text:
Part I —
Introduction
Citation, commencement, duration, application and interpretation
1
1
These Regulations may be cited as the Fines Collection Regulations 2004.
2
This Part of these Regulations shall come into force on 23rd February 2004, Parts II and III of these Regulations shall come into force —
a
on 23rd February 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part I of the Schedule to the Order ;
b
on 29th March 2004 in respect of the petty sessions areas specified in columns 1 and 3 of Part II of the Schedule to the Order; and
c
on 5th April 2004 in respect of all other petty sessions areas in England and Wales,
and Part IV of these Regulations shall come into force on 29th March 2004.
3
These Regulations shall cease to have effect on 31st March 2005.
4
These Regulations apply to petty sessions areas in England and Wales to which the provisions of Schedule 5 have effect in accordance with the Collection of Fines (Pilot Schemes) Order 2004 .
5
In these Regulations —
“ the Act ” means the Courts Act 2003 ;
“approved clamping organisation” means an organisation approved by the Lord Chancellor, the members of which undertake clamping operations;
“charges due” means the charges referred to in regulation 18(2)(b) payable by P at the time in question;
“clamp” means an immobilisation device and related expressions shall be construed accordingly;
“clamping contractor” means a person authorised to undertake the clamping, removal and storage of vehicles by and in accordance with a contract (a “clamping contract”) with the Lord Chancellor or the justices' chief executive for a court, “the contractor” means the clamping contractor and “the contract” means the clamping contract;
“clamping notice” means an immobilisation notice;
“fine” means a sum adjudged to be paid mentioned in paragraph 1(1) of Schedule 5 and includes any increase, compensation and costs;
“the Order” means the Collection of Fines (Pilot Schemes) Order 2004;
“Schedule 5” means Schedule 5 to the Act;
“vehicle” means a motor vehicle; and
“working day” means a day other than a Saturday or Sunday which is not a bank or other public holiday,
and, save where the context requires otherwise, a reference to clamping or storage includes release from clamping or, as the case may be, release from storage.
6
In these Regulations a reference to a numbered regulation is a reference to the regulation so numbered in these Regulations.
Part II —
Application of Enactments with Modifications
Purpose of the application of enactments
2
The application of enactments with modifications in this Part is for the purpose of giving effect to Schedule 5 and section 97 of the Act so far as it relates to that Schedule.
Transitional provision
3
1
In the case of an attachment of earnings order or an application for benefit deductions made in a petty sessions area before the date of coming into force of this Part of these Regulations in respect of that area, the enactments modified by these Regulations shall continue to apply in respect of any such order or application as if this Part of these Regulations had not come into force.
2
In the case of an attachment of earnings order or application for benefit deductions made in a petty sessions area on or after the date of coming into force of this Part of these Regulations in respect of that area and before these Regulations cease to have effect, the enactments modified by these Regulations shall continue to apply in respect of any such order or application as if these Regulations had not ceased to have effect.
Application with modifications of the Attachment of Earnings Act 1971
4
In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the Attachment of Earnings Act 1971 applies to attachment of earnings orders made under Schedule 5 as it applies to such orders made under that Act but with the following modifications —
a
delete section 1(3)(b);
b
in section 1(4) insert at the end “or by a fines officer under Schedule 5 to the Courts Act 2003”;
c
delete section 3(3B);
d
in section 6(1) after the first and second references to “the court” and in sections 7, 9(1) and (4) and 12(2) after the references to “the court” insert “or, as the case may be, the fines officer”;
e
delete section 6(5) and for Part I of Schedule 3 substitute the following Part I —
PART I
TABLES OF PERIODICAL DEDUCTIONS FROM EARNINGS
Table A Deductions from Weekly Earnings
(1) Net earnings (2) Percentage deductions rate
Not exceeding £55 0 Exceeding £55 but not exceeding £100 3 Exceeding £100 but not exceeding £135 5 Exceeding £135 but not exceeding £165 7 Exceeding £165 but not exceeding £260 12 Exceeding £260 but not exceeding £370 17 Exceeding £370 17 in respect of the first £370 and 50 in respect of the remainder
Table B Deductions from Monthly Earnings
(1) Net earnings (2) Percentage deductions rate
Not exceeding £220 0 Exceeding £220 but not exceeding £400 3 Exceeding £400 but not exceeding £540 5 Exceeding £540 but not exceeding £660 7 Exceeding £660 but not exceeding £1,040 12 Exceeding £1,040 but not exceeding £1,480 17 Exceeding £1,480 17 in respect of the first £1,480 and 50 in respect of the remainder
Table C Deductions from Daily Earnings
(1) Net earnings (2) Percentage deductions rate
Not exceeding £8 0 Exceeding £8 but not exceeding £15 3 Exceeding £15 but not exceeding £20 5 Exceeding £20 but not exceeding £24 7 Exceeding £24 but not exceeding £38 12 Exceeding £38 but not exceeding £53 17 Exceeding £53 17 in respect of the first £53 and 50 in respect of the remainder
;
f
in section 6(7)(c) after “in the case of an order made by a magistrates' court,” insert “a fines officer of that court or”;
g
in section 8(5) for “section 1(3)(b) and (c) of this Act” substitute “paragraph 1 of Schedule 5 to the Courts Act 2003 or section 1(3)(c) of this Act”;
h
rules of court under section 9(3)(b) shall not apply to attachment of earnings orders under Schedule 5 to the Courts Act 2003;
i
in section 14 —
i
after any reference to “a court” insert “or, as the case may be, a fines officer” and after any reference to “the court” insert “or, as the case may be, the fines officer”;
ii
in subsections (1) for “it” substitute “the court or, as the case may be, the fines officer” and in subsection (2)(b) after “it” insert “or, as the case may be, him”; and
iii
delete subsection (3);
j
rules of court having effect under the words from “and of any other prescribed matters” to the end of section 14(4) shall not apply;
k
in section 15, in paragraph (a) after the reference to “the court” insert “or, as the case may be, the fines officer” and in paragraph (c) after the reference to “what court” insert “or, as the case may be, which fines officer” and after the reference to “that court” insert “or, as the case may be, that fines officer”;
l
in section 17(1) after “under those sections” insert “or under Schedule 5 of the Courts Act 2003” and at the end insert “or in paragraph 1 of that Schedule”; and
m
in section 25 after subsection (1) insert the following subsection —
1A
In this Act “fines officer” has the meaning given —
a
in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004, by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and
b
in respect of cases subject to a local pilot scheme under article 3 of that Order, by paragraph 13(2) of that Schedule.
.
Application with modifications of the Fines (Deductions from Income Support) Regulations 1992
5
In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the Fines (Deductions from Income Support) Regulations 1992 apply to applications for benefit deductions made under Schedule 5 as they apply to such applications made under those Regulations but with the following modifications —
a
in regulation 1 after paragraph (2) insert the following paragraph —
2A
In these Regulations “fines officer” has the meaning given —
a
in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004, by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and
b
in respect of cases subject to a local pilot scheme under article 3 of that Order, by paragraph 13(2) of that Schedule.
;
b
delete regulation 2;
c
in regulation 3, for paragraph (1)(g) substitute —
1)(g
that, in the case of an application by the court, the offender is an existing defaulter and his existing default (or defaults) cannot be disregarded, that the offender has consented to the making of the application or that, in the case of an application by a fines officer, the offender is in default on a collection order or any other order of the court allowing time for payment.
;
d
delete regulation 7(2)(c); and
e
in regulations 3(2) and (3), 4, 7(4)(c), (6) and (7) and 8 after any reference to “a court” insert “or, as the case may be, a fines officer” and after any reference to “the court” insert “or, as the case may be, the fines officer”.
Application with modifications of the Magistrates' Courts Act 1980
6
In the case of a person aged 18 or over liable to pay a sum to which Schedule 5 applies, the provisions of the Magistrates' Courts Act 1980 specified below apply with the following modifications —
a
section 89 (transfer of fine order) —
i
with the substitution for subsection (2) of the following subsection —
2
As from the date on which a transfer of fine order is made with respect to any sum —
a
where the transfer is from a court in a non local pilot petty sessions area to a non local pilot petty sessions area or from a court in a local pilot petty sessions area to a local pilot petty sessions area, all functions under this Part of this Act or, as the case may be, Schedule 5 to the Courts Act 2003 relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order or the justices' chief executive for, or, as the case may be, a fines officer of, that court, shall be exercisable by a court acting for the petty sessions area to which the fine is transferred or the justices' chief executive for, or, as the case may be, a fines officer of, that court, and not otherwise;
b
where the transfer is from a court in a local pilot petty sessions area to a non local pilot petty sessions area and the person liable to pay the fine is not subject to a collection order, all functions under this Part of this Act relating to that sum which, if no transfer of fine order had been made, would have been exercisable by the court which made the transfer of fine order, or the justices' chief executive for that court, shall be exercisable by a court acting for the petty sessions area to which the fine is transferred, or the justices' chief executive for that court, and not otherwise, and where the person liable to pay the fine is subject to a collection order, subject to the exercise of those functions —
i
the payment terms or reserve terms under the collection order, but not the collection order, shall, continue to have effect;
ii
any attachment of earnings order or application for benefit deductions made shall continue to have effect; and
iii
any increase imposed on the fine shall continue to have effect as if it were part of the fine; and
c
where the transfer is from a court in a non local pilot petty sessions area to a local pilot petty sessions area all functions under this Part of this Act relating to that sum which, if no such order had been made, would have been exercisable by the court which made the order, or the justices' chief executive for that court, shall be exercisable by a court acting for the petty sessions area to which the fine is transferred, or the justices' chief executive for that court, and not otherwise, but subject to the modifications made by the Fines Collection Regulations 2004, and the court may, if the case comes before it, make a collection order under paragraph 12 of Schedule 5 to the Courts Act 2003 relating to the payment of the sum due, and that Schedule (as modified by the Collection of Fines (Pilot Schemes) Order 2004) and those Regulations shall have effect in relation to the sum due.
; and
ii
with the insertion of the following subsection at the end —
5
In subsection (2) above —
“local pilot petty sessions area” means a petty sessions area specified in column 1 of Parts I and II of the Schedule to the Collection of Fines (Pilot Schemes) Order 2004 and “non local pilot petty sessions area” means a petty sessions area in England and Wales other than one so specified.
;
b
section 90 (transfer of fines to Scotland or Northern Ireland) —
i
with the substitution for subsection (3) of the following subsection —
3
Where an order is made under this section with respect to any sum, any functions —
a
under this Part of this Act or under this Part of this Act as modified by the Fines Collection Regulations 2004, or
b
under Schedule 5 to the Courts Act 2003, as modified by the Collection of Fines (Pilot Schemes) Order 2004,
relating to that sum, which, if no such order had been made, would have been exercisable by the court which made the order, by the justices' chief executive for that court or, as the case may be, a fines officer of that court, shall cease to be so exercisable.
; and
ii
with the insertion in subsection (3A) after “court” of “or the fines officer” and after “court's” of “or the fines officer's”;
c
section 91 (transfer of fines from Scotland or Northern Ireland) —
i
with the insertion in subsection (1) after “and the justices' chief executive for that court” of “or, as the case may be, a fines officer of that court” and after “under this Part of this Act” of “or under this Part of this Act as modified by the Fines Collection Regulations 2004, and under Schedule 5 to the Courts Act 2003 as modified by the Collection of Fines (Pilot Schemes) Order 2004”; and
ii
with the insertion in subsection (3) after “under this Part of this Act” of “or under this Part of this Act as modified by the Fines Collection Regulations 2004 and under Schedule 5 to the Courts Act 2003 as modified by the Collection of Fines (Pilot Schemes) Order 2004”; and
d
section 150 (interpretation of other terms) with the insertion in subsection (1), after the definition of “fine” of the following definition —
“fines officer” in sections 89, 90 and 91 has the meaning given —
in respect of cases subject to the national pilot scheme under article 2 of the Collection of Fines (Pilot Schemes) Order 2004, by paragraph 26(4) of Schedule 5 to the Courts Act 2003 as modified by that Order, and
in respect of cases subject to a local pilot scheme under article 3 of that order, by paragraph 13(2) of that Schedule.
and the addition at the end of —
“and in sections 89, 90 and 91 expressions used which are also used in Schedule 5 to the Courts Act 2003 have the same meaning as in that Schedule”.
Part III —
Implementing Provisions
Increase in fine
7
The increase in the fine under paragraph 27 (increase in fine) or 33 (increase in fine on first default) of Schedule 5 shall —
a
in the case of the petty sessions areas specified in column 1 of paragraph 4 in Part II of the Schedule to the Order, be 50% of the fine; and
b
in the case of the petty sessions areas specified in column 1 of paragraph 1 in Part I and in column 1 of paragraphs 3 and 6 in Part II of that Schedule, be 25% of the fine.
Delivery of increase notice or further steps notice
8
An increase notice under paragraph 28 or a further steps notice under paragraph 37 of Schedule 5 may be delivered by hand or by being sent by post to P’s last known address.
Another step available against defaulters
9
1
For the purposes of paragraph 38(1)(e) of Schedule 5, another step which may be taken under that Schedule is the exercise of the enforcement powers of section 87 (enforcement of payment of fines by High Court or county court) of the Magistrates' Courts Act 1980 as modified for those purposes by paragraph (2) below.
2
The modifications of section 87 of the 1980 Act referred to in paragraph (1) above are —
a
in paragraph (1) after “the justices' chief executive for the magistrates' court” insert “or the fines officer of that court”;
b
in paragraph (3) after “the justices' chief executive” insert “or, as the case may be, the fines officer” and delete “under section 82 above”; and
c
in paragraph (4) after “a justices' chief executive” insert “or, as the case may be, a fines officer”.
Execution of warrant of distress
10
A warrant of distress issued by the court or by a fines officer under Schedule 5 shall be executed as if it were a warrant of distress issued by a justice of the peace and sections 78 and 125 to 126 of the Magistrates' Courts Act 1980 shall apply accordingly.
Summons for ensuring attendance of P before the court
11
A fines officer may for the purpose of ensuring that P attends a magistrates' court to which he has referred P’s case under paragraph 35, 37 or 42 of Schedule 5, issue a summons requiring P to appear before the court at the time and place appointed in the summons.
Standard powers of the court
12
Any power that a magistrates' court would have had if P had not been subject to a collection order but had been liable to pay the sum due applies for the purposes of Schedule 5, that is where a case is referred to the court by the fines officer, or on an appeal to the court, under that Schedule, subject —
a
in the case of the Attachment of Earnings Act 1971, to the modifications in regulation 4(e); and
b
in the case of the Magistrates' Courts Act 1980, to the modifications in regulation 6 and to the following modifications —
i
in section 83 (process for securing attendance of offender for the purposes of section 82), in subsection (2), after “a summons under this section” insert “or under regulation 11 of the Fines Collection Regulations 2004”;
ii
in section 87A (fines imposed on companies), in subsection (1)(b), after “under section 76(1) above” insert “or the court or a fines officer has issued a warrant of distress under Schedule 5 to the Courts Act 2003”.
Part IV —
Clamping of Motor Vehicles
Requirements with respect to the making of a clamping order
13
Before a clamping order is made by the court under paragraph 39(3)(b), or by the fines officer under paragraph 40, of Schedule 5 the court or, as the case may be, the fines officer must be satisfied —
a
that P has the means to pay the fine; and
b
that the value of the vehicle or vehicles to be clamped, if sold, would be likely to exceed the amount of the fine, the amount of the likely charges due and the likely costs of sale.
Matters to be included in a clamping order
14
A clamping order must specify —
a
P’s full name, address and date of birth,
b
details —
i
of P’s conviction (including date and nature) for which the fine was imposed,
ii
of the fine imposed and
iii
of the collection order,
c
details (including date) of the increase notice,
d
details (including date) of the further steps notice, if any,
e
details of the vehicle or vehicles to be clamped,
f
the date on or after which the order must be executed if the fine is not paid,
g
the name, official address and telephone number of the fines officer and the court, and
h
how the fine may be paid.
Procedure on making a clamping order
15
1
On the making of a clamping order by the court or the fines officer, the fines officer must send a copy of the order to a clamping contractor who, if the fine is not paid, must execute the order in accordance with these Regulations on or after the date specified in the order.
2
The copy of the clamping order sent to the clamping contractor must be accompanied by details of P’s last known address, the vehicle or vehicles to be clamped and, if known, the likely whereabouts of the vehicle or vehicles to be clamped.
Places where vehicles may be clamped
16
Vehicles may be clamped at any place (including on any highway or road) to which the public has access or on any private land to which access may be had at the time of clamping without opening or removing any door, gate or other barrier, and authorised persons and other employees of the contractor may enter such private land with their equipment and with or without a vehicle or vehicles for the purpose of clamping a vehicle on the land, releasing it from clamping or removing it to secure storage.
Defect in clamping order or irregularity in its execution
17
1
A clamping order made for the purpose of enforcing payment of a fine shall not be held void by reason of any defect in the order.
2
A person acting in the execution of a clamping order shall not be deemed to be a trespasser from the beginning by reason only of any irregularity in the execution of the order.
3
Nothing in this regulation shall prejudice the claim of any person for special damages in respect of any loss caused by a defect in the order or irregularity in its execution.
Matters to be included in a clamping contract
18
1
A clamping contract must authorise the contractor to undertake —
a
the clamping of vehicles in accordance with clamping orders and the fitting of clamping notices on vehicles which have been clamped;
b
the removal of such vehicles to secure storage after the period specified in regulation 22(1) has expired;
c
subject to the conditions specified in regulation 21, the release of such vehicles from clamping or storage; and
d
the sale or other disposal of vehicles which have not been released from clamping or storage pursuant to an order of the court under paragraph 41 of Schedule 5, made after the expiry of the period of three months from the date of clamping.
2
A clamping contract must specify —
a
any contractual charges payable to the contractor;
b
the charges to be retained by the contractor payable by P in addition to the fine —
i
when payment is made to an authorised person so that the vehicle is not clamped;
ii
as a condition of the release of the vehicle from clamping; and
iii
as a condition of the release of the vehicle from storage,
within the range approved by the Lord Chancellor for such charges.
3
The charges mentioned in paragraph (2)(b) above must be inclusive of value added tax and together with the fine represent the total amount that P may be required to pay. There must be no surcharge for payment by debit or credit card.
4
In the case of the charge mentioned in paragraph (2)(b)(iii) above the contract must specify the daily or weekly rate of charge.
5
A clamping contract must specify the descriptions of vehicles which may not be clamped in accordance with regulation 19(1).
6
A clamping contract must require the contractor to authorise persons in his employment (the “authorised persons”) to carry out, or direct and supervise, the clamping, release from clamping, removal and release from storage, of vehicles on behalf of the contractor.
7
A clamping contract must specify the functions of the clamping contractor and of the authorised persons and other members of the contractor’s staff under these Regulations.
8
A clamping contract must specify the grounds for termination of the contract including the contractor ceasing to be a member of an approved clamping organisation.
Duties of an authorised person and other members of the contractor’s staff
19
1
An authorised person must not carry out, or direct and supervise, the clamping of —
a
a vehicle not registered in P’s name under the Vehicle Excise and Registration Act 1994 ;
b
a vehicle on which a current disabled person’s badge is displayed or in relation to which there are reasonable grounds for believing that it is used for the carriage of a disabled person;
c
a vehicle used for police, fire or ambulance purposes;
d
a vehicle being used by a doctor on call away from his usual place of work on which is displayed a British Medical Association badge or other health emergency badge showing the doctor’s address.
2
If a vehicle to be clamped is so positioned that, while the vehicle is clamped in that position, there would be at any time a contravention of any prohibition or restriction imposed by or under any enactment, the authorised person must, before the vehicle is clamped, have it repositioned to the nearest place where there would be no such contravention while it is clamped there.
3
If a repositioned vehicle is not visible from the place in which it was originally positioned, the authorised person must ensure that a notice is placed at or near the original position of the vehicle indicating that the vehicle has been clamped as required by the clamping order, where the vehicle may be found and giving a telephone number available during all reasonable hours for enquiries by P or a person acting on his behalf.
4
No extra charge may be required in respect of the repositioning of the vehicle.
5
On clamping a vehicle the authorised person must affix in a prominent position on the vehicle, and where access to the site where the vehicle is clamped is not possible during certain hours, at the entrance to the site, a clamping notice specifying —
a
that the vehicle has been clamped and that it is an offence under paragraph 49 of Schedule 5 to remove or attempt to remove the clamp or the notice;
b
details of the clamping order;
c
how to secure the release of the vehicle;
d
the fine and charges payable for the release of the vehicle;
e
a telephone number and address for enquiries;
f
the name and address of the clamping contractor;
g
the name, official address and telephone number of the fines officer and the court;
h
the opening hours of the contractor and the court;
i
how to complain under regulation 25; and
j
the clamping sign of the approved clamping organisation of which the contractor is a member.
6
The authorised person carrying out, or directing and supervising the carrying out, of the clamping of a vehicle must take or cause to be taken a photograph of it, in the case of a repositioned vehicle, in the original position as well as the position in which it is clamped.
7
The authorised person and any other member of the contractor’s staff engaged on the clamping, release from clamping, removal, storage or release from storage, of a vehicle must, on demand by P or a person acting on his behalf, permit him to inspect the identification card required by regulation 20(9).
8
In the event of a complaint by P or a person acting on his behalf in connection with the clamping, removal or storage of a vehicle the authorised person must give him a leaflet about the complaints procedure under regulation 25.
Duties of the clamping contractor
20
1
The contractor must conduct clamping, removal and storage operations, and must ensure that authorised persons and other persons in his employment carry out such operations, under the contract in accordance with Schedule 5, these Regulations, guidance issued by the Lord Chancellor and the code of clamping practice of the approved clamping organisation of which he is a member.
2
The contractor must transmit the amount of any fine, collected directly or by an authorised person, to the court which made the collection order in respect of the fine.
3
The contractor must use only clamps of a type approved by the Secretary of State.
4
The contractor must display the clamping sign of the approved clamping organisation of which he is a member on all his signs, stationary and literature.
5
The contractor must ensure that vehicles used for clamping, removal or storage operations are —
a
designed and maintained so as to be suitable for the operation for which they are used and so as not to cause damage to the vehicles the subject of the operations;
b
clearly marked as such and show in a prominent position on the vehicle the name, address and telephone number of the contractor and the clamping sign of the approved clamping organisation of which he is a member; and
c
used and kept in accordance with the law.
6
The contractor must ensure that authorised persons and other members of his staff engaged on clamping, removal and storage operations have gained the award of the Parking Control National Vocational Qualification or are undergoing training which is expected to lead to this award within 6 months of the commencement of their employment with the contractor.
7
The contractor must use equipment for the clamping, removal or storage of vehicles which is so designed and maintained as not to cause damage to the vehicles.
8
The contractor must when undertaking clamping, removal or storage operations be covered, and must ensure that their authorised persons and other employees are covered, by public liability insurance for not less than £5 million and employer’s liability insurance for not less than £10 million.
9
The contractor must ensure that any authorised person and other member of his staff engaged on such operations receives appropriate training and is dressed in an identifiable uniform with attached to the uniform in a prominent position an identification card which has a photograph of the member of staff, his name or identification number or both and the name, address and telephone number of the contractor.
10
The contractor must be and remain a member of an approved clamping organisation.
Payment of the fine and any charge or charges and release of the vehicle
21
1
The office of the contractor where payment of the fine and charge or charges due may be made must be readily accessible from the place where the vehicle is clamped during all hours when the contractor undertakes clamping and for at least 2 hours thereafter.
2
A vehicle in respect of which the fine and charge or charges due have been paid in full must be released from clamping or, as the case may be, storage within —
a
4 hours of the time of payment if payment is made at or to the contractor’s office or the court; or
b
2 hours of the time of payment if payment is made to an authorised person.
3
Payment of, or towards the payment of, the fine and charge or charges due —
a
if made at or to the office of the contractor must be accepted by cash, cheque (up to the amount specified on the payer’s debit card or cheque guarantee card) or credit card (up to the credit limit for which the card is valid); or
b
if made to the authorised person, must be accepted by cash or cheque (up to the amount specified in the payer’s debit card or cheque guarantee card).
4
If a payment made by P or a person acting on his behalf at any stage is less than the amount of the fine and charge or charges due, it must first be applied to meet the charge or charges and any balance remaining must then be applied towards payment of the fine.
5
On payment by P or a person acting on his behalf of, or towards the payment of, the fine and charge or charges due, the contractor or the authorised person must issue a receipt which includes the following information —
a
the contractor’s name, address and telephone number;
b
the contractor’s value added tax registered number;
c
the registration mark of the vehicle;
d
the date of the clamping order requiring the vehicle to be clamped;
e
the name, official address and telephone number of the fines officer and the court;
f
if applicable, the date and time of clamping;
g
the name of P and, if payment is made by a person acting on his behalf, of that person;
h
the name or identification number or both of the member of the contractor’s staff issuing the receipt;
i
the amount of the payment;
j
the date and time of payment;
k
how to complain under regulation 25;
l
if applicable, the place where the vehicle is clamped; and
m
the serial number of the receipt.
Removal for storage
22
1
A vehicle clamped under a clamping order must, unless released from clamping under regulation 21, 25 or 26, remain clamped where it is positioned or repositioned for the period of not less than 7 clear days from the date of clamping.
2
When the period referred to in paragraph (1) above has expired, if —
a
the fine and charge or charges due have not been paid in full;
b
there is no complaint under regulation 25 or 26 outstanding; and
c
the case has not been referred to the court under paragraph 42(1) of Schedule 5,
the contractor must have the vehicle removed by, or under the direction and supervision of, an authorised person to secure premises for storage.
3
When a vehicle is removed to storage the contractor must send by post to P at his last known address or have delivered to him by hand, with a copy to the fines officer, a written notice specifying —
a
the contractor’s name, address and telephone number;
b
his value added tax registered number;
c
the registration mark of the clamped vehicle;
d
the date, time and place of clamping;
e
that the vehicle was clamped under the clamping order;
f
the date of the clamping order and the name, official address and telephone number of the fines officer and the court;
g
that since the fine and charges due have not been paid in full the vehicle has been removed for storage;
h
the date of removal of the vehicle and the address, telephone number for, and hours of opening of, the storage premises;
i
the daily or weekly storage charge payable;
j
that the vehicle will be released on payment of the amount of the fine and charges due in full with a statement of how the amount is made up;
k
how to pay the fine and charges due;
l
how to complain under regulation 25; and
m
a serial number.
Storage
23
1
A vehicle removed to storage must remain in storage, unless released on payment of the fine and charges due in full or pursuant to a decision under regulation 25 or 26, or sold or otherwise disposed of by order of the court under paragraph 41(2) of Schedule 5.
2
The clamping contractor may subcontract the storage of vehicles to another person or storage may be undertaken by another person under a contract with the Lord Chancellor and, in any such case, references in these Regulations to the “clamping contractor”, except in this paragraph, and “the contractor”, so far as applicable to the storage of vehicles under these Regulations, shall be construed as references to that other person.
3
Premises used for the storage of vehicles must be secure and such as to protect the vehicles from damage or deterioration.
Sale of clamped vehicles
24
1
The period referred to in subparagraph (1)(b) of paragraph 41 (power to order sale of clamped vehicle) of Schedule 5 at the end of which that paragraph applies in respect of a vehicle clamped under a clamping order if at the end of that period the fine or any part of it remains unpaid, shall be the period of 3 months from the date the vehicle was clamped.
2
If the fine has not been paid in full before the expiry of the period of 10 clear working days from the date the vehicle was clamped the fines officer must apply in writing to the court, sending a copy of the application to P by post at his last known address, for an order for sale of the vehicle under paragraph 41(2) of Schedule 5 but the application must not be listed for hearing before the expiry of the period of 21 days from that date.
3
When the application under paragraph (2) above is listed for hearing the court must notify P in writing —
a
of the date, time and place of the hearing;
b
that he may attend, and be represented at, the hearing and may submit written representations;
c
that the court has power to order the sale of the vehicle if the fine has not been paid in full before the expiry of the period of 3 months from the date the vehicle was clamped; and
d
of the amount of the fine and charges payable to secure the release of the vehicle,
and must notify the fines officer of the date and time of the hearing.
4
The fines officer must ensure that the file concerning P’s case, information available about P’s means, his conviction and the fine imposed, the terms of the collection order made, the dates and amounts of any payments received, the likely value of the vehicle and copies of the increase notice, any further steps notice and the clamping order, are provided to the court via the listing officer in readiness for the hearing of the application.
5
The fines officer must make himself available for the hearing but only for the purpose of answering the court’s questions or providing information.
6
If at the hearing the court decides that it will order the vehicle to be sold on the expiry of the period of 3 months from the date the vehicle was clamped if the fine is not paid in full before the expiry of that period, the fines officer must so notify P in writing.
7
If at the hearing the court decides that the vehicle should not be sold it may direct that the vehicle be released to P with or without payment of the charges due.
8
In considering whether or not to order the sale of the vehicle the court must consider the history of P’s case, in particular whether the clamping order was justified, reasonable and proportionate.
9
After the court’s decision on the application the case remains with the fines officer under the collection order, and if the court makes an order for sale he must send a copy of the order for sale to the contractor who must thereupon arrange for the vehicle or vehicles to be sold by an agent for sale or by auction.
10
On the sale of a vehicle pursuant to an order under paragraph 41(2) of Schedule 5 the ownership of the vehicle shall vest in the purchaser and the contractor must secure the registration of the vehicle in the name of the purchaser under the Vehicle Excise and Registration Act 1994.
11
When the vehicle has been sold the contractor must first deduct from the net proceeds of sale an amount equal to the charges due in respect of clamping, removal and storage and must then transmit the remaining balance to the fines officer who, after deducting an amount sufficient to discharge P’s liability in respect of the fine, must send P a cheque for any balance remaining within 10 working days of the date of sale of the vehicle, accompanied by a written statement of account.
12
If when a vehicle is sold the net proceeds of sale are not sufficient to meet the amount of the fine and charges due the net proceeds of sale must first be applied towards meeting the charges due and then if a balance remains towards discharging P’s liability in respect of the fine and the fines officer must then seek to recover the outstanding amount of the fine under the collection order and the powers conferred by Schedule 5 including his power to refer the case to the court under paragraph 42 of that schedule.
Complaints procedure
25
1
A senior manager of the contractor and the fines officer must be available during the hours that a vehicle may be released from clamping or storage to consider any complaint about clamping, removal or storage and, if justified, to order the release of the vehicle.
2
If a complaint to the senior manager concerns the content or making of the clamping order he must refer the complaint to the fines officer and if a complaint to the fines officer concerns the execution of the clamping order, removal or storage the fines officer must refer the complaint to the senior manager.
3
On receipt of a complaint concerning the execution of the clamping order, removal or storage the senior manager of the contractor must —
a
record the date the complaint was received and allocate a serial number to it;
b
send the complainant an interim reply in writing —
i
acknowledging receipt of the complaint and the date of its receipt;
ii
informing the complainant that the complaint is being investigated;
iii
specifying the location of the vehicle;
iv
giving the name, official address and telephone number of the fines officer;
v
advising the complainant to obtain and retain receipts for expenses and evidence of loss or inconvenience incurred as a consequence of the clamping, removal or storage of the vehicle; and
vi
informing the complainant that a decision on the complaint will be taken within 7 working days of the date of receipt of the complaint;
c
within that period investigate and consider the complaint and send a letter to the complainant recording his decision on the complaint and his reasons for it;
d
notify the complainant in that letter that if he is not satisfied with the decision he may under regulation 26, within 10 working days of the date of the letter or such further time as the court may allow, refer the complaint to the court for decision and enclose a leaflet explaining the procedure for such a reference; and
e
if his decision accepts the complaint in whole or in part, send the complainant with that letter a form on which he can claim reimbursement of expenses and compensation for loss and inconvenience together with the necessary proof.
4
If the senior manager’s decision is to the effect that the vehicle should not have been clamped he must arrange for the immediate release of the vehicle without charge.
5
On receipt of the completed claim form from the complainant the senior manager must send him a letter recording his decision on the claim and his reasons for it and, if the claim is accepted in whole or in part, together with a cheque for the reimbursement of the expenses and compensation for the loss and inconvenience accepted.
6
If the claim is not accepted in whole or in part the letter to the complainant must notify him that he may under regulation 26, within 10 working days of the date of the letter or such further time as the court may allow, refer the claim or part of it to the court for decision and enclose a leaflet explaining the procedure for such a reference.
7
On receipt of a complaint concerning the making of the clamping order the fines officer must —
a
record the date the complaint was received and allocate a serial number to it;
b
send the complainant an interim reply in writing —
i
acknowledging receipt of the complaint and the date of its receipt;
ii
informing the complainant that the claim is being investigated;
iii
specifying the location of the vehicle;
iv
giving the name, official address and telephone number of the senior manager of the contractor;
v
advising the complainant to obtain and retain receipts for expenses and evidence of loss or inconvenience incurred as a consequence of the clamping, removal or storage of the vehicle; and
vi
informing the complainant that a decision on the complaint will be taken within 7 working days of the date of receipt of the complaint;
c
within that period investigate and consider the complaint and send a letter to the complainant recording his decision on the complaint and his reasons for it;
d
notify the complainant in that letter that if he is not satisfied with the decision he may under regulation 26, within 10 working days of the date of the letter or such further time as the court may allow, refer the complaint to the court for decision and enclose with the letter a leaflet explaining the procedure for such a reference; and
e
if his decision accepts the complaint in whole or in part, send the complainant with that letter a form on which he can claim reimbursement of expenses and compensation for loss and inconvenience together with the necessary proof.
8
If the fines officer’s decision is to the effect that the clamping order should not have been made in respect of the vehicle he must arrange with the contractor for the immediate release of the vehicle without charge.
9
On receipt of the completed claim form from the complainant the fines officer must send him a letter recording his decision on the claim and his reasons for it and, if the claim is accepted in whole or in part, together with a cheque for the reimbursement of the expenses and compensation for loss and inconvenience accepted.
10
If the claim is not accepted in whole or in part the letter to the complainant must notify him that he may under regulation 26, within ten working days of the date of the letter or such further time as the court may allow, refer the claim or part of it to the court for decision and enclose a leaflet explaining the procedure for such a reference.
Reference of a complaint or claim to the magistrates' court for decision
26
1
A complainant who is dissatisfied with the senior manager’s or fines officer’s decision on his complaint or claim may, within 10 working days of the date of the decision letter or such further time as the court may allow, refer the complaint or claim to the court for decision.
2
A reference to the court under paragraph (1) above must be made in writing on the form provided by the senior manager or the fines officer with his decision letter.
3
On receipt of a reference the listing officer must list it for expedited hearing.
4
When the reference is listed for hearing the court must send written notice to the complainant —
a
of the date, time and place of the hearing,
b
the subject matter of the reference, and
c
that he may attend, and be represented at, the hearing and submit written representations but that if he does none of these things his complaint is more likely to be rejected,
and must notify the fines officer and, as the case may be, the senior manager of the date, time and place of the hearing.
5
When a complaint or claim is referred to the court against a decision of the senior manager of the contractor, he must ensure that a copy of his decision letter and such further information about the complaint or claim as the court may require is provided to the court via the listing officer in readiness for the hearing of the reference.
6
When the complaint is referred to the court against a decision of the fines officer, he must ensure that his decision letter, the file concerning P’s case, information available about P’s means, his conviction and the fine imposed, the terms of the collection order, the dates and amounts of any payments received and copies of the increase notice, any further steps notice and the clamping order, are provided to the court via the listing officer in readiness for the hearing of the reference.
7
The senior manager or, as the case may be, the fines officer must make himself available for the hearing but only for the purpose of answering the court’s questions or providing information.
8
On the hearing of the reference the court must make such a decision and give such directions to the senior manager or, as the case may be, the fines officer to implement the decision as the court thinks fit and the senior manager or, as the case may be, the fines officer must comply with the courts decision and directions.
On the authority of the Lord Chancellor
Christopher Leslie
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
27th January 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Sexual Offences Act 2003 (Prescribed Police Stations) Regulations 2004 and shall come into force on 1st May 2004.
2
These Regulations do not extend to Scotland.
Prescribed police stations
2
The police stations listed in the Schedule to these Regulations are prescribed for the purposes of section 87(1)(a) of the Sexual Offences Act 2003.
Revocation
3
The Sex Offender (Notification Requirements) (Prescribed Police Stations) Regulations 2001 are hereby revoked.
Paul Goggins
Parliamentary Under-Secretary of State
Home Office
23rd March 2004


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


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) (Amendment) Regulations 2004 and shall come into force on 20th April 2004.
2
In these Regulations “the principal Regulations ” means the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996 .
Amendment of principal Regulations: Interpretation
2
1
In regulation 2(1) of the principal Regulations:
a
after the definition of “Annex II ” there shall be inserted the following:
“anniversary date” means the day and month of each year which will correspond to the date of expiry of the appropriate Certificate;
“appropriate Certifying Authority” means the Secretary of State or any person authorised by the Secretary of State and includes in particular (if so authorised) Lloyd’s Register of Shipping, the British Committee of Bureau Veritas, the British Committee of Det Norske Veritas, the British Committee of Germanischer Lloyd, the British Technical Committee of the American Bureau of Shipping and the British Committee of Registro Italiano Navale;
,
b
the definitions of “appropriate Certificate” and “appropriate Regulation” shall be deleted;
c
at the end of the definition of “ BCH Code ” there shall be inserted the words “as amended by Resolution MEPC.41(29) and Resolution MSC.18(58), Resolution MEPC.80(43) and Resolution MEPC.91(45)”,
d
for the definition of “BCH Code Certificate” there shall be substituted the following:
“BCH Code Certificate” means a Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk which certifies compliance with the requirements of the BCH Code;
,
e
the definition of “Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk” shall be deleted;
f
after the definition of “dangerous substance” there shall be inserted the following definition:
“ GT ” means gross registered tonnage, and the gross registered tonnage of a ship having alternative gross registered tonnages shall be taken to be the larger of those tonnages;
.
g
in the definition of “ IBC Code ”:
i
for “1994” there shall be substituted “1998”, and
ii
at the end of the definition there shall be inserted the words “as amended by Resolution MEPC.40(29), Resolution MSC.16(58,), Resolution MEPC.79(43) and Resolution MEPC.90(45),”,
h
for the definition of “IBC Code Certificate” there shall be substituted the following:
“IBC Code Certificate” means an International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk, which certifies compliance with the requirements of the IBC Code;
,
i
the definition of “INLS Certificate” shall be deleted;
j
after the definition of “IOPP Certificate” there shall be inserted the following definition:
“Maritime and Coastguard Agency” means the Maritime and Coastguard Agency, an executive agency of the Department for Transport;
,
k
for the definition of “the MARPOL Convention” there shall be substituted the following:
“the MARPOL Convention” means the International Convention for the Prevention of Pollution from Ships, 1973, including its Protocols, Annex II (but no other Annex) and appendices thereto , as amended by the Protocol of 1978 to that Convention and includes all the amendments adopted by the IMO up to 11th October 2002:
,
1
after the definition of “the MARPOL Convention” there shall be inserted the following:
“Merchant Shipping Notice” means a Notice described as such and issued by the Maritime and Coastguard Agency, and any reference to a particular Merchant Shipping Notice includes a reference to any document amending or replacing that Notice which is considered by the Secretary of State to be relevant from time to time and is specified in a Merchant Shipping Notice;
“NLS Certificate” means an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk which certifies compliance with Annex II;
“short international voyage” means a voyage from a port in one country to which the Convention applies to a port in another country, or conversely —
in the course of which a ship is not more than two hundred nautical miles from a port or place in which the passengers and crew could be placed in safety, and
which does not exceed 600 nautical miles in distance between the last port of call in the country in which the voyage begins and the last port of call in the scheduled voyage before beginning a return voyage, and which on the return voyage does not exceed 600 nautical miles in distance between the port of call in which the ship commences its return voyage and the first port of call in the country in which the voyage began,
and for the purposes of this definition no account shall be taken of any deviation by a ship from her intended voyage due solely to stress of weather or any other circumstances that neither the master nor the owner nor the charterer (if any) of the ship could have prevented or forestalled;
,
2
In regulation 2(2) of the principal Regulations, for the words in sub-paragraph (g) onwards there shall be substituted the following:
IMO Guidelines;
shall include any amendments to those documents adopted by the IMO which are considered by the Secretary of State to be relevant from time to time and are specified in a Merchant Shipping Notice.
.
Amendment of principal Regulations: Transitional provisions
3
After regulation 3 of the principal Regulations, there shall be inserted the following regulation:
Transitional provision
3A
Except in special circumstances as determined by the Maritime and Coastguard Agency, an appropriate Certificate issued or endorsed before 20th April 2004 by:
a
an appropriate Certifying Authority, or
b
the Administration of a State which is a Party to the MARPOL Convention or the Administration of a Contracting Government to the SOLAS Convention in accordance with regulation 11 (4),
shall remain valid until it expires under the terms of these Regulations as in force before that date, and shall for any other purpose of these Regulations be treated as though it had been issued under these Regulations as amended.
.
Amendment of principal Regulations: Loading and carriage in bulk of dangerous or noxious liquid substances
4
In regulation 6(a)(i) of the principal Regulations, for the words after “that ship” there shall be substituted the words “ and that substance a valid NLS Certificate, BCH Code Certificate or IBC Code Certificate (as applicable) issued and endorsed in accordance with these Regulations;”,
Amendment of principal Regulations: Marine pollution emergency plan for noxious liquid substances
5
After regulation 8 of the principal Regulations there shall be inserted the following:
Marine pollution emergency plan for noxious liquid substances
8A
1
On and after 20th April 2004 every ship of 150 GT and above certified to carry noxious liquid substances in bulk shall carry on board a shipboard marine pollution emergency plan for noxious liquid substances.
2
The plan required by paragraph (1) above shall:
a
be approved in the case of a United Kingdom ship by the appropriate Certifying Authority for that ship, and in the case of any other ship be approved by or on behalf of the Administration of the country in which the ship is registered,
b
be in accordance with IMO Guidelines for the Development of Shipboard Marine Pollution Emergency Plans, IMO Publication IMO-586-E 2001 Edition,
c
be written in a language or languages understood by the master and officers of the ship,
d
consist at least of:
i
the procedure to be followed by the master or other persons having charge of the ship to report a noxious liquid substance pollution incident, as required in article 8 and Protocol I of the MARPOL Convention, based on the guidelines developed by the IMO,
ii
the list of authorities or persons to be contacted in the event of a noxious liquid substance pollution incident,
iii
a detailed description of the action to be taken immediately by persons on board to reduce or control the discharge of noxious liquid substances following the incident, and
iv
the procedures and point of contact on the ship for co-ordinating shipboard action with national and local authorities in combating the pollution.
3
In the case of ships to which regulation 26 of Annex I to the MARPOL Convention also applies, the plan required by paragraph (1) above may be combined with the shipboard oil pollution emergency plan required under regulation 26 of Annex I to the MARPOL Convention, and in this case the title of the plan shall be “Shipboard Marine Pollution Emergency Plan.”
.
Amendment of principal Regulations: Survey and Certification
6
For regulations 9 to 11 of the principal Regulations, there shall be substituted the following.
Surveys for NLS, IBC Code and BCH Code Certification
9
1
Except where paragraph (2) or (3) below applies, a United Kingdom ship carrying one or more noxious liquid substances in bulk shall be subject to the following surveys:
a
before the ship is put in service, or before an NLS Certificate is first issued in relation to the ship, an initial survey as set out in regulation 10(l)(a) of Annex II,
b
within five years of the first issue of an NLS Certificate, and thereafter at intervals which, subject to the provisions of regulation 11A(3) and 11B(3) to (6), shall be no more than five years, a renewal survey as set out in regulation 10(l)(b) of Annex II,
c
within three months before or after the second or third anniversary date of an NLS Certificate being issued, an intermediate survey as set out in regulation 10(l)(c) of Annex II,
d
within three months before or after each anniversary date of the issue of the ship’s NLS Certificate, other than when an intermediate survey is required to be carried out within that period, an annual survey as set out in regulation 10(l)(d) of Annex II, and
e
after a repair resulting from investigations prescribed in regulation 10(4), or whenever any important repairs or renewals are made, an additional survey as set out in regulation 10(l)(e) of Annex II.
2
A United Kingdom chemical tanker constructed in compliance with the requirements of the IBC Code shall be subject to the following surveys:
a
before the ship is put in service, or before an IBC Code Certificate is first issued in relation to the ship, an initial survey as set out in section 1.5.2 of the IBC Code,
b
within five years of the first issue of an IBC Code Certificate, and thereafter at intervals which, subject to regulation 11A(3) and 11B (3) to (6), shall be no more than five years, a renewal survey as set out in section 1.5.2 of the IBC Code,
c
within three months before or after the second or third anniversary date of an IBC Code Certificate being issued, an intermediate survey as set out in section 1.5.2 of the IBC Code,
d
within three months before or after each anniversary date of the issue of the ship’s IBC Code Certificate, other than when an intermediate survey is required to be carried out within that period, an annual survey as set out in section 1.5.2 of the IBC Code, and
e
after a repair resulting from investigations prescribed in regulation 10(4), or whenever any important repairs or renewals are made, an additional survey as set out in section 1.5.2 of the IBC Code.
3
A United Kingdom chemical tanker constructed in compliance with the requirements of the BCH Code shall be subject to the following surveys:
a
before the ship is put in service, or before a BCH Code Certificate is first issued in relation to the ship, an initial survey as set out in section 1.6.2 of the BCH Code,
b
within five years of the first issue of a BCH Code Certificate, and thereafter at intervals which, subject to regulation 11A(3) and 11(B)(3) to (6), shall be no more than five years, a renewal survey as set out in section 1.6 .2 of the BCH Code,
c
within three months before or after the second or third anniversary date of a BCH Code Certificate being issued, an intermediate survey as set out in section 1.6.2 of the BCH Code,
d
within three months before or after each anniversary date of the issue of the ship’s BCH Code Certificate, other than where an intermediate survey is required to be carried out within that period, an annual survey as set out in section 1.6.2 of the BCH Code, and
e
after a repair resulting from investigations prescribed in regulation 10(4), or whenever any important repairs or renewals are made, an additional survey as set out in section 1.6.2 of the BCH Code.
Responsibilities of owner and master
10
1
The owner and master of every ship shall ensure that the condition of the ship and its equipment shall be maintained to conform:
a
in the case of a United Kingdom ship, or any ship surveyed pursuant to these Regulations, with the provisions of these Regulations,
b
in the case of a non-United Kingdom ship, with the requirements of Annex II, the IBC Code or the BCH Code (as applicable),
so as to ensure that the ship in all respects will remain fit to proceed to sea without presenting an unreasonable threat of harm to the safety of ships or persons on them, or an unreasonable threat of harm to the marine environment.
2
The owner and master of every ship shall ensure that after any survey of the ship required by these Regulations, or by Annex II, the IBC Code or the BCH Code (as applicable), has been completed, no change shall be made in the structure, equipment, systems, fittings, arrangements or material covered by the survey, without the approval of the appropriate Certifying Authority, or of the Administration of the State which carried out the survey for that ship, except by direct replacement.
3
The owner and master of every ship shall ensure that whenever an accident occurs to a ship or a defect is discovered which, in either case, substantially affects the integrity of the ship or the efficiency or completeness of its equipment:
a
if the ship is a United Kingdom ship, it is reported at the earliest opportunity to the Secretary of State and to any other appropriate Certifying Authority,
b
if the ship is a United Kingdom ship in a port outside the United Kingdom it is also reported to the proper officer and to the appropriate authorities of the country in which the port is situated, and
c
if the ship is a non-United Kingdom ship in a port in the United Kingdom, it is reported at the earliest opportunity to the Secretary of State.
4
Whenever an accident or defect is reported:
a
to the Secretary of State or a Certifying Authority under paragraph (3)(a), or
b
to the proper officer under paragraph (3)(b),
the Secretary of State, Certifying Authority or proper officer shall cause investigations to be initiated to determine whether or not a survey by a surveyor is necessary, and if a survey is found to be necessary require that survey to be carried out.
Issue and Endorsement of Certificates
11
1
Where the appropriate Certifying Authority is satisfied after the completion of an initial or renewal survey carried out in accordance with regulation 9(1)(a) or (b), (2)(a) or (b) or (3)(a) or (b) (as applicable) that the requirements of Annex II, the IBC Code or the BCH Code (as appropriate) are being complied with, that Authority shall issue:
a
where regulation 9(l)(a) or (b) applies, an NLS Certificate,
b
where regulation 9(2)(a) or (b) applies, an IBC Code Certificate,
c
where regulation 9(3)(a) or (b) applies, a BCH Code Certificate.
2
Where the appropriate Certifying Authority is satisfied after the completion of an intermediate or annual survey in accordance with the provisions of regulation 9(l)(c) or (d), (2)(c) or (d) or (3)(c) or (d) (as applicable) that the requirements of Annex II, the IBC Code or the BCH Code (as appropriate) are being complied with, that Authority shall so endorse the applicable Certificate.
3
If a ship which was previously under the flag of another State becomes a United Kingdom ship, an appropriate Certifying Authority shall issue:
a
a NLS Certificate only if it is fully satisfied that the ship is in compliance with the requirements of regulation 10(3)(a) and (b) of Annex II,
b
an IBC Code Certificate only if it is fully satisfied that the ship is in compliance with the requirements of section 1.5.3.1 and 1.5.3.2 of the IBC Code, and
c
a BCH Code Certificate only if it is fully satisfied that the ship is in compliance with the requirements of section 1.6.3.1 and 1.6.3.2 of the BCH Code.
4
The Secretary of State may, through a proper officer or otherwise, request the Administration of a State which is a Party to the MARPOL Convention or the Administration of a Contracting Government to the SOLAS Convention to carry out a survey of a United Kingdom ship and, if satisfied that the survey has been completed in accordance with the requirements of Annex II (in the case of an NLS Certificate), section 1.5 of the IBC Code (in the case of an IBC Code Certificate) and section 1.6. of the BCH Code (in the case of a BCH Code Certificate):
a
to issue or authorise the issue of an NLS Certificate, an IBC Code Certificate or a BCH Code Certificate, as appropriate, to the ship, or to endorse or authorise the endorsement of such a Certificate in accordance with the requirements of the relevant Annex or Code,
b
to include in the Certificate a statement to the effect that it has been issued at the request of the Secretary of State, and
c
to transmit a copy of the survey report and the Certificate to the Secretary of State as soon as possible.
5
A Certificate issued or endorsed in accordance with paragraph (4) above shall have the same force and receive the same recognition as a Certificate issued or endorsed in accordance with paragraphs (1) to (3) above.
6
The Secretary of State may, at the request of the Administration of a Party to the MARPOL Convention, survey a ship registered in that State and, if satisfied that the requirements of the Annex II of that Convention are complied with, issue or authorise the issue to the ship of an NLS Certificate, or endorse or authorise the endorsement of such a Certificate.
7
The Secretary of State may, at the request of the Administration of a Party to the SOLAS Convention, survey a ship registered in that State and, if satisfied that the requirements of the IBC Code are complied with, issue or authorise the issue to the ship of an IBC Certificate or endorse or authorise the endorsement of such a Certificate.
8
The Secretary of State may, at the request of the Administration of a Party to the SOLAS Convention, survey a ship registered in that State and, if satisfied that the requirements of the BCH Code are complied with, issue or authorise the issue to the ship of a BCH Certificate or endorse or authorise the endorsement of such a Certificate.
9
The Secretary of State shall include or have included in any Certificate issued or endorsed in accordance with paragraph (6), (7) or (8) above a statement to the effect that it has been issued or endorsed at the request of the Administration, and shall transmit a copy of the survey report and the Certificate to that Administration as soon as possible.
10
A certificate issued or endorsed in accordance with paragraph (6), (7) or (8) above shall have effect as if issued or endorsed by the Administration which requested the survey of the ship to be carried out.
11
A Certificate issued or endorsed in accordance with paragraphs (1) to (3) and (6) to (10) above shall be drawn up in a form corresponding:
a
in the case of an NLS Certificate to the model given in Appendix V to Annex II,
b
in the case of an IBC Code Certificate, to the model given in the appendix to Resolution MSC.16(58),
c
in the case of a BCH Code Certificate, to the model given in the appendix to Resolution MSC.18.(58).
Duration and validity of Certificates
11A
1
Subject to paragraphs (2) to (5) below, an NLS Certificate, IBC Code Certificate or BCH Code Certificate shall be issued:
a
on the date of the completion of the relevant survey,
b
as being valid from the date of issue, and
c
for a period of validity not exceeding five years.
2
Where a renewal survey required under regulation 9(l)(b), 9(2)(b) or 9(3)(b) has been completed within a period of three months before the expiry of the existing Certificate, the new Certificate shall be issued for a period of validity not exceeding five years from the date of expiry of the existing Certificate.
3
Subject to regulation 11B(6), where a renewal survey required under regulation 9(l)(b), 9(2)(b) or 9(3)(b) has been completed after the expiry of an NLS Certificate, IBC Code Certificate or BCH Code Certificate, the new Certificate shall be issued as being valid from the date of expiry of the existing Certificate.
4
Where an annual or intermediate survey is completed before the period prescribed for such a survey in regulation 9(l)(c) or (d), (2)(c) or (d) or (3)(c) or (d):
a
the anniversary date shown on the NLS Certificate, IBC Code Certificate or BCH Code Certificate shall be amended by endorsement to a date which shall not be more than three months later than the date on which the survey was completed,
b
subsequent annual or intermediate surveys required under regulation 9(1 )(c) or (d), (2)(c) or (d) or (3)(c) or (d) shall be completed at the intervals prescribed by those regulations using the new anniversary date, and
c
the expiry date may remain unchanged provided one or more annual or intermediate surveys, as appropriate, are carried out so that the maximum intervals between the surveys prescribed by regulation 9 are not exceeded.
5
An NLS Certificate, IBC Code Certificate or BCH Code Certificate shall cease to be valid:
a
if its period of validity has been exceeded and the Certificate has not been extended by the Certifying Authority in accordance with regulation 11B or the period of any such extension has expired,
b
if the relevant surveys have not been completed within the periods specified in regulation 9, and the Certificate endorsed in accordance with regulation 11, or
c
upon transfer of the ship to the flag of another State.
Extension of validity of Certificates
11B
1
Where an NLS Certificate, IBC Code Certificate or BCH Code Certificate has been issued for a period of validity of less than five years and the surveys required under regulation 9(1)(c) and (d), (2)(c) or (d) or (3)(c) or (d) (as applicable) have been completed, the appropriate Certifying Authority may extend the validity of that Certificate so that the certificate is valid for a maximum period of five years.
2
Where a renewal survey required under regulation 9(l)(b), (2)(b) or (3)(b) has been completed before the expiry of an NLS Certificate, IBC Code Certificate or BCH Code Certificate (as applicable) but the new Certificate cannot be issued or placed on board the ship before the expiry of the existing Certificate, the appropriate Certifying Authority may endorse the existing Certificate as valid for a period not exceeding five months from the expiry date of the existing Certificate.
3
Where a renewal survey required under regulation 9(l)(b), (2)(b) or (3)(b) has not been completed before the expiry of an NLS Certificate, IBC Code Certificate or BCH Code Certificate (as applicable) and at the time of expiry the ship is not in a port in which it is to be surveyed, the appropriate Certifying Authority may, where it appears to it proper and reasonable to do so, extend the validity of the Certificate, solely for the purpose of allowing the ship to complete its voyage to its port of survey, for a period of no more than three months.
4
Where no other extension has been granted, the appropriate Certifying Authority may extend the validity of the NLS Certificate, IBC Code Certificate or BCH Code Certificate (as applicable) of a ship used solely on short international voyages for a period of no more than one month.
5
An extension of validity under paragraph (3) or (4) above, shall be disregarded for the purposes of determining the date of expiry of an existing NLS Certificate, IBC Code Certificate or BCH Code Certificate (as applicable) in accordance with regulation 11A(2) or (3).
6
In special circumstances as determined by the Maritime and Coastguard Agency, where a renewal survey required under regulation 9(l)(b), 9(2)(b) or 9(3)(b):
a
has been completed after the expiry of the NLS Certificate, IBC Code Certificate or BCH Code Certificate (as appropriate),
b
has been completed during the period for which the validity of the NLS Certificate, IBC Code Certificate or BCH Code Certificate (as appropriate) has been extended in accordance with paragraph (3) above, or
c
has been completed during the period for which the validity of the NLS Certificate, IBC Code Certificate or BCH Code Certificate (as appropriate) has been extended in accordance with paragraph (4) above,
the new Certificate may be issued as being valid from the date of the completion of the renewal survey.
.
Power to detain
7
For regulation 15(3) (Inspection and detention) of the principal Regulations, there shall be substituted:
3
In any case where:
a
a ship does not comply with the requirements of these Regulations,
b
the steps to be taken by an inspector under paragraph (2) involve detention of the ship,
c
an accident occurs to a non-United Kingdom ship, or a defect is discovered in a non-United Kingdom ship, either of which substantially affects the integrity of the ship or the efficiency or completeness of its equipment, and a full and proper report of that accident or defect has not been made to the appropriate authority for that ship, or
d
within a reasonable period of a report being made of an accident to or defect in a non-United Kingdom ship the Secretary of State is not satisfied that action taken as respects that ship is sufficient to restore the integrity of the ship or the efficiency or completeness of its equipment,
the ship shall be liable to be detained and section 284(1) to (6) and (8) of the Merchant Shipping Act 1995 (which relates to the detention of a ship) shall have effect in relation to that ship, as if for the words “this Act” wherever they appear, there were substituted the words “the Merchant Shipping (Dangerous or Noxious Liquid Substances in Bulk) Regulations 1996”.
Signed on behalf of the Secretary of State for Transport
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
25th March 2004


text:
Citation, commencement and extent
1
1
These Regulations may be cited as the Health and Safety etc. Act 1974 (Application to Environmentally Hazardous Substances) (Amendment) Regulations 2004 and shall come into force on 25th March 2004.
2
These Regulations do not extend to Northern Ireland.
Amendment to the Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002
2
1
The Health and Safety at Work etc. Act 1974 (Application to Environmentally Hazardous Substances) Regulations 2002 shall be amended as follows.
2
In regulation 2 (interpretation), in the definition of “the Directives” —
a
after sub-paragraph (f) insert —
fa
Directive 1999/45/ EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations ;
;
b
after sub-paragraph (h) insert —
ha
Directive 2000/18/EC of the European Parliament and of the Council on minimum examination requirements for safety advisers for the transport of dangerous goods by road, rail or inland waterway ;
;
c
at the end of sub-paragraphs (k) and (l) omit the word “and”;
d
after sub-paragraph (l) insert —
m
Commission Directive 2001/60/EC adapting to technical progress Directive 1999/45/EC of the European Parliament and of the Council on the approximation of the laws, regulations and administrative provisions of the Member States relating to the classification, packaging and labelling of dangerous preparations ;
n
Commission Directive 2003/28/EC adapting for the fourth time to technical progress Council Directive 94/55/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by road ; and
o
Commission Directive 2003/29/EC adapting for the fourth time to technical progress Council Directive 96/49/EC on the approximation of the laws of the Member States with regard to the transport of dangerous goods by rail ; and
.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
26th February 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 and shall come into force on the twenty fourth day after the day on which it is made.
2
In this Order –
“chief officer of police” in relation to any penalty notice means the chief officer of police for the police area in which the offence to which the notice relates is alleged to have been committed or, if the penalty notice was given by a member of the British Transport Police, the Chief Constable of the British Transport Police ;
“guardian” means a person who has for the time being the care of a young penalty recipient and includes a local authority who have parental responsibility for a young penalty recipient who is in their care or is provided with accommodation by them in the exercise of any social services functions;
“local authority” and “parental responsibility” have the same meanings as in the Children Act 1989 ;
“social services functions” in relation to a local authority has the meaning given by section 1A of the Local Authority Social Services Act 1970 ;
“young penalty recipient” means a person under the age of 16 who is given a penalty notice ;
“the 2001 Act ” means the Criminal Justice and Police Act 2001.
Amendment of section 2 of the Criminal Justice and Police Act 2001
2
In section 2(1) of the 2001 Act , for “16” there is substituted “10”.
Notification of parent or guardian
3
1
The chief officer of police must notify such parent or guardian of a young penalty recipient as he thinks fit of the giving of the penalty notice concerned.
2
A notification under paragraph (1) must be in writing and must include a copy of the penalty notice.
3
A notification under paragraph (1) may be served –
a
by giving it to the parent or guardian personally; or
b
by sending it to the parent or guardian at his usual or last-known address by first-class post.
4
A notification under paragraph (1) must be served before the end of the period of 28 days beginning with the date on which the penalty notice was given.
5
Where a notification under paragraph (1) is sent to the parent or guardian by first-class post, service shall be deemed to have been effected on the second day after posting.
Re-issue of notification
4
1
This article applies if a notification is served under article 3(1) and –
a
the chief officer of police decides that the notification should have been served on some other parent or guardian of the young penalty recipient; or
b
the chief officer of police discovers that the person on whom the notification was served is not a parent or guardian of the young penalty recipient.
2
The chief officer of police may cancel the original notification at any time before the end of the period of 21 days beginning with the date on which it is served.
3
If the chief officer of police cancels the original notification under paragraph (2), he must –
a
as soon as reasonably practicable inform the recipient of the original notification in writing that the original notification has been cancelled; and
b
notify such other person who is a parent or guardian of the young penalty recipient as he thinks fit of the giving of the penalty notice.
4
A notification under paragraph (3)(b) must be served before the end of the period of 14 days beginning with the date on which the original notification was cancelled.
5
Paragraphs (2), (3) and (5) of article 3 apply to a notification under paragraph (3)(b) as they apply to a notification under article 3(1).
Liability of parent or guardian to pay penalty
5
Where a parent or guardian of a young penalty recipient is notified –
a
under article 3(1) of the giving of a penalty notice and the notification is not cancelled under article 4(2); or
b
under article 4(3)(b) of the giving of a penalty notice,
that parent or guardian is liable to pay the penalty under the notice.
Modifications of the Criminal Justice and Police Act 2001
6
1
In its application to a young penalty recipient, Chapter 1 of Part 1 of the 2001 Act is to have effect with the following modifications and those modifications are to be construed in accordance with this Order.
2
Section 4(5) is to have effect as if for “against A as a fine” there were substituted “as a fine against the parent or guardian of A who has been notified of the giving of the penalty notice under article 3(1) or 4(3)(b) of the Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004”.
3
Section 5(1) is to have effect as if for “beginning with the date on which the notice was given” there were substituted “beginning with the date on which notification under article 3(1) of the Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004 was served on the parent or guardian of the person to whom the penalty notice was given or, if a notification under article 3(1) of that Order is cancelled under article 4(2) of that Order, beginning with the date on which notification under article 4(3)(b) of that Order was served on the parent or guardian of the person to whom the penalty notice was given”.
4
Section 7(1) is to have effect as if for “a person to whom a penalty notice is given” there were substituted “a parent or guardian who has been notified of the giving of a penalty notice under article 3(1) or 4(3)(b) of the Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004”.
5
Section 10 is to have effect as if for subsection (2) there were substituted –
2
Subsection (3) applies if, in any proceedings, the defaulter claims that –
a
he is not a parent or guardian of the person to whom the penalty notice concerned was issued;
b
he was not properly notified of the giving of the penalty notice concerned under article 3(1) or 4(3)(b) of the Penalties for Disorderly Behaviour (Amendment of Minimum Age) Order 2004.
6
Section 10(4) is to have effect as if for “that he was the recipient of the penalty notice” there were substituted “to be incorrect”.
Scotland of Asthal Q.C.
Minister of State
Home Office
2nd December 2004