text:
Citation and commencement
1
These Regulations may be cited as the Immigration (European Economic Area) (Amendment) Regulations 2003 and shall come into force on 1st April 2003.
Amendment of Immigration (European Economic Area) Regulations 2000
2
1
The Immigration (European Economic Area) Regulations 2000 are amended as follows.
2
In regulation 2(1) (general interpretation) —
a
after the definition of “the 1999 Act” there is inserted ““the 2002 Act ” means the Nationality, Immigration and Asylum Act 2002”;
b
after the definition of “decision-maker” there is inserted
“ EEA decision” means a decision under these Regulations, or under Regulation 1251/70 , which concerns a person's —
removal from the United Kingdom;
entitlement to be admitted to the United Kingdom; or
entitlement to be issued with or to have renewed, or not to have revoked, a residence permit or residence document;
.
3
After regulation 6(2) (“family member”) there is inserted —
2A
If the other person has divorced his spouse, the person is his divorced spouse provided she is the primary carer of their dependent child who is under 19 and attending an educational course in the United Kingdom.
2B
If the other person has ceased to be a qualified person on ceasing to reside in the United Kingdom, the persons are —
a
his spouse or his divorced spouse, provided she is the primary carer of their dependent child who is under 19 and attending an educational course in the United Kingdom; and
b
descendants of his or of his spouse who are under 21 or are their dependants, provided that they —
i
are attending an educational course in the United Kingdom;
ii
resided with him in the United Kingdom when he was a qualified person; and
iii
are not able to attend an equivalent educational course outside the United Kingdom.
2C
For the purposes of paragraphs (2A) and (2B), “educational course” means a course within the scope of Article 12 of Regulation ( EEC ) No. 1612/68 of the Council of the European Communities on freedom of movement for workers within the Community .
2D
For the purposes of these Regulations, a person to whom paragraph (2B) applies shall be treated as the family member of a qualified person, notwithstanding that the other person has ceased to be a qualified person.
.
4
In regulation 9, for “and 28” there is substituted “, 28 and 33”.
5
In regulation 20 (duration and renewal of residence permit or residence document granted to a family member) —
a
before “The family member of an EEA national” there is inserted “(1) Subject to paragraph (2),”;
b
at the end of that regulation there is inserted —
2
In the case of a family member of an EEA national to whom regulation 6(2A) or 6(2B)(a) applies, the validity of the residence permit or residence document may be limited to the period during which the family member is the primary carer of the dependent child who is under 19 and attending an educational course in the United Kingdom.
.
6
In regulation 25 (persons refused admission), paragraph (3)(c) is omitted.
7
After regulation 26 there is inserted —
Requirement to state grounds under section 120 of the 2002 Act
26A
Section 120 of the 2002 Act shall apply to a person if an EEA decision has been taken or may be taken in respect of him and, accordingly, the Secretary of State or an immigration officer may require a statement from that person under subsection (2) of that section.
.
8
For Part VII there is substituted —
PART VII
appeals under these regulations
Interpretation of Part VII
27
1
In this Part —
“adjudicator” has the same meaning as in the 2002 Act;
“Commission” has the same meaning as in the Special Immigration Appeals Commission Act 1997 ;
“the Human Rights Convention” has the same meaning as “the Convention” in the Human Rights Act 1998 ; and
“the Refugee Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 and its Protocol.
2
For the purposes of this Part, and subject to paragraphs (3) and (4), an appeal is to be treated as pending during the period beginning when notice of appeal is given and ending when the appeal is finally determined, withdrawn or abandoned.
3
An appeal is not to be treated as finally determined while a further appeal may be brought; and, if such a further appeal is brought, the original appeal is not to be treated as finally determined until the further appeal is determined, withdrawn or abandoned.
4
A pending appeal is not to be treated as abandoned solely because the appellant leaves the United Kingdom.
Scope of Part VII
28
This Part applies to persons who have, or who claim to have, rights under these Regulations or under Regulation 1251/70.
Appeal rights
29
1
Subject to paragraphs (2) to (4), a person may appeal under these Regulations against an EEA decision.
2
If a person claims to be an EEA national, he may not appeal under these Regulations unless he produces —
a
a valid national identity card; or
b
a valid passport, issued by an EEA State.
3
If a person claims to be the family member of another person, he may not appeal under these Regulations unless he produces —
a
an EEA family permit; or
b
other proof that he is related as claimed to that other person.
4
For the purposes of paragraphs (2) and (3), a document —
a
is to be regarded as being what it purports to be provided that this is reasonably apparent; and
b
is to be regarded as relating to the person producing it unless it is reasonably apparent that it relates to another person.
5
A person may not rely on a ground in an appeal under these Regulations if the Secretary of State or an immigration officer certifies that the ground was considered in a previous appeal brought by that person under these Regulations or under section 82(1) of the 2002 Act.
6
Except where an appeal lies to the Commission, an appeal under these Regulations lies to an adjudicator.
7
The sections of the 2002 Act set out in Schedule 2 shall have effect for the purposes of appeals under these Regulations to an adjudicator in accordance with that Schedule.
Out-of-country appeals
30
1
Regulation 29 does not entitle a person to appeal while he is in the United Kingdom against an EEA decision —
a
to refuse to admit him to the United Kingdom;
b
to refuse to revoke a deportation order made against him;
c
to refuse to issue him with an EEA family permit.
2
Paragraph (1) also applies to a decision to remove someone from the United Kingdom which is consequent upon a refusal to admit him.
3
But paragraphs (1)(a) and (2) do not apply —
a
where the right of appeal is to the Commission;
b
where a ground of the appeal is that, in taking the decision, the decision-maker acted in breach of the appellant’s rights under the Human Rights Convention or the Refugee Convention; or
c
where the person held an EEA family permit, or a residence permit or residence document, on his arrival in the United Kingdom.
Appeals to the Commission
31
1
An appeal against an EEA decision lies to the Commission where paragraphs (2) and (4) applies.
2
This paragraph applies if the Secretary of State certifies that the EEA decision was taken —
a
by the Secretary of State wholly or partly on a ground listed in paragraph (3), or
b
in accordance with a direction of the Secretary of State which identifies the person to whom the decision relates and which is given wholly or partly on a ground listed in paragraph (3).
3
The grounds mentioned in paragraph (2) are that the person’s exclusion or removal from the United Kingdom is —
a
in the interests of national security, or
b
in the interests of the relationship between the United Kingdom and another country.
4
This paragraph applies if the Secretary of State certifies that the EEA decision was taken wholly or partly in reliance on information which in his opinion should not be made public —
a
in the interests of national security,
b
in the interests of the relationship between the United Kingdom and another country, or
c
otherwise in the public interest.
5
In paragraphs (2) and (4) a reference to the Secretary of State is to the Secretary of State acting in person.
6
Where a certificate is issued under paragraph (2) or (3) in respect of a pending appeal to an adjudicator the appeal shall lapse.
7
An appeal against an EEA decision lies to the Commission where an appeal lapses by virtue of paragraph (6).
8
The Special Immigration Appeals Commission Act 1997 shall apply to an appeal to the Commission under these Regulations as it applies to an appeal under section 2 of that Act to which subsection (2) of that section applies (appeals against an immigration decision) but paragraph (i) of that subsection shall not apply in relation to such an appeal.
Effect of appeals to an adjudicator
32
1
If a person in the United Kingdom appeals under these Regulations against an EEA decision to refuse to admit him to the United Kingdom, any directions previously given by virtue of the refusal for his removal from the United Kingdom cease to have effect, except in so far as they have already been carried out, and no directions may be so given while the appeal is pending.
2
If a person appeals under these Regulations against an EEA decision to remove him from the United Kingdom, any directions given under section 10 of the 1999 Act or Schedule 3 to the 1971 Act for his removal from the United Kingdom are to have no effect, except in so far as they have already been carried out, while the appeal is pending.
3
But the provisions of Part I of Schedule 2, or as the case may be, Schedule 3 to the 1971 Act with respect to detention and persons liable to detention apply to a person appealing under these Regulations against a refusal to admit him or a decision to remove him as if there were in force directions for his removal from the United Kingdom, except that he may not be detained on board a ship or aircraft so as to compel him to leave the United Kingdom while the appeal is pending.
4
In calculating the period of two months limited by paragraph 8(2) of Schedule 2 to the 1971 Act for —
a
the giving of directions under that paragraph for the removal of a person from the United Kingdom, and
b
the giving of a notice of intention to give such directions,
any period during which there is pending an appeal by him under these Regulations is to be disregarded.
5
If a person appeals under these Regulations against an EEA decision to remove him from the United Kingdom, a deportation order is not to be made against him under section 5 of the 1971 Act while the appeal is pending.
6
Paragraph 29 of Schedule 2 to the 1971 Act (grant of bail pending appeal) applies to a person who has an appeal pending under these Regulations as it applies to a person who has an appeal pending under section 82(1) of the 2002 Act.
7
This regulation does not apply to an appeal which lies to the Commission.
.
9
After Part VII there is inserted —
PART VIII
appeals under the 2002 act
Appeals under the 2002 Act
33
1
A person may appeal to an adjudicator under section 83(2) of the 2002 Act against the rejection of his asylum claim where that claim has been rejected but he has a right to be admitted to and reside in the United Kingdom under these Regulations.
2
In addition to the national of a State which is a contracting party to the Agreement referred to in section 84(2) of the 2002 Act, the national of a State which is a contracting party to any other agreement forming part of the Community Treaties which confers rights of entry to or residence in the United Kingdom shall also be treated as an EEA national for the purposes of section 84(1)(d) of that Act.
3
An appeal under these Regulations against an EEA decision made on or after 1st April 2003 shall be treated as an appeal under section 82(1) of the 2002 Act against an immigration decision for the purposes of sections 96(1)(a), (2)(a) and (2)(c) of the 2002 Act and such an EEA decision shall be treated as an immigration decision for the purposes of section 96(2)(b) of that Act.
4
A ground considered in an appeal under these Regulations against an EEA decision made on or after 1st April 2003 shall be treated as a ground considered in an appeal under section 82(1) of the 2002 Act for the purposes of section 96(3) of that Act.
.
10
For Schedule 2 (appeals to the adjudicator) there is substituted —
SCHEDULE 2
appeals to an adjudicator
The following sections of the 2002 Act have effect in relation to an appeal under these Regulations to an adjudicator as if it were an appeal against an immigration decision under section 82(1) of that Act:
section 84(1) (except paragraphs (a) and (f)) and (2);
sections 85 to 87; and
sections 101 to 103.
.
Transitional provisions
3
1
Regulation 2(8) and (10) shall not have effect in relation to an EEA decision made before 1st April 2003 and, accordingly, Part VII of and Schedule 2 to the EEA Regulations , as enacted immediately before the coming into force of these Regulations, shall continue to apply for the purpose of an appeal against such a decision.
2
For the purpose of the application of Part VII of and Schedule 2 to the EEA Regulations in accordance with paragraph (1), the references in that Part and that Schedule to the Immigration and Asylum Act 1999 shall continue to refer to that Act as enacted immediately before the coming into force of these Regulations and that Act shall continue in force as so enacted for the purpose of such application.
3
In this regulation “EEA Regulations” means the Immigration (European Economic Area) Regulations 2000 and “EEA decision” has the meaning given by regulation 27(2) of those Regulations, as enacted immediately before the coming into force of these Regulations.
Beverley Hughes
Minister of State
Home Office
6th March 2003


type: legislation

jurisdiction: UK

text:
Citation and commencement
1
These Regulations may be cited as the Employment Equality (Sexual Orientation) (Amendment) Regulations 2003 and shall come into force on 1st December 2003.
Interpretation
2
1
In these Regulations, “the principal Regulations ” means the Employment Equality (Sexual Orientation) Regulations 2003 .
2
In regulation 3 (amendments to the principal Regulations) a reference to a numbered regulation or Schedule is a reference to the regulation or, as the case may be, Schedule bearing that number in the principal Regulations.
Amendments to the principal Regulations
3
1
The principal Regulations shall be amended in accordance with paragraphs (2) to (6).
2
In regulation 2(3) (interpretation), for the definition of “benefits” substitute —
“benefits”, except in regulation 9A (trustees and managers of occupational pension schemes), includes facilities and services;
.
3
After regulation 9 (meaning of employment and contract work at establishment in Great Britain) insert —
Trustees and managers of occupational pension schemes
9A
1
It is unlawful, except in relation to rights accrued or benefits payable in respect of periods of service prior to the coming into force of these Regulations, for the trustees or managers of an occupational pension scheme to discriminate against a member or prospective member of the scheme in carrying out any of their functions in relation to it (including in particular their functions relating to the admission of members to the scheme and the treatment of members of it).
2
It is unlawful for the trustees or managers of an occupational pension scheme, in relation to the scheme, to subject to harassment a member or prospective member of it.
3
Schedule 1A (occupational pension schemes) shall have effect for the purposes of —
a
defining terms used in this regulation and in that Schedule;
b
treating every occupational pension scheme as including a non-discrimination rule;
c
giving trustees or managers of an occupational pension scheme power to alter the scheme so as to secure conformity with the non-discrimination rule;
d
making provision in relation to the procedures, and remedies which may be granted, on certain complaints relating to occupational pension schemes presented to an employment tribunal under regulation 28 (jurisdiction of employment tribunals).
.
4
In regulation 27(2) (restriction of proceedings for breach of Regulations), at the end insert “or the investigation or determination of any matter in accordance with Part X (investigations: the Pensions Ombudsman) of the Pension Schemes Act 1993 by the Pensions Ombudsman”.
5
After regulation 30(4) (remedies on complaints in employment tribunals) insert —
5
This regulation has effect subject to paragraph 7 of Schedule 1A (occupational pension schemes).
.
6
After Schedule 1 (Norwegian part of the Frigg Gas Field) insert —
SCHEDULE 1A
OCCUPATIONAL PENSION SCHEMES
Regulation 9A(3)
Interpretation
1
1
In this Schedule —
“active member”, “deferred member”, “managers”, “pensioner member” and “trustees or managers”, in relation to an occupational pension scheme, have the meanings given by section 124(1) of the Pensions Act 1995 as at the date of the coming into force of these Regulations;
“member”, in relation to an occupational pension scheme, means any active member, deferred member or pensioner member;
“non-discrimination rule” means the rule in paragraph 2;
“occupational pension scheme” has the same meaning as in the Pension Schemes Act 1993 as at the date of the coming into force of these Regulations;
“prospective member”, in relation to an occupational pension scheme, means any person who, under the terms of his employment or the rules of the scheme or both —
is able, at his own option, to become a member of the scheme,
shall become so able if he continues in the same employment for a sufficient period of time,
shall be admitted to it automatically unless he makes an election not to become a member, or
may be admitted to it subject to the consent of his employer.
2
In paragraph 6 (procedure in employment tribunals), “employer”, in relation to an occupational pension scheme, has the meaning given by section 124(1) of the Pensions Act 1995 as at the date of the coming into force of these Regulations.
3
Any term used in regulation 9A (trustees and managers of occupational pension schemes) and in this Schedule shall have the same meaning in that regulation as it has in this Schedule.
Non-discrimination rule
2
Every occupational pension scheme shall be treated as including a provision (“the non-discrimination rule”) containing a requirement that the trustees or managers of the scheme refrain from doing any act which is unlawful by virtue of regulation 9A.
3
The other provisions of the scheme are to have effect subject to the non-discrimination rule.
4
The trustees or managers of an occupational pension scheme may —
a
if they do not (apart from this paragraph) have power to make such alterations to the scheme as may be required to secure conformity with the non-discrimination rule, or
b
if they have such power but the procedure for doing so —
i
is liable to be unduly complex or protracted, or
ii
involves the obtaining of consents which cannot be obtained, or can only be obtained with undue delay or difficulty,
by resolution make such alterations to the scheme.
5
Alterations made by a resolution such as is referred to in paragraph 4 may have effect in relation to a period before the alterations are made (but may not have effect in relation to any time before the coming into force of these Regulations).
Procedure in employment tribunals
6
Where under regulation 28 (jurisdiction of employment tribunals) a member or prospective member of an occupational pension scheme presents to an employment tribunal a complaint that the trustees or managers of the scheme —
a
have committed against him an act which is unlawful by virtue of regulation 9A (trustees and managers of occupational pension schemes) or 21 (relationships which have come to an end); or
b
are by virtue of regulation 22 (liability of employers and principals) or 23 (aiding unlawful acts) to be treated as having committed against him such an act,
the employer in relation to the scheme shall, for the purposes of the rules governing procedure, be treated as a party and be entitled to appear and be heard in accordance with those rules.
Remedies in employment tribunals
7
1
This paragraph applies where —
a
under regulation 28 (jurisdiction of employment tribunals) a member or prospective member of an occupational pension scheme (“the complainant”) presents to an employment tribunal a complaint against the trustees or managers of the scheme or an employer;
b
the complainant is not a pensioner member of the scheme;
c
the complaint relates to the terms on which persons become members of the scheme, or the terms on which members of the scheme are treated; and
d
the tribunal finds the complaint to be well-founded.
2
Where this paragraph applies, the employment tribunal may, without prejudice to the generality of its power under regulation 30(1)(a) (power to make order declaring rights of complainant and respondent), make an order declaring that the complainant has a right —
a
where the complaint relates to the terms on which persons become members of the scheme, to be admitted to the scheme;
b
where the complaint relates to the terms on which members of the scheme are treated, to membership of the scheme without discrimination.
3
An order under sub-paragraph (2) —
a
may be made in respect of such period as is specified in the order (but may not be made in respect of any time before the coming into force of these Regulations);
b
may make such provision as the employment tribunal considers appropriate as to the terms on which, or the capacity in which, the complainant is to enjoy such admission or membership.
4
Where this paragraph applies, the employment tribunal may not make an order for compensation under regulation 30(1)(b), whether in relation to arrears of benefits or otherwise, except —
a
for injury to feelings;
b
by virtue of regulation 30(3).
Jacqui Smith,
Minister of State for Industry and the Regions and Deputy Minister for Women and Equality,
Department of Trade and Industry
6th November 2003


text:
Citation, commencement and application
1
These Regulations may be cited as the Education (School Teachers' Pay and Conditions) (Amendment) Regulations 2003 and shall come into force on 1st August 2003.
2
These Regulations apply in relation to England and Wales.
Interpretation
3
In these Regulations “the School Teachers Pay and Conditions Document 2002” means the document brought into effect by article 3 of the Education (School Teachers' Pay and Conditions) ( No. 2) Order 2002 and as amended by the Education (School Teachers' Pay and Conditions) Order 2003 .
Amendment to the School Teachers' Pay and Conditions Document 2002
4
Paragraph 1.2 of the School Teachers' Pay and Conditions Document 2002 is amended as follows.
5
Insert the following words after “Regulations” in the definition of “Employment-based teacher training scheme” –
or paragraph 10 of Schedule 2 to the Education (School Teachers' Qualifications) (England) Regulations 2003
.
6
Substitute the following definition for the definition of “qualified teacher” –
“qualified teacher” means a person who satisfies requirements specified in regulations made under section 132 of the Education Act 2002 ;
.
7
Substitute the following definition for the definition of “unqualified teacher” —
“unqualified teacher” means a person who is a school teacher within the meaning of section 122(5) of the Education Act 2002 ;
.
David Miliband
Minister of State,
Department for Education and Skills
10th July 2003


text:
PART 1
PRELIMINARY
Citation and commencement
1
1
These Regulations may be cited as the Value Added Tax (Amendment) (No. 6) Regulations 2003 and come into force —
a
for the purposes of Part 5 (bad debt relief) on 11th December 2003, and
b
for all other purposes on 1st January 2004.
2
Part 4 (partial exemption) has effect in relation to input tax incurred by a taxable person on goods imported or acquired by, or goods or services supplied to, him on or after 1st January 2004.
Amendment
2
The Value Added Tax Regulations 1995 are amended in accordance with the following Parts.
PART 2
INVOICING
3
Before regulation 13 insert —
Interpretation of Part 3
A13
In this Part —
a
“advanced electronic signature” means an electronic signature which meets the following requirements —
i
it is uniquely linked to the signatory;
ii
it is capable of identifying the signatory;
iii
it is created using means that the signatory can maintain under his sole control; and
iv
it is linked to the data to which it relates in such a manner that any subsequent change of the data is detectable;
b
“electronic data interchange” or “ EDI ” means the electronic transfer, from computer to computer, of commercial and administrative data using an agreed standard to structure an EDI message;
c
“EDI message” means a set of segments, structured using an agreed standard, prepared in a computer readable format and capable of being automatically and unambiguously processed;
d
“electronic signature” means data in electronic form which are attached to or logically associated with other electronic data and which serve as a method of authentication;
e
“electronic storage of invoices” means storage using electronic equipment for processing (including digital compression) and storage of data employing wires, radio transmission, optical technologies or other electromagnetic means;
f
“electronic transmission” in relation to invoices means transmission or making available to the recipient using electronic equipment employing wires, radio transmission, optical technologies or other electromagnetic means;
g
“signatory” means a person who holds a signature-creation device and acts either on his own behalf or on behalf of the natural or legal person or entity he represents.
.
4
In regulation 13 —
a
for paragraph (3) substitute —
3
Where a registered person provides a document to himself (“a self-billed invoice”) that purports to be a VAT invoice in respect of a supply of goods or services to him by another registered person, that document shall be treated as the VAT invoice required to be provided by the supplier under paragraph (1)(a) if it complies with the conditions set out in paragraph (3A) and with any further conditions that may be contained in a notice published by the Commissioners or may be imposed in a particular case.
,
b
after paragraph (3) insert —
3A
The following conditions must be complied with if a self-billed invoice is to be treated as a VAT invoice —
a
it must have been provided pursuant to a prior agreement (“a self-billing agreement”) entered into between the supplier of the goods or services to which it relates and the recipient of the goods or services (“the customer”) and which satisfies the requirements in paragraph (3B);
b
it must contain the particulars required under regulation 14(1) or (2);
c
it must relate to a supply or supplies made by a supplier who is a taxable person.
3B
A self-billing agreement must —
a
authorise the customer to produce self-billed invoices in respect of supplies made by the supplier for a specified period which shall end not later than either —
i
the expiry of a period of 12 months, or
ii
the expiry of the period of any contract between the customer and the supplier for the supply of the particular goods or services to which the self-billing agreement relates;
b
specify that the supplier will not issue VAT invoices in respect of supplies covered by the agreement;
c
specify that the supplier will accept each self-billed invoice created by the customer in respect of supplies made to him by the supplier;
d
specify that the supplier will notify the customer if he ceases to be a taxable person or if he changes his registration number.
3C
Without prejudice to any term of a self-billing agreement, it shall be treated as having expired when —
a
the business of the supplier is transferred as a going concern;
b
the business of the customer is transferred as a going concern;
c
the supplier ceases to be registered for VAT.
3D
In addition to the matters set out in paragraph (3B) —
a
conditions that must be complied with may be set out in a notice published by the Commissioners;
b
the Commissioners may impose further conditions in particular cases.
3E
Where a customer in another member State provides a document to himself in respect of a supply of goods or services to him by a registered person, that document shall be treated as the VAT invoice required to be provided by the supplier under paragraph 1(b) or (c) if it complies with the conditions set out in paragraph (3A).
3F
For the purposes of the following, a self-billed invoice will not be treated as issued by the supplier (however the supplier may be described in the provision concerned) —
a
regulation 84(2)(b)(ii);
b
regulation 85(1)(b);
c
regulation 85(2);
d
regulation 86(1);
e
regulation 86(2)(b);
f
regulation 86(3);
g
regulation 88(1)(b);
h
regulation 89(b)(ii);
i
regulation 90(1)(b);
j
regulation 90(2);
k
regulation 91;
l
regulation 92(b);
m
regulation 93(1)(b);
n
regulation 94B(6)(a).
.
5
After regulation 13 insert —
Electronic invoicing
13A
1
This regulation applies where a document is provided by a registered person by electronic transmission that purports to be a VAT invoice in respect of a supply of goods or services.
2
The document is not to be treated as the VAT invoice required to be provided by the supplier under regulation 13(1) unless —
a
both the supplier and the customer are able to guarantee the authenticity of the origin and integrity of the contents by one of the following means —
i
an advanced electronic signature;
ii
EDI;
iii
where the document relates to supplies of goods or services made in the United Kingdom, such other electronic means as may be approved by the Commissioners in any particular case;
b
the supplier has complied with any conditions imposed by the Commissioners.
3
When the document is a self-billed invoice that purports to be a VAT invoice, paragraph (2)(b) applies as if the reference to the supplier is to the customer.
4
Where an invoice has been provided or received that meets the conditions in paragraph (2) the supplier and the customer must preserve the means adopted for guaranteeing the authenticity of the origin and integrity of the contents under paragraph 2(a) for such time as the invoice is preserved.
.
6
After regulation 13A insert —
13B
Where a VAT invoice or part of a VAT invoice is in a language other than English the Commissioners may, by notice in writing, require that an English translation of the invoice is provided to them by a person who has received such an invoice in the United Kingdom within 30 days of the date of the notice.
.
7
In regulation 14(1) —
a
omit sub-paragraphs (f) and (k),
b
in sub-paragraph (h) for “sterling” substitute “any currency”,
c
in sub-paragraph (i) for “sterling” substitute “any currency”,
d
after sub-paragraph (l) add “(m) the unit price.”.
8
In regulation 14(2) —
a
for the words at the beginning substitute —
Save as the Commissioners may otherwise allow, where a registered person provides a person in another member State with a VAT invoice or any document that refers to a VAT invoice and is intended to amend it, he must ensure that it states thereon the following particulars —
,
b
in sub-paragraph (a) for “(a) to (g) and (j)” substitute “(a) to (e), (g), (j) and (m)”,
c
in sub-paragraph (g) for “sub-paragraphs (k) and (l)” substitute “sub-paragraph (l)”.
9
After regulation 14(6) insert —
7
Where a registered person provides documents in batches to the same recipient by electronic transmission that purport to be VAT invoices in respect of supplies of goods or services made to, or received by, him, as an exception to the requirements in regulation 14(1) and 14(2), details common to each such document need only be stated once for each batch file.
.
10
In regulation 16(1) for “£100” substitute “£250”.
11
In regulation 31(1) after sub-paragraph (i) insert —
j
a copy of any self-billing agreement within regulation 13(3A) to which he is a party;
k
where he is a customer, party to a self-billing agreement within regulation 13(3A), the name, address and VAT registration number of each supplier with whom he has entered into a self-billing agreement.
.
12
In regulation 83 for the words after “supplier” substitute —
or the customer and which, in either case, is issued under the provisions of the law of the member State where the goods were supplied, corresponding in relation to that member State to the provisions of regulations 13, 13A and 14.
.
13
In regulation 84(2)(a) omit “, (9)”.
14
In regulation 87 for the words after “occasion that” substitute “an invoice such as is described in regulation 83 is issued.”.
15
In regulation 88(2) after “appropriated” insert “or a self-billed invoice fulfilling the conditions in regulation 13(3A) is issued by the customer”.
16
In regulation 89(a) omit “(9),”.
PART 3
FLAT-RATE SCHEME FOR SMALL BUSINESSES
17
In regulation 55B(1)(a) (start date), after “notified” omit “in writing”.
18
1
In regulation 55A(1) (interpretation) —
a
omit the definitions of “amendment date” and “change date”,
b
immediately before the definition of “end date” insert —
“ EDR ” means the day with effect from which a person is registered under the Act;
,
c
after paragraph (2) insert —
3
For the purposes of this Part, “relevant date”, in relation to a flat-rate trader, means any of the following —
a
his start date;
b
the first day of the prescribed accounting period current at any anniversary of his start date;
c
any day on which he first carries on a new business activity;
d
any day on which he no longer carries on an existing business activity;
e
any day with effect from which the Table is amended in relation to him;
f
where regulation 55JB (reduced rate for newly registered period) applies —
i
the day that his newly registered period begins, and
ii
the first anniversary of his EDR.
.
2
In regulation 55D (method of accounting), for “regulations 55J and 55JA”, substitute “regulations 55H and 55JB”.
3
In regulation 55K (category of business), omit paragraph (2).
4
For regulation 55N(1) and (2) (notification), substitute —
1
Where —
a
at the first day of the prescribed accounting period current at any anniversary of his start date,
b
the appropriate percentage to be applied by a flat-rate trader in accordance with regulation 55H(2)(a) for the prescribed accounting period just beginning differs from that applicable to his relevant turnover at the end of the previous prescribed accounting period,
he must notify the Commissioners of that fact within 30 days of the first day of the prescribed accounting period current at the anniversary of his start date.
2
Where a flat-rate trader begins to carry on a new business activity or ceases to carry on an existing business activity, he must notify the Commissioners of —
a
that fact,
b
the date that is the relevant date described by regulation 55A(3)(c) or (d) (as the case may be), and
c
the appropriate percentage to be applied to the period immediately before that relevant date and immediately after it,
within 30 days of that relevant date.
.
19
1
For regulations 55H to 55JA (appropriate percentage), substitute —
55H
1
The appropriate percentage to be applied by a flat-rate trader for any prescribed accounting period, or part of a prescribed accounting period (as the case may be), shall be determined in accordance with this regulation and regulations 55JB and 55K.
2
For any prescribed accounting period —
a
beginning with a relevant date, the appropriate percentage shall be that specified in the Table for the category of business that he is expected, at the relevant date, on reasonable grounds, to carry on in that period;
b
current at his start date but not beginning with his start date, the appropriate percentage shall be that specified in the Table for the category of business that he is expected, at his start date, on reasonable grounds, to carry on in the remainder of the period;
c
not falling within (a) or (b), the appropriate percentage shall be that applicable to his relevant turnover at the end of the previous prescribed accounting period.
3
Except that, where a relevant date other than his start date occurs on a day other than the first day of a prescribed accounting period, the following rules shall apply for the remainder of that prescribed accounting period —
a
for the remaining portion, the appropriate percentage shall be that specified in the Table for the category of business that he is expected, at the relevant date, on reasonable grounds, to carry on in that period;
b
“remaining portion” means that part of the prescribed accounting period in which the relevant date occurs —
i
starting with the relevant date, and
ii
ending on the last day of that prescribed accounting period;
c
the appropriate percentage specified in sub-paragraph (a) shall be applied to his relevant turnover in the remaining portion described;
d
if the rules set out in paragraphs (a) to (c) apply and then another relevant date occurs in the same prescribed accounting period, then —
i
the existing remaining portion ends on the day before the latest relevant date,
ii
another remaining portion begins on the latest relevant date, and
iii
the rules in paragraph (a) to (c) shall be applied again in respect of the latest remaining portion.
2
Immediately before regulation 55K, insert —
Reduced appropriate percentage for newly registered period
55JB
1
This regulation applies where a flat-rate trader’s start date falls within one year of his EDR.
2
Except that this regulation does not apply where —
a
the Commissioners received notification of, or otherwise became fully aware of, his liability to be registered more than one year after his EDR, or
b
his end date or the first anniversary of his EDR falls before 1st January 2004.
3
At any relevant date on or after 1st January 2004 falling within his newly registered period, the Table shall be read as if each percentage specified in the right-hand column were reduced by one.
4
A flat-rate trader’s “newly registered period” is the period —
a
beginning with the later of —
i
his start date; and
ii
the day the Commissioners received notification of, or otherwise became fully aware of, his liability to be registered under the Act, and
b
ending on the day before the first anniversary of his EDR.
.
20
In regulation 55K (category of business), for the Table substitute —
Table
Category of business Appropriate percentage
*
“Labour-only building or construction services” means building or construction services where the value of materials supplied is less than 10 per cent. of relevant turnover from such services; any other building or construction services are “general building or construction services”.
Retailing food, confectionery, tobacco, newspapers or children’s clothing 2
Membership organisation
Postal and courier services
Pubs
Wholesaling food
5.5
Farming or agriculture that is not listed elsewhere
Retailing that is not listed elsewhere
Wholesaling agricultural products
6
Retailing pharmaceuticals, medical goods, cosmetics or toiletries
Retailing vehicles or fuel
Sport or recreation
Wholesaling that is not listed elsewhere
7
Agricultural services
Library, archive, museum or other cultural activity
Manufacturing food
Printing
Repairing vehicles
7.5
General building or construction services
Hiring or renting goods
Manufacturing that is not listed elsewhere
Manufacturing yarn, textiles or clothing
Packaging
Repairing personal or household goods
Social work
8.5
Forestry or fishing
Mining or quarrying
Transport or storage, including freight, removals and taxis
Travel agency
9
Advertising
Dealing in waste or scrap
Hotel or accommodation
Photography
Publishing
Veterinary medicine
9.5
Any other activity not listed elsewhere
Investigation or security
Manufacturing fabricated metal products
10
Boarding or care of animals
Film, radio, television or video production
10.5
Business services that are not listed elsewhere
Computer repair services
Entertainment or journalism
Estate agency or property management services
Laundry or dry-cleaning services
Secretarial services
11 Financial services 11.5
Catering services, including restaurants and takeaways
Hairdressing or other beauty treatment services
Real estate activity not listed elsewhere
12
Architect, civil and structural engineer or surveyor
Management consultancy
12.5
Accountancy or book-keeping
Computer and IT consultancy or data processing
Lawyer or legal services
13 Labour-only building or construction services 13.5
PART 4
PARTIAL EXEMPTION
21
After regulation 102 insert —
102A
1
Where a taxable person —
a
is for the time being using a method approved or directed under regulation 102, and
b
that method does not fairly and reasonably represent the extent to which goods or services are used by him or are to be used by him in making taxable supplies,
the Commissioners may serve on him a notice to that effect, setting out their reasons in support of that notification and stating the effect of the notice.
2
The effect of a notice served under this regulation is that regulation 102B shall apply to the person served with the notice in relation to —
a
prescribed accounting periods commencing on or after the date of the notice or such later date as may be specified in the notice, and
b
longer periods to the extent of that part of the longer period falling on or after the date of the notice or such later date as may be specified in the notice.
102B
1
Where this regulation applies, a taxable person shall calculate the difference between —
a
the attribution made by him in any prescribed accounting period or longer period, and
b
an attribution which represents the extent to which the goods or services are used by him or are to be used by him in making taxable supplies,
and account for the difference on the return for that prescribed accounting period or on the return on which that longer period adjustment is required to be made, except where the Commissioners allow another return to be used for this purpose.
2
This regulation shall apply from the date prescribed under regulation 102A(2) or 102C(2), unless or until the method referred to in regulation 102A(1)(a) or 102C(1)(a) is terminated under regulation 102(3).
102C
1
Subject to regulation 102A, where a taxable person —
a
is for the time being using a method approved or directed under regulation 102, and
b
that method does not fairly and reasonably represent the extent to which goods or services are used by him or are to be used by him in making taxable supplies,
the taxable person may serve on the Commissioners a notice to that effect, setting out his reasons in support of that notification.
2
Where the Commissioners approve a notice served under this regulation, the effect is that regulation 102B shall apply to the person serving the notice in relation to —
a
prescribed accounting periods commencing on or after the date of the notice or such later date as may be specified in the notice, and
b
longer periods to the extent of that part of the longer period falling on or after the date of the notice or such later date as may be specified in the notice.
.
PART 5
BAD DEBT RELIEF
22
In regulation 171(5), after “regulation” insert “, but subject to paragraph (6) below,”.
23
After regulation 171(5) insert —
6
Paragraph (5) above does not apply where any person to whom the right to receive a payment has been assigned (whether by the claimant or any other person) is connected to the claimant.
7
Any question for the purposes of paragraph (6) above whether any person is connected to the claimant shall be determined in accordance with section 839 of the Taxes Act .
8
Paragraphs (6) and (7) above apply where the right to receive a payment is assigned on or after 11th December 2003.
.
Ray McAfee
Commissioner of Customs and Excise
New King’s Beam House,
22 Upper Ground,
London SE1 9PJ
9th December 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Land Registration Act 2002 (Transitional Provisions) (No 2) Order 2003 and shall come into force on 13th October 2003.
2
In this Order “ the Act ” means the Land Registration Act 2002.
A right in respect of the repair of a church chancel
2
1
For the period of ten years beginning with the day on which Schedule 1 to the Act comes into force, it has effect with the insertion at the end of —
16
A right in respect of the repair of a church chancel.
2
For the period of ten years beginning with the day on which Schedule 3 to the Act comes into force, it has effect with the insertion at the end of —
16
A right in respect of the repair of a church chancel.
Signed by authority of the Lord Chancellor
David Lammy
Parliamentary Under Secretary of State,
Department for Constitutional Affairs
14th September 2003


text:
Citation and commencement
1
1
This Order may be cited as the District of Rutland (Electoral Changes) Order 2003.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on 1st May 2003, on the day after that on which it is made;
b
for all other purposes, on 1st May 2003.
Interpretation
2
In this Order —
“district” means the district of Rutland;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made;
any reference to the map is a reference to the map marked “Map referred to in the District of Rutland (Electoral Changes) Order 2003”, of which prints are available for inspection at —
a
the principal office of the Electoral Commission; and
b
the offices of Rutland District Council.
Wards of the district of Rutland
3
1
The existing wards of the district of Rutland shall be abolished.
2
The district shall be divided into sixteen wards which shall bear the names set out in column (1) of the Schedule.
3
The wards shall comprise the areas described in column (2) of the Schedule by reference to parishes or, where an area is not so described, 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 the number specified in respect of the ward in column (3) of the Schedule.
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.
Wards of the parish of Oakham
4
1
The existing wards of the parish of Oakham shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Oakham North East, Oakham North West, Oakham South East and Oakham South West; and the parish wards of Oakham North East, Oakham South East and Oakham South West shall comprise the area of the district ward bearing the same name; and the parish ward of Oakham North West shall consist of the rest of the parish.
3
The number of parish councillors to be elected for each parish ward shall be three.
Maps
5
Rutland District Council shall make a print of the map marked “Map referred to in the District of Rutland (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral Registers
6
The Electoral Registration Officer for the district 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
7
The District of Rutland (Electoral Arrangements) Order 1977 ( S.I. 1977/1865 ) is revoked.
Signed by the members of the Electoral Commission
Pamela Gordon
Commissioner
5th February 2003
Glyn Mathias
Commissioner
6th February 2003
Neil McIntosh
Commissioner
10th February 2003
Karamjit Singh
Commissioner
6th February 2003
Sam Younger
Commissioner
5th February 2003
Graham Zellick
Commissioner
6th February 2003


text:
1
1
This Order may be cited as the Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) (England) Order 2003 and shall come into force on 14th April 2003.
2
Subject to paragraph (3) below, this Order shall not form part of the law of Scotland or Northern Ireland.
3
Nothing in paragraph (2) above shall be treated as prejudicing the effect in Scotland or Northern Ireland of section 30(2A) of the Fisheries Act 1981 in relation to, or for purposes incidental to, any provision in this Order which creates an offence.
Interpretation
2
1
In this Order —
“the Council Regulation” means Council Regulation ( EC ) No. 2341/2002 fixing for 2003 the fishing opportunities and associated conditions for fish stocks and groups of fish stocks, applicable in Community waters and, for Community vessels, in waters where limitations in catch are required ;
“Council Regulation 2847/93” means Council Regulation ( EEC ) No. 2847/93 establishing a control system applicable to the common fisheries policy ;
“Northern Ireland fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Northern Ireland as the port to which the boat is to be treated as belonging;
“Northern Ireland zone” has the same meaning as in the Northern Ireland Act 1998 ;
“relevant British fishing boat” means a fishing boat (other than a Scottish fishing boat or a Northern Ireland fishing boat), which is registered in the United Kingdom under Part II of the Merchant Shipping Act 1995 or is owned wholly by persons qualified to own British ships for the purposes of that part of that Act;
“relevant offence” means an offence under:
article 3, or
any provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, being a provision in respect of which, by virtue of section 30(2A) of the Fisheries Act 1981, proceedings may be commenced in any place in the United Kingdom;
“Scottish fishing boat” means a fishing boat which is registered in the register maintained under section 8 of the Merchant Shipping Act 1995 and whose entry in the register specifies a port in Scotland as the port to which the boat is to be treated as belonging;
“Scottish zone” has the same meaning as in the Scotland Act 1998 .
“specified Community provision” means a provision of the Council Regulation specified in column 1 of Schedule 1 or 2 to this Order as read with any qualifying words relating to that provision in that column; and
“third country fishing boat” means a fishing boat flying the flag of and registered in a state other than a Member State of the European Community.
2
In this Order —
a
the term “within relevant British fishery limits” does not include —
i
the Scottish zone;
ii
the Northern Ireland zone;
iii
the territorial sea adjacent to Wales;
iv
the territorial sea adjacent to the Isle of Man;
v
the territorial sea adjacent to the Bailiwick of Jersey; and
vi
seas within British fishery limits adjacent to Guernsey, as defined by section 8 of the Fishery Limits Act 1976 as extended to Guernsey;
b
any reference to any relevant British fishing boat “wherever it may be” does not include such a fishing boat while in the territorial sea adjacent to Wales;
c
any reference to a document, logbook or declaration includes, in addition to a document, logbook or declaration in writing —
i
any map, plan, graph or drawing;
ii
any photograph;
iii
any data, howsoever reproduced, communicated via a satellite-based vessel monitoring system established under Article 3.1 of Regulation 2847/93;
iv
any disk, tape, sound track or other device in which sounds or other data (not being visual images) are recorded so as to be capable (with or without the aid of some other equipment) of being reproduced therefrom; and
v
any film (including microfilm), negative, tape, disk or other device in which one or more visual images are recorded so as to be capable (as aforesaid) of being reproduced therefrom.
3
In this Order —
a
any reference to a Community instrument is a reference to that instrument as amended on the date this Order is made; and
b
any reference to an article shall, unless the context otherwise requires, be construed as a reference to an article of this Order.
4
For the purpose of the prohibition contained in paragraph 1 of Annex IV to the Council Regulation (which prohibits the landing of herring unsorted from the remainder of the catch at a harbour where adequate sampling programmes are not in place), a harbour in England shall not be regarded as having in place a system which is adequate for sampling a catch that includes unsorted herring unless, before the landing of the catch in question, —
a
the master of the fishing boat in question has applied to a British sea-fishery officer at the harbour in question for a decision as to the suitability of that harbour for landing the catch on that boat; and
b
the British sea-fishery officer has decided that the sampling systems at the harbour are adequate, having regard to the overall size and characteristics of the catch, for the purpose of monitoring effectively the landing of that catch, and has so notified the master.
Offences
3
1
Where there is, in respect of —
a
any relevant British fishing boat wherever it may be, or
b
any other fishing boat which is within relevant British fishery limits,
a contravention of, or failure to comply with, any specified Community provision in column 1 of Schedule 1 to this Order, the master, the owner and the charterer (if any) shall each be guilty of an offence.
2
Where there is, in respect of any third country fishing boat to which any specified Community provision in column 1 of Schedule 2 to this Order applies which is within relevant British fishery limits, a contravention of, or failure to comply with, that specified Community provision, the master, the owner and the charterer (if any) shall each be guilty of an offence.
Penalties
4
A person found guilty in England of an offence under article 3(1) or (2), or under any equivalent provision in any other order extending to any part of the United Kingdom, proceedings in respect of which were brought in England by virtue of section 30(2A) of the Fisheries Act 1981, shall be liable —
a
on summary conviction to a fine not exceeding the amount specified —
i
in respect of an offence under article 3(1), in column 3 of Schedule 1 to this Order, or
ii
in respect of an offence under article 3(2), in column 3 of Schedule 2 to this Order,
in relation to the specified Community provision, the contravention of which or failure to comply with which founded the offence: and
b
on conviction on indictment, to a fine.
Recovery of fines
5
1
Where a fine is imposed by a magistrates' court in England on the master, owner or charterer, or a member of the crew, of a fishing boat who is convicted by the court of a relevant offence or an offence under article 10, the court may —
a
issue a warrant of distress against the boat involved in the commission of the offence and its gear and catch and any property of the person convicted for the purpose of levying the amount of the fine; and
b
order that boat and its gear and catch to be detained for a period not exceeding three months from the date of the conviction or until the fine is paid or the amount of the fine is levied in pursuance of any such warrant, whichever occurs first.
2
Sections 77(1) and 78 of the Magistrates' Courts Act 1980 (postponement of issue of, and defects in, warrants of distress) shall apply to a warrant of distress issued under this article in England as they apply to a warrant of distress issued under Part III of that Act.
3
Where in relation to a fine in respect of a relevant offence an order under Article 95 of the Magistrates' Courts (Northern Ireland) Order 1981 or section 222 of the Criminal Procedure (Scotland) Act 1995 (both of which deal with transfer of fines from one jurisdiction to another) specifies a petty sessions area in England this article shall apply as if the fine were imposed by a court within that petty sessions area or petty sessions district.
Powers of British sea-fishery officers in relation to fishing boats
6
1
For the purpose of enforcing the provisions of article 3(1) or (2), or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any British sea-fishery officer may exercise the powers conferred by paragraphs (2) to (4) below in relation to —
a
any relevant British fishing boat wherever it may be; and
b
any other fishing boat which is within relevant British fishery limits.
2
He may go on board the boat, with or without persons assigned to assist him in his duties, and may require the boat to stop and do anything else which will facilitate either the boarding of, or the disembarkation from, the boat.
3
He may require the attendance of the master and other persons on board the boat and may make any examination and inquiry which appears to him to be necessary for the purpose mentioned in paragraph (1) above and, in particular —
a
may search for fish or fishing gear on the boat and may examine any fish on the boat and the equipment of the boat, including the fishing gear, and require persons on board the boat to do anything which appears to him to be necessary for facilitating the examination;
b
may require any person on board the boat to produce any document (relating to the boat, to any fishing operations or other operations ancillary thereto or to the persons on board) which is in that person’s custody or possession;
c
for the purpose of ascertaining whether a relevant offence has been committed, may search the boat for any such document and may require any person on board the boat to do anything which appears to him to be necessary for facilitating the search;
d
may inspect and take copies of any such document produced to him or found on board and, where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
e
where the boat is one in relation to which he has reason to suspect that a relevant offence has been committed, may seize and detain any such document produced to him or found on board for the purpose of enabling the document to be used as evidence in proceedings for the offence;
but nothing in sub-paragraph (e) above shall permit any document required by law to be carried on board the boat to be seized and detained except while the boat is detained in a port.
4
Where it appears to a British sea-fishery officer that a relevant offence has at any time been committed, he may —
a
require the master of the boat in relation to which the offence took place to take, or may himself take, the boat and its crew to the port which appears to him to be the nearest convenient port; and
b
detain or require the master to detain the boat in the port;
and where such an officer detains or requires the detention of a boat he shall serve on the master a notice in writing stating that the boat will be or is required to be detained until the notice is withdrawn by the service on the master of a further notice in writing signed by a British sea-fishery officer.
Powers of British sea-fishery officers on land
7
1
For the purpose of enforcing the provisions of article 3(1) or (2), or any equivalent provision in any other order extending to any part of the United Kingdom made for the purposes of implementing a specified Community provision, any British sea-fishery officer may in England —
a
enter and inspect at any reasonable time any premises used for carrying on any business in connection with the operation of fishing boats or activities connected therewith or ancillary thereto or with the treatment, storage or sale of fish;
b
take with him such other persons as appear to him to be necessary and any equipment or materials;
c
examine any fish on the premises and require persons on the premises to do anything which appears to him to be necessary for facilitating the examination;
d
carry out at such premises such other inspections or tests as may reasonably be necessary;
e
require any person not to remove or cause to be removed any fish from such premises for such a period as may be reasonably necessary for the purposes of establishing whether a relevant offence has at any time been committed;
f
require any person on the premises to produce any documents which are in that person’s custody or possession relating to the catching, landing, transportation, trans-shipment, sale or disposal of any sea fish;
g
for the purpose of ascertaining whether any person on the premises has committed a relevant offence, search the premises for any such document and require any person on the premises to do anything which appears to him to be necessary for facilitating the search including rendering all documents on computer systems into a visible and legible form;
h
inspect and take copies of any such document produced to him or found on the premises and where any such document is kept by means of a computer, require it to be produced in a form in which it may be taken away; and
i
if he has a reason to suspect that a relevant offence has been committed, seize and detain any such document produced to him or found on the premises for the purpose of enabling the document to be used as evidence in proceedings for the offence.
2
The provisions of paragraph (1) above shall also apply in relation to any land used in connection with any of the activities described in paragraph (1) above, and in respect of any vehicle which a British sea-fishery officer has reasonable cause to believe is being used to transport fisheries products, as they apply in relation to premises and, in the case of a vehicle, shall include power to require the vehicle to stop at any time and, if necessary, direct the vehicle to some other place to facilitate the inspection.
3
If in England a justice of the peace on sworn information in writing is satisfied —
a
that there is reasonable ground to believe that any documents or other items which a British sea-fishery officer has power under this article to inspect are on any premises and that their inspection is likely to disclose evidence of the commission of a relevant offence, and
b
either —
i
that admission to the premises has been or is likely to be refused and that notice of intention to apply for a warrant has been given to the occupier, or
ii
that an application for admission or the giving of such notice would defeat the object of the entry, or that the premises are unoccupied, or that the occupier is temporarily absent and it might defeat the object of the entry to await his return,
the justice may by warrant signed by him, and valid for one month, authorise a British sea-fishery officer to enter the premises, if need be by reasonable force, and take with him such persons as appear to him to be necessary.
Powers of British sea-fishery officers to seize fish and fishing gear
8
1
This article applies —
a
in England,
b
to any relevant British fishing boat wherever it may be, and
c
to any other fishing boat which is within relevant British fishery limits.
2
Where this article applies, any British sea-fishery officer may seize —
a
any fish (including any receptacle which contains the fish) in respect of which he has reasonable grounds to suspect that a relevant offence has been committed; and
b
any net or other fishing gear which he has reasonable grounds to suspect has been used in the course of the commission of such an offence.
Protection of officers
9
An officer or a person assisting him by virtue of article 6(2), 7(1)(b) or 7(3) shall not be liable in any civil or criminal proceedings for anything done in the purported exercise of the powers conferred on him by articles 6 to 8 if the court is satisfied that the act was done in good faith, that there were reasonable grounds for doing it and that it was done with reasonable skill and care.
Obstruction of officers
10
1
Any person who —
a
fails without reasonable excuse to comply with any requirement imposed by a British sea-fishery officer under the powers conferred on British sea-fishery officers by article 6, 7 or 8;
b
without reasonable excuse prevents, or attempts to prevent, any other person from complying with any such requirement; or
c
assaults an officer who is exercising any of the powers conferred on him by article 6, 7 or 8 or intentionally obstructs any such officer in the exercise of any of those powers,
shall be guilty of an offence.
2
A person guilty of an offence under paragraph (1) is liable —
a
on summary conviction to a fine not exceeding the statutory maximum; or
b
on conviction on indictment to a fine.
Provisions as to offences
11
1
Where any offence under article 3(1) committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in any such capacity, he as well as the body corporate shall be guilty of the offence and liable to be proceeded against and punished accordingly.
2
Where any offence under article 3(1) committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership shall be guilty of the offence and liable to be proceeded against and punished accordingly.
3
Where any offence under article 3(1) committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body, he as well as the association shall be guilty of the offence and liable to be proceeded against and punished accordingly.
Admissibility in evidence of logbooks and other documents
12
1
Any —
a
logbook kept under Article 6, 17.2 or 28c;
b
declaration submitted under Article 8.1, 12, 17.2 or 28f;
c
effort report completed under Articles 19b and 19c;
d
document drawn up under Article 9 or 13;
e
document containing required information received by a fisheries monitoring centre established under Article 3.7,
of Regulation 2847/93 shall, in any proceedings in England for a relevant offence, be evidence of the matters stated therein.
2
For the purpose of paragraph (1) above, “required information” shall mean —
a
a fishing boat’s identification,
b
the most recent geographical position of the fishing boat expressed in degrees and minutes of longitude and latitude, and
c
the date and time of the fixing of that position,
as communicated via a satellite-based vessel monitoring system established under Article 3(1) of Regulation 2847/93.
Revocation
13
The Sea Fishing (Enforcement of Community Quota and Third Country Fishing Measures) Order 2002 is revoked insofar as it relates to England.
Elliot Morley
Parliamentary Under Secretary,
Department for Environment, Food and Rural Affairs
10th March 2003
Paul Murphy
Secretary of State for Northern Ireland
17th March 2003


text:
Citation, commencement and effect
1
1
This Order may be cited as the Life Assurance (Apportionment of Receipts of Participating Funds) (Applicable Percentage) Order 2003 and shall come into force on 7th August 2003.
2
This Order has effect for periods of account ending on or after 7th August 2003.
Determination of applicable percentage
2
The applicable percentage for the purposes of subsection (3) of section 432E of the Income and Corporation Taxes Act 1988 is —
A × 100 B per cent.
Here —
A is the net amount referred to in subsection (1) of that section as brought into account for the period in question for the purposes of section 83(2) of the Finance Act 1989 in respect of the relevant business less the part of that net amount which is attributable to linked assets, and
B is the mean of the opening and closing liabilities of the relevant business reduced by the opening and closing values of any assets of the relevant business which are linked assets.
Revocations
3
The following orders are revoked —
a
the Life Assurance (Apportionment of Receipts of Participating Funds) (Applicable Percentage) Order 1990 ;
b
the Life Assurance (Apportionment of Receipts of Participating Funds) (Applicable Percentage) (Amendment) Order 1990 ;
c
the Life Assurance (Apportionment of Receipts of Participating Funds) (Applicable Percentage) (Amendment) Order 1995 ;
d
the Life Assurance (Apportionment of Receipts of Participating Funds) (Applicable Percentage) (Amendment) Order 1998 .
Jim Murphy
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
17th July 2003


text:
Citation and interpretation
1
1
This Order may be cited as the Adoption and Children Act 2002 (Commencement No. 2) Order 2003.
2
In this Order “ the Act ” means the Adoption and Children Act 2002.
Appointed day
2
3rd February 2003 is the appointed day for the coming into force of the following provisions of the Act —
a
paragraph 53 of Schedule 3 to the Act (the Adoption (Northern Ireland) Order 1987 ( S.I. 1987/2203 (N.I. 22) )) and section 139(1) of the Act in so far as it relates to that paragraph;
b
sub-paragraph (1) of paragraph 4 of Schedule 4 to the Act (regulation of adoption agencies) and section 139(2) of the Act in so far as it relates to that sub-paragraph.
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
3rd February 2003


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Royal Hospital of St. Bartholomew, the Royal London Hospital and London Chest Hospital National Health Service Trust (Establishment) Amendment Order 2003 and shall come into force on 20th June 2003.
2
In this Order —
“the Establishment Order ” means the Royal Hospital of St. Bartholomew, the Royal London Hospital and London Chest Hospital National Health Service Trust (Establishment) Order 1994 ; and
“ the trust ” means the National Health Service Trust established by the Establishment Order.
Increase in the number of non-executive directors of the trust
2
In article 4(1) of the Establishment Order (directors of the trust) the words “5 non-executive directors” shall be replaced by “6 non-executive directors”.
Signed by authority of the Secretary of State
John Hutton
Minister of State,
Department of Health
9th June 2003