text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2004 and comes into force on 4th March 2004.
2
In this Order “the 2001 Order ” means the Financial Services and Markets Act 2000 (Consequential Amendments and Repeals) Order 2001 .
The Companies Act 1985 (c. 6)
Meaning of ‘offer of securities to the public’
2
1
The Companies Act 1985 is amended as follows.
2
In subsection (1)(b) of section 81 (restriction on public offers by private company), for “sections 58 to 60” substitute “sections 58 and 742A”.
3
In subsection (1) of section 742A (meaning of “offer to the public”) , for “or Part VII (accounts)” substitute “, Part 7 (accounts) or section 744 (general interpretation)”.
The Building Societies Act 1986 (c. 53)
Summary financial statement for members and depositors
3
In subsection (9)(b) of section 76 of the Building Societies Act 1986 (summary financial statement for members and depositors), for “subsection (8)(a)” substitute “subsection (8)”.
The Finance Act 1994 (c. 9)
Disclosure of information to the Authority
4
In Part 6 of Schedule 7 to the Finance Act 1994 (insurance premium tax), after paragraph 28A insert —
28B
1
Notwithstanding any obligation not to disclose information that would otherwise apply, the Commissioners may disclose information to the Financial Services Authority (“the Authority”) for the purpose of assisting the Authority in the performance of its functions.
2
Information that has been disclosed to the Authority pursuant to this paragraph shall not be disclosed by the Authority except for the purpose of any proceedings connected with the operation of any provision of, or made under, any enactment in relation to insurance or to tax.
.
The Pensions Act 1995 (c. 26)
Restriction on employer-related investments
5
1
Section 40 of the Pensions Act 1995 (restrictions on employer-related investments) has effect without the amendments made by article 141(3) of the 2001 Order, and instead section 40 is amended in accordance with paragraph (2).
2
After subsection (2) insert —
2A
In the definition of “employer-related investments” in subsection (2) “securities” means —
a
shares,
b
instruments creating or acknowledging indebtedness,
c
instruments giving entitlements to investments,
d
certificates representing securities.
2B
Subsection (2A) must be read with —
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order made under that section, and
c
Schedule 2 to that Act.
.
The Public Offers of Securities Regulations 1995 ( S.I. 1995/1537 )
Exemption for offers to qualifying persons
6
1
In sub-paragraph (o)(i) of regulation 7(2) of the Public Offers of Securities Regulations 1995 (exemptions) for “a member of the same group as the issuer” substitute “a body corporate connected with the issuer”.
2
In paragraph (13) of that regulation —
a
the definition of “group” is revoked, and
b
before the definition of “a relevant trustee” insert —
a body corporate is “connected with” another body corporate if —
they are in the same group, within the meaning of section 421 of the Act , or
one is entitled, either alone or with any other body corporate in the same group, to exercise or control the exercise of a majority of the voting rights attributable to the share capital which are exercisable in all circumstances at any general meeting of the other body corporate or its holding company; and
.
Meaning of “the UK authority”
7
In paragraph 1(b) of Schedule 4 to the Public Offers of Securities Regulations 1995 (mutual recognition of prospectuses and listing particulars), for “Part IV” substitute “Part 6”.
The Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090 )
Amendment of modifications to Part 7 of the Companies Act 1985
8
1
In the Limited Liability Partnerships Regulations 2001, Schedule 1 (modifications to provisions of Part 7 of the Companies Act 1985 applied by those Regulations) is amended as follows.
2
In the entry relating to section 247A of the Companies Act 1985 (“the Act”), for the modification to subsection (1) substitute —
For paragraph (a) of subsection (1) substitute the following —
a
the limited liability partnership is, or was at any time within the financial year to which the accounts relate, a person (other than a banking limited liability partnership) who has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on one or more regulated activities;”.
.
3
In the entry relating to section 249AA of the Act, for the modification to subsection (3) substitute —
For subsection (3) substitute the following —
3
Subsection (1) does not apply if at any time in the financial year in question the limited liability partnership was a person (other than a banking limited liability partnership) who has permission under Part 4 of the Financial Services and Markets Act 2000 to carry on one or more regulated activities.
.
.
4
In the entry relating to section 249B of the Act, for the modifications to subsection (1) substitute —
a
omit the words “or (2)” and paragraphs (a) and (bb), and
b
in paragraph (b), after “it was a person” insert “(other than a banking limited liability partnership)”.
.
5
In the entry relating to section 262 of the Act —
a
in paragraph (b) of the modification to subsection (1) —
i
for “definition” substitute “definitions”, and
ii
before the definition of “limited liability partnership” insert —
“banking limited liability partnership” means a limited liability partnership which has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits (but does not include such a partnership which has permission to accept deposits only for the purpose of carrying on another regulated activity in accordance with that permission);
; and
b
after the entry relating to subsection (2) insert —
subsection (3)
Insert the following subsection after subsection (3) —
3A
The definition of banking limited liability partnership in subsection (1) must be read with —
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
.
.
6
In the entry relating to section 262A of the Act, in paragraph (b) of the modifications to that section —
i
for “entry” substitute “entries”, and
ii
after “the appropriate place — ” insert —
“banking limited liability partnership” section 262
.
Amendment to modifications of remainder of provisions of the Companies Act 1985
9
1
In the Limited Liability Partnerships Regulations 2001, Schedule 2 (modifications to remainder of provisions of the Companies Act 1985 applied by those Regulations) is amended as follows.
2
In the entry relating to section 450 of the Companies Act 1985, for the modification to subsection (1) substitute —
Omit subsection (1A).
.
3
In the entry relating to section 460 of that Act, omit the modification of subsection (1) .
Amendment to modifications of provisions of the Insolvency Act 1986
10
1
In the Limited Liability Partnerships Regulations 2001, Schedule 3 (modifications to the Insolvency Act 1986) is amended as follows.
2
In the entry relating to section 8 —
a
the entry relating to subsection (1A) is revoked, and
b
after the entry relating to subsection (4), insert —
subsection (5) Omit subsection (5). subsection (6) Omit subsection (6).
3
In the entry relating to section 124A, for the modification to subsection (1) substitute —
Omit paragraphs (b) and (bb).
.
The Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (S.I. 2002/1555 )
Revocation of provision
11
Article 58 of the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (winding-up on petition of the Authority: partnerships) is revoked, and the amendment of paragraph (5C) of Article 143 of the Insolvency (Northern Ireland) Order 1989 by that article is treated as if it had not been made.
NORTHERN IRELAND LEGISLATION
The Companies (Northern Ireland) Order 1986 (S.I. 1986/1032 (N.I. 6) )
Meaning of “offer of securities to the public”
12
1
The Companies (Northern Ireland) Order 1986 is amended as follows.
2
In paragraph (1) of Article 10A (meaning of “offer to the public”) , before “Part V (alloment of shares and debentures)” insert “Article 2(3) (interpretation),”.
3
In paragraph (1)(b) of Article 91 (restriction on public offers by private company), for “Articles 68 to 70” substitute “Articles 68 and 10A”.
Provision for security of information obtained
13
1
Sub-paragraphs (c) and (d) of Article 442(1) of the Companies (Northern Ireland) Order 1986 (“the 1986 Order ”) have effect without the amendments made by article 62(2) of the 2001 Order, and instead sub-paragraph (c) is amended in accordance with paragraph (2).
2
In sub-paragraph (c), the words “section 94 or 177 of the Financial Services Act 1986” are repealed.
3
The amendment made to sub-paragraph (d) of Article 442(1) of the 1986 Order by article 62(5) of the 2001 Order is treated as if it had not been made.
4
In sub-paragraph (dd) of article 442(1) of the 1986 Order, for “the Insurance Companies Act 1982, or the Financial Services Act 1986,” substitute “or the Financial Services and Markets Act 2000,”.
5
The provisions substituted for sub-paragraphs (fa) to (i) of Article 442(1) of the 1986 Order by Article 62(6) of the 2001 Order are treated as if they had not been substituted for sub-paragraphs (fa) to (i), and instead are substituted for sub-paragraphs (fa) to (h) of Article 442(1) of the 1986 Order.
6
Paragraph (3)(b) of Article 442 of the 1986 Order has effect without the amendment made by Article 62(9) of the 2001 Order, and instead paragraph (3)(b) is amended in accordance with paragraph (7).
7
In paragraph (3)(b) of Article 442 of the 1986 Order, the words “or section 94 or 177 of the Financial Services Act 1986” are repealed.
The Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19) )
Limitation on power to make an administration order
14
1
The substitution of sub-paragraph (a) of Article 21(5) of the Insolvency (Northern Ireland) Order 1989 by article 57 of the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (limitation of power to make an administration order) is treated as if it had not been made, and instead that sub-paragraph is substituted in accordance with paragraph (2).
2
For sub-paragraph (a) substitute —
a
it effects or carries out contracts of insurance, but is not —
i
exempt from the general prohibition, within the meaning of section 19 of the Financial Services and Markets Act 2000, in relation to effecting or carrying out contracts of insurance, or
ii
an authorised deposit taker within the meaning given by paragraph (1B), and effecting or carrying out contracts of insurance in the course of a banking business;
.
Power to apply Parts 2 to 7 to formerly authorised banks
15
1
The amendments made to the cross-heading to Article 366 of the Insolvency (Northern Ireland) Order 1989 by article 59(2) of the Financial Services and Markets Act 2000 (Consequential Amendments) Order 2002 (power to apply Parts 2 to 7 to formerly authorised banks) is treated as if it had not been made, and instead that cross heading is amended in accordance with paragraph (2).
2
For the cross heading to that Article substitute “Formerly authorised banks”.
3
In paragraph (1) of that Article , for “any company” substitute “any person”.
The Banks (Administration Proceedings) Order (Northern Ireland) 1991 ( S.R. (NI) 1991/295 )
Application of Part III of the 1989 Order to former authorised institutions
16
In the Banks (Administration Proceedings) Order (Northern Ireland) 1991, for the cross heading to Article 3 (application of the 1989 Order with modifications to banks) substitute —
Application of the 1989 Order with modifications to former authorised institutions
.
The Insolvency Rules (Northern Ireland) 1991 ( S.R. 1991 No. 364 )
Interpretation of “deposit-taker”
17
1
The Insolvency Rules (Northern Ireland) 1991 are amended as follows.
2
In Rule 0.2 of those Rules (interpretation), insert the following in the appropriate places —
“authorised deposit-taker” means a person with permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, and this definition must be read with —
section 22 of the Financial Services and Markets Act 2000,
any relevant order under that section, and
Schedule 2 to that Act;
; and
“former authorised deposit-taker” means a person who —
is not an authorised deposit-taker,
was formerly an authorised institution under the Banking Act 1987 , or a recognised bank or a licensed institution under the Banking Act 1979 , and
continues to have liability in respect of any deposit for which it had a liability at a time when it was an authorised institution, recognised bank or licensed institution,
and in this definition references to a “deposit” must be read with section 22 of the Financial Services and Markets Act 2000, any relevant order made under that section, and Schedule 2 to that Act;
.
Authorised deposit-takers and former authorised deposit-takers
18
1
In rule 2.08 of those Rules (manner in which service to be effected), for paragraph (5)(a) substitute —
a
is an authorised deposit-taker or former authorised deposit-taker,
.
2
In rule 4.001 (voluntary winding up; winding up by the court), in paragraph (1)(b) for “authorised institutions or former authorised institutions within the meaning of the Banking Act 1987” substitute “authorised deposit-takers or former authorised deposit-takers”.
3
In rule 4.007 (presentation and filing of petition), in paragraph (4)(f) for “an authorised institution or former authorised institution within the meaning of the Banking Act 1987” substitute “an authorised deposit-taker or a former authorised deposit-taker”.
4
In rule 4.055 (first meetings (No CVL Application)), in paragraph (8) for “an authorised institution or former authorised institution within the meaning of the Banking Act 1987” substitute “an authorised deposit-taker or a former authorised deposit-taker”.
5
In rule 4.056 (first meeting of creditors (CVL)), in paragraph (3) for “an authorised institution or former authorised institution within the meaning of the Banking Act 1987” substitute “an authorised deposit-taker or a former authorised deposit-taker”.
6
In rule 4.078 (additional provisions as regards certain meetings), in paragraph (1) for “an authorised institution or former authorised institution within the meaning of the Banking Act 1987” substitute “an authorised deposit-taker or a former authorised deposit-taker”.
The Scheme Manager of the Financial Services Compensation Scheme
19
1
In rule 4.001 of those Rules (voluntary winding up; winding up by the court), in paragraph (1)(b), for “Deposit Protection Board” substitute “the scheme manager”.
2
In rule 4.078 (additional provisions as regards certain meetings) —
a
In paragraph (2) for “to the Deposit Protection Board” substitute “to the scheme manager established under section 212(1) of the Financial Services and Markets Act 2000”, and
b
in paragraphs (3), (4), (5), (6) and (7) for “the Board” substitute “the scheme manager”.
3
In Schedule 1 (Deposit Protection Board’s Voting Rights) for “Deposit Protection Board” or “Board” wherever occurring, substitute “scheme manager”.
Additional creditor members
20
In rule 4.160 of those Rules (membership of committee), for paragraph (7) substitute —
7
The following categories of person are to be regarded as additional creditor members —
a
a representative of the Financial Services Authority who exercises the right under section 371(4)(b) of the Financial Services and Markets Act 2000 to be a member of the committee;
b
a representative of the scheme manager who exercises the right under section 215(4) of that Act to be a member of the committee.
.
Debts not provable unless all other claims have been paid in full
21
In rule 12.03 of those Rules (provable debts), for sub-paragraphs (a) and (b) of paragraph (4) substitute —
a
in a winding up or a bankruptcy, any claim arising by virtue of section 382(1)(a) of the Financial Services and Markets Act 2000, not being a claim also arising by virtue of section 382(1)(b) of that Act;
.
The Insolvent Partnerships Order (Northern Ireland) 1995 ( S.R. 1995 No. 225 )
Supplementary powers of the court: winding up of insolvent partnerships
22
In paragraph (1) of Article 15 of the Insolvent Partnerships Order (Northern Ireland) 1995 (supplemental powers of the court), for the text of paragraph (5C) of Article 143 of the Insolvency (Northern Ireland) Order 1989 (as that Article is modified by paragraph (1)), substitute —
5C
Where the High Court makes an order for the winding up of an insolvent partnership under —
a
section 73(1)(a) of the Financial Services Act 1986 ;
b
section 92(3)(a) of the Banking Act 1987 ; or
c
section 367(3) of the Financial Services and Markets Act 2000,
the Court may make an order as to the future conduct of the winding up proceedings, and any such order may apply any provisions of the Insolvent Partnerships Order (Northern Ireland) 1995 with any necessary modifications.
.
Partnerships which are authorised persons: administration orders
23
1
In paragraph 2 of Schedule 2 to the Insolvent Partnerships Order (Northern Ireland) 1995 (modified provisions of Part III of the Order), in the text of Article 21(1)(a) of the Insolvency (Northern Ireland) Order 1989 (as modified by that paragraph) after “or 188” insert “or paragraph (1A)”.
2
In that paragraph, after the text of Article 21(1) of the Insolvency (Northern Ireland) Order 1989 (as modified by that paragraph) insert —
1A
An authorised deposit-taker which defaults on an obligation to pay any sum due and payable in respect of a relevant deposit is deemed to be unable to pay its debts.
1B
In paragraph (1A) —
a
“authorised deposit taker” means a person (being a partnership) who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, other than a person who has such permission only for the purpose of carrying on another regulated activity in accordance with that permission; and
b
“relevant deposit” must be read with —
i
section 22 of the Financial Services and Markets Act 2000,
ii
any relevant order under that section, and
iii
Schedule 2 to that Act,
but any restriction on the meaning of deposit which arises from the identity of the person making it is to be disregarded.
.
3
In that paragraph, for the text of Article 21(4) of the Insolvency (Northern Ireland) Order 1989 (as modified by that paragraph) substitute —
4
An administration order shall not be made in relation to a partnership after an order has been made for it to be wound up by the court as an unregistered company, nor after an order has been made in relation to it by virtue of Article 11 of the Insolvent Partnerships Order (Northern Ireland) 1995.
4A
An administration order shall not be made against a partnership if —
a
it has permission under Part 4 of the Financial Services and Markets Act 2000 to effect or carry out contracts of insurance in the United Kingdom;
b
it continues to have a liability in respect of a deposit which was held by it in accordance with the Banking Act 1979 or the Banking Act 1987, but is not an authorised deposit taker, within the meaning given by paragraph (1B).
4B
The definition of “authorised deposit taker” in paragraph (1B)(a) and paragraph (4A)(b) must be read with —
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
.
Authorised deposit takers and former authorised institutions: restriction on presentation of bankruptcy petition by partners
24
1
In paragraph 3 of Schedule 7 to the Insolvent Partnerships Order (Northern Ireland) 1995 (provisions of the Order which apply with modifications for the purposes of Article 11 where joint bankruptcy petition is presented by individual members without winding up partnership as unregistered company), in the text of Article 238(2) of the Insolvency (Northern Ireland) Order 1989 (as modified by that paragraph), for “which is an authorised institution or former authorised institution within the meaning of the Banking Act 1987” substitute —
if the partnership —
a
has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, other than such a permission only for the purpose of carrying on another regulated activity in accordance with that permission, or
b
continues to have a liability in respect of a deposit which was held by it in accordance with the Banking Act 1979 or the Banking Act 1987.
.
2
In that paragraph, in the text of Article 238 of the Insolvency (Northern Ireland) Order 1989 (as modified by that paragraph), after sub-paragraph (2) insert —
2A
Paragraph (2)(a) must be read with —
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order under that section, and
c
Schedule 2 to that Act.
.
Disqualification of a member of an insolvent partnership after investigation
25
In Schedule 8 to the Insolvent Partnerships Order (Northern Ireland) 1995 (provisions of Part II of the Companies (Northern Ireland) Order 1989 which apply with modifications for the purposes of Article 16), for the text of paragraphs (1) and (2) of Article 11 of the Companies (Northern Ireland) Order 1989 (as modified by that paragraph) substitute —
1
If it appears to the Department from —
a
a report made by an inspector or person appointed to conduct an investigation under a provision mentioned in paragraph (1A), or
b
information or documents obtained under a provision mentioned in paragraph (1B),
that it is expedient in the public interest that a disqualification order should be made against any person who is or has been an officer of an insolvent partnership, it may apply to the High Court for such an order to be made against that person.
2
The provisions are —
a
Article 430 of the Companies Order,
b
section 167, 168, 169(1)(b) or 284 of the Financial Services and Markets Act 2000, or
c
regulations made as a result of section 262(2)(k) of that Act.
2A
The provisions are —
a
Articles 440 or 441 of the Companies Order,
b
section 2 of the Criminal Justice Act 1987 ,
c
section 28 of the Criminal Law (Consolidation) (Scotland) Act 1995 ,
d
section 83 of the Companies Act 1989 , or
e
section 171 or 173 of the Financial Services and Markets Act 2000.
.
The Pensions (Northern Ireland) Order 1995 (S.I. 1995/3213 (N.I. 22) )
Restriction on employer-related investments
26
1
Article 40 of the Pensions (Northern Ireland) Order 1995 (employer-related investments) has effect without the amendments made by article 152(3) of the 2001 Order, and instead Article 40 is amended in accordance with paragraph (2).
2
After paragraph (2) insert —
2A
In the definition of “employer-related investments” in paragraph (2), “securities” means —
a
shares,
b
instruments creating or acknowledging indebtedness,
c
instruments giving entitlements to investments,
d
certificates representing securities.
2B
Paragraph (2A) must be read with —
a
section 22 of the Financial Services and Markets Act 2000,
b
any relevant order made under that section, and
c
Schedule 2 to that Act.
.
The Insolvency Regulations (Northern Ireland) 1996 (S.R. 1996 No.574)
Interpretation of the 1996 Regulations
27
In paragraph (1) of regulation 3 of the Insolvency Regulations (Northern Ireland) 1996 (interpretation and application), for the definition of “bank” substitute —
“bank” means —
a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits, or
an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act, which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits;
.
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
11th February 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement, extent and application
1
1
These Regulations may be cited as the Genetically Modified Organisms (Transboundary Movements) (England) Regulations 2004, shall come into force on 10th November 2004 and shall extend to England and Wales.
2
Subject to paragraph (3), these Regulations shall apply to England only.
3
Regulation 3(1) shall apply to the United Kingdom.
Interpretation
2
1
In these Regulations —
“the Council Regulation” means Regulation 1946/2003 of the European Parliament and of the Council on transboundary movements of genetically modified organisms;
“electronic communications” has the same meaning as in the Electronic Communications Act 2000 ;
“inspector” means a person appointed as such under regulation 5;
“local authority” means —
in any part of England where there is, within the meaning of the Local Government Changes for England Regulations 1994 , a unitary authority for that local government area, that authority;
where there is not a unitary authority —
in a metropolitan district, the council of that district;
in a non-metropolitan district, the council of that county; or
in each London borough, the council of that borough;
as respects the City of London, the Common Council; and
as respects the Isles of Scilly, the Council of the Isles of Scilly;
“the Secretary of State” means the Secretary of State for Environment, Food and Rural Affairs; and
“specified Community provision” means a provision of the Council Regulation specified in column 1 of the Schedule to these Regulations.
2
Expressions in these Regulations which are not defined in paragraph (1) above and which appear in or are referred to in the Council Regulation have the same meaning in these Regulations as they have for the purposes of the Council Regulation.
Focal Point and Competent Authority
3
1
The Secretary of State is designated as Focal Point for the purpose of the Council Regulation.
2
The Secretary of State is designated as Competent Authority for the purpose of the Council Regulation.
Enforcement
4
1
Except as provided in paragraph (2), the Secretary of State shall enforce and execute the provisions of these Regulations and the specified Community provisions.
2
The Secretary of State may direct, in relation to cases of a particular description or any particular case, that an enforcement duty imposed by this regulation shall be discharged —
a
by each local authority within its area, and not by the Secretary of State; or
b
by each local authority within its area, and by the Secretary of State acting jointly.
Appointment of inspectors
5
1
The Secretary of State, or in any case to which a direction of the Secretary of State under regulation 4(2) applies, the local authority, may appoint as inspectors such persons as the Secretary of State or the local authority respectively considers necessary for the purpose of enforcing these Regulations and the specified Community provisions.
2
Any appointment of an inspector under part VI of the Environmental Protection Act 1990 , having effect at the coming into force of these Regulations shall have effect as if it were an appointment of that inspector as an inspector for the purpose of these Regulations.
Rights of entry
6
1
An inspector may, on production, if so required, of his authority, exercise any of the powers specified in paragraph (3) below for the purposes of the enforcement and execution of these Regulations and the specified Community provisions.
2
For these purposes, those powers are exercisable in relation to any premises other than premises used wholly or mainly for domestic purposes.
3
The powers of an inspector are —
a
at any reasonable time —
i
to enter premises which he has reason to believe it is necessary for him to enter and to take with him any person duly authorised by the Secretary of State and, if the inspector has reasonable cause to apprehend any serious obstruction in the execution of his duty, a constable; and
ii
to take with him any equipment or materials required for any purpose for which the power of entry is being exercised;
b
to carry out such tests and inspections (and to make such recordings), as may in any circumstances be necessary;
c
to direct that any, or any part of, premises which he has power to enter, or anything in or on such premises, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any test or inspection;
d
to take samples of any organisms, articles or substances found in or on any premises which he has power to enter;
e
in the case of anything found on premises which he has power to enter which appears to be a genetically modified organism, or to consist of or include genetically modified organisms, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely —
i
to examine it;
ii
to ensure that it is not tampered with before his examination of it is completed; and
iii
to ensure that it is available for use as evidence in any proceedings for an offence under these Regulations;
f
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any test or inspection under this paragraph to answer (in the absence of persons other than a person nominated to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
g
to require the production of, or where the information is recorded in computerised form, the furnishing of extracts from, any records which are required to be kept for the purpose of complying with any specified Community provisions or it is necessary for him to see for the purposes of any test or inspection under this sub-paragraph and to inspect, and take copies of, or of any entry in, the records; and
h
to require any person to afford him such facilities and assistance with respect to any matters or things within that person’s control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this regulation.
4
Where under the power conferred by paragraph (3)(e) above an inspector takes possession of anything found on any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars sufficient to identify what he has seized and stating that he has taken possession of it under that power; and before taking possession under that power of —
a
any thing that forms part of a batch of similar things; or
b
any substance,
an inspector shall, if it is practical and safe for him to do so, take a sample of it and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.
Obtaining information from persons
7
1
For any purpose of the enforcement and execution of these Regulations and the specified Community provisions, the Secretary of State may, by notice in writing served on any person who appears to her —
a
to be involved in the exportation of genetically modified organisms; or
b
to be about to become, or to have been, involved in that activity,
require that person to furnish such relevant information available to him as is specified in the notice, in such form and within such period following service of the notice as is so specified.
2
For the purposes of this regulation “relevant information” means information concerning any aspects of the activities in question.
Offences
8
1
It shall be an offence for a person —
a
to contravene, or to fail to comply with, any specified Community provision;
b
to obstruct an inspector in the exercise of a power conferred by regulation 6;
c
without reasonable excuse to fail to comply with any requirement imposed under regulation 6;
d
without reasonable excuse to fail to comply with a request made under regulation 6(3)(g) or regulation 7;
e
knowingly or recklessly to make a statement or furnish any information that is false or misleading in a material particular where the statement is made or the information is furnished in purported compliance with —
i
any requirement imposed by a specified Community provision; or
ii
a request of an inspector made for a purpose in connection with the enforcement or execution of these Regulations; and
f
intentionally to make a false entry in any record required to be kept under a specified Community provision.
2
It shall be a defence for a person charged with an offence under regulation 8(1)(a) to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by himself or by a person under his control.
Offences due to fault of another person
9
Where the commission by any person of an offence under regulation 8 is due to the act or default of some other person, that other person shall be guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this paragraph whether or not proceedings are taken against the first-mentioned person.
Offences by bodies corporate
10
1
Where an offence under these Regulations committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
2
Where the affairs of a body corporate are managed by its members, the preceding paragraph shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Penalties
11
1
Any person who contravenes or fails to comply with any of the specified Community provisions in Part I of the Schedule to these Regulations shall be guilty of an offence and liable —
a
on summary conviction to a fine not exceeding the statutory maximum or to imprisonment for a term not exceeding three months, or to both;
b
on conviction on indictment to a fine or to imprisonment for a term not exceeding two years, or to both.
2
Any person who contravenes or fails to comply with any of the specified Community provisions in Part II of the Schedule to these Regulations shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
3
A person guilty of an offence under regulation 8(1)(b), (c), (d), (e) or (f) shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months, or to both.
Time limits
12
1
Proceedings for an offence under regulation 8 may, subject to paragraph (2) below, be commenced within the period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant proceedings comes to his knowledge.
2
No such proceedings shall be commenced by virtue of this regulation more than three years after the commission of the offence.
3
For the purpose of this regulation, a certificate signed by or on behalf of the prosecutor and stating the date on which evidence sufficient in his opinion to warrant the proceedings came to his knowledge shall be conclusive evidence of that fact.
4
A certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Service of notices
13
1
Any notice to be served under these Regulations shall be in writing.
2
Any such notice may be served on a person —
a
by delivering to that person, or by sending it by post to him at his usual or last known address;
b
in the case of an incorporated body, by delivering it to the secretary or clerk at the registered or principal office, or by sending it by post to him at that office;
c
in the case of a partnership (other than a limited liability partnership), by delivering it to a partner or person having the control or management of the partnership business, or by sending it by post to him at the registered or principal office of that partnership;
d
in the case of a limited liability partnership, by delivering it to a member of the limited liability partnership, or by sending it by post to him at the registered or principal office of that partnership;
e
in the case of any other person, by leaving it, or sending it by post to him, at his usual or last known address; or
f
where an address for service using electronic communications has been given by that person, sending it using electronic communications to that person at that address.
3
Where a notice is to be served on the occupier of any premises and it is not practicable after reasonable enquiry to ascertain the name and address of the person on whom it should be served, or the premises are unoccupied, the document may be served by addressing it to the person concerned by the description of “occupier” of the premises (naming them) and —
a
by delivering it to some person on the premises; or
b
if there is no person on the premises to whom it can be delivered, by affixing it, or a copy of it, to some conspicuous part of the premises.
4
Where a notice is served using electronic communications, the service is deemed to be effected by properly addressing and transmitting the electronic communication.
Elliot Morley
Minister of State,
Department for Environment, Food and Rural Affairs
17th October 2004


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 Commencement (No. 2) Order 2004.
2
Article 4(2) shall come into force immediately after the commencement of the provisions referred to in article 2(1) of the National Health Service (Primary Care) Act 1997 (Commencement No. 9) Order 2004 .
3
Articles 7 and 8 which make transitional provision shall come into force immediately after the commencement of the provisions referred to in articles 5 and 6.
4
In this Order —
“ the Act ” means the Health and Social Care (Community Health and Standards) Act 2003;
“the 1977 Act ” means the National Health Service Act 1977 ;
“the 1997 Act ” means the National Health Service (Primary Care) Act 1997 ; and
“the 2001 Act ” means the Health and Social Care Act 2001 .
5
This Order applies to England only.
Appointed days for provisions relating to primary medical services
2
1
3rd February 2004 is the appointed day for the coming into force of the following provisions of the Act —
a
section 179(1) as it relates to new section 28X(1) and (3) to (7) of the 1977 Act and section 179(2);
b
for the purposes of making regulations, paragraph 23 of Schedule 11 to the extent that it inserts section 45A(9) of the 1977 Act and section 184 and paragraph 7 of that Schedule in so far as they relate to that section; and
c
in Schedule 11, paragraph 38 and paragraph 39 in so far as it inserts the definition of “primary medical services” into section 128(1) of the 1977 Act and section 184 and paragraph 7 of that Schedule as they relate to those paragraphs.
2
1st March 2004 is the appointed day for the coming into force of —
a
section 174 in so far as it relates to new section 16CC(2) and (4) of the 1977 Act;
b
section 180 in so far as it relates to the new section 28Y of the 1977 Act in its application to primary medical services; and
c
paragraph 8 of Schedule 11 and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph.
3
1st April 2004 is the appointed day for the coming into force of section 174 in so far as it relates to new section 16CC(1) of the 1977 Act.
Appointed days for provisions relating to the general medical services contract
3
1
3rd February 2004 is the day appointed for the coming into force of the following provisions of the Act —
a
for the purposes of making regulations or directions, section 175(1) in so far as it relates to new sections 28S, 28U, 28V and 28W of the 1977 Act;
b
section 175(1) in so far as it relates to new sections 28R and 28T of the 1977 Act;
c
section 176; and
d
paragraph 39 of Schedule 11 in so far as it inserts the definition of “general medical services contract” into section 128(1) of the 1977 Act and section 184 and paragraph 7 of that Schedule in so far as they relate to that paragraph.
2
1st March 2004 is the day appointed for the coming into force of section 175(1) of the Act in so far as it is not in force.
3
1st April 2004 is the day appointed for the coming into force of section 175 in so far as it is not in force.
Appointed days in relation to section 28C arrangements
4
1
For the purposes of making regulations, 3rd February 2004 is the day appointed for the coming into force of section 177(1) and (2) of the Act in so far as it relates to section 28D(1)(bc) of the 1977 Act.
2
1st March 2004 is the day appointed for the coming into force of the following provisions of the Act as they relate to primary medical services or personal medical services only —
a
section 177(2) in so far as it is not in force and (3) to (11) and section 177(1) in so far as it relates to section 177(2) to (7);
b
paragraphs 14 to 17 of Schedule 11 and section 184 and paragraph 7 of that Schedule in so far as it relates to those paragraphs; and
c
the entries in Schedule 14 relating to sections 28C(3)(a) and (7), 28D(2), 28DA, 28E(2)(b) and the words following that paragraph, 28E(3)(f), (g) and (k) and (5) to (7) of the 1977 Act and section 196 in so far as it relates to those entries.
3
1st April 2004 is the day appointed for the coming into force of the following provisions of the Act as they relate to primary medical services or personal medical services only —
a
section 177(12) in so far as it provides for section 28F and 28H of the 1977 Act to cease to have effect, and
b
section 178.
Consequential amendments relating to primary medical services, general medical services and section 28C arrangements coming into force on 1st April 2004
5
1
1st April 2004 is the day appointed for the coming into force of the provisions of Schedule 11 to the Act referred to in paragraph (2) and section 184 in so far as it relates to those provisions and is so far as are not in force.
2
In Schedule 11 —
a
paragraph 1;
b
paragraph 2 in so far as it relates to the provisions commenced by sub-paragraphs (c) and (d) below;
c
paragraph 3(2)(a) and (3) to (5) and 3(1) in so far as it relates to that paragraph;
d
paragraphs 4 to 6;
e
paragraph 7 in so far as it relates to the provisions commenced by sub-paragraphs (f) to (q) below and in so far they are not in force;
f
paragraph 9;
g
paragraphs 12 and 13;
h
paragraph 20 in so far as it omits section 43D(10)(a) of the 1977 Act;
i
paragraph 21(3) in so far as it omits section 44(ZA1) and (A1) of the 1977 Act, (5) in so far as it omits section 44(3)(a) and (b) and paragraph 21(1) in so far as it relates to that paragraph;
j
paragraph 22(8)(b) and (9) and paragraph 22(1) in so far as it relates to that paragraph;
k
paragraph 23 in so far as it inserts new section 45A into the 1977 Act;
l
paragraph 24(a);
m
paragraphs 25 to 27;
n
paragraph 36(a);
o
paragraph 37;
p
paragraphs 42 to 44;
q
paragraph 45 in so far as it relates to paragraphs 1(2)(b), 2(2)(a), 4(2)(aa) and 5(2)(a) of Schedule 12A to the 1977 Act;
r
paragraph 46(2)(a) and (3)(a) and paragraph 46(1) in so far as it relates to that paragraph;
s
paragraphs 47 to 49;
t
paragraphs 51 and 52;
u
paragraph 55 and paragraph 53 in so far as it relates to that paragraph;
v
paragraphs 56 to 59;
w
paragraphs 62 and 63 and paragraph 60 in so far as it relates to that paragraph;
x
paragraphs 65 and 67(a);
y
paragraphs 70, 71 and 73 and paragraph 69 in so far as it relates to those paragraphs; and
z
paragraph 74.
Repeals relating to primary medical services, general medical services and section 28C arrangements
6
1
1st April 2004 is the day appointed for the coming into force of the repeals of the enactments mentioned in Schedule 14 to the Act referred to in paragraph (2) and section 196 in so far as it relates to those enactments.
2
In Schedule 14 to the Act the enactment or enactments specified below —
a
the National Health Service (Amendment) Act 1949 ;
b
the Health Services and Public Health Act 1968 ;
c
the Patents Act 1977 ;
d
in the 1977 Act, sections 3(3), 18A(3)(a), 26(2)(a) and (4)(a), 28F, 28H, 29 to 34A, 43ZA(3)(a), 43C(3), 43D(1) and (10)(a), 44(ZA1), (A1) and (3)(a) to (b), 45(3), 49F(1)(a), 52, 53, 56(a), 102(1)(a)(iii) and (2)(b), 126(4) and 128(1) in so far as it relates to the definitions of “medical list”, “personal medical services” and “terms of service”;
e
in the Health and Social Services and Social Security Adjudications Act 1983 , section 14(1) and Schedule 6, paragraph 2;
f
the Medical Act 1983 ;
g
the Copyright, Designs and Patents Act 1988 ;
h
in the Health and Medicines Act 1988 , sections 2(1)(a) and 8(1)(a) and section 17(1) in so far as it relates to section 29 of the 1977 Act;
i
in the National Health Service and Community Care Act 1990 , sections 18(7) and 23;
j
the Access to Health Records Act 1990 ;
k
the Trade Union and Labour Relations (Consolidation) Act 1992 ;
l
in the Health Service Commissioners Act 1993 , section 6(5);
m
in the Health Authorities Act 1995 , paragraphs 18 to 24 of Schedule 1;
n
the Medical (Professional Performance) Act 1995 ;
o
in the Employment Rights Act 1996 , section 43K(1)(c)(i);
p
in the 1997 Act, Part 1 in so far as it relates to personal medical services, sections 23(1), 25(1) and 32 and Schedule 1 and Schedule 2, paragraphs 6, 8 to 11, 71, 80 and 81;
q
in the Health Act 1999 , sections 9(2) and 11(2) in so far as it inserted section 44(A1) into the 1977 Act, Schedule 3, paragraph 11(3) and Schedule 4, paragraphs 2 and 17;
r
in the 2001 Act, sections 15, 17, 18, 20(2) and (3), 23(2) and 27(5)(b) and section 27(5)(a) in so far as it relates to personal medical services and Schedule 5, paragraph 11(3); and
s
in the National Health Service Reform and Health Care Professions Act 2002 , sections 5(2) and (6)(b) and Schedule 2, paragraphs 3 to 8 and 72, Schedule 3, paragraphs 5, 6 and 10 and Schedule 8, paragraph 2.
Transitional provisions applying until the coming into force of section 172(1) of the Act
7
1
Until the coming into force of section 172(1) of the Act in relation to general dental services contracts, the following transitional provisions shall apply.
2
In relation to the Health Services and Public Health Act 1968 —
a
section 59 (extension of power of user by Crown of patented invention to user for certain health services) shall be read as if —
i
in subsection (2), after the words “in the case of pharmaceutical services” there were inserted the words “and general dental services”,
ii
in subsection (2A), the following words were inserted at the end —
and in the case of personal dental services shall also be construed as a reference to personal dental services under section 28C of the 1977 Act
, and
iii
in subsection (2C) the words “and primary dental services” were omitted in both places where they occur; and
b
section 63(2) (provision of instruction of officers etc ) shall be read as if —
i
in paragraph (aa) the words “or primary dental service” were omitted, and
ii
the following paragraph were inserted after paragraph (ba) —
bb
the provision or performance of personal dental services in accordance with arrangements made under section 28C of the 1977 Act;
.
3
In relation to the Patents Act 1977, section 56(4)(a) (interpretation etc, of provisions about Crown use) shall be read as if —
a
after the words “in the case of pharmaceutical services” there were inserted the words “and general dental services”;
b
in sub-paragraph (ai) the words “or primary dental services” were omitted; and
c
the following sub-paragraph were inserted after sub-paragraph (iv) —
v
personal dental services provided in accordance with arrangements made under section 28C of the 1977 Act;
.
4
In relation to the 1977 Act —
a
in section 15(1)(a) (duty of Health Authority in relation to family health services) the reference to “primary dental services” shall be read as if it were a reference to “general dental services”;
b
section 18A(3) (provision of services etc) shall be read as if —
i
in paragraph (a) the words “general dental” were inserted before the words “general ophthalmic”,
ii
in paragraph (b) the words “or primary dental services” were omitted, and
iii
the following paragraph were inserted after paragraph (b) —
c
performing personal dental services under an agreement made under section 28C below,
;
c
section 26 (supply of goods and services by the Secretary of State) shall be read as if —
i
in subsections (2)(a) and (4)(a) the words “general dental services” were inserted before the words “general ophthalmic services”, and
ii
in subsections (2)(b) and (4)(b) the words “or a general dental services contract” were omitted;
d
section 28D shall be read as if —
i
in subsection (1) —
aa
in paragraph (bc)(i) the words “or general dental services contract” were omitted; and
bb
in paragraph (bc)(iii) there were inserted after the word “under”, “section 35 of this Act,”, and
ii
in subsection (2) in the definition of “ NHS employee” —
aa
the words “or general dental services contract” were omitted; and
bb
a new paragraph (cc) were inserted as follows —
cc
a dental practitioner whose name is included in a list prepared in accordance with regulations made under section 36(1)(a);
,
e
section 43(1) (persons authorised to provide pharmaceutical services) shall be read as if for the words “general medical services” there were substituted the words “primary medical services”;
f
section 43D(10) (supplementary lists) shall be read as if for the words “paragraphs (a) to (e), a supplementary list” there were substituted “paragraphs (b) to (e), a supplementary list, a list under section 28X,”;
g
section 44(5)(a) (recognition of local representative committees) shall be read as if the words “ medical practitioner or” were omitted;
h
section 45 (functions of local representative committees) shall be read as if —
i
in subsection (1)(b), for the words “section 44(A1)(c) or (B1)(c) above” there were substituted the words “section 44(B1)(c) above”,
ii
in subsection (1ZA)(b) —
aa
for the words “section 44(ZA1)(c) or (A2)(c) above” there were substituted the words “section 44(A2)(c) above”; and
bb
the words “personal medical or” were omitted,
iii
in subsection (1C) —
aa
for the words “an area under subsection (ZA1)(b) or (c) or (A1)(b) or (c), (A2)(b) or (c) or (B1)(b) or (c) or (B2)(b)(ii)” there were substituted the words “subsection (A2)(b) or (c) or (B1)(b) or (c) or (B2)(b)(ii)”; and
bb
paragraphs (za) to (b) were omitted,
iv
in subsection (3), the words “general dental services” were inserted before the words “general ophthalmic services”, and
v
in subsection (4), after the words “persons providing local pharmaceutical services” there were inserted the words “deputy dental practitioners or section 28C dental practitioners, as the case may be”;
i
section 49N(1) (national disqualification) shall be read as if the word “and” were inserted at the end of paragraph (b) and the following paragraph was inserted after that paragraph —
bb
all lists under section 28X above, or any list corresponding to such a list, and
;
j
section 52 (use of accommodation) shall be read as if the words “general dental services” were inserted before the words “general ophthalmic services”;
k
section 72(5)(d) (permission for use of facilities in private practice) shall be read as if the words “or primary dental services” and “or a general dental services contract” were omitted;
l
section 103(1)(a) (special arrangements as to payment of remuneration) shall be read as if the words “or primary dental services” were omitted;
m
section 128(1) (interpretation and construction) shall be read as if in the definition of “terms of service” the words “general dental services” were inserted before the words “general ophthalmic services”;
n
paragraph 1(5) of Schedule 8A (local pharmaceutical services schemes) shall be read as if for the words “personal medical services” there were substituted the words “primary medical services”; and
o
Schedule 9A (the Family Health Services Appeal Authority) shall be read as if —
i
in paragraph 6 there were inserted before paragraph (c) the following paragraph —
bb
dental practitioner providing general dental services, or performing personal dental services under section 28C arrangements;
, and
ii
in paragraph 10(aa) for the words “paragraph 6(c) or (d) above” there were substituted the words “paragraph 6(b), (c) or (d) above”.
5
In relation to section 1(6) of the Community Health Councils (Access to Information) Act 1988 (access to meetings and documents of Community Health Councils), paragraph (ab) shall be read as if the words “section 28K or” were omitted.
6
In relation to section 240(4) of the Copyright, Designs and Patent Act 1988 (Crown use of designs) —
a
paragraph (za) shall be read as if the words “or primary dental services” were omitted; and
b
paragraph (a)(i) shall be read as if after the words “in the case of pharmaceutical services” there were inserted the words “and general dental services”.
7
In relation to section 17 of the Health and Medicines Act 1988 (arrangements for the provision of general medical services etc), subsection (1) shall be read as if the number “35” were inserted before the number “38”.
8
In relation to Schedule 4A to the Water Industry Act 1999 (premises that are not to be disconnected for non-payment of charges), paragraph 7 shall be read as if the words “or primary dental services” were omitted.
9
In relation to the Trade Union and Labour (Consolidation) Act 1992, section 279 (health service practitioners) shall be read as if —
a
in subsection (1) the number “35” were inserted before the number “38”;
b
in subsection (2) —
i
the words “or primary dental services” were omitted, and
ii
for the words “section 28K or 28Q” there were substituted the words “section 28Q”; and
c
a new subsection (3) were added at the end as follows —
3
In this Act “worker” includes an individual regarded in his capacity as one who works or normally works or seeks to work as a person performing personal dental services in accordance with arrangements made by a Strategic Health Authority or Primary Care Trust under section 28C of the National Health Service Act 1977.
.
10
In relation to of the Health Service Commissioners Act 1993 —
a
section 2A(1) (health service providers subject to investigation) shall be read as if —
i
in paragraph (a), for the words “section 28K or 28Q” there were substituted the words “section 28Q”,
ii
in paragraph (c), as if for the words “primary dental services” there were substituted the words “personal dental services”,
iii
a new paragraph (e) were inserted after paragraph (d) as follows —
e
individuals undertaking to provide general dental services under Part 2 of the 1977 Act.
;
b
section 2A(2) shall be read as if —
i
in paragraph (a), for the words “section 28K or 28Q” there were substituted the words “section 28Q”,
ii
in paragraph (c), for the words “primary dental services” there were substituted the words “personal dental services”, and
iii
new paragraph (d) were inserted after paragraph (c) as follows —
d
individuals undertaking to provide general dental services under Part 2 of the 1977 Act.
; and
c
section 6(5) (general health services and service committees) shall be read as if the number “35” were inserted before the number “38”.
11
In relation to the Employment Rights Act 1996, section 43K(1) (extension of meaning of “maker” etc. ) shall be read as if —
a
in paragraph (ba), for the words “section 28K or 28Q” there were substituted the words “section 28Q”; and
b
in paragraph (c)(i), the number “35” were inserted before the number “38”.
12
In relation to the 2001 Act, Schedule 1 (exempt information relating to health services) shall be read as if —
a
in paragraph 11, before the word “services” in each place it appears, the words “personal dental” were inserted;
b
in paragraph 12, the words “personal medical services or” were omitted;
c
the following paragraph were inserted after paragraph 12 —
12A
Information relating to a particular person who —
a
is or was formerly providing primary medical services under a contract under section 28Q of the 1977 Act,
b
is or was formerly included in, or is an applicant for inclusion in, a list under section 28X of the 1977 Act.
; and
d
in paragraph 13, for “11, or 12” there were substituted “11, 12 or 12A”.
13
In relation to section 17 of the National Health Service Reform and Health Care Professions Act 2002 (additional functions of PCT Patients' Forums), subsection (1)(fa) shall be read as if the words “or primary dental services” were omitted.
Transitional provisions applying until the coming into force of section 178(1) of the Act
8
1
Until the coming into force of section 178(1) of the Act in relation to primary dental services, the following transitional provisions shall apply.
2
In relation to the 1977 Act, section 28I (use of accommodation) shall be read as if the words “personal dental services” were substituted for the words “primary dental services”.
3
In relation to the 1997 Act, section 1(2) (pilot schemes) shall be read as if for the words “personal medical services” there were substituted the words “primary medical services ”.
4
In relation to the Copyright, Designs and Patent Act 1988 , section 240(4) (Crown use of designs) shall be read as if a new paragraph (bb) were inserted after paragraph (b) as follows —
bb
personal dental services in accordance with arrangements made under section 28C of the 1977 Act
.
5
In relation to the 2001 Act, section 28(4) (pilot schemes) shall be read as if —
a
there were omitted the words “or primary dental services”; and
b
there were inserted at the end the words “or personal dental services under any provision of, or made under, the 1977 Act or the National Health Service (Primary Care) Act 1997”.
John Hutton
Minister of State,
Department of Health
2nd February 2004


text:
1
This Order may be cited as the Income Tax (Indexation) Order 2004.
2
Unless Parliament determines otherwise, the amount treated as specified by virtue of section 1(4) of the Income and Corporation Taxes Act 1988 for the year 2004-05 —
a
in section 1(2)(aa) of the Act (starting rate limit of charge to income tax) is £2,020;
b
in section 1(2)(b) of the Act (basic rate limit of charge to income tax) is £31,400.
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th March 2004


text:
Citation and commencement
1
This Order may be cited as the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) (No. 2) Order 2004 and shall come into force on 11 th August 2004.
Extent
2
This Order extends to Scotland only.
Amendment of the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995
3
In the National Health Service (Pharmaceutical Services) (Scotland) Regulations 1995 , in regulation 2 (interpretation and application), in paragraph (1) —
a
in the definition of “independent nurse prescriber”, in sub-paragraph (a), for “Nursing and Midwifery Register” substitute “nurses' and midwives' professional register”;
b
in the definition of “supplementary prescriber”, for sub-paragraph (a), substitute —
a
the nurses' and midwives' professional register;
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
19th July 2004


text:
1
This Order may be cited as the European Communities (Definition of Treaties) (Agreement on Enlargement of the European Economic Area) Order 2004. It shall come into force in respect of the treaty specified in the Schedule to this Order on the date on which the treaty enters into force for the United Kingdom. This date will be notified in the London, Edinburgh and Belfast Gazettes.
2
The treaty specified in the Schedule to this Order is to be regarded as a Community Treaty as defined in section 1(2) of the European Communities Act 1972.
A K Galloway
Clerk of the Privy Council
10th June 2004


text:
Citation
1
This Order may be cited as the Waste and Emissions Trading Act 2003 (Commencement No.1) Order 2004.
Commencement
2
Sections 2 and 39 of the Waste and Emissions Trading Act 2003 shall come into force on the day after the day on which this Order is made.
Elliot Morley
Minister of State
Department for Environment Food and Rural Affairs
19th April 2004


text:
Citation and commencement
1
These Regulations may be cited as the Road Vehicles (Registration and Licensing) (Amendment) (No. 5) Regulations 2004 and shall come into force on 15th January 2005.
Amendments
2
The Road Vehicles (Registration and Licensing) Regulations 2002 shall be further amended in accordance with the following regulations.
The Directive
3
1
In regulation 3(1), after the definition of “bicycle” there shall be added —
“the Directive” means Council Directive 1999/37/ EC of 29 April 1999 on the registration documents for vehicles as amended by Commission Directive 2003/127/EC of 23 December 2003 ;
.
2
In regulation 10A —
a
in paragraph (1), there shall be added at the beginning “Subject to paragraph (1A),”;
b
after paragraph (1), there shall be added —
1A
Paragraph (3A) applies to any vehicle registered under the 1994 Act or its predecessor legislation.
;
c
in paragraph (2), for “Council Directive 1999/37/EC on the registration documents for vehicles” there shall be substituted “the Directive”;
d
in paragraph (3), for “Council Directive 1999/37/EC on the registration documents for vehicles” there shall be substituted “the Directive”;
e
after paragraph (3), there shall be added —
3A
Notwithstanding any other provision of these Regulations, the Secretary of State may, without charge and on surrender by the registered keeper of a registration document issued before 31st January 2004, issue to the registered keeper a registration document which is in a form provided for by the Directive in respect of the same vehicle if it appears proper and reasonable to him to do so.
; and
f
in paragraph (4), for “Council Directive 1999/37/EC ” there shall be substituted “the Directive”.
3
In regulation 27A, for “Council Directive 1999/37/EC on the registration documents for vehicles” there shall be substituted “the Directive”.
Destruction or export of a vehicle
4
In regulation 17, the words “and, at the same time, surrender the registration document to him” shall be omitted.
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State
Department for Transport
9th December 2004


text:
Citation and interpretation
1
1
This Order may be cited as the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (Commencement No. 1) Order 2004.
2
In this Order, “the 1999 Act ” means the Immigration and Asylum Act 1999 and “the 2004 Act ” means the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
Commencement
2
The provisions of the 2004 Act specified in column 1 of the Schedule to this Order shall come into force on 1st October 2004, but where a particular purpose is specified in relation to any such provision in column 2 of that Schedule, the provision concerned shall come into force on that date only for that purpose.
Transitional provision
3
Notwithstanding their repeal by section 33 of the 2004 Act (removing asylum-seeker to safe country), sections 11 (removal of asylum claimant under standing arrangement with member States) and 12 (removal of asylum claimants in other circumstances) of the 1999 Act and sections 80 (removal of asylum-seeker to third country) and 93 (appeal from within the United Kingdom: “third country” removal) of the Nationality, Immigration and Asylum Act 2002 shall continue to have effect in relation to a person who is subject to a certificate under section 11(2) or section 12(2) or (5) of the 1999 Act which was issued by the Secretary of State before 1 st October 2004.
Des Browne
Minister of State
Home Office
22nd September 2004


text:
Citation and Commencement
1
These Regulations may be cited as the Tyne Metropolitan College (Government) Regulations 2004, and shall come into force on 1st January 2005.
Instrument and Articles of Government
2
It is hereby prescribed that the instrument of government and articles of government of the further education corporation to be established under the name of “Tyne Metropolitan College” shall be as set out in Schedules 1 and 2 to these Regulations respectively.
Kim Howells
Minister of State
Department for Education and Skills
25th November 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Independent Police Complaints Commission (Staff Conduct) Regulations 2004 and shall come into force on 1st April 2004.
2
In these Regulations, “the Commission” means the Independent Police Complaints Commission.
Conduct of the Commission’s staff
2
1
Where an allegation of misconduct is made against a member of the Commission’s staff and that allegation takes the form of a complaint to which paragraph (3) applies, the Commission shall take the steps set out in regulation 3.
2
Where any other allegation of misconduct is made against a member of the Commission’s staff or there is otherwise an indication that there may have been misconduct by a member of the Commission’s staff, the Commission shall take such action in relation to that allegation or indication as it thinks appropriate.
3
This paragraph applies to any complaint which —
a
either —
i
has been made by or on behalf of a member of the public or a person serving with the police who has been adversely directly affected by the conduct complained of; or
ii
has been made by a member of the Commission or a member of the Commission’s staff and in the view of the Commission should be recorded and dealt with as is mentioned in regulation 3;
b
concerns the conduct of a member of the Commission’s staff in his capacity as such; and
c
is in writing.
4
For the purposes of paragraph (3)(a)(i), a person is not directly affected by conduct by reason only of the fact that he witnessed it.
Action to be taken in relation to a recordable complaint
3
1
Where the Commission receives a complaint to which regulation 2(3) applies, it shall —
a
cause a record to be made of the complaint;
b
determine whether the complaint is a serious complaint; and
c
notify the complainant and the person complained about of the recording of the complaint and that determination.
2
Nothing in this regulation shall require the Commission to notify a person of any matter if it is of the opinion that to do so —
a
would prejudice the investigation of that complaint, or
b
would be contrary to the public interest.
3
For the purposes of paragraph (1)(b), a complaint is a serious complaint if it would, if proved, be likely to result in the person involved being dismissed or required to resign.
Complaints other than serious complaints
4
1
Subject to regulation 5(1), if the Commission determines that a complaint is not a serious complaint, it shall deal with it in accordance with its internal procedures.
2
For the avoidance of doubt, action taken under paragraph (1) can include the dismissal of any person or a requirement to resign.
Serious complaints
5
1
If the Commission determines that a complaint is a serious complaint, or if it determines that a complaint is not a serious complaint but it concerns the conduct of the Commission’s chief executive, it shall appoint a person (who may be a member of the Commission’s staff) to investigate the complaint.
2
The Commission may suspend any member of staff against whom a serious complaint has been made if it is of the opinion that it is necessary to do so —
a
for the efficient carrying out of the Commission’s functions, or
b
in the public interest.
3
A person appointed under paragraph (1) shall make a written report of the findings of the investigation and send it to the Commission.
4
The Commission shall determine whether to take any disciplinary or other action as a result of those findings and, if so, to proceed with such action to a proper conclusion.
5
Unless the Commission is of the opinion that it would be contrary to the public interest, the complainant shall be notified of the progress and findings of the investigation and of any disciplinary action taken as a result of those findings.
Dispensation from requirement to handle a complaint
6
1
If, in relation to a complaint about a member of its staff, the Commission is of the opinion that —
a
more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay;
b
the complaint concerns a matter which is already the subject of a complaint;
c
the complaint does not disclose the name and address of the complainant and it is not reasonably practicable to ascertain such a name or address;
d
the complaint is vexatious, oppressive or is otherwise an abuse of the procedures for dealing with complaints;
e
the complaint is repetitious; or
f
it is not reasonably practicable to complete a satisfactory investigation of the complaint;
then the Commission may dispense with the requirements of regulations 3(1)(b), 4 and 5 in relation to the complaint.
2
For the purposes of paragraph (1)(e) a complaint is repetitious if, and only if —
a
it is substantially the same as a previous complaint (whether made by or on behalf of the same or a different complainant);
b
it contains no fresh allegations which significantly affect the account of the conduct complained of;
c
no fresh evidence, being evidence which was not reasonably available at the time the previous complaint was made, is tendered in support of it; and
d
as respects the previous complaint, either —
i
the requirements of regulation 4 or 5 were complied with;
ii
the complainant withdrew the complaint; or
iii
the Commission dispensed with the requirement to handle the complaint.
3
For the purposes of paragraph (1)(f) it is not reasonably practicable to complete a satisfactory investigation of a complaint if, and only if,
a
it is not reasonably practicable to communicate with the complainant or a person acting on his behalf; or
b
it is not reasonably practicable to complete a satisfactory investigation in consequence of —
i
a refusal or failure, on the part of the complainant, to make a statement or afford other reasonable assistance for the purposes of the investigation; or
ii
the lapse of time since the event or events forming the subject matter of the complaint.
4
In this regulation any reference to action not being reasonably practicable shall include a reference to action which it does not appear reasonably practicable to take within a period which is reasonable in all the circumstances of the case.
5
Unless the Commission is of the opinion that it would be contrary to the public interest, it shall notify the complainant and the person complained about of any decision under paragraph (1) to dispense with any procedures in relation to a complaint.
Withdrawn complaints
7
If the Commission receives notification from a complainant that —
a
he withdraws the complaint, or
b
he does not wish any further steps to be taken in consequence of the complaint,
then it may dispense with the requirements of regulations 3(1)(b), 4 and 5 in relation to the complaint.
Postponement
8
Where a complaint about the conduct of a member of the Commission’s staff is made by a person who is himself under investigation by the Commission, then the Commission may postpone any action in relation to that complaint until the conclusion of the investigation.
Keeping of records
9
The Commission shall cause a record to be kept of —
a
any action taken in response to a complaint recorded under regulation 3(1)(a); and
b
any decision under regulation 6 or 7 to dispense with the requirements to handle a complaint.
Hazel Blears
Minister of State
Home Office
9th March 2004


text:
Citation, commencement and extent
1
1
This Order may be cited as the Housing (Right to Buy) (Priority of Charges) (England) Order 2004 and shall come into force on 30th April 2004.
2
This Order applies in England only.
Specified Body
2
First National Home Finance Limited (Company No. 592986) is hereby specified as an approved lending institution for the purposes of section 156 of the Housing Act 1985 (priority of charges).
Signed by authority of the First Secretary of State
Keith Hill
Minister of State,
Office of the Deputy Prime Minister
5th April 2004


text:
1
This Order may be cited as the Police Reform Act 2002 (Commencement No. 6) Order 2004.
2
Section 97(5) and (8) of the Police Reform Act 2002 shall come into force on 23rd February 2004 in England only.
Hazel Blears
Minister of State
Home Office
22nd January 2004


text:
Citation and commencement
1
These Regulations may be cited as the Liberia (Freezing of Funds and Economic Resources) (Amendment No.2) Regulations 2004 and shall come into force on 2nd October 2004.
Revocation
2
The Liberia (Freezing of Funds and Economic Resources) (Amendment) Regulations 2004 shall be revoked.
Amendment of the Liberia (Freezing of Funds and Economic Resources) Regulations 2004
3
For the definition of “the EC Regulation” in regulation 1(2) of the Liberia (Freezing of Funds and Economic Resources) Regulations 2004 , substitute —
“the EC Regulation” means Council Regulation (EC) No 872/2004 of 29 th April 2004 concerning the freezing of funds of former Liberian President Charles Taylor and certain persons and entities associated with him ,as amended by —
Commission Regulation (EC) No 1149/2004 of 22 June 2004 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia ,
Commission Regulation (EC) No 1478/2004 of 18 August 2004 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia , and
Commission Regulation (EC) No 1580/2004 of 8 September 2004 amending Council Regulation (EC) No 872/2004 concerning further restrictive measures in relation to Liberia .
.
Joan Ryan
John Heppell
Two Lords Commissioners of Her Majesty’s Treasury
30th September 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Social Security (Students and Income-related Benefits) Amendment Regulations 2004 and shall come into force —
a
for the purposes of this regulation, on 1st August 2004; and
b
for the purposes of regulations 2 to 7 —
i
in the case of a person whose period of study begins on or after 1st August 2004 but before 1st September 2004, on the day the period of study begins; and
ii
in any other case, on 1st September 2004.
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 ;
“the Income Support Regulations ” means the Income Support (General) Regulations 1987 ;
“the Jobseeker’s Allowance Regulations ” means the Jobseeker’s Allowance Regulations 1996 ;
“period of study” for the purposes of paragraph (1) has the same meaning as in regulation 61 of the Income Support Regulations.
Amendments in relation to the disregard of travel costs and the cost of books and equipment
2
1
In sub-paragraph (a) of each of the provisions specified in paragraph (3) for “£270” substitute “£275”.
2
In sub-paragraph (b) of each of the provisions specified in paragraph (3) for “£335” substitute “£343”.
3
The provisions specified for the purposes of paragraphs (1) and (2) (which relate respectively to sums to be disregarded from the calculation of grant income and from student loans) are —
a
regulations 42(3) and 47(5) of the Council Tax Benefit Regulations;
b
regulations 53(2A) and 57A(5) of the Housing Benefit Regulations;
c
regulations 62(2A) and 66A(5) of the Income Support Regulations;
d
regulations 131(3) and 136(5) of the Jobseeker’s Allowance Regulations.
Amendments in relation to the disregard of child care costs of a child dependant
3
1
After sub-paragraph (h) of each of the provisions specified in paragraph (2) add —
i
intended for the child care costs of a child dependant.
.
2
The provisions specified in this paragraph for the purposes of paragraph (1) are —
a
regulation 42(2) of the Council Tax Benefit Regulations;
b
regulation 53(2) of the Housing Benefit Regulations.
3
In regulation 62(2) of the Income Support Regulations —
a
in sub-paragraph (i) delete “or child care costs”;
b
after sub-paragraph (i) add —
j
intended for the child care costs of a child dependant.
.
4
In regulation 131(2) of the Jobseeker’s Allowance Regulations —
a
in sub-paragraph (h) delete “or child care costs”;
b
after sub-paragraph (h) add —
i
intended for the child care costs of a child dependant.
.
5
Omit sub-paragraphs (c), (cc) and (d) of each of the provisions specified in paragraph (6).
6
The provisions specified in this paragraph for the purposes of paragraph (5) are —
a
regulation 42(3A) of the Council Tax Benefit Regulations;
b
regulation 53(2B) of the Housing Benefit Regulations;
c
regulation 62(2B) of the Income Support Regulations;
d
regulation 131(3A) of the Jobseeker’s Allowance Regulations.
Amendment of the Council Tax Benefit Regulations and the Housing Benefit Regulations in relation to income and capital disregards
4
1
In each of the provisions specified in paragraph (2) in the definition of “grant” after “a payment from access funds” add “or any payment to which paragraph 10 of Schedule 4 or paragraph 60 of Schedule 5 applies”.
2
The provisions specified in this paragraph for the purposes of paragraph (1) (which relate to interpretation) are —
a
regulation 38 of the Council Tax Benefit Regulations;
b
regulation 46 of the Housing Benefit Regulations.
3
For paragraph 10 of —
a
Schedule 4 to the Council Tax Benefit Regulations (sums to be disregarded in the calculation of income other than earnings); and
b
Schedule 4 to the Housing Benefit Regulations (sums to be disregarded in the calculation of income other than earnings),
substitute —
10
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc );
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980 (power to assist persons to take advantage of educational facilities);
iii
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992 (provision of financial assistance to students); or
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); or
ii
regulations made under section 181 of that Act.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
.
4
For paragraph 60 of —
a
Schedule 5 to the Council Tax Benefit Regulations (capital to be disregarded); and
b
Schedule 5 to the Housing Benefit Regulations (capital to be disregarded),
substitute —
60
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
iii
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that Act.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
.
Amendment of the Income Support Regulations
5
1
In regulation 61(1) of the Income Support Regulations (students – interpretation) —
a
in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” substitute “a Scottish national qualification (higher or advanced higher)”;
b
in the definition of “grant” after “a payment from access funds” add “or any payment to which paragraph 11 of Schedule 9 or paragraph 63 of Schedule 10 applies”.
2
For paragraph 11 of Schedule 9 to the Income Support Regulations (sums to be disregarded in the calculation of income other than earnings) substitute —
11
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
iii
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that Act.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
.
3
For paragraph 63 of Schedule 10 to the Income Support Regulations (capital to be disregarded) substitute —
63
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
iii
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that Act.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
.
Amendment of the Jobseeker’s Allowance Regulations
6
1
In regulation 1(3) of the Jobseeker’s Allowance Regulations (interpretation) in the definition of “course of advanced education” for “a Scottish certificate of education (higher level) or a Scottish certificate of sixth year studies” substitute “a Scottish national qualification (higher or advanced higher)”.
2
In regulation 130 of the Jobseeker’s Allowance Regulations (students – interpretation) in the definition of “grant” after “a payment from access funds” add “or any payment to which paragraph 12 of Schedule 7 or paragraph 52 of Schedule 8 applies”.
3
For paragraph 12 of Schedule 7 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of income other than earnings) substitute —
12
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
iii
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that Act.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
.
4
For paragraph 52 of Schedule 8 to the Jobseeker’s Allowance Regulations (capital to be disregarded) substitute —
52
1
Any payment —
a
by way of an education maintenance allowance made pursuant to —
i
regulations made under section 518 of the Education Act 1996;
ii
regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980;
iii
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992; or
b
corresponding to such an education maintenance allowance, made pursuant to —
i
section 14 or section 181 of the Education Act 2002; or
ii
regulations made under section 181 of that Act.
2
Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to —
a
regulations made under section 518 of the Education Act 1996;
b
regulations made under section 49 of the Education (Scotland) Act 1980; or
c
directions made under sections 12(2)(c) and 21 of the Further and Higher Education (Scotland) Act 1992,
in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance made pursuant to any provision specified in sub-paragraph (1).
.
Amendment of the Housing Benefit Regulations in relation to payment of housing benefit to students
7
In regulation 50 of the Housing Benefit Regulations (eligible housing costs) —
a
in paragraph (1) for “paragraphs (2) and (3)” substitute “paragraphs (2) to (4)”;
b
in paragraph (2) for “Where” substitute “Subject to paragraph (4), where”;
c
after paragraph (3) add —
4
Housing benefit shall be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending where the student —
a
is one who falls within a category specified in regulation 48A(2); or
b
would fall within a category specified in regulation 48A(2)(aa) to (g) if he were a full-time student.
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd July 2004


text:
Citation, commencement, application and interpretation
1
1
These Regulations may be cited as the National Health Service (Appointment of Consultants) Amendment Regulations 2004 and shall come into force on 12th January 2005.
2
These Regulations apply to England only.
3
In these Regulations, “the principal Regulations ” means the National Health Service (Appointment of Consultants) Regulations 1996 .
Amendment of regulation 2 of the principal Regulations
2
1
Regulation 2 of the principal Regulations (interpretation) is amended as follows.
2
Before the definition of “application” insert the following definition —
“accredited as a consultant” means —
a person whose name is included in the register of specialists maintained by the General Medical Council pursuant to article 8 of the European Specialist Medical Qualifications Order 1995 (the specialist register); or
a person whose name is included in the register of specialists maintained by the General Medical Council pursuant to article 13 of the General and Specialist Medical Practice (Education, Training and Qualifications) Order 2003 (the specialist register) ,
where that person has either been appointed as a consultant by an Armed Services Consultant Appointment Board or appointed to a consultant post with an Authority.
.
3
In the definition of “Authority”, after “Primary Care Trust,” insert “an NHS trust ,”.
4
After the definition of “core members” insert the following definition —
“Defence Medical Services” means the medical services of the air force, army and navy of the United Kingdom, whose function is to provide primary and secondary healthcare to service personnel and entitled civilians;
.
5
In the definition of “lay member” delete “,NHS trust”.
6
In the definition of “relevant college”, after paragraph (e) insert “(ee) the Royal College of Paediatrics and Child Health,”.
7
For the definition of “relevant University” substitute the following —
“relevant University” means —
for an appointment to a Strategic Health Authority or Primary Care Trust, any University associated with the provision of health services to that Authority or Trust;
for an appointment to an NHS trust,
in the case where a University is specified in the Establishment Order for the NHS trust in question, that University; or
in all other cases, any University with a department which teaches the relevant specialty;
.
Amendment of regulation 5 of the principal Regulations
3
1
Regulation 5 of the principal Regulations (exempt appointments) is amended as follows.
2
In paragraph (1), sub-paragraph (d), delete “an NHS trust,”.
3
In paragraph (1), sub-paragraph (e)(ii) for “NHS trust” substitute “Authority”.
4
In paragraph (1), sub-paragraph (g) —
a
for “Public Health Laboratory Service Board” substitute “special health authority established by article 2 of the Health Protection Agency ( Yr Asiantaeth Diogelu Iechyd) (Establishment) Order 2003 or the Health Protection Agency established by the Health Protection Agency Act 2004 ”;
b
for “ or that Board” substitute “special health authority or Agency”.
5
After paragraph (1)(g) insert —
h
a person who has been accredited as a consultant and has been appointed to a consultant post in the Defence Medical Services, and whose appointment to the staff of an Authority will be to a post in which the duties and location of the post are substantially the same as the duties and location of the post previously held in the Defence Medical Services;
;
i
a person whose last employment by an Authority was in post as a consultant, the termination of which employment was by reason of retirement and who is appointed to a consultant post in the same Authority without any significant alteration in the duties of the post.
.
Amendment of regulation 6 of the principal Regulations
4
At the end of paragraph (1) of regulation 6 of the principal Regulations (advertisement of proposed appointment) insert “, and for these purposes only one of the publications may be solely in electronic form”.
Amendment of Schedule 1 to the principal Regulations
5
1
Schedule 1 to the principal Regulations (constitution of an advisory appointments committee), is amended as follows.
2
In paragraph 2, in sub-paragraph (b)(ia) delete “or”.
3
In paragraph 2, after sub-paragraph (b)(ia), insert the following —
ib
in the case of an NHS trust, a practitioner employed by the trust making the appointment, or
.
4
In paragraph 3, omit “substantial”.
5
At the end of paragraph 6 insert
and where they do so, the requirements of paragraph 2 apply with the following modifications —
a
the Authorities shall jointly select and appoint one member meeting the requirements of each of paragraphs 2(a) and (b);
b
where more than two Authorities act together as a single Authority, the Authorities shall each select and appoint at least one member meeting the requirements of each of paragraphs 2(c), (d) and (e);
c
where two Authorities act together as a single Authority, one of the Authorities shall select and appoint two members, and the other shall select and appoint one member, meeting the requirements respectively of each of paragraphs 2(c), (d) and (e).
.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
16th December 2004


text:
Citation and commencement
1
1
This Order may be cited as the City of Newcastle upon Tyne (Electoral Changes) Order 2004.
2
This Order, with the exception of articles 5, 6, 7 and 8, shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
3
Articles 5, 6, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parishes of Blakelaw and North Fenham, Brunswick, North Gosforth and Woolsington to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order —
“city” means the city of Newcastle upon Tyne;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Newcastle upon Tyne (Electoral Changes) Order 2004”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Newcastle upon Tyne City Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the city of Newcastle upon Tyne
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty-six wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Newcastle upon Tyne
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of North Gosforth
5
The existing wards of the parish of North Gosforth shall be abolished.
Wards of the parish of Woolsington
6
1
The existing wards of the parish of Woolsington shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Bedeburn, Callerton, Newbiggin Hall, and Woolsington and Bank Foot; and the wards shall comprise the areas designated on sheets 1 and 2 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Newbiggin Hall parish ward shall be six and for each of the Bedeburn, Callerton, and Woolsington and Bank Foot parish wards shall be two.
Numbers of parish councillors for the parish of Blakelaw and North Fenham
7
1
The number of parish councillors to be elected for the parish of Blakelaw and North Fenham shall be twelve.
2
The number of councillors to be elected for the Blakelaw parish ward shall be six and for each of the Cragston and North Fenham parish wards shall be three.
Numbers of parish councillors for the parish of Brunswick
8
The number of parish councillors to be elected for the parish of Brunswick shall be six.
Maps
9
Newcastle upon Tyne City Council shall make a print of the map marked “Map referred to in the City of Newcastle upon Tyne (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
10
The Electoral Registration Officer for the city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
11
The City of Newcastle upon Tyne (Electoral Arrangements) Order 1980 is revoked, save for article 8.
Sealed with the seal of the Electoral Commission on the 12th day of February 2004
Sam Younger
Chairman of the Commission
12th February 2004
Jacqui Dixon
Secretary to the Commission
12th February 2004