text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Financial Services and Markets Act 2000 (Transitional Provisions) (Complaints Relating to General Insurance and Mortgages) (Amendment) Order 2004.
2
This Order comes into force on 15th July 2004.
3
In this Order, “the principal Order ” means the Financial Services and Markets Act 2000 (Transitional Provisions) (Complaints Relating to General Insurance and Mortgages) Order 2004 .
Amendments to the principal Order
2
1
Article 1(3) of the principal Order is amended as follows.
2
In the definition of “new scheme”, for “(the ombudsman service)” substitute “(the ombudsman scheme)”.
3
In the definition of “relevant commencement date”, omit “the beginning of” from paragraphs (a) and (b).
3
1
Article 2(1) of the principal Order is amended as follows.
2
Insert “on or” before “after the relevant commencement date”.
4
Article 10 of the principal Order is revoked.
5
1
Article 11(5) of the principal Order is amended as follows.
2
For “after commencement” substitute “on or after the relevant commencement date”.
Insertion of article 12 of the principal Order
6
After article 11 of the principal Order, insert —
Application of rules etc. in relation to relevant matters
12
1
If the Authority proposes to make any rules or give guidance in relation to relevant matters, sections 155 and 157(3) of the Act do not apply to the proposed rules or guidance.
2
When the scheme operator proposes to make any scheme rules in relation to relevant matters, sub-paragraphs (4) to (6) of paragraph 14 of Schedule 17 to the Act do not apply to the proposed rules.
3
In this article, “relevant matters” means —
a
the effect of this Order;
b
the application of rules or guidance made or to be made before the relevant commencement date relating to relevant transitional complaints.
.
Jim Murphy
Joan Ryan
Two of the Lords Commissioners of Her Majesty’s Treasury
24th June 2004


type: legislation

jurisdiction: UK

text:
Citation, commencement and interpretation
1
These Regulations may be cited as the Education (Company Directors Disqualification Act 1986: Amendments to Disqualification Provisions) (England) Regulations 2004 and shall come into force on 28th January 2005.
Disqualification Provisions
2
The Schedule to these Regulations (which makes amendments to provisions relating to the grounds on which individuals are disqualified from holding certain offices under education legislation) shall have effect.
David Miliband
Minister of State
Department for Education and Skills
9th December 2004


text:
Citation and commencement
1
These Regulations may be cited as the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Amendment Regulations 2004 and shall come into force on 1st March 2004.
Amendment of Regulations
2
In Schedule 1 to the Primary Care Trusts (Membership, Procedure and Administration Arrangements) Regulations 2000 (Special Health Authorities of which the chairman and members are not disqualified under regulation 5(1)(e)), after “National Treatment Agency” insert “ NHS Professionals Special Health Authority” and “ NHSU ” .
Signed by authority of the Secretary of State for Health
John Hutton
Minister of State,
Department of Health
8th January 2004


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) (England) (No.2) Order 2004 and shall come into force on 18th October 2004.
Designation as a public body
2
District Surveyors Association Local Authority Building Control Advisory Services Limited (“ LABCAS ”), being a person appearing to the Secretary of State to be exercising a function of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970, in its application to England .
Restrictions on agreements
3
Agreements which may be entered into by LABCAS by virtue of this Order shall be subject to the following restrictions —
a
that any such agreements are for the supply of any administrative, professional or technical building control services by a local authority;
b
that any such agreements are made for the provision of services to the Ministry of Defence (“ MOD ”) or to a person undertaking building work or associated consultancy services on behalf of the MOD, in connection with the building project known as “Single Living Accommodation Modernisation Scheme”(“ SLAM ”); and
c
that any such agreements are made in connection with the provision of services where the SLAM project building work is undertaken in England and Wales.
Signed by authority of the First Secretary of State
Phil Hope
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
21st September 2004


text:
1
This scheme may be cited as the M11 Motorway (Thremhall Avenue Connecting Roads) Scheme 2004 and shall come into force on 15th March 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 along a route described in the Schedule to this Scheme;
ii
“the northbound slip road” and “the southbound slip road” means respectively the special roads numbered C and D described in the Schedule to The M11 Motorway (Junction 8) Connecting Roads Scheme 2001 ;
iii
“the plan” means the plan numbered HA16/MP/006, marked “The M11 Motorway (Thremhall Avenue Connecting Roads) Scheme 2004”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA; and
iv
“the special roads” means each connecting road.
3
The Secretary of State is authorised to provide the special roads 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 each of the special roads is indicated by a heavy black line on the plan.
5
Each of the special roads shall become a trunk road on the date when this Scheme comes into force.
Signed by authority of the Secretary of State for Transport
P Wallwork
Divisional Director Highways Agency
20th February 2004


text:
Citation
1
This Order may be cited as the Waste And Emissions Trading Act 2003 (Commencement No. 2) (England) Order 2004.
Commencement
2
As regards England, section 35(a) of the Waste and Emissions Trading Act 2003 shall come into force on 1st January 2005.
Elliott Morley
Minister of State
Department for Environment, Food and Rural Affairs
13th December 2004


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Child Minding and Day Care (Disclosure Functions) (England) Regulations 2004 and shall come into force on 30 th December 2004.
2
These Regulations apply only in relation to England.
Interpretation
2
In these Regulations —
“ the Act ” means the Children Act 1989;
“associate” means any person, other than a childcare provider —
looking after, or likely to be looking after, children on, or
living or employed or otherwise working on,
any relevant premises;
“authorised person” means a person authorised for any of the purposes of section 79U of the Act;
“childcare provider” means a child minder or a day care provider and includes a person who was a childcare provider but who, at the time of any request for, or provision of, information pursuant to these Regulations, is not providing childcare; and “childcare” shall be construed accordingly;
“early years development and childcare partnership” means a partnership established under section 119 of the School Standards and Framework Act 1998 ;
“enforcement action” includes the serving of any notice, and the imposition of any requirement or condition, upon a childcare provider, any suspension of registration and any application pursuant to section 75 or section 79K to a justice of the peace (protection of children in an emergency);
“local government area” has the meaning given in section 270 of the Local Government Act 1970 , save that the words “Greater London” shall be omitted for this purpose;
“relevant premises” means, in relation to a childcare provider, any premises on which he is, or is likely to be, or was at a material time, providing childcare;
“setting”, in relation to childcare, means the premises on which childcare takes place or, as the case may be, is intended to take place, or took place at a material time, together with any equipment and personnel associated with the provision of that childcare.
Function of disclosure of information
3
The Chief Inspector shall disclose information relating to child minding and day care in accordance with these Regulations.
General provisions in relation to the function of disclosure
4
1
Nothing in these Regulations shall be taken as requiring the Chief Inspector to disclose information, or as the case may be, further information —
a
in circumstances where he is not satisfied that the interests of a child, or children generally, will be served by the disclosure; or
b
subject to paragraph (2), on any occasion where the information, or further information, has already been disclosed by him to the person or organisation to whom it would fall to be disclosed; or
c
where the information, or further information, is available to that person or organisation by other means reasonably at their disposal; or
d
where to disclose the information would, in the opinion of the Chief Inspector, involve disproportionate effort or expense.
2
Paragraph (1)(b) shall not apply in the case of disclosure of information or further information —
a
under regulation 6 or 7 where the prior disclosure was made under regulation 8; or
b
under regulation 8 where the prior disclosure was made under regulation 6 or 7.
3
Nothing in these Regulations shall be taken as requiring the Chief Inspector —
a
to disclose information or, as the case may be, further information where it appears to him that the information is or may be sought in contemplation or furtherance of civil proceedings against him or any other person or body; or
b
to disclose information which he is required under any enactment other than the Data Protection Act 1998 , by any rule of law or by the order of a court not to disclose.
Disclosure to parents
5
1
In this regulation, “parent” means a person who is, or has been a parent of, or has, or has had, parental responsibility for, a child.
2
The Chief Inspector shall, in response to a written request by a parent of a child who is or, at any time prior to the request, was being —
a
looked after by a registered child minder; or
b
provided with care by a registered day care provider,
for information relating to that childcare provider, provide that parent with such information of a kind falling within paragraph (3) in his possession as he considers appropriate to meet that request.
3
The information referred to in paragraph (2) shall be —
a
information concerning the setting for the childcare provided by that childcare provider;
b
the date of, purpose of, and any conditions attaching to, the registration of the childcare provider;
c
information relating to the quality of the childcare obtained by an authorised person;
d
information as to any enforcement action taken against the childcare provider by the Chief Inspector, by an authorised person, or by a local authority acting under Part X of the Act.
4
Nothing in this regulation shall require the Chief Inspector to disclose to the parent the following information —
a
information as to the identity of a child other than a child of the parent without the consent of a parent of the child identified;
b
information as to the identity of a parent or relative of such a child, unless the parent or relative in question is the childcare provider, without the consent of the parent identified;
c
information which the Chief Inspector does not consider reliable having regard to its age, provenance or the degree of substantiation available to him in relation to it.
Disclosure to childcare organisations
6
1
In this regulation, “childcare organisation” means one of the organisations listed in the Schedule to these Regulations.
2
In this regulation,
“area”, except in the definition of “relevant qualification”, means geographical area;
“relevant childcare provider” means, in relation to a childcare organisation, a childcare provider who provides, or may, in the opinion of the Chief Inspector having regard to information at his disposal, be about to provide childcare within —
the area within which the childcare organisation provides its services; or
the areas of any childcare organisations that are adjacent to that area,
(and “relevant childcare” shall be construed accordingly);
“relevant qualification” means a qualification evidencing competence or level of competence in an area that is, or areas that are, or in the opinion of the Chief Inspector may be, relevant to the assessment of the childcare provider’s suitability; and
“relevant services” means services of the childcare organisation acting in that capacity provided to the public within an area within which the childcare provider provides or may, in the opinion of the Chief Inspector having regard to information at his disposal, be about to provide childcare.
3
The Chief Inspector shall provide a childcare organisation —
a
at reasonable intervals, and otherwise
b
in response to a request in writing from that organisation,
with so much of the information listed in sub-paragraph (4) as is in his possession relating to relevant childcare providers.
4
The information referred to in sub-paragraph (3) is —
a
the names of the childcare providers; and
b
in relation to each childcare provider —
i
any unique reference number or other identifier used by the Chief Inspector;
ii
the date and purpose of registration, in so far as it relates to the provision of relevant childcare;
iii
the date and number of any current certificate of registration;
iv
the business name, if any, under which the childcare is, or is to be, provided;
v
the address of the childcare provider;
vi
the address, if different from the address at (v), of any premises at which relevant childcare is, is to be, or may be provided
vii
any telephone number, fax number or e-mail address of the childcare provider or of the premises supplied to the Chief Inspector by the childcare provider;
viii
any relevant qualifications.
5
The Chief Inspector shall, upon the taking of any enforcement action against a childcare provider by the Chief Inspector or by an authorised person, provide to any childcare organisation he considers appropriate information of the kind falling within sub-paragraph (7)(d).
6
The Chief Inspector shall, in response to a written request from a childcare organisation providing relevant services for information relating to a childcare provider named in the request, provide that organisation with such information of a kind falling within paragraph (7) in his possession as he considers appropriate to meet that request.
7
The information referred to in paragraphs (5) and (6) shall be —
a
information concerning the setting for relevant childcare provided by that childcare provider;
b
the date of, purpose of, and any conditions attaching to the registration of the childcare provider in respect of that childcare;
c
information relating to the quality of the childcare obtained by an authorised person;
d
information as to any enforcement action taken against the childcare provider by the Chief Inspector, by an authorised person, or by a local authority acting under Part X of the Act.
8
Nothing in this regulation shall require the Chief Inspector to disclose the following information —
a
information as to the identity of any child to whom childcare is or has been provided without the consent of a parent of the child identified;
b
information as to the identity of a parent or relative of such a child, unless the parent or relative in question is the childcare provider, without the consent of the parent identified;
c
information which the Chief Inspector does not consider reliable having regard to its age, provenance or the degree of substantiation available to him in relation to it.
9
For the purposes of paragraphs (3), (5) and (6), disclosure by the Chief Inspector to any person carrying out services of a childcare organisation on behalf of that organisation shall be treated as disclosure by the Chief Inspector to that organisation.
Disclosure to child protection agencies and police forces
7
1
In this regulation, “child protection agency” includes any body or authority exercising within the United Kingdom statutory functions relating to the protection of children.
2
The Chief Inspector shall, if he considers it appropriate having regard to the welfare of any child or children, disclose to such child protection agencies and police forces as he considers appropriate any information of a kind falling within paragraph (3).
3
The information referred to in paragraph (2) shall be —
a
information obtained in the course of ascertaining the suitability of a person to be a childcare provider or, as the case may be, an associate of a childcare provider;
b
information obtained by an authorised person;
c
information connected with any enforcement action taken against a childcare provider by the Chief Inspector, by an authorised person, or by a local authority acting under Part X of the Act.
4
Without prejudice to the generality of paragraph (2), the Chief Inspector shall, in response to a written request from a child protection agency or a police force for information relating to a person named in the request —
a
if that person is, or has been, a childcare provider or an associate of a childcare provider, or
b
if that person’s suitability to be a childcare provider or an associate of a childcare provider has been considered by him,
provide that agency or, as the case may be, that police force with such information of a kind falling within paragraph (5) in his possession as he considers appropriate to meet that request.
5
The information referred to in paragraph (4) shall be —
a
information concerning the setting for the childcare provided by that person;
b
if the person has at any time been a registered childcare provider, the date of, purpose of, and any conditions attaching to the registration;
c
information obtained in the course of considering the suitability of the person to be a childcare provider or, as the case may be, the associate;
d
other information about the person or, in the case of a person who has acted as a childcare provider, the setting in which the childcare was provided obtained by an authorised person;
e
information concerning any child receiving childcare from that person or in that setting;
f
information as to any enforcement action taken against the person by the Chief Inspector, by an authorised person or by a local authority acting under Part X of the Act.
6
For the purposes of paragraph (2), disclosure by the Chief Inspector or by an authorised person to any person having authority or ostensible authority to receive on behalf of a child protection agency or, as the case may be, a police force the information so disclosed shall be treated as disclosure by the Chief Inspector to the agency or police force in question.
Disclosure to other government departments and local authorities
8
1
In this regulation —
“government department” includes a Northern Ireland department and any body or authority exercising functions on behalf of the Crown; and
“local authority” means a local authority acting in pursuance of any of its statutory functions other than those functions to which regulation 6 relates.
2
The Chief Inspector shall, in response to a written request from another government department for information relating to a childcare provider named in the request, provide that government department with such information of a kind falling within paragraph (3) in his possession as he considers appropriate to meet that request.
3
The information referred to in paragraph (2) shall be information concerning —
a
the setting for the childcare provided by the childcare provider;
b
the date of, purpose of, and any conditions attaching to the registration of the childcare provider;
c
information relating to the quality of the childcare provided obtained by an authorised person;
d
information as to any enforcement action taken against the childcare provider by the Chief Inspector, by an authorised person or by a local authority acting under Part X of the Act.
4
Nothing in this regulation shall require the Chief Inspector to disclose the following information —
a
information as to the identity of any child to whom childcare is or has been provided without the consent of a parent of the child identified;
b
information as to the identity of a parent of such a child, unless the parent or relative in question is the childcare provider, without the consent of the parent identified;
c
information which the Chief Inspector does not consider reliable having regard to its age, provenance or the degree of substantiation available to him in relation to it.
5
The Chief Inspector shall, in response to a request in writing from another government department or a local authority, provide that department or authority with so much of the following information as is in his possession relating to childcare providers registered under section 79F of the Act at the date of the request as is needed to meet the request —
a
the names of the childcare providers; and
b
in relation to each childcare provider —
i
any unique reference number or other identifier used by the Chief Inspector;
ii
the date and purpose of registration, in so far as it relates to the provision of relevant childcare;
iii
the date and number of any current certificate of registration;
iv
the business name, if any, under which the childcare is, or is to be, provided;
v
the address of the childcare provider;
vi
the address, if different from the address at (v), of any premises at which relevant childcare is, is to be, or may be provided;
vii
any telephone number, fax number or e-mail address of the childcare provider or of the premises supplied to the Chief Inspector by the childcare provider; and
viii
any relevant qualifications.
6
The information that may be provided to a local authority under paragraph (5) shall be limited to such information as relates to childcare providers in the area administered by that authority and the local government areas adjacent to that area.
Margaret Hodge
Minister of State
Department for Education and Skills
25th November 2004


text:
Citation and commencement
1
1
This Order may be cited as the City of Salford (Electoral Changes) Order 2004.
2
This Order shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2004, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2004.
Interpretation
2
In this Order —
“city” means the city of Salford;
“existing”, in relation to a ward, means the ward as it exists on the date this Order is made; and
any reference to the map is a reference to the map marked “Map referred to in the City of Salford (Electoral Changes) Order 2004”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of Salford City Council.
Wards of the city of Salford
3
1
The existing wards of the city shall be abolished.
2
The city shall be divided into twenty wards which shall bear the names set out in the Schedule.
3
Each ward shall comprise the area designated on the map by reference to the name of the ward and demarcated by red lines; and the number of councillors to be elected for each ward shall be three.
4
Where a boundary is shown on the map as running along a road, railway line, footway, watercourse or similar geographical feature, it shall be treated as running along the centre line of the feature.
Elections of the council of the city of Salford
4
1
Elections of all councillors for all wards of the city shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the city immediately before the fourth day after the ordinary day of election of councillors in 2004 shall retire on that date and the newly elected councillors for those wards shall come into office on that date.
3
Of the councillors elected in 2004 for any ward of the city one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 for any ward of the city —
a
the first to retire shall, subject to paragraphs (5) and (6), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Maps
5
Salford City Council shall make a print of the map marked “Map referred to in the City of Salford (Electoral Changes) Order 2004” 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 city shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
7
The City of Salford (Electoral Arrangements) Order 1980 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 22nd day of January 2004
Sam Younger
Chairman of the Commission
22nd January 2004
Jacqui Dixon
Secretary to the Commission
22nd January 2004


text:
Citation and commencement
1
1
These Regulations may be cited as the Social Security (Claims and Payments) Amendment Regulations 2004.
2
These Regulations shall come into force —
a
in relation to regulations 1 and 3 on 1st April 2004;
b
in relation to regulation 2, in so far as it relates to a particular beneficiary, on the first day of the first benefit week to commence for that beneficiary on or after 12th April 2004, and for the purposes of this sub-paragraph, “benefit week” has the same meaning as in the Income Support (General) Regulations 1987 .
Amendment of paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987
2
In paragraph 4(2A) of Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (deduction from benefit and direct payments to third parties), for the amount “£17.50” in each place where it appears, there is substituted the amount “£18.10”.
Amendment of paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987
3
In paragraph 7 of Schedule 9A to the Social Security (Claims and Payments) Regulations 1987 (deductions of mortgage interest from benefit and payment to qualifying lenders), for the amount “£0.73” there is substituted the amount “£0.78”.
Signed by authority of the Secretary of State for Work and Pensions.
Maria Eagle
Parliamentary Under-Secretary of State,
Department for Work and Pensions
3rd March 2004


text:
Citation and commencement
1
1
This Order may be cited as the County of Staffordshire (Electoral Changes) Order 2004.
2
This Order, with the exception of article 4, shall come into force –
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of election of councillors in 2005, on the day after that on which it is made;
b
for all other purposes, on the ordinary day of election of councillors in 2005.
3
Article 4 shall come into force –
a
for the purpose of proceedings preliminary or relating to the election of a parish councillor for the parish of Rugeley to be held on the ordinary day of elections in 2007, on 15th October 2006;
b
for all other purposes, on the ordinary day of elections in 2007.
Interpretation
2
In this Order –
“county” means the county of Staffordshire;
“existing”, in relation to an electoral division or ward, means the electoral division or ward as it exists on the date this Order is made;
references to wards, unless the context otherwise requires, are references to district and borough wards in the county ;
any reference to the map is a reference to the map marked “Map referred to in the County of Staffordshire (Electoral Changes) Order 2004”, of which prints are available for inspection at –
the principal office of the Electoral Commission; and
the offices of Staffordshire County Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Electoral divisions of the county of Staffordshire
3
1
The existing electoral divisions of the county shall be abolished.
2
The county shall be divided into fifty-nine electoral divisions which shall bear the names set out in column (1) of the Schedule.
3
The electoral divisions shall comprise the areas described in column (2) of the Schedule by reference to wards, parishes, or parish wards or, where an area is not so described, the area designated on the map by reference to the name of the electoral division and demarcated by red lines; and the number of councillors to be elected for each electoral division shall be the number specified in respect of the electoral division 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 Rugeley
4
1
The existing wards of the parish of Rugeley shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Etching Hill, Hagley, Western Springs North and Western Springs South; and the wards shall comprise the areas designated on sheet 4 by reference to the name of the ward and demarcated by orange lines.
3
The number of councillors to be elected for the Etching Hill parish ward shall be seven, for each of the Hagley and Western Springs North parish wards shall be five and for the Western Springs South parish ward shall be two.
Maps
5
Staffordshire County Council shall make a print of the map marked “Map referred to in the County of Staffordshire (Electoral Changes) Order 2004” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
6
The Electoral Registration Officer for each district or borough in the county 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 County of Staffordshire (Electoral Arrangements) Order 1980 is revoked, save for article 5.
Sealed with the seal of the Electoral Commission on the 28th day of October 2004
Sam Younger
Chairman of the Commission
28th October 2004
Jacqui Dixon
Secretary to the Commission
28th October 2004


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Guardian’s Allowance Up-rating Regulations 2004 and shall come into force on 12th April 2004.
2
In these Regulations —
“the Great Britain Up-rating Order ” means the Child Benefit and Guardian’s Allowance Up-rating Order 2004 ;
“the Northern Ireland Up-rating Order ” means the Child Benefit and Guardian’s Allowance Up-rating (Northern Ireland) Order 2004 ; and
“the Up-rating Orders ” means the Great Britain Up-rating Order and the Northern Ireland Order.
Exceptions relating to payment of allowance by virtue of the Up-rating Orders
2
Neither section 155(3) of the Social Security Administration Act 1992 (effect of alteration of rates of benefit under, amongst other provisions, section 77 of the Social Security Contributions and Benefits Act 1992) nor section 135(3) of the Social Security Administration (Northern Ireland) Act 1992 shall apply if a question arises as to either —
a
the weekly rate at which guardian’s allowance is payable by virtue of either of the Up-rating Orders, or
b
whether the conditions for receipt of that allowance at the altered rate are satisfied,
until that question has been determined in accordance with the provisions of section 8 of the Social Security Act 1998 or Article 9 of the Social Security (Northern Ireland) Order 1998 (as the case may be).
Persons not ordinarily resident in either Great Britain or Northern Ireland
3
Regulation 5 of the Social Security Benefit (Persons Abroad) Regulations 1975 and regulation 5 of the Social Security Benefit (Persons Abroad) Regulations (Northern Ireland) 1978 (application of disqualification in respect of up-rating of benefit) shall apply to any additional benefit payable by virtue of either of the Up-rating Orders.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
30th March 2004