text:
Title, commencement and application
1
These Regulations may be cited as the Cocoa and Chocolate Products (England) Regulations 2003, shall come into force on 3rd August 2003 and shall apply to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“catering establishment” means a restaurant, canteen, club, public house, school, hospital or similar establishment (including a vehicle or a fixed or mobile stall) where, in the course of a business, food is prepared for delivery to the ultimate consumer and is ready for consumption without further preparation;
“designated product” means any cocoa or chocolate product specified in column 2 of Schedule 1, as read with any Note to that Schedule and any provision of regulation 3 and Schedule 2 relating to that product; and “designated chocolate product” and “designated cocoa product” mean any such product which is respectively a chocolate product or a cocoa product;
“ EEA Agreement ” means the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“ EEA State ” means a State which is a Contracting Party to the EEA Agreement;
“food authority” does not include —
the council of a district in a non-metropolitan county except where the county functions have been transferred to that council pursuant to a structural change, or
the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner and the Middle Temple);
“the 1996 Regulations ” means the Food Labelling Regulations 1996 ;
“other edible substances” does not include vegetable fats referred to in regulation 3 or the filling of any product specified in column 2 of item 7 or of item 10(a) of Schedule 1;
“preparation” includes manufacture and any form of processing or treatment;
“reserved description”, as respects any designated product, means any description specified in relation to that product in column 1 of Schedule 1;
“sell” includes offer or expose for sale or have in possession for sale, and “sale” shall be construed accordingly; and
“ultimate consumer” means any person who buys otherwise than —
for the purpose of resale,
for the purposes of a catering establishment, or
for the purposes of a manufacturing business.
2
Any reference in these Regulations to a numbered regulation or Schedule shall be construed as a reference to the regulation or Schedule bearing that number in these Regulations.
Vegetable fats in chocolate products
3
1
Subject to paragraph (2) below, the vegetable fats, other than cocoa butter, specified in Schedule 2 may be added to those designated chocolate products specified in column 2 of items 3, 4, 5, 6, 8 and 9 of Schedule 1.
2
An addition in accordance with paragraph 1 may not exceed 5 per cent of the finished product, after deduction of the total weight of any other edible substances used in accordance with the Note 1 to Schedule 1, without reducing the minimum content of cocoa butter or total dry cocoa solids.
Scope of Regulations
4
These Regulations apply to designated products intended for human consumption and ready for delivery to the ultimate consumer or to a catering establishment.
Reserved descriptions
5
No person shall sell any food with a label, whether or not attached to or printed on the wrapper or container, which bears, comprises or includes any reserved description or any derivative thereof or any word or description substantially similar thereto unless —
a
such food is the designated product to which the reserved description relates;
b
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that the substance to which it relates is only an ingredient of that food; or
c
such description, derivative or word is used in such a context as to indicate explicitly or by clear implication that such food is not and does not contain a designated product.
Labelling and description of designated products
6
1
Without prejudice to the generality of Part II of the 1996 Regulations, no person shall sell any designated product unless it is marked or labelled with the following particulars —
a
subject to paragraphs (2)(a) and (3) below, a reserved description of the product;
b
subject to paragraph (2) of regulation 7, in the case of a designated chocolate product which, pursuant to regulation 3, contains vegetable fats other than cocoa butter, the conspicuous and clearly legible statement “contains vegetable fats in addition to cocoa butter”;
c
where the words “milk chocolate” are used as the reserved description or a qualification of the reserved description of a designated chocolate product, an accompanying indication of the dry milk solids content in the form “milk solids … % minimum”, provided that —
i
as regards a designated chocolate product specified in column 2 of item 4(a) of Schedule 1, the dry milk solids content indicated is not less than 14 per cent; and
ii
as regards a designated chocolate product specified in column 2 of item 5 of Schedule 1, the dry milk solids content indicated is not less than 20 per cent;
d
subject to paragraph (4) below, in the case of a designated product specified in column 2 of item 2(c), 2(d), 2(e), 3, 4, 5, 8 or 9 of Schedule 1, an indication of the total dry cocoa solids content in the form “cocoa solids … % minimum”;
e
in the case of a designated cocoa product specified in column 2 of item 2(b) or 2(e), an indication of the cocoa butter content.
2
Where designated chocolate products specified in column 2 of items 3, 4, 5, 6, 7 and 10 of Schedule 1 are sold in an assortment —
a
the reserved description may be replaced by “assorted chocolates” or “assorted filled chocolates” or a similar name; and
b
the list of ingredients with which food is required by the 1996 Regulations to be marked or labelled may be a single list of ingredients for all the products in the assortment.
3
The reserved descriptions “chocolate”, “milk chocolate” and “couverture chocolate” may be supplemented by information or descriptions relating to quality criteria provided that the product contains —
a
in the case of the reserved description “chocolate”, not less than 43 per cent total dry cocoa solids, including not less than 26 per cent cocoa butter;
b
in the case of the reserved description “milk chocolate”, not less than 30 per cent total dry cocoa solids and not less than 18 per cent dry milk solids obtained by partly or wholly dehydrating whole milk, semi-skimmed or skimmed milk, cream, or from partly or wholly dehydrated cream, butter or milk fat, including not less than 4.5 per cent milk fat;
c
in the case of the reserved description “couverture chocolate”, not less than 16 per cent dry non-fat cocoa solids.
4
The total dry cocoa solids content with which a designated product is required by paragraph (1)(d) above to be marked or labelled shall be calculated after deduction of the weight of other edible substances provided for in Note 1 to Schedule 1 but not the weight of any ingredient specified in column 2 of Schedule 1 as an ingredient of that product or of any vegetable fat added in accordance with regulation 3.
Manner of marking or labelling
7
1
Regulations 35, 36(1) and (5) and 38 of the 1996 Regulations (which relate to the manner of marking or labelling of food) shall apply to the particulars with which a designated product is required to be marked or labelled by regulation 6 of these Regulations as if they were particulars with which food is required to be marked or labelled by the 1996 Regulations.
2
The information with which a designated chocolate product is required to be marked or labelled by paragraph (1)(b) of regulation 6 shall be —
a
in the same field of vision as the list of ingredients with which the product is required by the1996 Regulations to be marked or labelled;
b
clearly separated from that list;
c
in bold lettering no less large than that of the list; and
d
located near the reserved description, which may also appear elsewhere on the marking or labelling.
Penalties and enforcement
8
1
If any person contravenes or fails to comply with any provision of regulation 5 or 6 he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Each food authority shall enforce and execute these Regulations in its area.
Defence in relation to exports
9
In any proceedings for an offence under these Regulations it shall be a defence for the person accused to prove —
a
that the food in respect of which the offence is alleged to have been committed was intended for export to a country which has legislation analogous to these Regulations and that the food complies with that legislation; and
b
in the case of export to an EEA State, that the legislation complies with the provisions of Directive 2000/36/EC of the European Parliament and the Council relating to cocoa and chocolate products intended for human consumption .
Application of various provisions of the Food Safety Act 1990
10
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of sale etc. );
b
section 3 (presumptions that food is intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence) as it applies for the purposes of section 8, 14 or 15 of the Act;
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above”, shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub-paragraph (g) above;
i
section 35(1) (punishment of offences) in so far as it relates to offences under section 33(1) as applied by sub-paragraph (g) above;
j
section 35(2) and (3) in so far as it relates to offences under section 33(2) as applied by sub-paragraph (h) above;
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
Amendments and revocations
11
1
In the 1996 Regulations (in so far as they apply to England) in regulation 4(2) (scope of Part II) sub-paragraph (b) shall be omitted.
2
The following entries relating to the Cocoa and Chocolate Products Regulations 1976 shall (in so far as the following Regulations apply to England), be omitted —
a
in the Food (Revision of Penalties) Regulations 1982 , in Schedule 1;
b
in the Food (Revision of Penalties) Regulations 1985 , in Schedule 1, Part I;
c
in the Food Safety Act 1990 (Consequential Modifications) (England and Wales) Order 1990 , in Schedule 1, Part I, Schedule 2, Schedule 3, Part I and Schedules 6 and 12;
d
in the Food Safety (Exports) Regulations 1991 in Schedule 1, Part I;
e
in the Food (Forces Exemptions) (Revocations) Regulations 1992 , in Schedule 1, Part I;
f
in the Miscellaneous Food Additives Regulations 1995 , in Schedule 9;
g
in the 1996 Regulations, in regulation 49(4)(a) and Schedule 9;
h
in the Miscellaneous Food Additives (Amendment) Regulations 1999 , in regulation 14(1);
i
in the Miscellaneous Food Additives (Amendment) (England) (No. 2) Regulations 2001 , in regulation 9(2).
3
In Schedule 9 to the Miscellaneous Food Additives Regulations 1995 (in so far as they apply to England) the entry relating to the Cocoa and Chocolate Products (Amendment) Regulations 1982 shall be omitted.
4
In so far as the Regulations in which they appear apply to England, there shall be substituted for the following references to Directive 73/241/ EEC , references to Directive 2000/36/EC —
a
in the Colourings in Food Regulations 1995 , in Schedule 2;
b
in the Miscellaneous Food Additives Regulations 1995 , in Schedule 3 and in Schedule 7.
5
The Cocoa and Chocolate Products Regulations 1976 and the Cocoa and Chocolate Products (Amendment) Regulations 1982 are hereby revoked (in so far as they apply to England).
Transitional provision
12
In any proceedings for an offence under these Regulations it shall be a defence for the accused to prove that —
a
the food concerned was marked or labelled before 3rd August 2003, and
b
the matters constituting the alleged offence would not have constituted an offence under the Cocoa and Chocolate Products Regulations 1976 as they stood immediately before the date of coming into force of these Regulations.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under-Secretary of State,
Department of Health
25th June 2003


type: legislation

jurisdiction: UK

text:
1
1
This Order may be cited as the A2070 (Brenzett to M20 Junction 10, Ashford) and B2067 (Ashford Road, Link Road) (Trunking) Order 2003 and shall come into force on 30th September 2003.
2
In this Order, all measurements of distance are measured along the route of the relevant highway.
2
The length of highway described in the Schedule to this Order shall become a trunk road from the date on which the Secretary of State notifies Kent County Council that he is to be the highway authority responsible for this length of road.
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA 10/OD/444, marked “The A2070 (Brenzett to M20 Junction 10, Ashford) and B2067 (Ashford Road, Link Road) (Trunking) Order 2003.”, signed by authority of the Secretary of State for Transport and deposited at the DfT Records, Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex, TN37 7GA.
Signed by authority of the Secretary of State for Transport
Bill Wadrup
A Divisional Director in the Highways Agency
12th September 2003


text:
Title, extent and commencement
1
These Regulations —
a
may be cited as the Meat Products (England) Regulations 2003;
b
extend to England only; and
c
shall come into force on 2nd September 2003.
Interpretation
2
In these Regulations —
“catering establishment” has the meaning assigned to it by the Food Labelling Regulations 1996 ;
“cooked”, in relation to a food, means subjected to a process of cooking throughout the whole food so that the food is sold for consumption without further cooking and “uncooked” shall be construed accordingly;
“cured meat” means a food consisting of meat and curing salt, whether or not the food also contains any other ingredient;
“curing salt” means sodium chloride, potassium chloride, sodium nitrate, potassium nitrate, sodium nitrite or potassium nitrite, whether alone or in any combination, except that sodium chloride or potassium chloride alone or a mixture of sodium chloride and potassium chloride alone is to be regarded as a curing salt when used in a meat product only if used in sufficient quantity to have a significant preserving effect on the meat product;
“ingredient” has the meaning assigned to it by the Food Labelling Regulations 1996;
“meat” has the meaning assigned to it by Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs , as amended by Commission Directive 2001/101/EC ;
“meat product” means any food, other than one specified in Schedule 1, which consists of meat or which contains as an ingredient, or as ingredients, any of the following: meat; mechanically recovered meat; or, from any mammalian or bird species recognised as fit for human consumption, heart, tongue, the muscles of the head (other than the masseters), the carpus, the tarsus, or the tail;
“mechanically recovered meat” has the same meaning as in Commission Directive 2001/101/EC ;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act;
“sell” includes offer or expose for sale and includes have in possession for sale, and “sale” shall be construed accordingly; and
“ultimate consumer” has the meaning assigned to it by the Food Labelling Regulations 1996.
Scope
3
1
Subject to paragraphs (2) and (3), these Regulations apply to food which is ready for delivery to the ultimate consumer or to a catering establishment.
2
These Regulations shall not apply in respect of any food which is —
a
not intended for sale for human consumption; or
b
marked or labelled with a clear indication that the food is intended exclusively for consumption by babies or young children.
3
Regulation 4 (restrictions on the use of certain names) shall not apply in respect of any food which is —
a
brought into England from —
i
an EEA State (other than the United Kingdom), or
ii
another part of the United Kingdom,
in which it was lawfully sold, having been lawfully produced in an EEA State; or
b
brought into England from —
i
a member State (other than the United Kingdom), or
ii
another part of the United Kingdom,
in which it was lawfully sold, having been lawfully produced in a member State, or in which it was in free circulation and lawfully sold.
4
For the purposes of paragraph (3) —
“EEA State” means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993;
“free circulation” has the same meaning as in Article 24 of the Treaty establishing the European Community;
“member State” means a State which is a member of the European Community.
Restrictions on the use of certain names
4
1
For the purposes of the Food Labelling Regulations 1996, a name which appears in column 1 of Schedule 2 shall not be used in the labelling or advertising of a meat product as the name of the food, whether or not qualified by other words, unless either —
a
the product complies with the appropriate requirements in columns 2 and 3 of that Schedule; or
b
the name is used in accordance with paragraph (2).
2
A name which appears in column 1 of Schedule 2 shall not be used in the labelling or advertising of a food, whether or not qualified by other words, in such a way as to suggest, either expressly or by implication, that the product designated by that name is an ingredient of the food unless —
a
i
that product is an ingredient of the food, and
ii
that product complied, at the time of preparation of the food, with the appropriate requirements in columns 2 and 3 of that Schedule; or
b
i
the name used as the name of the food for that food is a name which appears in column 1 of that Schedule, and
ii
the food complies with the appropriate requirements in columns 2 and 3 of that Schedule.
3
No person shall sell a food in the labelling of which a name is used in contravention of paragraph (1) or (2).
4
No person shall use a name in contravention of paragraph (1) or (2) in advertising a food for sale.
Name of the food for certain meat products
5
1
Subject to paragraphs (3) and (4), where any person sells any meat product which has the appearance of a cut, joint, slice, portion or carcase of meat or of cured meat (in each case, whether cooked or uncooked), this regulation shall apply.
2
For the purposes of the Food Labelling Regulations 1996, the name used as the name of the food in the labelling of any meat product to which this regulation applies shall include an indication of —
a
any added ingredient of animal origin, unless the meat product contains meat of the species from which that added ingredient is derived; and
b
any added ingredient to which sub-paragraph (a) does not apply other than an ingredient specified in Schedule 3.
3
For the purposes of paragraph (1), no account shall be taken of the presence in or on the meat product of any seasoning, garnishing or gelatinous substance, nor of any packaging material enclosing the meat product.
4
This regulation shall not apply where the name used as the name of the food is a name which appears in column 1 of Schedule 2, whether or not qualified by other words, or to a food having the appearance of minced uncooked meat which has been shaped.
Parts of the carcase in uncooked meat products
6
1
Subject to paragraph (3), no person shall sell an uncooked meat product in the preparation of which any part specified in paragraph (2) of the carcase from any mammalian species has been used as an ingredient.
2
The specified parts of the carcase are: brains, feet, large intestine, small intestine, lungs, oesophagus, rectum, spinal cord, spleen, stomach, testicles and udder.
3
The prohibition contained in paragraph (1) shall not extend to use of a mammalian large or small intestine solely as a sausage skin.
4
In this regulation “sausage” includes chipolata, frankfurter, link, salami and any similar product.
Penalties and enforcement
7
1
If any person contravenes or fails to comply with regulation 4, 5(2) or 6(1) of these Regulations he shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Subject to paragraph (3) each food authority shall enforce and execute these Regulations in its area.
3
Each port health authority shall enforce and execute these Regulations in its district in relation to food imported into England from outside the United Kingdom.
Application of sections 2, 3, 20, 21, 22, 30(8), 33, 35, 36 and 44 of the Food Safety Act 1990
8
The following provisions of the Food Safety Act 1990 shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed for the purposes of these Regulations as a reference to these Regulations —
a
section 2 (extended meaning of “sale” etc. );
b
section 3 (presumption that food intended for human consumption);
c
section 20 (offences due to fault of another person);
d
section 21 (defence of due diligence as it applies for the purposes of sections 8, 14 or 15 of that Act);
e
section 22 (defence of publication in the course of business);
f
section 30(8) (which relates to documentary evidence);
g
section 33(1) (obstruction etc. of officers);
h
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection 1(b) above” shall be deemed to be a reference to any such requirement as is mentioned in that subsection as applied by sub–paragraph (g);
i
section 35(1) (punishment of offences) insofar as it relates to offences under section 33(1) as applied by sub-paragraph (g);
j
section 35(2) and (3) insofar as it relates to offences under section 33(2) as applied by sub–paragraph (h);
k
section 36 (offences by bodies corporate); and
l
section 44 (protection of officers acting in good faith).
Amendment of the Food Labelling Regulations 1996
9
The Food Labelling Regulations 1996 shall (insofar as they extend to England) be amended as follows —
a
in regulation 2(1) (interpretation), immediately after the definition of “liqueur wine” there shall be inserted the following definition —
“meat product” has the meaning assigned to it by the Meat Products (England) Regulations 2003;
;
b
in regulation 23 (food which is not prepacked and similar food, and fancy confectionery products), in paragraph (2) —
i
the word “and” at the end of sub–paragraph (a) shall be deleted, and
ii
after sub–paragraph (b) there shall be inserted the following —
and
c
in the case of a meat product other than one listed in Schedule 4A, the particulars required by regulation 5(bA) in respect of those of its ingredients being meat, within the meaning assigned to it by Directive 2000/13/EC of the European Parliament and the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs, as amended by Commission Directive 2001/101/EC ,
.
c
after Schedule 4 there shall be inserted the Schedule contained in Schedule 4 to these Regulations.
Transitional provision and defence in relation to exports
10
In any proceedings for an offence under these Regulations it shall be a defence for the person charged to prove that —
a
i
the act was committed before 1st February 2004; and
ii
the matter constituting the offence would not have constituted an offence under the Meat Products and Spreadable Fish Products Regulations 1984 as they stood immediately prior to the coming into force of these Regulations; or
b
the food in respect of which the offence is alleged to have been committed —
i
was intended for export and complied with the importing country’s domestic legislation relevant to the alleged offence; or
ii
in the case of proceedings for an offence under regulation 4 or 5, was intended for export and was marked or labelled before 1st February 2004.
Revocations
11
In so far as they apply in England, the Meat Products and Spreadable Fish Products Regulations 1984 are revoked.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under-Secretary of State,
Department of Health
11th August 2003


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Housing Benefit and Council Tax Benefit (General) Amendment Regulations 2003 and shall come into force on 10th February 2003.
2
In these Regulations —
“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;
“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .
Amendments to the Council Tax Benefit Regulations
2
In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) for the definition of “designated office” there shall be substituted the following definition —
“designated office” means the office designated by the relevant authority for the receipt of claims to council tax benefit, either —
by notice upon or with a form approved by it for the purpose of claiming council tax benefit; or
by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or
by any combination of the provisions set out in sub-paragraphs (a) and (b) above;
.
3
1
Regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (4)(a) after the words “income support” there shall be inserted the words “, incapacity benefit”.
3
For paragraph (4)(c) there shall be substituted the following sub-paragraph —
c
sent or delivered to the appropriate social security office, other than one sent on the same form as a claim being made to income support, incapacity benefit or a jobseeker’s allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, shall be forwarded to the relevant authority within two working days of the date of the receipt of the claim at the appropriate social security office or as soon as practicable thereafter;
.
4
After paragraph (5)(a), there shall be inserted the following sub-paragraph —
aa
in a case where the claimant or his partner claimed council tax benefit on the same form as a claim being made to incapacity benefit or a contribution-based jobseeker’s allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, the date on which the claim is received at the appropriate social security office;
.
5
In paragraph (5)(b), for the words “a jobseeker’s allowance” there shall be substituted the words “an income-based jobseeker’s allowance”.
Amendments to the Housing Benefit Regulations
4
In regulation 2(1) of the Housing Benefit Regulations (interpretation) for the definition of “designated office” there shall be substituted the following definition —
“designated office” means the office designated by the relevant authority for the receipt of claims to housing benefit, either —
by notice upon or with a form approved by it for the purpose of claiming housing benefit; or
by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or
by any combination of the provisions set out in sub-paragraphs (a) and (b) above;
.
5
1
Regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) shall be amended in accordance with the following paragraphs of this regulation.
2
After paragraph (1)(a), there shall be inserted the following sub-paragraph —
aa
relevant information regarding a claim on which rent allowance may be awarded; or
.
3
In paragraph (2) after the words “a claim,” there shall be inserted the words “relevant information regarding a claim,”.
4
In paragraph (2)(a) after the words “that claim,” there shall be inserted the words “relevant information regarding a claim,”.
5
In paragraph (2)(a)(i) after the words “the claim,” there shall be inserted the words “relevant information,”.
6
After paragraph (3)(a), there shall be inserted the following sub-paragraph —
aa
relevant information regarding a claim on which rent allowance may be awarded; or
.
7
After the definition of “registered housing association” in paragraph (8), there shall be inserted the following definition —
“relevant information” means information or evidence forwarded to the relevant authority by an appropriate DWP office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate DWP office relating to that claim;
.
6
1
Regulation 72 of the Housing Benefit Regulations (time and manner in which claims are to be made) shall be amended in accordance with the following paragraphs of this regulation.
2
In paragraph (4)(a) after the words “income support” there shall be inserted the words “, incapacity benefit”.
3
For paragraph (4)(c) there shall be substituted the following sub-paragraph —
c
sent or delivered to the appropriate DWP office, other than one sent on the same form as a claim being made to income support, incapacity benefit or a jobseeker’s allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, shall be forwarded to the relevant authority within two working days of the date of the receipt of the claim at the appropriate DWP office or as soon as practicable thereafter;
.
4
After paragraph (5)(a), there shall be inserted the following sub-paragraph —
aa
in a case where the claimant or his partner claimed housing benefit on the same form as a claim being made to incapacity benefit or a contribution-based jobseeker’s allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, the date on which the claim is received at the appropriate DWP office;
.
5
In paragraph (5)(b), for the words “a jobseeker’s allowance” there shall be substituted the words “an income-based jobseeker’s allowance”.
Signed by authority of the Secretary of State for Work and Pensions.
Malcolm Wicks,
Parliamentary Under-Secretary of State,
Department for Work and Pensions
12th January 2003.


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Brent Primary Care Trust (Change of Name) Amendment Order 2003 and shall come into force on 21st October 2003.
2
In this Order —
“the Establishment Order ” means the Brent Primary Care Trust (Establishment) Order 2002 ; and
“ the trust ” means the Primary Care Trust established by the Establishment Order.
Change of name of the trust
2
The trust shall be called the Brent Teaching Primary Care Trust instead of the Brent Primary Care Trust, and accordingly —
a
in article 1(2) of the Establishment Order (citation, commencement and interpretation), in the definition of “the trust”; and
b
in article 2(1) of the Establishment Order (establishment, operational date and name of the Primary Care Trust),
“Brent” shall be replaced by “Brent Teaching”.
3
The change of name effected by article 2 of this Order shall not —
a
affect any right or obligation of any person; or
b
be taken as invalidating any instrument (whether made before, on, or after the day on which this Order comes into force) which refers to the trust by its previous name,
and all instruments and other documents which refer to the trust under its previous name shall be construed as referring to it under its new name.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
7th October 2003


text:
Citation and commencement
1
These Regulations may be cited as the Education (Student Support) (No. 2) Regulations 2002 (Amendment) Regulations 2003 and shall come into force on 2 nd May 2003.
2
The Education (Student Support) (No. 2) Regulations 2002 shall be amended in accordance with these Regulations.
Revocation
3
The Education (Student Support) (Amendment) (No. 3) Regulations 2002 shall be revoked on 1 st September 2003.
Amendments to the Regulations
4
1
Regulation 12 shall be amended as follows.
2
In the first line of paragraph (3)(e)(i) for “Strategy” substitute “Strategic”.
5
1
Regulation 16 shall be amended as follows.
2
In paragraph (1) for “who is not and whose spouse is not entitled to” substitute “and who has elected, or whose spouse has elected, not to receive”.
6
1
Regulation 19 shall be amended as follows.
2
In paragraphs (1)(b)(i)(b) and (c), (2)(b)(i)(b) and (c) and (10)(b)(i)(b) and (c) omit “in aggregate” before “in the academic year” and after “half the time” insert “in aggregate of any quarter”.
3
In paragraph (6) —
a
for “Where” substitute “Subject to paragraph (6A), where”; and
b
in sub-paragraph (b) omit “or at an institution within the area comprising the City of London and the Metropolitan Police District,”.
4
After paragraph (6) insert —
6A
Where an eligible student attends —
a
a course at an institution other than the University of London which requires attendance for at least half the time in aggregate of any quarter of the course in the academic year at a site within the area comprising the City of London and the Metropolitan Police District, or
b
a sandwich course at an institution other than the University of London which requires him to undertake work experience or a combination of work experience and study provided that he undertakes such work experience or combination of work experience and study for at least half the time in aggregate of any quarter of the course in the academic year at a site or sites within the area comprising the City of London and the Metropolitan Police District,
the maximum amount of loan for living costs for the relevant quarter shall be one third of the maximum amount applicable for the academic year under paragraph (1)(b)(i) or, as the case may be, (2)(b)(i).
5
In paragraph (7) —
a
in the first line for “applicable rates for each” substitute “the applicable rate for any”; and
b
omit “, and the maximum amount for the academic year shall be the aggregate of the three amounts so determined”.
6
In paragraph (8) after “(6)” in the fourth line insert “, (6A)”
7
1
Regulation 23 shall be amended as follows.
2
In the first line of paragraph (1) for “loans” substitute “loan”.
3
For paragraph (2) substitute —
2
Subject to paragraph (3), where the contribution exceeds the maximum amount of grant referred to in paragraph (1)(a) that maximum amount shall be reduced to nil, and the excess of the contribution shall be available —
a
first, to reduce or extinguish the maximum amount of grants referred to in paragraph (1)(b), if any;
b
second, to reduce or extinguish the maximum amount of loan referred to in paragraph (1)(c), if any; and
c
third, to reduce or extinguish the maximum amount of grant referred to in paragraph (1)(d), if any.
.
4
In the first line after paragraph (3)(b) for “amount of grant referred to in paragraph (1)(b)” substitute “amounts of grant or loan referred to in paragraph (1)”.
5
In paragraphs (5)(b)(i)(b) and (c) and (6)(b)(i)(b) and (c) omit “in aggregate” before “in the academic year” and after “half the time” insert “in aggregate of any quarter”.
6
In paragraph (7) for “the Secretary of State determines that” substitute “or (6A)”.
7
In paragraph (8) omit “which the Secretary of State has determined shall be”.
8
1
Regulation 26 shall be amended as follows.
2
In paragraph (2) omit “other than a grant for dependants under regulations 15 and 16” in the first and second lines and in both instances where it occurs in sub-paragraph (a).
3
In paragraph (2)(b) omit “(other than a grant for dependents under regulations 15 and 16)”.
4
Omit paragraph (3).
9
1
Regulation 29 shall be amended as follows.
2
In paragraph (11) in the definition of “income” for “2000” substitute “2002”.
10
1
Paragraph 4 of Schedule 3 shall be amended as follows.
2
In sub-paragraph (1) —
a
for “The parental contribution shall subject to sub-paragraphs (2) and (3) be in” substitute “In”;
b
after “£20,970 or more” insert “the parental contribution shall subject to sub-paragraphs (2) to (6) be”;
c
after “£9.50 by which” for “it” substitute “the residual income”; and
d
after “other than the” insert “eligible”.
3
For sub-paragraph (2) substitute —
2
For the purposes of this paragraph —
a
the amount or (where a contribution is ascertained in respect of more than one child of the eligible student’s parent) the aggregate amount of the parental contribution shall in no case exceed £6,910; and
b
where a contribution is ascertained in respect of more than one child of the eligible student’s parent the aggregate of the contributions shall not exceed the contribution that would be ascertained if only one child held an award or, if that amount is different in respect of each child, the lower or (as the case may be) lowest such amount.
.
4
In sub-paragraph (3) —
a
in the first line after “statutory award” insert “other than one referred to in sub-paragraph (4)”;
b
in paragraph (a) after “of the” insert “eligible student's”;
c
in the first line after paragraph (c) for “for the” substitute “in respect of”;
d
omit “; provided that where a contribution is ascertained in respect of more than one child of the parent the aggregate amount of the contributions in respect of each shall not exceed the amount of the contribution that would be ascertained if only one child held an award or, if that amount is different in respect of each child, the lower or (as the case may be) lowest such amount”.
5
After sub-paragraph (3) insert —
4
For any year in which a statutory award under these Regulations, the Education (Mandatory Awards) Regulations 2002 or section 63 of the Health Services and Public Health Act 1968 but no other statutory award is held by —
a
more than one child of the eligible student’s parent;
b
his parent; or
c
his step-parent,
the parental contribution in respect of the eligible student shall subject to sub-paragraphs (5) and (6) be such proportion of any contribution ascertained in accordance with this Part as is equal to the proportion in respect of the other or (as the case may be) each other statutory award holder.
5
Subject to sub-paragraph (6), if by apportioning the parental contribution in accordance with sub-paragraph (4) it would not all apply to statutory awards and one or more statutory award holders would hold any statutory award to which it could have applied but for the apportionment, the parental contribution shall instead apply —
a
first to the statutory award of the or (as the case may be) each statutory award holder eligible for the smallest aggregate amount of statutory award to which the contribution may apply, and
b
then to the statutory award of the remaining statutory award holder or, if there is more than one remaining statutory award holder, equally to the statutory award of each.
6
If by apportioning the parental contribution equally in accordance with sub-paragraph (5)(b) —
a
it would not all apply, and
b
one or more remaining statutory award holders would hold any statutory award to which it could have applied but for the apportionment
it shall instead apply first to the statutory award of the (or as the case may be) each remaining statutory award holder eligible for the next smallest aggregate amount of statutory award to which it may apply until the balance can be apportioned equally without any remaining statutory award holder holding any statutory award to which it could have applied but for the apportionment.
.
11
1
Paragraph 6 of Schedule 3 shall be amended as follows.
2
In sub-paragraph (2)(h) after “legislation of another” insert “Member State”.
Margaret Hodge
Minister of State
Department for Education and Skills
7 th April 2003


text:
Citation and commencement
1
These Regulations may be cited as the Social Fund Maternity and Funeral Expenses (General) Amendment (No. 2) Regulations 2003 and shall come into force on 6th October 2003.
Amendment of regulation 7A of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987
2
In regulation 7A(5)(b) of the Social Fund Maternity and Funeral Expenses (General) Regulations 1987 (amount of funeral payment) , where the sum “£100” appears there shall be substituted the sum “£120”.
Transitional provision
3
Where, in respect of a death which occurs before 6th October 2003, a claim is made for funeral expenses from the social fund, regulation 2 shall not have effect with respect to that claim.
Signed by authority of the Secretary of State for Work and Pensions
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
16th June 2003


text:
1
This Order may be cited as The A45 Trunk Road (A45/A46 Stonebridge Highway Island, Coventry to the A45/A452 Stonebridge Island) (Detrunking) Order 2003 and shall come into force on 19th May 2003.
2
In this Order —
i
“the plan”
means the plan folio numbered HA 10/OD/483 marked “The A45 Trunk Road (A45/A46 Stonebridge Highway Island, Coventry to the A45/A452 Stonebridge Island) (Detrunking) Order 2003” signed by authority of the Secretary of State for Transport, and deposited at ODPM-DfT Records Management Branch, Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA;
ii
“principal road”
as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
iii
“the trunk road”
means the A45 Trunk Road.
3
The length of the trunk road described in the Schedule to this Order shall cease to be a trunk road and shall be classified as a principal road from the date on which the Order comes into force.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director, Highways Agency
28th April 2003.


text:
Citation and commencement
1
These Regulations may be cited as the Leasehold Reform (Enfranchisement and Extension) (Amendment) (England) Regulations 2003 and shall come into force on 30th September 2003.
Application
2
These Regulations apply only —
a
in respect of premises in England;
b
to cases where a notice under Part 1 of the Leasehold Reform Act 1967 (tenant’s notice of desire to have or claim to be entitled to acquire the freehold or an extended lease) is given on or after the date these Regulations come into force.
Amendments
3
The Leasehold Reform (Enfranchisement and Extension) Regulations 1967 shall be amended as follows —
a
in paragraph 2 of Part 1 of the Schedule, after the words “tenancy and” insert “, in a case to which paragraph 2A applies,”;
b
after that paragraph insert —
2A
This paragraph applies where —
a
the tenancy in question is a business tenancy; or
b
a flat forming part of the house is let to a person who is a qualifying tenant for the purposes of Chapter 1 or 2 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993,
;
c
in paragraph 1 of Part 2 of the Schedule after the words “tenancy and” insert “, in a case to which paragraph 1A applies,”;
d
after that paragraph insert —
1A
This paragraph applies where —
a
the tenancy in question is a business tenancy; or
b
a flat forming part of the house is let to a person who is a qualifying tenant for the purposes of Chapter 1 or 2 of Part 1 of the Leasehold Reform, Housing and Urban Development Act 1993.
.
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
4th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Tax Credits (Provision of Information) (Functions Relating to Health) Regulations 2003 and shall come into force on 6th April 2003.
Interpretation
2
In these Regulations —
“child tax credit” shall be construed in accordance with section 8 of the Tax Credits Act 2002;
“disability element” means the disability element of working tax credit as specified in section 11(3) of the Tax Credits Act 2002;
“family” means —
in the case of a joint claim for a tax credit under the Tax Credits Act 2002, the married or unmarried couple by whom the claim is made and any child or qualifying young person for whom at least one of them is responsible, in accordance with regulation 3 of the Child Tax Credit Regulations 2002 ;
in the case of a single claim for a tax credit under the Tax Credits Act 2002, the claimant and any child or qualifying young person for whom he is responsible in accordance with regulation 3 of the Child Tax Credit Regulations 2002;
“qualifying family” means a family —
that has a relevant income of £14,200 or less, and
one member of which is receiving —
working tax credit and child tax credit, or
working tax credit which includes a disability element, or
child tax credit, not being eligible for working tax credit;
“qualifying young person” has the meaning given by regulation 2(1), read with regulation 5(3) and (4), of the Child Tax Credit Regulations 2002;
“relevant income” has the same meaning as in section 7(3) of the Tax Credits Act 2002;
“working tax credit” shall be construed in accordance with section 10 of the Tax Credits Act 2002.
Prescribed functions relating to health
3
The following functions are prescribed for the purposes of paragraph 9 of Schedule 5 to the Tax Credits Act 2002 (provision of information by the Board of Inland Revenue for health purposes) —
a
the issue by or on behalf of the Secretary of State, the National Assembly for Wales, the Scottish Ministers or the Department of Health, Social Services, and Public Safety in Northern Ireland of a certificate confirming that the family is a qualifying family;
b
verification by or on behalf of the Secretary of State, the National Assembly for Wales, the Scottish Ministers or that Department at any time that a family is a qualifying family at that time;
c
the issue on behalf of the Secretary of State or that Department of milk tokens and free vitamins to persons entitled to receive free of charge milk (including dried milk) or vitamins in accordance with the Welfare Food Regulations 1996 or the Welfare Food Regulations (Northern Ireland) 1988 ;
d
the making on behalf of the Secretary of State or that Department of payments to such persons in accordance with those Regulations;
e
the giving on behalf of the Secretary of State or that Department of information relating to milk tokens and related health matters to such persons in accordance with those Regulations.
Tim Flesher
Dave Hartnett
Two of the Commissioners of Inland Revenue
14th March 2003


text:
Citation and commencement
1
These Regulations may be cited as the M6 Toll (Speed Limit) Regulations 2003 and shall come into force on 25th September 2003.
Imposition of speed limit
2
1
No person shall drive any motor vehicle at a speed exceeding 50 miles per hour on any specified length of carriageway on the M6 Toll motorway.
2
In this regulation “specified length of carriageway” means —
a
the M6 Toll motorway northbound carriageway between marker post numbers MP 44/4 + 50 and MP 45/7+90; and
b
the M6 Toll motorway southbound carriageway between marker post numbers MP 30/6+05 and MP 29/0+70.
Signed by the authority of the Secretary of State for Transport
Kim Howells
Minister of State for Transport
Department for Transport
21st August 2003


text:
1
This Order may be cited as the Parliamentary Commissioner Order 2003 and shall come into force on 16th December 2003.
2
The Parliamentary Commissioner Act 1967 shall be amended as follows.
3
In Schedule 2: —
a
insert the following entries in the appropriate place in alphabetical order:
Adult Learning Inspectorate
Advisory Council on Historical Manuscripts
Advisory Council on National Records and Archives
Disabled Persons Transport Advisory Committee
Learning and Skills Council for England
The Office of Communications
The National Community Forum
The Northern Ireland Legal Services Commission
Resource: The Council for Museums, Archives and Libraries
Sector Skills Development Agency
UK Film Council
b
delete the following entries:
Advisory Board on Family Law
Agricultural Training Board
Apple and Pear Research Council
Arts Council of Great Britain
Central Council for Education and Training in Social Work
Civil Service Commission
Clinical Standards Advisory Group
Clothing and Allied Products Industry Training Board
Commissioner for Protection Against Unlawful Industrial Action
Commissioner for the Rights of Trade Union Members
Committee of Investigation for Great Britain
Consumer Panel
Consumers' Committee for Great Britain under the Agricultural Marketing Act 1958
Council for Small Industries in Rural Areas
Crafts Council
Department for National Savings
Development corporations for new towns
Docklands Light Railway
Food Advisory Committee
Further Education Funding Council for England
Hotel and Catering Industry Training Board
Local Government Commission for England
London Regional Passengers' Committee
Lord Chancellor’s Advisory Committee on Legal Education and Conduct
Museums and Galleries Commission
National Film and Television School
Occupational Pensions Board
Plastics Processing Industry Training Board
Road Transport Industry Training Board
Sports Council
Staff Commission for Wales (Comisiwn Staff Cymru)
Traffic Director for London
United Kingdom Register of Organic Food Standards
Yorkshire Region Electricity Consumers' Committee
c
for “The Simpler Trade Procedures Board” substitute “SITPRO Ltd”;
d
for “Engineering Industry Training Board” substitute “Engineering Construction Industry Training Board”;
e
for “Qualifications Curriculum Authority” substitute “Qualifications and Curriculum Authority”;
f
for “The Lord Chancellor’s Department” substitute “The Department for Constitutional Affairs”;
g
for “Parliamentary Boundary Commission for England” substitute “ Boundary Commission for England”;
h
for “Parliamentary Boundary Commission for Wales” substitute “Boundary Commission for Wales ”;
i
for “Parliamentary Boundary Commission for Scotland” substitute “Boundary Commission for Scotland”;
j
for “Stationery Office” substitute “Her Majesty’s Stationery Office”;
k
for “Welsh Office” substitute “Wales Office”;
l
insert as Note A2 “The reference to the Department for Constitutional Affairs includes the Lord Chancellor’s Department and the Public Trustee”;
m
delete Note 4; and
n
delete Note 8A.
4
In Schedule 4:
a
insert in the appropriate place in alphabetical order the following entries: —
Traffic Commissioners appointed under section 4 of the Public Passenger Vehicles Act 1981
Adjudicators appointed under article 7 (1) (b) of the Criminal Injuries Compensation (Northern Ireland) Order 2002
b
delete the following entries: —
Pensions Appeal Tribunal for Scotland constituted under section 6 of, and the Schedule to, the Pensions Appeal Tribunals Act 1943
Financial Services Tribunal constituted under section 96 of the Financial Services Act 1986
c
for “Special Educational Needs Tribunal constituted under section177 of the Education Act 1993” substitute “Special Educational Needs and Disability Tribunal”.
A. K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
This Order may be cited as the Road Traffic Act 1991 (Special Parking Areas) (England) Order 2003 and shall come into force on 16th April 2003.
Amendment of the Road Traffic Act 1991
2
1
In section 76(3) of the Road Traffic Act 1991 (provisions not having effect in relation to special parking areas in London), after paragraph (f) insert
;
section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in London demarcated by that sign as a stopping area for a bus
.
2
In paragraph 2(4) of Schedule 3 to that Act (provisions not having effect in relation to special parking areas outside London), after paragraph (e) insert
;
section 36(1) of the Act of 1988 (failure to comply with traffic signs), so far as it makes it an offence to fail to comply with an indication given by a traffic sign of a prohibition on causing a vehicle to stop on part of a road in England (but not in London) demarcated by that sign as a stopping area for a bus
.
Signed by authority of the Secretary of State for Transport
John Spellar
Minister of State,
Department for Transport
25th March 2003


text:
Citation, commencement and application
1
1
This Order may be cited as the Homelessness (Suitability of Accommodation) (England) Order 2003 and shall come into force on 1st April 2004.
2
This Order applies in relation to the duties of local housing authorities in England to make accommodation available for occupation by applicants under Part 7 of the Housing Act 1996.
Interpretation
2
In this Order —
“applicant with family commitments” means an applicant —
who is pregnant;
with whom a pregnant woman resides or might reasonably be expected to reside; or
with whom dependent children reside or might reasonably be expected to reside;
“B&B accommodation” means accommodation (whether or not breakfast is included) —
which is not separate and self-contained premises; and
in which any one of the following amenities is shared by more than one household —
a toilet;
personal washing facilities;
cooking facilities,
but does not include accommodation which is owned or managed by a local housing authority, a registered social landlord or a voluntary organisation as defined in section 180(3) of the Housing Act 1996; and
any reference to a numbered section is a reference to a section of the Housing Act 1996.
Accommodation unsuitable where there is a family commitment
3
Subject to the exceptions contained in article 4, B&B accommodation is not to be regarded as suitable for an applicant with family commitments where accommodation is made available for occupation —
a
under section 188(1), 190(2), 193(2) or 200(1); or
b
under section 195(2) , where the accommodation is other than that occupied by the applicant at the time of making his application.
Exceptions
4
1
Article 3 does not apply —
a
where no accommodation other than B&B accommodation is available for occupation by an applicant with family commitments; and
b
the applicant occupies B&B accommodation for a period, or a total of periods, which does not exceed 6 weeks.
2
In calculating the period, or total period, of an applicant’s occupation of B&B accommodation for the purposes of paragraph (1)(b), there shall be disregarded —
a
any period before 1st April 2004; and
b
where a local housing authority is subject to the duty under section 193 by virtue of section 200(4) , any period before that authority became subject to that duty.
Signed by authority of the First Secretary of State
Jeff Rooker
Minister of State,
Office of the Deputy Prime Minister
19th December 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Winchester and Eastleigh Healthcare National Health Service Trust (Transfer of Trust Property) Order 2003 and shall come into force on 1st April 2003.
2
In this Order —
“the old Trust” means the Winchester and Eastleigh Healthcare National Health Service Trust ;
“the new Trust” means the West Hampshire National Health Service Trust ;
“the trust property” means the property specified in the schedule of trust property prepared and agreed by the old Trust and the new Trust and signed on behalf of the old Trust on 17th July 2002 and on behalf of the new Trust on 8th and 21st August 2002.
Transfer of trust property
2
1
On 1st April 2003 the trust property, and any rights and liabilities arising from that property , shall be transferred from the old Trust to the new Trust.
2
In any trust instrument relating to the trust property, any reference to the name by which the trustees of the trust property are to be known shall be construed as a reference to the new Trust and any reference to the old Trust in the name by which the charitable trust governing the trust property is to be known shall be construed as a reference to the new Trust.
Signed by authority of the Secretary of State for Health
Hazel Blears
Parliamentary Under Secretary of State,
Department of Health
10th March 2003


text:
Citation
1
This Order may be cited as the Social Security Fraud Act 2001 (Commencement No. 6) Order 2003.
Appointed day
2
The day appointed for the coming into force of section 5 of the Social Security Fraud Act 2001 (exchange of information with overseas authorities) is 14 th February 2003.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
10 February 2003


text:
Citation and commencement
1
This Order may be cited as the Social Security Contributions and Benefits Act 1992 (Modification of Section 4A) Order 2003 and shall come into force on 8th August 2003.
Modification of the Social Security Contributions and Benefits Act 1992
2
Section 4A of Part 1 of the Social Security Contributions and Benefits Act 1992 is modified as follows.
3
In subsection (1)(a) for “for the purposes of a business carried on by another person” substitute “for another person”.
4
In consequence of the above modification omit the definition of “business” in subsection (6).
Nick Ainger
Derek Twigg
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2003
The Secretary of State concurs.
Signed on behalf of the Secretary of State.
Malcolm Wicks
Minister of State,
Department for Work and Pensions
17th July 2003


text:
1
This Order may be cited as the Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003 and shall come into force on 24th February 2003, or if this Order has not been made by 23rd February 2003, on the day after the day on which it is made.
2
1
Property which, apart from this Order, would be recoverable property and is —
a
prescribed in Part 1 of the Schedule to this Order; or
b
disposed of in pursuance of an enactment prescribed in Part 2 of the Schedule to this Order,
is not recoverable or (as the case may be) associated property.
2
But where particular circumstances are prescribed in Part 2 of the Schedule to this Order in relation to an enactment, paragraph (1)(b) applies only in those circumstances.
Filkin
Parliamentary Under-Secretary of State
Home Office
20th February 2003


text:
Citation, commencement and revocation
1
1
This Order may be cited as the Merchant Shipping (Categorisation of Registries of Relevant British Possessions) Order 2003 and shall come into force on 10th June 2003.
2
The Merchant Shipping (Categorisation of Registries of Overseas Territories) Order 1992 and the Merchant Shipping (Categorisation of Registries of Overseas Territories) (Gibraltar) Order 1996 are hereby revoked.
Interpretation
2
In this Order:
“passenger ship” means a ship carrying more than 12 passengers, and for the purposes of this definition a passenger is every person other than:
the master and the members of the crew or other persons employed or engaged in any capacity on board a ship on the business of that ship,
a child under one year of age, and
persons who are on board the ship by reason of force majeure or in consequence of the obligation laid upon the master to carry shipwrecked or other persons;
“pleasure vessel” means —
any vessel which is —
wholly owned by an individual or individuals and used only for the sport or pleasure of the owner or the immediate family or friends of the owner, or
owned by a body corporate and used only for sport or pleasure of employees or officers of the body corporate, or their immediate family or friends,
and is on a voyage or excursion which is one for which the owner is not paid for or in connection with operating the vessel or carrying any person, other than as a contribution to the direct expenses of the operation of the vessel incurred during the voyage or excursion, or
any vessel which is wholly owned by or on behalf of a members' club formed for the purpose of sport or pleasure which, at the time it is being used, is used only for the sport or pleasure of members of that club or their immediate family; and for the use of which any charges levied are paid into club funds and applied for the general use of the club;
and no payments other than those mentioned above are made by or on behalf of users of the vessel, other than by the owner, and in this definition, “immediate family” means, in relation to an individual, the husband or the wife of the individual, and a brother, sister, ancestor or lineal descendant of that individual or that individual’s husband or wife;
“tons” means gross tonnage and a reference to tons —
in relation to a ship having alternative gross tonnages under paragraph 13 of Schedule 5 to the Merchant Shipping (Tonnages) Regulations 1982 , permitted to be used pursuant to regulation 12(1) of the Merchant Shipping (Tonnages) Regulations 1997 , is a reference to the larger of those tonnages, and
in relation to a ship having its tonnage determined both under Part II and regulation 12(1) of those 1997 Regulations is a reference to its gross tonnage as determined under regulation 12(1).
Application
3
This Order applies to the registration in relevant British possessions of ships other than small ships or fishing vessels.
Establishment of categories of registry
4
1
For the purposes of section 18 of the Merchant Shipping Act 1995 (regulation of registration of ships in British possessions by reference to categories of registry) there are hereby established the categories of registry specified in column (2) of the table in the Schedule to this Order.
2
Each category of registry shall be known by the designation specified in relation to it in column (1) of that table.
3
Each relevant British possession specified in column (4) of that table is hereby assigned to the category specified in relation to that possession in column (2).
Restrictions on registration
5
1
Subject to regulation 6, a ship to which this Order applies, and which is subject to a restriction on registration specified in column (3) of the table in the Schedule, shall not be registered under the law of any possession assigned to category 2.
2
Paragraph (1) shall be without prejudice to the operation of any provision for the time being in force under the law of any such possession by virtue of which the registration of ships in that possession is, or may be, further restricted.
Exemptions from restrictions on registration
6
1
In relation to a relevant British possession assigned to category 2, a ship is exempted from the restrictions on registration in column (3) of the table in the Schedule, in the following circumstances.
2
The circumstances are that:
a
the ship is:
i
a passenger ship which is not intended for, and is not used on, international voyages,
ii
a pleasure vessel of less than 400 tons, or
iii
a ship of such importance in the special local circumstances that the Secretary of State, with the advice of the Governor or Lieutenant Governor, as the case may be, is satisfied that it would not be appropriate for that ship to be registered elsewhere than in the relevant British possession;
and
b
there are in force arrangements between the Secretary of State and the Governor or the Lieutenant Governor, as the case may be, that any ship to which sub-paragraph (a) applies will be surveyed and inspected to the standards of regulations, relating to the safety of ships and persons on them and to the protection of health of persons on them and to the prevention of pollution, that would apply to the ship if it were registered in the United Kingdom, to the extent set out in the arrangements.
3
For the purposes of this article, “international voyage” means a voyage from a port in a country or relevant British possession to a port outside that country or possession.
A. K. Galloway
Clerk of the Privy Council


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Medicines for Human Use (Marketing Authorisations Etc.) Amendment Regulations 2003 and shall come into force on 1st October 2003.
2
In these Regulations, “the principal Regulations ” means the Medicines for Human Use (Marketing Authorisations Etc.) Regulations 1994 .
Amendment of Schedule 5 to the principal Regulations
2
After paragraph 5(1)(g) of Schedule 5 to the principal Regulations (labels — relevant medicinal products on a general sale list), there shall be added the following head —
h
if the product contains aspirin or aloxiprin, the words “Do not give to children aged under 16 years, unless on the advice of a doctor.”.
Amendment of Schedule 5A to the principal Regulations
3
After paragraph 2 of Schedule 5A to the principal Regulations (leaflets), there shall be added the following paragraph —
3
Where in accordance with the relevant Community provisions a package leaflet is included in the packaging of a relevant medicinal product containing aspirin or aloxiprin, the leaflet shall display the words “There is a possible association between aspirin and Reye’s syndrome when given to children. Reye’s syndrome is a very rare disease, which can be fatal. For this reason aspirin should not be given to children aged under 16 years, unless on the advice of a doctor.”.
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State
Department of Health
20th June 2003