text:
Title, application and commencement
1
These Regulations may be cited as the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004, shall apply in relation to England only and shall come into force on 1st June 2004.
Amendments to the Feeding Stuffs Regulations 2000
2
1
The Feeding Stuffs Regulations 2000 shall be amended, in so far as they apply in relation to England, in accordance with paragraphs (2) to (5).
2
In Part V (trace elements) of Schedule 3 (permitted additives and provisions relating to their use), the entries relating to Iron-Fe, Cobalt-Co, Copper-Cu, Manganese-Mn and Zinc-Zn shall be omitted.
3
In Part IX (European Community Regulations by which additives are controlled) of Schedule 3 —
a
the following text shall be inserted immediately after the reference to Commission Regulation (EC) No. 877/2003 —
Commission Regulation (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group of trace elements (19) .
Commission Regulation (EC) No. 1801/2003 provisionally authorising the new use of a certain micro-organism in feedingstuffs (20) .
Commission Regulation (EC) No. 1847/2003 concerning the provisional authorisation of a new use of an additive and the permanent authorisation of an additive already authorised in feedingstuffs (21) .
Commission Regulation (EC) No. 2112/2003 correcting Regulation (EC) No. 1334/2003 amending the conditions for authorisation of a number of additives in feedingstuffs belonging to the group trace elements (22) .
Commission Regulation (EC) No. 2154/2003 provisionally authorising certain micro-organisms in feeding stuffs (23) .
Commission Regulation (EC) No. 277/2004 concerning the authorisation without time limit of an additive in feeding stuffs (3-phytase for turkeys for fattening) (24) .
Commission Regulation (EC) No. 278/2004 provisionally authorising a new use of an additive already authorised in feeding stuffs (preparation of endo-1, 4-beta-xylanase and subtilisin for laying hens) (25) .
Commission Regulation (EC) No. 490/2004 provisionally authorising the new use of an additive already authorised in feeding stuffs (saccharomyces cerevisiae) (26) .
.
b
the following text shall be inserted at the end —
19
OJ No. L187, 26.7.2003, p.11.
20
OJ No. L264, 15.10.2003, p.16.
21
OJ No. L269, 21.10.2003, p.3.
22
OJ No. L317, 2.12.2003, p.22.
23
OJ No. L324, 11.12.2003, p.11.
24
OJ No. L047, 18.2.2004, p.20.
25
OJ No. L047, 18.2.2004, p.22.
26
OJ No. L079, 17.3.2004, p.23.
.
4
For the entries relating to dioxin (sum of polychlorinated dibenzo-para-dioxins ( PCDDs ) and polychlorinated dibenzofurans ( PCDFs ) expressed in World Health Organisation ( WHO ) toxic equivalents, using the WHO-TEFs (toxic equivalency factors, 1997)) PCDD /F which are set out in columns 1 to 3 respectively of Part I (feeding stuffs) of Schedule 7 (prescribed limits for undesirable substances) there shall be substituted the entries set out in columns 1 to 3 respectively of Schedule 1 to these Regulations.
5
For the entries relating to analogues of methionine which are set out in columns 1 to 7 respectively of Schedule 8 (control of certain protein sources) there shall be substituted the entries set out in columns 1 to 7 respectively of Schedule 2 to these Regulations.
Consequential amendments to the Feeding Stuffs Regulations 2000
3
1
The Feeding Stuffs Regulations 2000 shall be amended, insofar as they apply in relation to England, in accordance with paragraphs (2) and (3).
2
For paragraph (1) of regulation 7 (limits of variation) there shall be substituted the following paragraph —
1
Section 74(2) shall have effect as if after the words “this Part of this Act” there were inserted the words “or the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004.
.
3
For paragraph (1) of regulation 25 (modification of section 74A(3) of the Agriculture Act 1970) there shall be substituted the following paragraph —
1
For the purposes of the enforcement and administration of the provisions specified in paragraph (2) below section 74A(3) shall have effect as if for the words “regulations under subsection (1) above, or fails to comply with any other provision of the regulations,” there were substituted the words “any provision specified in regulation 25(2) of the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004.
.
Consequential amendments to the Feeding Stuffs (Sampling and Analysis) Regulations 1999
4
The Feeding Stuffs (Sampling and Analysis) Regulations 1999 shall be amended in so far as they apply in relation to England in accordance with regulations 5 and 6.
5
In paragraph 3(e)(ii) of Part I of Schedule 2 (methods of analysis) after the words “Feeding Stuffs Regulations 2000” for the remainder of the paragraph there shall be substituted the words “as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004”.
6
For paragraph (11)(a) of Part II (notes for completion of certificate) of Schedule 3 (form of certificate of analysis) there shall be substituted the following paragraph —
a
whether or not the material was named in accordance with the requirements of the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004 and, if it was not named in accordance with those requirements, in what respect it was not;
.
Consequential amendments to the Feeding Stuffs (Enforcement) Regulations 1999
7
The Feeding Stuffs (Enforcement) Regulations 1999 shall be amended in so far as they apply in relation to England in accordance with regulations 8 to 11.
8
In regulation 7 (modification of the Agriculture Act 1970 for certain purposes) —
a
for paragraph (2) there shall be substituted the following paragraph —
2
The purpose referred to in paragraph (1) is the enforcement and administration of -
a
the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004 as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
; and
b
for paragraph (4) there shall be substituted the following paragraph —
4
The purpose referred to in paragraph (3) is the enforcement and administration of —
a
the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004, as read with Part IV of the Act; and
b
sections 73 and 73A of the Act.
.
9
In each of regulations 11, 11A and 11B for the expression “the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003” there shall be substituted the expression “, Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004”.
10
In the modified version of subsection (8) of section 67 of the Agriculture Act 1970 which is set out in regulation 9 for the expression “the Feeding Stuffs (Sampling and Analysis) (Amendment) (England) Regulations 2001, the Feeding Stuffs and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2001, the Feeding Stuffs (Amendment) Regulations 2002, the Feeding Stuffs (Amendment) Regulations 2003, the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2003 and the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) (No. 2) Regulations 2003” there shall be substituted the expression “, Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004”.
11
In regulation 10 (modification of section 76 of the Agriculture Act 1970) for the modified version of subsection (17) of section 76 of the Agriculture Act 1970 which is set out in that regulation there shall be substituted the following subsection —
17
In this section —
“compound feeding stuff” has the meaning given in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004;
“controlled product” means any feeding stuff, substance or product which is subject to any of the controls contained in the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004, as read with this Part of this Act, or in section 73 or 73A of this Act;
“feeding stuff which is intended for a particular nutritional purpose” shall be construed in accordance with the definitions of “feeding stuff intended for a particular nutritional purpose” and “particular nutritional purpose” in regulation 2(1) of the Feeding Stuffs Regulations 2000 as amended by Regulations up to and including the Feeding Stuffs, the Feeding Stuffs (Sampling and Analysis) and the Feeding Stuffs (Enforcement) (Amendment) (England) Regulations 2004;
“premises” include any land, vehicle, vessel, aircraft or hovercraft; and
“put into circulation” means sell or otherwise supply, or have in possession with a view to selling or otherwise supplying.
.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
6th May 2004


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
This Order may be cited as the Health and Social Care (Community Health and Standards) Act 2003 (Isles of Scilly) Order 2004 and shall come into force on 1st April 2004.
Application of the Health and Social Care (Community Health and Standards) Act 2003 to the Isles of Scilly
2
In its application to the Isles of Scilly, the Health and Social Care (Community Health and Standards) Act 2003 shall have effect with the modification that any reference to a local authority is to be construed as a reference to the Council of the Isles of Scilly.
Signed by authority of the Secretary of State
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
3rd March 2004


text:
1
This Order may be cited as the Criminal Justice and Police Act 2001 (Commencement No. 10) Order 2004.
2
The following provisions of the Criminal Justice and Police Act 2001 shall come into force on 1 st June 2004–
a
section 64 (meaning of “appropriate judicial authority”) to the extent not already in force; and
b
paragraphs 42 and 67 of Schedule 1 (powers of seizure).
3
Paragraph 35 of Schedule 1 of the Criminal Justice and Police Act 2001 shall come into force on 8 th October 2004.
Home Office
Hazel Blears
Minister of State
15th May 2004


text:
1
1
These Regulations may be cited as the British Nationality (General) (Amendment) Regulations 2004 and shall come into force on 28th July 2004.
2
Nothing in these Regulations shall affect any application for naturalisation as a British citizen made before the coming into force of these Regulations.
2
The British Nationality (General) Regulations 2003 shall be amended as follows.
3
After regulation 5, there is inserted:
Knowledge of language
5A
1
A person has sufficient knowledge of the English language for the purpose of an application for naturalisation as a British citizen under section 6 of the Act if —
a
he possesses a certificate showing that he has attained an ESOL skills for life Entry 3 qualification approved by the Qualifications and Curriculum Authority; or
b
the person designated by the Secretary of State under paragraph (2) below certifies in writing that he has a sufficient knowledge of the English language for this purpose.
2
The Secretary of State may designate a person to determine sufficiency of knowledge of the English language for the purpose of an application for naturalisation under section 6 of the Act where an applicant —
a
does not possess the certificate described in paragraph (1)(a) above; but
b
possesses a different qualification granted by an educational institution, whether in the United Kingdom or elsewhere, which the applicant claims to be equivalent to, or to exceed, the level of proficiency in the English language referred to as ESOL Entry 3 in the document published in 2001 by the Department for Education and Skills entitled “Adult ESOL core curriculum” ( ISBN 1-84185-640-1).
.
4
In Schedule 2, in paragraph 14(1)(b), for “and good character” substitute “, good character and knowledge of language”.
Des Browne
Minister of State
Home Office
7th July 2004


text:
Citation, commencement and application
1
1
This Order may be cited as the Local Elections (Communities) (Welsh Forms) Order 2004 and shall come into force on 4th May 2004.
2
This Order applies to local government elections in Wales only.
Interpretation
2
In this Order —
“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985;
“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002 ;
“principal area election” means an election conducted under the Local Elections (Principal Areas) Rules 1986 ;
“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004 ; and
“relevant election or referendum” means one or more of the following —
a Parliamentary election ;
a European Parliamentary election;
a principal area election;
a mayoral election; and
a referendum,
the poll at which is taken together with the poll at the community council election.
Welsh versions of prescribed forms
3
1
Each of the forms set out in Part 1 of the Schedule to this Order is hereby prescribed as the form in Welsh of the corresponding form of words set out in Schedule 3 to the Local Elections (Parishes and Communities) Rules 1986 or of the prescribed form set out in the Appendix to that Schedule, which may be used in the circumstances described in paragraph (2).
2
The circumstances referred to in paragraph (1) are where the poll at an election of a councillor to a community council in Wales is taken together with the poll at a relevant election or referendum.
Welsh and English versions of prescribed forms
4
Each of the forms set out in Part 2 of the Schedule to this Order is hereby prescribed as the form partly in Welsh and partly in English of the corresponding form set out in Schedule 3 to the Local Elections (Parishes and Communities) Rules 1986, which may be used where the poll at the election of a councillor to a community council in Wales is taken together with the poll at a relevant election or referendum.
Adaptation
5
The forms set out in the Schedule to this Order may be adapted so far as circumstances require.
Signed on behalf of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
29th April 2004


text:
Citation, commencement, application and interpretation
1
1
This Order may be cited as the National Health Service Trusts (Originating Capital) Order 2004 and shall come into force on 31 March 2004.
2
This Order applies to England.
Originating capital of NHS trusts
2
The originating capital of an NHS trust specified in column 1 of the Schedule shall be of the amount specified in the corresponding entry in column 2 of the Schedule.
John Reid
One of Her Majesty’s Principal Secretaries of State,
Department of Health
1st March 2004
We consent,
John Heppell
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 2004


text:
Citation and commencement
1
This Order may be cited as the Designation of Schools Having a Religious Character (Independent Schools) (England) Order 2004 and shall come into force on 20th January 2004.
Interpretation
2
In this Order “the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school or the school is conducted (or, as the case may be, each such religion or religious denomination).
Designation of Schools
3
The schools listed in column (1) of the Schedule are hereby designated as schools having a religious character.
4
The relevant religion or religious denomination in relation to a school listed in column (1) of the Schedule is stated opposite thereto in column (2).
Penny Jones
A Divisional Manager in the
Department for Education and Skills
14th January 2004


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Thalidomide Children’s Trust (Application of Section 329AA of the Income and Corporation Taxes Act 1988) Order 2004 and shall come into force on 5th August 2004.
2
In this Order “the Thalidomide Children’s Trust” means the Trust established by that name by a declaration of trust made on the 10th August 1973 by Sir Henry Gordon Willmer, Arthur Halsall Walton and Sir Donald Macleod Douglas.
Modified application of section 329AA of the Income and Corporation Taxes Act 1988
2
1
Section 329AA of the Income and Corporation Taxes Act 1988 (personal injury damages in the form of periodical payments) applies to periodical payments by the Thalidomide Children’s Trust as it applies to payments to which subsection (1) of that section applies, but subject to the following modifications.
2
In subsection (1) —
a
after “Where” insert “the Thalidomide Children’s Trust makes periodical payments to a beneficiary of that Trust”; and
b
omit paragraphs (a) and (b).
3
In subsection (2) —
a
for paragraph (a) substitute —
a
the person (“A”) entitled to the payments made by the Thalidomide Children’s Trust;
;
b
in paragraphs (b) and (c) for “whether in pursuance of the agreement or order or otherwise” substitute “whether under the terms of the Thalidomide Children’s Trust or otherwise”.
4
In subsection (3) omit “, if the agreement or order mentioned in that subsection or a subsequent agreement so provides,”.
5
For subsection (5) substitute —
5
In this section “the Thalidomide Children’s Trust” means the Trust established by that name by a declaration of trust made on the 10th August 1973 by Sir Henry Gordon Willmer, Arthur Halsall Walton and Sir Donald Macleod Douglas.
.
6
Omit subsections (6) to (8).
Nick Ainger
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
14th July 2004


text:
Citation, construction and commencement
1
1
This Order may be cited as the Cayman Islands (Constitution) (Amendment No. 2) Order 2004 and shall be construed as one with the Cayman Islands (Constitution) Order 1972 (hereinafter referred to as “the principal Order”).
2
The principal Order and this Order may be cited together as the Cayman Islands (Constitution) Orders 1972 to 2004.
3
In this Order, “the Constitution” means the Constitution set out in Schedule 2 to the principal Order.
4
This Order shall come into force on 26th October 2004.
Amendment of section 18 of the Constitution
2
Section 18 of the Constitution is amended by substituting for the final sentence of subsection (2) the following sentence–
In this subsection the words “other citizenship” do not include British citizenship acquired by virtue of the British Overseas Territories Act 2002.
.
Modification of section 47 of the Constitution
3
1
Notwithstanding section 47(2) of the Constitution, the Governor shall dissolve the present Assembly no later than 17th March 2005.
2
In this section “the present Assembly” means the Assembly as it is constituted on the date of commencement of this Order.
A.K. Galloway
Clerk of the Privy Council


text:
Citation and commencement
1
1
These Regulations may be cited as the Vegetable Seed (England) (Amendment) Regulations 2004, and shall come into force on 8th October 2004.
Amendment of the Vegetable Seed (England) Regulations 2002
2
1
The Vegetable Seed (England) Regulations 2002 shall be amended in accordance with the following provisions of this regulation.
2
In regulation 2(1) —
a
after the definition of “control plot” there shall be inserted the following definition —
“the Deliberate Release Directive” means Council Directive 2001/18/ EC on the deliberate release into the environment of genetically modified organisms, as last amended by Council Regulation (EC) No 1830/2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms;
;
b
for the definition of “ EEA State” there shall be substituted the following definition —
“EEA State” means –
a State which is a member of the Communities; and
Iceland, Liechtenstein and Norway;
;
c
after the definition of “entered seed lot” there shall be inserted the following definition —
“the Food and Feed Regulation” means Council Regulation (EC) No 1829/2003 on genetically modified food and feed;
;
d
for the definition of “genetically modified” there shall be substituted the following definition —
“genetically modified” has the same meaning as for the purposes of the Deliberate Release Directive;
; and
e
for the definition of “member State” there shall be substituted the following definition —
“member State” means, in addition to a State which is a member of the Communities, any other EEA State and Switzerland;
;
f
for the definition of the “Vegetable Seed Directive” there shall be substituted the following definition —
“the Vegetable Seed Directive” means Council Directive 2002/55/EC on the marketing of vegetable seed, as last amended by Commission Decision 2004/297/EC ;
.
3
In regulation 12 —
a
in paragraph (1)(a), after the words “being issued” there shall be inserted the words “or within such time as the Secretary of State may otherwise allow”; and
b
in paragraph (1)(b), after the words “is listed” there shall be inserted the words “or within such time as the Secretary of State may otherwise allow”.
4
In regulation 18, for paragraph (4) there shall be substituted the following paragraph —
4
The Secretary of State shall not grant a regulation 18 authorisation in respect of seed of a genetically modified variety unless an authorisation is in force in respect of the variety concerned under either —
a
Part C of the Deliberate Release Directive; or
b
the Food and Feed Regulation.
.
5
In regulation 19, for paragraph (4)(b) there shall be substituted the following paragraph —
b
in the case of seed of a genetically modified variety, an authorisation is in force in respect of the variety concerned under either —
i
Part C of the Deliberate Release Directive; or
ii
the Food and Feed Regulation.
.
6
In Schedule 1, in paragraph 21(3)(e), the words “or an equivalent third country” shall be deleted.
7
In Schedule 8, paragraphs 5, 11 and 16 shall be deleted.
8
In Schedule 10 —
a
after the entry for “curly kale” there shall be inserted the following entry —
Deliberate Release Directive Regulation 2(1)
; and
b
after the entry for “final seed test report” there shall be inserted the following entry —
Food and Feed Regulation Regulation 2(1)
.
Ben Bradshaw
Parliamentary Under Secretary of State
Department for Environment, Food and Rural Affairs
10th September 2004


text:
1
This Scheme may be cited as the M62 Motorway (Junction 21 Improvements and Connecting Road) Scheme 2004 and shall come into force on 31st December 2004.
2
In this Scheme —
1
all measurements of distance are measured along the route of the relevant highway;
2
i
“connecting road” means a special road about 675 metres in length, starting about 725 metres further west than the existing one, which connects the eastbound carriageway of the Motorway with a new roundabout junction. The special road is indicated as a thick black line on the plan;
ii
“the Motorway” means the M62 Motorway at Milnrow near Rochdale;
iii
“the plan” means the plan numbered HA/16/OD/26 titled “The M62 Motorway (Junction 21 Improvements and Connecting Road) Scheme 2004” signed by authority of the Secretary of State for Transport and deposited at the DTLR , Records Management Branch, Ashdown House, Sedlescombe Rd North, St Leonards-on-Sea, East Sussex TN37 7GA; and
iv
“the special road” means the connecting road.
3
The Secretary of State is authorised to provide the special road for the exclusive use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 to the Highways Act 1980.
4
The centre line of the special road is indicated by a heavy black line on the plan.
5
The special road shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport.
Arthur Ashburner
Director Operations Directorate North Highways Agency
30th December 2004


text:
Title, commencement and application
1
These Regulations may be cited as the Contaminants in Food (England) Regulations 2004, shall come into force on 20th December 2004 and shall apply in relation to England only.
Interpretation
2
1
In these Regulations —
“ the Act ” means the Food Safety Act 1990;
“authorised lettuce” means lettuce of the kind specified in point 1.3 or in point 1.4 of section 1 of Annex I to the Commission Regulation, which is grown in the United Kingdom in accordance with the proviso to Article 3.1 of that Regulation and is intended for human consumption there;
“authorised spinach” means spinach of the kind specified in point 1.1 of section 1 of Annex I to the Commission Regulation, which is grown in the United Kingdom in accordance with the proviso to Article 3.1 of that Regulation and is intended for human consumption there;
“the Commission Regulation” means Commission Regulation (EC) No. 466/2001 setting maximum levels for certain contaminants in foodstuffs as corrected by a corrigendum published on 30th November 2001 , and as amended by Council Regulation (EC) No. 2375/2001 , Commission Regulation (EC) No. 221/2002 , Commission Regulation (EC) No. 257/2002 , Commission Regulation (EC) No. 472/2002 as corrected by a corrigendum published on 23rd March 2002 , Commission Regulation (EC) No. 563/2002 as corrected by a corrigendum published on 14th June 2002 , Commission Regulation (EC) No. 1425/2003 , Commission Regulation (EC) No. 2174/2003 , Commission Regulation (EC) No. 242/2004 , Commission Regulation (EC) No. 455/2004 and Commission Regulation (EC) No.684/2004 ;
“Directive 85/591/ EEC ” means Council Directive 85/591/EEC concerning the introduction of Community methods of sampling and analysis for the monitoring of foodstuffs intended for human consumption ;
“Directive 93/99/EEC ” means Council Directive 93/99/EEC on the subject of additional measures concerning the official control of foodstuffs ;
“Directive 98/53/EC ” means Commission Directive 98/53/EC laying down the sampling methods and the methods of analysis for the official control of the levels for certain contaminants in foodstuffs as amended by Commission Directive 2002/27/EC , Commission Directive 2003/121/EC and Commission Directive 2004/43/EC ;
“Directive 2001/22/EC ” means Commission Directive 2001/22/EC laying down the sampling methods and the methods of analysis for the official control of the levels of lead, cadmium, mercury and 3–MCPD in foodstuffs as corrected by Commission Decision 2001/873/EC ;
“Directive 2002/26/EC ” means Commission Directive 2002/26/EC laying down the sampling methods and the methods of analysis for the official control of the levels of Ochratoxin A in foodstuffs and Commission Directive 2004/43/EC ;
“Directive 2002/69/EC ” means Commission Directive 2002/69/EC laying down the sampling methods and the methods of analysis for the official control of dioxins and the determination of dioxin–like PCBs in foodstuffs as corrected by a corrigendum published on 20th September 2002 and as amended by Commission Directive 2004/44/EC ;
“Directive 2003/78/EC ” means Commission Directive 2003/78/EC laying down the sampling methods and the methods of analysis for the official control of the levels of patulin in foodstuffs ;
“Directive 2004/16/EC ” means Commission Directive 2004/16/EC laying down the sampling methods and the methods of analysis for the official control of the levels of tin in canned foods ;
“ EEA State” means a member State, Norway, Iceland or Liechtenstein;
“food authority” includes neither the appropriate Treasurer referred to in section 5(1)(c) of the Act (which deals with the Inner Temple and the Middle Temple) nor a port health authority;
“port health authority” means —
in relation to the London port health district (within the meaning given to that phrase for the purposes of the Public Health (Control of Disease) Act 1984 by section 7(1) of that Act), the Common Council of the City of London; and
in relation to any port health district constituted by order under section 2(3) of the Public Health (Control of Disease) Act 1984, a port health authority for that district constituted by order under section 2(4) of that Act; and
“Regulation 178/2002” means Regulation (EC) No. 178/2002 of the European Parliament and of the Council laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety as last amended by Regulation (EC) No. 1642/2003 of the European Parliament and of the Council amending Regulation (EC) No. 178/2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety.
2
Other expressions used in these Regulations and in the Commission Regulation have the same meaning as in the Commission Regulation.
Offences and penalties
3
Subject to regulations 6, 10 and 11, a person shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale if —
a
before 1st January 2005 —
i
he places on the market any food (other than authorised spinach or authorised lettuce) which is covered by, but fails to meet the requirements of, Article 1.1, 2.1, 2.2 or 4.1 of the Commission Regulation, as read with Articles 1.2 and 4.3 of that Regulation, or
ii
he contravenes Article 2.3, 4.2 or 4a of the Commission Regulation;
b
on or after 1st January 2005 —
i
he places on the market any food (other than authorised spinach) which is covered by, but fails to meet the requirements of, Article 1.1, 2.1, 2.2 or 4.1 of the Commission Regulation, as read with Articles 1.2 and 4.3 of that Regulation, or
ii
he contravenes Article 2.3, 4.2 or 4a of the Commission Regulation; or
c
he knowingly contravenes or fails to comply with the requirements of a notice given under section 9(2)(a) of the Act as applied for the purposes of these Regulations by regulation 7(2).
Enforcement
4
1
Subject to paragraph (2), it shall be the duty of each port health authority to execute and enforce these Regulations within its district.
2
In relation to any place which is not situated in the district of a port health authority, these Regulations shall be executed and enforced by the food authority for the area in which that place is situated.
Modification of section 29 of the Food Safety Act 1990 (procurement of samples) and analysis of samples
5
1
In its application to the taking of a sample of any food specified in Sections 1 to 6 of Annex I to the Commission Regulation, section 29 of the Act shall be modified so as to require the power to take samples under subsection (b) and (d) of that section to be exercised in accordance with the methods of taking samples described or referred to —
a
(subject to the requirement specified in column 3 of Section 1 of Annex I to the Commission Regulation ), in the Annex to Commission Directive 2002/63/EC establishing Community methods of sampling for the official control of pesticide residues in and on products of plant and animal origin and repealing Directive 79/700/EC , where the food concerned is of a description specified in Section 1 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
b
in Annex I to Directive 98/53/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
c
in Annex I to Directive 2001/22/EC , where the food concerned is of a description specified in Section 3 or 4 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
d
in Annex I to Directive 2002/26/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
e
in Annex I to Directive 2002/69/EC , where the food concerned is of a description specified in Section 5 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation;
f
in Annex I to Directive 2003/78/EC , where the food concerned is of a description specified in Section 2 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation; and
g
in Annex I to Directive 2004/16/EC , where the food concerned is of a description specified in Section 6 of Annex I to the Commission Regulation to the sampling of which that Directive applies pursuant to Article 1.3 of that Regulation.
2
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (b) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with —
i
paragraphs 1.1, 2 and 3 of Annex II to Directive 98/53/EC , and
ii
in the case of whole nuts, paragraph 1.2 of that Annex;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
so far as practicable comply with paragraphs 1 and 2 of the Annex to Directive 85/591/EEC , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 98/53/EC as read with the notes to that paragraph;
c
any analysis of the sample is carried out by a laboratory which complies with Directive 93/99/EEC ; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 98/53/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
3
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (c) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 and 2 of Annex II to Directive 2001/22/EC as read, in the case of paragraph 2, with the note to that paragraph;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
so far as practicable comply with paragraphs 1 and 2 of the Annex to Directive 85/591/EEC ,
ii
in the case of analysis for lead (other than in wine), mercury or cadmium, meet the criteria specified in paragraph 3.3.1 of Annex II to Directive 2001/22/EC ,
iii
in the case of analysis for lead in wine, comply with the second sub–paragraph of paragraph 3.2 of that Annex, and
iv
in the case of analysis for 3–MCPD, meet the criteria specified in paragraph 3.3.2 of that Annex as read with the note to that paragraph;
c
any analysis of the sample is carried out by a laboratory which complies with Directive 93/99/EEC ;
d
any analysis of the sample is carried out in such a way as to comply with the first and second sub–paragraphs of paragraph 3.4 of Annex II to Directive 2001/22/EC as read in the case of the second sub–paragraph with the note to that sub–paragraph; and
e
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 3.1 of Annex II to Directive 2001/22/EC as read with the note to that paragraph, and
ii
is in accordance with the third sub–paragraph of paragraph 3.4 and with paragraph 3.6 of that Annex.
4
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (d) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 to 3 of Annex II to Directive 2002/26/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
comply with paragraphs 1 and 2 of the Annex to Directive 85/591/EEC , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 2002/26/EC as read with the notes to that paragraph;
c
any analysis of the sample is carried out by a laboratory which complies with Directive 93/99/EEC ; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2002/26/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
5
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (e) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraph 3 of Annex II to Directive 2002/69/EC , as read with paragraphs 1 and 2 of that Annex;
b
any analysis of the sample is carried out —
i
in accordance with methods of analysis which meet the criteria specified in paragraphs 5, 6 and 7 of Annex II to Directive 2002/69/EC , as read with paragraphs 1 and 2 of that Annex, and
ii
by a laboratory which complies with the requirements of paragraph 4 of Annex II to Directive 2002/69/EC ; and
c
the reporting of the results of the analysis of that sample is in accordance with paragraph 8 of Annex II to Directive 2002/69/EC .
6
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (f) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1 to 3 of Annex II to Directive 2003/78/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
comply with paragraphs 1 and 2 of the Annex to Directive 85/591/EEC , and
ii
meet the criteria specified in paragraph 4.3 of Annex II to Directive 2003/78/EC as read with the notes to that paragraph;
c
any analysis of the sample is carried out by a laboratory which complies with Directive 93/99/EEC ; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2003/78 /EC, and
ii
is in accordance with paragraph 4.4 of that Annex.
7
Where, pursuant to section 29(b) or (d) of the Act as modified by paragraph (1), an authorised officer has taken a sample of food of the description referred to in sub–paragraph (g) of that paragraph, and he has submitted that sample to be analysed pursuant to section 30(1)(a) of the Act the person who analyses the sample shall ensure that —
a
the sample is prepared in accordance with paragraphs 1, 2 and 3, and that section of paragraph 4.6 headed “Sample preparation”, of Annex II to Directive 2004/16/EC ;
b
any analysis of the sample is carried out in accordance with methods of analysis which —
i
comply with paragraphs 1 and 2 of the Annex to Directive 85/891/EEC , and
ii
meet the criteria specified in paragraphs 4.3 and 4.3.1 of Annex II to Directive 2004/16/EC ;
c
any analysis of the sample is carried out by a laboratory which complies with Directive 93/99/EEC and that section of paragraph 4.6 of Annex II to Directive 2004/16/EC headed “Internal Quality control”; and
d
the reporting of the results of the analysis of that sample —
i
makes use of the definitions in paragraph 4.1 of Annex II to Directive 2004/16/EC , and
ii
is in accordance with paragraph 4.4 of that Annex.
Defence in relation to exports
6
In any proceedings for an offence consisting of a contravention of regulation 3 it shall be a defence for the accused to prove that the food in respect of which the offence is alleged to have been committed was intended for export to a country other than a member State which has legislation analogous to these Regulations, and that the food complies with that legislation.
Application of various sections of the Food Safety Act 1990
7
1
The following provisions of the Act shall apply for the purposes of these Regulations with the modification that any reference in those provisions to the Act or Part thereof shall be construed as a reference to these Regulations —
a
section 3 (presumptions that food intended for human consumption);
b
section 20 (offences due to fault of another person);
c
section 21 (defence of due diligence), as it applies for the purposes of section 8, 14 or 15;
d
section 30(8) (which relates to documentary evidence);
e
section 33(1) (obstruction etc. of officers);
f
section 33(2), with the modification that the reference to “any such requirement as is mentioned in subsection (1)(b) above” shall be deemed to be a reference to any such requirement as is mentioned in section 33(1)(b) as applied by sub–paragraph (e);
g
section 35(1) (punishment of offences), in so far as it relates to offences under section 33(1) as applied by sub–paragraph (e);
h
section 35(2) and (3), insofar as it relates to offences under section 33(2) as applied by sub–paragraph (f);
i
section 36 (offences by bodies corporate); and
j
section 44 (protection of officers acting in good faith).
2
Subject to paragraph (3), section 9 of the Act (inspection and seizure of suspected food) shall apply for the purposes of these Regulations as if it read as follows —
9
1
An authorised officer of a food authority or a port health authority may at all reasonable times inspect any food intended for human consumption which —
a
has been placed on the market; or
b
is in the possession of, or has been deposited with or consigned to, any person for the purpose of placing it on the market,
and subsections (2) to (7) below shall apply where, on such an inspection, it appears to the authorised officer that the placing on the market of any food contravenes regulation 3(a)(i) or (b)(i) of the Contaminants in Food (England) Regulations 2004.
2
The authorised officer may either —
a
give notice to the person in charge of the food that, until the notice is withdrawn, the food or any specified portion of it —
i
is not to be used for human consumption, and
ii
either is not to be removed or is to be removed to a place at which there are facilities to carry out the sampling required by Directive 98/53/EC , Directive 2001/22/EC , Directive 2002/26/EC , Directive 2002/69/EC , Directive 2003/78/EC and Directive 2004/16/EC , as appropriate; or
b
seize the food and remove it in order to have it dealt with by a justice of the peace.
3
Where the authorised officer exercises the power conferred by subsection (2)(a) above, he shall, as soon as is reasonably practicable and in any event within 21 days, determine whether or not he is satisfied that the food complies with the requirements of regulation 3(a)(i) or (b)(i) of the above Regulations, as appropriate and —
a
if he is so satisfied, shall forthwith withdraw the notice;
b
if he is not so satisfied, shall seize the food and remove it in order to have it dealt with by a justice of the peace.
4
Where an authorised officer exercises the powers conferred by subsection (2)(b) or (3)(b) above, he shall inform the person in charge of the food of his intention to have it dealt with by a justice of the peace and —
a
any person who under regulation 3(a)(i) or (b)(i) of the above Regulations might be liable to a prosecution in respect of the food shall, if he attends before the justice of the peace by whom the food falls to be dealt with, be entitled to be heard and to call witnesses; and
b
that justice of the peace may, but need not, be a member of the court before which any person is proceeded against for an offence consisting of a contravention of regulation 3(a)(i) or (b)(i) of the above Regulations in relation to that food.
5
If it appears to a justice of the peace, on the basis of such evidence as he considers appropriate in the circumstances, that any food falling to be dealt with by him under this section fails to comply with the requirements of regulation 3(a)(i) or (b)(i) of the above Regulations he shall condemn the food and order —
a
the food to be destroyed or to be so disposed of as to prevent it from being used for human consumption; and
b
any expenses reasonably incurred in connection with the destruction or disposal to be defrayed by the owner of the food.
6
If a notice under subsection (2)(a) above is withdrawn, or the justice of the peace by whom any food falls to be dealt with under this section refuses to condemn it, the food authority or, as the case may be, port health authority, shall compensate the owner of the food for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under subsection (6) above shall be determined by arbitration.
8
Any person who knowingly contravenes the requirements of a notice under paragraph (a) of subsection (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
.
3
The expressions “authorised officer”, “food authority”, “port health authority”, “human consumption”, “placing on the market”, “Directive 98/53/EC ”, “Directive 2001/22/EC ”, “Directive 2002/26/EC ”, “Directive 2002/69/EC ”, “Directive 2003/78/EC ” and “Directive 2004/16/EC ” which are used in section 9 of the Act so far as it applies for the purposes of these Regulations by virtue of paragraph (2), shall, for those purposes, bear the meanings that those expressions respectively bear in these Regulations.
Re–export or destruction of food imported into England that does not comply with these Regulations
8
1
If it appears to an authorised officer of a port health authority or as the case may be food authority that any food contravenes regulation 3(a)(i) or (b)(i) and has been imported into England he may after appropriate consultation with a person appearing to him to be the importer of the food serve on that person a notice requiring —
a
before 1st January 2005 —
i
the re–export of the food to a country other than a member State within such reasonable period as shall be specified in the notice, or
ii
(where such re–export would in his opinion involve serious risks to human health) the destruction of the food within such reasonable period as shall be so specified; and
b
on or after 1st January 2005 —
i
(where the requirements of Article 12 of Regulation 178/2002 are satisfied) the re–export of the food to a country other than a member State within such reasonable period as shall be specified in the notice, or
ii
(where the requirements of Article 12 of Regulation 178/2002 are not satisfied) the destruction of the food within such reasonable period as shall be so specified.
2
The notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall be determine whether or not the notice should be upheld or set aside.
4
The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
5
The procedure on an appeal to a magistrates' court under paragraph (4) shall be by way of complaint for an order, and the Magistrates' Courts Act 1980 shall apply to the proceedings.
6
If the court allows an appeal brought under paragraph (4) the authority concerned shall compensate the owner of the food concerned for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
Any person who breaches the terms of a notice served under paragraph (1) 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.
9
This Regulation is subject to regulation 9.
Secondary treatment of food imported into England that does not comply with these Regulations
9
1
In relation to any food which —
a
is of the type referred to in Article 4.3 a, b and d of the Commission Regulation; and
b
in respect of which an authorised officer may serve a notice in accordance with regulation 8(1),
the authorised officer may, after appropriate consultation with a person appearing to him to be the importer of the food, serve on that person a notice requiring him to —
c
deal with the food only in compliance with Article 4.3 of the Commission Regulation; and
d
place the food on the market as soon as is reasonably practicable.
2
The notice served under paragraph (1) shall state —
a
the right of appeal to a magistrates' court; and
b
the period within which such an appeal may be brought.
3
Any person who is aggrieved by the decision of an authorised officer to serve a notice under paragraph (1) may appeal to a magistrates' court, which shall determine whether or not the notice should be upheld or set aside.
4
The period within which such an appeal as is mentioned in paragraph (3) may be brought shall be 6 days from the date on which the notice was served exclusive of Saturdays, Sundays and Public Holidays and the making of the complaint shall be deemed for the purpose of this paragraph to be the bringing of the appeal.
5
The procedure on an appeal to a magistrates' court under paragraph (3) shall be by way of complaint for an order, and the Magistrates' Court Act 1980(a) shall apply to the proceedings.
6
If the court allows an appeal brought under paragraph (3) the authority concerned shall compensate the owner of the food concerned for any depreciation in its value resulting from the action taken by the authorised officer.
7
Any disputed question as to the right to or the amount of any compensation payable under paragraph (6) shall be determined by arbitration.
8
Any person who fails to comply with any of the requirements specified in a notice served under paragraph (1) shall be guilty of an offence and liable on summary execution to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding three months or to both.
Transitional provisions
10
Regulation 3(a)(i) and (b)(i) shall not apply in relation to any food —
a
lawfully placed on the market in an EEA State before 5th April 2002 which is covered by, but fails to meet the requirements of, Article 1.1, 2.1 or 2.2 of the Commission Regulation, as read with Article 1.2 of that Regulation, to the extent that the failure consists in the food being placed on the market containing a contaminant specified in Section 3 or 4 of Annex I to that Regulation at a level higher than that specified in relation to that food in the second column of the section concerned; or
b
lawfully placed on the market in an EEA State before 1st November 2003 which is covered by, but fails to meet the requirements of Article 1.1, 2.1 or 2.2 of the Commission Regulation, as read with Article 1.2 of that Regulation, to the extent that the failure consists in the food being placed on the market containing patulin at a level higher than that specified in relation to that food in the second column of Section 2.3 of Annex I to that Regulation.
11
Regulation 3(a)(ii) and (b)(ii) shall not apply in relation to any contravention of Article 2.3 of the Commission Regulation, to the extent that the contravention consists in the use as a food ingredient, for the production of a compound foodstuff, of
a
food lawfully placed on the market in an EEA State before 5th April 2002 and containing a contaminant specified in Section 3 or 4 of Annex I to that Regulation at a level higher than that specified in relation to that food in the second column of the section concerned; or
b
food lawfully placed on the market in an EEA State before 1st November 2003 and containing patulin at a level higher than that specified in relation to that food in the second column of Section 2.3 of Annex I to that Regulation.
Consequential amendments
12
In Schedule 1 to the Food Safety (Sampling and Qualifications) Regulations 1990 in so far as they apply in relation to England (provisions to which those Regulations do not apply) for the entry relating to the Contaminants in Food (England) Regulations 2003 there shall be substituted the following entry —
The Contaminants in Food (England) Regulations 2004 (to the extent that a sample falls to be prepared and analysed in accordance with regulation 5 of those Regulations) S.I. 2004/3062
.
Revocations
13
The Tin in Food Regulations 1992 insofar as they apply in relation to England and the Contaminants in Food (England) Regulations 2003 shall be revoked.
Signed by authority of the Secretary of State for Health
Melanie Johnson
Parliamentary Under Secretary of State,
Department of Health
18 November 2004


text:
Citation and commencement
1
1
This Order may be cited as the Health Act 1999 (Consequential Amendments) (Nursing and Midwifery) Order 2004 and shall come into force on 1st August 2004.
2
The amendment to the Interpretation Act in paragraph 7 will come into force immediately after the coming into force of paragraph 7 of Schedule 5 to the Nursing and Midwifery Order.
Extent
2
The extent of any amendment of any enactment or instrument in the Schedule to this Order is the same as that of the enactment or instrument amended.
Consequential amendments
3
The enactments specified in the Schedule to this Order are amended as there specified.
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
9th July 2004


text:
PART 1
Introduction
Citation, commencement and application
1
1
These Regulations may be cited as the School Governance (Transition from an Interim Executive Board) (England) Regulations 2004 and shall come into force on 1st April 2004.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“the 1998 Act ” means the School Standards and Framework Act 1998;
“the 2002 Act ” means the Education Act 2002;
“interim executive board” means a governing body constituted in accordance with Schedule 1A to the 1998 Act (governing bodies of interim executive members);
“interim executive member” means a member of a governing body constituted in accordance with Schedule 1A to the 1998 Act;
“local education authority” means the local education authority by which a maintained school is maintained; and
“shadow governing body” and “shadow governors” have the meaning given in regulation 5(2).
Exclusion of certain provisions
3
1
Regulations made by virtue of subsections (2) or (3) of section 19 or section 23 of the 2002 Act shall not apply in relation to the shadow governing body.
2
The instrument of government of the school shall not have effect in relation to the constitution of the shadow governing body.
PART 2
Composition, Establishment and Conduct of a Shadow Governing Body
Members of a shadow governing body
4
1
In these Regulations:
a
“shadow parent governor” means a person who is appointed as such by the local education authority to be a member of the shadow governing body and who is a parent of a child under or of compulsory school age;
b
“shadow staff governor” means —
i
a person who is appointed as such by the local education authority to be a member of the shadow governing body and who is paid to work at a maintained school;
ii
the head teacher, who is a shadow staff governor by virtue of his office unless he resigns the position;
c
“shadow LEA governor” means a person appointed as such by the local education authority to be a member of the shadow governing body;
d
“shadow community governor” means a person appointed as such by the local education authority, to be a member of the shadow governing body and who is:
i
a person who lives or works in the community served by the school; or
ii
a person who, in the opinion of the local education authority, is committed to the good government and success of the school; and
e
“shadow foundation governor” means a person who is appointed as such by the local education authority to be a member of the shadow governing body and who —
i
where the school has a particular religious character, designated by an Order of the Secretary of State under section 69(3) of the 1998 Act, is appointed as a shadow foundation governor for the purpose of securing that that character is preserved and developed;
ii
where there is a trust relating to the school, is appointed as a shadow foundation governor for the purpose of securing that the school is conducted in accordance with that trust.
2
Where the head teacher has resigned the position of shadow staff governor in accordance with paragraph (1)(b)(ii), he may withdraw that resignation at any time.
3
Before appointing a shadow foundation governor in accordance with paragraph (1)(e) the local education authority shall consult —
a
in the case of a foundation or voluntary school which is a Church of England school or a Roman Catholic Church school, the appropriate diocesan authority, and
b
in the case of any other foundation or voluntary school, the persons by whom the foundation governors were appointed immediately before the governing body became constituted in accordance with Schedule 1A to the 1998 Act.
4
A shadow governor may at any time be removed from office by the local education authority for incapacity or misbehaviour.
Arrangements for the establishment of a shadow governing body
5
1
At least six months before the date given in a notice served under section 16A(1) or 18A(1) of, or paragraph 17(1) of Schedule 1A to, the 1998 Act, as the date on which the governing body will become a normally constituted governing body, the local education authority shall make arrangements providing for the establishment of a governing body for the school in anticipation of the transition to a normally constituted governing body .
2
In these Regulations, a governing body so established is referred to as a shadow governing body and members of the shadow governing body are referred to as shadow governors.
3
Nothing in these Regulations shall prevent the appointment of an interim executive member as a shadow governor.
4
No person shall be appointed as a shadow foundation governor unless the local education authority have first consulted any person who would be entitled to appoint foundation governors under the instrument of government of the school if the governing body were a normally constituted governing body.
5
In calculating the number of shadow governors required in each category in accordance with regulations 6 to 9, the numbers shall be rounded up or down to the nearest whole number.
Community schools, community special schools or maintained nursery schools
6
The shadow governing body of a community school, community special school or maintained nursery school shall be composed as follows:
a
one third or more shall be shadow parent governors;
b
at least two but no more than one third shall be shadow staff governors;
c
one fifth shall be shadow LEA governors; and
d
one fifth or more shall be shadow community governors.
Foundation schools or foundation special schools
7
The shadow governing body of a foundation school or foundation special school shall be composed as follows:
a
one third or more shall be shadow parent governors;
b
at least two but no more than one third shall be shadow staff governors;
c
at least one but no more than one fifth shall be shadow LEA governors;
d
one tenth or more shall be shadow community governors; and
e
where the school has a foundation, at least two but no more than one quarter shall be shadow foundation governors.
Voluntary controlled schools
8
The shadow governing body of a voluntary controlled school shall be composed as follows:
a
one third or more shall be shadow parent governors;
b
at least two but no more than one third shall be shadow staff governors;
c
at least one but no more than one fifth shall be shadow LEA governors;
d
one tenth or more shall be shadow community governors; and
e
at least two but no more than one quarter shall be shadow foundation governors.
Voluntary aided schools
9
The shadow governing body of a voluntary aided school shall be composed as follows:
a
at least one shall be a shadow parent governor;
b
at least two but no more than one third shall be shadow staff governors;
c
at least one but no more than one tenth shall be shadow LEA governors; and
d
such number of shadow foundation governors as will lead to their outnumbering the shadow governors mentioned in paragraphs (a) to (c) by two.
Chair and vice-chair of the shadow governing body
10
1
The shadow governing body shall, at their first meeting, elect a chair and vice-chair of the shadow governing body from among their number.
2
A person employed to work at the school shall not be elected as chair or vice-chair, however nothing in this regulation shall prevent an interim executive member from being elected as chair or vice chair.
3
The chair or vice-chair of the shadow governing body may, at any time, resign his office by giving notice in writing to the clerk to the shadow governing body.
4
The chair or vice-chair of the shadow governing body shall cease to hold office if:
a
he ceases to be a shadow governor; or
b
he is employed to work at the school.
5
Where a vacancy arises in the office of chair or vice-chair, the shadow governing body shall at their next meeting elect one of their number to fill that vacancy.
6
Where the chair is absent from any meeting or there is at the time a vacancy in the office of the chair, the vice-chair shall act as chair for all purposes.
Appointment of the clerk to the shadow governing body
11
1
The local education authority shall appoint the clerk to the shadow governing body.
2
The clerk to the shadow governing body shall not be:
a
a shadow governor; or
b
the head teacher of the school.
3
Notwithstanding paragraph (2), the shadow governing body may, where the clerk fails to attend a meeting of theirs, appoint any one of their number to act as clerk for the purposes of that meeting.
Proceedings of the shadow governing body
12
The shadow governing body may determine their own procedure, subject to regulations 14 and 15.
Delegation of functions
13
The shadow governing body shall exercise any functions which have been delegated to them by the interim executive board .
Functions of the clerk to the shadow governing body
14
The clerk to the shadow governing body shall:
a
attend meetings of the shadow governing body and ensure that minutes of the proceedings are produced and signed (subject to the approval of the shadow governing body) by the chair of the meeting; and
b
perform such other functions as shall be determined by the shadow governing body from time to time.
Minutes of the shadow governing body
15
1
Subject to paragraph (2), the shadow governing body shall, as soon as reasonably practicable, make available for inspection a copy of —
a
the agenda for every meeting;
b
the signed minutes of every meeting; and
c
any report or other paper considered at the meeting.
2
There may be excluded from any item required to be made available in pursuance of paragraph (1) any material relating to —
a
a named person who works, or who it is proposed should work, at the school;
b
a named pupil or candidate for admission to the school; or
c
any other matter that, by reason of its nature, the temporary governing body is satisfied should remain confidential.
PART 3
Transition to a Normally Constituted Governing Body
End of the interim period
16
From the day on which the interim executive members cease to hold office (“the transfer date”) in accordance with paragraph 18(1) of Schedule 1A to the 1998 Act —
a
the shadow governing body shall be treated as if they were a normally constituted governing body; and
b
despite regulation 3(1), Part 5 of the School Governance (Constitution) (England) Regulations 2003 shall apply to the shadow governing body as if they were the governing body of the school.
Constitution of the governing body in accordance with the instrument of government
17
1
The local education authority shall give one term’s notice of a date (“the constitution date”), no later than 13 months after the transfer date, on which —
a
the shadow governors shall vacate office; and
b
the governing body of the school shall be constituted as a normally constituted governing body.
2
Sub-paragraph (1)(a) shall not prevent the appointment of a shadow governor as a governor of the normally constituted governing body.
3
The local education authority shall secure that the required appointment or election of governors takes place in accordance with the instrument of government before the constitution date and takes effect on that date.
David Miliband
Minister of State
Department for Education and Skills
1st March 2004


text:
Citation and commencement
1
This Order may be cited as the Immigration (Leave to Enter and Remain) (Amendment) Order 2004 and shall come into force on 27th February 2004.
Amendment of the Immigration (Leave to Enter and Remain) Order 2000
2
The Immigration (Leave to Enter and Remain) Order 2000 shall be amended as follows.
3
In article 1(3):
a
after the definition of “control port”, there shall be inserted:
“convention travel document” means a travel document issued pursuant to Article 28 of the Refugee Convention, except where that travel document was issued by the United Kingdom Government;
; and
b
after the definition of “the Immigration Acts”, there shall be inserted:
“Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol ;
.
4
In article 3:
a
for paragraph (1), there shall be substituted:
1
Subject to paragraph (4), an entry clearance shall only have effect as leave to enter if it complies with the requirements of this article.
; and
b
after paragraph (3), there shall be inserted:
4
Subject to paragraph (5), an entry clearance shall not have effect as leave to enter if it is endorsed on a convention travel document.
5
An entry clearance endorsed on a convention travel document before 27th February 2004 shall have effect as leave to enter.
.
Beverley Hughes
Minister of State
Home Office
25th February 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Council Tax (Prescribed Classes of Dwellings) (Amendment) (England) Regulations 2004 and shall come into force on 22nd April 2004.
2
These Regulations apply to dwellings in England only.
Amendment of Regulations
2
1
The Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003 (“the Regulations”) are amended in accordance with paragraphs (2) to (4) below.
2
In regulation 2 (interpretation) for the definition of “qualifying person” substitute —
“qualifying person” means a person who is liable for the council tax in respect of a dwelling on a particular day, whether or not jointly with any other person, or who would be liable for the council tax in respect of a dwelling on a particular day if that dwelling did not fall within —
Class O of the Council Tax (Exempt Dwellings) Order 1992 ; or
Class E of the Council Tax (Liability for Owners) Regulations 1992 .
.
3
For paragraph (3) of regulation 6 (exceptions), substitute —
3
For the purposes of sub-paragraph (a) of paragraph (2), a dwelling is job-related if it falls within the description set out in paragraph 1, 2 or 2A of the Schedule to these Regulations and for the purposes of sub-paragraph (b) of paragraph (2), a dwelling is job-related if it falls within the description set out in paragraph 1 or 2 of that Schedule.
.
4
After paragraph 2 of the Schedule insert —
2A
A dwelling is job-related for a person if he or his spouse is a minister of any religious denomination and the dwelling is inhabited by him as a residence from which he performs the duties of his office.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
25th March 2004


text:
Citation and commencement
1
These Regulations may be cited as the Exchange Gains and Losses (Bringing into Account Gains or Losses) (Amendment) Regulations 2004 and shall come into force on 1st January 2005.
Amendments to the Exchange Gains and Losses (Bringing into Account Gains or Losses) Regulations 2002
2
1
The Exchange Gains and Losses (Bringing into Account Gains and Losses) Regulations 2002 are amended as follows.
2
These amendments have effect in relation to accounting periods beginning on or after 1st January 2005.
3
In regulation 2(1) (interpretation) —
a
for the definition of “foreign business asset” substitute —
“foreign business asset” means, in relation to a company, an asset of an operation of the company which for accounting purposes is a foreign operation consisting of a branch;
;
b
after the definition of “section 84A” insert —
“statement of recognised gains and losses and statement of changes in equity” mean the statements mentioned in subsection (3) of section 84A or sub-paragraph (3) of paragraph 16 ;
;
c
after the definition of “the 1994 Regulations” insert —
“the Disregard Regulations ” means the Loan Relationships and Derivative Contracts (Disregard and Bringing into Account of Profits and Losses) Regulations 2004 .
.
4
1
Amend regulation 3 as follows.
2
In paragraph (1) —
a
for “either” substitute “any”, and
b
after “paragraphs” insert “(1A),”.
3
After paragraph (1) insert —
1A
The circumstances prescribed by this paragraph are that —
a
there is a disposal of an asset by a company in an accounting period beginning on or after 1st January 2005; and
b
in relation to a liability representing a loan relationship or a derivative contract of the company, an exchange gain or loss arose to the company which —
i
was recognised in the company’s statement of recognised gains and losses or statement of changes in equity and was set off by or against an amount which represents the whole or part of an exchange gain or loss arising in relation to the asset, or
ii
was prescribed by regulation 3 or 4 of the Disregard Regulations.
.
4
In paragraph (2)(a) after “1st October 2002” insert “but before 1st January 2005”.
5
1
Amend regulation 6 as follows.
2
In paragraph (1) after “applies” insert “to an accounting period beginning on or after 1st January 2005”.
3
In paragraph (1)(a) omit the words from “other” to “disposal”.
4
Omit paragraphs (3) and (4).
6
1
Amend regulation 7 as follows.
2
In both paragraphs (5) and (6) after “1st October 2002” insert “but before 1st January 2005”.
3
After paragraph (5) insert —
5A
In respect of any time falling within an accounting period beginning on or after 1st January 2005 —
a
a liability is fully matched with an asset if —
i
an amount representing the whole of an exchange gain or loss arising in relation to the liability is recognised in the company’s statement of recognised gains and losses or statement of changes in equity, and
ii
the whole of an exchange gain or loss arising in relation to the asset is also so recognised, or
iii
it is matched with that asset in accordance with regulation 3 or 4 of the Disregard Regulations; and
b
a liability is partly matched with an asset if —
i
an amount representing part of an exchange gain or loss arising in relation to the liability is recognised in the company’s statement of recognised gains and losses or statement of changes in equity, and
ii
part of an exchange gain or loss arising in relation to the asset is also so recognised, or
iii
an amount representing part of an exchange gain or loss arising in relation to the liability is matched with that asset in accordance with regulation 3 or 4 of the Disregard Regulations.
.
4
In paragraph (7), in Rule 1 omit “(other than ones which fall within section 93 of the Finance Act 1996 )”.
5
For paragraph (8) substitute —
8
For the purposes of paragraph (6), the currency in which a liability is expressed is to be treated as the currency in which an asset is denominated if —
a
borrowing in that currency, or
b
the entering into a derivative contract whose underlying subject matter is that currency,
could reasonably be expected to eliminate or substantially reduce the economic risk of holding the asset which is attributable to fluctuations in exchange rates.
.
7
In regulation 9(2) for “regulation 3(2)” substitute “regulation 3(1A) and (2)”.
8
In regulation 11(2) for “regulation 3(2)” substitute “regulation 3(1A) and (2)”.
9
1
Amend regulation 13 as follows.
2
For the heading to the regulation, substitute “ Cases where matched assets represent loan relationships ”.
3
In paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (2A)”.
4
After sub-paragraph (2) insert —
2A
The circumstances prescribed by this paragraph are where there is a disposal of an asset in an accounting period beginning on or after 1st January 2005 representing a loan relationship in relation to which exchange gains or losses were recognised in the company’s statement of recognised gains and losses or statement of changes in equity.
.
5
In paragraph (4) for “subsection (4) of section 84A” substitute “paragraphs (2) and (2A)”.
10
After regulation 13 insert —
Cases where there are no matching assets
14
1
This paragraph applies where —
a
a company has a derivative contract to which sub-paragraph (3) of paragraph 16 applies; and
b
regulation 7 and 10 of the Disregard Regulations would apply to the contract but for the condition in paragraph (2)(b) of regulation 7.
2
Where paragraph (1) applies, the amount of any net gain or loss shall be brought into account for the same period as it would be brought into account if regulation 10 of the Disregard Regulations applied to the contract.
.
Derek Twigg
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
9th December 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Liberia (Freezing of Funds and Economic Resources) Regulations 2004 and shall come into force on 6th May 2004.
2
In these Regulations —
“body corporate” includes a Scottish partnership and, in relation to such a partnership, any reference to a director of a body corporate is a reference to such a partner; and .
“the EC Regulation ” means Council Regulation (EC) No. 872/2004 . of 29th April 2004 concerning the freezing of funds of the former Liberian President Charles Taylor and certain persons and entities associated with him .
Breaches of the EC Regulation
2
1
Any person who —
a
without reasonable excuse commits a breach of Article 2(1) of the EC Regulation; or
b
commits a breach of Article 2(2) or (3) of the EC Regulation,
is guilty of an offence.
2
Any person who —
a
without reasonable excuse fails to comply with Article 8(1) of the EC Regulation; or
b
uses information in breach of Article 8(3) of the EC Regulation,
is guilty of an offence.
Requests for authorisations etc.
3
Any person who, in connection with a request for authorisation pursuant to Article 3 of the EC Regulation —
a
makes a statement or furnishes a document or information which to his knowledge is false in a material particular; or
b
recklessly makes any statement or furnishes any document or information which is false in a material particular,
is guilty of an offence.
Information
4
The Schedule to these Regulations has effect in order to facilitate the obtaining by or on behalf of the Treasury or the Bank of England of information for the purpose of ensuring compliance with the EC Regulation.
Penalties and proceedings
5
1
Any person guilty of an offence under regulation 2(1) or 3 or paragraph 2(b) or (c) of the Schedule to these Regulations is liable —
a
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
b
on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
2
Any person guilty of an offence under regulation 2(2), or paragraph 2(a) or 3(2) of the Schedule to these Regulations, is liable on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding level 5 on the standard scale, or both.
3
Where any body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed without the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary, or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, that person as well as the body corporate is guilty of that offence and is liable to be proceeded against and punished accordingly.
4
Proceedings against any person for an offence under these Regulations may be taken before the appropriate court in the United Kingdom having jurisdiction in the place where that person is for the time being.
5
No proceedings for an offence under these Regulations, other than a summary offence, shall be instituted in England, Wales or Northern Ireland except by or with the consent of the Secretary of State, the Treasury or the Attorney General, or, as the case may be, the Attorney General for Northern Ireland.
6
But paragraph (5) does not prevent the arrest, or the issue or execution of a warrant for the arrest, of any person in respect of such an offence, or the remand in custody or on bail of any person charged with such an offence, notwithstanding that the necessary consent to the institution of proceedings for the offence has not been obtained.
Derek Twigg
Jim Murphy
Two of the Lords Commissioners of Her Majesty’s Treasury
5th May 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Jobseeker’s Allowance (Amendment) Regulations 2004.
2
These Regulations shall come into force —
a
subject to sub-paragraph (b) on 19th April 2004;
b
on 18th October 2004 for persons who on 19th April 2004 are entitled to a jobseeker’s allowance or have any earnings credited to them in accordance with regulation 8A of the Social Security (Credits) Regulations 1975 .
Amendment of the Jobseeker’s Allowance Regulations 1996
2
1
The Jobseeker’s Allowance Regulations 1996 shall be amended in accordance with this regulation.
2
In regulation 18 (steps to be taken by persons actively seeking employment) for paragraph (1) there shall be substituted the following paragraph —
1
For the purposes of section 7(1) (actively seeking employment) a person shall be expected to have to take more than two steps in any week unless taking one or two steps is all that is reasonable for that person to do in that week.
3
In regulation 72(6)(b) (good cause for the purposes of section 19(5)(a) and (6)(c) and (d) and section 20A) for the words “one hour either way” to the end of the paragraph there shall be substituted —
, —
i
during the first 13 weeks of entitlement to a jobseeker’s allowance, one hour either way; and
ii
in all other cases, one hour and thirty minutes either way,
by a route and means appropriate to his circumstances and to the employment, or to the carrying out of the jobseeker’s direction, unless, in view of the health of the person or any caring responsibilities of his, that time was or is unreasonable.
.
Signed by authority of the Secretary of State for Work and Pensions.
Chris Pond
Parliamentary Under-Secretary of State,
Department for Work and Pensions
31st March 2004


text:
1
1
The Order may be cited as the Crime (International Co-operation) Act 2003 (Commencement No. 2) Order 2004.
2
In this Order “ the Act ” means the Crime (International Co-operation) Act 2003.
2
1
The provisions specified in paragraph (2) shall come into force on 11 th October 2004.
2
The provisions are–
a
sections 76 to 79 of the Act;
b
in Schedule 5 to the Act —
paragraph 17,
paragraph 18(a),
paragraphs 19 to 26,
paragraph 27(a)(ii)
in paragraph 27(a)(iii) the words “in paragraph (b), after “99C” there is inserted “, 109B”
paragraph 27(b),
paragraphs 28 to 37,
paragraphs 45 to 60, and
paragraphs 72 to 74; and
c
the entries in Schedule 6 to the Act relating to the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988 .
Signed by authority of the Secretary of State
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
8th October 2004