text:
Title, commencement and extent
1
1
This Scheme may be cited as the Fishing Vessels (Decommissioning) Scheme 2003 and shall come into force on the day after the day on which it is laid before Parliament.
2
This Scheme shall apply in relation to England only.
Interpretation
2
1
In this Scheme —
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs;
“application” means an application for grant under this Scheme and “applicant” shall be construed accordingly;
“the appropriate closing date” has the meaning assigned to it in paragraph 4(3);
“the appropriate decommissioning date” has the meaning assigned to it in paragraph 7(3);
“approval” means approval granted under paragraph 6 of this Scheme;
“authorised officer” means any officer authorised in writing by the Secretary of State for the purposes of this Scheme;
“the Commission” means the Commission of the European Community;
“the Community waters” means the sea falling under the sovereignty or within the jurisdiction of the member States;
“Council Regulation 1260/99” means Council Regulation ( EC ) No 1260/1999 of 21st June 1999 laying down general provisions on the structural funds ;
“Council Regulation 2792/99” means Council Regulation (EC) No 2792/1999 of 17th December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector ;
“Council Regulation 2370/02” means Council Regulation (EC) No. 2370/2002 of 20th December 2002 establishing an emergency Community measure for scrapping fishing vessels ;
“day” means all or any part of a period of 24 consecutive hours beginning at midnight;
“decommissioning” has the meaning assigned to it in paragraph 8(4) and “decommission”, “decommissioned” and “decommissioning grant” shall be construed accordingly;
“EC Treaty” means the Treaty establishing the European Community;
“fishing trips” means time spent by a vessel —
steaming between port and fishing ground and between one fishing ground and another; or
engaged in fishing for profit,
and for this purpose “fishing for profit” means fishing with a view to securing a financial return deriving from sale of the sea fish landed;
“grant” means a decommissioning grant under this Scheme;
“the register” means the register of vessels established under section 8 of the Merchant Shipping Act 1995 and “registered” shall be construed accordingly;
“the relevant amount” means such amount as the Secretary of State may from time to time determine; and
“relevant conditions” means any conditions relating to the approval of an application which have been notified to the applicant under paragraph 6(4)(b).
2
Any reference in this Scheme to a European Community instrument which has been amended as at the date this Scheme is made is a reference to the instrument as so amended.
3
Where any action has been taken in anticipation of the coming into force of paragraphs 3 to 5, the action shall be treated for the purposes of this Scheme as if it had taken place after their coming into force, save in so far as that treatment alone would cause an application to be ineligible for consideration for approval through being lodged after the appropriate closing date.
Decommissioning grants
3
1
Subject to sub-paragraph (2), any person who owns a registered vessel —
a
which is at least 10 metres in length;
b
in respect of which there is a relevant licence;
c
which whilst registered has, during the relevant period, spent at least the appropriate number of days at sea on fishing trips;
d
which, in the case of a vessel over 12 metres in registered length had, on the date of application, either a valid vessel certificate under the provisions of the Fishing Vessels (Safety Provisions) Rules 1975 or a letter confirming the completion of a satisfactory survey issued by the Secretary of State for Transport; and
e
which is an English based vessel,
may make an application to the Secretary of State in respect of that vessel.
2
The Secretary of State shall publish a notice specifying the relevant period and the appropriate number of days in such manner as she considers appropriate.
3
For the purposes of this paragraph —
“the appropriate number of days” means such number of days as the Secretary of State may from time to time determine;
“Category A licence” means a licence granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 which authorises fishing in all or any part of the Community waters for all or any of the species of sea fish for which the United Kingdom has a share of the Community total allowable catch ;
“English based vessel” means a vessel the port of administration of which is, throughout the period from 1st January 2003 until the date of the approval relating to the vessel, both dates inclusive, a port in England;
“port of administration” means the port from which the licence granted in respect of a vessel under section 4 of the Sea Fish (Conservation) Act 1967 is issued;
“relevant licence” means a licence granted under section 4 of the Sea Fish Conservation Act 1967 and categorised by the Secretary of State as a Category A licence, other than a Category A (Pelagic Purser), Category A (Pelagic Freezer) and Category A (Pelagic Trawler) licence; and
“the relevant period” means such period as the Secretary of State may from time to time determine.
Applications
4
1
The Secretary of State may from time to time invite applications and where she does so the following provisions of this paragraph shall apply.
2
An application must be lodged with the Secretary of State on or before the appropriate closing date in order to be considered for approval except where the Secretary of State is satisfied that —
a
the particular circumstances of the applicant render it unreasonable to expect his application to be lodged by then, and
b
the date by which his application is lodged is as early as in those circumstances can reasonably be expected.
3
In this Scheme “the appropriate closing date” means such date as the Secretary of State may from time to time determine.
4
The Secretary of State shall publish in such manner as she considers appropriate a notice inviting applications and specifying the appropriate closing date.
5
An application made in pursuance of a notice published under sub-paragraph (4) shall be in writing, shall be made in such form and manner, shall include such information and undertakings and shall be delivered to such addresses as the Secretary of State may specify in the notice or from time to time require.
6
An applicant shall furnish all such further information relating to the application as the Secretary of State may specify in the notice or from time to time require.
7
An application shall be in respect of one vessel only and shall include a bid stating the amount of grant for which the applicant offers to —
a
decommission the vessel;
b
surrender all licences and claims to licences in respect of the vessel in accordance with the requirements of paragraph 9(1)(a); and
c
remove the vessel from the register.
8
No more than one application in pursuance of a notice published under sub-paragraph (4) may be made in respect of any vessel.
9
Where an application in respect of a vessel has been approved by the Secretary of State under paragraph 6, no further application may be made in respect of that vessel without the authority of the Secretary of State.
Consideration of applications
5
1
As soon as reasonably practicable after the appropriate closing date the Secretary of State shall —
a
identify those applications made in pursuance of the notice published under paragraph 4(4) which satisfy the foregoing provisions of this Scheme,
b
subject to sub-paragraph (2), reject any application contrary to Article 7 of Council Regulation 2792/99, as read with Council Regulation 2370/02;
c
reject any application she considers to be unreasonable, unnecessary or unwarranted; and
d
subject to sub-paragraph (6), place all other applications in rank.
2
Notwithstanding sub-paragraph (1)(b), the Secretary of State may consider and, if appropriate, approve any application —
a
made in respect of a vessel which is less than 10 years old at the date of application, or
b
made at an amount higher than the highest available for the vessel under Article 7 of Council Regulation 2792/99, as read with Council Regulation 2370/02, if the Secretary of State is satisfied that it is reasonable to treat the application as if it had been made at the highest amount in question.
3
The Secretary of State may —
a
select an application for approval according to the rank in which it has been placed under sub-paragraph (1) provided that approval of that application, together with any application higher in rank, will not result in the total of the bids relating to those applications exceeding the relevant amount; and
b
where selection of an application would have that result, place the application on a reserve list in the same rank.
4
In exercising her functions under sub-paragraphs (1)(d) and (3) the Secretary of State shall have regard to —
a
the benefit likely to be derived from, and value for money represented by, the bid;
b
the extent to which approval of the application would contribute towards fulfilment of the obligations of the United Kingdom deriving from Annex XVII of Council Regulation (EC) 2341/2002 ; and
c
such other matters as she has intimated in the notice inviting applications published pursuant to paragraph 4(4).
5
The Secretary of State shall select for approval the highest ranked application on the reserve list established in accordance with sub-paragraph (3)(b) where —
a
any amount remaining available after deduction from the relevant amount of the total of the bids for which approval has been granted; and
b
any amount of grant unclaimed by the appropriate decommissioning date or thereafter withheld or recovered under this Scheme in relation to any approval,
together, are sufficient for the approval of that application without exceeding the relevant amount.
6
The Secretary of State may reject an application where —
a
she has reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person; or
b
she is of the opinion that the vessel in respect of which the application is made is not fit for undertaking fishing trips.
Approval of applications
6
1
The Secretary of State shall approve any application which she has selected for approval under paragraph 5(3)(a) or (5).
2
Subject to the provisions of this Scheme, the Secretary of State may at any time —
a
determine conditions to which an approval given under this paragraph shall be subject; and
b
amend such conditions.
3
Without prejudice to the generality of sub-paragraph (2), conditions may be determined which require the applicant to provide such undertakings as the Secretary of State may consider appropriate to the application or which require the applicant to procure such undertakings by third parties as the Secretary of State may consider appropriate to the application and as are capable of legal enforcement by the Secretary of State directly against the person who gave them.
4
The Secretary of State shall in writing —
a
notify applicants of the result of their applications; and
b
notify applicants whose applications she has approved under this paragraph of any conditions which she has determined or amended under sub-paragraph (2).
5
The Secretary of State shall publish in such manner as she considers appropriate a notice identifying the vessels to which applications selected for approval relate.
6
Subject to sub-paragraph (7), the Secretary of State may revoke an approval where she has reasonable grounds for suspecting that there has been any fixing or adjustment of the amount of a bid by, under or in accordance with any agreement (whether legally binding or not) or arrangement with another person.
7
Paragraph 15(4) shall apply to revocation under sub-paragraph (6) as it applies to revocation under paragraph 15.
Eligibility and claims for payment of grant
7
1
Subject to sub-paragraph (2) and paragraph 15, applicants whose applications have been approved under paragraph 6 shall be eligible for payment of grant in accordance with paragraph 11.
2
No grant shall be paid to an applicant in respect of any vessel unless —
a
a claim form in respect of that application, signed by the applicant, has been lodged with the Secretary of State on or before the appropriate decommissioning date; and
b
the Secretary of State is satisfied that the requirements set out in paragraphs 8 and 9 have been complied with.
3
In this Scheme “the appropriate decommissioning date” means such date as the Secretary of State may from time to time determine.
4
The Secretary of State shall publish a notice specifying the appropriate decommissioning date in such manner as she considers appropriate.
5
A claim form submitted in pursuance of a notice published under sub-paragraph (4) shall be in writing, shall be made in such form and manner, shall include such information and declarations and shall be delivered to such addresses as the Secretary of State may specify in the notice or from time to time require and (without prejudice to the generality of the foregoing) shall include declarations that —
a
the vessel has been decommissioned in accordance with the requirements of paragraph 8;
b
all licences and claims to licences have been surrendered in accordance with the requirements of paragraph 9(1)(a); and
c
the vessel has been removed from the register.
6
An applicant shall furnish all such further information in support of the claim form as the Secretary of State may specify in the notice or from time to time require.
7
The Secretary of State shall revoke an approval in respect of which no claim has been lodged on or before the appropriate decommissioning date.
Decommissioning of the vessel
8
1
At least two weeks prior to the decommissioning of the vessel, the applicant shall notify the Secretary of State in writing of the intended date and place of decommissioning (which shall be within a member State) and the proposed method of decommissioning.
2
The vessel shall not be decommissioned until the method of decommissioning notified under sub-paragraph (1) has been approved by the Secretary of State.
3
The vessel shall be decommissioned —
a
before the appropriate decommissioning date; and
b
in accordance with —
i
the method of decommissioning which has been approved by the Secretary of State under sub-paragraph (2); or
ii
in exceptional circumstances and with the consent of the Secretary of State (which may be given before or after the decommissioning), any other method of decommissioning which accords with sub-paragraph (4).
4
In this Scheme “decommissioning”, in relation to a vessel, means the permanent withdrawal of that vessel from operation within the sea fish industry of the European Community by any means within the provisions of Article 7 of Council Regulation 2792/1999 as a result —
a
of permanently breaking up the vessel or otherwise permanently disabling it (but not in either case, by scuttling) so that it is incapable of use for any seagoing purposes; or
b
of permanently transferring the vessel into the ownership of a museum to which sub-paragraph (5) below applies; or
c
where the Secretary of State is satisfied that the vessel is of historic or technical interest, of permanently reassigning it for preservation to historical heritage.
5
This sub-paragraph applies to a museum which —
a
is registered with Resource, that is to say the Council of Museums Archives and Libraries established in April 1999 as the successor to the Libraries Commission and the Museums and Galleries Commission; or
b
has as its purpose or one of its purposes the preservation for the public benefit of a collection of historic, artistic or scientific interest and is wholly maintained out of moneys provided by Parliament.
Surrender of licences and removal from the register
9
1
The applicant shall before the appropriate decommissioning date —
a
surrender the licence referred to in paragraph 3(1)(b), and all current licences in respect of the vessel granted, whether under section 4 of the Sea Fish (Conservation) Act 1967 or otherwise, and any claims to any new licences arising from such licences, to the person who granted such licences and in the case of any licences granted by a person other than by the Secretary of State furnish to the Secretary of State evidence that all such licences have been so surrendered; and
b
take all necessary steps to ensure that the vessel is removed from the register and furnish to the Secretary of State evidence that it has been so removed.
2
In sub-paragraph (1)(a) “licences”, in relation to licences granted otherwise than under section 4 of the Sea Fish (Conservation) Act 1967, includes any written authorisation, consent or permit.
Substantial damage or destruction of vessel
10
1
In the event of the substantial damage or destruction of the vessel to which an application which has been approved under paragraph 6 relates —
a
the applicant shall forthwith notify in writing and provide full details to the Secretary of State of the damage or destruction;
b
the applicant shall with the notice referred to in paragraph (a) furnish the Secretary of State with information concerning —
i
any policy of insurance in respect of the vessel which was in force at the time of that event; and
ii
any criminal or civil proceedings which to the knowledge of the applicant are contemplated or in progress in respect of the event;
c
the applicant shall provide the Secretary of State with such further information as she may require concerning the incident, the insurance arrangements relating to the vessel and any such criminal or civil proceedings;
d
the applicant shall, if requested by the Secretary of State, provide her with written authority authorising contact with the insurers of the vessel; and
e
the applicant shall notify the Secretary of State of any amount received under such policy of insurance, or by way of compensation or damages, as a result of the event.
2
Sub-paragraph (1) shall apply regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before the event occurred.
Amount of grant
11
The amount of grant which applicants who are eligible for payment of grant shall be paid shall be the amount of the bid made by such applicants in their applications save that where a vessel to which a bid relates falls within Article 7 of Council Regulation 2792/99, as read with Council Regulation 2370/02, the amount of the grant may not exceed any maximum for the vessel provided for in those measures.
Method of payment
12
1
Payments by way of grant may be made by the Secretary of State at such time, or by such instalments at such intervals or times, as she may determine.
2
The Secretary of State may decline to make payment of grant to any person other than —
a
the applicant;
b
a bank or building society nominated by the applicant; or
c
a person to whom the applicant has assigned the grant.
Assistance to authorised officers
13
Any applicant or any employee or agent of any applicant shall give to an authorised officer such assistance as the officer may reasonably request to exercise the power conferred on the officer by paragraph 14.
Powers of authorised officers
14
1
An authorised officer at all reasonable hours and on producing, if required to do so, some duly authenticated document showing the authority of the officer, may exercise the powers specified in this paragraph for the purpose of ascertaining whether and to what extent —
a
a person is entitled under paragraph 3 to make the application;
b
the application should be selected under paragraph 5 for approval;
c
paragraphs 8 to 10, and any relevant conditions have been complied with;
d
the decommissioning of the vessel is being, or has been, carried out;
e
any amount of grant is recoverable in accordance with paragraph 15(2);
f
an offence under section 17 of the Fisheries Act 1981 has been or is being committed.
2
Subject to sub-paragraph (3), an authorised officer may enter upon any relevant premises.
3
The power conferred by sub-paragraph (2) may be exercised in relation to premises used as a dwelling house only where reasonable notice of the intended exercise of the power has been given to all residents of that dwelling house.
4
Any authorised officer who has entered any premises in accordance with sub-paragraph (2) may inspect those premises, and any documents on those premises which are or which such officer has reasonable cause to believe are, relevant documents.
5
An authorised officer entering premises by virtue of this paragraph may be accompanied by such other person as the officer considers necessary and sub-paragraphs (2), (4), (6) and (7) and paragraph 13 shall apply in relation to such other person when acting under the instructions of the officer as if they were authorised officers.
6
An authorised officer may —
a
require any person who is an applicant or is an employee or agent of the applicant to produce any relevant documents and to supply such additional information in possession of the person or under their control relating to an application as the officer may reasonably request;
b
inspect any such documents and, where any such documents are kept by means of a computer, have access to, and inspect and check the operation of, any computer and any associated apparatus or material which is or has been used in connection with those documents;
c
require that copies of, or extracts from, any relevant documents be produced; or
d
remove and retain for a reasonable period any relevant document which the officer has reason to believe may be required as evidence of proceedings under this Scheme or which the Ministers may be required to make available to the Commission pursuant to Article 38(6) of Council Regulation 1260/99 and, where any such document is kept by means of computer, require it to be produced in a form in which it may be taken away and in which it is visible and legible.
7
An authorised officer shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on the officer by this Scheme if the court hearing such proceedings is satisfied that —
a
the act was done in good faith;
b
that there were reasonable grounds for doing it; and
c
that it was done with reasonable skill and care.
8
In this paragraph —
“premises” includes any vessel or other vehicle; and
“relevant documents” means any documents relating to the vessel in respect of which an application has been made; and
“relevant premises” means the vessel in respect of which an application has been made and any premises in which relevant documents are retained or in which an authorised officer has reasonable grounds to believe such documents may be retained.
Reduction, withholding and recovery of grant
15
1
If at any time after the Secretary of State has approved an application in respect of any vessel it appears to her —
a
that any of the relevant conditions have been breached or have not been complied with; or
b
without prejudice to the generality of paragraph (a), that any of the circumstances specified in sub-paragraph (3) exist or have occurred,
she may revoke the approval of such application or withhold the grant or any part of the grant in respect of the application.
2
Where approval is revoked under sub-paragraph (1) or under paragraph 6(6) after any payment by way of grant has been made, the Secretary of State may recover on demand an amount equal to the whole or any part of the payment.
3
For the purposes of sub-paragraph (1)(b), the circumstances are —
a
the application or any part of it was not an application which the applicant was entitled under paragraph 3 to make;
b
the application was one which the Secretary of State was obliged to reject under paragraph 5;
c
the applicant or an employee or agent of an applicant —
i
has failed to comply with any requirement imposed by or under paragraph 8, 9, 10 or 13;
ii
has intentionally obstructed any officer in the exercise of the powers of the officer under paragraph 14; or
iii
has given information on any matter relevant to the giving of the approval or the making of a payment relevant to the approval which is false or misleading in a material respect; or
d
there has been damage or destruction of the vessel resulting in the payment to any person of any amount under a policy of insurance or by way of compensation or damages (regardless of whether or not the method of decommissioning the vessel had been approved under paragraph 8(2) before such damage or destruction occurred).
4
Before revoking an approval under this paragraph or reducing or withholding any grant under sub-paragraph (1) or making a demand under sub-paragraph (2), the Secretary of State shall —
a
give the applicant a written explanation of the reasons for the step proposed to be taken;
b
afford the applicant the opportunity of making written representations within such time as the Secretary of State considers reasonable; and
c
consider any such representations.
Interest
16
1
Where the Secretary of State decides to recover on demand payment of an amount in accordance with paragraph 15(2), she may also recover interest on that amount on a daily basis at a rate of 1% above LIBOR for the period beginning with the day following that on which the amount was paid and ending on the day on which the Secretary of State recovers it.
2
In this paragraph “LIBOR”, in relation to any day, means the sterling three month London interbank offered rate in force for that day rounded if necessary to two decimal places.
3
In any proceedings for recovery under this Scheme, a certificate issued by the Secretary of State stating the LIBOR applicable for any day is conclusive evidence of the LIBOR in question if the certificate also states that the Bank of England notified her of the LIBOR in question.
Ben Bradshaw
Parliamentary Under Secretary of State,
Department for Environment, Food and Rural Affairs
2nd October 2003
We approve,
Nick Ainger
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
14th October 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Residence) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Tax Credits Act 2002;
“child” has the same meaning as it has in the Child Tax Credit Regulations 2002 ;
“Crown servant posted overseas” has the meaning given in regulation 5(2);
“partner” means where a person is a member of a married or unmarried couple, the other member of that couple;
“qualifying young person” has the meaning given in regulation 2, read with regulation 5, of the Child Tax Credit Regulations 2002;
“relative” means brother, sister, ancestor or lineal descendant.
2
In these Regulations a person is responsible for a child or qualifying young person if he is treated as being responsible for that child or qualifying young person in accordance with the rules contained in regulation 3 of the Child Tax Credit Regulations 2002.
Circumstances in which a person is treated as not being in the United Kingdom
3
1
A person shall be treated as not being in the United Kingdom for the purposes of Part 1 of the Act if he is not ordinarily resident in the United Kingdom.
2
Paragraph (1) does not apply to a Crown servant posted overseas or his partner.
3
A person who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom shall be treated as being ordinarily resident in the United Kingdom.
4
For the purposes of working tax credit, a person shall be treated as being ordinarily resident if he is exercising in the United Kingdom his rights as a worker pursuant to Council Regulation ( EEC ) No.1612/68 or Commission Regulation (EEC) No.1251/70 or he is a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC .
Persons temporarily absent from the United Kingdom
4
1
A person who is ordinarily resident in the United Kingdom and is temporarily absent from the United Kingdom shall be treated as being in the United Kingdom during the first —
a
8 weeks of any period of absence; or
b
12 weeks of any period of absence where that period of absence, or any extension to that period of absence, is in connection with —
i
the treatment of his illness or physical or mental disability;
ii
the treatment of his partner’s illness or physical or mental disability;
iii
the death of a person who, immediately prior to the date of death, was his partner;
iv
the death, or the treatment of the illness or physical or mental disability, of a child or qualifying young person for whom either he or his partner is, or both of them are, responsible; or
v
the death, or the treatment of the illness or physical or mental disability, of his or his partner’s relative.
2
A person is temporarily absent from the United Kingdom if at the beginning of the period of absence his absence is unlikely to exceed 52 weeks.
Crown servants posted overseas
5
1
A Crown servant posted overseas shall be treated as being in the United Kingdom.
2
A Crown servant posted overseas is a person performing overseas the duties of any office or employment under the Crown in right of the United Kingdom —
a
who is, or was, immediately prior to his posting or his first of consecutive postings, ordinarily resident in the United Kingdom; or
b
who, immediately prior to his posting or his first of consecutive postings, was in the United Kingdom in connection with that posting.
Partners of Crown servants posted overseas
6
1
The partner of a Crown servant posted overseas who is accompanying the Crown servant posted overseas shall be treated as being in the United Kingdom when he is either —
a
in the country where the Crown servant is posted, or
b
absent from that country in accordance with regulation 4 as modified by paragraphs (3) and (4).
2
Regulation 4 applies to the partner of a Crown servant posted overseas with the modifications set out in paragraphs (3) and (4).
3
Omit the words “ordinarily resident in the United Kingdom and is”.
4
In relation to a partner who is accompanying the Crown servant posted overseas the references to “United Kingdom” in the phrase “temporarily absent from the United Kingdom”, in both places where it occurs, shall be construed as references to the country where the Crown servant is posted.
Transitional Provision –income support and income-based jobseeker’s allowance
7
A person is exempt from the requirement to be ordinarily resident in the United Kingdom (which is set out in regulation 3(1)) in respect of child tax credit on and for three years after the date on which the award of child tax credit is made where —
a
the award of child tax credit would be made on or after 6th April 2004;
b
immediately before the award of child tax credit is made, he is, or will be on the making of a claim, entitled to any of the amounts in relation to income support and income-based jobseeker’s allowance which are described in section 1(3)(d) of the Act; and
c
he is a person to which one or more of the following provisions applies —
i
paragraph (b) or (c) in the definition of “person from abroad” in regulation 21(3) of the Income Support (General) Regulations 1987 ;
ii
paragraph (b) or (c) in the definition of “person from abroad” in regulation 85(4) of the Jobseeker’s Allowance Regulations 1996 ;
iii
paragraph (b) or (c) in the definition of “person from abroad” in regulation 21(3) of the Income Support (General) (Northern Ireland) Regulations 1987 ;
iv
paragraph (b) or (c) in the definition of “person from abroad” in regulation 85(4) of the Jobseeker’s Allowance Regulations (Northern Ireland)1996 .
John Heppell
Philip Woolas
Two of the Lords Commissioners of Her Majesty’s Treasury
11th March 2003


text:
Citation and Commencement
1
These Regulations may be cited as the Road Vehicles (Construction and Use) (Amendment) (No. 3) Regulations 2003 and shall come into force on 1st September 2003.
Preliminary
2
The Road Vehicles (Construction and Use) Regulations 1986 shall be further amended in accordance with the following provisions of these Regulations.
Amendment to the Table in regulation 4(4) (exemptions)
3
1
Regulation 4(4) shall be amended as follows.
2
In column 3 of item 2 in the Table, after the words “regulations 7, 8, 10, 10A, 40 and 53” there shall be inserted
; and
additionally, in respect of any passenger vehicle with a maximum gross weight exceeding 10 tonnes registered in one or more member States, regulations 36A(2), 36A(7) and 36A(9);
additionally, in respect of any goods vehicle with a maximum gross weight exceeding 12 tonnes registered in one or more member States, regulations 36(B)(2), 36B(9) and 36B(11)
.
Amendment of regulation 36A (speed limiters)
4
In regulation 36A, paragraph (9A) shall be omitted.
Amendment of regulation 36B (speed limiters)
5
1
Regulation 36B shall be amended as follows.
2
In paragraph (2), for “paragraphs (5) and (14)” there shall be substituted “paragraph (14) ”.
3
In paragraph (8), “or a paragraph (3) vehicle” shall be omitted.
4
In paragraph (10), “or a speed limiter fitted at any time to a paragraph (3) vehicle” shall be omitted.
Amendment of Part II of Schedule 3B (the conditions)
6
1
Part II of Schedule 3B shall be amended as follows.
2
In paragraph 6(a), for “paragraph (3)(a), (b) and (d)” there shall be substituted “paragraph (5)(b), (6) and (8)”.
3
In paragraph 6(b), for “paragraph (3)(a), (b) and (d)” there shall be substituted “paragraphs (7)(b) and (10) and in addition those of paragraph (8) or (9)”.
4
In paragraph 7, for “paragraph (3)(c)” there shall be substituted “paragraph (5)(a)”.
5
In paragraph 8, for “paragraph (3)(c)” there shall be substituted “paragraph (7)(a)”.
6
In paragraph 10, for “regulation 70B” there shall be substituted “regulation 70A”.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
28th July 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Tobacco Advertising and Promotion (Sponsorship) Transitional (Amendment) Regulations 2003 and shall come into force on 27th June 2003.
2
These Regulations extend to England, Wales and Northern Ireland.
Amendment of the Tobacco Advertising and Promotion (Sponsorship) Transitional Regulations 2003
2
In regulation 3(2)(b)(ii) of the Tobacco Advertising and Promotion (Sponsorship) Transitional Regulations 2003 after the word “visible” there shall be inserted the word “tobacco”.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
23rd May 2003


text:
Citation and commencement
1
These Regulations may be cited as the Motor Fuel (Composition and Content) (Amendment) Regulations 2003 and shall come into force on 31st December 2003.
Amendment of the Motor Fuel (Composition and Content) Regulations 1999
2
The Motor Fuel (Composition and Content) Regulations 1999 shall be further amended in accordance with the following provisions of these Regulations.
Interpretation
3
In regulation 2 (general interpretation) —
a
in the definition of “the Directive”, for “as amended by Commission Directive 2000/71/ EC ” there shall be substituted “as last amended by Directive 2003/17/EC of the European Parliament and of the Council” ;
b
after the definition of “filling station tank” there shall be inserted —
“gas oil” means any petroleum-derived liquid falling within CN codes 2710 19 41 and 2710 19 45;
;
c
in the definition of “motor fuel” after “diesel fuel” there shall be inserted “or gas oil”;
d
after the definition of “motor fuel” there shall be inserted the following definition —
“mg/ kg ” means milligrams per kilogram;
; and
e
for the definition of “sell” there shall be substituted —
“sell” means —
in relation to motor fuel which is petrol or diesel fuel, to sell by retail at a filling station;
in relation to motor fuel which is gas oil, to sell to a person for use by that person, and “sale” and “sold” shall be construed accordingly.
Interpretation of requirements relating to petrol and diesel fuel
4
1
Regulation 3 shall be amended as follows.
2
In the heading for “motor fuel” there shall be substituted “petrol and diesel fuel”.
3
In paragraph (2) —
a
in sub-paragraph (a) for “from 1st January 2000” there shall be substituted “before 1st January 2005”;
b
in sub-paragraph (b) after “2005” there shall be inserted “and before 1st January 2009”; and
c
following sub-paragraph (b) there shall be inserted the following new sub-paragraph —
c
on or after 1st January 2009 it complies with the environmental specifications in Annex III of the Directive with 10 mg/kg as the maximum sulphur content.
4
In paragraph (3) —
a
in sub-paragraph (a) for “from 1st January 2000” there shall be substituted “before 1st January 2005”;
b
in sub-paragraph (b) after “2005” there shall be inserted “and before 1st January 2009”; and
c
following sub-paragraph (b) there shall be inserted —
c
on or after 1st January 2009 it complies with the environmental specifications in Annex III of the Directive with 10 mg/kg as the maximum sulphur content.
5
In paragraph (5) —
a
in sub-paragraph (a) for “from 1st January 2000” there shall be substituted “before 1st January 2005”;
b
in sub-paragraph (b) after “2005” there shall be inserted “and before 1st January 2009”; and
c
following sub-paragraph (b) there shall be inserted —
c
from 1st January 2009 it complies with the environmental specifications in Annex IV of the Directive with 10 mg/kg as the maximum sulphur content.
Restrictions and exemptions relating to the distribution and sale of petrol and diesel fuel
5
In the headings to regulations 4 and 5, for “motor fuel” there shall in each case be substituted “petrol or diesel fuel”.
Restrictions on the sale of gas oil
6
After regulation 5 there shall be inserted the following regulation —
Restrictions on the sale of gas oil
5A
No person shall sell gas oil for use within the United Kingdom —
a
if he knows that the gas oil is intended for use in non-road mobile machinery or agricultural or forestry tractors; and
b
if the sale takes place —
i
before 1st January 2008 the sulphur content is 2,000 mg/kg or higher; or
ii
on or after 1st January 2008 the sulphur content exceeds 1,000 mg/kg.
Exemptions relating to the distribution or sale of motor fuel
7
1
Regulation 6 shall be amended as follows.
2
In paragraphs (1) and (3), for “Regulations 4 and 5” in both places occurring there shall be substituted “Regulations 4, 5 and 5A”.
3
In paragraph 5, for “regulation 4 or 5” there shall be substituted “regulations 4, 5 or 5A”.
Powers of the Secretary of State to grant exemptions
8
In regulation 7(1), for “Articles 3(5), 4(3) and 7” there shall be substituted “Article 7”.
Applications for leaded petrol permits
9
In Schedule 1, in paragraph 5, for “1st January 2000” there shall be substituted “the first day from which the permit is to apply”.
Signed by the authority of the Secretary of State
Tony McNulty
Parliamentary Under Secretary of State,
Department for Transport
27th November 2003


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Measuring Equipment (Liquid Fuel and Lubricants) (Amendment) Regulations 2003 and shall come into force on 3rd November 2003.
2
These Regulations extend to Great Britain.
Effect and interpretation
2
These Regulations have effect for the purposes of further amending the Measuring Equipment (Liquid Fuel and Lubricants) Regulations 1995 (“the principal Regulations”); and accordingly a reference to a numbered provision in the following provisions of these regulations is a reference to the provision so numbered in the principal Regulations.
Sales indicators
3
For regulation 6 there is substituted the following —
Sales indicators
6
Every individual sales indicator fitted to measuring equipment shall be so arranged that the indicator reading —
a
is capable of being set to zero before a delivery commences;
b
remains at zero until liquid fuel starts to emerge from the equipment; and
c
cannot be advanced by any means other than by the proper operation of the equipment.
.
Indication of product delivered
4
There is inserted after regulation 6 the following regulation —
Indication of product delivered
6A
1
Subject to paragraphs (3) and (4) of this regulation, any measuring equipment which delivers a product —
a
the composition of which is in accordance with a British Standard of the British Standards Institution listed in column 3 of the table below; or
b
which is represented (whether by an indication marked on or referable to the instrument or otherwise) by the seller to be a product listed in column 1 of the table,
shall when in use for trade be marked with the name of that product as it appears in column 1 and the number of the relevant British Standard as it appears in column 2.
Table
Column 1 Column 2 Column 3 Product Number Title of British Standard
Unleaded petrol BS EN 228: 2000 BS EN 228: 2000 ‘Automotive fuels. Unleaded petrol. Requirements and test methods.’ ISBN 0 580 34956 X High octane (super) unleaded petrol BS 7800: 2000 BS 7800: 2000 ‘Automotive fuels. High octane (super) unleaded petrol. Specification.’ ISBN 0580 33226 8 Diesel BS EN 590: 2000 BS EN 590: 2000 ‘Automotive fuels. Diesel. Requirements and test methods.’ ISBN 0 580 34906 3 Leaded petrol BS 4040: 1997 BS 4040: 1997 ‘Specification for leaded petrol (gasoline) for motor vehicles.’ ISBN 0 580 27649 X
2
Subject to paragraphs (3) and (4) of this regulation, any measuring equipment which delivers a product other than a product listed in the above table shall be marked with an indication of the product delivered which is sufficiently clear to enable the buyer to identify the product.
3
This regulation applies —
a
on and after 3rd November 2003 to measuring equipment first passed as fit for use for trade on and after that date; and
b
on and after 3rd November 2004 to measuring equipment first passed as fit for use for trade before 3rd November 2003.
4
This regulation does not apply to any equipment used in the absence of the buyer.
.
Markings on equipment
5
In regulation 7, the words “product or” are inserted between “method of operation or to the” and “quantity of liquid fuel delivered”.
Relaxation of requirement to test at low flow rate
6
To regulation 10A(3) there is added the following —
Provided that in the case of a 20 litre test delivery pursuant to paragraph (2) above, only one delivery need be taken at the highest flow rate, and accordingly a low flow rate delivery, whilst not required, may be taken if the inspector considers it appropriate.
.
Prescribed limits of error
7
For regulation 17(6) there is substituted the following:
6
On the testing of any measuring equipment fitted with a price computing device, the difference between —
a
the price indicated by that device; and
b
the price computed on the basis of the unit price and of —
i
the quantity indicated for test purposes; or
ii
where the equipment is incapable of indicating the quantity for test purposes, the quantity indicated for use for trade,
shall not exceed the price of the quantity equal to the error in deficiency set out in the said Table 2 in relation to passing as fit for use for trade having regard to the dynamic viscosity of the test liquid employed; provided that the difference need not be less than the lowest value coin in circulation in the country or territory in which the equipment is used or intended to be used.
.
Inspector to attach test report
8
After regulation 17, there is inserted the following regulation —
Inspector to attach test report
17A.
1
Without prejudice to the duty of the inspector, pursuant to section 11(6) of the Act, to keep a record of every test carried out by him, where measuring equipment is tested by an inspector at the place of its manufacture or assembly or at testing premises, the inspector shall in addition attach securely to the inside of the measuring equipment a copy of the test record.
2
The test record shall include at least the following particulars —
a
the certification number of the certificate of approval;
b
a list of the components of the measuring equipment;
c
details of the testing procedures carried out;
d
details of the test liquid used;
e
the test results; and
f
the inspector’s name, identification number and the name of the local weights and measures authority in which he holds office.
3
In this regulation “testing premises” has the same meaning as it has in regulation 12.
.
Measuring equipment imported from another EEA State
9
In regulation 18 the following are omitted —
a
in the title, the words “another member State or”;
b
in paragraph (1), the words “from another member State or”;
c
in paragraph (2)(b), the words “but until the EEA Agreement comes into force in relation to Liechtenstein does not include the State of Liechtenstein”; and
d
in paragraph (3), the words “in a member State or” on both occasions that they occur.
10
In regulation 19(2), the words “from another member State or” are omitted.
Repeal of regulation 26
11
Regulation 26 is revoked.
Nigel Griffiths,
Parliamentary Under Secretary of State for Small Business and Enterprise,
Department of Trade and Industry
9th August 2003


text:
Citation, commencement and interpretation
1
1
This Order shall be cited as the District of Adur (Scheme for Elections of Specified Council) Order 2003, and shall come into force on 6th May 2003.
2
In this Order, “the district” means the district of Adur.
Specified authority
2
The council of the district is specified under section 86 of the Local Government Act 2000 for the purposes of this Order.
New scheme for the ordinary election of councillors
3
1
Subject to the following provisions of this article, the scheme for the ordinary election of councillors for wards of the district shall be a scheme under which —
a
the term of office of councillors is four years;
b
the elections are held on the ordinary day of elections of councillors in 2006 and every second year after 2006;
c
one half (or as nearly as may be) of the councillors are elected in each year in which the elections are held; and
d
one half (or as nearly as may be) of the councillors retire in each year in which the elections are held.
2
Of the councillors to be elected for each ward of the district in 2004 —
a
one councillor shall retire in 2006 and accordingly the term of office of that councillor shall be two years; and
b
the other councillor, or, in the case of Widewater ward, the other two councillors, shall retire in 2008 and accordingly the term of office of each such councillor shall be four years.
3
The councillor who shall retire first in each ward for the purpose of paragraph (2)(a) above shall, subject to paragraph (4), be the councillor who was elected by the smallest number of votes.
4
In the case of an equality of votes between the persons elected for any ward which makes it uncertain which of them is to retire first, that question shall be determined by lot.
5
The lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing of the lot shall be conducted under the direction of the person presiding at the meeting.
6
All councillors retiring in any year of retirement shall do so on the fourth day after the ordinary day of election of councillors in that year, and the newly-elected councillors who succeed those retiring shall come into office on the day on which their predecessors retire.
Amendment and revocation
4
1
For paragraphs (3) to (7) of article 4 of the District of Adur (Electoral Changes) Order 2002, there shall be substituted —
3
Subject to paragraph (4), the number of councillors to be elected for each ward shall be two.
4
The number of councillors to be elected for Widewater ward shall be three.
.
2
Schedule 2 to that Order shall be revoked.
Signed by authority of the Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
1 st April 2003


text:
Citation and commencement
1
This Order may be cited as the Merseyrail Electrics Network Order 2003 and shall come into force on 29th July 2003.
Interpretation
2
In this Order —
“the 1993 Act ” means the Railways Act 1993;
“concession agreement” means an agreement entered into by the Merseyside PTE (using its powers under section 10 of the Transport Act 1968 ) pursuant to which another person agrees to provide railway passenger services on the Merseyrail Electrics network;
“concession operator” means, in relation to a concession agreement, the person who has agreed to provide railway passenger services on the Merseyrail Electrics network under that agreement;
“the Merseyrail Electrics network” means the network incorporating railway lines which run exclusively along the routes specified in the Schedule and which is used for the support, guidance and operation of trains serving exclusively those routes;
“the Merseyside PTE” means the Merseyside Passenger Transport Executive; and
“network station” means a station at which the only regular railway passenger services which are provided operate exclusively on the Merseyrail Electrics network.
Modification of the general duties of the Rail Passengers’ Council
3
1
The duties imposed by section 76 of the 1993 Act shall, in relation to railway passenger services which operate exclusively on the Merseyrail Electrics network and station services relating to the provision or operation of a network station, apply with the following modifications.
2
Section 76 shall be read as if:
a
for the references to a “franchise agreement” there were substituted references to the concession agreement under which such services are for the time being provided;
b
for the references to “the franchisee” there were substituted references to the concession operator under the relevant concession agreement;
c
in subsections (2), (4), (5), (5A), (6)(b) and (7), for the references to “the Authority” there were substituted “the Merseyside Passenger Transport Executive”; and
d
in subsection (6)(a), after the reference to “the Secretary of State” there were inserted the words “the Merseyside Passenger Transport Executive”.
3
In section 76(4)(b), references to services provided on behalf of the Merseyside PTE shall not include services provided under a concession agreement.
4
Where the Rail Passengers’ Council considers it appropriate to do so, a matter may be referred under section 76(5) to the Strategic Rail Authority in addition to the Merseyside PTE.
5
Section 76(8) shall be disregarded.
Modification of the general duties of Rail Passengers’ Committees
4
1
The duties imposed by section 77 of the 1993 Act shall, in relation to railway passenger services which operate exclusively on the Merseyrail Electrics network and station services relating to the provision or operation of a network station, apply with the following modifications.
2
Section 77 shall be read as if:
a
for the references to a “franchise agreement” there were substituted references to the concession agreement under which such services are for the time being provided;
b
for the references to “the franchised services” there were substituted references to the services provided under the relevant concession agreement;
c
for the references to “the franchisee” or “the franchise operator” there were substituted references to the concession operator under the relevant concession agreement; and
d
in subsections (2), (3), (4), (4A) and (5)(b), for the references to “the Authority” there were substituted “the Merseyside Passenger Transport Executive”.
3
In section 77(3)(b), references to services provided on behalf of the Merseyside PTE shall not include services provided under a concession agreement.
4
Where a Rail Passengers’ Committee considers it appropriate to do so, a matter may be referred under section 77(4) to the Strategic Rail Authority in addition to the Merseyside PTE.
5
In section 77(6), (7) and (8), a reference to “the Authority” may be construed as if it were a reference to either “the Merseyside Passenger Transport Executive” or “the Authority”, as appropriate.
6
Section 77(10) shall be disregarded.
Signed by authority of the Secretary of State for Transport
Kim Howells
Minister of State,
Department for Transport
7th July 2003


text:
Citation and commencement
1
This Order may be cited as the Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2003 and shall come into force on 1st January 2004.
Interpretation
2
In this Order —
“ the Act ” means the Immigration and Asylum Act 1999;
“immigration advice” and “immigration services” have the same meanings as in section 82 of the Act;
“work permit” has the same meaning as in section 33(1) of the Immigration Act 1971 ;
“immediate family” means a person’s spouse, and children below eighteen years of age;
“ EEA national” means a person to whom the Immigration (European Economic Area) Regulations 2000 apply;
“family member of an EEA national” has the same meaning as in the Immigration (European Economic Area) Regulations 2000.
Exemption of relevant employers
3
1
Subject to paragraph (2), the following category of person is hereby specified for the purposes of section 84(4)(d) of the Act (provision of immigration services), namely, a person who provides immigration advice or immigration services free of charge to an employee or prospective employee who —
a
is the subject of an application for a work permit submitted by the prospective employer;
b
has been granted a work permit entitling him to work with the employer; or
c
is an EEA national or the family member of an EEA national,
where the immigration advice or immigration services are restricted to matters which concern that employee or prospective employee or his immediate family.
2
For the purposes of paragraph (1), the person providing the immigration advice or immigration services must be the employer or prospective employer of the person receiving the advice or services, or an employee of that employer acting as such.
Beverley Hughes
Minister of State
Home Office
8th December 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (School Organisation Proposals) (England) (Amendment) Regulations 2003 and shall come into force on 1st June 2003.
2
In these Regulations “the Principal Regulations ” means the Education (School Organisation Proposals) (England) Regulations 1999 .
Amendment of Principal Regulations
2
The Principal Regulations shall be amended in accordance with regulations 3 to 17 below.
3
In regulation 2 —
a
in paragraph (1) —
i
after the definition of “16-19 institution” there shall be inserted the following definitions —
“admission number” means the number of pupils in any relevant age group that it is intended to admit or (where the context requires) have been admitted, as determined by the admission authority in accordance with sections 89 and 89A of the Act ;
“the capacity guidance” means the Department for Education and Skills Guidance “Assessing the Net Capacity of Schools” issued in August 2002, reference number DfES/0739REV/2001 ;
;
ii
the definition of “city academy” shall be omitted;
iii
after the definition of further education college there shall be inserted the following definition –
“indicated admission number” means the number of pupils in any relevant age group referred to as such in, and determined in accordance with, the net capacity assessment method set out in the capacity guidance;
; and
iv
at the end there shall be inserted “and any reference to paragraph 7, 8 or 9 of Schedule 7 includes a reference to any of those paragraphs as they apply, by virtue of section 71(7) of the Education Act 2002, to proposals made under section 71(4) of that Act.”;
b
for paragraph (2) there shall be substituted the following paragraph —
2
For the purposes of these Regulations, except Part VI of Schedule 3, the capacity of a school shall be the net capacity determined in accordance with the capacity guidance;
.
4
For regulation 3 there shall be substituted the following regulation —
Alterations for which proposals must be published
3
1
The alterations specified in Part I of Schedule 1 to these Regulations are prescribed as alterations for which proposals must be published —
a
under section 28(1)(b) or (c); and
b
under section 28(2)(b) by the governing body of a foundation or voluntary school.
2
The alterations specified in Part II of Schedule 1 to these Regulations are prescribed as alterations for which proposals must be published under section 28(2)(b) by the governing body of a community school.
.
5
In regulation 4 —
a
for paragraph (1) there shall be substituted the following paragraph —
1
This regulation prescribes for the purposes of section 28(3)(a), section 29(3)(a), paragraph 5(2)(a) of Schedule 7, section 71(5)(a) of the Education Act 2002 (where the proposals relate to a mainstream school) and paragraph 5(1)(a) of Schedule 23, the information which proposals published under section 28, section 29, or paragraph 5 of Schedule 7, made under section 71(4) of the Education Act 2002 or published under paragraph 5 of Schedule 23 must contain.
;
b
in paragraph (2) for “or paragraph 5(2) of Schedule 7” there shall be substituted “paragraph 5(2) of Schedule 7 or section 71(5)(a) of the Education Act 2002.”.
6
In regulation 5(1) —
a
for “and paragraph 5(2)(b) of Schedule 7 (in both cases where the proposals relate to a mainstream school)” there shall be substituted “paragraph 5(2)(b) of Schedule 7 and section 71(5)(b) of the Education Act 2002 (in cases where the proposals relate to a mainstream school)”; and
b
after “paragraph 5 of Schedule 7” there shall be inserted “section 71(5) of the Education Act 2002”.
7
In regulation 7 —
a
in paragraphs (1)(a) and (b), (2) and (3) after “objections to” (in each place where those words occur) there shall be inserted “or comments on”; and
b
in paragraph (2)(a) for “two months” there shall be substituted “six weeks”.
8
Regulation 9 shall be renumbered 9(1), and in regulation 9 (as so renumbered) —
a
after paragraph (1)(f) there shall be inserted the following paragraph —
fa
the formation of any federation (within the meaning of section 24(2) of the Education Act 2002) of which it is intended that a proposed school should form part, or the fulfilling of any other condition relating to the proposed school forming part of a federation;
;
b
for paragraph (1)(g) there shall be substituted the following paragraph —
g
the making of any agreement under section 482(1) of the 1996 Act for the establishment of an Academy, where the proposals in question provide for some or all of the pupils currently at the school which is the subject of the proposals to transfer to the Academy.
;
c
after paragraph (1)(i) there shall be inserted the following paragraph —
ia
the agreement to any change in admission arrangements specified in the approval, relating to any other school;
;
d
after paragraph (1) there shall be inserted the following paragraph —
2
For the purposes of paragraph (1)(ia) above a change in admission arrangements is agreed —
a
in a case where the change arises from the admission arrangements for the school year in question being different from the admission arrangements for the previous school year, if the admission arrangements are determined under section 89(4) of the Act and either —
i
no objection is made to the change in accordance with section 90 of the Act, or
ii
if an objection to the change is made and referred to the adjudicator in accordance with section 90 of the Act, the objection is not upheld;
b
in a case where the change arises from a variation made under section 89(5) of the Act or made under the Education (Variation of Admission Arrangements)(England) Regulations 2002 where the variation is required to be referred to the adjudicator, if the adjudicator determines that the variation should have effect without modifications; and
c
in a case where the change arises from a variation made under those regulations where the variation is not required to be referred to the adjudicator, when the variation is made.
.
9
In regulation 10, in paragraphs (2)(a), (2)(b), (3)(c)(ii) and (4) after “objections” (in each place where it occurs) there shall be inserted “or comments”.
10
After regulation 10 there shall be inserted the following regulations —
Limitations on power of committee to refer matters to adjudicator
10A
The School Organisation Committee may only refer any proposals to the adjudicator under paragraph 3(2)(d) of Schedule 6 or paragraph 8(2A) of Schedule 7, or refer any matter to the adjudicator under paragraph 5(6A) of Schedule 6 if —
a
they have voted on the proposals or matter, but
b
at least two groups of members (within the meaning of regulation 13(1)) did not vote because members of each group had declared an interest in the proposals or matter in question.
Limitation on power of local education authority to refer proposals to School Organisation Committee
10B
A local education authority may only refer any proposals to the School Organisation Committee under paragraph 4(4A) of Schedule 6 where it appears to them that it may be appropriate, if the proposals are approved, for the approval to be expressed (in accordance with paragraph 3(3) of Schedule 6) to take effect only if an event specified in the approval occurs by the date so specified.
Reference to adjudicator of proposals rejected by Committee
10C
1
A school falls within paragraph 3(6C)(a) of Schedule 6 (which provides that where the school organisation committee reject proposals to make an alteration to a school and the school is of a prescribed description the committee shall refer the proposals to the adjudicator if the governing body so request) if it is a popular school but not a grammar school.
2
An alteration falls within paragraph 3(6C)(b) of Schedule 6 (which provides that where the school organisation committee reject proposals to make an alteration to a school and the alteration is of a prescribed description the committee shall refer the proposals to the adjudicator if the governing body so request) if it is an alteration specified in paragraph 1, 2, 11 or 12 of Schedule 1 to these Regulations.
3
Any request made pursuant to paragraph 3(6A) or (6C) of Schedule 6 by promoters or a governing body for the school organisation committee to refer proposals to the adjudicator shall be made to the committee within 28 days from the date on which the committee notify the promoters or governing body, pursuant to regulation 12(2), that the proposals have been rejected.
4
For the purposes of this regulation —
a
“grammar school” has the same meaning as in Chapter II of Part III of the Act;
b
a school is a “popular school” if the number of unsuccessful appeals against a decision refusing an applicable child admission to the school for the school year in which the proposals are rejected by the committee exceeds 10 per cent of the total of the admission numbers for the compulsory school age relevant age groups for that school year, where the school is a secondary school, or 5 per cent of that total, where the school is a primary school;
c
an “unsuccessful appeal” is an appeal pursuant to arrangements made under section 94 of the Act (which is not withdrawn) and which is rejected;
d
an “applicable child” is a child in a compulsory school age relevant age group; and
e
a “compulsory school age relevant age group” is a relevant age group relating to pupils of compulsory school age.
.
11
In regulation 12 for paragraph (1) there shall be substituted the following paragraph —
1
The school organisation committee shall, within two weeks from the date on which such proposals were sent to them —
a
send to the Secretary of State a copy of all published proposals which are sent to them under section 28(6) (including proposals sent to them under section 28(6) as it has effect by virtue of Schedule 4 to these Regulations) or section 29(5), and
b
send to the Learning and Skills Council for England a copy of all such proposals if they relate to sixth form education,
where (in either case) the proposals relate to mainstream schools.
12
In regulation 14 after paragraph (2) there shall be inserted the following paragraph —
3
Where by virtue of paragraph 3(6A) or (6C) of Schedule 6 the committee are required to refer any proposals to the adjudicator they shall do so within two weeks of the receipt of the request under either of those sub-paragraphs.
.
13
In Schedule 1 —
a
under the heading “ALTERATIONS FOR WHICH PROPOSALS MUST BE PUBLISHED” there shall be inserted —
PART I
ALTERATIONS WHERE PROPOSALS ARE REFERRED TO IN REGULATION 3(1)
;
b
in paragraph 2(3) the definitions of “admission number” and “relevant age group” shall be omitted; and
c
for paragraph 3 there shall be substituted the following paragraph —
3
The alteration of the upper age limit by a year or more, except —
a
an alteration which consists of providing or ceasing to provide education for pupils over compulsory school age who are repeating a course of education completed before they reach compulsory school age; or
b
an alteration resulting from persons beginning to be provided with education falling within section 80(1) of the Act.
In this paragraph “the upper age limit” in relation to a school means the highest age of pupils for whom education is normally provided at the school.
;
d
after paragraph 3 there shall be inserted the following paragraph —
3A
The alteration of the lower age limit such that, when taken with all previous such alterations (if any) taking place since the appropriate date, the lower age limit is at least a year lower than the lower age limit on the appropriate date.
In this paragraph —
“the lower age limit” in relation to the school means the lowest age of pupils for whom education is normally provided at the school; and
“the appropriate date” means whichever is the latest of the following dates —
the date falling five years before the date on which the local education authority or, as the case may be, the governing body, form the intention to make the alteration in question;
the date on which the school was established;
where any proposals for the making of a significant change of character of the school or a prescribed alteration to the school consisting of a change in the lower age limit has been approved under any of the provisions mentioned in paragraph 1 above, the date (or latest date) on which any such proposals were implemented; and
where the local education authority have determined to implement any proposals for the making of a significant change in the character of the school or a prescribed alteration to the school consisting of a change in the lower age limit under section 12(7) of the Education Act 1980 , section 38 of the Education Act 1996 or paragraph 4 of Schedule 6, the date (or latest date) on which any such proposals were implemented.
;
e
after paragraph 10 there shall be inserted the following —
PART II
ALTERATIONS WHERE PROPOSALS ARE REFERRED TO IN REGULATION 3(2)
11
An enlargement such as is mentioned in paragraph 1.
12
An increase in the number of pupils such as is mentioned in paragraph 2.
13
The alteration of the upper age limit so as to provide sixth form education other than such an alteration resulting from persons being provided with education falling within section 80(1) of the Act.
In this paragraph “the upper age limit” in relation to a school means the highest age of pupils for whom education is normally provided at the school
.
14
In Schedule 2 —
a
for paragraph 5 there shall be substituted —
5
The category of school (that is to say, community school, foundation school, voluntary aided school, voluntary controlled school or maintained nursery school) into which the proposed school will fall.
;
b
after paragraph 7 there shall be inserted the following paragraph —
7A
A description of what the proposals are intended to deliver in terms of community cohesion.
;
c
after paragraph 9 there shall be inserted the following paragraph —
9A
Details of any proposals for the school to be federated with one or more schools (by virtue of sections 24 and 74(1) of the Education Act 2002).
;
d
paragraph 10 shall be renumbered paragraph 10(1) and after that sub-paragraph as so renumbered there shall be inserted the following sub-paragraph —
2
Where the number of such pupils in any relevant age group is lower than the indicated admission number for that relevant age group a statement to this effect and details of the indicated admission number in question.
e
in paragraph 12 at the beginning there shall be inserted —
Except where the proposed school is to be a maintained nursery school
;
f
paragraph 16 shall be renumbered paragraph 16(1) and after that sub-paragraph as so renumbered there shall be inserted the following sub-paragraph –
2
Where the number of such pupils in any relevant age group is lower than the indicated admission number for that relevant age group a statement to this effect and details of the indicated admission number in question.
.
15
In Schedule 3 —
a
in paragraph 1(1) —
i
in the definition of “ GCE ‘A’ level examinations” and “GCE ‘AS’ examinations” for “supplementary” there shall be substituted “subsidiary”;
ii
after the definition of “ NVQ ” there shall be inserted —
“ VCE ” means Vocational Certificate of Education;
b
in paragraph 4 for “and foundation schools” there shall be substituted “foundation and maintained nursery schools”;
c
for paragraph 5(a) there shall be substituted “the admission number for each relevant age group;”;
d
after paragraph 9 there shall be inserted the following paragraphs —
9A
The following information relating to the proposals —
a
the objectives which the local education authority or promoters intend to set to further the aims of inclusiveness and partnership working;
b
what activities are planned to achieve the objectives specified in sub-paragraph (a); and
c
measures proposed to be taken to ensure that the governing body, teachers, pupils and parents are aware of their role in contributing to inclusiveness and partnership working.
9B
a
Except where the proposed school is to be a maintained nursery school, an indication of the admission arrangements and over-subscription criteria which the local education authority or promoters consider appropriate for the proposed school; and
b
where the proposed school is to be a foundation or voluntary school which it is proposed should have a religious character —
i
an indication of the extent to which the promoters consider it appropriate for priority to be given to children of the school’s faith or denomination, and
ii
an indication of the extent to which the promoters consider it appropriate for any priority to be given for any places to children of other faiths or denominations or to children in specified groups regardless of their faith or denomination.
9C
Where the proposed school is to be established in substitution for an independent school or maintained school of a different religious character details of any existing arrangements to further the aims of inclusiveness and partnership working and details of proposals to develop such arrangements further.
;
e
in paragraph 13 at the beginning there shall be added “Except where the proposed school is to be a maintained nursery school”;
f
in paragraph 18A(b)(i) for “city academies” there shall be substituted “Academies”;
g
after paragraph 18A there shall be inserted the following paragraph –
18B
Where the proposed school will be a maintained nursery school —
a
details of how the education to be provided at the school will be organised, including the number of full-time and part-time pupils and the number of sessions in each week,
b
the extent to which the school will integrate the education provided with child care services or the extent to which the proposals for the establishment of the school are consistent with the integration of nursery education with child care,
c
evidence of demand for additional provision of nursery education including the number of pupils receiving such education at schools maintained by the local education authority within the relevant radius of the proposed school,
d
if any of the schools within the relevant radius of the proposed school has unused capacity to accommodate children under compulsory school age a statement of the reasons why such school cannot make provision for any forecast increase in the number of such children,
e
an estimate of the proportion of children under compulsory school age in the area of the local education authority who are educated at schools maintained by the local education authority,
f
an estimate of the proportion of children referred to in sub-paragraph (e) who are educated at schools not maintained by the local education authority,
g
an estimate of the proportion of children referred to in sub-paragraph (e) who are educated at schools maintained by the local education authority other than in reception classes (within the meaning of section 142(1) of the Act),
h
an estimate of the extent of deprivation in the area served by the school, and
i
whether child care will be provided outside school hours if the proposals are approved.
;
h
in paragraphs 24(e) and 25(g) for “city academy” there shall be substituted “Academy”;
i
in paragraph 25 for sub-paragraph(e)(ii) there shall be substituted —
ii
courses leading to VCE examinations,
; and
j
for paragraph 36(a) there shall be substituted “the admission number for each relevant age group”.
16
In Schedule 4, in the provisions in the right hand column which make modifications to paragraph 2(2)(a) and (3) of Schedule 6 to the School Standards and Framework Act 1998, for “two months” (in each case where those words occur) there shall be substituted “six weeks”.
17
In paragraph 3 of Schedule 5, in the modified paragraph 3(2) of Schedule 6 to the School Standards and Framework Act 1998 –
a
“or” shall be omitted at the end of paragraph (a) and inserted at the end of paragraph (c); and
b
after paragraph (c) there shall be inserted the following paragraph –
d
refer them to the adjudicator if —
i
they have voted on the proposals, but
ii
at least two groups of members (within the meaning of the Education (School Organisation Committees) (England) Regulations 1999) did not vote because members of each group had declared an interest in the proposals
and if they think it appropriate to do so.
.
Transitional Provisions
18
1
The provisions of paragraphs (2) and (3) below shall apply despite regulation 3(b) above.
2
Where a local education authority or governing body have before 1st June 2003 decided to make an enlargement to the premises of a school which —
a
does not fall within paragraph 1(1) of Schedule 1 to the Principal Regulations by reference to the meaning of capacity in regulation 2(2) as originally made, but
b
does fall within paragraph 1(1) of that Schedule by reference to the meaning of capacity in regulation 2(2) of the Principal Regulations as amended by regulation 3(b) above,
the enlargement shall not be treated as falling within paragraph 1(1) of that Schedule.
3
Where a local education authority have before 1st June 2003 published proposals to make an enlargement to the premises of the school —
a
which falls within paragraph 1(1) of Schedule 1 to the Principal Regulations by reference to the meaning of capacity in regulation 2(2) as originally made, but
b
which does not fall within paragraph 1(1) of that Schedule by reference to the meaning of capacity in regulation 2(2) of the Principal Regulations as amended by regulation 3(b) above,
those proposals, if they have not been determined before 1st June 2003 shall be treated as withdrawn.
4
Despite regulation 7 above, regulation 7 of the Principal Regulations (objections to proposals) as originally made shall continue to apply in relation to any proposals published before 1st June 2003.
5
The amendments made by regulation 15(d) above shall not apply where proposals have been published before 1st June 2003.
David Miliband
Minister of State,
Department for Education and Skills
1st May 2003


text:
Citation and commencement
1
These Regulations may be cited as the Land Registration (Acting Chief Land Registrar) Regulations 2003 and shall come into force on 13th October 2003.
Appointment
2
1
The Lord Chancellor may appoint a person to carry out the functions of the registrar during any vacancy in that office.
2
The person appointed under paragraph (1) must, at the time of appointment, be a member of the land registry and also a member of the Senior Civil Service.
3
Subject to paragraph (4), the person appointed shall carry out the functions of the registrar during any vacancy.
4
An appointment under paragraph (1) shall cease if the person appointed —
a
ceases to be a member of the land registry, or
b
resigns his appointment under paragraph (1) by giving notice in writing to the Lord Chancellor, or
c
has his appointment revoked by the Lord Chancellor on the grounds of being unable or unfit to discharge the functions of the registrar.
5
For the purpose of paragraph (2), a person is to be treated as a member of the Senior Civil Service if, at the time of his appointment, he holds a Civil Service grade which is, or is equivalent to, a grade at any time covered by the Senior Civil Service.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
Dated 4th September 2003