regulation “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday within the meaning of the Banking and Financial Dealings Act 1971 .
Ivan Lewis
Parliamentary Under Secretary of State
Department for Education and Skills
25th March 2004


text:
Title, commencement and interpretation
1
1
These Regulations may be cited as the Integrated Administration and Control System (Amendment) Regulations 2004 and shall come into force on 23rd February 2004.
2
In these Regulations, “the principal Regulations ” means the Integrated Administration and Control System Regulations 1993 .
Amendment of the principal Regulations
2
The principal Regulations shall be amended in accordance with the following provisions of these Regulations.
3
In paragraph (1) of regulation 2 (interpretation) —
a
after the definition of “agricultural parcel”, there shall be inserted the following definition —
“application for dairy premium and additional payments” means an application for the support scheme provided for in Chapter 7 of Title IV of Council Regulation 1782/2003;
;
b
in the definition of “area aid application”, there shall be inserted after the words “Council Regulation 3508/92 and” the words “that Regulation as applied by the first paragraph of Article 2 of Commission Regulation 2237/2003 and for the purposes”;
c
after the definition of “Commission Regulation 2316/1999”, there shall be inserted the following definition —
“Commission Regulation 2237/2003” means Commission Regulation ( EC ) No 2237/2003 laying down detailed rules for the application of certain support schemes provided for in Title IV of Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers;
;
d
after the definition of “Council Regulation 1257/1999”, there shall be inserted the following definition —
“Council Regulation 1782/2003” means Council Regulation (EC) No 1782/2003 establishing common rules for direct support schemes under the common agricultural policy and establishing certain support schemes for farmers and amending Regulations ( EEC ) No 2019/93 , (EC) No 1452/2001 , (EC) No 1453/2001 , (EC) No 1454/2001 , (EC) No 1868/94 , (EC) No 1251/1999 , (EC) No 1254/1999 , (EC) No 1673/2000 , (EEC) No 2358/71 and (EC) No 2529/2001 ;
; and
e
in the definition of “specified payment” —
i
at the end of sub-paragraph (f) there shall be deleted the word “or”; and
ii
at the end of sub-paragraph (g) there shall be deleted the word “and” and there shall be added the following sub-paragraphs —
h
the protein crop premium provided for in Chapter 2 of Title IV of Council Regulation 1782/2003;
i
the area payment for nuts provided for in Chapter 4 of Title IV of Council Regulation 1782/2003;
j
the aid for energy crops provided for in Chapter 5 of Title IV of Council Regulation 1782/2003; or
k
the dairy premium and additional payments provided for in Chapter 7 of Title IV of Council Regulation 1782/2003; and
.
4
In regulation 2A (definition of competent authority) —
a
at the end of paragraph (1)(a)(i), there shall be deleted the word “and”;
b
there shall be added after paragraph (1)(a)(ii), the following paragraph —
iii
the authority responsible for determining an application for dairy premium and additional payments; and
;
c
in paragraph (1)(b), there shall be substituted for the words “relevant application or livestock application”, the words “relevant application, livestock application, or application for dairy premium and additional payments.”; and
d
in paragraph (2), there shall be substituted for the words “or livestock application”, the words “, livestock application or application for dairy premium and additional payments.”.
5
In regulation 2C (competent authorities for the IACS year 2001 and subsequent IACS years: general rules) —
a
the words “or application for dairy premium and additional payments” shall be inserted as follows —
i
in paragraph (2), after the words “a relevant application”; and
ii
in paragraph (5), after the words “a relevant application” and after the words “livestock application”; and
b
in paragraph (3), there shall be substituted for the words “no relevant application”, the words “neither a relevant application nor an application for dairy premium and additional payments”.
6
There shall be inserted after regulation 2E the following regulation —
Date by which applications for dairy premium and additional payments must be made
2F
For the purposes of Article 3 of Commission Regulation 2237/2003, the last day on which an application for dairy premium and additional payments for any IACS year may be submitted to the competent authority shall be the 15th May immediately preceding the commencement of that IACS year.
.
7
In regulation 9 (agency arrangements), at the end of paragraph (3), there shall be added the words “and any scheme established by Title IV of Council Regulation 1782/2003.”.
Whitty
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
2nd February 2004


text:
Citation, commencement, interpretation and extent
1
1
These Regulations may be cited as the Representation of the People (Form of Canvass) (England and Wales) Regulations 2004 and shall come into force on the expiry of 14 days beginning with the day on which they are made.
2
In these Regulations, “the 2001 Regulations ” means the Representation of the People (England and Wales) Regulations 2001 .
3
These Regulations do not extend to Scotland or Northern Ireland.
Revocation
2
The Representation of the People (Form of Canvass) (England and Wales) Regulations 2003 are hereby revoked.
Prescribed forms
3
1
The form set out in Part I of the Schedule to these Regulations is hereby prescribed for use for the purposes of the canvass which is required to be conducted by section 10 of the Representation of the People Act 1983.
Amendment of provision about applications
4
In regulation 26(6) of the 2001 Regulations (applications for registration) for “the Representation of the People (Form of Canvass) (England and Wales) Regulations 2003” substitute “the Representation of the People (Form of Canvass) (England and Wales) Regulations 2004”.
Signed by authority of the Secretary of State.
Christopher Leslie
Parliamentary Under-Secretary of State
Department for Constitutional Affairs
14th July 2004


text:
Citation and commencement
1
These Regulations may be cited as the Exemption From Tax For Certain Interest Payments Regulations 2004 and shall come into force on 1st November 2004.
Interpretation
2
In these Regulations —
“ the Act ” means the Finance Act 2004;
“ the Board ” means the Commissioners of Inland Revenue;
“a company in Condition 1” means a company in Condition 1 in section 98(2) of the Act;
“a company in Condition 2” means a company in Condition 2 in section 98(3) of the Act;
“an exemption notice” is a notice issued by the Board under section 98(5) of the Act;
Request for and issue of an exemption notice and notification of refusal
3
1
An exemption notice may be issued only on the request of an officer of a company in Condition 2 or its appointed agent.
2
On receipt of a request under paragraph (1) the Board must determine whether to issue an exemption notice within three months of receipt of the request and the certificate.
3
An exemption notice must be given to the person requesting the issue of the notice and the company in Condition 1.
4
The Board must notify in writing the person requesting the issue of the notice of a refusal to issue a notice specifying the date of the refusal and the reasons for the refusal.
Information to be provided in the certificate
4
1
A person requesting the issue of an exemption notice must provide a certificate certifying that Conditions 1 to 3 in section 98 of the Act are satisfied and that section 104 of the Act (anti-avoidance) does not apply.
2
For the purposes of paragraph (1), the certificate must provide —
a
proof of the residence for tax purposes of the company in Condition 2 and, where necessary, the existence of a permanent establishment;
b
information as to the beneficial entitlement of the company in Condition 2 to the income in respect of which the payment is made;
c
details of the United Kingdom corporation tax or tax corresponding to that tax to which the company in Condition 2 is subject;
d
information establishing that the company in Condition 1 and the company in Condition 2 are 25% associates within section 99(4) of the Act; and
e
a copy of the loan agreement or other document providing the legal justification for the interest payment.
Special relationship
5
If section 103 of the Act (special relationship) applies or may apply to a payment of interest, an exemption notice may specify —
a
the amount of the payment, or
b
the method to be used for determining the amount of the payment
in relation to which the notice has effect.
Requirements where Conditions for exemption cease to be satisfied
6
1
If the person who has requested the issue of an exemption notice becomes aware that any of Conditions 1 to 3 in section 98 of the Act has ceased to be satisfied he must as soon as possible notify the Board and the company in Condition 1.
2
If the company in Condition 1 becomes aware that any of Conditions 1 to 3 in section 98 of the Act has ceased to be satisfied it must as soon as possible notify the Board.
3
An exemption notice becomes ineffective if the company in Condition 1 —
a
receives notice under paragraph (1), or
b
becomes aware that any of Conditions 1 to 3 in section 98 of the Act has ceased to be satisfied.
Cancellation of exemption notice
7
If —
a
the Board receives notice under regulation 6,
b
it appears to the Board that any of Conditions 1 to 3 in section 98 of the Act has ceased to be satisfied, or
c
it appears to the Board that section 104 of the Act (anti-avoidance) applies,
the Board may cancel the exemption notice by notice in writing to the person who requested the issue of the exemption notice and the company in Condition 1.
Recovery of tax not deducted
8
1
If after an exemption notice has been issued, it is discovered that any of Conditions 1 to 3 in section 98 of the Act was not satisfied in the case of a payment of interest and tax deductible from the payment has not been deducted, that tax may be recovered —
a
by assessment on the company in Condition 2 under Case VI of Schedule D, or
b
if a direction to that effect is given by the Board, by deduction from subsequent payments by the company in Condition 1.
2
Any tax deducted in accordance with paragraph (1)(b) shall be treated as tax deductible under section 349 of the Income and Corporation Taxes Act 1988 in respect of the payment from which it is deducted.
Appeals against refusal to issue an exemption notice or cancellation of an exemption notice
9
1
An officer of a company in Condition 2 or its appointed agent may appeal to the Special Commissioners against a refusal to issue an exemption notice or the cancellation of an exemption notice.
2
An appeal under this regulation must be by notice in writing to the Board within 30 days of the date of notification of the refusal under regulation 3 or the cancellation under regulation 7.
3
The grounds of appeal are
a
that Conditions 1 to 3 in section 98 of the Act are satisfied, and
b
section 104 of the Act (anti-avoidance) does not apply.
4
If the Special Commissioners allow the appeal, they may also —
a
in an appeal against a refusal to issue an exemption notice, direct that the Board issue an exemption notice within 14 days of its decision, or
b
in an appeal against the cancellation of an exemption notice, direct that the cancellation was ineffective.
5
The decision of the Special Commissioners shall be final.
Dave Hartnett
Helen Ghosh
Two of the Commissioners of Inland Revenue
8th October 2004


text:
1
1
This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 6 and Transitional Provisions) Order 2004.
2
In this Order “the 2003 Act ” means the Criminal Justice Act 2003.
2
1
Subject to paragraphs (3) and (4), section 279 of, and Schedule 24 (drug treatment and testing requirement in action plan order or supervision order) to, the 2003 Act shall come into force on 1 st December 2004, for the purpose of sentencing persons resident in the areas specified in paragraph (2) by courts in those areas.
2
The areas referred to in paragraph (1) are the petty sessions areas of Bradford, Calderdale, Keighley, Manchester and Newham, and that part of Teesside petty sessions area that is coterminous with the borough of Middlesbrough .
3
The commencement of the provisions referred to in paragraph (1) is of no effect in relation to the sentencing of a person convicted of an offence committed before 1st December 2004.
4
Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it shall be taken for the purposes of paragraph (3) to have been committed on the last of those days.
3
1
The provisions of the 2003 Act which are listed in paragraph (2) shall come into force on 15 th December 2004.
2
The provisions referred to in paragraph (1) are —
a
sections 98 to 110, and 112 (evidence of bad character);
b
section 331 (minor and consequential amendments) in so far as it relates to the provisions referred to in sub-paragraph (d);
c
section 332 (repeals) in so far as it relates to the provisions referred to in sub-paragraph (e);
d
in Part 5 of Schedule 36 (further and minor consequential amendments: evidence), paragraphs 79, 80 and 85; and
e
in Schedule 37 (repeals) —
i
Part 5 (evidence of bad character); and
ii
in Part 12, the entries relating to —
aa
the Bail Act 1976 (c. 63) ;
bb
the Magistrates' Courts Act 1980 (c. 43) , except the reference to section 12(1)(a)(i) of that Act;
cc
the Crime and Disorder Act 1998 (c. 37) ;
dd
the Youth Justice and Criminal Evidence Act 1999 (c. 23) ; and
ee
the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) .
4
1
The provisions of the 2003 Act which are listed in paragraph (2) shall come into force on 1 st January 2005.
2
The provisions referred to in paragraph (1) are —
a
section 113 and Schedule 6 (evidence of bad character: armed forces);
b
section 331 (minor and consequential amendments) in so far as it relates to the provisions referred to in sub-paragraph (c); and
c
in Part 5 of Schedule 36 (further and minor consequential amendments: evidence), paragraphs 81 to 84 to the extent that they relate to Schedule 6.
Scotland of Asthal
Minister of State
Home Office
17th November 2004


text:
This Order may be cited as the Nursing and Midwifery (Fitness to Practise) Rules 2004 Order of Council 2004 and shall come into force on 1st August 2004.
A. K. Galloway
Clerk of the Council


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the North West Surrey Mental Health National Health Service Partnership Trust (Transfer of Trust Property) Order 2004 and shall come into force on 1st April 2004.
2
In this Order —
“the old Trust” means the North West Surrey Mental Health National Health Service Partnership Trust;
“the new Trust” means the North Surrey 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 5th February 2004 and on behalf of the new Trust on 10th February 2004.
Transfer of trust property
2
1
On the date that this Order comes into force 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 instrument relating to the trust property, any reference to the trustees of the trust property or, as the case may be, the old Trust shall be construed as a reference to the trustees of the new Trust or, as the case may be, the new Trust.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
25th February 2004


text:
Citation and commencement
1
This Order may be cited as the Protection of Wrecks (Designation) (England) (No.2) Order 2004 and shall come into force on 4th January 2005.
Identification of site and designation of restricted area
2
1
The site in respect of which this Order is made is hereby identified as the site where HM submarine Holland No.5 lies wrecked on the sea bed at Latitude 50°41.655' North, Longitude 00°30.867' East .
2
The area within a distance of 200 metres of Latitude 50° 41.655' North, Longitude 00° 30.867' East, but excluding any part of that area which lies above high water mark of ordinary spring tides, shall be a restricted area for the purposes of the Protection of Wrecks Act 1973.
Andrew McIntosh
Minister of State for Media and Heritage
Department for Culture, Media and Sport
9th December 2004


text:
1
This Order may be cited as the Double Taxation Relief (Taxes on Income) (New Zealand) Order 2004.
2
It is hereby declared —
a
that the arrangements specified in the Protocol set out in Part I of the Schedule to this Order and in the Exchange of Notes constituting an Agreement set out in Part II of that Schedule which vary the arrangements set out in the Schedule to the Double Taxation Relief (Taxes on Income) (New Zealand) Order 1984 , have been made with the Government of New Zealand with a view to affording relief from double taxation in relation to income tax, corporation tax or capital gains tax and taxes of a similar character imposed by the laws of New Zealand;
b
that those arrangements include provisions with respect to the exchange of information foreseeably relevant to the administration or enforcement of the domestic laws of the United Kingdom and the laws of New Zealand concerning taxes covered by the arrangements including, in particular, provisions about the prevention of fiscal evasion with respect to those taxes; and
c
that it is expedient that those arrangements should have effect.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Travel Expenses and Remission of Charges) and (Optical Charges and Payments) and (General Ophthalmic Services) Amendment Regulations 2004 and shall come into force on 6th April 2004.
2
These Regulations apply to England only.
3
In these Regulations —
“the Travel Expenses and Remission of Charges Regulations ” means the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 ;
“the Optical Regulations ” means the National Health Service (Optical Charges and Payments) Regulations 1997 ; and
“the Ophthalmic Regulations ” means the National Health Service (General Ophthalmic Services) Regulations 1986 .
Amendment of regulation 5 of the Travel Expenses and Remission of Charges Regulations
2
In regulation 5(2)(e) of the Travel Expenses and Remission of Charges Regulations (entitlement to full remission and payment) for “requirements equal or exceed his income resources” there is substituted “income resources do not exceed his requirements or exceed his requirements by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the Charges Regulations” .
Amendment of the Optical Regulations and the Ophthalmic Regulations
3
1
In regulation 8(3)(e) of the Optical Regulations (eligibility- supply of optical appliances) after “requirements as so calculated” there is inserted “or exceed his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ”.
2
In regulation 13(2)(e) of the Ophthalmic Regulations (sight tests-eligibility) after “requirements as so calculated” there is inserted “or exceed his requirements as so calculated by fifty per cent or less of the amount of the charge specified in regulation 3(1)(b) (supply of drugs and appliances by chemists) of the National Health Service (Charges for Drugs and Appliances) Regulations 2000 ”.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
28th March 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Local Health Partnerships National Health Service Trust (Change of Name) (Establishment) Amendment Order 2004 and shall come into force on 5th July 2004.
2
In this Order —
a
“ the Order ” means the Local Health Partnerships National Health Service Trust (Establishment) Order 1999 ;
b
“ the trust ” means the National Health Service trust established by the Order.
Change of name of NHS trust and transitional provision
2
1
The trust shall be called the Suffolk Mental Health Partnership National Health Service Trust instead of the Local Health Partnerships National Health Service Trust, and accordingly in article 1(2) of the Order in the definition of “the trust”, and in article 2 of the Order, for “Local Health Partnerships” there shall be substituted “Suffolk Mental Health Partnership”.
2
The change of name effected by paragraph (1) shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before or on or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Amendment of nature and functions of the trust
3
Article 3(2) of the Order (nature and functions of the trust) shall be replaced by the following —
2
The trust’s functions shall be to provide goods and services, namely hospital accommodation and services, and community health services, for the purposes of the health service.
.
Signed by authority of the Secretary of State
John Hutton
Minister of State
Department of Health
24th June 2004


text:
Citation and commencement
1
This Order may be cited as the Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) (Amendment) Order 2004 and comes into force on 3rd December 2004.
Amendment
2
1
The Excise Duties (Surcharges or Rebates) (Hydrocarbon Oils etc.) Order 2004 is amended as follows.
2
In article 2 (interpretation), after paragraph (d) insert —
da
“the Oil Act ” means the Hydrocarbon Oil Duties Act 1979 ;
.
3
For Table B set out in article 4 (adjustments of rights to rebate on hydrocarbon oil), substitute —
Table B
(A) (B) (C) (D) Product Rebate allowable before adjustment (pence per litre) Percentage addition Rebate allowable after adjustment (pence per litre)
(a) Fuel oil 48.63 2.92 50.05 (b) Gas oil (other than ultra low sulphur diesel and sulphur-free diesel) 48.23 2.94 49.65 (c) Ultra low sulphur diesel 42.38 3.35 43.80 (d) Sulphur-free diesel 41.88 3.39 43.30 (e) Kerosene 48.23 2.94 49.65 (f) Light oil 51.66 2.74 53.08
Joan Ryan
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
2nd December 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Service Subsidy Agreements (Tendering) (England) (Amendment) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply in England only .
Amendment of the Service Subsidy Agreements (Tendering) (England) Regulations 2002
2
The Service Subsidy Agreements (Tendering) (England) Regulations 2002 are amended as provided in regulations 3 to 5 below.
3
In regulation 2 (interpretation), after the definition of “authority”, insert —
“forecast expenditure” means the amount that an authority expects to spend on service subsidies in a financial year;
4
1
Regulation 3 (exclusions from section 89(1) of the Transport Act 1985) is amended as provided in paragraphs (2) and (3).
2
For paragraph (1) substitute —
1
This regulation applies to service subsidy agreements that are made at a time when an authority’s forecast expenditure for the current financial year does not exceed £600,000.
1A
Subject to paragraphs (2), (3), (4) and (5), where this regulation applies there are excluded from section 89(1) of the Act the following service subsidy agreements —
a
any agreement which will remain in force for less than 12 months and under which the aggregate amount of service subsidies does not exceed £29,999, and
b
any agreement which will remain in force for 12 months or more and under which —
i
the aggregate amount of service subsidies payable during the period of 12 months starting on the date that the agreement comes into force does not exceed £29,999, and
ii
the aggregate amount of service subsidies payable during any subsequent relevant year (or part of a year) it is in force cannot exceed £29,999,
(where a “relevant year” is a period of 12 months commencing on an anniversary of the date on which the agreement came into force).
3
For paragraph (2) substitute —
2
This regulation shall not exclude from section 89(1) of the Act any agreement whose effect is to modify an agreement which is within the scope of paragraph (1) so that —
a
where the modified agreement will remain in force for less than 12 months after the date on which the modification takes effect, the aggregate amount of the service subsidies payable in the twelve month period ending on the date that the agreement ceases to be in force is increased to £30,000 or more; or
b
where the modified agreement will remain in force for 12 months or more after the date on which the modification takes effect —
i
the aggregate amount of the service subsidies payable during the period of 12 months after the date on which the modification takes effect is increased to £30,000 or more, and
ii
the aggregate amount of service subsidies payable during any subsequent relevant year (or part of a year) it remains in force is increased to £30,000 or more,
(where a “relevant year” is a period of 12 months commencing on an anniversary of the date on which the modification took effect).
4
In paragraph (3) —
a
for “paragraphs (1) and (2)” substitute “paragraphs (1A) and (2)”, and
b
in sub-paragraph (b), for “in any period of 12 months after the first such period” substitute “at any time after the first period of 12 months”.
5
After paragraph (4), insert —
5
This regulation shall not exclude from section 89(1) of the Act any service subsidy agreement that will remain in force for a period exceeding 5 years.
5
After regulation 3 insert —
Exclusions from section 89(1) of the Act: authority’s forecast expenditure greater than £600,000
3A
1
This regulation applies to service subsidy agreements that are made at a time when an authority’s forecast expenditure for the current financial year exceeds £600,000.
2
Subject to paragraphs (4) and (5), where this regulation applies there is excluded from section 89(1) of the Act any agreement (an “excluded agreement”) which satisfies the criteria in paragraph (3) or such of those criteria as may apply.
3
The criteria are that —
a
at the time the agreement is made, the aggregate amount of service subsidies payable in the current financial year under —
i
the excluded agreement, and
ii
all other service subsidy agreements made by that authority otherwise than by acceptance of a tender invited pursuant to section 89(1) of the Act,
does not exceed one quarter of the authority’s forecast expenditure for that year, and
b
where the excluded agreement will remain in force after the end of the financial year in which it was made, the aggregate amount of service subsidies payable under it in any subsequent financial year during which it remains in force cannot exceed one quarter of the forecast expenditure current at the time it was made.
4
For the purposes of this regulation, the aggregate amount of service subsidies payable in any period under a service subsidy agreement shall:
a
include any specific amount the payment of which is dependent on a contingency; and
b
exclude any amount payable under the agreement at any time after the end of the financial year in which it was made and which becomes payable —
i
as a direct consequence of an increase in an index published by the Government of movements in prices or costs; or
ii
pursuant to any provision of the agreement whereby an increase in the amount of service subsidies payable is not to exceed a figure calculated by reference to such an index.
5
This regulation shall not exclude from section 89(1) of the Act any service subsidy agreement that will remain in force for a period exceeding 5 years.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State
Department for Transport
8th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the Borough of Tameside (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“borough” means the borough of Tameside;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the Borough of Tameside (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Tameside Borough Council.
Wards of the borough of Tameside
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into nineteen wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the borough of Tameside
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the borough one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the borough —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Tameside Borough Council shall make a print of the map marked “Map referred to in the Borough of Tameside (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The Borough of Tameside (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(8).
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) (No. 3) Order 2004 and shall come into force on 11th March 2004.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (2).
Penny Jones
A Divisional Manager in the
Department for Education and Skills
4th March 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Surrey (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 4 and 5, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Articles 4 and 5 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Godalming and Windlesham to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Surrey;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Surrey (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Surrey County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Surrey
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into eighty electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be one.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Wards of the parish of Godalming
4
1
The existing wards of the parish of Godalming shall be abolished.
2
The parish shall be divided into six parish wards which shall bear the names Godalming Binscombe, Godalming Central, Godalming Charterhouse, Godalming Farncombe and Catteshall, Godalming Holloway, and Godalming Ockford; and the wards shall comprise the areas designated on sheet 6 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Godalming Binscombe, Godalming Charterhouse, Godalming Farncombe and Catteshall, and Godalming Holloway parish wards shall be four, and for each of the Godalming Central and Godalming Ockford parish wards shall be two.
Wards of the parish of Windlesham
5
1
The existing wards of the parish of Windlesham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Bagshot, Lightwater East, Lightwater West and Windlesham; and the wards shall comprise the areas designated on sheet 5 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for each of the Bagshot and Windlesham parish wards shall be six, for the Lightwater East parish ward shall be four, and for the Lightwater West parish ward shall be two.
Maps
6
Surrey County Council shall make a print of the map marked “Map referred to in the County of Surrey (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
7
The Electoral Registration Officer for each district or borough in the county shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
8
The County of Surrey (Electoral Arrangements) Order (1980) is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Liberia (Technical Assistance and Financing and Financial Assistance) (Penalties and Licences) Regulations 2004 and shall come into force on 26th February 2004.
2
In these Regulations —
“the EC Regulation ” means Council Regulation (EC) No. 234/2004 of 10th February 2004 concerning certain restrictive measures in respect of Liberia ; and
“customs and excise Acts” has the same meaning as in section 1 of the Customs and Excise Management Act 1979 .
Offences
2
Any person who, except under the authority of a licence granted by the Secretary of State under these Regulations, directly or indirectly infringes any of the following prohibitions in the EC Regulation:
a
Article 2(a), prohibiting the grant, sale, supply or transfer to any person, entity or body in, or for use in, Liberia of technical assistance related to military activities, and to the provision, manufacture, maintenance and use of arms and related material of all types; or
b
Article 2(b), prohibiting the provision of financing or financial assistance related to military activities for any sale, supply, transfer or export of arms and related material, to any person, entity or body in, or for use in Liberia; or
c
Article 2(c), prohibiting the participation, knowingly and intentionally, in activities the object or effect of which is to promote the transactions referred to in Article 2(a) and 2(b),
shall be guilty of an offence and may be arrested.
Licences
3
1
Authorisation for the transactions set out in regulation 2, as provided for in Article 3 of the EC Regulation, shall in the United Kingdom be by way of a licence in writing granted by the Secretary of State.
2
If, for the purpose of obtaining a licence, any person,
a
makes any statement or furnishes any document or information which to his knowledge is false in a material particular, or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
he shall be guilty of an offence; and any licence granted in connection with the application for which the false statement was made or the false document or information furnished shall be void as from the time it was granted.
3
Any person who, having acted under the authority of a licence granted under this Regulation, fails to comply with any of the requirements or conditions to which the licence is subject shall be guilty of an offence, unless
a
the licence had been previously modified by the Secretary of State without that person’s consent, and
b
the alleged failure to comply would not have been a failure had the licence not been so modified.
Penalties
4
1
A person guilty of any offence under regulation 2, 3(2) or (3) above shall be liable
a
on conviction on indictment, to a fine or imprisonment for a term not exceeding two years or to both; or
b
on summary conviction, to a fine not exceeding the statutory maximum.
2
Notwithstanding that the offences in regulation 2 are not, by virtue of the term of imprisonment for which a person may be sentenced in respect of them, arrestable offences within the meaning of the Police and Criminal Evidence Act 1984 and the Police and Criminal Evidence (Northern Ireland) Order 1989 , section 24(1) of that Act (in England and Wales) and Article 26(2) of that Order (in Northern Ireland) shall apply to the offences as if they were mentioned therein, and the offences shall accordingly be arrestable offences within the meaning of the Act and the Order.
3
Section 138 of the Customs and Excise Management Act 1979 (provision as to arrest of persons) shall apply to the arrest of any person for any offence under regulation 2 as it applies to the arrest of any person for any offence under the customs and excise Acts.
4
Sections 145 to 148 and 150 to 155 of the Customs and Excise Management Act 1979 (proceedings for offences, mitigation of penalties, proof and other matters) shall apply in relation to the offences and penalties under these Regulations and proceedings for such offences as they apply in relation to offences and penalties and proceedings for offences under the customs and excise Acts.
5
Nothing in subsections (1) to (4) of section 145 of the said Act (institution of proceedings for offences under the customs and excise Acts to be by order of the Commissioners) shall prevent the institution of proceedings by the Secretary of State for any offence under regulation 2.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
18th February 2004


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Miscellaneous Amendments No.3) Regulations 2004 and shall come into force on 3rd November 2004.
Amendment of the Tax Credits (Definition and Calculation of Income) Regulations 2002
2
1
Regulation 4 (employment income) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 is amended as follows:
2
In paragraph (4), table 1 (payments and benefits disregarded in the calculation of employment income) after item 18 insert —
19
Provision of computer equipment in respect of which no liability to income tax arises by virtue of section 320 of ITEPA..
Amendment of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002
3
1
Regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 is amended as follows:
2
In paragraph (2) (meaning of “child care”) after sub-paragraph (e) insert —
f
in Wales by a domiciliary care worker under the Domiciliary Care Agencies (Wales) Regulations 2004 .
.
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
13th October 2004


text:
Citation and commencement
1
This Order, which may be cited as the Road Traffic (Permitted Parking Area and Special Parking Area) (County of Denbighshire) Order 2004, comes into force on the 1 July 2004.
Interpretation
2
In this Order: —
“the 1984 Act ” (“ Deddf 1984 ”) means the Road Traffic Regulation Act 1984 ;
“the 1991 Act ” (“ Deddf 1991 ”) means the Road Traffic Act 1991; and
“the parking area” (“ yr ardal barcio ”) means the area designated as a permitted parking area and special parking area by article 4 of this Order.
Application
3
This Order applies to the whole of the county of Denbighshire except the entire length of the A55, including its on and off slip roads, within the county.
Designation of permitted parking area and special parking area
4
The National Assembly hereby designates the area to which this Order applies as —
a
a permitted parking area; and
b
a special parking area.
Modification and application of Part II of the 1991 Act
5
Sections 66, 69 to 74, 78, 79 and 82 of, and Schedule 6 to, the 1991 Act apply in relation to the parking area and as so applied have effect subject to the modifications specified in Schedule 1 to this Order.
Modification of the 1984 Act
6
The 1984 Act is modified in relation to the parking area as specified in Schedule 2 to this Order.
Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998
D. Elis-Thomas
The Presiding Officer of the National Assembly
23 June 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the National Health Service Trusts (Membership and Procedure) Amendment (England) Regulations 2004 and shall come into force on 1st March 2004.
2
These Regulations apply to England only.
Amendment of Regulations
2
In regulation 11 of the National Health Service Trusts (Membership and Procedure) Regulations 1990 (disqualification for appointment of chairman and non-executive directors), after paragraph 5A insert —
5B
A person shall not be disqualified by paragraph (1)(e) from being the chairman or non-executive director of an NHS trust by reason of being a chairman or member of the NHSU or the NHS Professionals Special Health Authority.
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th January 2004


text:
1
This Order may be cited as the Cannington College (Dissolution) Order 2004 and shall come into force on 1 st September 2004.
2
On 1 st September 2004 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Bridgwater College, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1 st September 2004 as if the references in that section –
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1 st September 2004;
c
to the transferor were to the corporation; and
d
to the corporation were to Bridgwater College.
Alan Johnson
Minister of State,
Department for Education and Skills
27th July 2004


text:
1
This Order may be cited as the A66 Trunk Road (Darlington Eastern Transport Corridor) Order 2004 and shall come into force on 19th April 2004.
2
In this Order —
i
“the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
ii
“the new trunk roads” means the main new road and the slip road;
iii
“the plan” means the plan numbered HA 10/ TD /008 marked “The A66 Trunk Road (Darlington Eastern Transport Corridor) Order 2004”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the slip road” means the new highways which the Secretary of State proposes to construct along the routes described in Schedule 2 to this Order and which connect the main new road with other highways or proposed highways at the places stated in that Schedule.
3
The new main road and the slip road shall become trunk roads from the date when this Order comes into force.
4
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at the public expense by a local highways authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the past in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
Signed by authority of theSecretary of State for Transport
Arthur Ashburner
A Divisional Director Highways Agency
17th February 2004


text:
Citation
1
This Order may be cited as the All Saints' Catholic Voluntary Aided Primary School (Designation as having a Religious Character) Order 2004.
Designation of School
2
1
The All Saints' Catholic Voluntary Aided Primary School, Oak Field, Anfield, Liverpool, L4 2QG, a voluntary aided school, is hereby designated as a school having a religious character.
2
The religious denomination in accordance with whose tenets religious education is, or may be, required to be provided at the school in accordance with Schedule 19 to the School Standards and Framework Act 1998 is Roman Catholic.
Shan Scott
A Divisional Manager in the ,
Department for Education and Skills
20th September 2004


text:
Citation
1
This Order may be cited as the Waste And Emissions Trading Act 2003 (Commencement No. 1) (Great Britain) Order 2004.
Commencement
2
Sections 32(12) and 35(b) of the Waste and Emissions Trading Act 2003 shall come into force on 1st January 2005.
Elliott Morley
Minister of State
Department for Environment, Food and Rural Affairs
13th December 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Standards Board for England (Functions) Order 2004 and shall come into force on 4th November 2004.
2
This Order applies in relation to relevant authorities in England and police authorities in Wales .
Interpretation
2
In this Order —
“ the Act ” means the Local Government Act 2000;
“authority” means a relevant authority in England and a police authority in Wales; and
“monitoring officer”, in relation to an authority, means the person for the time being designated in respect of the authority in accordance with the provisions of section 5 of the Local Government and Housing Act 1989 and includes any person nominated by a monitoring officer as his deputy for the purposes of section 5(7) of the Local Government and Housing Act 1989 and any person nominated under the provisions of section 82A(2) or (3) of the Act to perform any function .
Power to issue guidance
3
In respect of matters referred by an ethical standards officer under section 60(2) or (3) or 64(2) of the Act, or by a Local Commissioner in Wales under section 70(4) or (5) or 71(2) of the Act, the Standards Board for England may issue guidance to —
a
monitoring officers of authorities; and
b
standards committees of authorities.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State
Office of the Deputy Prime Minister
7th October 2004


text:
Citation and commencement
1
This Order may be cited as the Summary Appeal Courts (Warrant Officers) Order 2004 and shall come into force on 19th August 2004.
Interpretation
2
In this Order —
“the air-force court” means the court established by section 83ZA of the Air Force Act 1955;
“air-force warrant officer” means a warrant officer belonging to Her Majesty’s air forces and subject to air-force law;
“the court administration officer” means —
in relation to the military court, the person appointed under section 83ZA(4) of the Army Act 1955;
in relation to the air-force court, the person appointed under section 83ZA(4) of the Air Force Act 1955; and
in relation to the naval court, the person appointed under section 52FF(4) of the Naval Discipline Act 1957;
“the courts” means the military court, the air-force court and the naval court;
“Her Majesty’s air forces” and “Her Majesty’s military forces” include forces raised under the law of a British overseas territory but do not include the forces of any Commonwealth country;
“Her Majesty’s naval forces” includes forces raised under the law of a British overseas territory and the forces of a Commonwealth country;
“the military court” means the court established by section 83ZA of the Army Act 1955;
“military warrant officer” means a warrant officer belonging to Her Majesty’s military forces and subject to military law;
“the naval court” means the court established by section 52FF of the Naval Discipline Act 1957;
“naval warrant officer” means a warrant officer belonging to Her Majesty’s naval forces and subject to the Naval Discipline Act 1957; and
“service policeman” means a member of the Royal Navy Regulating Branch, the Royal Marines Police, the Royal Military Police or the Royal Air Force Police.
Warrant officers qualified to be members of the courts
3
1
Subject to the provisions of this article, warrant officers shall be qualified to be members of the courts.
2
A warrant officer shall not be qualified to be a member of any of the courts if —
a
he serves under the command of the court administration officer of any of the courts;
b
he serves under the command of a prosecuting authority appointed under section 83A of the Army Act 1955 or the Air Force Act 1955, or section 52H of the Naval Discipline Act 1957 ;
c
he has a general qualification within the meaning of section 71 of the Courts and Legal Services Act 1990 ;
d
he is an advocate or a solicitor in Scotland;
e
he is a member of the Bar of Northern Ireland or a solicitor of the Supreme Court of Northern Ireland;
f
he has in any Commonwealth country rights and duties similar to those of a barrister or solicitor in England and Wales, and is subject to punishment or disability for breach of professional rules; or
g
he has at any time during the preceding five years been a service policeman.
3
A naval or air-force warrant officer shall not be qualified to be a member of the military court for the purposes of hearing an appeal unless the court administration officer considers that the necessary number of persons belonging to Her Majesty’s military forces and qualified to be members of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.
4
A naval or military warrant officer shall not be qualified to be a member of the air-force court for the purposes of hearing an appeal unless the court administration officer considers that the necessary number of persons belonging to Her Majesty’s air forces and qualified to be members of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.
5
A military or air-force warrant officer shall not be qualified to be a member of the naval court for the purposes of hearing an appeal unless the court administration officer considers that the necessary number of persons belonging to Her Majesty’s naval forces and qualified to be members of the court is not (with due regard to the public service) available to sit as members of the court for the purposes of that hearing.
6
A warrant officer belonging to the naval forces of a Commonwealth country shall not be qualified to be a member of the military court or the air-force court.
Warrant officers ineligible to hear particular appeals
4
A warrant officer shall not be eligible to sit as a member of any of the courts for the purposes of hearing an appeal (although otherwise qualified under article 3) if —
1
he is not of a higher rank than the appellant;
2
he has at any time investigated the subject matter of any charge to which the appeal relates;
3
he has at any time held, or acted as one of the persons holding, an inquiry into matters relating to the subject matter of any such charge; or
4
he serves under the command of —
a
the officer who tried or dealt with any such charge summarily,
b
an officer to whom any such charge was referred under section 76(5), 76AA(3) or 76B(4) of the Army Act 1955 or the Air Force Act 1955 , or section 52B(5), 52D(3) or 52D(5) of the Naval Discipline Act 1957 , or
c
an officer whose consent or approval was sought, under regulations made by virtue of section 83 of the Army Act 1955 or the Air Force Act 1955 , or section 52F of the Naval Discipline Act 1957 , for the award of any punishment in respect of any such charge.
Amendments to the Army Act 1955 and the Air Force Act 1955
5
1
The Army Act 1955 and the Air Force Act 1955 are each amended as follows.
2
In subsection (2) of section 83ZA (the summary appeal court) —
a
at the end of paragraph (a) the word “and” is omitted; and
b
in paragraph (b) after the word “court” there is inserted —
, and
c
warrant officers qualified under an order made by virtue of section 20 of the Armed Forces Act 2001 to be members of the court.
3
In section 83ZD (constitution of summary appeal court for appeals) —
a
for subsection (1)(b) there is substituted —
b
an officer qualified under section 83ZC of this Act for membership of the court, and
c
a third person who is either —
i
an officer qualified under that section, or
ii
a warrant officer qualified under an order made by virtue of section 20 of the Armed Forces Act 2001,
for membership of the court.
; and
b
in subsection (2), after “section 83ZJ of this Act” there is inserted “or section 20 of the Armed Forces Act 2001 (eligibility of warrant officers to be members of summary appeal courts)”.
Amendments to the Naval Discipline Act 1957
6
1
The Naval Discipline Act 1957 is amended as follows.
2
In subsection (2) of section 52FF (the summary appeal court) —
a
at the end of paragraph (a) the word “and” is omitted; and
b
in paragraph (b) after the word “court” there is inserted —
, and
c
warrant officers qualified under an order made by virtue of section 20 of the Armed Forces Act 2001 to be members of the court
.
3
In section 52FJ (constitution of summary appeal court for appeals) —
a
for subsection (1)(b) there is substituted —
b
an officer qualified under section 52FH of this Act for membership of the court, and
c
a third person who is either —
i
an officer qualified under that section, or
ii
a warrant officer qualified under an order made by virtue of section 20 of the Armed Forces Act 2001,
for membership of the court.
; and
b
in subsection (2), after “section 52FP of this Act” there is inserted “or section 20 of the Armed Forces Act 2001 (eligibility of warrant officers to be members of summary appeal courts)”.
Amendments to the Administration of Oaths (Summary Appeal Court) Orders
7
1
In article 2(3) of the Administration of Oaths (Summary Appeal Court) (Army) Order 2000 , after “section 83ZC of the Army Act 1955” there is inserted “or a warrant officer so qualified under an order made by virtue of section 20 of the Armed Forces Act 2001”.
2
In article 2(3) of the Administration of Oaths (Summary Appeal Court) (Air Force) Order 2000 , after “section 83ZC of the Air Force Act 1955” there is inserted “or a warrant officer so qualified under an order made by virtue of section 20 of the Armed Forces Act 2001”.
3
In article 2(2) of the Administration of Oaths (Summary Appeal Court) (Navy) Order 2000 , after “section 52FH of the Naval Discipline Act 1957” there is inserted “or a warrant officer so qualified under an order made by virtue of section 20 of the Armed Forces Act 2001”.
Ivor Caplin
Parliamentary Under-Secretary of State Ministry of Defence
22nd July 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Primary Care Trusts (Establishment) (Amendment No. 3) Order 2004 and shall come into force on 1 st October 2004.
2
This Order applies to England.
Amendment of Primary Care Trust Establishment Orders
2
The Schedule (area of trust) to each of the Primary Care Trust Establishment Orders listed in column 1 of the Schedule to this Order shall be amended as specified in the corresponding entry in column 2.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
31st August 2004


text:
1
This Order may be cited as the Crime (International Co-operation) Act 2003 (Designation of Prosecuting Authorities) Order 2004 and shall come into force on 26th April 2004.
2
1
The prosecuting authorities listed in paragraph (2) are hereby designated for the purposes of section 7(5) of the Crime (International Co-operation) Act 2003.
2
Those prosecuting authorities are —
the Attorney General for England and Wales;
the Attorney General for Northern Ireland;
the Commissioners of Customs and Excise;
the Commissioners of Inland Revenue;
the Director of the Financial Services Authority;
the Director of Public Prosecutions and any Crown Prosecutor;
the Director of Public Prosecutions for Northern Ireland;
the Director of the Serious Fraud Office and any person designated under section 1(7) of the Criminal Justice Act 1987 ; and
the Secretary of State for Trade and Industry.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
31st March 2004


text:
1
1
This Order may be cited as the Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2004 and shall come into force on 15th November 2004.
2
The Northern Ireland (Sentences) Act 1998 (Specified Organisations) Order 2001 is hereby revoked.
2
The organisations specified in the Schedule to this Order are specified organisations for the purposes of the Northern Ireland (Sentences) Act 1998.
Paul Murphy
One of Her Majesty’s Principal Secretaries of State
Northern Ireland Office
14th November 2004