text:
Citation and commencement
1
This Order may be cited as the Rail Vehicle Accessibility (South West Trains Class 444 and Class 450 Vehicles) Exemption Order 2003 and shall come into force on 4th August 2003.
Interpretation
2
In this Order —
a
any reference to a numbered regulation is a reference to a regulation bearing that number in the Rail Vehicle Accessibility Regulations 1998 ;
b
any reference to a diagram is a reference to the diagram bearing that number in the Schedule to those Regulations; and
c
expressions used in those Regulations shall have the same meaning in this Order as they do in those Regulations.
Authorisations and exemptions for Class 444 vehicles
3
1
Subject to articles 6, 7, 9 and 10, the rail vehicles numbered 67201 to 67245 which form part of the electric multiple-units numbered 444001 to 444045 as manufactured by Siemens plc for use by South West Trains Limited are hereby authorised to be used for carriage even though they do not conform with the provisions referred to in paragraph (2).
2
The provisions with which the vehicles are not required to conform are —
a
regulation 14(b), in so far as it applies to a folding nappy-changing table in any toilet cubicle to which regulation 20 applies;
b
regulation 19(5), in so far as it requires the width of the passageway between the wheelchair-compatible doorway and the wheelchair space to be not less than 850 millimetres at any point; and
c
regulation 20(2), in so far as it requires the width of the passageway between the wheelchair space and the nearest toilet cubicle to that wheelchair space to be not less than 850 millimetres at any point.
4
1
Subject to articles 8 and 10, the rail vehicles numbered 63851 to 63895 which form part of the electric multiple-units numbered 444001 to 444045 as manufactured by Siemens plc for use by South West Trains Limited are hereby authorised to be used for carriage even though they do not conform with the provision referred to in paragraph (2).
2
The provision with which the vehicles are not required to conform is regulation 8(3), but only to the extent that —
a
it applies to the priority seats situated in that part of the vehicle which offers a different class of passenger accommodation for which a higher fare is payable to that which is offered in the rest of the vehicle; and
b
it requires the seats described in sub-paragraph (a) to comply with the specification in diagrams B2, B3 and B4 that the minimum clear headroom shall be 1250 millimetres.
Authorisation and exemption for Class 450 vehicles
5
Subject to articles 9 and 10, the rail vehicles numbered 68101 to 68200 which form part of the electric multiple-units numbered 450001 to 450100 as manufactured by Siemens plc for use by South West Trains Limited are hereby authorised to be used for carriage even though they do not conform with the provisions of regulation 14(b), in so far as it applies to a folding nappy-changing table in any toilet cubicle to which regulation 20 applies.
Conditions
6
It is a condition of the exemption granted by article 3(2)(b) that the width of the passageway between the wheelchair-compatible doorway and the wheelchair space shall measure not less than 800 millimetres at any point.
7
It is a condition of the exemption granted by article 3(2)(c) that the width of the passageway between the wheelchair space and the nearest toilet cubicle to that wheelchair space shall measure not less than 800 millimetres at any point.
8
It is a condition of the exemption granted by article 4(2) that the priority seats described in article 4(2)(a) shall comply with diagrams B2, B3 and B4 as if for 1250 millimetres minimum clear headroom there is substituted 1189 millimetres minimum clear headroom.
Expiry
9
The exemption given by articles 3(2)(a) and 5, in respect of regulation 14(b), shall cease at the end of October 2018.
10
The authorisations given by articles 3 to 5 shall cease forthwith in respect of any exempted vehicle if the electric multiple-unit of which that vehicle forms a part is operated by a person other than South West Trains Limited unless the Secretary of State has been given written notice in advance specifying the name and address of that other person.
Signed by authority of the Secretary of State for Transport
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
7th July 2003


type: legislation

jurisdiction: UK

text:
Citation, commencement and effect
1
1
These Regulations may be cited as the Insurance Companies (Calculation of Profits: Policy Holders' Tax) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations have effect in relation to periods of account beginning on or after 1st January 2003 and ending on or after these Regulations come into force.
Calculation of Profits: Policy Holders' Tax
2
Tax expended on behalf of policy holders or annuitants is allowed as a deduction in calculating the profits for a period of account to the extent permitted by —
a
subject to regulation 5, the basis of deduction specified in regulation 3; and
b
regulation 5.
3
For the purpose of regulation 2 the basis of deduction is —
a
the basis used in the company’s latest company tax return to determine the amount of tax expended on behalf of policy holders or annuitants allowed as a deduction in calculating the profits for that accounting period; or
b
where the company has no latest company tax return —
i
where the company was the transferee of life assurance business under an insurance business transfer scheme, the basis used in the latest company tax return of the transferor company to determine the amount of tax expended on behalf of policy holders or annuitants allowed as a deduction in calculating the profits for that accounting period; or
ii
in any other case, the basis the company would have used to determine the amount of tax expended on behalf of policy holders or annuitants allowed as a deduction in calculating the profits for an accounting period had it been required to deliver a company tax return for an accounting period beginning before 1st January 2003.
4
In regulation 3 —
a
“the latest company tax return” means the company tax return for the latest preceding accounting period of the company or the transferor company for which such a return has been delivered before the day on which these Regulations come into force;
b
“an insurance business transfer scheme” means a scheme falling within section 105 of the Financial Services and Markets Act 2000, including an excluded scheme falling within Case 2, 3 or 4 of subsection (3) of that section .
5
A deduction for tax expended on behalf of policy holders or annuitants but not brought into account shall be allowed but only where such an amount has been included in any value deemed to be brought into account by virtue of section 83(2B) of the Finance Act 1989 .
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th August 2003


text:
Title, commencement and extent
1
1
These Regulations may be cited as the Feedingstuffs (Zootechnical Products) (Amendment) Regulations 2003 and, except as provided for in paragraph (2), shall come into force on 1st May 2003.
2
Regulation 3 shall extend only to Scotland, England and Wales and shall come into force on 31st March 2003.
Amendment of the Feedingstuffs (Zootechnical Products) Regulations 1999
2
1
The Feedingstuffs (Zootechnical Products) Regulations 1999 shall be amended in accordance with this regulation.
2
In regulation 2(1), for the definition of “Directive 95/53”, substitute:
“Directive 95/53/EC ” means Council Directive 95/53 fixing the principles governing the organisation of official inspections in the field of animal nutrition as amended by Council Directive 1999/20/EC , Directive 2000/77/EC of the European Parliament and of the Council , and Directive 2001/46/EC of the European Parliament and of the Council ;
.
3
In Schedule 1, after item 3, insert the following item:
4
Commission Regulation (EC) No. 2205/2001 ( OJ L 297, 15.11.2001, p. 3) amending Council Directive 70/524/ EEC concerning additives in feedingstuffs as regards withdrawal of the authorisation of certain additives.
.
Amendment of the Feedingstuffs (Zootechnical Products) Regulations 1999 in Scotland, England and Wales
3
1
The Feedingstuffs (Zootechnical Products) Regulations 1999 shall be amended in their application to Scotland, England and Wales in accordance with this regulation.
2
In regulation 2(1), for the definition of “the MF Regulations”, substitute:
“the MF Regulations ” means the Medicated Feedingstuffs Regulations 1998 as amended by the Feedingstuffs (Zootechnical Products) and Medicated Feedingstuffs (Amendment) Regulations 2000 , the Medicated Feedingstuffs (Amendment) (England, Scotland and Wales) Regulations 2002 and the Medicated Feedingstuffs (Amendment) (Scotland, England and Wales) Regulations 2003 ;
.
3
In regulation 10(2) for “An application made under paragraph (1) shall be in writing”, substitute:
Save as provided for in paragraph (3), an application made under paragraph (1) shall be in writing.
.
4
After regulation 10(2) insert the following paragraph:
3
An application made under paragraph (1)(a) need not be accompanied by particulars demonstrating that the establishment meets the applicable minimum conditions laid down in the Annex to Directive 95/69/EC if the applicant holds a valid Medicines Act licence to manufacture authorised medicated pre-mixes and he submits a copy of that licence with his application.
.
5
In regulation 11(1)(a), before “check by means of an on-the-spot verification” insert:
except in the case of an application falling within regulation 10(3),
.
6
In regulation 11(2) for “Where the enforcement authority is satisfied that” substitute:
Save as provided for in paragraph (3), where the enforcement authority is satisfied that
.
7
After regulation 11(2), insert the following paragraph:
3
In the case of an application falling within regulation 10(3) the enforcement authority need not be satisfied that the establishment meets the applicable minimum conditions as laid down in the Annex to Directive 95/69/EC before approving the establishment in accordance with regulation 11(2), if the enforcement authority is satisfied that the applicant is an eligible person holding a valid Medicines Act licence in respect of the manufacture of authorised medicated pre-mixes.
.
8
In regulation 12(2), after “complying with regulation 10(2)” insert:
but not falling within regulation 10(3)
.
9
After regulation 12(2), insert the following paragraph:
2A
Where an application complying with regulation 10(2) and falling within regulation 10(3) is made under paragraph (1), the enforcement authority shall (subject to regulation 15) amend the approval relating to the establishment, and approve the establishment as an establishment on which the new establishment activity may be exercised, if, following the procedure in regulation 11(1), it is satisfied that, in respect of the new establishment activity, the applicant is an eligible person holding a valid Medicines Act licence in respect of the manufacture of authorised medicated pre-mixes.
.
10
In regulation 12(3) for “pursuant to paragraph (2)” substitute:
pursuant to paragraphs (2) and (2A)
.
11
In regulation 13, after paragraph (2) insert the following paragraph:
2A
The enforcement authority shall withdraw a regulation 10(3) approval if it is no longer satisfied that the licence relied upon by the applicant under regulation 10(3) is valid in respect of the manufacture of authorised medicated pre-mixes, or that the holder of the licence is an eligible person.
.
12
In regulation 14(1) after “as the case may be” insert:
or in the case of a regulation 10(3) approval, it is not satisfied that a licence relied upon under regulation 10(3) is valid in respect of the manufacture of authorised medicated pre-mixes, and that the licence holder is an eligible person,
.
13
In regulation 14(2) before “A notice served by the enforcement authority under paragraph (1) shall — ” insert:
Except in respect of the proposed withdrawal of a regulation 10(3) approval,
14
After regulation 14(2), insert the following paragraph:
3
Insofar as a notice served by the enforcement authority under paragraph (1) relates to the proposed withdrawal of a regulation 10(3) approval, it shall —
a
state that the enforcement authority proposes to withdraw the regulation 10(3) approval because it is not satisfied that the recipient of the notice is an eligible person holding a valid Medicines Act licence in respect of the manufacture of authorised medicated pre-mixes (“the regulation 10(3) criteria”);
b
specify in what respect the regulation 10(3) criteria are not met;
c
specify the requirements that the recipient of the notice must comply with in order to satisfy the enforcement authority as to compliance with the regulation 10(3) criteria;
d
stipulate a reasonable time by when such requirements specified on the notice shall be met; and
e
state that, unless it is satisfied that the recipient of the notice has complied with its requirements, the regulation 10(3) approval will be withdrawn.
15
In regulation 15(3), for “as a debt” substitute “on demand.”.
16
After regulation 15(5) insert the following paragraph:
5A
Where an application to the enforcement authority made by an eligible person falls within regulation 10(3), the applicant shall not be liable to pay a fee to the enforcement authority.
17
In regulation 17:
a
after the definition of “approved establishment” insert —
“authorised medicated premixes” has the same meaning as in the MF Regulations;
;
b
after the definition of “essential conditions” delete “and”; and
c
after the definition for “establishment activity”, insert —
“Medicines Act licence” means a licence issued pursuant to section 8(2) of the Medicines Act 1968 ; and
“regulation 10(3) approval” means an approval granted under regulation 11 in respect of the manufacture of a zootechnical additive with a view to putting it into circulation following an application falling within regulation 10(3).
.
18
Delete regulation 75(2) and substitute the following paragraphs —
2
The occupier of premises specified in Part II of Schedule 3, and intermediaries specified in Part III, shall, within 30 days of a notice from the enforcement authority requiring it, pay to that enforcement authority the annual fee covering official checks specified in Schedule 3; except that this obligation shall not apply in relation to premises approved for the manufacture of medicated premixes under the Medicines Act 1968.
3
A fee payable under paragraph (2) or any part of such a fee shall if due and unpaid be recoverable on demand.
19
In Schedule 3, for Parts II and III shall be substituted Parts II and III set out in the Schedule to these Regulations.
Elliot Morley
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
6th March 2003


text:
Citation and commencement
1
1
These Regulations may be cited as the Electronic Commerce (EC Directive) (Extension) Regulations 2003.
2
These Regulations shall come into force on 14th February 2003.
Application of the E-Commerce Regulations
2
The Electronic Commerce (EC Directive) Regulations 2002 shall apply to the enactments listed in the Schedule notwithstanding Regulation 3(2) of those Regulations.
Stephen Timms,
Minister of State for E-Commerce and Competitiveness,
Department of Trade and Industry
24th January 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Work-focused Interviews for Lone Parents) Amendment Regulations 2003 and shall come into force on 7 th April 2003.
2
In these Regulations “the Work-focused Interviews for Lone Parents Regulations ” means the Social Security (Work-focused Interviews for Lone Parents) and Miscellaneous Amendments Regulations 2000 .
Amendment of the Work-focused Interviews for Lone Parents Regulations
2
1
The Work-focused Interviews for Lone Parents Regulations shall be amended in accordance with this Regulation.
2
For sub-paragraph (g) of regulation 1(3) (commencement) there shall be substituted the following sub-paragraph —
g
subject to the preceding sub-paragraphs, where a lone parent —
i
on 7 th April 2003 is entitled to income support;
ii
is responsible for and living in the same household as a child who reaches the age of 5 years and 3 months after 7 th April 2003; and
iii
is not on the date that child reaches that age responsible for and living in the same household as a younger child,
come into force in respect of that lone parent on the date that child reaches the age of 5 years and 3 months.
.
3
In regulation 4 (circumstances where requirement to take part in an interview does not apply) paragraph (a) shall be omitted.
Signed by authority of the Secretary of State for Work and Pensions.
Nick Brown
Minister of State,
Department for Work and Pensions
26th February 2003


text:
Citation and commencement
1
This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Isles of Scilly) Order 2003 and shall come into force on 8th February 2003.
Application of the National Health Service Reform and Health Care Professions Act 2002 to the Isles of Scilly
2
The National Health Service Reform and Health Care Professions Act 2002, apart from sections 6 (Local Health Boards), 9 (funding of Local Health Boards) and 24 (health and well-being strategies in Wales) and Schedules 4 (Local Health Boards) and 5 (amendments relating to Local Health Boards), shall extend to the Isles of Scilly with the modification that, in the application of those provisions to those Isles, any reference to a local authority is to be construed as a reference to the Council of the Isles of Scilly .
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
14th January 2003


text:
Citation and commencement
1
These Rules may be cited as the Police Appeals Tribunals (Amendment) Rules 2003 and shall come into force on 15th November 2003.
Amendment to the Police Appeals Tribunals Rules 1999
2
1
Rule 5 of the Police Appeals Tribunals Rules 1999 is amended as follows.
2
In paragraph (1) after the words “section 50(3) of the Act” there is inserted “or section 81 of the Police Act 1997”.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the West Midlands Ambulance Service National Health Service Trust (Establishment) Amendment Order 2003 and shall come into force on 29th September 2003.
2
In this Order —
“the Establishment Order ” means the West Midlands Ambulance Service National Health Service Trust (Establishment) Order 1993 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Increase in the number of non-executive directors of the trust
2
In article 4 of the Establishment Order (directors of the trust) “5 non-executive directors” shall be replaced by “6 non-executive directors ”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
9th September 2003


text:
1
1
This Order may be cited as the A1 Trunk Road (Denwick Interchange Slip Roads) Order 2003 and shall come into force on 28th August 2003.
2
In this Order, all measurements of distance are measured along the routes of the relevant highways.
2
The lengths of highways described in the Schedule to this Order shall become trunk roads from the date when this Order comes into force.
3
The centre line of each of the new trunk roads is indicated by a heavy black line on the plan numbered HA 10/MP/001 marked “The A1 Trunk Road (Denwick Interchange Slip Roads) Order 2003”, signed by authority of the Secretary of State for Transport and deposited at the ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
Signed by authority of the Secretary of State for Transport
Kevin Lasbury
Divisional Director Highways Agency
25th July 2003


text:
1
These Regulations may be cited as the Non-resident Insurance Companies Regulations 2003, shall come into force on 13th November 2003, and have effect in relation to accounting periods of non-resident insurance companies beginning on or after 1st January 2003.
2
In these Regulations —
“non-resident insurance company” means an insurance company that is not resident in the United Kingdom; and for this purpose “insurance company” has the meaning given by section 431(2) of the Income and Corporation Taxes Act 1988 .
3
1
In applying subsection (2) of section 11AA of the Income and Corporation Taxes Act 1988 in relation to a non-resident insurance company, it shall be assumed that the permanent establishment has assets such that its free assets would be not less than they would be in the circumstances specified in that subsection.
2
“Free assets” means the amount by which —
a
the value of the assets of the permanent establishment , exceeds
b
the aggregate of the permanent establishment’s loan capital and technical provisions;
and for this purpose, the reinsurers' share of technical provisions is not to be included in determining the assets of the permanent establishment.
3
“Value” means the amount that, at the time at which the value falls to be determined, the non-resident insurance company would obtain from an independent person for the transfer of all the company’s rights in respect of the asset.
4
“Technical provision” means each of the following —
a
provision for unearned premiums;
b
long term business provision;
c
claims outstanding;
d
provision for bonuses and rebates;
e
provision for unexpired risks;
f
technical provisions for linked liabilities;
g
deposits received from reinsurers;
and in the case of the items listed in sub-paragraphs (a) to (f), the amount to be brought into account is the amount by which the gross amount exceeds the reinsurance amount.
In this paragraph expressions also used in Schedule 9A to the Companies Act 1985 have the same meaning as in that Schedule.
4
1
In accordance with the separate enterprise principle, profits from assets attributable, by virtue of regulation 3, to the permanent establishment of a non-resident insurance company are attributed to that establishment.
2
“The separate enterprise principle” means the principle in subsection (2) of section 11AA of the Income and Corporation Taxes Act 1988 (read with subsection (3) of that section).
Nick Montagu
Helen Ghosh
Two of the Commissioners of Inland Revenue
22nd October 2003


text:
1
This Order may be cited as the Value Added Tax (Finance) Order 2003 and shall apply in relation to any services performed on or after 1st August 2003.
2
In Group 5 of Schedule 9 to the Value Added Tax Act 1994 omit Note (2B).
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
16th June 2003


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2003, and come into force on 2nd May 2003.
Interpretation
2
In these Regulations:
“ the Act ” means the Financial Services and Markets Act 2000;
“the 2001 Regulations ” means the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 .
Amendment of the 2001 Regulations
3
The 2001 regulations are amended by:
a
inserting, after regulation 4(b) —
ba
for the purposes of any proceedings under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 which have been, or may be initiated;
;
b
adding the following entry at the end of the table in Part 1 of Schedule 1 —
A person upon whom functions are conferred by or under Part 2, 3 or 4 of the Proceeds of Crime Act 2002 Those functions
c
inserting, after regulation 12A —
12B
A primary recipient of information to which this Part applies, or a person obtaining such information directly or indirectly from a primary recipient is permitted to disclose such information to any person for the purposes of any proceedings under the Proceeds of Crime Act 2002 which have been or may be initiated.
.
d
adding the following entry at the end of the table in Schedule 2 —
A person upon whom functions are conferred by or under the Proceeds of Crime Act 2002 Those functions
Jim Fitzpatrick
Philip Woolas
Two of the Lords Commissioners ofHer Majesty’s Treasury
9th April 2003


text:
Citation and commencement
1
These Regulations may be cited as the Dental Auxiliaries (Amendment) Regulations 2003 and shall come into force on the day after the date on which they are made.
Amendment of regulation 6 of the Dental Auxiliaries Regulations 1986
2
In regulation 6 of the Dental Auxiliaries Regulations 1986 (fees prescribed by the General Dental Council), for the amount “£25.00” there shall be substituted “£68.00”.
The Common Seal of the General Dental Council was hereto affixed in the presence of
Hew Byrne Mathewson
President
Antony John Townsend
Registrar
this 27th day of November 2003


text:
PART I
GENERAL
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the Commission for Health Improvement (Functions) Regulations 2003 and shall come into force on 11th July 2003.
2
Subject to paragraph (3), these Regulations apply to England only.
3
This regulation and regulation 2 apply also to Wales.
4
In these Regulations —
“ the Act ” means the Health Act 1999;
“the 1977 Act ” means the National Health Service Act 1977;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ;
“the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales ;
“clinical governance arrangements” means —
in the case of a Special Health Authority, Primary Care Trust, NHS trust or service provider, arrangements for the purpose of monitoring and improving the quality of health care for which it has responsibility;
in the case of a Strategic Health Authority —
arrangements for the purpose of monitoring and improving the quality of health care for which it has responsibility; and
arrangements for the purpose of monitoring and improving the quality of health care for which the Primary Care Trust or Trusts in relation to which it is the relevant Strategic Health Authority have responsibility, and which is provided to individuals in the Authority’s area;
“clinical governance review” means a review conducted by the Commission under section 20(1)(b) of the Act or regulation 2(c) or (d);
“the Commission” means the Commission for Health Improvement established by section 19 of the Act;
“financial year” means the period of 12 months ending with 31st March;
“health care profession” means a profession to which section 60(2) of the Act applies;
“health service inquiry” means an inquiry, held or established by the Secretary of State, the National Assembly for Wales or an NHS body, into any matter relating to the management, provision and quality of health care for which NHS bodies or service providers have responsibility;
“inspection” means an inspection conducted by the Commission under section 20(1)(db) of the Act ;
“investigation” means an investigation conducted by the Commission under section 20(1)(c) of the Act or regulation 2(e);
“local review” means a review conducted by the Commission under section 20(1)(d) of the Act that relates to health care for which a particular NHS body or service provider has responsibility ;
“national service review” means a review conducted by the Commission under section 20(1)(d) of the Act that relates to a particular type of health care for which NHS bodies or service providers have responsibility;
“Part 2 services” means general medical services, general dental services, general ophthalmic services or pharmaceutical services under Part 2 of the 1977 Act;
“relevant Primary Care Trust” means, in relation to a service provider or NHS trust, any Primary Care Trust with which the service provider or NHS trust has made arrangements to provide services;
“relevant Strategic Health Authority” means, in relation to a Primary Care Trust —
where the area for which the Primary Care Trust is established falls wholly within the area of a Strategic Health Authority, that Strategic Health Authority; or
where the area for which the Primary Care Trust is established falls within the areas of two or more Strategic Health Authorities, each of those Strategic Health Authorities;
“service provider” means a person, other than an NHS body , which —
provides Part 2 services;
provides services in accordance with a pilot scheme under the 1997 Act; or
provides services in accordance with arrangements made under section 28 of the Health and Social Care Act 2001;
“quality of data review” means a review under section 20(1)(da) of the Act.
5
In these Regulations, references to health care for which a person has responsibility are to be construed in accordance with section 20(5) of the Act.
PART II
ADDITIONAL FUNCTIONS OF THE COMMISSION
Additional functions
2
The following functions are prescribed under section 20(1)(e) of the Act —
a
the function of providing advice or information with respect to arrangements by Strategic Health Authorities, Special Health Authorities or service providers for the purpose of monitoring and improving the quality of health care for which they have responsibility;
b
the function of providing advice or information with respect to arrangements by a Strategic Health Authority for the purpose of monitoring and improving the quality of health care for which the Primary Care Trust or Trusts in relation to which it is the relevant Strategic Health Authority have responsibility, and which is provided to individuals in the Authority’s area;
c
the function of conducting reviews of, and making reports on, arrangements by Strategic Health Authorities, or Special Health Authorities to which the duty in section 18 of the Act has been extended by regulations made under section 18(3) of the Act, for the purpose of monitoring and improving the quality of health care for which they have responsibility;
d
the function of conducting reviews of, and making reports on, arrangements by a Strategic Health Authority for the purpose of monitoring and improving the quality of health care for which the Primary Care Trust or Trusts in relation to which it is the relevant Strategic Health Authority have responsibility, and which is provided to individuals in the Authority’s area;
e
the function of carrying out investigations into, and making reports on, the management, provision or quality of health care for which Special Health Authorities have responsibility;
f
the function of providing advice with respect to the establishment and conduct of health service inquiries.
PART III
ANNUAL WORK PROGRAMME
Annual work programme
3
1
Before the beginning of each financial year the Commission shall prepare a work programme setting out the activities the Commission is to undertake in that year in the exercise of its functions.
2
Each work programme shall, in relation to that year, set out —
a
any particular matters with respect to which the Commission is to provide advice or information on clinical governance arrangements;
b
proposals as to the NHS bodies in relation to which the Commission is to conduct clinical governance reviews;
c
proposals as to the persons or bodies in relation to which the Commission is to conduct local reviews;
d
any particular matters which the Commission is to consider or take into account when conducting a clinical governance review or a local review;
e
the particular types of health care which are to be the subject of any national service reviews; and
f
any particular matters with respect to which the Commission is to conduct quality of data reviews.
3
The work programme shall be subject to approval by the Secretary of State.
4
The work programme may be varied —
a
with the agreement of the Secretary of State; or
b
as the Secretary of State may determine.
5
Subject to the following regulations and to any directions given by the Secretary of State, the Commission shall exercise its functions in any financial year in accordance with the work programme relating to that year.
PART IV
ADVICE OR INFORMATION ON CLINICAL GOVERNANCE ARRANGEMENTS
Persons to whom advice or information to be given
4
1
The Commission shall provide advice or information on clinical governance arrangements to —
a
the Secretary of State;
b
NHS bodies; and
c
service providers.
2
The Commission shall comply with any request by the Secretary of State to provide advice or information on such aspects of clinical governance arrangements as may be specified in the request to —
a
the Secretary of State;
b
such NHS bodies as may be specified by him in the request; or
c
such service providers as may be so specified.
3
The Commission may provide advice or information on clinical governance arrangements to any other person or body requesting such advice or information.
Exercise of the function of providing advice or information on clinical governance arrangements
5
In exercising its functions under section 20(1)(a) of the Act and regulation 2(a) and (b) the Commission shall take into account —
a
any guidance relating to clinical governance arrangements given by the Secretary of State or the National Institute for Clinical Excellence ;
b
any advice or guidance relating to clinical governance arrangements given by any body responsible for the regulation of a health care profession.
PART V
REVIEWS
Effectiveness and adequacy of arrangements
6
In conducting a clinical governance review the Commission shall assess the effectiveness of the arrangements by the NHS body concerned and consider whether those arrangements are adequate.
Review reports
7
1
Following the conclusion of a clinical governance review, the Commission shall make a report to the NHS body concerned.
2
Following the conclusion of a local review, the Commission shall make a report to the persons or bodies which were the subject of the review.
3
Following the conclusion of a national service review the Commission shall make a report to the Secretary of State.
4
The reports referred to in paragraphs (1) to (3) shall set out —
a
the findings and conclusions of the Commission; and
b
any recommendations made by the Commission.
Special interest reports - clinical governance reviews
8
1
If in the course of a clinical governance review a matter comes to the notice of the Commission which it considers should, in the public interest, be brought quickly to the attention of —
a
any of the persons or bodies to which paragraph (2) applies; and
b
the public,
the Commission shall make the matter the subject of an immediate report in addition to the report to be made at the conclusion of the review.
2
The persons and bodies referred to in paragraph (1) are —
a
the NHS body which is the subject of the review;
b
in a case where a Primary Care Trust is the subject of the review, the relevant Strategic Health Authority;
c
in a case where an NHS trust is the subject of the review, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority;
d
the Secretary of State.
3
Copies of any report under paragraph (1) shall be sent to the persons or bodies referred to in paragraph (2) and to any other NHS body or service provider or other person or body exercising statutory functions, to which the Commission considers the report should be copied.
Special interest reports - local and national service reviews
9
1
If in the course of a local or national service review a matter comes to the notice of the Commission which it considers should, in the public interest, be brought quickly to the attention of —
a
any of the persons or bodies to which paragraph (2) applies; and
b
the public,
the Commission shall make the matter the subject of an immediate report in addition to the report to be made at the conclusion of the review.
2
The persons and bodies referred to in paragraph (1) are —
a
any person or body which is the subject of the review;
b
in a case where a Primary Care Trust is the subject of the review, the relevant Strategic Health Authority;
c
in a case where a service provider or NHS trust is the subject of the review, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority;
d
the Secretary of State.
3
Copies of any report under paragraph (1) shall be sent to —
a
any person or body which is the subject of the review and to whose attention the Commission considers that the matter should be brought;
b
where that person or body is a Primary Care Trust, the relevant Strategic Health Authority;
c
where that person or body is a service provider or NHS trust, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority;
d
the Secretary of State; and
e
any other NHS body or service provider or other person or body exercising statutory functions, to which the Commission considers the report should be copied.
Further action following a clinical governance review or a local review
10
1
Paragraphs (2) to (4) below apply where an NHS body has been the subject of a clinical governance or local review.
2
Following the conclusion of the review, the NHS body concerned shall, with the assistance of the Commission, prepare a written statement of the action which it proposes to take in the light of the report made by the Commission.
3
A statement prepared under paragraph (2) shall be subject to approval by —
a
in the case of a Strategic Health Authority or Special Health Authority, the Secretary of State; and
b
in the case of a Primary Care Trust, the relevant Strategic Health Authority;
c
in the case of an NHS trust, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.
4
Before deciding whether to approve a statement prepared under paragraph (2), the Secretary of State or, as the case may be, the Primary Care Trust or Strategic Health Authority shall consult the Commission.
PART VI
INVESTIGATIONS
Investigations
11
1
The Commission shall carry out an investigation when requested to do so by the Secretary of State.
2
The Commission may carry out an investigation where —
a
the Commission receives a request to investigate from any person or body; or
b
it otherwise appears to the Commission to be appropriate to do so.
3
Where the Commission is carrying out an investigation at the request of the Secretary of State, it shall investigate such matters falling within section 20(1)(c) of the Act or regulation 2(e) as may be specified in the request.
4
Where the Commission is carrying out an investigation in any other case, it may investigate such matters falling within section 20(1)(c) of the Act or regulation 2(e) as it considers appropriate.
Notice of investigation
12
Where it is reasonably practicable to do so, the Commission shall provide written notification of its intention to carry out an investigation and the proposed date on which that investigation is to commence to —
a
any person or body which is to be the subject of the investigation;
b
in the case of an investigation under regulation 11(2) concerning a Strategic Health Authority or a Special Health Authority, the Secretary of State;
c
in the case of such an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and
d
in the case of such an investigation concerning a service provider or NHS trust, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.
Carrying out an investigation of a body which is the subject of a review
13
1
Paragraph (2) applies where, in the course of conducting a clinical governance review, a local review or a national service review, the Commission commences an investigation.
2
Where this paragraph applies, the Commission may suspend or continue the clinical governance review or the local or national service review and, where the review is suspended, resume the review at any time.
Investigation reports
14
1
Following the conclusion of an investigation which has been requested by the Secretary of State the Commission shall make a report to the Secretary of State and send a copy of the report to —
a
any person or body which has been the subject of the investigation;
b
in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority; and
c
in the case of an investigation concerning a service provider or NHS trust, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.
2
Following the conclusion of an investigation which has been requested by any other person or body the Commission shall make a report to that person or body and send a copy of the report to —
a
the person or body which has been the subject of the investigation;
b
in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority;
c
in the case of an investigation concerning a service provider or NHS trust, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority; and
d
the Secretary of State.
3
Following the conclusion of an investigation in any other case, the Commission shall make a report to the person or body which has been the subject of the investigation and shall send a copy of the report to —
a
in the case of an investigation concerning a Primary Care Trust, the relevant Strategic Health Authority;
b
in the case of an investigation concerning a service provider or NHS trust, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority; and
c
the Secretary of State;
4
A report made under paragraphs (1) to (3) shall set out —
a
the findings and conclusions of the Commission; and
b
any recommendations made by the Commission.
Special interest reports
15
1
If in the course of an investigation a matter comes to the notice of the Commission which it considers should, in the public interest, be brought quickly to the attention of —
a
any of the persons or bodies to which paragraph (2) applies; and
b
the public,
the Commission shall make the matter the subject of an immediate report in addition to the report to be made at the conclusion of the investigation.
2
The persons and bodies referred to in paragraph (1) are —
a
any person or body which is the subject of the investigation;
b
in a case where a Primary Care Trust is the subject of the investigation, the relevant Strategic Health Authority;
c
in a case where a service provider or NHS trust is the subject of the investigation, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority; and
d
the Secretary of State.
3
Copies of any report under paragraph (1) shall be sent to the persons or bodies referred to in paragraph (2) and to any other NHS body or service provider or other person or body exercising statutory functions, to which the Commission considers the report should be copied.
Further action following an investigation
16
1
Following the conclusion of an investigation any NHS body concerned shall, with the assistance of the Commission, prepare a written statement of the action which it proposes to take in the light of the report made by the Commission.
2
A statement prepared under paragraph (1) shall be subject to approval by —
a
in the case of a Strategic Health Authority or a Special Health Authority, the Secretary of State;
b
in the case of a Primary Care Trust, the relevant Strategic Health Authority; and
c
in a case of an NHS trust, the relevant Primary Care Trust and the Strategic Health Authority which is, in relation to that Primary Care Trust, the relevant Strategic Health Authority.
3
Before deciding whether to approve a statement prepared under paragraph (1), the Secretary of State or, as the case may be, the Strategic Health Authority or Primary Care Trust shall consult the Commission.
PART VII
RIGHTS OF ENTRY AND OBTAINING INFORMATION
Rights of entry
17
1
Subject to the following paragraphs of this regulation, persons authorised in writing by the Commission may at any reasonable time enter and inspect relevant premises for the purposes of conducting —
a
a clinical governance review;
b
any review under section 20(1)(d) of the Act (and any inspection carried out in connection with such a review); or
c
an investigation.
2
Each person authorised by the Commission under paragraph (1) shall be furnished with written evidence of his authority and on applying for entry to relevant premises for the purposes specified in paragraph (1) shall, if so requested by the occupier of the premises or a person acting on his behalf, produce that evidence.
3
A person authorised by the Commission under paragraph (1) shall not demand admission to relevant premises as of right unless the person or body which owns or controls the premises has been given reasonable notice of the intended entry.
4
No person authorised by the Commission under paragraph (1) may enter any premises or part of premises used as residential accommodation for persons employed by any person or body, without first having obtained the consent of the officers residing in such accommodation.
5
Subject to regulation 20, a person authorised by the Commission under paragraph (1) to enter relevant premises under this regulation may inspect and take copies of any documents which —
a
appear to him to be necessary for the purposes of the review, inspection or investigation in question; and
b
are held on the premises by —
i
the person or body which owns or controls the premises;
ii
a chairman, member, director or employee of that person or body;
iii
any other person acting on behalf of that person or body; or
iv
a member of a committee or sub-committee of any body concerned.
6
In paragraph (5) and in regulation 18, “review” means a clinical governance review or a review under section 20(1)(d) of the Act.
Obtaining information and explanations
18
1
Subject to regulation 20, in conducting a review, inspection or investigation the Commission or a person authorised by the Commission under regulation 17(1) may require any of the persons to which paragraph (5) applies to produce any documents or information which appear to the Commission, or to the person authorised, to be necessary for the purposes of the review, inspection or investigation in question.
2
Subject to regulation 20, in conducting a review, inspection or investigation the Commission or a person authorised by the Commission may, if it or he thinks it necessary, require any of the persons to which paragraph (5) applies to give the Commission or, as the case may be, the person authorised an explanation of —
a
any matters which are the subject of the review, inspection or investigation; or
b
any documents or information inspected, copied or produced under paragraph (1) or regulation 17(5).
3
The Commission may, if it considers it necessary, require a person required to —
a
produce documents or information under paragraph (1); or
b
give an explanation under paragraph (2),
to attend before the Commission or a person authorised by the Commission under regulation 17(1) in person to produce the documents or information or give the explanation.
4
The Commission may not require a person to attend in person in accordance with paragraph (3) unless reasonable notice of the intended date of attendance has been given to that person.
5
The persons referred to in paragraphs (1) and (2) are —
a
an NHS body;
b
a chairman, member, director or employee of an NHS body, or any other person acting on behalf of such a body;
c
a member of a committee or sub-committee of an NHS body;
d
a service provider;
e
an employee of a service provider, or any other person acting on behalf of such a provider;
f
a person who provides or assists in the provision of, or is a member or an employee of a person or body who provides or assists in the provision of, services under the 1977 Act, or in connection with a pilot scheme under the 1997 Act, in accordance with an arrangement made with an NHS body, a service provider or a person to which sub-paragraph (g) applies;
g
a local authority which provides, or a person employed by a local authority to provide, services under the 1977 Act, or in connection with a pilot scheme under the 1997 Act, in accordance with arrangements made by virtue of section 31(1) of the Act.
Information held by means of a computer or in any other electronic form
19
1
In this regulation and in regulations 17 and 18, any reference to documents includes a reference to information held by means of a computer or in any other electronic form.
2
Where the Commission or a person authorised under regulation 17(1) is exercising —
a
the right under regulation 17(5) to inspect and take copies of documents; or
b
the right under regulation 18(1) to require any person to produce documents,
and such documents consist of information held by means of a computer or in any other electronic form, the Commission or the person authorised may require any person having charge of, or otherwise concerned with the operation of, the computer or other electronic device holding that information to make that information available, or produce that information, in a visible and legible form.
Restrictions on disclosure of information to the Commission
20
1
The Commission or a person authorised under regulation 17(1) shall not inspect or take copies of documents under regulation 17(5) to the extent that —
a
those documents consist of confidential information which relates to and identifies a living individual, unless one or more of the conditions specified in paragraph (3) applies; or
b
the inspection or copying of those documents involves the disclosure of information where that disclosure is prohibited by or under any enactment, unless paragraph (4) applies.
2
A person shall not be required to produce documents or information under regulation 18(1) or give an explanation under regulation 18(2) to the extent that the production of those documents or that information or the giving of that explanation discloses information —
a
which is confidential and which relates to and identifies a living individual, unless one or more of the conditions specified in paragraph (3) applies; or
b
the disclosure of which is prohibited by or under any enactment, unless paragraph (4) applies.
3
The conditions referred to in paragraphs (1)(a) and (2)(a) are —
a
the information is disclosed in a form in which the identity of the individual cannot be ascertained;
b
the individual consents to the information being disclosed;
c
the individual cannot be traced despite the taking of all reasonable steps;
d
in a case where the Commission is exercising its functions under section 20(1)(c), (d) or (db) of the Act or regulation 2(e) —
i
it is not practicable to disclose the information in a form in which the identity of the individual cannot be ascertained;
ii
the Commission considers that there is a serious risk to the health or safety of patients arising out of the matters which are the subject of the investigation, review or inspection; and
iii
having regard to that risk and the urgency of the exercise of those functions, the Commission considers that the information should be disclosed without the consent of the individual.
4
This paragraph applies where —
a
the prohibition on the disclosure of information operates by reason of the fact that the information is capable of identifying an individual; and
b
the information in question is in a form in which the identity of the individual cannot be ascertained.
5
In a case where the disclosure of information is prohibited by paragraph (1) or (2) and the prohibition operates by reason of the fact that the information is capable of identifying an individual, the Commission or a person authorised by the Commission under regulation 17(1) may require the person holding the information to put the information in a form in which the identity of the individual concerned cannot be ascertained, in order that the information may be disclosed.
PART VIII
MISCELLANEOUS
Assisting the Audit Commission
21
The Commission may not assist the Audit Commission under section 21(2) of the Act without the consent of the Secretary of State.
Exercising functions in relation to health service inquiries
22
1
The Commission shall not exercise its functions under regulation 2(f) in relation to a particular inquiry or proposed inquiry without the consent of the Secretary of State.
2
In exercising its functions under regulation 2(f) the Commission shall take into account any advice or guidance relating to health service inquiries given to NHS bodies by the Secretary of State.
Revocation
23
The Commission for Health Improvement (Functions) Regulations 2000 and the Commission for Health Improvement (Functions) Amendment Regulations 2000 are revoked.
Signed by Authority of the Secretary of State
Warner
Parliamentary Under Secretary of State,
Department of Health
18th June 2003


text:
1
This Order may be cited as the Inheritance Tax (Indexation) Order 2003.
2
The amounts which, unless Parliament otherwise determines, will be treated by virtue of section 8 of the Inheritance Tax Act 1984 as specified in the Table in Schedule 1 to that Act in relation to chargeable transfers on or after 6th April 2003 are as follows —
TABLE OF RATES OF TAX
Portion of value Rate of Tax Lower Limit Upper Limit Per cent. £ £
0 255,000 NIL 255,000 – 40
Jim Fitzpatrick
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
27 th March 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Producer Responsibility Obligations (Packaging Waste) (Amendment) (England) Regulations 2003 and shall come into force on 1st January 2004.
2
These Regulations apply in relation to England only.
Interpretation
2
In these Regulations, “the 1997 Regulations ” means the Producer Responsibility Obligations (Packaging Waste) Regulations 1997 .
Amendment of the 1997 Regulations
3
The 1997 Regulations shall be amended in accordance with the following regulations.
Amendment of Part I (General)
4
1
In regulation 2(1) —
a
insert at the appropriate alphabetical places —
“accredited exporter” means an exporter who is accredited by the appropriate Agency under regulation 21B;
;
“accredited reprocessor” means a reprocessor who is accredited by the appropriate Agency under regulation 21B;
;
“appropriate Agency” means —
for the purposes of any provision of these Regulations relating to the exercise of the functions of the appropriate Agency in England, the Environment Agency;
for the purposes of any provision of these Regulations relating to the obligations of any other person means —
the Environment Agency, where at the beginning of the relevant year the person’s registered office or principal place of business is in England or Wales;
SEPA , where at the beginning of the relevant year the person’s registered office or principal place of business is in Scotland; or
at the election of the person, either the Agency or SEPA, where at the beginning of the relevant year the person does not have a registered office or principal place of business in Great Britain, or there is more than one operator of the scheme and such operators have registered offices or principal places of business in either England or Wales and in Scotland;
;
“approved person” means the person for the time being approved under regulation 27 for the purpose of issuing certificates of compliance under regulation 23 and signing the form referred to in regulation 6(4)(c) or 17A(2) in relation to a particular producer;
;
“exporter” means a person who, in the ordinary course of a trade, occupation or profession, owns and exports packaging waste for reprocessing outside the United Kingdom;
;
“ PERN ” means a packaging waste export recovery note issued by an accredited exporter for the purposes of Part IVA of these Regulations, on a form supplied to him by the appropriate Agency, as evidence of the export of the tonnage of packaging waste specified in the note for reprocessing outside the United Kingdom;
; and
“ PRN ” means a packaging waste recovery note issued by an accredited reprocessor for the purposes of Part IVA of these Regulations, on a form supplied to him by the appropriate Agency, as evidence of the receipt of the tonnage of packaging waste specified in the note for reprocessing within the United Kingdom;
;
b
for the definition of “recyclable material” substitute —
“recyclable material” means —
glass;
aluminium;
steel;
paper/fibreboard;
plastic; or
wood;
and packaging materials composed of a combination of any of those materials are to be treated as made of the material which is predominant by weight;
;
c
at the end of the definition of “reprocessor” insert “and “reprocessing” shall be construed accordingly”;
d
in the definition of “SIC Code” for the references to “1992” and “1997”, in each case substitute “2003”; and
e
omit the definition of “special producer”.
2
In regulation 2(2)(a) for “undertaking” substitute “condition”.
3
In regulation 2(3)(a) for “17(3), 31(5) and (10)” substitute “and 17(3)”.
Amendment of Part II (Producers and Obligations)
5
1
In regulation 3 —
a
in paragraph (5)(b) for “for the year 1998 and subsequent years” substitute “for each year”;
b
after paragraph (5A) insert —
5B
The operator of the scheme shall take reasonable steps to carry out the recovery and recycling obligations that every producer who is a member of the scheme that he operates would have had, but for their membership of that scheme.
; and
c
omit paragraph (6).
2
In regulation 4 omit paragraph (4).
Amendment of Part III (Registration)
6
1
In regulation 5 omit “4(3) and (4),”.
2
In regulation 6 —
a
in paragraph (1) —
i
omit “and who is not registered”;
ii
for “Agency, being — ” substitute “Agency.”; and
iii
omit sub-paragraphs (a), (b) and (c);
b
omit paragraph (3)(a);
c
in paragraph (4)(c) after “appropriate Agency” insert “and signed by the approved person”;
d
omit paragraph (4)(c)(ii);
e
in paragraph (4)(c)(v) omit “(excluding special producer)”;
f
at the end of paragraph (4)(c)(vi) insert “and”, and after paragraph (4)(c)(vi) insert —
vii
such other information as the appropriate Agency reasonably requires in order to determine the application and as is specified on the form.
;
g
in paragraph (4)(dd) —
i
at the start of the sub-paragraph insert “on a first application for registration”; and
ii
for “a plan setting out the steps intended to be taken to comply with the producer’s recovery and recycling obligations” substitute “an operational plan complying with Part IV of Schedule 4”;
h
in paragraph (5) —
i
at the end of sub-paragraph (a) insert “and”;
ii
at the end of sub-paragraph (b) omit “and”; and
iii
omit sub-paragraph (c); and
i
for paragraph (7) substitute —
7
The further information provided shall be as accurate as reasonably possible.
.
3
For regulation 7 substitute —
Conditions of registration of a producer
7
Registration of a producer shall be subject to the conditions that the producer will —
a
inform the appropriate Agency of —
i
any change in the circumstances of the producer which relate to the registration of the producer, and where the producer is a partnership, any change of partners;
ii
any change in the person who is the partner who is able to accept notices and act on behalf of the partnership as stated as required in regulation 6(4)(e);
iii
any material change in the initial information provided in accordance with regulation 6(4)(b); or
iv
any material change in the further information provided in accordance with regulation 6(4)(c), or (8), as the case may be,
within 28 days of the occurrence of any such change;
b
provide records and returns to the appropriate Agency as required by regulation 22;
c
apply to the appropriate Agency to cancel his registration where he has become a member of a registered scheme or has ceased to be a producer in respect of a year;
d
comply with the operational plan submitted under regulation 6 or, if a revised plan has been submitted under paragraph (e), with the most recent version so submitted; and
e
on or before 31st January in a relevant year, provide to the appropriate Agency a revised version of the operational plan.
.
4
Omit regulation 8.
5
In regulation 9, for paragraph (2) substitute —
2
The fee which is to be charged by the appropriate Agency on an application for producer registration shall be £768 and in addition —
a
in the case of an application where the fee is to be treated as a fee for group registration by virtue of paragraph 5(b)(iii) of Schedule 8, in respect of the subsidiaries included within that application, a fee of —
i
£180 for each of the first 4 subsidiaries;
ii
£90 for each of the 5th to the 20th subsidiaries inclusive; and
iii
£45 for each of the 21st and subsequent subsidiaries; and
b
on each resubmission of an application which is required by reason of its having failed to meet the requirements of regulation 6(4) or (7) on its previous submission, £220.
.
6
In regulation 11 —
a
omit paragraph (1)(a);
b
in paragraph (1)(b)(i) for “undertakings referred to in regulation 7 and given to him by that Agency,” substitute “conditions specified in regulation 7; or”;
c
in paragraph (1)(b)(ii) for “undertaking referred to in regulation 7, or with regulation 8” substitute “conditions specified in regulation 7”;
d
omit paragraph (1)(b)(iii); and
e
in paragraph (3) —
i
at the end of sub-paragraph (c), omit “and”;
ii
at the end of sub-paragraph (c), for the full stop substitute “; and”; and
iii
after sub paragraph (c), insert —
d
the right of appeal under Part IV of these Regulations.
.
7
In regulation 12 —
a
in paragraph (1) —
i
omit “Subject to paragraph (8) below,”;
ii
for “Agency, being — ” substitute “Agency.”; and
iii
omit sub-paragraphs (a), (b) and (c);
b
in paragraph (3)(c)(i) omit “class of”;
c
omit paragraph (3)(c)(ii);
d
in paragraph (3)(c)(v) omit “(excluding special producer)”;
e
after paragraph (3)(c)(vi) insert —
vii
such other information as the appropriate Agency reasonably requires in order to determine the application and as is specified on the form.
;
f
at the start of paragraph (3)(e) insert “on a first application for registration” and for “as provided in” substitute “complying with”;
g
omit paragraph (3)(f);
h
in paragraph (g) omit “and”, and at the end of paragraph (h) insert “and”;
i
after paragraph (3)(h) insert —
i
be accompanied by a monitoring plan which demonstrates how information to which regulation 17A applies is to be monitored so that the operator of the scheme can meet his obligation under paragraph (7).
;
j
after paragraph (4) insert —
4A
An application for approval of a scheme by the Secretary of State shall be made in writing by the operator of the scheme and shall —
a
contain the following information —
i
the name and address of the person who proposes to operate the scheme; and
ii
any other information which demonstrates that the scheme is likely to subsist for a period of at least 5 years and will assist the objectives of the United Kingdom in relation to the recovery and recycling of packaging waste; and
b
be accompanied by the following documentation —
i
a copy of the constitution of the scheme;
ii
a copy of the rules with which a member of the scheme is obliged to comply; and
iii
a copy of the procedures under which the operator of the scheme would enforce the rules against a member of the scheme.
4B
An application for approval of a scheme by the Secretary of State shall be granted where the Secretary of State is satisfied that the scheme is likely to subsist for a period of at least 5 years and will assist the objectives of the United Kingdom in relation to the recovery and recycling of packaging waste, and shall otherwise be refused.
4C
A further application for approval in accordance with paragraph (4A) shall be made within 28 days of the occurrence of any of the following —
a
a change in the person who is the operator of the scheme;
b
a conviction of the operator of the scheme for an offence under these Regulations; or
c
a failure by the operator of the scheme to comply with the obligation referred to in regulation 3(5B).
4D
Where an application which is required by paragraph (4C) is not received by the due date, the Secretary of State may decide to withdraw approval of the scheme, and if he so decides shall serve written notice on the operator of the scheme of —
a
his decision to withdraw approval of the scheme;
b
the reasons for the decision;
c
the date when the withdrawal will take effect, not being earlier than 28 days from the date of the notice.
4E
The Secretary of State shall consider any representations made before the notice takes effect by the operator of the scheme, and may withdraw the notice under paragraph (4D) at any time.
;
k
in paragraph (5)(a) for “and (h),” substitute “(h) and (i),”;
l
in paragraph (6)(a) omit “, except that for the purposes of regulations 32 and 33 the scheme shall be treated as registered from the date of confirmation until any such cancellation”;
m
in paragraph (7), for sub-paragraphs (a) and (b) substitute “be as accurate as reasonably possible”; and
n
omit paragraph (8).
8
In regulation 13 —
a
for paragraph (a) substitute —
a
that the obligation in regulation 3(5B) is complied with;
;
b
in paragraph (d)(iv) for “regulations 12(3)(c) or 14” substitute “regulation 12(3)(c)”;
c
omit paragraphs (e) and (g); and
d
in paragraph (f) omit “and” where it appears for the second time, and insert after paragraph (f) —
g
that the operator of the scheme will comply with the operational plan submitted under regulation 12(3)(e) or, if a revised plan has been submitted under sub-paragraph (h), with the most recent version so submitted; and
h
that the operator of the scheme will on or before 31st January in a relevant year provide to the appropriate Agency a revised version of the operational plan for the scheme.
.
9
Omit regulation 14.
10
For regulation 15(2) substitute —
2
The fee which is to be charged by the appropriate Agency on an application for registration of a scheme shall be £558 for each producer (or group of producers where the group is a group of companies within the meaning of Schedule 8) who is on the date of the application a member of the scheme and in addition —
a
in a case where part of the fee is calculated on the basis of a group of companies, a fee of the following amount for each subsidiary within that group apart from the holding company —
i
£180 for each of the first 4 subsidiaries;
ii
£90 for each of the 5th to 20th subsidiaries inclusive; and
iii
£45 for each of the 21st and subsequent subsidiaries;”;
b
in the case of an application which is received after 7th April in any year, £110; and
c
on each resubmission of an application which is required by reason of its having failed to meet the requirements of regulation 12(3) and (7), on its previous submission, £220.
.
11
In regulation 17(1) —
a
omit sub-paragraph (a);
b
at the end of sub-paragraph (b)(i) insert “or”;
c
in sub-paragraph (b)(ii) omit “, or with regulation 14, or”; and
d
omit sub-paragraph (b)(iii).
12
Insert after regulation 17 —
Information provided to scheme operators
17A
1
This regulation applies to information which —
a
is provided to the operator of the scheme by a producer who is a member of that scheme at the time the information is provided; and
b
is information which the operator of the scheme will need to rely upon for the purposes of his application for registration of a scheme under regulation 12.
2
A producer who provides to the operator of the scheme information to which this regulation applies shall —
a
provide that information on a form supplied for the purpose by the appropriate Agency;
b
ensure that the form is signed by the approved person; and
c
ensure that the information is as accurate as reasonably possible.
.
Amendment of Part IV (Registration of Schemes — Appeals)
7
1
For the heading to Part IV substitute “Appeals”.
2
For regulation 18 substitute —
Right of appeal
18
1
A producer may appeal to the Secretary of State against a decision of the appropriate Agency —
a
to refuse to grant an application for registration under regulation 6(5); or
b
to cancel registration under regulation 11(1).
2
The operator of the scheme may appeal to the Secretary of State against a decision of the appropriate Agency —
a
to refuse to grant an application for registration under regulation 12(5); or
b
to cancel registration under regulation 17(1).
3
A reprocessor or exporter may appeal to the Secretary of State against a decision of the appropriate Agency —
a
to refuse accreditation under regulation 21B(2);
b
to specify a condition pursuant to paragraph 1(n)(iii) of Schedule 2A; or
c
to cancel accreditation under regulation 21D.
.
3
In regulation 19(2) —
a
for “operator of the scheme” substitute “appellant”; and
b
omit all the words after “form of a hearing”.
4
In regulation 21, for “regulation 17(1), the decision to cancel registration” substitute “regulations 11(1), 17(1) or 21D, the decision appealed against”.
Insertion of new Part IVA (Accreditation of Reprocessors and Exporters)
8
After regulation 21 insert —
PART IVA
ACCREDITATION OF REPROCESSORS AND EXPORTERS
Requirement for accreditation
21A
1
A person shall not at any time after 31st December 2004 issue a PRN unless he is at the time of the issue an accredited reprocessor and the PRN relates to packaging waste received by him for reprocessing on the site for which he is accredited.
2
A person shall not at any time after 31st December 2004 issue a PERN unless he is at the time of the issue an accredited exporter and the PERN relates to packaging waste exported by him for reprocessing outside the United Kingdom.
Application for accreditation
21B
1
An application for accreditation shall be made to the appropriate Agency —
a
in the case of a person wishing to be accredited —
i
as a reprocessor, in respect of each site for which he wishes to be accredited and stating which of the applicable recovery operations specified in Part II of Schedule 3 and which recyclable materials he wishes that accreditation to cover;
ii
as an exporter, in respect of the export of one or more recyclable materials for reprocessing in one or more applicable recovery operations outside the United Kingdom;
b
before 30th September in the year immediately prior to that for which the reprocessor or exporter wishes to be accredited, the latter being a year not earlier than the year 2005;
c
on a form made available by the appropriate Agency and including all the information specified on that form, being information which the Agency reasonably requires in order to determine the application;
d
accompanied by a business plan containing information on how the funds acquired from the issue of PRNs or PERNs are to be applied including in respect of the following matters —
i
the development of capacity for the collection and reprocessing of packaging waste and the development of new markets for materials or goods which have been made from recycled packaging waste;
ii
arrangements for the collection and sorting of packaging waste; and
iii
the strategy, including communications, to be adopted in order to achieve the matters described in (i) and (ii) above; and
e
accompanied by a fee of —
i
in the case of an applicant who undertakes to issue PRNs or PERNs for 400 tonnes or less of packaging waste in the year to which the application relates, £500; or
ii
in any other case, £2,590.
2
The appropriate Agency shall —
a
where it is satisfied as to the contents of the business plan referred to in paragraph (1)(d) above, and where it is otherwise satisfied that the application has been duly made in accordance with paragraph (1), grant accreditation to —
i
a reprocessor, to issue PRNs for the receipt of one or more specified recyclable materials at a specified site and for reprocessing in one or more specified applicable recovery operations; or
ii
an exporter, to issue PERNs for the export of one or more specified recyclable materials for reprocessing in one or more applicable recovery operations outside the United Kingdom,
and in each case subject to the conditions imposed by or under regulation 21C; or
b
in any other case, refuse the application.
3
The appropriate Agency shall, unless otherwise agreed with the applicant, notify him in writing of its decision under paragraph (2) before 30th November in the year in which the application is made.
4
Where the decision notified under paragraph (3) is a decision to refuse accreditation, the notification shall include reasons for that decision.
5
Subject to regulation 21D, where accreditation is granted under paragraph (2), it shall take effect at the beginning of the year following that in which the application is made and shall remain in force for the duration of one year.
6
Where a reprocessor or exporter who has given the undertaking and paid the fee specified in sub-paragraph (e)(i), subsequently breaches that undertaking, he shall from the date of that breach be liable to pay to the Agency the balance of the fee which would have been payable under paragraph (1)(e)(ii), that is to say, the sum of £2,090.
Conditions of accreditation
21C
An accredited reprocessor or exporter shall comply with the conditions specified in and under Schedule 2A.
Suspension and cancellation of accreditation
21D
1
The appropriate Agency may suspend or cancel the accreditation of a reprocessor or exporter where it appears to it that —
a
the person who is accredited has failed to comply with any of the conditions specified in or under Schedule 2A; or
b
the person who is accredited has knowingly supplied false information in his application for accreditation made under regulation 21B or in connection with compliance with any of the conditions specified in or under Schedule 2A.
2
Before suspending or cancelling an accreditation under paragraph (1), the appropriate Agency shall serve on the reprocessor or exporter concerned written notice of —
a
its decision to cancel or suspend (as the case may be) the accreditation;
b
the reasons for the decision;
c
the right of appeal under Part IV of these Regulations;
d
the date when the cancellation or suspension will take effect, not being earlier than 28 days from the date of the notice; and
e
in the case of a notification of suspension, the period of the suspension or any steps which are required to be taken in order to bring the suspension to an end.
3
The accreditation of a reprocessor or exporter shall be deemed to be cancelled —
a
on the date on which either of the following occurs —
i
the person who is accredited ceases to be the holder of a relevant authorisation; or
ii
the person who is accredited ceases to be a reprocessor or exporter; or
b
in a case where the person who is accredited requests that his accreditation should be cancelled, with effect from the date for cancellation specified by that person.
4
For the purposes of paragraph (3) “relevant authorisation” means —
a
a permit granted under regulation 10 of the Pollution Prevention and Control (England and Wales) Regulations 2000 ;
b
a waste management licence granted under section 36 of the 1990 Act ; or
c
an exemption registered under regulation 18 of the Waste Management Licensing Regulations 1994 .
.
Amendment of Part V (Records, Returns and Certificate)
9
1
In regulation 22 —
a
in paragraph (2) —
i
in the headpiece, omit “, in respect of the year 1998 and subsequent years”;
ii
in sub-paragraph (a), for “provided to a reprocessor” substitute “delivered respectively for recycling and for recovery”;
iii
in sub-paragraph (b) omit “and,”;
iv
at the end of sub-paragraph (c) insert “and”; and
v
after sub-paragraph (c) insert —
d
the total number of tonnes of each material which is the subject of both the producer’s recovery obligations and his recycling obligations;
e
the number of PRNs or PERNs acquired; and
f
a statement which demonstrates how the producer has complied with his operational plan (where he has one) for the period in question.
;
b
in paragraph (3) omit “for the year 1998 and subsequent years,”.
2
In regulation 24 —
a
in paragraph (1) —
i
for “paragraphs (2) and” substitute “paragraph”; and
ii
for sub-paragraphs (a) and (b) substitute “on or before 31st January in the year immediately following the year to which the information relates”;
b
omit paragraph (2);
c
in paragraph (3) —
i
for the headpiece to paragraph (3) substitute “For each year the information is — ”
ii
in sub-paragraph (a) after “provided” insert “respectively for recycling and for recovery”;
iii
at the end of sub-paragraph (c) omit “and”;
iv
for sub-paragraph (d) substitute —
d
for each producer who is a member of the scheme in that year, the information specified in regulation 12(3)(c) and the revised operational plan referred to in regulation 13(h), together with any changes notified in accordance with the condition specified in regulation 13(d)(iv);
e
the total number of tonnes of each material which is the subject of both the recovery and recycling obligations for which the operator of the scheme is responsible under regulation 3(5B);
f
the number of PRNs or PERNs acquired by the operator of the scheme; and
g
a statement which demonstrates how the scheme has complied with its operational plan in the period in question.
; and
d
in paragraph (4) for the words “for the year 1998 and subsequent years packaging materials” substitute “packaging material”.
Amendment of Part VI (Agencies' Powers and Duties)
10
1
In regulation 25 —
a
in paragraph (1) for sub-paragraph (b) substitute —
b
compliance by operators of schemes with the obligation referred to in regulation 3(5B); and
c
compliance by persons who are accredited reprocessors or exporters with the conditions specified in or under Schedule 2A.
;
b
in paragraph (2) —
i
in sub-paragraph (b) for “regulations 6 and 8” substitute “regulation 6” and for “undertakings” substitute “conditions”;
ii
in sub-paragraph (c) omit “or Part V of Schedule 3”;
iii
in sub-paragraph (e) for “regulations 12 and 14” substitute “regulation 12”; and
iv
after sub-paragraph (f) insert —
g
the compliance by accredited reprocessors and exporters with the conditions specified in or under Schedule 2A.
;
c
in paragraph (3) —
i
at the end of sub-paragraph (a), omit “or”;
ii
at the end of sub-paragraph (b), for the comma substitute “; or”; and
iii
after sub-paragraph (b) insert —
c
any person who is engaged in trading in, or brokerage in relation to, PERNs or PRNs,
.
2
In regulation 25A —
a
in the headpiece omit the words “commencing with 2000”; and
b
for paragraph (a) substitute —
a
the Agency’s policy in relation to the monitoring it is required to carry out under regulation 25; and
.
3
For paragraph (1) of regulation 26 substitute —
1
The appropriate Agency shall maintain and make available in accordance with this regulation a register relating to —
a
the producers and schemes registered with it in accordance with regulations 5 to 16; and
b
the reprocessors and exporters accredited by it in accordance with Part IVA,
and containing the relevant information prescribed in Schedule 7.
.
4
In regulation 27 after “compliance” insert “and signing the form referred to in regulation 6(4)(c) or 17A(2) (as the case may be)”.
5
In regulation 28 —
a
in paragraph (2) —
i
in the headpiece, for “the appropriate Agency’s servant or agent” substitute “a person authorised under paragraph (1) of this regulation”;
ii
omit sub-paragraphs (b) and (c); and
iii
in sub-paragraph (g), for “regulations 22 and 24 and Part V of Schedule 3” substitute “regulations 21C, 22 and 24”; and
b
in paragraph (3) for “the appropriate Agency’s servant or agent” substitute “a person authorised under paragraph (1) of this regulation”.
Amendment of Part X (Offences)
11
In regulation 34 —
a
insert after paragraph (2) —
2A
An operator of a scheme who contravenes regulation 3(5B) is guilty of an offence.
2B
A person who contravenes a requirement of regulation 21A or who is in breach of either of the conditions specified in paragraph 1(a) or (b) of Schedule 2A is guilty of an offence.
; and
b
for paragraph (3) substitute —
3
A person who furnishes any information to the appropriate Agency in connection with its functions under these Regulations or furnishes information to which regulation 17A applies to an operator of a scheme, shall be guilty of an offence if, in furnishing the information he —
a
knows the information to be false or misleading in a material particular; or
b
furnishes such information recklessly and it is false or misleading in a material particular.
3A
A person who fails without reasonable excuse to comply with any requirement imposed in a notice under regulation 25(3) shall be guilty of an offence.
.
Amendment of Schedule 1 (Producers)
12
In Schedule 1 —
a
for paragraph 3(a) substitute —
a
his turnover in the last financial year in respect of which audited accounts are available before the relevant date was more than £2,000,000; and
; and
b
in paragraph 4(1)(c) —
i
for sub-paragraph (i) substitute —
7th April in the obligation year; or
; and
ii
omit sub-paragraph (ii).
Amendment of Schedule 2 (Recovery and Recycling Obligations)
13
In Schedule 2 —
a
for paragraph 2(2) substitute —
2
The proportion of the packaging waste referred to in sub-paragraph (1) above which is to be recovered by recycling is, in relation to a class of producer to which the producer belongs —
a
in the years 2004, 2005 and 2006, not less than 94%;
b
in the years 2007 and 2008, not less than 95%,
of the amount by tonnage of packaging waste represented by “Z” in sub-paragraph (1) above;
;
b
for paragraph 4 substitute —
4
The following is prescribed as the recovery target “X” —
a
for the year 2004 63%;
b
for the year 2005 65%;
c
for the year 2006 67%;
d
for the year 2007 69%; and
e
for the year 2008 70%.
;
c
for paragraph 5 substitute —
5
The following percentages are prescribed as the recycling target “Y” in respect of the recyclable material specified in the first column in relation to the years indicated at the head of the subsequent columns —
Table: Recycling targets
Material 2004 2005 2006 2007 2008
Glass 49 55 61 66 71 Aluminium 26 28 30.5 33 35.5 Stee 52.5 55 58 60 61.5 Paper/Fibreboard 65 66 68 69 70 Plastic 21.5 22 22.5 23 23.5 Wood 18 19 20 20.5 21
; and
d
in paragraph 6, omit sub-paragraph (3).
Insertion of new Schedule 2A (Conditions of Accreditation)
14
After Schedule 2 insert —
SCHEDULE 2A
CONDITIONS OF ACCREDITATION
Regulations 21C, 25(1)(c), 25(2)(g) and 34(2B)
1
The conditions referred to in regulation 21C are the following —
a
PRNs and PERNs shall relate to packaging waste received or exported, as the case may be, in a specified year and shall not be issued after 31st January in any year in respect of packaging waste received or exported in the previous year;
b
all PRNs and PERNs which have not been issued before 1st February of the year following that in which the packaging waste to which they relate was received shall be returned to the appropriate Agency before 15th February immediately following that 1st February;
c
PRNs shall be issued for no more than the total amount of packaging waste which —
i
is received for reprocessing on the site of an accredited reprocessor for the year for which he is accredited; and
ii
will be capable of being reprocessed on the site for which he is accredited by not later than the end of the year following that for which he is accredited;
d
PERNs shall be issued for no more than the total amount of packaging waste which an accredited exporter exports for reprocessing in the year for which he is accredited;
e
PRNs and PERNs which have not been issued and which have expired shall remain the property of the appropriate Agency at all times and shall be returned to the Agency on demand;
f
the weight of packaging waste recorded on a PRN or PERN shall be rounded up to the nearest tonne;
g
duplicate copies of all PRNs and PERNs issued shall be retained and made available for inspection by the Environment Agency at all reasonable times;
h
PRNs and PERNs shall only be issued to producers or operators of schemes, or to the representatives of producers or operators of schemes;
i
substitute PRNs or PERNs shall be issued on request to the holder of original PRNs or PERNs in exchange for those originals, provided that the value of the substitute PRNs or PERNs so issued remains equal to those exchanged and that no substitutes which relate to packaging waste received for reprocessing in any given year are issued after 31st January in the following year;
j
records shall be maintained for each quarter year on a form made available for the purpose by the appropriate Agency and shall be retained for at least 4 years after the end of the year in which the record is made;
k
reports shall be provided to the appropriate Agency before each of the 21st days of April, July, October and February in respect of the previous quarter year on —
i
the tonnage of packaging waste received or exported for reprocessing in that quarter;
ii
the tonnage of packaging waste reprocessed in that quarter; and
iii
the number of PRNs or PERNs issued in that quarter together with copies of those notes;
l
a report shall be provided to the appropriate Agency before 28th February in each year which sets out —
i
all the information provided in the quarterly reports which relate to the whole of the previous year;
ii
the amount of revenue received in the previous year from the sale of PRNs or PERNs and a statement of what it has been spent on;
m
except in the case of a reprocessor or exporter who has made the undertaking specified in regulation 21B(1)(e)(i), a report shall be provided to the appropriate Agency before 28th February in any year which —
i
is from an independent auditor; and
ii
demonstrates that the PRNs or PERNs issued by the reprocessor or exporter in the previous year are consistent with the tonnage of packaging waste received or exported for that year;
n
a reprocessor or exporter must —
i
take reasonable steps to implement the business plan referred to in regulation 21B(1)(d);
ii
undertake sampling and inspection of packaging waste received or exported, in accordance with a plan approved by the appropriate Agency; and
iii
comply with such other conditions as the appropriate Agency may specify in the notification of a grant of accreditation.
2
For the purposes of this Schedule —
a
“issue” in relation to a PRN or PERN means to sell or otherwise supply to a producer or operator of a scheme or to the representative of a scheme or operator of the scheme, and a reprocessor or exporter may issue a PRN or PERN to himself;
b
“quarter year” means the first, second, third and fourth three months of the year; and
c
“independent auditor” means an auditor who would be eligible for appointment as company auditor of the reprocessor or exporter under Part II of the Companies Act 1989 .
.
Amendment of Schedule 3 (Definitions of Waste, Recovery and Special Producers)
15
1
In the shoulder note to Schedule 3 for “Regulations 2, 4(4)” substitute “Regulation 2(1)”.
2
For the list R1 to R13 in paragraph 2 of Schedule 3 substitute —
R1 Use of waste principally as a fuel or for other means of generating energy; R2 Reclamation or regeneration of solvents; R3 Recycling or reclamation of organic substances which are not used as solvents, including composting and other biological transformation processes; R4 Recycling or reclamation of metals and metal compounds; R5 Recycling or reclamation of other inorganic materials; R6 Regeneration of acids or bases; R7 Recovery of components used for pollution abatement; R8 Recovery of components from catalysts; R9 Re-refining, or other reuses, of oil which is waste; R10 Land treatment resulting in benefit to agriculture or ecological improvement; R11 Use of wastes obtained from any of the operations listed as R1 to R10 in this paragraph; R12 Exchange of wastes for submission to any of the operations listed as R1 to 11 in this paragraph; R13 Storage of waste pending any of the operations listed in this paragraph, but excluding temporary storage, pending collection, on the site where it is produced.
.
3
Omit Parts III, IV and V of Schedule 3.
Amendment of Schedule 4 (Information)
16
In Part IV of Schedule 4 —
a
in the heading for “scheme’s operational plan” substitute “the operational plans of schemes and producers”; and
b
in the shoulder note for the reference to “Regulation 12(3)(d) and (e)” substitute “Regulations 6(4)(dd) and 12(3)(d) and (e)”;
c
in paragraph 11 —
i
in the headpiece omit “scheme's” and for “regulation 12(3)(e)” substitute “regulations 6(4)(dd) and 12(3)(e)”;
ii
in sub-paragraph (a) for “scheme’s members referred to in regulation 4(1)(b) to be discharged through the scheme” substitute “producer or the obligation of the operator of the scheme under regulation 3(5B) (as the case may be).”;
iii
for sub-paragraph (b) substitute —
b
that the arrangements for recovery and recycling take account of any statement which contains the Secretary of State’s policies in relation to the recovery and disposal of waste and which is made under section 44A of the 1990 Act;
;
iv
omit sub-paragraph (c);
v
in sub-paragraph (d) for “of its members referred to in regulation 4(1)(b)” substitute “or the obligation of the operator of the scheme under regulation 3(5B) (as the case may be)”;
vi
in sub-paragraph (d)(iii) omit “who is a member of the scheme”;
vii
at the end of sub-paragraph (d)(v) omit “and”;
viii
in sub-paragraph (e) for “of the scheme’s members” substitute “or the obligation of the operator of the scheme under regulation 3(5B) (as the case may be)” and for “any member of the scheme, or any other producer” substitute “any producer”; and
ix
after sub-paragraph (e) insert —
f
the number of PRNs or PERNs which are expected to be acquired in each quarter of the three years immediately following registration, and the type of recyclable material to which they are expected to relate;
g
the quantity of packaging waste which is expected to be acquired during the three years immediately following registration;
h
the amounts to the nearest tonne of the recovery and recycling obligations in respect of each recyclable material that are expected to have to be discharged in each of the three years immediately following registration;
i
a statement indicating the contracts anticipated to be made with reprocessors and packaging waste suppliers in the three years immediately following registration;
j
a statement as to the purposes for which it is intended to apply funds supplied to reprocessors for the acquisition of PRNs or PERNs in the three years immediately following registration, including the amounts to be applied to the following matters —
i
increasing the capacity for the collection and reprocessing of packaging waste;
ii
encouraging the development of markets for materials or goods made from recycled packaging waste;
iii
the strategy, including communications, to be adopted in order to achieve the objectives described in heads (i) and (ii) above.
Amendment of Schedule 5 (Procedure on appeals)
17
1
Schedule 5 is amended as follows.
2
In paragraph 1 —
a
in sub-paragraph (1), for “operator of a scheme” substitute “person”;
b
in sub-paragraph (2)(b), for “regulation 16” substitute “regulation 6(5) or 16”; and
c
in sub-paragraph (2)(c), for “regulation 17(1)” substitute “regulation 11 or 17”.
3
In paragraph 2(1) for “6 months” substitute “2 months”.
Amendment of Schedule 6 (Information in certificate of compliance)
18
1
In paragraph (d) of Schedule 6 omit “, and regulation 8” and for “undertakings” substitute “conditions”.
2
Insert after paragraph (f) of Schedule 6 —
g
copies of all PRNs or PERNs acquired in the year to which the certificate relates, save that a PRN or PERN which is acquired in December of any year may be included in the certificate of compliance for either that year or the following year.
.
Substitution of Schedule 7 (Public Register)
19
For Schedule 7 substitute —
SCHEDULE 7
Public Register
Regulation 6
1
The name and address of the registered office or principal place of business of —
a
each registered producer;
b
each registered operator of a scheme and each member of the scheme for which he is the operator; and
c
each accredited reprocessor and accredited exporter.
2
A statement in relation to each registered producer and each relevant year as to whether a certificate of compliance has been furnished.
3
A statement in relation to each registered operator of a scheme as to whether he has complied with his obligation under regulation 3(5B).
.
Amendment of Schedule 9 (Mid-year Changes)
20
In paragraph 16(a) of Schedule 9 for “each holding company shall comply with the requirements of a proportion of the company’s recovery and recycling obligations, such proportion being calculated as provided in paragraph 17(2) below” substitute “the first group shall comply with the requirements of the company’s recovery and recycling obligations for the year in which the company ceases to be a member of that group and the second group shall comply with those requirements in the following and any subsequent year in which the company is a member of the second group”.
Deletion of Schedule 10 (United Kingdom’s Recovery and Recycling Targets)
21
Omit Schedule 10.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
15th December 2003


text:
Citation and commencement
1
1
These Regulations may be cited as the Education (Nursery Education and Early Years Development) (England) (Amendment) Regulations 2003.
2
These Regulations except for regulation 2(3) shall come into force on 1st January 2004.
3
Regulation 2(3) shall come into force on 1st April 2004.
Amendment of the Education (Nursery Education and Early Years Development) (England) Regulations 1999
2
1
The Education (Nursery Education and Early Years Development) (England) Regulations 1999 shall be amended as follows.
2
In regulation 1(3) the definitions of “the partnership” and “statement of proposals” shall be omitted.
3
In regulation 2(1)(a) and (b) for “fourth birthday” (in each case where the words occur) substitute “third birthday”.
4
Regulation 3 and the Schedule shall be omitted.
5
Regulation 4 shall be omitted.
Revocation of the Education (Nursery Education and Early Years Development) (England) (Amendment) Regulations 2002
3
The Education (Nursery Education and Early Years Development) (England) (Amendment) Regulations 2002 are revoked.
Cathy Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
13th November 2003