text:
Citation and commencement
1
These Regulations may be cited as the Social Security (Categorisation of Earners) (Amendment No. 2) Regulations 2003 and shall come into force on 13th October 2003.
2
The Social Security (Categorisation of Earners) Regulations 1978 are amended as follows.
3
In regulation 1(2) (interpretation) insert at the appropriate places —
“category A, B, C or D waters” has the meaning given in the Merchant Shipping (Categorisation of Waters) Regulations 1992 ;
;
“mariner” has the meaning given in regulation 115 of the Social Security (Contributions) Regulations 2001 ;
.
4
1
Renumber regulation 5 as paragraph (1) of that regulation.
2
After paragraph (1) so formed add —
2
Paragraph 9 of Schedule 3 applies to mariners notwithstanding anything in regulations 122 and 124(1) of the Social Security (Contributions) Regulations 2001.
.
5
In paragraph 9 of Schedule 3 (personal service of person employed made available to a host employer) in the entry in Column (A) add at the end —
Where the employment is as a mariner, this paragraph only applies where the duties of the employment are performed wholly or mainly in category A, B, C or D waters.
.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
18th September 2003


type: legislation

jurisdiction: UK

text:
This Order may be cited as the Health Professions Council (Conduct and Competence Committee) (Procedure) Rules Order of Council 2003 and shall come into force on 9th July 2003.
A.K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
These Rules may be cited as the Civil Procedure (Amendment) Rules 2003 and shall come into force on the commencement of Part 5 of the Nationality, Immigration and Asylum Act 2002 .
2
In these Rules, “ the Rules ” means the Civil Procedure Rules 1998 and a reference to a Part or rule by number alone means the Part or rule so numbered in the Rules.
Amendments to Civil Procedure Rules 1998
3
In Part 54, the title is amended to “JUDICIAL REVIEW AND STATUTORY REVIEW”.
4
For the list of contents in Part 54, substitute the list of contents and insert the section heading as set out in Part 1 of the Schedule to these Rules.
5
In Part 54
a
in rule 54.1, in paragraph (1), for “This Part” substitute “This Section of this Part”;
b
in rule 54.1, in paragraph (2) —
i
at the beginning, for “In this Part” substitute “In this Section”; and
ii
in sub-paragraph (e), for “this Part” substitute “this Section”;
c
in the headings of rules 54.2 and 54.3, for “Part” substitute “Section”;
d
in rule 54.4, and in rule 54.16, for “Part” substitute “Section”;
e
in rule 54.20, in sub-paragraph (a), for “Part” substitute “Section”; and
f
after rule 54.20, insert Section II as set out in Part 2 of the Schedule to these Rules.
Phillips of Worth Matravers, M. R.
Andrew Morritt, V-C.
Anthony May, L. J.
Stephen Oliver-Jones
Carlos Dabezies
Steven Whitaker
Michael Black
Michelle Stevens-Hoare
Philip Rainey
Tim Parker
Juliet Herzog
Nicholas Burkill
Alan Street
Ahmad Butt
I allow these Rules
Irvine of Lairg, C.
20th February 2003


text:
PART 1
General
Citation, commencement and application
1
1
These Regulations may be cited as the School Staffing (England) Regulations 2003.
2
These Regulations come into force on 1st September 2003.
3
These Regulations apply only in relation to England.
Revocation
2
The following are revoked —
a
the Education (School Meals Staff) (England) Regulations 1999 , and
b
Part VI of the Education (New Schools) (England) Regulations 1999 .
Interpretation
3
1
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2002 Act ” means the Education Act 2002;
“authority” means the local education authority by which a maintained school is, or a proposed school is to be, maintained;
“dismissal” is to be interpreted in accordance with sections 95 and 136 of the Employment Rights Act 1996 ;
“support staff” means any member of a school’s staff other than a teacher;
“teacher” means a person who is a school teacher for the purposes of section 122 of the 2002 Act and includes a person who would be regarded as a teacher but for the fact the other party to the contract is not an authority or a governing body of a school falling within Part 3 of these Regulations.
2
References to a vacancy in any post include a prospective vacancy in the post.
3
A person is to be treated as meeting any staff qualification requirements if he —
a
fulfils any requirements with respect to qualifications or registration which apply to him as a result of regulations made under sections 132 to 135 of the 2002 Act and regulations made under section 19 of the Teaching and Higher Education Act 1998 ,
b
meets any conditions with respect to health and physical capacity which apply to him as a result of Part 3 of the Education (Teachers' Qualifications and Health Standards) (England) Regulations 1999 or regulations made under section 141 of the 2002 Act, and
c
is not subject to any direction made under section 142 of the 2002 Act, that he may not carry out work to which that section applies.
4
References to support staff include support staff employed, or engaged otherwise than under a contract of employment, to provide community facilities and services under section 27 of the 2002 Act.
Delegation of authority
4
1
The governing body may delegate —
a
its functions under regulations 14, 15, 17, 23 and 24, and
b
its power to appoint or dismiss any member of staff at a school to which Part 3 applies.
2
Subject to paragraph (4), any such delegation may be to —
a
the head teacher,
b
one or more governors, or
c
one or more governors and the head teacher.
3
Where the governing body has made any such delegation to one or more governors, the head teacher may attend and offer advice at all relevant proceedings. Such advice must be considered by the governor or governors to whom the delegation has been made.
4
The governing body may delegate any decision whether or not to make a determination that the head teacher should cease to work at the school, or to dismiss the head teacher, to one or more governors.
Performance of the head teacher
5
Where the authority has any serious concerns about the performance of the head teacher of a school —
a
it must make a written report of its concerns to the chair of the governing body of the school, at the same time sending a copy to the head teacher; and
b
the chair of the governing body must notify the authority in writing of the action he proposes to take in the light of the report.
Conduct and discipline of staff
6
1
The governing body must establish procedures —
a
for the regulation of the conduct and discipline of staff at the school; and
b
by which staff may seek redress for any grievance relating to their work at the school.
2
Where the implementation of any determination made by the governing body in operation of the procedures requires any action which —
a
is not within the functions exercisable by the governing body by or under the 2002 Act, but
b
is within the power of the authority,
the authority must take that action at the request of the governing body.
Capability of staff
7
The governing body must establish procedures for dealing with lack of capability on the part of staff at the school.
Amendment of the School Governance (Procedures) (England) Regulations 2003
8
Regulation 16(1) of the School Governance (Procedures) (England) Regulations 2003 is replaced by —
1
Subject to regulation 17 of these Regulations, regulation 3(2) of the Religious Character of Schools (Designation Procedure) Regulations 1998 , regulation 6 of the Education (School Government) (Terms of Reference) (England) Regulations 2000 and regulations 13, 22 and 29 of the School Staffing (England) Regulations 2003, the governing body may delegate any of its functions to —
a
a committee;
b
any governor; or
c
the head teacher (whether or not he is a governor).
.
Transitional provisions
9
The Schedule to these Regulations has effect for the purpose of making transitional provisions.
PART 2
Provisions relating to community, voluntary controlled, community special and maintained nursery schools
Interpretation of Part 2
10
This Part applies to community, voluntary controlled, community special and maintained nursery schools .
Manner of appointment
11
1
Where a governing body approves, identifies, selects or recommends a person for appointment under regulations 13(5), 13(7), 14(3) or 15(1), it is for the governing body to determine whether that person is appointed —
a
under a contract of employment with the authority,
b
by the authority otherwise than under a contract of employment, or
c
by the governing body otherwise than under a contract of employment.
2
Any person so appointed must meet all relevant staff qualification requirements.
Authority’s entitlement to offer advice
12
1
A representative of the authority may attend and offer advice at all proceedings relating to the selection or dismissal of any teacher.
2
Such advice must be considered by the governing body or any person or persons to whom such functions have been delegated when reaching any such decision.
Appointment of head teacher and deputy head teacher
13
1
The governing body must notify the authority of —
a
any vacancy for the head teacher, and
b
where it identifies the post of deputy head teacher as one to be filled, that post.
2
The governing body must advertise any such vacancy or post in such manner as it considers appropriate.
3
The governing body must appoint a selection panel consisting of at least three of its members, to —
a
select for interview such applicants for the post as it thinks fit and, where the post is that of head teacher, notify the authority in writing of the names of the applicants so selected,
b
interview such of those applicants as attend for the purpose, and
c
where they consider it appropriate, recommend to the governing body for approval one of the applicants interviewed by them.
4
If within a period of seven days beginning with the date when it receives notification under paragraph (3)(a), the authority makes written representations to the selection panel that any applicant is not a suitable person for the appointment, the selection panel must —
a
consider those representations, and
b
where it decides to recommend for appointment any person about whom representations have been made, notify the governing body and authority in writing of its reasons.
5
Subject to regulation 11(2), where the person recommended by the selection panel is approved by the governing body for appointment, the authority must appoint the person, unless regulation 11(1)(c) applies.
6
If —
a
the selection panel do not recommend a person to the governing body, or
b
the governing body declines to approve the person recommended by the selection panel, or
c
the authority declines to appoint the person that the governing body approves,
the selection panel may select another person in accordance with this regulation (but this does not prevent the selection of an existing applicant).
7
Subject to regulation 11(2), if the governing body has good reason not to advertise and conduct a selection process to fill the vacancy or post in accordance with paragraphs (2) to (4), the authority must appoint the person identified by the governing body to fill the vacancy or post, unless regulation 11(1)(c) applies.
Appointment of other teachers
14
1
This regulation applies to any post of teacher, other than a post of head teacher or deputy head teacher, which is to be filled for a period of more than four months.
2
Where the governing body identifies any such post to be filled, it must send a specification for the post to the authority.
3
Subject to regulation 11(2), where a person is selected by the governing body for appointment, the authority must appoint the person, unless regulation 11(1)(c) applies.
4
If the authority declines to appoint a person that the governing body selects, the governing body may select another person for appointment in accordance with this regulation (but this does not prevent the selection of an existing applicant).
Appointment of support staff
15
1
Subject to regulation 18, where the governing body identifies a support staff post to be filled, it may recommend a person to the authority for appointment.
2
Any such recommendation must be sent to the authority with a job specification for the post. The job specification must include the governing body’s recommendations as to —
a
the duties to be performed,
b
the hours of work (where the post is part-time),
c
the duration of appointment,
d
the grade, and
e
the remuneration.
3
The grade must be on the scale of grades applicable in relation to employment with the authority, and such as the governing body considers appropriate.
4
Where the authority has discretion with respect to remuneration, it must exercise that discretion in accordance with the governing body’s recommendation. The authority may be regarded as having discretion if any provisions regulating the rates of remuneration or allowances payable to persons in the authority’s employment either —
a
do not apply in relation to that appointment, or
b
leave to the authority any degree of discretion as to the rate of remuneration.
5
If within a period of seven days after receiving the job specification the authority makes written representations to the governing body relating to the grade or remuneration to be paid, the governing body must —
a
consider those representations, and
b
where it decides not to change the grade or remuneration to be paid, notify the authority in writing of its reasons.
6
Subject to regulation 11(2), the authority must appoint a person recommended to the post by the governing body, unless regulation 11(1)(c) applies.
Suspension of staff
16
1
Subject to regulation 18, both the governing body and the head teacher have power to suspend any person employed or engaged otherwise than under a contract of employment to work at the school where, in the opinion of the governing body or (as the case may be) the head teacher, his suspension is required.
2
The governing body or head teacher must, when exercising that power, immediately inform the authority and the head teacher or (as the case may be) governing body.
3
A suspension under this regulation may only be ended by the governing body.
4
The governing body must, on ending such a suspension, immediately inform the authority and the head teacher.
5
In this regulation “suspend” means suspend without loss of emoluments.
Dismissal of staff
17
1
Subject to regulation 18, where the governing body determines that any person employed or engaged by the authority to work at the school should cease to work there , it must notify the authority in writing of its determination and the reasons for it.
2
If the person concerned is employed or engaged to work solely at the school (and does not resign), the authority must, before the end of the period of fourteen days beginning with the date on which the notification under paragraph (1) is given, either —
a
give him such notice terminating his contract with the authority as is required under that contract, or
b
terminate that contract without notice if the circumstances are such that it is entitled to do so by reason of his conduct.
3
If the person concerned is not employed or engaged by the authority to work solely at the school, the authority must require him to cease to work at the school.
School meals staff
18
1
Subject to paragraphs (2) to (4), the authority is responsible for the appointment, discipline, suspension and dismissal of school meals staff who work or are to work at a school. Before exercising any such function the authority must consult the school’s governing body to such extent as the authority thinks fit.
2
Where an order is in force under section 512A(1) of the Education Act 1996 imposing on the governing body of a school a duty corresponding to a duty of the authority mentioned in section 512(3) and (4) of that Act (duty to provide school lunches) or section 512ZB(1) of that Act (duty to provide school lunches free of charge), paragraph (3) or (4) applies as appropriate.
3
Where the governing body has entered into an agreement with the authority that the authority should provide lunches at the school, then where the governing body determines that any school meals staff member should cease to work at the school it must notify the authority in writing of its determination and the reason for it, and the authority must then require the person to cease to work at the school.
4
Where no such agreement has been entered into, then regulations 6 and 15 to 17 apply to such staff members.
PART 3
Provisions relating to foundation, voluntary aided and foundation special schools
Interpretation of Part 3
19
This Part applies to foundation, voluntary aided and foundation special schools .
Manner of appointment
20
1
Where the governing body has selected a person for appointment he may be appointed either —
a
under a contract of employment, or
b
otherwise than under a contract of employment.
2
Any person so appointed must meet all relevant staff qualification requirements.
Authority’s entitlement to offer advice
21
1
The authority is entitled to advise the governing body in relation to the exercise of any of the governing body’s functions of appointment, engagement and dismissal of any teacher, to the extent provided by, and subject to, any relevant agreement.
2
A “relevant agreement” is an agreement in writing between the authority and the governing body which gives the authority an entitlement to advise the governing body in relation to the exercise of some or all of those functions, and which has not been terminated by notice in writing given by the governing body to the authority.
3
In the absence of a relevant agreement, it is for the Secretary of State to determine the extent to which the authority is entitled to advise the governing body in relation to the exercise of any of those functions.
4
The governing body, or any other person to whom the functions in question have been delegated, must consider any advice given by the authority pursuant to an entitlement under paragraphs (1) to (3).
5
The Secretary of State may at any time withdraw a determination.
Appointment of head teacher and deputy head teacher
22
1
The governing body must notify the authority of —
a
any vacancy for the head teacher, and
b
where it identifies a post of deputy head teacher as one to be filled, that post.
2
The governing body must advertise any such vacancy or post in such manner as it considers appropriate.
3
The governing body must appoint a selection panel consisting of at least three of its members, to —
a
select for interview such applicants for the post as they think fit and, where the post is that of head teacher, notify the authority in writing of the names of the applicants so selected,
b
interview such of those applicants as attend for the purpose, and
c
where they consider it appropriate to do so, recommend to the governing body for appointment one of the applicants interviewed by them.
4
If within a period of seven days beginning with the date when it receives notification under paragraph (3)(a), the authority makes written representations to the selection panel that any of the applicants is not a suitable person for the appointment, the selection panel must —
a
consider those representations, and
b
where they decide to recommend for appointment the person about whom the representations have been made, notify the authority in writing of their reasons.
5
Subject to regulation 20(2), the governing body may appoint the person recommended by the selection panel to the vacancy or the post to be filled.
6
If —
a
the selection panel do not recommend a person to the governing body, or
b
the governing body declines to appoint the person selected by the selection panel,
the selection panel may select another person for appointment in accordance with this regulation (but this does not prevent the selection of an existing applicant).
7
Subject to regulation 20(2), if the governing body has good reason not to advertise and conduct a selection process to fill the vacancy or post in accordance with paragraphs (2) to (4), the governing body may appoint such other person it has identified to the vacancy or post to be filled.
8
Paragraphs (2) to (7) are subject to regulation 27.
Appointment of other teachers
23
Where the governing body identifies any post of teacher (other than head teacher or deputy head teacher) which is to be filled for a period of more than four months, it must send a specification for the post to the authority.
Appointment of support staff
24
Any appointment of support staff must be made by the governing body unless the governing body and the authority agree that the appointment should be made by the authority.
Suspension of staff
25
1
Both the governing body and the head teacher have power to suspend any person employed or engaged otherwise than under a contract of employment to work at the school where in the opinion of the governing body or (as the case may be) the head teacher, his suspension from the school is required.
2
The governing body or head teacher must in exercising that power, immediately inform the head teacher or (as the case may be) the governing body.
3
A suspension under this regulation may only be ended by the governing body.
4
The governing body must, on ending such a suspension, inform the head teacher.
5
In this regulation “suspend” means suspend without loss of emoluments.
Suspension and dismissal of authority staff
26
In the case of staff employed, or engaged otherwise than under a contract of employment, by the authority under regulation 24, regulation 16 (in place of regulation 25) and regulation 17 apply as they apply to schools referred to in regulation 10.
Appointment of head teachers for schools of Roman Catholic religious orders
27
1
This regulation applies to a voluntary aided school if the trustees under a trust deed relating to the school are also trustees of a Roman Catholic religious order (“ the order”).
2
Subject to paragraph (5), paragraphs (3) and (4) have effect in relation to the filling of a vacancy in the post of head teacher of the school, in place of regulation 22(2) to (7).
3
The governing body must notify the Major Superior of the vacancy in writing.
4
The governing body must —
a
interview such persons who are members of the order as are proposed as candidates for appointment to the post by the Major Superior, and
b
appoint to the post one of the persons so interviewed unless, by virtue of regulation 20(2) or otherwise, the governing body has good reason for not making any such appointment.
5
If no appointment is made by the governing body under paragraph (4)(b), regulation 22(2) to (7), have effect in relation to the filling of the vacancy.
6
In this regulation —
“the Major Superior” means the Major Superior of the order;
“Roman Catholic religious order” means a Roman Catholic religious institute or society of apostolic life.
PART 4
Collaboration between schools
General
28
1
Where two or more governing bodies decide to collaborate on any function relating to individual members of the school staff these Regulations apply, subject to this Part .
2
In this Part and in the Schedule —
“collaborating governing bodies” means two or more governing bodies which arrange for any of their functions to be discharged jointly;
“relevant school” means the school or schools to which any member of staff is, or is to be, appointed.
Appointment of head teacher and deputy head teacher
29
1
In relation to the appointment of a head teacher or a deputy head teacher under regulation 13 or 22 —
a
the selection panel must consist of at least three governors taken from any of the collaborating governing bodies, and
b
the selection panel must make their recommendation to the governing body of the relevant school.
2
If the recommendation is not approved by that governing body the selection process must be repeated by the selection panel of the collaborating governing bodies unless the relevant school’s governing body withdraws from the agreement to collaborate.
Appointment of other teachers and support staff
30
1
The collaborating governing bodies may delegate the appointment of any teacher (other than the head teacher and deputy head teacher) and support staff to —
a
the head teacher of one or more of the collaborating schools,
b
one or more governors from any of the collaborating schools,
c
one or more head teachers with one or more governors from any of the collaborating schools.
2
Any decision relating to the appointment of a member of staff must be unanimous.
3
Where the collaborating governing bodies have delegated the appointment of a member of staff, other than to the head teacher of the relevant school, the head teacher of the relevant school is entitled to attend and offer advice. Such advice must be considered by the person or persons to whom the delegation has been made.
Dismissal of staff
31
1
The collaborating governing bodies may delegate —
a
the determination that a member of staff (other than the head teacher) should cease to work at a relevant school, or
b
the power to dismiss a member of staff (other than the head teacher) from a relevant school.
2
Any such delegation may be to —
a
the head teacher of one or more of the collaborating schools,
b
one or more governors from any of the collaborating schools,
c
one or more head teachers acting with one or more governors from any of the collaborating schools.
3
The collaborating governing bodies may delegate the determination that the head teacher should cease to work at, or the decision to dismiss the head teacher from, a relevant school to one or more governors.
Authority’s entitlement to offer advice
32
Where the authority has an entitlement to offer advice to any individual governing body, the authority has the same entitlement to offer advice to the other collaborating governing bodies.
PART 5
Staffing of new schools
Interpretation of provisions applied by Part 5
33
Any provision of these Regulations or Schedule 2 to the 2002 Act which applies in relation to a proposed school as a result of this Part has effect for that purpose as if —
a
any reference to a “governing body” were a reference to a temporary governing body, and
b
any reference to a “governor” were a reference to a temporary governor.
Staffing of proposed community, voluntary controlled, community special and maintained nursery schools having delegated budgets
34
Where a proposed school which will be a community, voluntary controlled, community special or maintained nursery school has a delegated budget , regulations 4 to 7, 9 and 11 to 18 apply.
Staffing of proposed foundation, voluntary aided and foundation special schools having delegated budgets
35
Where a proposed school which will be a foundation, voluntary aided or foundation special school has a delegated budget, regulations 4 to 7, 9 and 20 to 27 apply.
Staffing of proposed community, voluntary controlled, community special and maintained nursery schools without delegated budgets
36
Where a proposed school which will be a community, voluntary controlled, community special or maintained nursery school does not have a delegated budget, Part 1 of Schedule 2 to the 2002 Act applies.
Staffing of proposed foundation, voluntary aided or foundation special schools without delegated budgets
37
Where a proposed school which will be a foundation, voluntary aided or foundation special school does not have a delegated budget, Part 2 of Schedule 2 to the 2002 Act applies.
Stephen Twigg
Parliamentary Under Secretary of State,
Department for Education and Skills
5th August 2003


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Health Service (Travelling Expenses and Remission of Charges) (Amendment) Regulations 2003 and shall come into force, —
a
except for regulation 5, on 6th April 2003; and
b
regulation 5 on 7th April 2003.
2
In these Regulations “the principal Regulations ” means the National Health Service (Travelling Expenses and Remission of Charges) Regulations 1988 .
3
These Regulations apply to England only.
Amendment of regulation 2 of the principal Regulations
2
In regulation 2 of the principal Regulations (interpretation), in paragraph (1), —
a
the definitions of “amount withdrawn”, “disabled person’s tax credit” and “working families' tax credit” are omitted;
b
for the definition of “family” there is substituted —
“family” has the meaning assigned to it by section 137(1) of the Social Security Contributions and Benefits Act 1992 as it applies to income support, except that —
in regulation 4(2)(j) and (l) it has the meaning assigned to it by section 35 of the Jobseekers Act 1995 ,
in regulation 4(2)(q) it has the meaning assigned to it by regulation 2(2) of the Tax Credits (Definition and Calculation of Income) Regulations 2002 , and
where a claim has been made for support under Part VI of the Immigration and Asylum Act 1999 , it means the asylum-seeker who has made that claim and any dependant, as defined in section 94 of that Act, whom he has included in that claim;
;
c
after the definition of “capital limit” there is inserted —
“child tax credit” means child tax credit under the Tax Credits Act 2002 ;
;
d
after the definition of “date of claim” there is inserted —
“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;
;
e
after the definition of “full rate” there is inserted —
“relevant income” has the same meaning as in section 7(3) of Part 1 of the Tax Credits Act 2002 ;
;
f
after the definition of “week” there is inserted —
“working tax credit” means working tax credit under Tax Credits Act 2002.
.
Amendment of regulation 4 of the principal Regulations
3
In regulation 4 of the principal Regulations (description of persons entitled to full remission and payment), in paragraph (2), —
a
at the end there is added —
: or
a person who is a member of a family —
one member of which, on the date entitlement is determined, is receiving —
working tax credit and child tax credit, or
working tax credit which includes a disability element, or
child tax credit, but is not eligible for working tax credit;
; and
ii
where the relevant income of the member or members to whom the tax credit is made under section 14 of the Tax Credits Act 2002 is determined at the time of the award not to exceed £14,200.
b
sub-paragraphs (c), (d), (g) and (h) are omitted.
New regulation 7ZA inserted into principal Regulations
4
After regulation 7 (claims for remission or payment) of the principal Regulations (claims for remission or repayment) , there is inserted —
Notices of entitlement
7ZA
1
Where a person is entitled to full remission and payment because he is a member of a family described in regulation 4(2)(q), the Secretary of State shall issue a notice of entitlement to that family.
2
Such a notice of entitlement shall apply to —
a
any family member who is named on the notice of entitlement; and
b
all other members of such a person’s family.
3
A notice of entitlement issued under paragraph (1) shall be effective —
a
from such date; and
b
for such period,
as the Secretary of State may determine.
4
Any change in the financial or other circumstances of a person who is a member of a family in respect of which a notice of entitlement has been issued under paragraph (1), during the period for which the notice of entitlement has been issued, shall not affect the validity of the notice of entitlement in respect of that period.
.
Amendment of Schedule 1 to the principal Regulations
5
In Table A of Part 1 of Schedule 1 to the principal Regulations (calculation of resources), in the entry in column (2) relating to “regulation 53” —
a
for “£11,750” there is substituted “£12,000”; and
b
for “£19,000” there is substituted “£19,500”.
Transitional provision
6
Any person who, immediately before these Regulations came into force, was entitled to remission of any charges under regulation 3(1) of the principal Regulations, and who is a person described in regulation 4(2)(c), (d), (g) or (h) of the principal Regulations, shall continue to be entitled to the remission of charges until 31st July 2003, as if these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
David Lammy
Parliamentary Under Secretary of State,
Department of Health
12th March 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment No. 2) Regulations 2003 and shall come into force on 30th April 2003.
2
In these Regulations “the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .
Amendment of regulation 1 of the Tribunal Regulations
2
In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation) —
a
in the appropriate place there shall be inserted the following definition —
“the 1998 Act ” means the School Standards and Framework Act 1998 ;
;
b
in the definition of “case” —
i
at the end of paragraph (i) the word “or” shall be omitted; and
ii
there shall be added at the end the following —
or
k
an appeal under paragraph 10(1A) of Schedule 26 to the 1998 Act ;
;
c
at the end of the definition of “the respondent” there shall be added the following —
j
in relation to an appeal under paragraph 10(1A) of Schedule 26 to the 1998 Act, the Chief Inspector;
.
Amendment of regulation 3 of the Tribunal Regulations
3
In regulation 3 of the Tribunal Regulations (requirements for membership of lay panel) —
a
in paragraph (2)(a) after the words “the 1989 Act” there shall be inserted the words “or the Adoption Act 1976”;
b
in paragraph (5)(c) after the words “the 1989 Act” there shall be inserted the words “or the Adoption Act 1976”;
c
after paragraph (5)(e) there shall be inserted the following sub-paragraph —
ee
experience in managing an adoption society approved under the Adoption Act 1976;
;
d
in paragraph (5)(j) after the word “education” there shall be inserted the words “, child minding or day care”.
Amendment of regulation 4 of the Tribunal Regulations
4
In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave) there shall be added at the end the following paragraph —
8
In the case of an appeal under paragraph 10(1A) of Schedule 26 to the 1998 Act against a decision of the Chief Inspector, the procedure set out in Schedule 8 shall apply.
.
Amendment of regulation 6 of the Tribunal Regulations
5
In regulation 6 of the Tribunal Regulations (directions) in paragraph (1), for the words “in paragraph 6 of Schedule 1, 2, 3 or 6”, there shall be substituted “in paragraph 6 of Schedule 1, 2, 3, 6 or 8”.
Amendment of regulation 35 of the Tribunal Regulations
6
In regulation 35 of the Tribunal Regulations (time) in paragraph (3), for the words “Schedule 2, 6 or 7”, there shall be substituted the words “Schedule 2, 6, 7 or 8”.
Amendment of Schedules 2, 4 and 5 to the Tribunal Regulations
7
In paragraph 5(1)(b) of Schedule 2, and paragraph 8(1)(b) of each of the Schedules 4 and 5, to the Tribunal Regulations after the word “President” there shall be inserted the words “or nominated chairman”.
Amendment of the Tribunal Regulations : Schedule 8
8
After Schedule 7 to the Tribunal Regulations (appeals under the Suspension Regulations) there shall be added the Schedule set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
8th April 2003


text:
1
These Regulations may be cited as the Merchant Shipping (Merchant Navy Reserve) (Revocation) Regulations 2003 and shall come into force on 15th December 2003.
2
The Merchant Shipping (Merchant Navy Reserve) Regulations 1989 are hereby revoked.
Signed by authority of the Secretary of State for Transport
David Jamieson
Parliamentary Under-Secretary of State,
Department for Transport
10th November 2003


text:
Title and commencement
1
1
These Regulations may be cited as the Welfare of Farmed Animals (England)(Amendment) Regulations 2003.
2
These Regulations shall come into force on the day after the day on which they are made .
Transitional Provisions
2
1
The provisions of paragraph 29(2) of Schedule 6 to the Welfare of Farmed Animals (England) Regulations 2000 as amended by these Regulations shall apply to holdings newly built, rebuilt or brought into use for the first time on or after 1st January 2003, but in the case of all other holdings these provisions shall not apply until 1st January 2005.
2
The provisions of paragraphs 13, 37, 38 and 39 of Schedule 6 to those Regulations shall apply in relation to all holdings newly built, rebuilt or brought into force for the first time on or after 1st January 2003, but in the case of all other holdings these provisions do not apply until 1st January 2013.
Amendments to the Welfare of Farmed Animals (England) Regulations 2000
3
1
The Welfare of Farmed Animals (England) Regulations 2000 shall be amended in accordance with this regulation.
2
In regulation 2 the following shall be inserted after paragraph (4):
5
Expressions which are not defined in paragraph (1) above and which appear in Council Directives 91/630/ EEC and 2001/88/ EC and Commission Directive 2001/93/EC have the same meaning in these Regulations as they have for the purposes of that Community legislation.
.
3
After regulation 8 the following shall be inserted:
Training
8A
Any person who employs or engages persons to attend to pigs must ensure that that person has received instructions and guidance on the relevant provisions of these Regulations.
.
4
For Schedule 6 there shall be substituted the following Schedule:
SCHEDULE 6
ADDITIONAL CONDITIONS THAT APPLY TO THE KEEPING OF PIGS
Regulations 2(3) and 8
PART I
INTERPRETATION
1
In this Schedule —
“boar” means a male pig after puberty, intended for breeding;
“gilt” means a female pig intended for breeding after puberty and before farrowing;
“piglet” means a pig from birth to weaning;
“rearing pig” means a pig from ten weeks to slaughter or service;
“sow” means a female pig after the first farrowing; and
“weaner” means a pig from weaning to the age of ten weeks.
PART II
GENERAL ADDITIONAL CONDITIONS
Inspection
2
All pigs shall be inspected by the owner or keeper of the pigs at least once a day to check that they are in a state of well being.
3
Where necessary, sick or injured pigs shall be temporarily isolated in suitable accommodation with dry comfortable bedding.
Tethering
4
No person shall tether or cause to be tethered any pig except while it is undergoing any examination, test, treatment or operation carried out for any veterinary purpose.
5
1
Where the use of tethers is permitted in accordance with paragraph 4, they shall not cause injury to the pigs and shall be inspected regularly and adjusted as necessary to ensure a comfortable fit.
2
Each tether shall be of sufficient length to allow the pigs to move as stipulated in paragraph 6(2) below and the design shall be such as to avoid, as far as possible, any risk of strangulation, pain or injury.
Accommodation
6
1
A pig shall be free to turn round without difficulty at all times.
2
The accommodation used for pigs shall be constructed in such a way as to allow each pig to —
a
stand up, lie down and rest without difficulty;
b
have a clean, comfortable and adequately drained place in which it can rest;
c
see other pigs, unless the pig is isolated for veterinary reasons;
d
maintain a comfortable temperature; and
e
have enough space to allow all the animals to lie down at the same time.
7
1
The dimension of any stall or pen used for holding individual pigs in accordance with these regulations shall be such that the internal area is not less than the square of the length of the pig, and no internal side is less than 75% of the length of the pig, the length of the pig in each case being measured from the tip of its snout to the base of its tail while it is standing with its back straight.
2
Paragraph 7(1) shall not apply to a female pig for the period between seven days before the predicted day of her farrowing and the day on which the weaning of her piglets (including any piglets fostered by her) is complete.
3
A person shall not be guilty of an offence in accordance with regulation 13(1) of contravening or failing to comply with this paragraph by reason of the keeping of a pig in a stall or pen —
a
while it is undergoing any examination, test, treatment or operation carried out for veterinary purposes;
b
for the purposes of service, artificial insemination or collection of semen;
c
while it is fed on any particular occasion;
d
for the purposes of marking, washing or weighing it;
e
while its accommodation is being cleaned; or
f
while it is awaiting loading for transportation,
provided that the period during which it is so kept is not longer than necessary for that purpose.
4
A person shall not be guilty of an offence in accordance with regulation 13(1) of contravening or failing to comply with this paragraph by reason of the keeping of a pig in a stall or pen which the pig can enter or leave at will, provided that the stall or pen is entered from a stall or pen in which the pig is kept without contravention of this paragraph.
Artificially lit buildings
8
Where pigs are kept in an artificially lit building then lighting with an intensity of at least 40 lux shall be provided for a minimum period of 8 hours per day subject to paragraph 16 of Schedule 1 to these Regulations.
Prevention of fighting
9
1
If pigs are kept together, measures shall be taken to prevent fighting which goes beyond normal behaviour.
2
Pigs which show persistent aggression towards others or are victims of such aggression shall be isolated or kept separate from the group.
Cleaning and disinfection
10
1
Housing, pens, equipment and utensils used for pigs must be properly cleaned and disinfected as necessary to prevent cross-infection and the build-up of disease-carrying organisms.
2
Faeces, urine and uneaten or spilt food must be removed as often as necessary to minimise smell and avoid attracting flies or rodents.
Bedding
11
Where bedding is provided, this must be clean, dry and not harmful to the pigs.
Floors
12
Where pigs are kept in a building, floors shall —
a
be smooth but not slippery so as to prevent injury to the pigs;
b
be so designed, constructed and maintained as not to cause injury or suffering to pigs standing or lying on them;
c
be suitable for the size and weight of the pigs; and
d
where no litter is provided, form a rigid, even and stable surface.
13
When concrete slatted floors are used for pigs kept in groups the maximum width of the openings must be —
a
11 mm for piglets;
b
14 mm for weaners;
c
18 mm for rearing pigs; and
d
20 mm for gilts after service and sows.
The minimum slat width must be —
e
50 mm for piglets and weaners; and
f
80 mm for rearing pigs, gilts after service and sows.
Feeding
14
1
All pigs must be fed at least once a day.
2
Where pigs are housed in a group and do not have continuous access to feed, or are not fed by an automatic feeding system feeding the animals individually, each pig must have access to the food at the same time as the others in the feeding group.
Drinking water
15
All pigs over two weeks of age must have permanent access to a sufficient quantity of fresh drinking water.
Environmental enrichment
16
To enable proper investigation and manipulation activities, all pigs must have permanent access to a sufficient quantity of material such as straw, hay, wood, sawdust, mushroom compost, peat or a mixture of such which does not adversely affect the health of the animals.
Prohibition on the use of the sweat-box system
17
Pigs shall not be kept in an environment which involves maintaining high temperatures and high humidity (known as the “sweat-box system”).
Noise levels
18
Pigs shall not be exposed to constant or sudden noise. Noise levels above 85 dBA shall be avoided in that part of any building where pigs are kept.
Interventions
19
Save as set out in paragraphs 21 to 26 of this Schedule, no intervention procedures which result in damage to or loss of a sensitive part of the body or the alteration of bone structure shall be carried out except for therapeutic or diagnostic purposes.
20
The procedures set out in paragraphs 21 to 26 of this Schedule may only be carried out under hygienic conditions by a veterinary surgeon, or where it is legally permitted, by a person who has been trained in accordance with these Regulations and who is experienced in performing the procedures.
21
The following procedures shall not be carried out routinely but only where there is evidence that injuries to sows' teats or to other pigs' ears or tails have occurred:
a
uniform reduction of corner teeth of piglets by grinding or clipping not later than the seventh day of life of the piglets leaving an intact smooth surface; or
b
docking of a part of the tail;
but no tooth reduction or tail docking may be carried out unless other measures to improve environmental conditions or management systems have been taken in order to prevent tail biting and other vices.
22
Male pigs may be castrated provided the means employed do not involve tearing of tissues.
23
1
If docking of tails is carried out after the seventh day of life it shall only be performed under anaesthetic and additional prolonged analgesia by a veterinary surgeon.
2
If castration is carried out after the seventh day of life it shall only be performed by a veterinary surgeon in accordance with the provisions of the Protection of Animals (Anaesthetics) Act 1954 .
24
Boars' tusks may be reduced in length where necessary to prevent injuries to other animals or for safety reasons.
25
Nose rings may not be put in animals kept continuously in indoor husbandry systems.
26
Ear tagging or ear notching may be carried out for identification purposes.
PART III
BOARS
27
Boar pens shall be sited and constructed so as to allow the boar to turn round and to hear, see and smell other pigs, and shall contain clean resting areas.
28
The lying area shall be dry and comfortable.
29
1
The minimum unobstructed floor area for an adult boar shall be 6 m 2 save as set out in paragraph 29 (2) herein.
2
When boar pens are also used for natural service the floor area must be at least 10 m 2 and must be free of any obstacles.
PART IV
SOWS AND GILTS
30
Pregnant gilts and sows shall, where necessary, be treated against external and internal parasites.
Farrowing
31
If they are placed in farrowing crates, pregnant sows and gilts shall be thoroughly cleaned.
32
In the week before the expected farrowing time sows and gilts must be given suitable nesting material in sufficient quantity unless it is not technically feasible for the slurry system used.
33
During farrowing, an unobstructed area behind the sow or gilt shall be available for the ease of natural or assisted farrowing.
34
Farrowing pens where sows are kept loose must have some means of protecting the piglets, such as farrowing rails.
35
In the week before the expected farrowing time and during farrowing, sows and gilts may be kept out of sight of other pigs.
Group housing
36
Sows and gilts shall be kept in groups except during the period between seven days before the predicted day of farrowing and the day on which the weaning of piglets (including any piglets fostered) is complete.
37
The pen where the group is kept must have sides greater than 2.8 m in length, except when there are less than 6 individuals in the group, when the sides of the pen must be no less than 2.4 m in length.
38
The total unobstructed floor area available to each gilt after service and to each sow when gilts and/or sows are kept in groups must be at least 1.64 m 2 and 2.25 m 2 respectively. When these animals are kept in groups of less than 6 individuals the unobstructed floor area must be increased by 10%. When these animals are kept in groups of 40 or more individuals the unobstructed floor area may be decreased by 10%.
39
For gilts after service and pregnant sows a part of the area required in paragraph 38 equal to at least 0.95 m 2 per gilt and at least 1.3 m 2 per sow must be of continuous solid floor of which a maximum of 15% is reserved for drainage openings.
40
Sows and gilts kept on holdings of fewer than 10 sows may be kept individually provided that their accommodation complies with the requirements of paragraphs 6 and 7 of Part II of this Schedule.
41
In addition to the requirements of paragraph 14 of Part II of this Schedule, sows and gilts must be fed using a system which ensures that each individual can obtain sufficient food even when competitors for the food are present.
42
All dry pregnant sows and gilts must be given a sufficient quantity of bulky or high fibre food as well as high energy food to satisfy their hunger and need to chew.
PART V
PIGLETS
43
If necessary, piglets shall be provided with a source of heat and a solid, dry and comfortable lying area away from the sow where all of them can rest at the same time.
44
A part of the total floor where the piglets are and which is large enough to allow the animals to rest together at the same time, must be solid or covered with a mat or be littered with straw or any other suitable material.
45
Where a farrowing crate is used the piglets must have sufficient space to be able to be suckled without difficulty.
46
Piglets shall not be weaned from the sow at an age of less than 28 days unless the welfare or health of the dam or piglets would otherwise be adversely affected.
47
Piglets may be weaned up to seven days earlier if they are moved into specialised housings which are emptied and thoroughly cleaned and disinfected before the introduction of a new group and which are separate from housing where other sows are kept.
PART VI
WEANERS AND REARING PIGS
48
Pigs shall be placed in groups as soon as possible after weaning. They shall be kept in stable groups with as little mixing as possible.
49
If pigs unfamiliar with one another have to be mixed, this should be done at as young an age as possible, preferably before or up to one week after weaning. When pigs are mixed they shall be provided with adequate opportunities to escape and hide from other pigs.
50
The use of tranquillising medication in order to facilitate mixing shall be limited to exceptional conditions and only after consultation with a veterinary surgeon.
51
When signs of severe fighting appear, the causes shall be immediately investigated and appropriate measures shall be taken.
52
The unobstructed floor area available to each weaner or rearing pig reared in a group shall be at least —
a
0.15 m 2 for each pig where the average weight of the pigs in the group is 10 kg or less;
b
0.20 m 2 for each pig where the average weight of the pigs in the group is more than 10 kg but less than or equal to 20 kg;
c
0.30 m 2 for each pig where the average weight of the pigs in the group is more than 20 kg but less than or equal to 30 kg;
d
0.40 m 2 for each pig where the average weight of the pigs in the group is more than 30 kg but less than or equal to 50 kg;
e
0.55 m 2 for each pig where the average weight of the pigs in the group is more than 50 kg but less than or equal to 85 kg;
f
0.65 m 2 for each pig where the average weight of the pigs in the group is more than 85 kg but less than or equal to 110 kg; and
g
1.00 m 2 for each pig where the average weight of the pigs in the group is more than 110 kg.
Elliot Morley
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
13th February 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 2003 and shall come into force on 1st May 2003.
2
The provisions of this Order apply for the purpose of ascertaining the achievements in the core subjects of pupils who have completed the programme of study for the first key stage.
3
This Order applies to maintained schools (other than those established in hospitals) in England.
Revocation
2
The Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) Order 1999 , the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) (Amendment) Order 1999 , the Education (National Curriculum) (Key Stage 1 Assessment Arrangements) (England) (Amendment) Order 2000 and the Education (National Curriculum) (Assessment Arrangements) (England) (Amendment) Order 2001 are hereby revoked.
Interpretation
3
1
In this Order–
“the associated documents” means the documents published by Her Majesty’s Stationery Office, setting out any levels of attainment, attainment targets and programmes of study in relation to the core subjects, which documents have effect by virtue of the respective section 87(3)(a) and (b) orders for those subjects for the time being in force ;
“ AT ” means attainment target;
“the Authority” means the Qualifications and Curriculum Authority established under section 21 of the Education Act 1997 ;
“the core subjects” means English, mathematics and science;
“section 87(3)(a) and (b) orders” means orders made or which have effect as if they were made under section 87(3)(a) or (b) of the Education Act 2002 specifying attainment targets and programmes of study;
“specified” means specified in relation to the first key stage by a section 87(3)(a) and (b) order;
“spring term” and “summer term” mean respectively the penultimate and final terms in the school year.
2
In this Order references to the first key stage are, subject to the operation of section 82(2) to (5) of the Education Act 2002, references to the period set out in paragraph (a) of section 82(1) of that Act.
3
In this Order references to levels of attainment, attainment targets and programmes of study are references to the levels, targets and programmes set out in the associated documents.
4
Where any average number required to be determined by this Order is not a whole number, it shall be rounded to the nearest whole number, the fraction one half being rounded upwards to the next whole number.
Teacher assessment
4
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed by a teacher in each core subject during the summer term in accordance with the provisions of this article and for a record of the results to be made by that teacher.
2
The purpose of the assessment shall be to determine the level of attainment achieved by the pupil in each AT specified for each core subject which applies to him and, except where article 8(3) applies, in the subject as calculated in accordance with article 7.
3
The pupil shall be assessed and a record of the results made by the teacher not later than two weeks before the end of the summer term or 4th July falling in that term, if earlier.
4
A record of the results shall consist of a statement of each level of attainment achieved by the pupil (whether or not that level is specified in relation to the first key stage by the relevant section 87(3)(a) and (b) order) in relation to every AT mentioned in paragraph (2) and, except where article 8(3) applies, of his level in the subject so calculated.
5
In making an assessment of a pupil pursuant to this article, a teacher may take into account the results of any previous assessment of the pupil, including assessments by means of standard tasks, whether or not the previous assessments were made by that teacher.
Standard task assessment: English and mathematics
5
1
It shall be the duty of the head teacher to make arrangements for each pupil to be assessed in English and mathematics by the administration of tasks and tests (referred to hereinafter as “standard tasks”) in accordance with the provisions of this article, and such an assessment shall be known as a “standard task assessment”.
2
Standard tasks for which provision is made by the Secretary of State pursuant to article 10 shall be administered to the pupil during the period comprising the spring term and the summer term (except the last four weeks thereof) in accordance with the provisions of the document in which they are published .
3
An assessment based on the pupil’s performance in each standard task shall be made, and a record of the results made, not later than four weeks before the end of the summer term.
4
Subject to paragraph (5), the record of the results shall consist of a statement of the pupil’s level of attainment in each relevant AT or, if the document in which the standard tasks are published so requires, a statement of the pupil’s level of attainment in the subject determined in accordance with the provisions of that document or, if that document so requires, both such statements.
5
Where in the case of English at least one relevant AT does not apply in relation to a pupil, no record of the pupil’s level of attainment at that AT shall be determined.
6
In paragraphs (4) and (5) “relevant AT” means any AT in which the standard tasks enable achievements to be assessed.
7
As soon as reasonably practicable after standard task assessments have been administered to pupils pursuant to sub-paragraph (1), the head teacher shall provide the local education authority with a signed statement, confirming that those standard task assessments were administered in accordance with the provisions of the document in which they were published .
Verification of assessments
6
1
The local education authority (referred to in this article as “the verification authority”) shall make provision for the verification of standard task assessments in respect of the schools which they maintain.
2
The verifying authority shall exercise the functions conferred by this article in relation to each of English and mathematics and–
a
subject to paragraph (3), in any school year in relation to at least 25% of all relevant schools;
b
in each school year, in relation to those schools in relation to which verification took place in the last preceding school year and in the opinion of the verifying authority, having regard to the results of that verification, a further verification should be made.
3
For the purposes of paragraph (2)(a),
a
verifications carried out pursuant to paragraph (2)(b) shall not count towards the 25% minimum;
b
the verifying authority shall so exercise its functions as to secure that in any period of four years verifications have been completed in relation to all relevant schools.
4
For the purposes of paragraphs (2) and (3), “relevant schools” are all the schools maintained by the verifying authority.
5
On a request by the verifying authority, the head teacher shall provide them with the results of standard task assessments of such number or proportion of pupils, and in such subjects or attainment targets in subjects as they may require, together with the supporting material referred to in paragraph (6) to enable the verifying authority to verify the assessments.
6
The supporting material consists of the pupil’s written response to the standard tasks and such further material as the verifying authority may reasonably require.
7
If after verification the verifying authority consider that the results of the standard task assessments are accurate, they shall so notify the head teacher, and the attainment levels of all pupils at the school determined by standard task assessments (whether or not verified) shall be the levels for the subject in question.
8
If after verification the verifying authority consider that any of the results of the standard task assessments are inaccurate, they shall so notify the head teacher and, if the verifying authority so request, the head teacher shall as soon as practicable–
a
arrange for the results considered to be inaccurate, together with such other results as that authority may request, to be reconsidered by the teachers concerned and subsequently submitted to the verifying authority for verification; and
b
provide the verifying authority with the results of the standard task assessments of all other pupils in the subject in question which have not been verified, together with the supporting material referred to in paragraph (6) for verification.
9
Where any level of attainment determined by the verifying authority differs from the level determined by a standard task assessment, the level determined by the authority after verification shall be the level of attainment.
10
It shall be the duty of the head teacher and the governing body —
a
to permit the verifying authority to enter the premises of the school at all reasonable times in order to observe the implementation of the arrangements specified by this Order;
b
to permit the verifying authority to inspect and take copies of documents and other articles relating to standard task assessment; and
c
to provide to the verifying authority such information relating to assessment as they may reasonably request.
11
For the purpose of exercising their functions under this article the verifying authority shall appoint such competent persons as they think fit.
12
A person is not competent for the purposes of paragraph (11) unless he has recent experience of the provision of the National Curriculum in primary schools.
Determination of attainment by subject: teacher assessment
7
1
Subject to article 8, the provisions of this article regulate the aggregation of AT levels of attainment determined in accordance with article 4 to calculate subject levels of attainment.
2
In the case of English, a pupil’s level of attainment in the subject shall be the average of his levels in each AT.
3
In the case of mathematics, a pupil’s level of attainment in the subject shall be a/b where: a is the aggregate of his levels in each AT and his level in AT2 (number and algebra) weighted by a factor of three, and b is the number of those ATs , with AT2 weighted by a factor of three.
4
In the case of science, a pupil’s level of attainment in the subject shall be a/b where: a is the aggregate of his levels in each AT, with his level in AT1 (scientific enquiry) weighted by a factor of three, and b is the number of those ATs, with AT1 weighted by a factor of three.
Pupils not subject to provisions of the National Curriculum
8
1
The modifications set out in this article apply in respect of pupils to whom provisions of the National Curriculum do not apply (including pupils with statements of special educational needs).
2
Where in the case of any core subject one AT does not apply to such a pupil, this article shall have effect as if the number of ATs applying to the pupil were the total number of ATs in the subject and the AT which does not apply, and any weighting in respect thereof, were ignored.
3
Where more than one AT in a core subject does not apply to such a pupil, this article shall not apply to him in relation to that subject.
Evaluation of Assessment Arrangements
9
The Authority shall make such arrangements as seem to them appropriate for determining the extent to which the provisions of articles 4 to 8 and their implementation achieve the purpose mentioned in article 1(2).
Supplementary powers of the Secretary of State
10
The Secretary of State may make such provisions giving full effect to or otherwise supplementing the provisions made by this Order (other than provisions conferring or imposing functions as mentioned in section 87(7) of the Education Act 2002) as appear to him to be expedient, including in particular provisions as to standard tasks for the purpose of assessing pupils' levels of attainment in any AT or core subject and as to the time when and the manner in which they are to be administered; and any provisions the Secretary of State may so make, shall be published by the Authority.
Stephen Twigg
Parliamentary Under Secretary of State
Department for Education and Skills
7th April 2003


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (Provision of Information by Independent Schools) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations shall apply only in relation to England.
3
These Regulations shall apply to any independent school, except that —
a
regulations 6 and 7, and paragraphs 3(5) to 3(10), 3(15) and 4 to 13 of the Schedule shall not apply to an Academy; and
b
regulations 5 to 7 and the Schedule shall not apply to a city technology college or a city college for the technology of the arts.
Interpretation
4
1
In these Regulations —
“the 2002 Act ” means the Education Act 2002;
“application” means an application under section 160(1) of the 2002 Act to enter an independent school in the register;
“city technology college” or “city college for the technology of the arts” means a school established under section 482 of the Education Act 1996 before 26th July 2002 which is not an Academy;
“school” means an independent school; and
“services” includes professional and voluntary services.
2
Any reference in these Regulations to a person employed at a school is a reference to a person carrying out work to which section 142 of the 2002 Act applies.
Application for registration of an independent school
5
Every application shall —
a
be made in writing;
b
state the first date on which the school intends to admit pupils;
c
contain the information specified in Part 2 of the Schedule; and
d
contain a certificate signed by the proprietor that, to the best of his knowledge and belief, the statements made in the application are accurate.
Return within the first three months of operation
6
The proprietor of a registered school shall deliver to the registration authority within three months of the admission of pupils, or one pupil if that pupil is within section 463(1)(b) of the Education Act 1996 , a return in writing which shall contain —
a
the information specified in Part 3 of the Schedule; and
b
a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the statements made in the return are accurate.
Annual return
7
1
In every school year, the proprietor of a registered school shall deliver to the registration authority an annual return for that school within one month of being requested to do so by the registration authority.
2
Each annual return shall —
a
be provided in writing;
b
be made up to the date specified by the registration authority;
c
contain the information specified in Part 4 of the Schedule; and
d
contain a certificate signed by the proprietor or by a person authorised by him to give the certificate on his behalf that, to the best of his knowledge and belief, the statements made in the annual return are accurate.
Supply of information following dismissal, resignation etc.
8
1
Where the proprietor of a school —
a
has ceased to use a person’s services on a ground —
i
that the person is unsuitable to work with children;
ii
relating to the person’s misconduct; or
iii
relating to the person’s health where a relevant issue is raised, or
b
might have ceased to use a person’s services on such a ground had the person not ceased to provide those services,
the proprietor shall report the facts of the case and provide all the information listed in Part 5 of the Schedule that is available to him in relation to such person to the Secretary of State.
2
The proprietor of a school shall provide the Secretary of State such further information as may be requested by the Secretary of State which he considers relevant to the exercise of his functions under section 142 of the 2002 Act.
3
For the purposes of paragraph (1)(a)(iii), a relevant issue is one which arises where the circumstances of the case, including occasions of conduct other than that in question, are such as to raise an issue concerning the safety and welfare of children.
Deletion of a school from the register
9
If the registration authority is satisfied that the proprietor of a school has failed to comply with any requirement specified in regulation 6, 7 or 8 it may remove that school from the register.
Offence
10
If the proprietor of a school fails to comply with any requirement specified in regulation 6, 7 or 8 he is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Maximum number for existing schools
11
In relation to any school which was registered before 1st September 2003, “the maximum number of pupils” for the purposes of section 162 of the 2002 Act shall become, on the date to which the 2004 annual return is made up, the number of pupils registered at the school on that date.
Revocation
12
The Education (Particulars of Independent Schools) Regulations 1997 are hereby revoked.
David Miliband
Minister of State,
Department for Education and Skills
25th July 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Protection of Children and Vulnerable Adults and Care Standards Tribunal (Amendment) Regulations 2003 and shall come into force on 1st April 2003.
2
In these Regulations, “the Tribunal Regulations ” means the Protection of Children and Vulnerable Adults and Care Standards Tribunal Regulations 2002 .
Amendment of regulation 1 of the Tribunal Regulations
2
In regulation 1(2) of the Tribunal Regulations (citation, commencement and interpretation) —
a
in the definition of “case” —
i
at the end of paragraph (g), the word “or” shall be omitted;
ii
there shall be added at the end the following —
i
an appeal under section 68 of the 2000 Act ; or
j
an appeal under the Suspension Regulations ;
;
b
at the end of the definition of “the respondent” there shall be added the following —
h
in relation to an appeal under section 68 of the 2000 Act, the Council;
i
in relation to an appeal under the Suspension Regulations, the Chief Inspector;
;
c
the following definitions shall be added at the appropriate places —
“Council” means in relation to England, the General Social Care Council or in relation to Wales, the Care Council for Wales ;
“the Suspension Regulations” means the Child Minding and Day Care (Suspension of Registration) (England) Regulations 2003 ;
.
Amendment of regulation 4 of the Tribunal Regulations
3
In regulation 4 of the Tribunal Regulations (procedure for appeals, determinations and applications for leave), there shall be added at the end the following paragraphs —
6
In the case of an appeal under section 68 of the 2000 Act against a decision of the Council under Part IV of the 2000 Act, the procedure set out in Schedule 6 shall apply.
7
In the case of —
a
an appeal under regulation 8(1)(a) of the Suspension Regulations against a decision to suspend the registration of a person acting as a child minder or providing day care; or
b
an appeal under regulation 8(1)(b) of the Suspension Regulations against a refusal to lift the suspension of such registration,
the procedure set out in Schedule 7 shall apply.
.
Amendment of regulation 6 of the Tribunal Regulations
4
In regulation 6 of the Tribunal Regulations (directions) —
a
there shall be added at the beginning the following paragraph —
Z1
This regulation shall not apply in the case of an appeal under the Suspension Regulations.
;
b
in paragraph (1), for the words “in paragraph 6 of Schedule 1, 2 or 3”, there shall be substituted the words “in paragraph 6 of Schedule 1, 2, 3 or 6”.
Insertion of regulation 6A in the Tribunal Regulations
5
After regulation 6 of the Tribunal Regulations there shall be inserted the following new regulation —
Directions: appeals under the Suspension Regulations
6A
1
This regulation shall apply in the case of an appeal under the Suspension Regulations.
2
The President or the nominated chairman may, if he considers it necessary or expedient (and whether at the request of either party or otherwise) —
a
give directions as to the dates by which any document, witness statement or other material upon which any party is intending to rely shall be sent to the Tribunal, and, if the President or the nominated chairman considers it appropriate, to the other party;
b
give any other direction in exercise of his powers under this Part;
c
where the applicant has requested that the case be determined without an oral hearing, give a direction as to the date by which the parties shall send any written representations, regarding the appeal, to the Tribunal.
3
The President or the nominated chairman may direct that exchange of witness statements or other material shall be simultaneous or sequential, as he considers appropriate.
4
The Secretary shall notify the parties as soon as possible in writing of any directions the President or the nominated chairman gives in writing under paragraphs (2) and (3).
.
Amendment of regulation 7 of the Tribunal Regulations
6
In regulation 7 of the Tribunal Regulations (fixing and notification of hearing) —
a
at the beginning of paragraph (2), for the words “The date” there shall be substituted the words “Except in the case of an appeal under the Suspension Regulations, the date”;
b
after paragraph (2), there shall be inserted the following new paragraph —
2A
In the case of an appeal under the Suspension Regulations, the date fixed for the hearing shall be the earliest practicable date having regard to any directions which have been made by the President or the nominated chairman with regard to the preparation of evidence but shall be not later than 10 working days after the date on which the Secretary receives the written response from the respondent under paragraph 3 of Schedule 7.
;
c
at the beginning of paragraph (3), for the words “The Secretary” there shall be substituted the words “Except in the case of an appeal under the Suspension Regulations, the Secretary”;
d
after paragraph (3) there shall be inserted the following new paragraph —
3A
In the case of an appeal under the Suspension Regulations, the Secretary must inform the parties in writing of the date, time and place of the hearing —
a
subject to sub-paragraph (b), by no later than 5 working days before the date fixed for the hearing, or by such later date as the parties may agree;
b
where it appears to the President or the nominated chairman that it is necessary or expedient for the parties to be informed of the hearing at a date later than 5 working days before the date fixed for the hearing, by such date as the President or the nominated chairman may direct.
.
Amendment of regulation 8 of the Tribunal Regulations
7
In regulation 8 of the Tribunal Regulations (multiple appeals) —
a
in paragraph (5), for the words “to make written representations” on both occasions where they occur there shall be substituted the following —
to make —
in the case of an appeal under the Suspension Regulations, oral representations at the commencement of the hearing; or
in any other case, written representations
;
b
in paragraph (6), for sub-paragraph (a) there shall be substituted the following sub-paragraph —
a
any representations made by either party under paragraph (5);
.
Amendment of regulation 16 of the Tribunal Regulations
8
In regulation 16(4)(a) of the Tribunal Regulations (summoning of witnesses), there shall be added after the word “hearing” the words “or has consented to a shorter period of notice”.
Amendment of regulation 35 of the Tribunal Regulations
9
In regulation 35 of the Tribunal Regulations (time), for paragraph (3) there shall be substituted the following paragraph —
3
This regulation does not apply to the time limits provided for initiating an appeal mentioned in paragraph 1 of Schedule 2, 6 or 7.
.
Amendment of the Tribunal Regulations: Schedules 6 and 7
10
After Schedule 5 to the Tribunal Regulations (appeals and applications for leave under section 86 of the 2000 Act), there shall be added the Schedules set out in the Schedule to these Regulations.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
10th March 2003


text:
Citation and commencement
1
This Order may be cited as the Police Authorities (Best Value) Performance Indicators Order 2003 and shall come into force on 1st April 2003.
Performance indicators
2
The performance indicators by reference to which the performance of each police authority in England and Wales can be measured in exercising their functions are hereby specified in —
a
Schedule 1 (citizen focus);
b
Schedule 2 (reducing crime);
c
Schedule 3 (investigating crime);
d
Schedule 4 (promoting safety and security);
e
Schedule 5 (helping the public); and
f
Schedule 6 (resource usage).
Revocation
3
The Police Authorities (Best Value) Performance Indicators Order 2002 is hereby revoked.
John Denham
Minister of State
Home Office
6th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) (No. 2) Regulations 2003, and come into force on 23rd August 2003.
Interpretation
2
In these Regulations, “the principal regulations” means the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001 .
Revocation
3
The Regulations entitled “The Financial Services and Markets Act 2000 (Disclosure of Confidential Information) (Amendment) Regulations 2003” made on 10th April 2003 and registered with the number 2003/1092 are revoked.
Amendment of the principal regulations
4
The principal 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 12B —
12C
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
;
Joan Ryan
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
21st August 2003


text:
1
This Order may be cited as the Registered Health Care Profession (Designation) Order 2003 and shall come into force on 1st November 2003.
2
The profession of paramedics, being a profession mentioned in section 60(2) of the Health Act 1999 , by virtue of being regulated by the Health Professions Order 2001 is hereby designated as a health care profession for the purposes of the definition of “registered health care professional” in section 65(1) of the Police and Criminal Evidence Act 1984.
Hazel Blears
Minister of State
Home Office
25th September 2003


text:
1
These Regulations may be cited as the British Nationality (British Overseas Territories) (Amendment) (No. 2) Regulations 2003 and shall come into force on 1st January 2004.
2
The British Nationality (Dependent Territories) Regulations 1982 shall be amended as follows.
3
For paragraphs (1) and (2) of regulation 6 (Oaths of allegiance) there is substituted —
Citizenship oaths and pledges
6
1
Where a citizenship oath or pledge is required by section 42 of the Act to be made by an applicant for registration or for a certificate of naturalisation, it shall be administered in accordance with the requirements of Schedule 3.
2
If, on an application for registration or for a certificate of naturalisation by an applicant who is required to make a citizenship oath or pledge, the Secretary of State decides that the registration should be effected or the certificate should be granted, he shall cause notice in writing of the decision to be given to the applicant; and the oath or pledge shall be made within three months of the giving of the notice or such longer time as the Secretary of State may allow.
4
In Schedule 3 —
a
in the heading, for “OATH OF ALLEGIANCE” there is substituted “CITIZENSHIP OATH OR PLEDGE”;
b
in the first paragraph, for “An oath of allegiance” there is substituted “A citizenship oath or pledge”; and
c
in the second paragraph, after each reference to “the oath” there is inserted “or pledge”, and the words “or taken” are omitted.
Beverley Hughes
Minister of State
Home Office
8th December 2003