text:
Citation and commencement
1
These Regulations may be cited as the Income Tax (Employments) (Amendment) Regulations 2003 and shall come into force on 20th October 2003.
Amendment of the Income Tax (Employments) Regulations 1993
2
Amend the Income Tax (Employments) Regulations 1993 as follows.
3
1
Amend regulation 2D as follows.
2
In paragraphs (1) to (3) —
a
at the beginning of each paragraph insert “Subject to paragraph (4),”; and
b
in each paragraph for the words “an authorised” substitute “a”.
3
after paragraph (3) insert —
4
For the purpose of this regulation the delivery of information must use an approved method of electronic communication.
4
1
Amend regulation 3 as follows.
2
In paragraph (1) at the beginning insert —
Subject to paragraph (6),
.
3
After paragraph (5) add —
6
An election made under this regulation shall be disregarded if within 60 days of the election being made an officer of the Board issues a notice to the employer stating that it appears to him that the election is made wholly or mainly for an improper purpose (“an improper purpose notice”).
7
For the purpose of this regulation an election is made for an improper purpose if it is made for the purpose of —
a
avoiding the requirement imposed by regulation 42A of these Regulations;
b
avoiding the requirement imposed by regulation 46ZC of these Regulations; or
c
receiving an incentive payment under the Income Tax (Incentive Payments for Voluntary Electronic Communication of PAYE Returns) Regulations 2003 .
8
An employer may appeal against an improper purpose notice —
a
by notice to an officer of the Board,
b
within 30 days of the issue of the improper purpose notice,
c
on the grounds that —
i
the election was not made wholly or mainly for an improper purpose, or
ii
the improper purpose notice was not issued within 60 days of the election, and if the appeal is successful the improper purpose notice shall be withdrawn.
9
Regulation 46ZH applies to appeals under paragraph (8).
.
5
At the end of regulation 40(1) add “or, where payment is made by an approved method of electronic communications in respect of emoluments paid after 5th April 2004, within 17 days of the end of every income tax month”.
6
In regulation 41(1) after “income tax quarter” insert “or, where payment is made by an approved method of electronic communications in respect of emoluments paid after 5th April 2004, within 17 days of the end of every income tax  quarter,”.
7
After regulation 42 insert —
Mandatory electronic payment
42A
1
A large employer to whom an e-payment notice has been issued by 31st December following the specified date is required to use an approved method of electronic communications for the making of specified payments.
2
For the purposes of —
a
this regulation and regulation 42B, “specified payments” are payments of tax the employer is due to make under regulation 40 in respect of payments of emoluments in the year following that in which the specified date occurs;
b
this regulation, regulation 42B and regulation 46ZD, “a large employer” is a person treated as paying PAYE income to 250 or more recipients at the specified date;
c
this regulation —
i
“e-payment notice” means a notice issued in respect of a year by an officer of the Board stating that the person appears to be a large employer and accordingly is required to use an approved method of electronic communications for the making of specified payments;
ii
“the specified date” means such date in the preceding year as is announced annually by means of a direction given by the Board not later than 30th November of the preceding year;
iii
“the preceding year” means the year preceding the year in which were paid the emoluments to which the specified payments relate.
3
A person is treated as paying PAYE income to a recipient at the specified date where —
a
he is required at that date by these Regulations or by regulation 6(6) of the Working Tax Credit (Payment by Employers) Regulations 2002 to prepare or maintain a deductions working sheet in respect of the recipient, and
b
he has not sent, transmitted or delivered to the inspector a statement required by regulation 23 for the recipient.
4
A person may appeal against an e-payment notice —
a
by notice to an officer of the Board,
b
within 30 days of the issue of the e-payment notice,
c
on the grounds that the person is not a large employer, and if the appeal is successful the e-payment notice shall be withdrawn.
5
The Board may give specific or general directions —
a
suspending, for any period during which the use of an approved method of electronic communications for the making of payments is impossible or impractical, any requirement imposed by these Regulations relating to the use of such means;
b
substituting alternative requirements for the suspended ones; and
c
making any provision that is necessary in consequence of the imposition of the substituted requirements.
Default surcharge
42B
1
Subject to paragraph (4), a person is in default in respect of a specified payment required to be made by an approved method of electronic communications in accordance with regulation 42A where the payment is not received in full by the collector on or before the applicable due date.
2
For the purpose of this regulation the applicable due date in relation to any specified payment is the date on which payment is required in accordance with regulation 40.
3
For the purposes of paragraph (1), a payment is not treated as received in full by the collector on or before the applicable due date unless it is made in such manner as secures (in a case where the payment is made otherwise than in cash) that, on or before the applicable due date for payment of that amount, all transactions can be completed that need to be completed before the whole amount of the payment becomes available to the collector.
4
Subject to paragraph (5), paragraph (1) does not apply if the employer had a reasonable excuse for failing to make the specified payment in such manner as secures it is received in full by the collector on or before the applicable due date and the payment is received in full by the collector without unreasonable delay after the excuse ceased.
5
Inability to pay the specified payment is not a reasonable excuse for the purposes of paragraph (4).
6
An officer of the Board shall issue a default notice to any person who appears to be in default in respect of a specified payment.
7
A person may appeal against a default notice —
a
by notice to an officer of the Board,
b
within 30 days of the issue of the default notice,
c
on the grounds that —
i
the person is not in default; or
ii
subject to paragraph (8), the person is not a large employer, and if the appeal is successful the default notice shall be withdrawn.
8
Paragraph (7)(c)(ii) does not apply where following an appeal under regulation 42A(5) the notice was not withdrawn.
9
A person in default in respect of any specified payment to whom a default notice and a surcharge notice have been issued is liable to a surcharge equal to the aggregate of the surcharges in respect of every default relating to the year in which were paid the emoluments to which the specified payments relate, calculated in accordance with paragraph (10).
10
For the purpose of paragraph (9), the surcharge in respect of each default is equal to a specified percentage of the total of —
A - B,
where —
A is the total amount of tax due for the year in which were paid the emoluments to which the specified payment relates;
B is the total of the amounts deducted from the total amount of tax due for the year in which were paid the emoluments to which the specified payment relates under —
rule 1 of regulation 7(2) of the Working Tax Credit (Payment by Employers) Regulations 2002 ;
regulations 3 and 5 of the Statutory Paternity Pay and Statutory Adoption Pay (Administration) Regulations 2002 ;
regulations 4, 5 and 6 of the Statutory Maternity Pay (Compensation of Employers) and Miscellaneous Amendment Regulations 1994 ; and
regulation 44B of the Income Tax (Sub-contractors in the Construction Industry) Regulations 1993 ;
the specified percentage is determined by reference to the number of the defaults during the surcharge period in accordance with the Table below;
Table
Default number (within the surcharge period) Specified percentage
First 0% Second 0% Third 0.17% Fourth 0.17% Fifth 0.17% Sixth 0.33% Seventh 0.33% Eighth 0.33% Ninth 0.58% Tenth 0.58% Eleventh 0.58% Twelfth and subsequent defaults 0.83%
and
the surcharge period is a period which —
begins on the day following the applicable due date for the first specified payment in respect of which the person is in default, and
ends at the end of a year in which the person has not been in default in respect of any specified payment.
11
For the purposes of this regulation, a surcharge notice is a notice issued by an officer of the Board within six years of the end of the year or, if earlier, of the employer rendering a return in accordance with regulation 43 , to a person liable to a surcharge showing the total surcharge liability for all the defaults relating to that year.
12
A person may appeal against a surcharge notice —
a
by notice to an officer of the Board,
b
within 30 days of the issue of the surcharge notice,
c
on the grounds that —
i
subject to paragraph (13), the number of defaults stated in the notice is incorrect; or
ii
the amount of the surcharge is incorrect.
13
Paragraph (12)(c)(i) does not apply in respect of a disputed default which has already been the subject of an appeal under paragraph (7) following which the notice was not withdrawn.
14
Subject to paragraphs (12) and (15), the provisions of Parts 4, 5 and 6 of the Management Act apply to the surcharge notice as if it were an assessment and the amount of the surcharge was tax charged by the assessment.
15
On an appeal under paragraph (12), section 50(6) to (8) of the Management Act shall not apply but the Commissioners may —
a
if it appears to them that no surcharge has been incurred, set the surcharge notice aside,
b
if the amount of the total surcharge liability appears to them to be correct, confirm the surcharge notice, or
c
if the amount of the total surcharge liability appears to them to be incorrect, increase or reduce it to the correct amount.
16
A surcharge payable under this regulation is payable 30 days after the issue of the surcharge notice.
17
Section 102 of the Management Act (mitigation of penalties) applies to a surcharge payable under this regulation as if it were a penalty.
.
8
After regulation 46ZB insert —
Mandatory use of electronic communications
46ZC
1
Specified persons are required to —
a
transmit the specified information electronically to the inspector or, if so required, the collector, or
b
deliver the specified information by an approved means of electronic communication to an official computer system.
2
The specified information may be transmitted or delivered in accordance with paragraph (1) either by the specified person or by another person on his behalf.
3
The Board may make a general or specific direction requiring a specified person to transmit the specified information electronically or to deliver it by an approved means of electronic communication.
4
References in regulations 46ZC to 46ZG to information and to the delivery of information shall be construed in accordance with section 135(8) of the Finance Act 2002 .
Specified persons
46ZD
1
A specified person for the purposes of these Regulations is an employer who satisfies the description specified in paragraph (2) or (3) and to whom an e-filing notice has been issued by 31st December following the specified date.
2
The description specified in this paragraph is that the employer —
a
is a large employer;
b
is not an individual who is a practising member of a religious society or order whose beliefs are incompatible with the use of electronic communication;
c
is not a partnership where all the partners are practising members of a religious society or order whose beliefs are incompatible with the use of electronic communication; and
d
is not a company where all the directors and the company secretary are practising members of a religious society or order whose beliefs are incompatible with the use of electronic communication.
3
The description specified in this paragraph is that the employer —
a
is a large or medium sized employer;
b
is not an individual who is a practising member of a religious society or order whose beliefs are incompatible with the use of electronic communication;
c
is not a partnership where all the partners are practising members of a religious society or order whose beliefs are incompatible with the use of electronic communication; and
d
is not a company where all the directors and the company secretary are practising members of a religious society or order whose beliefs are incompatible with the use of electronic communication.
4
For the purposes of this regulation —
a
“company” means any body corporate or unincorporated association but does not include a partnership;
b
“a large employer” has the meaning given in regulation 42A(2)(b);
c
“a large or medium sized employer” is a person treated as paying PAYE income to 50 or more recipients at the specified date;
d
a person is treated as paying PAYE income in the circumstances specified in regulation 42A(3);
e
“e-filing notice” means a notice issued in respect of a year by an officer of the Board stating that the employer satisfies the description in paragraph (2) or (3) and accordingly is required to use electronic communications for the delivery of specified information;
f
“the specified date” means such date in the preceding year as is announced annually by means of a direction given by the Board not later than [30th November] of the preceding year;
g
“the preceding year” means the year preceding that to which the specified information relates.
5
An employer may appeal against an e-filing notice —
a
by notice to an officer of the Board,
b
within 30 days of the issue of the e-filing notice,
c
on the grounds that the employer does not satisfy the description specified, and if the appeal is successful the e-filing notice shall be withdrawn.
Specified information
46ZE
1
Subject to paragraph (2), specified information for the purposes of these Regulations is the return and accompanying information required by virtue of regulation 43 of these Regulations (return by employer at end of year) —
a
for the tax year ending on 5th April 2005, in relation to employers who satisfy the description specified in paragraph (2) of regulation 46ZD; and
b
for the tax year ending on 5th April 2006 and thereafter, in relation to employers who satisfy the description specified in paragraph (3) of regulation 46ZD.
2
Specified information does not include information that is supplied in accordance with the provisions and arrangements within regulation 102 of these Regulations (provision for direct collection).
Standards of accuracy and completeness
46ZF
1
Specified information delivered by means of electronic communications must meet the standards of accuracy and completeness set by specific or general directions given by the Board.
2
Where the specified information delivered by means of electronic communications fails to meet the standard specified in paragraph (1), that information shall be treated as not having been delivered.
Penalties
46ZG
1
Subject to paragraph (2), where a specified person or another person on his behalf fails to deliver all or any part of the specified information in accordance with regulation 46ZC(1) he shall be liable to a penalty in accordance with the tables below.
Table 1
Penalty table in relation to specified information relating to the tax year ending 5th April 2005
Number of employees for whom particulars should have been included with the specified information Penalty
1 to 249 nil 250 to 399 £900 400 to 499 £1200 500 to 599 £1500 600 to 699 £1800 700 to 799 £2100 800 to 899 £2400 900 to 999 £2700 1000 or more £3000
Table 2
Penalty table in relation to specified information relating to the tax years ending 5th April 2006 to 2009
Number of employees for whom particulars should have been included with the specified information Penalty
1 to 49 nil 50 to 249 £600 250 to 399 £900 400 to 499 £1200 500 to 599 £1500 600 to 699 £1800 700 to 799 £2100 800 to 899 £2400 900 to 999 £2700 1000 or more £3000
2
Paragraph (1) does not apply if the employer had a reasonable excuse for failing to comply with regulation 46ZC(1) and the excuse had not ceased at the time the specified information was delivered.
3
A notice of appeal against determination under section 100 of the Management Act of a penalty under this regulation can only be on the grounds that —
a
subject to paragraph (4), the employer is not a specified person;
b
the employer did comply with regulation 46ZC;
c
the amount of the penalty is incorrect; or
d
paragraph (2) applies.
4
Paragraph (3)(a) does not apply where following an appeal under regulation 46ZD(5) the notice was not withdrawn.
Appeals
46ZH
1
The following provisions of the Management Act apply to an appeal under regulations 3(8), 42A(4), 42B(7) and 46ZD(5) of these Regulations as they apply to an appeal under section 31 of that Act —
a
section 31A(5) and (6) (notice of appeal) ;
b
section 31B (appeals to General Commissioners);
c
section 31D (election to bring appeal before Special Commissioners).
2
Section 103A of the Management Act (interest on penalties) applies to penalties payable under regulation 46ZG.
3
In an appeal under regulations 3(8), 42A(6), 42B(7) and (12) and 46ZD(5), the relevant place for the purposes of paragraph 3(1)(a) of Schedule 3 to the Management Act (rules for assigning proceedings to General Commissioners) is the place which at the time of the notice of appeal is —
a
the employer’s place of business in the United Kingdom, or
b
where the employer has no place of business, the employer’s place of residence in the United Kingdom.
4
For the purpose of paragraph (2) —
a
“place of business” means —
i
the place where the trade, profession, vocation or business with which the proceedings are concerned is carried on, or
ii
if the trade, profession, vocation or business is carried on at more than one place, the head office or place where it is mainly carried on;
b
“place of residence” means the employer’s usual place of residence or, if that is unknown, his last known place of residence.
.
9
In regulation 47(1) after “14 days” insert “, or 17 days where payment is made in respect of emoluments paid after 5th April 2004,”.
10
In regulation 48(1) after “14 days” insert “, or 17 days where payment is made in respect of emoluments paid after 5th April 2004,”.
11
1
Amend regulation 51 as follows.
2
In paragraph (1) after “14 days” insert “, or 17 days where payment is made by an approved method of electronic communications in respect of emoluments paid after 5th April 2004,”.
3
At the end of paragraph (3) add “or the 17th day after the end of that year where payment is made by an approved method of electronic communications in respect of emoluments paid after 5th April 2004”.
Ann Chant
Helen Ghosh
Two of the Commissioners of Inland Revenue
29th September 2003


type: legislation

jurisdiction: UK

text:
Commencement, citation and interpretation
1
1
These Regulations may be cited as the Civil Legal Aid (General) (Amendment) Regulations 2003 and shall come into force on 1st July 2003.
2
In these Regulations a reference to a regulation by number alone means the regulation so numbered in the Civil Legal Aid (General) Regulations 1989 .
Amendments to the Civil Legal Aid (General) Regulations 1989
2
In regulation 105 —
a
for paragraph (1), substitute —
1
In this regulation and regulation 106A, “assessment” means an assessment of costs by the Area Director and payable under a certificate in accordance with this regulation and regulation 107A.
;
b
for paragraph (2A), substitute —
2A
Subject to paragraph (12), where proceedings have begun and the total claim for costs does not exceed £2,500, the solicitor shall apply to the Area Director for an assessment of those costs.
;
c
for paragraph (3), substitute —
3
Subject to paragraph (12), where proceedings have begun and the total claim for costs exceeds £2,500, the solicitor may apply to the Area Director for an assessment of those costs if —
a
there are special circumstances where a detailed assessment would be against the interest of the assisted person or would increase the amount payable from the fund; or
b
after a direction or order that the assisted person’s costs shall be determined by way of detailed assessment under regulations 107A(2), the solicitor incurs costs for the purpose of recovering moneys payable to the fund.
;
d
in paragraph (3A)(b)(i), after “discharged,” insert “but there has been no order for assessment or determination of costs by the court;”;
e
in paragraph (4), for “(2) or (3)”, substitute “(2), (2A) or (3)”;
f
in paragraph (5), after “that committee” insert “in writing”;
g
at the end of paragraph (11), insert —
12
In any proceedings where it is or may be necessary for the court to carry out a detailed assessment of costs payable to the assisted person by another party to the proceedings, the solicitor shall not apply to the Area Director for an assessment and the total claim for costs shall be subject to that detailed assessment by the court.
13
In this regulation, “total claim for costs” means the claim consisting of the solicitor’s profit costs (including those of any other solicitor who has acted under the certificate), counsel’s fees and disbursements (if any), but excluding any element of Value Added Tax.
14
Any costs incurred in connection with an appeal against the decision of the Area Director under this regulation shall not be deemed to be costs to which the assisted person’s certificate relates.
.
3
In regulation 106A —
a
for paragraph (3), substitute —
3
The assisted party’s solicitor shall apply to the Area Director for an assessment limited to legal aid only costs, if the amount of those costs including counsel’s fees (if any) does not exceed £2,500.
;
b
for paragraph (4), substitute —
4
The assisted party’s solicitor shall apply for a detailed assessment under regulation 107A(2) limited to legal aid only costs, if the amount of those costs including counsel’s fees (if any) exceeds £2,500.
.
4
Omit regulation 113(4), (5), (6) and (7).
Signed by authority of the Lord Chancellor
Scotland of Asthal
Parliamentary Secretary
Lord Chancellor’s Department
Dated 7th May 2003
We consent
Jim Fitzpatrick
Nick Ainger
Two of the Lords Commissioners of Her Majesty’s Treasury
Dated 14th May 2003


text:
Citation and commencement
1
These Regulations may be cited as the Aerodromes (Noise Restrictions) (Rules and Procedures) Regulations 2003 and shall come into force on 6th August 2003.
Interpretation
2
In this Order —
“airport operator” has the meaning given in section 82(1) of the Airports Act 1986 ;
“Annex 16” means the third edition of Volume 1, Part II of Annex 16 of the Convention on International Civil Aviation ;
“balanced approach” means an approach under which there is consideration of the available measures to address the noise problem at an airport, namely the foreseeable effect of a reduction of aircraft noise at source, land-use planning and management, noise abatement operational procedures and operating restrictions;
“city airport” means an airport listed in Schedule 1;
“civil subsonic jet aeroplane” means an aeroplane with either —
a maximum certificated take-off mass of 34,000 kilograms or more, or
a maximum internal accommodation of more than 19 passenger seats excluding seats for crew only;
“competent authority” in relation to a relevant airport means the authority specified in regulation 4;
“developing country” means a country on the United Nations Development Programme list or the Organization for Economic Co-operation and Development list which is identified in the European Commission Final Report of November 2001 ;
“environmental objective”, in relation to an airport, means an objective set by a competent authority in support of one or more of the following objectives —
the promotion of the development of airport capacity in harmony with the environment,
facilitating any specific noise abatement objectives at that airport,
achieving maximum environment benefit in the most cost-effective manner,
limiting or reducing the number of people significantly affected by aircraft noise;
“ EPNdB ” means Effective Perceived Noise in decibels;
“ Lden ” means day-evening-night noise indicator, which is the noise indicator for overall annoyance as further defined in Annex I of Directive 2002/49 of the European Parliament and of the Council of 25th June 2002 relating to the assessment and management of environmental noise ;
“ Lnight ” means night-time noise indicator, which is the noise indicator for sleep disturbance as further defined in Annex I of Directive 2002/49 of the European Parliament and of the Council of 25th June 2002 relating to the assessment and management of environment noise;
“marginally compliant aircraft” means civil subsonic jet aeroplanes, that meet the certification limits, as laid down in Chapter 3 of Annex 16, by a cumulative margin of not more than 5 EPNdB, whereby the cumulative margin is the figure expressed in EPNdB obtained by adding the individual margins at each of the three reference noise measurement points as defined in Chapter 3 of Annex 16;
“movement” means either a take off or a landing;
“operating restrictions” means noise related action that limits or reduces access of civil subsonic jet aeroplanes to an airport, and includes actions which are aimed at the withdrawal from operations of marginally compliant aircraft at specific airports as well as limitations of a partial nature affecting the operation of civil subsonic aeroplanes according to time period;
“relevant airport” means an airport to which these Regulations apply;
“scheduling conference” means a meeting between the airport operator, aircraft operators and other interested persons at which the schedules for the relevant scheduling-period are decided; and
“scheduling-period” means either the summer or winter season as used in the schedules of air carriers.
Application
3
These Regulations shall apply to city airports and to any other civil airports which are within the United Kingdom and have more than 50,000 movements of civil subsonic jet aeroplanes per calendar year, taking into consideration the average of the last three calendar years before the application of the rules contained in these Regulations to the airport in question.
Competent authorities
4
1
In the case of a relevant airport that is designated for the purposes of section 78 of the Civil Aviation Act 1982 , the Secretary of State shall be the competent authority in respect of all matters provided for by notice under that section and the airport operator shall be the competent authority in respect of all other matters for the purposes of these Regulations.
2
In the case of a relevant airport not so designated the competent authority for the purposes of these Regulations shall be the airport operator.
General Rules
5
1
The competent authority for a relevant airport —
a
shall for the purposes of dealing with noise problems at that airport adopt a balanced approach;
b
may consider economic incentives as a noise management measure;
c
shall not impose a measure or a combination of measures which are more restrictive than is necessary to achieve the environmental objective established for the airport by that authority in accordance with paragraph (4);
d
shall not discriminate on grounds of the nationality or the identity of the air carrier or the aircraft manufacturer.
2
When considering operating restrictions as a means to reduce or limit the aeroplane noise at a relevant airport, the competent authority shall take into account the likely costs and benefits of the various measures available as well as airport-specific characteristics.
3
When adopting operating restrictions at a relevant airport based on an aircraft’s noise performance, the competent authority shall base those restrictions on the noise performance of the aircraft as determined by the certification procedure conducted in accordance with Annex 16.
4
Before adopting any measures under these Regulations to deal with noise problems at a relevant airport the competent authority shall establish and publish an environmental objective for that airport.
Rules on assessment
6
1
When considering a decision on operating restrictions at a relevant airport the competent authority shall take into account the matters specified in Schedule 2 to these Regulations in so far as it is appropriate and possible to do so in respect of the operating restrictions concerned and of the characteristics of the airport.
2
Where an airport project is subject to an environmental impact assessment under Council Directive 85/337 of 27th June 1985 on the assessment of the effects of certain public and private projects on the environment and that assessment has so far as possible taken into account the matters specified in Schedule 2 to these Regulations, the assessment shall be considered as meeting the requirements of paragraph (1).
3
In a case where —
a
operating restrictions were established at an airport before 28th March 2002 and continue in existence, or
b
the competent authority determines that technical changes to operating restrictions of a partial nature are minor and do not have any significant cost implications for the airline operators, and have been introduced at an airport after 28th March 2002,
the competent authority shall not be required to apply the provisions of paragraph (1).
Rules on the introduction of operating restrictions aimed at the withdrawal of marginally compliant aircraft
7
1
If the assessment of all available measures, including operating restrictions of a partial nature, carried out in relation to a relevant airport in conformity with the requirements of regulation 6(1) demonstrates that the achievement of any environmental objective for that airport requires it, the competent authority for that airport shall introduce the following operating restrictions aimed at the withdrawal of marginally compliant aircraft:
a
Six months from the date of the decision to introduce an operating restriction, no services over and above those operated in the corresponding period of the previous year shall be allowed with marginally compliant aircraft at that airport; and
b
Twelve months from the date of the decision to introduce operating restrictions, the competent authority may require each aircraft operator to reduce the number of movements of his marginally compliant aircraft at that airport by an annual rate of not more than 20% of the total number of movements of his marginally compliant aircraft at the time of the introduction of operating restrictions.
2
Subject to the rules on assessment in regulation 6, the competent authority at a city airport may introduce measures which are more stringent in terms of the definition of marginally compliant aircraft provided that these measures do not affect civil subsonic jet aeroplanes that comply, either through original certification or recertification, with the noise standards in Chapter 4 of Annex 16.
Exemption for aircraft registered in developing countries
8
A marginally compliant aircraft registered in a developing country shall for a period of 10 years from the 28th March 2002 be exempted from any operating restrictions introduced at a relevant airport by the competent authority under regulation 7 provided that such an aircraft —
a
had —
i
been granted noise certification to the standards specified in Chapter 3 of Annex 16; and
ii
been used at that airport between 1st January 1996 and 31st December 2001; and
b
was between 1st January 1996 and 31st December 2001 on the register of the same developing country as the one with which it is currently registered and continues to be operated by a person established in that country.
Exemption for aircraft operations of an exceptional nature
9
The competent authority for a relevant airport may, in individual cases, authorise a marginally compliant aircraft to land at and take off from that airport, as part of an individual operation, where operating restrictions have been introduced by that authority under these Regulations which would otherwise preclude it, if it appears to him that —
a
the individual operation is of such an exceptional nature that it would be unreasonable to withhold a temporary exemption under this regulation; or
b
the aircraft operation is a non-revenue flight for the purpose of alteration, repair or maintenance.
Consultation and Transparency
10
The competent authority for a relevant airport shall consult interested parties on the application of regulations 6 and 7 to that airport allowing a reasonable time in each case for their opinions to be taken fully into account before it reaches its decision.
Prior notice
11
1
The competent authority for a relevant airport shall, where he intends to introduce any new operating restrictions at that airport, in accordance with the time limits prescribed in paragraph (2), publish this intention by way of public notice to all interested parties, as well as his explanation of the reasons for introducing those operating restrictions taking into account the appropriate elements of the balanced approach.
2
The prescribed periods for publication of a notice under paragraph (1) are —
a
in the case of a measure under regulation 7(1)(a) six months before it comes into force, or two months before the scheduling conference for the relevant scheduling period (whichever is the earlier);
b
in the case of a measure under regulation 7(1)(b) or 7(2) twelve months before it comes into force, or two months before the scheduling conference for the relevant scheduling period (whichever is the earlier).
Right of Appeal
12
Every person affected by —
a
a determination made by a competent authority under regulation 6(3)(b) or
b
a decision made by a competent authority to introduce operating restrictions or measures under regulation 7,
shall have a right of appeal to arbitration by an independent arbitrator, agreed between the parties; or, in the absence of such agreement, to an arbitrator appointed by the President of the Chartered Institute of Arbitrators on the application of either party. Any such right shall be exercisable within three months of the publication of the determination or decision by the competent authority. The decision of the arbitrator shall be final and binding on the parties.
Provision of information
13
An airport operator that is a competent authority shall, in response to a request made by the Secretary of State, supply to him such information as he may require in order to enable him to comply with the United Kingdom’s obligations under Article 14 of Directive 2002/30/ EC of the European Parliament and of the Council of 26th March 2002 on the establishment of rules and procedures with regard to the introduction of noise related restrictions at Community airports .
Signed by authority of the Secretary of State for Transport
Tony McNulty,
Parliamentary Under-Secretary of State,
Department for Transport
12th July 2003


text:
Citation, interpretation and application
1
1
This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 12) (England) Order 2003.
2
In this Order, “ the Act ” means the Health and Social Care Act 2001.
3
This Order applies to England only.
Appointed day in respect of section 49 of the Act
2
1st April 2003 is the appointed day for the coming into force of section 49 of the Act in so far as that section has not already been brought into force.
Appointed day in respect of direct payments
3
1
16th March 2003 is the appointed day for the coming into force of —
a
section 57 of the Act, in so far as that section is not already in force , and
b
section 58 of the Act, but only for the purpose of making regulations under section 17A of the Children Act 1989 as substituted by section 58 of the Act.
2
8th April 2003 is the appointed day for the coming into force of —
a
section 58 of the Act, in so far as that section has not already been brought into force by virtue of paragraph (1)(b);
b
sub-paragraphs (1) and (2) of paragraph 15 of Schedule 5 to the Act and section 67(1) of the Act in so far as it relates to those sub-paragraphs;
c
paragraph 15(1) and (3) of Schedule 5 to the Act and section 67(1) of the Act as they relate to the reference to the making of direct payments to person in respect of his securing provision of community care services or services to carers; and
d
section 67(2) of the Act in so far as it relates to the entries in Part 3 of Schedule 6 to the Act relating to —
i
the Community Care (Direct Payments) Act 1996 ; and
ii
the Carers and Disabled Children Act 2000 .
Signed by authority of the Secretary of State for Health
Jacqui Smith
Minister of State,
Department of Health
15th March 2003


text:
1
This Order may be cited as the Immigration (Designation of Travel Bans) (Amendment No. 2) Order 2003 and shall come into force on 19th December 2003.
2
For the Schedule to the Immigration (Designation of Travel Bans) Order 2000 there shall be substituted Schedule 1 to this Order.
3
The Orders specified in Schedule 2 to this Order are hereby revoked.
Beverley Hughes
Minister of State
Home Office
15th December 2003


text:
Citation and commencement
1
1
These Regulations may be cited as the Religious Character of Schools (Designation Procedure) (Independent Schools) (England) Regulations 2003 and shall come into force on 1st October 2003.
2
These Regulations shall apply in relation to England only.
Interpretation
2
In these Regulations —
a
“the 1998 Act ” means the School Standards and Framework Act 1998;
b
“the relevant religion or religious denomination” means the religion or religious denomination in accordance with whose tenets education is provided at the school, or the school is conducted (or, as the case may be, each such religion or religious denomination); and
c
“section 69(3)” means section 69(3) of the 1998 Act as it applies to independent schools by virtue of section 124B of that Act.
Application of these Regulations
3
These Regulations specify the procedure to be followed in connection with —
a
the designation, in an order under section 69(3), of an independent school as having a religious character; and
b
the statement in such an order, in relation to such a school, of the relevant religion or religious denomination.
Application procedure
4
1
In order for an independent school to be designated as a school which has a religious character, the school’s proprietor must apply to the Secretary of State for an order under section 69(3).
2
The application must —
a
state the religion or religious denomination of the school;
b
include the grounds on which the application is based and any supporting evidence of those grounds; and
c
include any representations made by a religious body in support of the application.
3
On receipt of an application for an order in accordance with these Regulations, the Secretary of State may consult any religious body regarding the school’s application, which he considers appropriate.
Designation procedure
5
1
If a school’s proprietor applies for an order in accordance with these Regulations, the Secretary of State shall designate the school as a school which has a religious character if —
a
he is satisfied that the school is conducted or education at the school is provided in accordance with the tenets of one or more religions or religious denominations; and
b
some or all of the premises currently occupied by the school were provided on trust in connection with —
i
the provision of education, or
ii
the conduct of an educational institution
in accordance with the tenets of one or more religions or religious denominations; or
c
at least one member of the governing body is a person appointed as a governor to represent the interests of one or more religions or religious denominations; or
d
the governing instrument of the school provides —
i
that the school shall be conducted in accordance with the tenets of one or more religions or religious denominations; or
ii
that education at the school shall be provided in accordance with the tenets of one or more religions or religious denominations.
2
If a school’s proprietor applies for an order in accordance with these regulations but paragraph (1) does not apply, the Secretary of State may nevertheless designate a school as a school which has a religious character if he considers it appropriate to do so having regard to the following —
a
whether the school is conducted in accordance with the tenets of one or more religions or religious denominations;
b
whether education at the school is provided in accordance with the tenets of one or more religions or religious denominations; and
c
any representations made by a religious body on behalf of the school.
3
For the purposes of this regulation any reference to the education at a school being provided in accordance with the tenets of one or more religions or religious denominations does not require all education provided to be in accordance with those tenets.
Changes in designations and statements
6
1
Where the Secretary of State is at any time of the opinion that an order previously made under section 69(3) contains a material error or that there has been a wrongful failure to designate any school he must make such an order or further order under that section as he considers appropriate for the purpose of correcting the error;
2
Before making an order under paragraph (1) which effects the designation of a particular school or the statement of the relevant religion or religious denomination in relation to a particular school, the Secretary of State must consult the proprietor of that school, and may consult any religious body which he considers appropriate.
David Miliband
Minister of State,
Department for Education and Skills
8th September 2003


text:
Citation and commencement
1
This Order may be cited as the Rating Lists (Valuation Date) (England) Order 2003, and shall come into force on 17th March 2003.
Valuation Date
2
1st April 2003 is specified under paragraph 2(3)(b) of Schedule 6 (non-domestic rating: valuation) to the Local Government Finance Act 1988 as the day by reference to which the rateable values of non-domestic hereditaments are to be determined for the purposes of the local and central non-domestic rating lists which are to be compiled for England on 1st April 2005.
Revocation
3
The Rating Lists (Valuation Date) Order 1998 is revoked.
Signed by authority of the First Secretary of State
Nick Raynsford
Minister of State,
Office of the Deputy Prime Minister
19th February 2003


text:
1
This Order may be cited as the A580 Trunk Road (Liverpool-Salford) (Detrunking) Order 2003 and shall come into force on 1st April 2004.
2
In this Order —
i
“principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to highways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
ii
“the trunk road” means the Liverpool-Salford Trunk Road (A580)
3
The length of the trunk road described in the Schedule to this Order shall cease to be trunk road and shall be classified as a principal road from the date on which this order comes into force.
Signed by authority of the Secretary of State for Transport
Arthur Ashburner
Divisional Director, Highways Agency
2nd December 2003


text:
Citation and commencement
1
These Regulations may be cited as the National Crime Squad (Dispensation from Requirement to Investigate Complaints) Regulations 2003 and shall come into force on 15th November 2003.
Interpretation
2
In these Regulations —
“the 1996 Act ” means the Police Act 1996;
“the appropriate authority” means in relation to a member of the National Crime Squad —
if he is an officer holding a rank above that of superintendent, the Service Authority for the National Crime Squad, and
in any other case, the Director General of that Squad;
“ the Authority ” means the Police Complaints Authority;
“complaint” means a complaint made on or after 15th November 2003 to which Chapter 1 of Part 4 of the 1996 Act applies; and “copy of a complaint”, in the case of a complaint made orally, shall include a copy of the record of a complaint; and
“complainant” means the member of the public by or on whose behalf a complaint is submitted.
Dispensation from requirement to investigate complaints
3
1
The appropriate authority may request the Authority to dispense with the requirements of Chapter 1 of Part 4 of the 1996 Act (to the extent that they have not already been satisfied) as respects a complaint where it is of the opinion that paragraph (2) or (3) applies and that it is appropriate to do so.
2
A complaint is an anonymous or a repetitious one within the meaning of paragraph 2 or 3 of the Schedule to these Regulations, or that a complaint is vexatious, oppressive or otherwise an abuse of the procedures for dealing with complaints, or that it is not reasonably practicable to complete the investigation of a complaint, within the meaning of paragraph 4 thereof.
3
More than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay.
4
1
Any request made pursuant to regulation 3(1) shall be made in writing and shall be accompanied by —
a
a copy of the complaint;
b
a memorandum from the appropriate authority explaining the reasons for making the request;
c
where the appropriate authority is of the opinion that a complaint is a repetitious complaint and, as respects the previous complaint, the person then the complainant gave such notification as is mentioned in regulation 11 of the Police (Complaints) (General) Regulations 1985 , a copy of that notification unless it has previously been sent to the Authority; and
d
where the appropriate authority is of the opinion that a complaint is a repetitious complaint and the previous complaint has been informally resolved in accordance with the provisions of section 83 of the Police Act 1997, a copy of the record of the outcome of the informal resolution procedure made under regulation 3 of the Police (Complaints) (Informal Resolution) Regulations 1985 .
2
If, after considering a request under this regulation, the Authority consider it appropriate, they may dispense with the requirements of Chapter 1 of Part 4 of the 1996 Act (to the extent that they have not already been satisfied) but they shall not reject such a request except after consultation with the appropriate authority.
3
The Authority shall, as soon as may be practicable, notify the appropriate authority, in writing, of their decision on such a request and, where they dispense with the requirements of Chapter 1 of Part 4 of the 1996 Act (to the extent that they have not already been satisfied), shall inform the complainant of their action unless the complainant is an anonymous one or it otherwise appears to them to be not reasonably practicable so to inform him within a period which is reasonable in all the circumstances of the case.
Caroline Flint
Parliamentary Under-Secretary of State
Home Office
14th October 2003


text:
Citation and commencement
1
This Order may be cited as the Mental Health Review Tribunals (Regions) Order 2003 and shall come into force on 29th September 2003.
Determination of regions
2
Each of the regions described in column (2) of the Schedule to this Order is hereby determined as a region for the purposes of section 65(1A)(a) of the Mental Health Act 1983 (regions of England for which there are to be Mental Health Review Tribunals) and shall be known by the name specified in relation to it in column (1) of that Schedule.
Transitional provisions
3
1
In this article —
“former region” means a region determined in accordance with the Mental Health Review Tribunals (Regions) Order 1998 and in existence immediately before 29th September 2003;
“new region” means a region determined by article 2 of this Order;
“relevant new region” means —
in relation to the former regions Trent and Northern and Yorkshire Region and West Midlands and North West Region, and in relation to the former region of North London and East Region (Bedfordshire, Cambridgeshire, Norfolk, Northamptonshire, and Suffolk), the new Northern Region;
in relation to the former region of South London and South and West Region, and in relation to the former region of North London and East Region, except in relation to Bedfordshire, Cambridgeshire, Norfolk, Northamptonshire, and Suffolk, the new Southern Region.
“Tribunal” means a Mental Health Review Tribunal.
2
Anything done by or in relation to, or any application or reference made to or in relation to, or any direction, authorisation or notice given by or in relation to, the Tribunal for a former region before 29th September 2003 is deemed to have been done by or in relation to, or made to or in relation to, or given by or in relation to, the Tribunal for the relevant new region.
3
On 29th September 2003 all the rights and liabilities of the Tribunal for a former region shall be transferred to the tribunal for the relevant new region.
4
Any person who, immediately before 29th September 2003, was a member of a Tribunal for a former region is deemed to have been appointed to be a member of the Tribunal for the relevant new region and any reference in the instrument under which he was appointed to a Tribunal for a former region is deemed to be a reference to the Tribunal for the relevant new region.
Revocation
4
The Mental Health Review Tribunals (Regions) Order 1998 is hereby revoked.
Signed by authority of the Secretary of State for Health
Rosie Winterton
Minister of State,
Department of Health
30th August 2003


text:
Citation and commencement
1
These Regulations may be cited as the Stamp Duty Land Tax (Amendment of Schedule 4 to the Finance Act 2003) Regulations 2003 and shall come into force on 19th December 2003.
Amendment of Schedule 4 to the Finance Act 2003
2
1
Schedule 4 to the Finance Act 2003 (chargeable consideration for the purposes of stamp duty land tax) is amended as follows.
2
In paragraph 5(6) (exceptions to the rule on the treatment of exchanges) —
a
at the end of the entry relating to paragraph 6 omit “and”; and
b
after that entry insert —
paragraph 17 of this Schedule (arrangements involving public or educational bodies), and
.
3
In paragraph 10 (carrying out of works) at the end add —
5
This paragraph is subject to paragraph 17 (arrangements involving public or educational bodies).
.
4
Renumber paragraph 11 (provision of services) as sub-paragraph (1) of that paragraph and after it insert —
2
This paragraph is subject to paragraph 17 (arrangements involving public or educational bodies).
.
5
At the end of the Schedule add —
Arrangements involving public or educational bodies
17
1
This paragraph applies in any case where arrangements are entered into under which —
a
a qualifying body (“A”) transfers, or grants or assigns a lease of, any land (“the transferred land”) to a non-qualifying body (“B”),
b
in consideration (whether in whole or in part) for that transfer, grant, or assignment, B grants A a lease or under-lease of the whole, or substantially the whole, of that land (“the leased-back land”),
c
B undertakes to carry out works or provide services to A, and
d
some or all of the consideration given by A to B for the carrying out of those works or the provision of those services is consideration in money,
whether or not A also transfers, or grants or assigns a lease of, any other land (“surplus land”) to B.
2
The following are qualifying bodies —
a
public bodies within section 66,
b
institutions within the further education sector or the higher education sector within the meaning of 91 of the Further and Higher Education Act 1992 ,
c
further education corporations within the meaning of section 17 of that Act ,
d
higher education corporations within the meaning section 90 of that Act,
e
persons who undertake to establish and maintain, and carry on, or provide for the carrying on, of an Academy within the meaning of section 482 of the Education Act 1996 , and
f
in Scotland, institutions funded by the Scottish Further Education Funding Council or the Scottish Higher Education Funding Council.
3
In determining for the purposes of paragraph 5(3) the chargeable consideration for any of the land transactions mentioned in sub-paragraph (1), the market value of the subject matter of —
a
the transfer or lease of the transferred land,
b
the lease or under-lease of the leased-back land, and
c
any transfer or lease of surplus land,
shall be taken to be nil.
4
For the purposes of paragraph 5(3) none of the following shall be regarded as rent —
a
the carrying out of the works, or the provision of the services, mentioned in sub-paragraph (1)(c);
b
any consideration in money or money’s worth given by A to B for the carrying out of those works or the provision of those services;
and paragraphs 10 and 11 shall be disregarded.
5
This paragraph applies to Scotland as if —
a
references to A transferring land to B were references to A transferring the interest of an owner of land to B, and
b
in sub-paragraph (1)(b) for “assignment” there were substituted “assignation”.
Until the appointed day for the purposes of the Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), the reference in paragraph (a) to the interest of the owner shall be read, in relation to feudal property, as a reference to the estate or interest of the proprietor of the dominium utile.
6
In this paragraph “under-lease” includes a sub-lease.
.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
18th December 2003


text:
1
This scheme may be cited as the Watford and South of St Albans-Redbourn-Kidney Wood, Luton (Special Road Scheme 1957) (Park Street to Beechtrees Partial Revocation) Scheme 2004 and shall come into force on 8 January 2004.
2
The Watford and South of St Albans-Redbourn-Kidney Wood, Luton, Special Road Scheme 1957 is hereby partially revoked.
Signed by authority of the Secretary of State for Transport
David W. Ward
A Divisional Director Highways Agency
11th December 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Local Authorities (Capital Finance) (Amendment No. 2) (England) Regulations 2003 and shall come into force on 1st April 2003.
2
The amendments made by these Regulations apply only in relation to local authorities in England.
Amendment of the Local Authorities (Capital Finance) Regulations 1997
2
1
The Local Authorities (Capital Finance) Regulations 1997 are amended as follows.
2
After regulation 12A (expenditure not required to be charged to a revenue account — expenditure for capital purposes on property within the Housing Revenue Account) insert —
Expenditure not required to be charged to a revenue account — expenditure in respect of liabilities for retirement benefits
12B
1
Expenditure in respect of liabilities for retirement benefits appropriated to a pension reserve in accordance with proper practices shall be expenditure falling within section 42(2).
2
For the purposes of paragraph (1) “retirement benefits” means benefits payable pursuant to —
a
the Local Government Pension Scheme Regulations 1997 ;
b
the Firemen’s Pension Scheme Order 1992 ;
c
the Police Pensions Regulations 1987 ;
d
the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2000 ;
e
the Teachers (Compensation for Redundancy and Premature Retirement) Regulations 1997 ; and
f
any other regulations made under section 24 of the Superannuation Act 1972 (compensation for loss of office, etc ) .
.
3
Regulation 16 (meaning of private finance transaction) is amended as follows —
a
in paragraph (1) —
i
omit the definition of “relevant asset”; and
ii
in the definition of “works”, omit the words “, apart from works consisting of the construction of a house or other dwelling on housing land”; and
b
in paragraph (2) —
i
in sub-paragraph (a)(i), for the words “a relevant” substitute “an”; and
ii
in sub-paragraph (d)(ii), omit the word “relevant”.
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under Secretary of State,
Office of the Deputy Prime Minister
4th March 2003


text:
1
This Order may be cited as the Merrist Wood College (Dissolution) Order 2003 and shall come into force on 1st August 2003.
2
On 1st August 2003 the corporation shall be dissolved and all of its property, rights and liabilities shall be transferred to Guildford College of Further and Higher Education, being a body corporate established for purposes which include the provision of educational facilities or services.
3
Section 26(2), (3) and (4) of the Act shall apply to any person employed by the corporation immediately before 1st August 2003 as if the references in that section–
a
to a person to whom that section applies were to a person so employed;
b
to the operative date were to 1st August 2003;
c
to the transferor were to the corporation; and
d
to the corporation were to Guildford College of Further and Higher Education.
Alan Johnson
Minister of State,
Department for Education and Skills
18th June 2003


text:
Citation
1
This Order may be cited as the Road Traffic (Vehicle Testing) Act 1999 (Commencement No. 2) Order 2003.
Provisions coming into force on 11th April 2003
2
Section 1 of the Road Traffic (Vehicle Testing) Act 1999 (in so far as it is not already in force ), sections 2, 4 and 5 of that Act, and so much of section 7 of that Act as relates to paragraph 3 of the Schedule to that Act, shall come into force on 11th April 2003.
Signed by authority of the Secretary of State for Transport.
David Jamieson
Parliamentary Under Secretary of State,
Department for Transport
10th April 2003


text:
Citation and Commencement
1
These regulations may be cited as the Export (Penalty) Regulations 2003 and shall come into force on 23 December 2003.
Interpretation
2
In these regulations —
“ the Act ” means the Customs and Excise Management Act 1979 ;
“appeal tribunal” means a VAT and duties tribunal;
“ the Commissioners ” means the Commissioners of Customs and Excise;
“the Code” means Council Regulation 2913/92/ EEC ;
“Community customs rules” means customs rules, as defined in Article 1 of the Code;
“Community export duty” means any of the duties, charges or levies which are export duties within the meaning of the Code (see the definition of “export duties” in Article 4(11) of that Code);
“contravene” includes fail to comply with;
“declaration” in relation to export has the meaning assigned by Article 4(17) of the Code;
“demand notice” means a demand notice within the meaning of regulation 6;
“export” means that “customs procedure” within the meaning of Article 4(16)(h) of the Code;
“exporter” has the meaning assigned to it by Article 788 of the Implementing Regulation;
“the Implementing Regulation” means Commission Regulation 2454/93/EEC ;
“notice” means notice in writing;
“person” means a person, of a description specified in Column 2 of the Schedule to these Regulations to whom that provision referred to in Column 1 applies;
“penalty” shall mean a penalty up to the maximum amount specified in Column 3 of the schedule to these Regulations;
“relevant export rule” shall mean any Community imposed duty, obligation, requirement, or condition in relation to export imposed or implemented by or under any of the following provisions or combination of provisions in any case where Community export duty is not chargeable or payable in application of the rule —
Community customs rules in relation to export;
the Act, as it applies in implementation of Community customs rules in relation to export from the Community;
any other Act, or statutory instrument, as it applies in implementation of Community customs rules in relation to export from the Community;
any directly applicable Community legislation as it applies in application of Community customs rules in relation to export;
any relevant international rules applying in relation to export;
specified in Column 1 of the Schedule to these Regulations;
“relevant international rules” means international agreements so far as applying in relation to export from the Community and having effect as part of the law of the United Kingdom by virtue of —
any directly applicable Community legislation, or
any Act or statutory instrument implementing such agreement.
“representative”, in relation to any person, means —
his personal representative,
his trustee in bankruptcy or interim or permanent trustee,
any receiver or liquidator appointed in relation to that person or any of his property,
or any other person acting in a representative capacity in relation to that person.
Penalty for contravention of a relevant export rule
3
1
If a person engages in any conduct by which he contravenes a relevant export rule specified he shall be liable to a penalty under this regulation.
2
The Schedule to these regulations shall have effect.
3
Column 1 of the Schedule specifies a relevant export rule a contravention of which gives rise to a penalty under paragraph (1) above.
4
Column 2 of the Schedule specifies the person whose conduct in contravening a relevant export rule gives rise to liability under paragraph (1) above.
5
Column 3 of the Schedule specifies the maximum penalty for contravention of a relevant export rule for which a person is liable under paragraph (1) above.
Exceptions from regulation 3
4
1
A person is not liable to a penalty under regulation 3 if he satisfies —
a
the Commissioners, or
b
on appeal, an appeal tribunal,
that there is a reasonable excuse for his conduct.
2
For the purposes of paragraph (1) above none of the following is a reasonable excuse —
a
An insufficiency of funds available to any person for paying any penalty due;
b
That reliance was placed by any person on another to perform any task;
c
That the contravention is attributable, in whole or in part, to the conduct of a person on whom reliance to perform any task was so placed.
3
Where, by reason of conduct falling within regulation 3(1) a person is prosecuted for an offence that conduct does not also give rise to liability to a penalty.
Reduction of penalty under regulation 3
5
1
Where a person is liable to a penalty under regulation 3 —
a
the Commissioners (whether originally or on review) or, on appeal, an appeal tribunal may reduce the penalty to such amount (including nil) as they think proper; and
b
the Commissioners on a review, or an appeal tribunal on an appeal, relating to a penalty reduced by the Commissioners under this regulation may cancel the whole or any part of the reduction previously made by the Commissioners.
2
In exercising their powers under paragraph (1) above, neither the Commissioners nor an appeal tribunal are entitled to take into account any of the matters specified in paragraph (3) below.
3
Those matters are —
a
The insufficiency of the funds available to any person for paying the amount of the penalty,
b
The fact that the person liable to the penalty, or a person acting on his behalf, has acted in good faith.
Demands for penalties
6
1
Where a person is liable to a penalty under regulation 3, the Commissioners may give to that person or his representative a notice in writing (a “demand notice”) demanding payment of the amount due by way of penalty.
2
An amount demanded as due from a person or his representative in accordance with subsection (1) is recoverable as if it were an amount due from the person or, as the case may be, the representative as an amount of customs duty.
This paragraph is subject to —
any appeal under regulation 12 (appeals to tribunal); and
paragraph (3) below.
3
An amount so demanded is not recoverable if or to the extent that —
a
The demand has subsequently been withdrawn; or
b
The amount has been reduced under regulation 5.
Time limits for demands for penalties
7
1
A demand notice may not be given in relation to a penalty under regulation 3 more than 3 years after the conduct giving rise to the penalty ceased.
2
A demand notice may not be given more than 2 years after there has come to the knowledge of the Commissioners evidence of facts sufficient in the opinion of the Commissioners to justify the giving of the demand notice.
3
A demand notice may be given in respect of a penalty under regulation 3 to which a person was liable immediately before his death.
No prosecution after demand notice for penalty under regulation 3
8
1
Where a demand notice is given demanding payment of an amount due by way of penalty under regulation 3 in respect of any conduct of a person, no proceedings may be brought against that person for any offence constituted by that conduct (whether or not the demand notice is subsequently withdrawn).
Right to review of certain decisions
9
1
If the Commissioners give a person or his representative a notice informing him —
a
that they have decided that the person has engaged in conduct by which he contravenes a relevant export rule, and
b
that the person is, in consequence, liable to a penalty under regulation 3, but
c
that they do not propose to give a demand notice in respect of the penalty,
the person or his representative may give a notice to the Commissioners requiring them to review the decision mentioned in sub-paragraph(a) above.
2
Where the Commissioners give a demand notice to a person or his representative, the person or his representative may by notice require the Commissioners to review —
a
their decision that the person is liable to a penalty under regulation 3, or
b
their decision as to the amount of the liability.
3
A person may not under this regulation require a review of a decision under regulation 11 (decision on review).
Time limit and right to further review
10
1
The Commissioners are not required under regulation 9 to review any decision unless the notice requiring the review is given before the end of the permitted period.
2
For the purposes of this regulation the “permitted period” is the period of 45 days beginning with the day on which the relevant notice is given.
3
For the purposes of paragraph (2) above the “relevant notice” is —
a
in the case of a review by virtue of paragraph (1) of regulation 9, the notice mentioned in that paragraph; or
b
in any other case, the demand notice in question.
4
Nothing in paragraph (1) prevents the Commissioners from agreeing on request to review a decision in a case where the notice required by that paragraph is not given within the permitted period.
5
A person may give notice under regulation 9 requiring a decision to be reviewed a second or subsequent time only if —
a
the grounds on which he requires the further review are that the Commissioners did not, on any previous review, have the opportunity to consider any particular facts or matters; and
b
he does not, on the further review, require the Commissioners to consider any facts or matters which were considered on a previous review of the decision, except insofar as they are relevant to any issue to which the facts or matters not previously considered relate.
Powers of the Commissioners on a review
11
1
Where the Commissioners —
a
are required in accordance with regulation 9 to review a decision, or
b
agree to do so on such a request as is mentioned in regulation 10(4)
the following provisions of this regulation apply.
2
On any such review, the Commissioners may —
a
confirm the decision,
b
withdraw the decision, or
c
vary the decision.
3
Where the Commissioners withdraw or vary the decision, they may also take such further steps (if any) in consequence of the withdrawal or variation as they consider appropriate.
4
If the Commissioners do not within the permitted period give notice of their determination on the review to the person who required the review or his representative, they shall be taken to have confirmed the decision.
5
For the purposes of paragraph(4), the “permitted period” is the period of 45 days beginning with the day on which the review —
a
is required by the person or his representative in accordance with regulation 9, or
b
is agreed to by the Commissioners as mentioned in regulation 10(4).
Appeals to a tribunal
12
1
Where the Commissioners —
a
are required in accordance with regulation 9 to review a decision, or
b
agree to do so on such a request as is mentioned in regulation 10(4),
an appeal lies to an appeal tribunal against any decision by the Commissioners on the review (including any confirmation under regulation 11(4)).
2
An appeal lies under this regulation only if the appellant is one of the following persons —
a
the person who required the review in question,
b
where the person who required the review in question did so as representative of another person, that other person, or
c
a representative of a person falling within paragraph (a) or (b).
3
The powers of an appeal tribunal on an appeal under this section include —
a
power to quash or vary a decision; and
b
power to substitute the tribunal’s own decision for any decision so quashed.
4
On an appeal under this regulation —
a
the burden of proof as to the matters mentioned in regulation 3(1) lies on the Commissioners; but
b
it is otherwise for the appellant to show that the grounds on which any such appeal is brought have been established.
Appeal Tribunals
13
1
Sections 85 and 87 of the Value Added Tax Act 1994 (c. 23) (settling of appeals by agreement and enforcement of decisions of tribunals) have effect as if —
a
any reference to section 83 of that Act included a reference to regulation 12, and
b
any reference to VAT included a reference to any relevant export rule.
2
The provision that may be made by rules under paragraph 9 of Schedule 12 to the Value Added Tax Act 1984 (rules of procedure for tribunals) includes provision for costs awarded against an appellant on an appeal by virtue of these Regulations to be recoverable as if the amount awarded were an amount of customs duty which the appellant is required to pay.
Service of notices
14
Any notice to be given to any person for the purposes of these Regulations may be given by sending it by post in a letter addressed to that person or his representative at the last or usual residence or place of business of that person or representative.
Ray McAfee
Commissioner of Customs and Excise
2nd December 2003


text:
Citation, commencement and application
1
1
These Regulations may be cited as the Day Care and Child Minding (National Standards) (England) Regulations 2003 and shall come into force on 1st September 2003.
2
These Regulations apply only in relation to England.
Revocation
2
The Day Care and Child Minding (National Standards) (England) Regulations 2001 , are hereby revoked.
Interpretation
3
In these Regulations —
“ the Act ” means the Children Act 1989;
“child care category” means each one of the five categories of child minding and day care provision set out in the national standards documents;
“corporal punishment” means anything done for the purpose of punishing the child (whether or not there are other reasons for doing it) which, absent any justification, would constitute battery;
“national standards” means the standards numbered 1 to 14 set out in each of the national standards documents;
“national standards document” means a document published by the Department for Education and Skills listed in Schedule 1 to these Regulations;
“parent”, in relation to a child, includes any person —
who is not his parent but who has parental responsibility for him, or
who has care of him;
“person in charge” means in relation to day care the individual appointed by the registered person as the person in charge of providing actual day care on the premises;
“premises” means the premises where day care or child minding is provided as described on the certificate of registration ;
“registered person” means a person registered under Part XA of the Act as a child minder or a provider of day care;
“supporting criteria” means the criteria set out in respect of each national standard in each national standards document.
National Standards
4
1
In exercising his functions under Part XA of the Act, the Chief Inspector —
a
shall have regard to the national standards and supporting criteria; and
b
may take account of —
i
the duty imposed on a registered person by paragraph (2); and
ii
any failure or alleged failure of such a person to comply with that duty in any respect or on any occasion.
2
A registered person who acts as a child minder, or provides day care, on premises shall —
a
comply with the requirements of these Regulations;
b
meet the requirements of the national standards; and
c
have regard to the supporting criteria that are applicable to the child care category into which the care provided by him falls and to any additional or alternative supporting criteria which he is notified by the Chief Inspector are applicable to that care.
3
Any allegation that a registered person has failed to comply with paragraph (2) may be taken into account in any proceedings under Part XA of the Act.
Prohibition on use of corporal punishment
5
1
A registered person shall not give corporal punishment to a child for whom he acts as a child minder or provides day care and, so far as is reasonably practicable, shall ensure that corporal punishment is not given to any such child by —
a
any person looking after children on the premises;
b
any person in charge; or
c
any person living or working on the premises.
2
A person shall not be taken to have given corporal punishment in breach of paragraph (1) if the action was taken for reasons that include averting an immediate danger of personal injury to, or an immediate danger of death of, any person (including the child himself).
Provision of information
6
1
A registered person shall notify the Chief Inspector of the occurrence of any of the events set out in Schedule 2 to these Regulations and shall at the same time provide him with any information specified in that Schedule in respect of that event.
2
Notification shall be made —
a
where it is reasonably practicable to do so, in advance of the event occurring, and
b
in all other cases as soon as reasonably practicable, but not later than 14 days, after the event has occurred.
Keeping of records
7
1
Subject to paragraph (3), a registered person shall —
a
keep at the premises, or at another location notified to and agreed by the Chief Inspector, all the records specified in paragraphs 1 to 6 of Schedule 3 to these Regulations;
b
preserve every entry in the records specified in paragraphs 4, 5 and 6 of that Schedule for a period of two years from that date on which the entry was made; and
c
provide the Chief Inspector with copies of such of those records as he may from time to time request.
2
A registered person who provides day care shall —
a
keep at the premises, or at another location notified to and agreed by the Chief Inspector, all the records specified in paragraphs 7 to 11 of Schedule 3 to these Regulations;
b
provide the Chief Inspector with copies of such of those records as he may from time to time request.
3
A registered person who provides day care by means of an open access scheme is not required to keep the records specified in paragraphs 1, 2, 4 and 9 of that Schedule.
4
An “open access scheme” is a scheme for the provision of day care which does not require —
a
children to be accompanied by a parent or other responsible person while on the premises at which the day care is provided; or
b
children to be escorted by a parent or other responsible person to and from those premises.
Notice
8
1
Where the Chief Inspector considers that a registered person has failed or is failing to comply with the requirements of regulation 4(2) or regulation 7 he may give notice to the registered person specifying —
a
in what respect that person has failed or is failing to comply with those requirements;
b
what action the person should take to comply; and
c
the period within which that person should take that action, such period to begin with the date of the notice.
2
A registered person shall comply with the terms of the notice within the period specified in that notice.
3
A notice under this regulation shall be given in accordance with regulation 9.
Service
9
1
A notice may be given by being delivered personally to the registered person, sent by post in a registered letter or by the recorded delivery service or by being transmitted electronically.
2
For the purposes of section 7 of the Interpretation Act 1978 (which defines “service by post”) a letter to a registered person enclosing a notice given under this regulation shall be deemed to be properly addressed if it is addressed to him at the correspondence address notified to the Chief Inspector upon the registered person’s application for registration or subsequently.
3
A notice is transmitted electronically for the purposes of paragraph (1) where the particulars contained in the notice are transmitted by electronic means by the Chief Inspector to the registered person at any number or address used for the purposes of electronic communications notified by that person to the Chief Inspector.
Offence
10
1
A registered person who, without reasonable excuse, has failed to comply with the requirements of regulation 5 or 6 or paragraph (2) of regulation 8 shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
2
Proceedings under this regulation may only be taken by the Chief Inspector.
Catherine Ashton
Parliamentary Under Secretary of State,
Department for Education and Skills
1st August 2003


text:
Citation, commencement, interpretation and application
1
1
These Regulations may be cited as the National Assistance (Assessment of Resources) (Amendment) (No. 2) (England) Regulations 2003 and shall come into force on 6th October 2003.
2
In these Regulations “the principal Regulations ” means the National Assistance (Assessment of Resources) Regulations 1992 .
3
These Regulations apply to England only .
Amendment of regulation 2 of the principal Regulations
2
In paragraph (1) of regulation 2 of the principal Regulations (interpretation) —
a
insert the following definitions at the appropriate place:
“the Pension Credit Regulations ” means the State Pension Credit Regulations 2002 ;
;
“savings credit” means a savings credit under the State Pension Credit Act 2002 ;
;
b
for the definition of “less dependent resident” substitute —
“less dependent resident” means a resident who is in, or for whom accommodation is proposed to be provided in, premises which are not an establishment which is carried on or managed by a person who is registered under Part II of the Care Standards Act 2000 ;
.
Amendment of Schedule 3 to the principal Regulations
3
In Schedule 3 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings) —
a
in paragraph 17 —
i
in sub-paragraph (a) after “(permitted allowances)” insert “or paragraph 3 of Schedule 4 to the Adoption and Children Act 2002 ”;
ii
at the end add the following sub-paragraph —
2
Any payment, other than a payment to which sub-paragraph (1)(a) applies, made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
;
b
after paragraph 28G, insert the following paragraphs —
28H
1
Where a resident is in receipt of savings credit as a person who has no partner and has qualifying income not exceeding the standard minimum guarantee —
a
the amount of that savings credit where the amount received is £4.50 or less; or
b
£4.50 of that savings credit where the amount received is greater than £4.50.
2
Where a resident —
a
has no partner;
b
has attained the age of 65; and
c
has qualifying income in excess of the standard minimum guarantee,
a sum of £4.50.
3
Where a resident is in receipt of savings credit as a person who has a partner and has qualifying income not exceeding the standard minimum guarantee —
a
the amount of that savings credit where the amount received is £6.75 or less; or
b
£6.75 of that savings credit where the amount received is greater than £6.75.
4
Subject to sub-paragraph (5) where a resident —
a
has a partner;
b
has —
i
attained the age of 65; or
ii
has attained the qualifying age and his partner has attained the age of 65; and
c
has qualifying income in excess of the standard minimum guarantee,
a sum of £6.75.
5
Where the sum referred to in sub-paragraph (4) has been disregarded in the assessment of the resident’s partner’s income under these Regulations, sub-paragraph (4) does not apply to the resident.
6
For the purposes of this paragraph —
a
a resident has a partner if he would be considered to have a partner for the purposes of the Pension Credit Regulations ;
b
“qualifying age” has the same meaning as in section 1(6) of the State Pension Credit Act 2002 ;
c
“qualifying income” shall be construed in accordance with regulation 9 of the Pension Credit Regulations and for the purposes of sub-paragraphs (3) and (4) the resident’s qualifying income shall include any qualifying income of his partner;
d
“standard minimum guarantee” means, for the purposes of —
i
sub-paragraphs (1) and (2), the amount prescribed by regulation 6(1)(b) of the Pension Credit Regulations; and
ii
sub-paragraphs (3) and (4), the amount prescribed by regulation 6(1)(a) of the Pension Credit Regulations 2002.
28I
Any payment made to a temporary resident in lieu of concessionary coal pursuant to section 19(1)(b) or (c) of the Coal Industry Act 1994.
.
Amendment of Schedule 4 to the principal Regulations
4
In Schedule 4 to the principal Regulations (capital to be disregarded) after paragraph 23, add the following paragraph —
24
Any payment made to the resident in accordance with regulations made under paragraph 3 of Schedule 4 to the Adoption and Children Act 2002.
.
Signed by authority of the Secretary of State for Health
Stephen Ladyman
Parliamentary Under Secretary of State,
Department of Health
11th September 2003


text:
1
This Order may be cited as the A1 Trunk Road (Long Bennington (Southbound Slip Road) and Detrunking) Order 2003 and shall come into force on 12th September 2003.
2
In this Order —
i
all measurements of distance are measured along the route of the relevant highway;
ii
“the plan” means the plan numbered HA10/OD/430, marked “The A1 Trunk Road (Long Bennington (Southbound Slip Road) and Detrunking) Order 2003.”, Signed by authority of the Secretary of State for Transport and deposited at DfT, Records Management Branch, Ashdown House, Seddlescombe Road North, St. Leonards on Sea, East Sussex TN37 7GA;
iii
“the slip road” means the slip road which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order;
iv
“the trunk road” means the A1 Trunk Road.
3
From the date on which this Order comes into force the slip road shall become a trunk road.
4
The centre line of the new slip road is indicated by a heavy black line on the plan.
5
The Secretary of State directs as respects any part of a highway which crosses the route of any of the new trunk roads that —
a
where the highway is maintainable at public expense by a local highway authority, the part in question shall be maintained by that authority, and
b
where the highway is not so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for traffic.
6
The length of trunk road described in Schedule 2 to this Order, which is shown by broad black dashes on the plan, shall cease to be a trunk road from the date on which the slip road is open for traffic.
Signed by authority of the Secretary of State for Transport
Graham Bowskill
A Divisional Director in the Highways Agency
21st August 2003


text:
Citation and commencement
1
1
This Order may be cited as the Borough of St Helens (Electoral Changes) Order 2003.
2
This Order, with the exception of articles 5, 6, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating to any election to be held on the ordinary day of elections in 2004, on 15th October 2003;
b
for all other purposes, on the ordinary day of elections in 2004.
3
Articles 5, 6, 7 and 8 shall come into force —
a
for the purpose of proceedings preliminary or relating the election of a parish councillor for the parishes of Bold, Seneley Green, Windle and Eccleston 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 —
“borough” means the borough of St Helens;
“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 Borough of St Helens (Electoral Changes) Order 2003”, of which prints are available for inspection at —
the principal office of the Electoral Commission; and
the offices of St Helens Metropolitan Borough Council; and
any reference to a numbered sheet is a reference to the sheet of the map which bears that number.
Wards of the borough of St Helens
3
1
The existing wards of the borough shall be abolished.
2
The borough shall be divided into sixteen wards which shall bear the names set out in Schedule 1.
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 borough of St Helens
4
1
Elections of all councillors for all wards of the borough shall be held simultaneously on the ordinary day of election of councillors in 2004 .
2
The councillors holding office for any ward of the borough immediately before the fourth day after the ordinary day of elections in 2004 shall retire on that day and the newly elected councillors for those wards shall come into office on that day.
3
Of the councillors elected in 2004 one shall retire in 2006, one in 2007 and one in 2008.
4
Of the councillors elected in 2004 —
a
the first to retire shall, subject to paragraphs (6) and (7), be the councillor elected by the smallest number of votes; and
b
the second to retire shall, subject to those paragraphs, be the councillor elected by the next smallest number of votes.
5
In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any year, the person to retire in that year shall be determined by lot.
6
If an election of councillors for any ward is not contested, the person to retire in each year shall be determined by lot.
7
Where under this article any question is to be determined by lot, the lot shall be drawn at the next practicable meeting of the council after the question has arisen and the drawing shall be conducted under the direction of the person presiding at the meeting.
Wards of the parish of Bold
5
1
The existing wards of the parish of Bold shall be abolished.
2
The parish shall be divided into four parish wards which shall bear the names Bold East, Bold North, Bold South and Bold West; 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 each of the parish wards of Bold North and Bold West shall be four, for the parish ward of Bold East shall be three, and for the parish ward of Bold South shall be one.
Wards of the parish of Seneley Green
6
The parish of Seneley Green shall be divided into three parish wards which shall bear the names set out in column (1) of Schedule 2; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Wards of the parish of Windle
7
The parish of Windle shall be divided into two parish wards which shall bear the names set out in column (1) of Schedule 3; each parish ward shall comprise the area of the borough ward specified in respect of the parish ward in column (2) of that Schedule, and the number of councillors to be elected for each parish ward shall be the number specified in respect of the parish ward in column (3) of that Schedule.
Numbers of parish councillors for the parish of Eccleston
8
The number of parish councillors to be elected for the parish ward of Eccleston West shall be five, for the parish ward of Eccleston South shall be four, and for the parish ward of Eccleston East shall be three.
Maps
9
St Helens Metropolitan Borough Council shall make a print of the map marked “Map referred to in the Borough of St Helens (Electoral Changes) Order 2003” available for inspection at its offices by any member of the public at any reasonable time.
Electoral registers
10
The Electoral Registration Officer for the borough shall make such rearrangement of, or adaptation of, the register of local government electors as may be necessary for the purposes of, and in consequence of, this Order.
Revocation
11
The Borough of St Helens (Electoral Arrangements) Order 1979 is revoked, save for articles 8 and 9(7).
Sealed with the seal of the Electoral Commission on the 31st day of July 2003
Sam Younger
Chairman of the Commission
31st July 2003
Jacqui Dixon
Secretary to the Commission
31st July 2003


text:
Citation, commencement, interpretation and application
1
1
This Order may be cited as the Education (National Curriculum) (Foundation Stage Early Learning Goals) (England) Order 2003 and shall come into force on 24th March 2003.
2
In this Order —
“ the Act ” means the Education Act 2002;
“ the Document ” means the Document entitled “Curriculum guidance for the foundation stage” published by the Qualifications and Curriculum Authority (reference QCA /00/587).
Specification of Early Learning Goals
2
1
It is hereby directed that the provisions relating to the early learning goals set out in the Document shall have effect for the purpose of specifying the early learning goals in relation to the areas of learning specified in section 83(2) of the Act.
2
Practitioners involved in delivering the National Curriculum for the foundation stage shall have regard to the Document to plan and provide learning activities that will assist children to progress towards achieving the early learning goals.
Catherine Ashton
Parliamentary Under Secretary of State
Department for Education and Skills
25th February 2003


text:
Citation, interpretation and extent
1
1
This Order may be cited as the National Health Service Reform and Health Care Professions Act 2002 (Commencement No. 5) Order 2003.
2
In this Order “ the Act ” means the National Health Service Reform and Health Care Professions Act 2002.
3
This Order extends to England and Wales apart from article 3 which extends to England only.
Appointed days for provisions relating to the Commission for Health Improvement
2
1
The day appointed for the coming into force of sections 12(4) and 13(2) of the Act is —
a
18th June 2003 for the purpose of making regulations; and
b
11th July 2003 for all other purposes.
2
11th July 2003 is the day appointed for the coming into force of —
a
sections 12(1) to (3) and (5) (further functions of the Commission for Health Improvement), 13(1) (Commission for Health Improvement: inspections and investigations) and 14 (Commission for Health Improvement: constitution) of the Act;
b
paragraph 30 of Schedule 8 to the Act (minor and consequential amendments) and, in so far as they relate to that paragraph, paragraph 28 of that Schedule and section 37(1) of the Act;
c
the entries in Part 1 of Schedule 9 to the Act (repeals) relating to sections 20(1) and 23(6) of, and Schedule 2 to, the 1999 Act and, in so far as it relates to those entries, section 37(2) of the Act.
Appointed day for section 23(1)
3
18th June 2003 is the day appointed for the coming into force of section 23(1) of the Act (joint working with the prison service).
Signed by authority of the Secretary of State for Health
Warner
Parliamentary Under Secretary of State,
Department of Health
17th June 2003